1993 Statutes of Nevada, Pages 2901-3141

[Rev. 2/12/2019 2:12:44 PM]

RESOLUTIONS AND MEMORIALS

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ê1993 Statutes of Nevada, Page 2901ê

RESOLUTIONS AND MEMORIALS

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FILE NUMBER 1, ACR 1

Assembly Concurrent Resolution No. 1–Committee on Elections and Procedures

FILE NUMBER 1

ASSEMBLY CONCURRENT RESOLUTION–Adopting the Joint Rules of the Senate and Assembly for the 67th 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 66th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 67th session of the Legislature:

COMMITTEES OF CONFERENCE

To Be Appointed by One House at Request of the Other.

In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.

The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.

There shall be but two committees of conference on any bill or resolution. A majority of the members of a committee of conference from each House must be members who voted for the passage of the bill or resolution.

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ê1993 Statutes of Nevada, Page 2902 (FILE NUMBER 1, ACR 1)ê

MESSAGES

Procedure Concerning.

Proclamations by the Governor convening the Legislature in extra session shall, by direction of the presiding officer of each House, be read immediately after the convening thereof, filed and entered in full upon the Journal of proceedings.

Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct the biennial message of the Governor to be received and read, and all special messages to be received, read and entered in full upon the Journal of proceedings.

Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Clerk, who shall be announced by the doorkeeper, enter within the bar, announce and deliver his message.

BILLS

Communications.

Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, in writing, signed by the Secretary or Clerk of the House from which such notice is sent.

BILLS AND JOINT RESOLUTIONS

Signature.

Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after announcement is made of their intention to do so, sign it in open session and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.

Reserved.

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ê1993 Statutes of Nevada, Page 2903 (FILE NUMBER 1, ACR 1)ê

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. 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.

RESOLUTIONS

1. A joint resolution must be used to:

(a) Propose an amendment to the Nevada constitution.

(b) Ratify a proposed amendment to the United States Constitution.

(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.

2. A concurrent resolution must be used to:

(a) Amend these joint rules.

(b) Request the return from the Governor of an enrolled bill for further consideration.

(d) Express facts, principles, opinion and purposes of the Senate and Assembly.

(e) Establish a joint committee of the two Houses.

(f) Direct the Legislative Commission to conduct an interim study.

3. A concurrent resolution or a resolution of one House may be used to:

(a) Memorialize a former member of the Legislature or other notable or distinguished person upon his death.

(b) Congratulate or commend any person or organization for a significant and meritorious accomplishment, but any request for drafting the resolution must be approved by the Senate Committee on Legislative [Functions of the appropriate House] Affairs and Operations or the Assembly Committee on Elections and Procedures before submission to the Legislative Counsel.

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ê1993 Statutes of Nevada, Page 2904 (FILE NUMBER 1, ACR 1)ê

VETOES

Special Order.

Bills which have passed a previous Legislature, and which are transmitted to the Legislature next sitting, accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read by the Clerk without interruption, consecutively, one following the order, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.

ADJOURNMENT

1. In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment must not be counted but the day of the next meeting must be counted, and Sunday 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 [.] in accordance with NRS 218.115. 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 in legislative measures or on any general topic which is pertinent to possible legislative action.

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ê1993 Statutes of Nevada, Page 2905 (FILE NUMBER 1, ACR 1)ê

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.

EXPENDITURES FROM THE LEGISLATIVE FUND

Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a Concurrent Resolution regularly adopted by the Senate and Assembly.

LEGISLATIVE COMMISSION

1. When members of the minority party in the Senate or in the Assembly comprise less than 34 percent of the total number elected to that House, minority party membership for that House on the Legislative Commission must be:

(a) One, if such membership is less than 21 percent.

(b) Two, if such membership is between 21 percent and 33 percent.

If the members of the minority party in the Senate or in the Assembly comprise more than 33 percent of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.

2. Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.

3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislator’s ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senate or Assemblyman of the same party.

4. If for any reason a member is or will be absent from a meeting and there are no alternates available, the chairman of the commission may appoint a member of the same House and political party to attend the meeting as an alternate.

5. The members shall serve until their successors are appointed by resolution are provided in NRS 218.660, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this rule.

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ê1993 Statutes of Nevada, Page 2906 (FILE NUMBER 1, ACR 1)ê

terminate on the day next after the election and the vacancy shall be filled as provided in this rule.

6. The chairman shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his successor is appointed following the formation of the next Legislative Commission

RECORDING COMMITTEE PROCEEDINGS ON AUDIO TAPE

1. Each standing committee of the Legislature shall record on audio tape the proceedings of its meetings.

2. The secretary of a standing committee shall:

(a) Label each tape with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the tape was recorded;

(b) Keep the tapes in chronological order; and

(c) Deposit the tapes immediately following the final adjournment of any regular or special session of the Legislature with the Director of the Legislative Counsel Bureau.

3. The Director of the Legislative Counsel Bureau shall:

(a) Index the tapes;

(b) Make the tapes available for listening by any person during office hours under such reasonable conditions as he may deem necessary;

(c) Maintain a log as a public record containing the date, time, name and address of any person listening to any tapes and identifying the tapes listened to; and

(d) Retain the tapes for two bienniums and at the end of that period dispose of the tapes in any manner he deems reasonable.

REAPPORTIONMENT

The Committee on Government Affairs of the Senate and the Committee on Elections and Procedures of the Assembly are respectively responsible for measures which primarily affect the designation of the districts from which members are elected to the Legislature. Any request for research concerning the population of proposed districts must be submitted to the Research Division of the Legislative Counsel Bureau through one of these committees.

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:

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ê1993 Statutes of Nevada, Page 2907 (FILE NUMBER 1, ACR 1)ê

(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 has 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.

(c) 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. 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 subtantively 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.

7. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

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.

CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS

1. Except as otherwise provided in subsections 2 and 3, the tenure of the President pro Tem, Majority Leader and Minority Leader of the Senate and the Speaker, Speaker pro Tem, Majority Leader and Minority Leader of the Assembly extends during the interim between regular sessions of the Legislature.

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ê1993 Statutes of Nevada, Page 2908 (FILE NUMBER 1, ACR 1)ê

2. The Senators designated to be the President pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.

3. The Assemblymen designated to be the Speaker, Speaker pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.

TIME LIMITATIONS ON INTRODUCTION OF LEGISLATION REQUESTED BY STATE OR LOCAL GOVERNMENT

1. Except as otherwise provided in subsection 2, on the first legislative day, the Legislative Counsel shall randomly deliver, in equal amounts, all legislative measures drafted at the request of any state agency or department or any local government to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction. Bill drafts delivered pursuant to this subsection may not be introduced after the 15th legislative day.

2. Any legislative measure properly requested in accordance with NRS 218.241 and 218.245 by any state agency or department or any local government which has not been drafted before the first legislative day must, upon completion, be immediately and randomly delivered, in equal amounts, by the Legislative Counsel to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction. Bill drafts delivered pursuant to this subsection may be introduced only during the 15 legislative days following delivery.

DATE OF FIRST JOINT BUDGET HEARING

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.

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ê1993 Statutes of Nevada, Page 2909 (FILE NUMBER 1, ACR 1)ê

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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.

[18] 19

[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.

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ê1993 Statutes of Nevada, Page 2910ê

FILE NUMBER 2, ACR 2

Assembly Concurrent Resolution No. 2–Assemblymen Arberry, Wendell Williams, Anderson, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Price, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin and Myrna Williams

FILE NUMBER 2

ASSEMBLY CONCURRENT RESOLUTION–Commemorating Dr. Martin Luther King, Jr.

whereas, Dr. Martin Luther King, Jr., had a dream, to eliminate racial oppression in a country whose entire foundation is based on the ideals of the Declaration of Independence; and

whereas, This remarkable man became a political force who was able to influence our governmental leaders to initiate federal laws which would guarantee civil rights for all Americans, including the Civil Rights Act of 1964, which banned racial segregation in public places; and

whereas, Dr. Martin Luther King, Jr. once said that the “quality, not the longevity of one’s life is what is important,” and today his words and ideals are as profound and relevant as they were over two decades ago; and

whereas, This year, to celebrate the life and accomplishments of Dr. King, the Northern Nevada Black Cultural Awareness Society sponsored a 4-day celebration entitled “Sing the Dream” with entertainment and activities planned for the benefit of the Northern Nevada Black Cultural Awareness Society scholarship fund; and

whereas, The Dr. Martin Luther King, Jr. Committee of Las Vegas, founded in 1981, organized the “1993 King Week Festivities,” a week of community activities including a parade in Las Vegas which was held on Saturday, January 16; and

whereas, Governor Bob Miller and the members of the Nevada State Martin Luther King, Jr. Holiday Commission have continued to work throughout the state to keep alive the memory and spirit of Dr. King; and

whereas, Dr. Martin Luther King, Jr., in sharing his noble dream of equality with the American people, gave all of us hope for the future, as long as we remember his 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 Dr. Martin Luther King, Jr., and his dream of peace, unity, justice and righteousness; and be it further

resolved, That Governor Miller and all members of the Northern Nevada Black Cultural Awareness Society, the Dr. Martin Luther King, Jr. Committee of Las Vegas and the Nevada State Martin Luther King, Jr. Holiday Commission are hereby commended for their statewide activities which have kept alive the vision of Dr. Martin Luther King, Jr.; 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 Dr.

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ê1993 Statutes of Nevada, Page 2911 (FILE NUMBER 2, ACR 2)ê

Dr. 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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FILE NUMBER 3, AR 1

Assembly Resolution No. 1–Committee on Elections and Procedures

FILE NUMBER 3

ASSEMBLY RESOLUTION–Adopting the Standing Rules of the Assembly for the 67th session of the Legislature.

resolved by the assembly of the state of nevada, That the Assembly Standing Rules as amended by the 66th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 67th session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

Speaker of the Assembly.

1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under his supervision.

2. Possessing the powers and performing the duties described in this rule, the Speaker shall:

(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.

(b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto, and in the event of any disturbance or disorderly conduct therein, order the same to be cleared.

(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in his place, to assign the reason for his decision.

(d) Have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond one legislative day.

(e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.

(f) Have the power to accredit the persons who act as representatives of the press, radio and television, and assign them seats.

(g) Sign all bills and resolutions passed by the Legislature as provided by law.

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ê1993 Statutes of Nevada, Page 2912 (FILE NUMBER 3, AR 1)ê

(h) Sign all subpenas issued by the Assembly or any committee thereof.

(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.

(j) Represent the Assembly, declare its will and in all things obey its commands.

(k) Vote on final passage of a bill or resolution, but he shall not be required to vote in ordinary legislative proceedings except where his vote would be decisive. In all aye and no votes, the Speaker’s name shall be called last.

3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.

4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.

Reserved.

II. SESSIONS AND MEETINGS

Time of Meeting.

The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.

Open Meetings.

All meetings of the Assembly and its standing committees shall be open to the public.

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ê1993 Statutes of Nevada, Page 2913 (FILE NUMBER 3, AR 1)ê

Reserved.

III. DECORUM AND DEBATE

Points of Order.

If any member, in speaking or otherwise, [transgress] transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the Speaker, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the Speaker shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the Speaker.

Reserved.

Committee on Ethics; Legislative Ethics.

1. The Committee on Ethics consists of:

(a) Two members of the Assembly appointed by the Speaker from the majority political party;

(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and

(c) Two qualified electors of the state chosen by the members of the committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.

2. The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the committee during the consideration of a specific question.

3. A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.

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ê1993 Statutes of Nevada, Page 2914 (FILE NUMBER 3, AR 1)ê

4. The committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings by the committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

(a) Against whom a complaint is brought requests a public hearing;

(b) Discloses the opinion of the committee at any time after his hearing; or

5. A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the chairman and he shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.

6. The criterion to be applied by the committee in determining whether a Legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:

(a) His acceptance of a gift or loan; or

(b) His private economic interest.

7. A Legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of the conflict. In determining whether to vote upon, advocate or oppose the measure, the Legislator should consider whether:

(a) The conflict impedes his independence of judgment;

(b) His participation will produce a negative effect on the public’s confidence in the integrity of the Legislature;

(d) His interest is greater than the interests of an entire class of persons similarly situated.

IV. QUORUM, VOTING, ELECTIONS

Manner of Voting.

1. The Speaker shall declare all votes but the ayes and noes shall be taken when called for by three members present, and the names of those calling for the ayes and noes shall be entered in the Journal by the Chief Clerk.

2. The Speaker shall call for ayes and noes by a division or by a roll call, either electronic or oral.

3. When taking the ayes and noes on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.

4. When taking the ayes and noes by oral roll call, the Chief Clerk shall take the names of members alphabetically except that the Speaker shall be called last.

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ê1993 Statutes of Nevada, Page 2915 (FILE NUMBER 3, AR 1)ê

5. The electronic roll call system may be used to determine the presence of a quorum.

6. The ayes and noes shall not be taken with the electronic roll call system until all members present are at their desks. The Speaker and the Speaker pro Tempore may vote at their desks or at the rostrum.

7. Only a member, certified by the Committee on Credentials of the Assembly, may cast a vote in the Assembly. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

Reserved.

Announcement of the Vote.

1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

2. The announcement of the result of any vote shall not be postponed.

Voting by Division.

Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

V. LEGISLATIVE BODIES

Standing Committees.

The standing committees of the Assembly are as follows:

1. Ways and Means, [fifteen] thirteen members.

2. Judiciary, fourteen members.

3. Taxation, eleven members.

4. Education, eleven members.

5. [Legislative Functions and Elections, thirteen] Elections and Procedures, eleven members.

6. Natural Resources, Agriculture and Mining, eleven members.

7. Labor and Management, eleven members.

8. Transportation, nine members.

9. Commerce, thirteen members.

10 Health and [Welfare,] Human Services, eleven members.

11. Government Affairs, thirteen members.

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ê1993 Statutes of Nevada, Page 2916 (FILE NUMBER 3, AR 1)ê

Appointment of Committees.

Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.

To facilitate the full participation of the members during the adjournment required by NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

Committee Action.

The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this rule. Motions may be moved, seconded and passed by voice vote by a simple majority of those present, except that definite action on a bill or resolution will require a majority of the entire committee. A two-thirds majority of all the committee is required to reconsider action on a bill or resolution. Committee introduction requires concurrence of two-thirds of the committee and does not imply commitment to support final passage. The Chairman shall vote on all final action regarding bills or resolutions. No member of the committee may vote by proxy under any circumstances.

Subcommittees.

Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.

Committee on [Legislative Functions and Elections.] Elections and Procedures.

The Committee on [Legislative Functions and] Elections and Procedures has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attachés and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attaché 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.

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ê1993 Statutes of Nevada, Page 2917 (FILE NUMBER 3, AR 1)ê

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.] Elections and Procedures. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.

2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its recommendation on which candidate should be declared elected. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the 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. 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.

Committee Action on Reports.

Committee reports shall be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution shall be recorded. The vote may be taken by roll call at the discretion of the chairman.

Committee Records.

The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there shall be entered:

1. The time and place of each meeting;

2. The attendance and absence of members;

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ê1993 Statutes of Nevada, Page 2918 (FILE NUMBER 3, AR 1)ê

3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and

4. The subjects or measures considered and action taken.

Disposition of Committee Records.

All minutes, records and documents in the possession of committees and their chairmen shall be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.

Committee Hearings.

Public hearings shall be held on important bills and other matters of high public interest. Presence of a quorum of the committee is desirable but not required. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair, furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness. When all persons present have been heard, the chairman may declare the public hearing closed on the matter before proceeding to other matters.

Reserved.

Concurrent Referrals.

When a bill or resolution is referred to two committees the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee.

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ê1993 Statutes of Nevada, Page 2919 (FILE NUMBER 3, AR 1)ê

VI. RULES GOVERNING MOTIONS

Entertaining.

No motion shall be debated until the same be distinctly announced by the Speaker; and it shall be reduced to writing, if desired by the Speaker or any member, and be read by the Chief Clerk before the same shall be debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

Reserved.

Particular Motions

Reserved.

Indefinite Postponement.

When a question is postponed indefinitely, the same shall not be considered again during the session and the question shall not be subject to a motion for reconsideration.

To Strike Enacting Clause.

A motion to strike out the enacting clause of a bill or resolution shall not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

Division of Question.

Any member may call for a division of the question, which shall be divided, if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly.

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ê1993 Statutes of Nevada, Page 2920 (FILE NUMBER 3, AR 1)ê

Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

To Reconsider — Precedence Of.

A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the day preceding the last day of the session.

VII. DEBATE

Speaking on Question.

No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

Previous Question.

The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

VIII. CONDUCT OF BUSINESS

A. Rules and Procedure

Mason’s Manual.

The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.

Suspension of Rule.

No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

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ê1993 Statutes of Nevada, Page 2921 (FILE NUMBER 3, AR 1)ê

being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

Notices of Bills, Topics and Public Hearings.

All committees shall provide notice of public hearings on bills, resolutions or topics of high public importance at least 5 calendar days before such hearings. Notice shall also be provided for all other committee meetings at least 24 hours in advance of such meetings. Notices in all cases shall include the date, time, place and agenda to be covered and shall be posted conspicuously in the legislative building, appear in the daily history and be made available to the press.

The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.

Reserved.

Privilege of the Floor and Lobbying.

No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.

Material Placed on Legislators’ Desks.

All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.

Peddling and Soliciting.

Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto, and no part of said chamber or halls shall be used for, or occupied by signs or other devices for any kind of advertising.

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ê1993 Statutes of Nevada, Page 2922 (FILE NUMBER 3, AR 1)ê

Petitions and Memorials.

Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in his place. A brief statement of the contents thereof shall be made verbally by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

Request of Purpose.

A member may request the purpose of a bill or joint resolution upon its introduction.

Remarks.

It shall be in order for members to make remarks and to have such remarks entered in the Journal.

100

Precedence of Parliamentary Authority.

The precedence of parliamentary authority in the Assembly shall be as follows:

1. The Constitution of the State of Nevada.

2. The Statutes of the State of Nevada.

3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.

4. Mason’s Manual of Legislative Procedure.

101

Reserved.

102

Reserved.

103

Reserved.

B. Bills

104

Reserved.

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ê1993 Statutes of Nevada, Page 2923 (FILE NUMBER 3, AR 1)ê

105

Substitute Bills.

A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.

106

Skeleton Bills.

The introduction of skeleton bills is authorized after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed. The committee, if it treats the skeleton bill favorably, shall then request the draft of a completed bill in such detail as would afford the committee the opportunity of considering the legislative ideas proposed in context with all their necessary ramifications.

107

Reserved.

108

Reserved.

109

Reading of Bills.

The Speaker shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.

110

Second Reading and Amendment of Bills.

All bills shall be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be engrossed and placed on the General File and Senate bills reported without amendments shall be placed on the General File.

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ê1993 Statutes of Nevada, Page 2924 (FILE NUMBER 3, AR 1)ê

without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members shall be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended shall be reprinted, engrossed, and placed on the General File, and Senate bills so amended shall be reprinted, reengrossed, and placed on the General File.

Any member may move to amend a bill during its second or third reading, and such motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading shall be treated the same as bills with committee amendments. Any bill so amended upon the General File shall be reprinted and reengrossed.

The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.

111

Consent Calendar.

1. On or before the 80th calendar day of a regular session, a standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended. If the bill is an Assembly bill, it must be engrossed upon receipt by the Chief Clerk of the committee’s recommendation.

2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

3. Unless postponed by motion, the consent calendar must be considered on Monday and Thursday. A bill reported on Friday to Monday, inclusive, is eligible to be considered on the following Thursday; a bill reported on Tuesday to Thursday, inclusive, is eligible to be considered on the following Monday.

4. At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he objects to the inclusion of a particular bill on the consent calendar. If a member so objects, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.

5. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.

6. When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.

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ê1993 Statutes of Nevada, Page 2925 (FILE NUMBER 3, AR 1)ê

112

Reserved.

113

General File.

All bills reported to the Assembly, by either standing or special committees, after receiving their second readings shall be placed upon a General File, to be kept by the Chief Clerk. No bill shall be considered by the Assembly until the regular order of business shall have been gone through. Then bills shall be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post, in a conspicuous place in the chamber, a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. He shall likewise post notices of special orders as made.

114

Reserved.

115

Reconsideration of Vote on Bill.

On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration shall be given on the day on which such final vote was taken by a member voting with the prevailing party. It shall not be in order for any member to move a reconsideration on the day on which such final vote was taken, except by unanimous consent. But there shall be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.

116

Reserved.

117

Reserved.

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ê1993 Statutes of Nevada, Page 2926 (FILE NUMBER 3, AR 1)ê

C. Resolutions

118

Treated as Bills — Joint Resolutions.

The procedure of enacting joint resolutions shall be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution shall be entered in the Journal in their entirety.

119

Reserved.

120

Order of Business.

The Order of Business must be as follows:

1. Roll Call.

2. Reading and Approval of Journal.

3. Presentation of Petitions.

4. Reports of Standing Committees.

5. Reports of Select Committees.

6. Communications.

7. Messages from the Senate.

8. Motions, Resolutions and Notices.

9. Introduction, First Reading and Reference.

10. Consent Calendar.

11. Second Reading and Amendment.

12. General File and Third Reading.

13. Unfinished Business of Preceding Day.

14. Special Orders of the Day.

15. Remarks from the Floor, limited to 10 minutes.

121

Reserved.

122

Privileged Questions.

Privileged questions shall have precedence of all others in the following order:

1. Motions to fix the time to which the Assembly shall adjourn.

2. Motions to adjourn.

3. Questions relating to the rights and privileges of the Assembly or any of its members.

4. A call of the House.

5. Motions for special orders.

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ê1993 Statutes of Nevada, Page 2927 (FILE NUMBER 3, AR 1)ê

123

Privilege of Closing Debate.

The author of a bill, resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

124

Reserved.

125

Reserved.

126

Vetoed Bills.

Bills which have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same, shall be taken up and considered immediately upon the coming in of the message transmitting the same, or shall become the subject of a special order, and when the message is received, or (if made a special order) when the special order is called, the said message or statement shall be read together with the bill or bills so disapproved or vetoed; and the message and bill shall be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall first have been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill shall be entered upon the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.

127

Reserved.

128

Reserved.

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ê1993 Statutes of Nevada, Page 2928 (FILE NUMBER 3, AR 1)ê

IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

140

Compensation of Witnesses.

Witnesses summoned to appear before the Assembly or any of its committees shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

141

Use of the Assembly Chamber.

The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

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FILE NUMBER 4, AR 2

Assembly Resolution No. 2–Committee on Elections and Procedures

FILE NUMBER 4

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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FILE NUMBER 5, AR 3

Assembly Resolution No. 3–Committee on Elections and Procedures

FILE NUMBER 5

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 67th session of the Legislature of the State of Nevada: Carol L.

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ê1993 Statutes of Nevada, Page 2929 (FILE NUMBER 5, AR 3)ê

Legislature of the State of Nevada: Carol L. Moore, Joan E. Anderson, Lucinda Benjamin, Linda B. Alden, Jane A. Gill, Charles W. Van Geel, Jr., Martin Lachter, Teena J. Erickson, Jason P. Hataway, Scott M. Ruedy, Jennifer R. Smith, Pat V. Hatch, Betty Day, Yhvona F. Martin, Laverna E. Marwin, Carolyn J. Maynick, Barbara J. Pryor, Cindy E. Southerland, Iris J. Bellinger, Courtnay A. Berg, Linda C. Blevins, Janet L. Busse, Constance J. Campbell, Jessie A. Caple, Linda D. Chandler-Law, Marilyn Cole, Lula B. Collins, Reba A. Coombs, Carol L. Dickerson, Barbara A. Doke, Linda E. Featheringill, Maureen D. Francisco, Dorothy G. Fuetz, C. Dale Gray, Judy A. Gyarmathy, Donna K. Hancock, Judy A. Hanna, Carolyn J. Harry, Marian I. Howard, Sara J. Kaufman, Sandy T. Machado, Sylvia M. Mays, Pat H. Menath, Bobbie Mikesell, Chandra F. Penderland, Kerin E. Putnam, Diane L. Randall, Christine W. Shaw, Paulette Simpson, Marlene L. Staub, Barbara D. Tonge, Marcy Troescher, Rebecca A. Whitmore, Jeanette Whorton, Betty M. Wills, Sally W. Dunfield, Mary L. Carel, Julene M. Smith, Morse R. Burley, Edward V. Cordisco, Jr., Melvin T. Cowperthwaite, Linda L. Cummings, Mark T. Hess, Martha J. Laird, John C. Martini, Ronald D. Marwin, Birgitta M. Metz, Reid Meyer, Shanna H. Pozzi, Mary D. Smith and Vera K. Williams.

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FILE NUMBER 6, SR 1

Senate Resolution No. 1–Senators Raggio and Titus

FILE NUMBER 6

SENATE RESOLUTION–Adopting the Standing Rules of the Senate for the 67th session of the Legislature.

resolved by the senate of the state of nevada, That the Senate Standing Rules as amended by the 66th session are adopted, with the following changes, as the Standing Rules of the Senate for the 67th session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

President.

The Present shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate.

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ê1993 Statutes of Nevada, Page 2930 (FILE NUMBER 6, SR 1)ê

for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

President pro Tem.

The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Vice Chairman of the Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.

Secretary.

1. The Secretary of the Senate is elected by the Senate, and shall:

(a) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Secretary.

(b) See that these employees perform their respective duties.

(d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.

2. The Secretary is responsible to the majority floor leader.

Sergeant at Arms.

1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.

2. The Sergeant at Arms shall:

(a) Superintend the upkeep the Senate’s Chamber, private lounge, and meeting rooms for committees.

(b) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Sergeant at Arms.

3. The Sergeant at Arms is responsible to the majority floor leader.

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ê1993 Statutes of Nevada, Page 2931 (FILE NUMBER 6, SR 1)ê

Assistant.

The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.

Reserved.

II. SESSIONS AND MEETINGS

Time of Meeting.

The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.

Call of Senate — Moved by Three Members.

A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

Absence — Leave Required.

No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.

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 must be open to the public.

2. A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

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ê1993 Statutes of Nevada, Page 2932 (FILE NUMBER 6, SR 1)ê

III. DECORUM AND DEBATE

Points of Order.

If any Senator, in speaking or otherwise, [transgress] transgresses the rules of the Senate, the President shall, or any Senator may, call him to order, and when a Senator shall be so called to order he shall sit down and shall not proceed without leave of the Senate; which leave, if granted, shall be upon motion, “That he be allowed to proceed in order,” when he shall confine himself to the question under consideration and avoid personality. Every decision of points of order by the President shall be subject to appeal, and no discussion of a question of order shall be allowed, except upon appeal of two Senators, and in all cases of appeal the question shall be, “Shall the decision of the Chair stand as the judgment of the Senate?”

Breaches of Decorum.

In cases of breaches of decorum or propriety any Senator, officer or other person shall be liable to such censure or punishment as the Senate may deem proper, and if any Senator be called to order for offensive or indecorous language or conduct, the person calling him to order shall report the language or conduct excepted to, which shall be taken down or noted at the Secretary’s desk, and no member shall be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

Indecorous conduct or boisterous or unbecoming language shall not be permitted in the Senate Chamber.

IV. QUORUM, VOTING, ELECTIONS

Recorded Vote — Three Required to Call For.

A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members, and every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate, and the votes and names of those absent or recorded as “not voting” must be entered on the Journal, and the names of Senators demanding the recorded vote must also be entered on the Journal.

President to Decide — Tie Vote.

A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.

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ê1993 Statutes of Nevada, Page 2933 (FILE NUMBER 6, SR 1)ê

Manner of Election — Voting.

In all cases of election by the Senate the vote shall be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording, and no Senator or other person may remain by the Secretary’s desk while the roll is being called or the votes are being counted. When a recorded vote is taken, no Senator may vote except when at his seat, nor upon any question in which he is in any way personally or directly interested, nor explain his vote or discuss the question while the voting is in progress, nor change his vote after the result is announced, and the announcement of the result of any vote shall not be postponed.

V. LEGISLATIVE BODIES

Standing Committees.

1. Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

(a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.

(b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.

(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, [the Colorado River commission,] and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289 and 407 of NRS, except measures affecting primarily state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.

(d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, [388-397,] 388-399, 439-444, [446-460] 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.

(e) Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS, except measures affecting primarily state and local revenue.

(f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.

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ê1993 Statutes of Nevada, Page 2934 (FILE NUMBER 6, SR 1)ê

legislative session, except measures affecting primarily state and local revenue.

(g) Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 444A, 445, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily [the Colorado River Commission and] state and local revenue.

(h) Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.

(i) Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters [403-406,] 403-405, 408-410, 481-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

2. The chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.

Reserved.

Committee Expenses.

No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.

Duties of Committees.

The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.

Committee on Legislative Affairs and Operations.

The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachés and employees of the Senate not otherwise provided for by law. It may suspend any attaché or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests.

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ê1993 Statutes of Nevada, Page 2935 (FILE NUMBER 6, SR 1)ê

shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the committee on matters of ethics or conflicts of interest are confidential.

Reserved.

Forming Committee of the Whole.

In forming the Committee of the Whole, the Senator who has so moved shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.

Rules Applicable to Committee of the Whole.

The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.

Motion to Rise Committee of the Whole.

A motion that the committee rise shall always be in order, and shall be decided without debate.

Reference to Committee.

When a motion is made to refer any subject, and different committees are proposed, the question must be taken in the following order:

1. The Committee of the Whole Senate.

2. A Standing Committee.

Return from Committee.

Any bill or other matter referred to a committee of the Senate shall not be withdrawn or ordered taken from such committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.

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ê1993 Statutes of Nevada, Page 2936 (FILE NUMBER 6, SR 1)ê

the Senate, and at least one day’s notice of the motion therefor. No such motion shall be in order on the last day of the session, or on the day preceding the last day of the session. Nothing in this rule shall be construed to take from any committee the rights and duties of committees provided for in Rule No. 43 of Senate Standing Rules.

Reserved.

Committee Rules.

1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual must be followed.

2. A majority of any committee constitutes a quorum for the transaction of business.

3. A meeting of a committee 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 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 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.

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ê1993 Statutes of Nevada, Page 2937 (FILE NUMBER 6, SR 1)ê

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 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;

(d) Date or dates bill heard and voted upon; and

(e) Date report prepared.

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.

Review of State Agency Programs.

In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.

VI. RULES GOVERNING MOTIONS

A. Motions Generally

Entertaining.

No motion shall be debated until announced by the President. It shall be reduced to writing and read by the Secretary, if desired by the President or any Senator, before it shall be debated, and by consent of the Senate may be withdrawn before amendment or decision.

Precedence of Motions.

When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:

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ê1993 Statutes of Nevada, Page 2938 (FILE NUMBER 6, SR 1)ê

1. To adjourn.

2. For a call of the Senate.

3. To lay on the table.

4. For the previous question.

5. To postpone to a day certain.

6. To commit.

7. To amend.

8. To postpone infinitely.

The first four shall be decided without debate.

When Not Entertained.

When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it shall not be again entertained on the same day and at the same stage of proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session except this rule may be suspended by a two-thirds vote, and there shall be no reconsideration of a vote on a motion to [indefinitely postpone.] postpone indefinitely.

B. Particular Motions

To Adjourn.

A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered on the Journal.

Lay on the Table.

A motion to lay on or take from the table shall be carried by a majority vote.

Reserved.

To Strike Enacting Clause.

A motion to strike out the enacting clause of a bill or resolution shall have precedence of a motion to commit or amend, and if carried shall be equivalent to its rejection.

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ê1993 Statutes of Nevada, Page 2939 (FILE NUMBER 6, SR 1)ê

Division of Question.

Any Senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away, a substantive proposition shall remain for the decision of the Senate; but a motion to strike out and insert shall not be divided.

To Reconsider — Precedence of.

A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move a reconsideration shall continue to the next day of sitting. No notice or reconsideration of any final vote shall be in order on the pay preceding the last day of the session.

Explanation of Motion.

Whenever a Senator moves to take a bill off general file and return it to the Secretary’s desk or to make any other disposition of a bill that has been reported out of committee, he shall describe the subject of the bill, explain the purpose of his motion and state the reasons for his requesting the change in the processing of the bill.

VII. DEBATE

Speaking on Question.

Every Senator when he speaks, shall, standing in his place, address “Mr. President,” in a courteous manner, and shall confine himself to the question before the Senate, and when he has finished, shall sit down. No Senator shall speak more than twice (except for explanation) during the consideration of any one question on the same day, nor a second time without leave when others who have not spoken desire the floor; but incidental and subsidiary questions arising during debate shall not be considered the same question.

Previous Question.

The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be divided without debate.

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ê1993 Statutes of Nevada, Page 2940 (FILE NUMBER 6, SR 1)ê

without debate. A person who is speaking on a question shall not while he has the floor move to put that question.

VIII. CONDUCT OF BUSINESS

A. Generally

Mason’s Manual.

The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.

Suspension of Rule.

No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule. No. 50.

Notices of Bills, Topics and Public Hearings.

Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.

This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.

Protest.

Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered upon the Journal.

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ê1993 Statutes of Nevada, Page 2941 (FILE NUMBER 6, SR 1)ê

Privilege of the Floor.

1. To preserve decorum and facilitate the business of the Senate, only state officers and officers and members of the Senate may be present on the floor of the Senate during formal sessions, except for employees of the Legislative Counsel Bureau, attachés and employees of the Senate and members of the Assembly whose presence is required for the transaction of business. Guests of Senators must be seated in a section of the lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Floor Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.

2. A majority may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.

3. The Senate Chamber may not be used for any but legislative business except by permission given by a two-thirds vote.

Material Placed on Legislators’ Desks.

All papers, letters, notes, pamphlets and other written material placed upon a Senator’s desk must contain the name of the Legislator requesting the placement of such material on the desk or contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals, or Legislative Counsel Bureau material.

Reserved.

Petitions and Memorials.

The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.

Reserved.

100

Reserved.

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ê1993 Statutes of Nevada, Page 2942 (FILE NUMBER 6, SR 1)ê

101

Reserved.

102

Objection to Reading of Paper.

Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.

103

Questions Relating to Priority of Business.

All questions relating to the priority of business shall be decided without debate.

B. Bills

104

Reserved.

105

Reserved.

106

Skeleton Bills.

107

Information Concerning Bills.

Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers.

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ê1993 Statutes of Nevada, Page 2943 (FILE NUMBER 6, SR 1)ê

proponents of the measure together with their addresses and telephone numbers. This information may be provided by:

1. The Senator introducing the bill;

2. The person requesting a committee introduction of the bill; or

3. The chairman of a committee introducing the bill.

The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

108

Reserved.

109

Reading of Bills.

At least one day’s notice shall be given of the introduction of a bill unless by consent of two-thirds of the Senate, or the bill be presented by a committee in the discharge of its duty. Every bill shall receive three readings previous to its passage, unless, in case of emergency, two-thirds of the Senate shall deem it expedient to dispense with this rule. The President shall give notice at each whether it be first, second or third reading. The first reading of the bill shall be for information, and if opposition be made to it, the question shall be, “Shall this bill be rejected?” If no opposition be made, or if the question to reject be negatived, the bill shall then take the usual course. No bill shall be committed until once read, nor amended until twice read. The third reading of every bill shall be by sections.

110

Second Reading File — Consent Calendar.

1. All bills reported by committee shall be placed on a second reading file unless recommended for placement on the consent calendar. Senate bills recommended for placement on the consent calendar must be engrossed upon receipt by the Secretary of the committee’s recommendation. Upon the request of any Senator, at any time before the consent calendar is called, a bill placed on the consent calendar shall be transferred to the second reading file.

2. When the consent calendar is called, the bills remaining on the consent calendar shall be read by number and summary, and the vote shall be taken on their final passage as a group.

111

Printing.

One thousand copies of all bills and resolutions of general interest shall be printed for the use of the Senate and Assembly, and two hundred and fifty copies of such as are of only local interest; also such other matter shall be printed as may be ordered by the Senate.

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ê1993 Statutes of Nevada, Page 2944 (FILE NUMBER 6, SR 1)ê

copies of such as are of only local interest; also such other matter shall be printed as may be ordered by the Senate.

112

Reserved.

113

Reading of Bills — General File.

All bills on the second reading file shall be read in the order in which they are reported by committees. Upon reading of bills on the second reading file, Senate bills reported without amendments shall be engrossed and placed on the general file, and Assembly fills reported without amendments shall be placed on the general file. Committee amendments reported with bills shall be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Senate bills so amended shall be reprinted, engrossed and placed on the general file, and Assembly bills so amended shall be reprinted, reengrossed and placed on the general file. Engrossed bills shall be placed at the head of the file in the order in which they are reported engrossed, except general appropriation bills, which shall be at the head of the file. The file, with each bill in order, shall be conspicuously posted in the Senate Chamber each day by the Secretary.

Any member may move to amend a bill during its reading on the second reading file or during its third reading and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading shall be treated the same as bills with committee amendments. Any bill so amended upon the general file shall be reprinted and reengrossed.

The reprinted of amended bills may be dispensed with only in accordance with the provisions of law. Unless otherwise ordered by the Senate, one thousand copies of all amended bills shall be printed.

114

Commitment of Bill with Special Instructions.

A bill may be committed with special instructions to amend at any time before taking the final vote.

115

Reconsideration of Vote on Bill.

On the day next succeeding the final vote on any bill, said vote may be reconsidered on motion of any member, provided notice of intention to move a reconsideration was given on the day such final vote was taken, by a Senator who voted on that side which prevailed, and no motion to reconsider shall be in order on the day such final vote was taken, except by unanimous consent. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

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ê1993 Statutes of Nevada, Page 2945 (FILE NUMBER 6, SR 1)ê

116

Reserved.

117

Different Subject Not Admitted as Amendment.

No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.

C. Resolutions

118

Treated as Bills.

Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.

119

Treated as Motions.

Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.

120

Order of Business.

1. Roll Call.

2. Prayer by the Chaplain.

3. Pledge of Allegiance to the Flag.

4. Reading and Approval of the Journal.

5. Reports of Standing Committees.

6. Messages from the Governor.

7. Messages from the Assembly.

8. Communications from State Officers.

9. Motions, Resolutions and Notices.

10. Introduction, First Reading and Reference.

11. Consent Calendar.

12. Second Reading and Amendment.

13. Business on General File and Third Reading.

14. Unfinished Business.

15. Special Orders of the Day.

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ê1993 Statutes of Nevada, Page 2946 (FILE NUMBER 6, SR 1)ê

16. Remarks from the Floor; Introduction of Guests.

121

Privilege.

Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.

122

Reserved.

123

Reserved.

124

Preference to Speak.

When two or more Senators rise at the same time the President shall name the one who may first speak — giving preference, when practicable, to the mover or introducer of the subject under consideration.

125

Special Order.

The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

126

Reserved.

127

Messages.

Messages from the Governor, state officers and from the Assembly may be considered at any time by a vote of the Senate.

128

Reserved.

129

Reserved.

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ê1993 Statutes of Nevada, Page 2947 (FILE NUMBER 6, SR 1)ê

D. Contests of Election

130

Procedure.

1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:

(a) That the election board or any member thereof was guilty of malfeasance.

(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.

(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.

(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.

(f) That there was a possible malfunction of any voting or counting device.

2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate 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 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate 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 contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

IX. LEGISLATIVE INVESTIGATIONS

140

Compensation of Witnesses.

Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

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ê1993 Statutes of Nevada, Page 2948ê

FILE NUMBER 7, SR 2

Senate Resolution No. 2–Senators Raggio and Titus

FILE NUMBER 7

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.

________

FILE NUMBER 8, SR 3

Senate Resolution No. 3–Committee on Legislative Affairs and Operations

FILE NUMBER 8

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 67th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann Moyle, Mary Phillips, Mary Ellen Patt, Charles Welsh, Sam Palazzolo, Julian High, Ken Rawson, Lori Whatley, Ruth Pierini, Gayle Pyle, Shirley Hammon, Judy Bishop, Joan Thran, Lucille Hill, Dottie Kelley, P.K. Federicks, Carol Ratzlaff, Maudie Long, Paula Saponaro, Judy Alexander, Caroline Allen, Sandy Arraiz, Sheri Asay, Ricka Benum, Billie Brinkman, Betty Christenson, Lisa Clearwater, Dee Crawford, Sam Derrivan, Marion Entrekin, Maddie Fischer, Rayanne Francis, Diana Gamble, Marilyn Hofmann, Judith Jacobs, Jane King, Linda Krajewski, Joan McConnell, Tanya Morrison, Sharon Nesbitt, Denise Pinnock, Melanie Rosenberg, Mavis Scarff, Terri Jo Wittenberg, JoAnn Wessel, June Riesau, Suzanna Martin, Ed Cordisco, Janet Meredith, Scott Deselle, Mary Jo Meyer, Elio Martini, Lorna McDaniel, Alfred Perondi, Oliver Perondi, Joe Pieretti and Rose Marie Price.

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ê1993 Statutes of Nevada, Page 2949ê

FILE NUMBER 9, AJR 1

Assembly Joint Resolution No. 1–Committee on Elections and Procedures

FILE NUMBER 9

ASSEMBLY JOINT RESOLUTION–Congratulating Bill Clinton and Al Gore on their inaugurations as President and Vice President, respectively, of the United States.

whereas, On January 20, 1993, Bill Clinton and Al Gore will be formally inaugurated as President and Vice President, respectively, of the United States; and

whereas, The citizens of the United States and Nevada, through the elective process, have expressed their confidence and trust in these men who now must assume leadership of the world’s greatest nation, a nation dedicated to human advancement and the realization of peace, liberty and justice for men and women everywhere; and

whereas, Our nation faces many challenges as we enter the last decade of the 20th century and prepare to lead the world into the 21st century; and

whereas, Upon the inaugurations of Bill Clinton and Al Gore, Nevadans and all other Americans must give their undivided support to this team as they lead our great nation over the next 4 years; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 67th Session of the Nevada Legislature extend their best wishes and congratulations to Bill Clinton and Al Gore on their inaugurations as President and Vice President, respectively, of these United States; and be it further

resolved, That the contents of this resolution be dispatched forthwith by telegraph by the Chief Clerk of the Assembly to Bill Clinton and Al Gore, and that thereafter copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Messrs. Clinton and Gore; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 2950ê

FILE NUMBER 10, SJR 3

Senate Joint Resolution No. 3–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 10

SENATE JOINT RESOLUTION–Commending President George Bush and Vice President Dan Quayle for their service to the Nation over the past 4 years.

whereas, George Herbert Walker Bush has served as President and J. Danforth Quayle has served as Vice President of the United States for the past 4 years; and

whereas, Under President Bush’s leadership and expertise in conducting foreign affairs, we have seen the dissolution of communism and the emergence of strong diplomatic relationships throughout the world; and

whereas, Two years ago, the Armed Forces of the United States, under the guidance of President Bush, along with military forces of many other nations, successfully participated in Operation Desert Shield and, subsequently, Operation Desert Storm; and

whereas, Through this united effort, President Bush helped to reinforce the principle that unprovoked aggression would not be tolerated; and

whereas, President Bush has also served our country in many other capacities, including Vice President, Congressman, Director of the Central Intelligence Agency, Ambassador to the United Nations and United States Envoy to the People’s Republic of China; and

whereas, Vice President Quayle served with distinction as the President of the Senate and confidant to the President; and

whereas, Vice President Quayle has also served our country in other capacities, including Congressman from 1976 through 1980 and United States Senator from 1981 until his election as Vice President in 1988; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the members of the 67th Session of the Nevada Legislature hereby commend President Bush and Vice President Quayle on their outstanding performance while serving their country during trying times; and be it further

resolved, That best wishes go to President and Mrs. Bush and Vice President and Mrs. Quayle along with hopes for a bright, relaxing and happy future; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to President George Bush and Vice President Dan Quayle; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 2951ê

FILE NUMBER 11, ACR 7

Assembly Concurrent Resolution No. 7–Assemblymen Wendell Williams, Evans, Arberry, Anderson, Porter, Lambert, Bennett, Garner, McGaughey, Neighbors, Bache, de Braga, Kenny, Segerblom, Myrna Williams, Gibbons, Price, Chowning, Smith, Gregory, Petrak, Hettrick, Heller, Perkins, Bonaventura, Regan, Collins, Spitler, Dini, Schneider, Ernaut, Carpenter, Humke, Scherer, Sader, Tiffany, Freeman, Marvel, Giunchigliani, Toomin, Haller and Augustine

FILE NUMBER 11

ASSEMBLY CONCURRENT RESOLUTION–Memorializing retired Supreme Court Justice Thurgood Marshall.

whereas, The members of the Nevada Legislature were deeply saddened by the death on January 24, 1993, of retired Supreme Court Justice Thurgood Marshall; and

whereas, Thurgood William Marshall was born on July 2, 1908, in Baltimore, Maryland; and

whereas, Thurgood Marshall received his Bachelor’s Degree cum laude from Lincoln University in 1930 and his Bachelor of Laws Degree from Howard University Law School in 1933, where he was first in his class; and

whereas, The great-grandson of slaves, Thurgood Marshall became indignant at the prejudices he encountered while growing up, including, not being able to enroll at his local public school or in the University of Maryland Law School; and

whereas, When Thurgood Marshall became chief legal counsel for the Legal Defense Fund of the National Association for the Advancement of Colored People in the 1930s, he gained the opportunity to challenge racism in the courts and did so successfully for the next two decades; and

whereas, Thurgood Marshall was the attorney who argued the landmark school segregation case of Brown vs. Board of Education before the Supreme Court, on May 17, 1954, in which the Supreme Court reversed long-standing case law and ruled that segregation was “inherently unequal”; and

whereas, Thurgood Marshall gained the admiration and respect of all Americans as a man of wisdom and in 1967 President Johnson nominated him associate justice to the Supreme Court, and with his acceptance, Thurgood Marshall became the first black man to hold a seat on the Supreme Court; and

whereas, During the next 24 years, as Justice of the Supreme Court, Thurgood Marshall inspired our country to fight for the civil rights and equal opportunities for all Americans, regardless of color; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature note the loss of Supreme County Justice Thurgood Marshall with profound sorrow; and be it further

resolved, That Thurgood Marshall has rightfully earned an esteemed position in American history for his life-long commitment to protect the equal rights of all; and be it further

resolved, That Justice Thurgood Marshall will forever be remembered as a man with a dream of equal justice for every citizen of America and a man who fought for his dream by upholding the ideals of the Constitution of the United States; and be it further

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ê1993 Statutes of Nevada, Page 2952 (FILE NUMBER 11, ACR 7)ê

who fought for his dream by upholding the ideals of the Constitution of the United States; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to his wife and companion of 37 years, Cecilia.

________

FILE NUMBER 12, SCR 3

Senate Concurrent Resolution No. 3–Senators Hickey, Adler, Brown, Callister, Coffin, Glomb, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 12

SENATE CONCURRENT RESOLUTION–Congratulating Police Officer Cindy Rodriquez-Carroll for being presented the Meritorious Service Award in the State of Nevada.

whereas, Cindy Rodriquez-Carroll lives and works as a police officer in a community that is racially and culturally diverse; and

whereas, Recognizing a need to become involved with the youth in her community, Police Officer Carroll developed the “Kids in Action” program which was offered for the first time during the summer of 1992; and

whereas, This program offers structured activities including classes in Tae Kwon-Do karate, arts and crafts and photography and weekly field trips; and

whereas, Police Officer Carroll worked with the Economic Opportunity Board arranging for subsidies to help lower the cost of this program making it more affordable for lower income families; and

whereas, Thanks to the dedication and hard work of Police Officer Carroll, another similar program was offered and entirely sponsored by the Las Vegas Parks and Recreation and the State Department of Agriculture; and

whereas, Police Officer Cindy Rodriquez-Carroll has continued to keep active in her community by organizing after-school soccer and football leagues which are coached by metro officers who have unselfishly volunteered their off-duty time; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend Police Officer Cindy Rodriquez-Carroll for her initiative in developing and implementing the Kids in Action program; and be it further

resolved, That Police Officer Carroll has demonstrated extraordinary concern, commitment and dedication to the youth in her community and has worked hard to be a positive influence and role model; and be it further

resolved, That Police Officer Cindy Rodriquez-Carroll is hereby congratulated for being honored by the Nevada Sheriffs and Chiefs Association on January 28, 1993, with the Meritorious Service Award in the State of Nevada; and be it further

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ê1993 Statutes of Nevada, Page 2953 (FILE NUMBER 12, SCR 3)ê

on January 28, 1993, with the Meritorious Service Award in the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Police Officer Cindy Rodriquez-Carroll.

________

FILE NUMBER 13, SCR 1

Senate Concurrent Resolution No. 1–Senators Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 13

SENATE CONCURRENT RESOLUTION–Congratulating Deputy Sheriff Matthew Putzer for being presented the Meritorious Service Award.

whereas, Matthew William Putzer was born in Racine, Wisconsin, on January 31, 1967, and moved to Mountain View, California, at an early age; and

whereas, In 1979, Matthew’s family moved to Gardnerville, Nevada, where Matthew graduated from Douglas High School in 1985; and

whereas, Matthew received an Associate of Arts Degree in Criminal Justice from Western Nevada Community College and received an appointment as a deputy sheriff with the Carson City Sheriff’s Department in July 1989; and

whereas, Deputy Sheriff Matthew Putzer has had extensive law enforcement training and has distinguished himself as a fine law enforcement officer in his service to his community; and

whereas, On September 24, 1991, Deputy Sheriff Matthew Putzer was on duty when he heard that a series of armed robberies had occurred at several 7-11 stores in Carson City; and

whereas, Deputy Sheriff Putzer wanted to notify and protect the store clerk at the remaining 7-11 store which had not been burglarized, but when he entered the store he discovered he was too late as another armed robbery was already in progress; and

whereas, Deputy Sheriff Putzer attempted to take the armed robber into custody, but when the armed robber began to retreat while reaching for his weapon, Deputy Sheriff Putzer was forced to fire his weapon in self defense, killing the armed robber; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend Deputy Sheriff Matthew Putzer for his ability to remain calm in this life-threatening situation, thereby protecting himself and the store clerk from serious harm; and be it further

resolved, That Deputy Sheriff Matthew Putzer is hereby congratulated for being presented the Meritorious Service Award on January 28, 1993, by the Nevada Sheriffs and Chiefs Association, an award which recognizes his courageous and heroic efforts; and be it further

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ê1993 Statutes of Nevada, Page 2954 (FILE NUMBER 13, SCR 1)ê

the Nevada Sheriffs and Chiefs Association, an award which recognizes his courageous and heroic efforts; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Deputy Sheriff Matthew William Putzer.

________

FILE NUMBER 14, SCR 2

Senate Concurrent Resolution No. 2–Senators Townsend, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith and Titus

FILE NUMBER 14

SENATE CONCURRENT RESOLUTION–Congratulating Deputy Sheriff Michael John Wright for being presented the Officer of the Year Award.

whereas, Michael John Wright was born in Reno, Nevada, on September 3, 1962, attended Carson High School and is currently a sophomore at Truckee Meadows Community College majoring in Criminal Justice as he works toward his Associate of Arts Degree; and

whereas, In 1989, Michael Wright became a member of the Washoe County Sheriff’s Office Reserve Program attending the 145-hour Reserve Academy on his own time and during the next 2 years, as a Reserve Officer, he donated between 60 and 100 hours each month to the Reno Patrol Division and serving his community by working during special events; and

whereas, In 1991, Michael Wright received an appointment as a Deputy Sheriff with the Washoe County Sheriff’s Department after attending and completing the 480-hour Category I Academy during which he established the record for running 1.5 miles and was selected Class Leader by his fellow classmates and instructors for the range, building search, felony car stops and field interview week; and

whereas, Deputy Sheriff Wright has excelled in all areas of law enforcement demonstrating exceptional ability and dedication working with programs that involve young people; and

whereas, This dedicated young deputy attended the Los Angeles Police Department’s Drug Abuse Resistance Education program (D.A.R.E.) during 2 weeks of his vacation at his own expense and upon completion of this course he has worked with Washoe County’s D.A.R.E. programs and projects; and

whereas, Deputy Sheriff Wright donates 6 to 20 hours monthly as an adviser for the Washoe County Sheriff’s Office Explorer Post program; and

whereas, In 1991, Deputy Sheriff Wright was the first officer on the scene when a participating aircraft in the Reno National Championship Air Races crashed and caught on fire; and

whereas, Without regard for his own personal safety, Deputy Sheriff Wright successfully assisted in rescuing the pilot from the plan while the fire department extinguished the flames; now, therefore, be it

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ê1993 Statutes of Nevada, Page 2955 (FILE NUMBER 14, SCR 2)ê

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend Washoe County Deputy Sheriff Michael John Wright for his outstanding service and contributions to the youth and other members of this state; and be it further

resolved, That Deputy Sheriff Michael John Wright is hereby congratulated for being presented the Officer of the Year Award by the Nevada Sheriffs and Chiefs Association on January 28, 1993, an award which is a symbol of the respect and admiration Deputy Sheriff Wright has earned; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Deputy Sheriff Michael John Wright.

________

FILE NUMBER 15, SCR 4

Senate Concurrent Resolution No. 4–Senator Neal

FILE NUMBER 15

SENATE CONCURRENT RESOLUTION–Commemorating African-American History Month.

whereas, African-American History Month will be celebrated in Nevada throughout the month of February; and

whereas, Although African-Americans have made significant contributions to the history of Nevada, little significant study has been accomplished in the area of western African-American history, especially in Nevada; and

whereas, Nevadans will have more of an opportunity to become aware of the African-American influence on the history of Nevada during this month than ever before; and

whereas, When the West was first settled, African-Americans, although legally free and legally citizens, were nevertheless effectively disenfranchised throughout many states and subjected to various types of discrimination and segregation, legal and extralegal, throughout most of the other states; and

whereas, History has shown that there was, however, a small African-American population in Nevada who were able to maintain an active social, religious and cultural identity, while aggressively asserting their rights to legal and educational equality, and from this population came many able community leaders; and

whereas, Historically, until the relatively recent past, there has been a deliberate neglect of the achievements and even of the existence of African-Americans in the West, although racial patterns and attitudes have played a great role in the history of Nevada and will continue to be important in our future; and

whereas, While much more should be done to acknowledge the importance of the minority races in this state, our recognition and observance of African-American History Month is a step in that direction; now, therefore, be it

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ê1993 Statutes of Nevada, Page 2956 (FILE NUMBER 15, SCR 4)ê

resolved by the senate of the state of nevada, the assembly concurring, That the month of February be celebrated throughout Nevada as African-American History Month; and be it further

resolved, That the citizens of this state join in this observance and celebration of a specific portion of American history which confers special meaning on the goal of brotherhood in American life and especially here in Nevada.

________

FILE NUMBER 16, AR 4

Assembly Resolution No. 4–Committee on Elections and Procedures

FILE NUMBER 16

ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.

resolved by the assembly of the state of nevada, That Nikki L. Maloney is elected as an additional attache of the Assembly for the 67th session of the Legislature of the State of Nevada.

________

FILE NUMBER 17, ACR 11

Assembly Concurrent Resolution No. 11–Assemblymen Regan, Dini, Schneider, Petrak, Gregory, Kenny, McGaughey, Smith, Toomin, Bache, Bennett, Augustine, Garner, Porter, Wendell Williams, Collins, Bonaventura, Segerblom, Perkins, Giunchigliani, Chowning, Myrna Williams, Scherer, Humke, Anderson, Lambert, Tiffany, Arberry, Heller, Price, Spitler, Freeman, Hettrick, Carpenter, Gibbons, Neighbors, Ernaut, Marvel, Evans, Sader, Haller and de Braga

FILE NUMBER 17

ASSEMBLY CONCURRENT RESOLUTION–Memorializing Las Vegas gaming industry pioneer Sam Boyd.

whereas, It is with sadness and regret that the members of the Nevada Legislature note the passing of Samuel Addison Boyd, a man who was a legend among the pioneers of gaming in the State of Nevada; and

whereas, Samuel Addison Boyd was born on April 23, 1910 in Enid, Oklahoma; and

whereas, As a child, he was often referred to as “Treetop” by his friends because of his propensity for climbing trees; and

whereas, During his lifetime he reached heights which few have surpassed in the gaming industry; and

whereas, Sam Boyd spent his early years working in games of chance, first at 17 as a pitchman on the Long Beach Boardwalk and later on gambling ships anchored off the California coast, managing bingo games and learning to deal 21 and operate craps tables and the roulette wheel; and

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ê1993 Statutes of Nevada, Page 2957 (FILE NUMBER 17, ACR 11)ê

whereas, On February 18, 1931, Sam married Mary Teresa Neuman of Salt Lake City after a chance meeting while she was visiting friends in California, and this marriage of devotion and commitment lasted for 56 years until Mary’s death in 1987; and

whereas, After spending 5 years in Hilo and Honolulu, Hawaii, where Sam Boyd established bingo and made friendships which lasted throughout his life, Sam, Mary and their young son, Bill, moved to Las Vegas in 1941; and

whereas, Over the next 50 years, Sam Boyd would turn a penny roulette game at the Jackpot into one of the largest gaming empires in this state; and

whereas, Sam Boyd, at the young age of 42 invested in the Sahara Hotel becoming an owner-partner and later opened the Mint Casino on Fremont Street; and

whereas, In 1962, The Boyd family bought their first casino in Henderson, Nevada, and with the renovation of the run-down club, the Eldorado Casino soon developed into a very successful casino; and

whereas, Sam Boyd pioneered the current policy of providing elaborate entertainment to bring gamblers to the area, an expense which soon realized extraordinary profits; and

whereas, Sam Boyd helped negotiate financing for the Union Plaza Hotel and Casino on Fremont Street where he continued his innovative ideas by bringing several Broadway productions to the Union Plaza which was an overwhelming success that to date has not been duplicated in any other hotel; and

whereas, In 1983, the Nevada Gaming Commission asked the Boyd Group to take over the Stardust Hotel and Casino to prevent it from closing and within 1 year the Boyd Group bought the Stardust; and

whereas, Sam Boyd’s reputation for a quick smile and an always courteous demeanor was an inspiration to others including his employees who soon became known for their exceptional cordiality to their customers; and

whereas, Sam Boyd was the first to admit that his family was a priority in his life and in 1979 Sam and his son Bill pioneered the concept of the family resort for “locals” and tourists alike with the construction of Sam’s Town on the Boulder Highway; and

whereas, In 1984, Sam Boyd founded the Boys Club of Las Vegas along with seven more similar clubs throughout Nevada and he later established the Girls Club of Henderson; and

whereas, When the University of Nevada at Las Vegas asked for contributions to operate and improve the Las Vegas Silver Bowl stadium, Sam Boyd donated $1,500,000 and in recognition of his immense generosity, the stadium was renamed the Sam Boyd Silver Bowl; and

whereas, This remarkable man helped establish Las Vegas as one of the most famous resorts in the world and Sam Boyd’s foresight of the potential of Las Vegas never wavered; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th Nevada Legislature offer their deepest condolences to Sam Boyd’s family and friends upon their loss; and be it further

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ê1993 Statutes of Nevada, Page 2958 (FILE NUMBER 17, ACR 11)ê

resolved, That Sam Boyd will remain a reminder to all persons of what courage, insight and determination can accomplish; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sam Boyd’s son William S. Boyd.

________

FILE NUMBER 18, ACR 13

Assembly Concurrent Resolution No. 13–Assemblymen Dini, Porter, Chowning, McGaughey, Marvel, Gibbons, Humke, Hettrick, Bonaventura, de Braga, Regan, Perkins, Neighbors, Carpenter, Ernaut, Smith, Myrna Williams, Kenny, Collins, Toomin, Anderson, Haller, Tiffany, Bache, Lambert, Sader, Scherer, Heller, Spitler, Bennett, Augustine, Wendell Williams, Petrak, Segerblom, Schneider, Arberry, Garner, Freeman, Gregory, Giunchigliani, Evans and Price

FILE NUMBER 18

ASSEMBLY CONCURRENT RESOLUTION–Commemorating the birthday of Abraham Lincoln.

whereas, February 12, 1993, is the birthday of Abraham Lincoln, the 16th President of the United States; and

whereas, Lincoln is a significant figure in the history of this state, Nevada having acquired statehood during his term of Presidency; and

whereas, Lincoln was a man who suffered untold hardship, deprivation, discouragement and personal criticism during his life, yet he never ceased to retain his high standard of personal integrity and achievement in the face of such adversity; and

whereas, Lincoln possessed, and was able to project and kindle in others, an incisive awareness of the equality of all men, regardless of race, religion, creed or previous condition of servitude; and

whereas, The greats works of his life, accomplished through tireless dedication, have made him unequivocally one of the finest and most equitable men to have served, or ever to serve as President of the United States; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That when this body adjourns today it does so in honor of the birthday of Abraham Lincoln.

________

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ê1993 Statutes of Nevada, Page 2959ê

FILE NUMBER 19, ACR 14

Assembly Concurrent Resolution No. 14–Assemblymen Dini, Porter, Chowning, McGaughey, Marvel, Gibbons, Hettrick, Humke, Bonaventura, de Braga, Regan, Perkins, Neighbors, Carpenter, Ernaut, Myrna Williams, Kenny, Smith, Collins, Toomin, Anderson, Haller, Tiffany, Bache, Lambert, Sader, Scherer, Heller, Spitler, Bennett, Wendell Williams, Augustine, Petrak, Segerblom, Schneider, Arberry, Garner, Freeman, Gregory, Giunchigliani, Evans and Price

FILE NUMBER 19

ASSEMBLY CONCURRENT RESOLUTION–Commemorating the birthday of George Washington, our country’s first President.

whereas, On this day, February 22, it is fitting to commemorate the birth of George Washington, mindful that George Washington’s spirit of nobility, tenacity of purpose, and inventiveness under stress embodies the purpose and ideals of this country; and

whereas, The fortitude with which George Washington met overwhelming difficulties stemmed from his faith in the cornerstones upon which this country was founded; and

whereas, Although George Washington could not have perceived the growth of this country or the impact it would have on other countries, he was determined that this country would prove it was worthy of the liberty it had gained; and

whereas, George Washington initiated the direction of America, realizing as early as 1776 that for America to become a respected and strong nation, it would have to strive to eliminate partisanship, prejudice and jealously; and

whereas, As this nation looks to the future with hope and optimism, the members of the Nevada Legislature, the residents of Nevada and the citizens of the United States should remember the accomplishments of our first President, and those who have followed in his footsteps, and never stray from the course that George Washington paved for this country 217 years ago; now therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That when this body adjourns today it do so in the memory of George Washington, who will always be considered one of the world’s great leaders.

________

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ê1993 Statutes of Nevada, Page 2960ê

FILE NUMBER 20, ACR 15

Assembly Concurrent Resolution No. 15–Committee on Elections and Procedures

FILE NUMBER 20

ASSEMBLY CONCURRENT RESOLUTION–Memorializing tennis great Arthur Ashe.

whereas, On February 6, 1993, the world suffered a grievous loss by the death of 49-year-old Arthur Ashe, world-famous tennis star for the past 30 years; and

whereas, Arthur Ashe not only gained the respect and admiration of millions of sports enthusiasts by his legendary career in tennis, but his gracious demeanor and gentle spirit endeared him to people both within and outside of the sports world; and

whereas, Arthur Ashe gained national attention in August 1963 when he was named to the United States Davis Cup team; and

whereas, Arthur Ashe was the only black man in history to win both the Wimbledon championship and the United States Open; and

whereas, After being infected with the human immunodeficiency virus from an unscreened blood transfusion during heart bypass surgery in 1983, Arthur Ashe founded the Arthur Ashe Foundation for the Defeat of AIDS and joined the boards of the Harvard AIDS Institute and the UCLA AIDS Institute; and

whereas, Arthur Ashe faced this life-threatening disease head on with dignity and courage, using his final years to combat racial injustice and advocate expanded research into the deadly AIDS virus; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the condolences of the members of this 67th session of the legislature of the State of Nevada are hereby extended to the surviving family and friends of the late Arthur Ashe; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Arthur Ashe’s spouse, Jeanie Ashe.

________

FILE NUMBER 21, AR 5

Assembly Resolution No. 5–Committee on Elections and Procedures

FILE NUMBER 21

ASSEMBLY RESOLUTION–Providing for the appointment of additional attaches.

resolved by the assembly of the state of nevada, That Dianne Laird, Rebecca Lawson and Jeanne Peyton are elected as additional attaches of the Assembly for the 67th session of the Legislature of the State of Nevada.

________

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ê1993 Statutes of Nevada, Page 2961ê

FILE NUMBER 22, SCR 9

Senate Concurrent Resolution No. 9–Committee on Legislative Affairs and Operations

FILE NUMBER 22

SENATE CONCURRENT RESOLUTION–Expressing the mutual consent of the Senate and Assembly to an adjournment from Wednesday, March 10, until Monday, March 15, 1993.

resolved by the senate of the state of nevada, the assembly concurring, That each house hereby consents to the adjournment of the other, upon the conclusion of its legislative business for Wednesday, March 10, until its normal convening hour on Monday, March 15, 1993.

________

FILE NUMBER 23, ACR 22

Assembly Concurrent Resolution No. 22–Assemblymen Dini, Myrna Williams, Ernaut, Hettrick, Heller, Carpenter, Segerblom, Neighbors, Schneider, Porter, Bennett, Wendell Williams, Augustine, Bonaventura, Giunchigliani, Gibbons, Anderson, Haller, Regan, Price, Perkins, Marvel, Garner, Gregory, Petrak, Lambert, Kenny, McGaughey, Freeman, de Braga, Scherer, Bache, Humke, Smith, Spitler, Arberry, Toomin, Evans, Chowning, Collins, Sader and Tiffany

FILE NUMBER 23

ASSEMBLY CONCURRENT RESOLUTION–Memorializing long-time Nevada resident Julia Viani.

whereas, This Legislature notes with sorrow the passing of long-time Nevada resident Julia Viani on November 14, 1992; and

whereas, Julia Adelle Baldini Viani was born in Arpiola, Massa Carrara, Italy, on December 14, 1907, and moved to America when she was 5 years old; and

whereas, Julia Viani lived for a short time in the Reno-Sparks area before moving to Yerington, Nevada, where she graduated from Yerington High School in 1927; and

whereas, After graduating from the University of Nevada in 1931, Julia Viani accepted a teaching position at Virginia City High School; and

whereas, In 1933, Julia Viani married G. Joe Viani and lived in Virginia City until 1942, when they moved to Hawthorne, Nevada, and opened Joe’s Tavern; and

whereas, Joe and Julia Viani became active in politics and when Joe was elected Nevada State Assemblyman serving from 1959 through 1971, Julia accompanied him to Carson City every session; and

whereas, Julia Viani became acquainted with all governors of the State of Nevada beginning with Fred Balzar to and including the present Governor Bob Miller; and

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ê1993 Statutes of Nevada, Page 2962 (FILE NUMBER 23, ACR 22)ê

whereas, In 1986, Julia Viani was named Ms. Senior Mineral County and was the runner-up for the state title at the pageant held in Las Vegas; and

whereas, Julia Viani was active in her community and was a member of the Older Americans, Mineral County Care and Share, Association of Retired Persons, BPO Does, Hawthorne Chamber of Commerce, Hawthorne Lioness Club, Hawthorne Lions Club, Hawthorne Museum, Our Lady of Perpetual Help Catholic Church, Walker Wassuk Arts Alliance, Italian-American Federation, The Statue of Liberty, University of Nevada Alumni Association, Virginia City Alumni Association and Yerington High School Alumni, and was a life member of the Golden Age Club; and

whereas, Julia Viani was preceded in death by her husband Joe Viani; and

whereas, Julia Viani is survived by her son, Joe, 9 grandchildren, 20 great-grandchildren and 3 great-great-grandchildren, a daughter-in-law, Hazel Viani, and a nephew, Father Don Mauro Viani of Lucca, Italy; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature extend their sincere condolences to the family and friends of a beautiful and gracious lady, Julia Adelle Baldini Viani; and be it further

resolved, That Julia Viani had a special ability to touch the hearts of her friends with her warmth and kindness, a quality that made her a special person not soon forgotten; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Julia Viani’s son, Joe Viani.

________

FILE NUMBER 24, SCR 10

Senate Concurrent Resolution No. 10–Senators Jacobsen, Adler, Brown, Callister, Coffin, Glomb, Hickey, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 24

SENATE CONCURRENT RESOLUTION–Memorializing the former Chief of the Legislative Police, Harold Beard.

whereas, The members of the Nevada Legislature note with profound sorrow, the passing of the former Chief of the Legislative Police of the Legislative Counsel Bureau, Harold Beard, on August 11, 1992; and

whereas, Harold Beard was born in Mansfield, Pennsylvania, on December 1, 1933, to George F. and Irma F. Chappell Beard and spent his youth in Dundee, New York; and

whereas, Harold married Doris Marie Turner on February 29, 1956, in Frederick, Maryland; and

whereas, Harold brought his family to Carson City in 1967 and was employed by the Department of Prisons for 11 years; and

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ê1993 Statutes of Nevada, Page 2963 (FILE NUMBER 24, SCR 10)ê

whereas, Because of his interest and knowledge in law enforcement, Harold Beard was hired as an officer with the Legislative Police in 1979 at the start of the 60th Legislative Session; and

whereas, On June 19, 1985, Harold Beard was promoted to Chief of the Legislative Police of the Legislative Counsel Bureau and continued in this capacity until his untimely death; and

whereas, Harold Beard was the regional Vice Chairman of the National Legislative Services and Security Association, which is composed of state legislative police officers; and

whereas, While serving as Chief, Harold Beard was responsible for upgrading the surveillance system at the Legislature with the installation of a video monitoring system; and

whereas, Harold also implemented a chain of command within the Legislative Police and had the national Criminal Justice On-Line Information System installed for immediate access to information on criminal activity throughout the nation; and

whereas, Harold Beard designed the distinctive arm patch which is worn by all Legislative Police; and

whereas, In 1987, Harold acquired law enforcement patches from all agencies within the State of Nevada and Legislative patches from all 50 states and the District of Columbia; and

whereas, This outstanding collection was donated to the Legislature by Harold’s wife, Doris, and it is prominently displayed at the entrance to the legislative building; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature express their heartfelt condolences to Harold’s wife Doris, their three sons, David of Carson City, Dale of Mound House and Harold, Jr., serving in the Navy in Spain, and other members of his family; and be it further

resolved, That Harold Beard’s accomplishments in improving the Legislative Police System will remain a constant reminder of his dedication and devotion to the Nevada Legislature; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Harold’s loving wife, Doris.

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ê1993 Statutes of Nevada, Page 2964ê

FILE NUMBER 25, ACR 25

Assembly Concurrent Resolution No. 25–Assemblymen Dini, Myrna Williams, Porter, Arberry, Evans, Spitler, Price, Sader, Marvel, Anderson, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Neighbors, Perkins, Petrak, Regan, Scherer, Schneider, Segerblom, Smith, Tiffany, Toomin and Wendell Williams

FILE NUMBER 25

ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late James A. Joyce, long-time journalist, legislative advocate and political consultant.

whereas, The members of the 67th session of the Nevada Legislature note with extreme sorrow the passing of their friend, Jim Joyce, one of Nevada’s folk heroes, on March 2, 1993; and

whereas, James A. Joyce was born in Denver, Colorado, on September 23, 1937; and

whereas, James A. Joyce was a graduate of Las Vegas High School and earned a bachelor’s degree in journalism from the University of Nevada; and

whereas, James A. Joyce served in the United States Army and Army Reserve and received the United States Army Commendation Medal; and

whereas, James A. Joyce was employed as press secretary and executive assistant by former Nevada Senator Howard Cannon from 1963 to 1972; and

whereas, James A. Joyce founded Joyce Advertising, Inc., and Joyce and Associates, Inc., which together comprised one of the most successful advertising, public relations and government affairs businesses in Nevada history; and

whereas, Jim Joyce, is survived by his loving son, Robin, daughter, Marilee, sister, Peggy, mother, Effie, stepson, Jeffrey Taylor, and two grandchildren, Miles and Jillian, as well as many friends and admirers; and

whereas, His love for and dedication to his family was paramount in both his thoughts and his actions; and

whereas, His life exemplified the human virtues of commitment, integrity, compassion and wit; and

whereas, For over two decades, we have sought his counsel, respected his wisdom and depended on his judgment; and

whereas, As a legislative advocate he embodied the highest competitive spirit and the relentless pursuit of his cause, but was never affected by arrogance or pretension; and

whereas, Jim Joyce was assertive but not intimidating; gentle but not weak; serous but not somber; quietly elegant but not ostentatious; and

whereas, He was bold, farsighted and tenacious, he did not simply seek the comfort or convenience of the popular cause; and

whereas, When helping to formulate public policy he did not fear controversy arising from what he believed to be a just cause; and

whereas, Jim Joyce generously gave of his resources and abilities to his community, his peers and to those less fortunate; and

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ê1993 Statutes of Nevada, Page 2965 (FILE NUMBER 25, ACR 25)ê

whereas, His efforts on behalf of higher education, most particularly the Reynolds School of Journalism of the University of Nevada, Reno, were acknowledged in 1990 when he was awarded the President’s Medal; and

whereas, Jim Joyce made a personal contribution to Nevada’s unique history and folklore by becoming a legendary character that only the imagination of Mark Twain could have truly captured; and

whereas, Jim Joyce left a legacy of public service, political acumen and personal demeanor that can never be diminished or repeated; and

whereas, We believe that Jim will now spend every day sitting in the heavenly bleachers of his beloved Fenway Park watching the Boston Red Sox win every seventh game of every World Series; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature extend their heartfelt and sincere condolences to the family and friends of James A. Joyce; and be it further

resolved, That we celebrate the life and legacy of a true Nevada gentleman; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to his son, Robin, his daughter, Marilee, his mother, Effie, his stepson, Jeffrey Taylor, his sister, Peggy, and his grandchildren, Miles and Jillian.

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FILE NUMBER 26, AJR 22

Assembly Joint Resolution No. 22–Committee on Elections and Procedures

FILE NUMBER 26

ASSEMBLY JOINT RESOLUTION–Urging Congress to reject certain legislation related to mining.

whereas, The Nevada Legislature passed Senate Joint Resolution No. 18 during the 1991 legislative session, urging Congress to reject legislation which would have repealed and reformed the general mining law as amended to the extreme disadvantage of many businesses and communities in the western states; and

whereas, The 103rd Congress has seen the reintroduction of two bills, one in the House of Representatives, H.R. 322, and one in the Senate, S. 257, which would again attempt to repeal and reform the general mining law as amended; and

whereas, H.R. 322 and S. 257 are in direct contradiction with the basic tenants of the general mining law which are essential to a viable mining industry, specifically granting freedom of access and the assurance that development and mining of mineral deposits can proceed according to all applicable laws and regulations without undue intervention; and

whereas, Both bills provide for a royalty on the gross income from mineral production of not less than 8 percent, an extreme level which would result in the closure of mines and a significant reduction in exploration for new mines; and

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ê1993 Statutes of Nevada, Page 2966 (FILE NUMBER 26, AJR 22)ê

result in the closure of mines and a significant reduction in exploration for new mines; and

whereas, In 1992, approximately 58 percent of Nevada’s total hardrock mineral production was produced on public lands and would be subject to the proposals currently being considered in Congress; and

whereas, The State of Nevada estimates, based on a survey of the producers of 98 percent of Nevada’s nation-leading production of gold and silver, that an 8 percent royalty in the gross value of production would result in the following decreases in the first year from current levels:

Percent

From To Decline

Direct Mine Employment: 8,930 7,480 16%

Production in Ounces of Gold: 6,541,000 6,091,000 7%

Mineable Reserves in Ounces: 81,961,000 72,061,000 12%

Number of Mining Claims Held: 40,362 23,856 41%

Net Proceeds of Mine Tax Paid: $26,639,000 $23,140,000 13%

Sales and Use Tax Paid: $44,617,000 $41,435,000 7%

Exploration Expenses: $88,884,000 $62,245,000 30%

Capital Expenditures: $620,064,000 $582,868,000 6%

Expenditures on Goods and Services: $1,046,351,000 $950,357,000 9%

and long-term declines are anticipated to be more severe; and

whereas, Other hardrock minerals produced in the state, including copper, lead, zinc, gypsum, barite and diatomite, together with substantial resources of tungsten, antimony, molybdenum and mercury would be similarly affected; and

whereas, Any higher royalty on the gross value of production, such as the 12.5 percent royalty proposed in the Administration’s budget, would result in even higher decreases in employment, economic activity, revenues to the State of Nevada, loss of exploration and the shortening of mine lives; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature continues its rigorous objection to the proposed reformation of the general mining law and hereby urges Congress to reject the concept of a gross value royalty which is proposed in H.R. 322 and S. 257, and work toward a reasonable compromise with the mining industry; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President 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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ê1993 Statutes of Nevada, Page 2967ê

FILE NUMBER 27, AR 6

Assembly Resolution No. 6–Committee on Elections and Procedures

FILE NUMBER 27

ASSEMBLY RESOLUTION–Amending the Standing Rules of the Assembly by adding a member to the standing committees on Judiciary and Government Affairs.

resolved by the Assembly of the state of nevada, That Rule 40 of the Standing Rules of the Assembly as adopted by the 67th sessions of the Legislature is hereby amended to read as follows:

Standing Committees.

The standing committees of the Assembly are as follows:

1. Ways and Means, thirteen members.

2. Judiciary, [fourteen] fifteen members.

3. Taxation, eleven members.

4. Education, eleven members.

5. Elections and Procedures, eleven members.

6. Natural Resources, Agriculture and Mining, eleven members.

7. Labor and Management, eleven members.

8. Transportation, nine members.

9. Commerce, thirteen members.

10 Health and Human Services, eleven members.

11. Government Affairs, [thirteen] fourteen members.

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FILE NUMBER 28, SCR 12

Senate Concurrent Resolution No. 12–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 28

SENATE CONCURRENT RESOLUTION–Commending Edward Pine for his distinguished service to the State of Nevada.

whereas, Edward L. Pine was born on March 24, 1914, in San Francisco, California; and

whereas, After moving to Nevada, Ed Pine attended Nevada’s public schools and graduated from the University of Nevada, Reno, in 1938, with degrees in mathematics and physics and a Bachelor of Science Degree in civil engineering; and

whereas, In 1942, Ed Pine received a sanitary engineer certificate from the University of Washington and in 1956 he received a Professional Degree as Civil Engineer from the University of Nevada, Reno; and

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ê1993 Statutes of Nevada, Page 2968 (FILE NUMBER 28, SCR 12)ê

whereas, Ed Pine was awarded a Honorary Doctor of Engineering Degree by the University of Nevada at Reno in 1975; and

whereas, For 54 years, Ed Pine has served his community, state and country with distinction in different capacities beginning in 1938 as a Civil Engineer for Sierra Pacific Power Company in Reno, Assistant Engineer for the City of Reno, Engineer for Isbell Construction Company and Sierra Machinery Company, Manager of the Nevada Chapter of Associated General Contractors in Reno, Secretary of the State Contractors Board for the State of Nevada, State Highway Engineer, President of Isbell Construction Company, Director and Business Manager of Physical Plant of the University of Nevada, Reno, and Vice President of Business at the University of Nevada, Reno; and

whereas, Ed Pine’s pride in his community has been expressed through his membership in numerous civic and state organizations as a member of the YMCA for 23 years and President in 1958, Director of the Reno Chamber of Commerce for 5 years, member of the Washoe County Board of School Trustees for 20 years and President in 1958, 1961, 1968 and 1973, Director of the Carson-Truckee Water Conservancy District since 1957, member of the Nevada State Board of Registered Professional Engineers and Land Surveyors since 1959, and chairman from 1966 to 1981, Contact Member of the Student Chapter of the American Society of Civil Engineers with the University of Nevada, Reno, member since 1971 of the Nevada Commission of the California-Nevada Interstate Compact Commission, Director of Security National Bank for 33 years, Commander of the Military Order of World Wars, President of the Nevada School Trustees Association, member of the Legislative Committee representing the National School Boards Association, and member since 1959 of the National Council of Engineering Examiners including serving as Western Zone Vice President and President; and

whereas, From 1950 to 1973, Ed Pine served all Masonic bodies in Nevada as presiding officer, and he also served as Grand Master of the Masons in Nevada in 1966, and in 1969 he was awarded the Honorary 33 Degree and presently he serves as Sovereign; and

whereas, Ed Pine has served on the Board of Governors of three Shrine hospitals for crippled children; and

whereas, Ed Pine received a distinguished alumnus award for distinguished service, loyalty and devotion to the ideals of engineering from the University of Nevada, Reno, Engineering Alumni Association; and

whereas, Because of Ed Pine’s dedication and extraordinary willingness to volunteer his time as a member of the Washoe County Board of School Trustees, the Edward L. Pine Middle School was named in his honor; 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 heartfelt appreciation to Edward L. Pine for his lifetime of contributions and dedicated service to his community and the State of Nevada; and be it further

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ê1993 Statutes of Nevada, Page 2969 (FILE NUMBER 28, SCR 12)ê

resolved, That Edward L. Pine is hereby commended for his years of participation in the various service organizations and clubs and for his devotion to his profession which has benefited by his knowledge and engineering achievements; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Edward L. Pine.

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Assembly Joint Resolution No. 21 of the 66th Session–Committee on Judiciary

FILE NUMBER 29

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

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 appointed 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:

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ê1993 Statutes of Nevada, Page 2970 (FILE NUMBER 29, AJR 21 of the 66th Session)ê

(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.

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 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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ê1993 Statutes of Nevada, Page 2971ê

FILE NUMBER 30, ACR 24

Assembly Concurrent Resolution No. 24–Committee on Elections and Procedures

FILE NUMBER 30

ASSEMBLY CONCURRENT RESOLUTION–Commending the Clark County Housing Authority on its 50th anniversary.

whereas, The Clark County Housing Authority was created on March 26, 1943, and was initially given the responsibility of managing and maintaining three housing developments which provided housing for war personnel; and

whereas, Today the Authority’s goal is to provide safe, decent, sanitary and affordable rental housing for lower-income senior citizens and families; and

whereas, The Authority fills a gap for the low-income families by providing affordable housing which cannot be provided in the private sector; and

whereas, The Clark County Housing Authority provides housing assistance to approximately 3,000 lower-income families in Clark County and the cities of Henderson, Boulder City and Mesquite; and

whereas, The Authority owns and operates 124 apartments and a 107-space mobile home park for senior citizens, and will soon manage another senior mobile home park currently being developed by the Las Vegas JAYCEE’s which will contain more than 400 mobile home spaces; and

whereas, Ten housing developments in Clark County and Henderson provide homes for 205 elderly persons and 594 other families; and

whereas, A total of 1,508 families are assisted with rental payments in privately owned housing in all areas served by the Authority; and

whereas, Another 160 families live in Section 8 moderate-rehabilitation units, 120 in Section 8 new construction and 40 are served under the Section 202 program for the elderly; and

whereas, Recently the Authority purchased 129 units of 5-year-old housing from the Resolution Trust Corporation; and

whereas, In Laughlin, the Authority is developing 100 units of family public housing and acquiring another 50 single-family homes at various sites in the Las Vegas Valley; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature hereby commend the Clark County Housing Authority on its 50th year of continuous service to the residents of Clark County; and be it further

resolved, That the Clark County Housing Authority is to be congratulated for their dedication and perseverance as they continue to help people in need of housing; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Clark County Housing Authority.

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ê1993 Statutes of Nevada, Page 2972ê

FILE NUMBER 31, ACR 27

Assembly Concurrent Resolution No. 27–Assemblymen Giunchigliani, Evans, Kenny, Anderson, Myrna Williams, Scherer, Chowning, Tiffany, Bache, Haller, McGaughey, Segerblom, Hettrick, Wendell Williams, Augustine, Bonaventura, Heller, Neighbors, Petrak, Arberry, Garner, Lambert, Carpenter, Gibbons, Regan, Bennett, Gregory, Ernaut, Collins, Spitler, Porter, de Braga, Price, Perkins, Marvel, Sader, Freeman, Schneider, Smith, Humke and Dini

FILE NUMBER 31

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 30,000; and

whereas, This year 250 delegates from the Nevada Parent-Teacher Association will be participating in a state convention to be held March 26th through March 29th in Reno; and

whereas, This convention will include several seminars relating to education plus a visit to the Legislature on March 29; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th 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 the members of the Nevada Legislature welcome this opportunity to speak with Nevada’s delegates during their visit to the Legislature; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lyn Bennett, President of the Nevada Parent-Teacher Association.

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ê1993 Statutes of Nevada, Page 2973ê

FILE NUMBER 32, ACR 30

Assembly Concurrent Resolution No. 30–Assemblymen Dini, Anderson, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Price, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 32

ASSEMBLY CONCURRENT RESOLUTION–Designating March 19 and 20, 1993, 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 40,000 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, many 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 19 and 20, 1993, are hereby designated as Nevada 4-H State Capital Days; and be it further

resolved, That the 4-H clubs of Nevada and those members who are present today 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.

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ê1993 Statutes of Nevada, Page 2974ê

Senate Joint Resolution No. 7 of the 66th Session–Senators Adler, Vergiels, Coffin, Cook, Getto, Glomb, Raggio, Smith, Titus and Townsend

FILE NUMBER 33

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. 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.

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FILE NUMBER 34, AJR 10

Assembly Joint Resolution No. 10–Assemblymen Dini and Hettrick

FILE NUMBER 34

ASSEMBLY JOINT RESOLUTION–Memorializing the State of California to recognize irrigation districts of this state as governmental entities with similar rights and privileges to its own.

whereas, The Walker River Irrigation District, existing as a governmental entity pursuant to chapter 539 of Nevada Revised Statutes, is governed by an elected board and enjoys among other powers the power to impose taxes ad valorem and among other privileges the immunity of its property from such taxes and limited liability in tort on the same footing as political subdivisions of this state which have general governmental powers; and

whereas, This irrigation district owns the Bridgeport Reservoir located wholly in California and the Topaz Reservoir located partly in California and partly in Nevada, both constructed in the early 1920’s for the public purpose of storing water for irrigation; and

whereas, Each reservoir is heavily used for recreation upon its waters; and

whereas, This use by the people of both California and Nevada gives rise to the possibility, and at present the reality, of litigation in tort for accidental injury; and

whereas, The financial burden of this litigation has a substantial adverse effect upon the ability of the district to perform its public purpose; now, therefore, be it

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ê1993 Statutes of Nevada, Page 2975 (FILE NUMBER 34, AJR 10)ê

resolved by the assembly and senate of the state of nevada, jointly, That this Legislature requests the Legislature of the State of California to recognize the Walker River Irrigation District and other irrigation districts of this state as governmental entities on the same footing as those of the State of California, specifically for the purpose of the Fish and Game Code, the limited liability of landowners to recreational users (section 846 of the Civil Code), and the liability of governmental entities in tort (sections 815 to 818.8, inclusive, of the Government Code); and be it further

resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the presiding officer of each house of the Legislature of the State of California; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 35, AJR 5

Assembly Joint Resolution No. 5–Committee on Government Affairs

FILE NUMBER 35

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

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 the 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 each member of the Nevada Congressional Delegation; and be it further

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ê1993 Statutes of Nevada, Page 2976 (FILE NUMBER 35, AJR 5)ê

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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FILE NUMBER 36, SCR 7

Senate Concurrent Resolution No. 7–Committee on Transportation

FILE NUMBER 36

SENATE CONCURRENT RESOLUTION–Directing the Department of Transportation to perform certain functions relating to alternative methods of transportation for the Lake Tahoe Basin.

whereas, Streets and highways occupy approximately 40 percent of the total ground covered in the Lake Tahoe Basin; and

whereas, Runoff from streets and highways contributes to the degradation of the supply of water in the Lake Tahoe Basin; and

whereas, Emissions from motor vehicles contribute to the degradation of the quality of air in the Lake Tahoe Basin; and

whereas, The State of California has approved funding for studies of feasibility and acquisition of property relating to the construction of a light-rail system in the Lake Tahoe Basin; and

whereas, The Nevada Legislature approves the study of the feasibility of constructing a light-rail system in the Lake Tahoe Basin and other analyses of the feasibility of increasing mass transit activities in that region; and

whereas, The Tahoe Regional Planning Agency has adopted an integrated plan for transportation and the management of air quality for this area, but lacks the funding to carry out the plan; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Department of Transportation is hereby directed to:

1. Coordinate with the State of California in studying the feasibility of constructing a light-rail system and increasing mass transit activities in the Lake Tahoe Basin;

2. Assist the Tahoe Regional Planning Agency in identifying sources of funding and securing money for studying alternative methods of transportation in the Lake Tahoe Basin; and

3. Allocate as many of its resources as is reasonably possible to improve mass transit activities in the Lake Tahoe Basin and carry out a program of transportation in that area that emphasizes the protection of the environment; and be it further

resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the Director of the Department of Transportation.

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ê1993 Statutes of Nevada, Page 2977ê

FILE NUMBER 37, ACR 3

Assembly Concurrent Resolution No. 3–Committee on Government Affairs

FILE NUMBER 37

ASSEMBLY CONCURRENT RESOLUTION–Urging the Tahoe Regional Planning Agency to continue to increase its efforts to simplify its code of ordinances and its procedures for planning, reviewing and approving development projects.

whereas, The Tahoe Regional Planning Compact established the Tahoe Regional Planning Agency to adopt and enforce a regional plan and to provide opportunities for orderly growth and development in the Lake Tahoe Basin; and

whereas, The Tahoe Regional Planning Agency has adopted a code of ordinances which specifies the procedures and regulations governing proposals for development in the Lake Tahoe Basin; and

whereas, The code of ordinances is voluminous and unduly complicated; and

whereas, The Tahoe Regional Planning Agency has initiated efforts to simplify its code of ordinances, but the requirements remain voluminous and complicated; and

whereas, The Tahoe Regional Planning Agency has initiated efforts to simplify its procedures for planning, reviewing and approving development projects by entering into numerous memoranda of understanding which:

1. Delegate specified responsibilities to local governments for the review of development projects proposed for the Lake Tahoe Basin;

2. Allow local governments in the Lake Tahoe Basin to perform routine maintenance and repairs without being required to obtain the approval of the Tahoe Regional Planning Agency; and

3. Provide for greater coordination between local, state and federal agencies interested in carrying out plans and enforcing regulations in the Lake Tahoe Basin;

now therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Tahoe Regional Planning Agency is hereby urged to continue to increase its efforts to simplify its code of ordinances and its procedures for planning, reviewing and approving development projects in the Lake Tahoe Basin through such mechanisms as the increased utilization of memoranda of understanding with other local, state, regional and federal agencies; and be it further

resolved, That the Tahoe Regional Planning Agency is hereby urged to report its progress in these areas to the regular sessions 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 governing board of the Tahoe Regional Planning Agency; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 2978ê

FILE NUMBER 38, ACR 32

Assembly Concurrent Resolution No. 32–Assemblymen Dini, Price, Anderson, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 38

ASSEMBLY CONCURRENT RESOLUTION–Commending Dorothy B. North for her public service.

whereas, Dorothy B. North moved to Elko, Nevada, in 1977; and

whereas, Dorothy North has devoted endless hours of her own time serving on state committees involved in preventing alcohol and drug abuse, including serving as Chairman of both the Nevada State Substance Abuse Certification Advisory Board and the Nevada Commission on Substance Abuse Education, Prevention, Enforcement and Treatment; and

whereas, Dorothy North is also a member of the Nevada Uniform Crime Reporting Advisory Committee; and

whereas, Dorothy founded and serves as the Chief Executive Officer of the Vitality Center, a comprehensive chemical dependency treatment facility in Elko, Nevada, and is also the President and co-owner of Evergreen Management Consultants located in Elko; and

whereas, For the past 12 years, Dorothy North has been a lobbyist for issues relating to alcohol and drug abuse in the Nevada Legislature; and

whereas, This year Citizen Outreach, a newly formed nonprofit educational corporation, has created a new program called Capitol Focus; and

whereas, Each legislative session beginning this year, a panel of members from this corporation will select a Nevadan who has made an outstanding contribution to this state and honor them with the “Capitol Focus Award”; and

whereas, Dorothy B. North has been selected as the first recipient of this award in recognition of her relentless work combating one of this nation’s most serious problems, alcohol and drug abuse; 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 Dorothy B. North upon receiving the well-deserved “1993 Capitol Focus Award” and commend her for her dedication to helping others in the fight against alcohol and drug abuse; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Dorothy B. North.

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ê1993 Statutes of Nevada, Page 2979ê

FILE NUMBER 39, SCR 18

Senate Concurrent Resolution No. 18–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 39

SENATE CONCURRENT RESOLUTION–Memorializing Nevada educator, inventor and philanthropist, Count Alessandro Dandini.

whereas, The members of the 67th session of the Nevada Legislature note with profound sorrow the passing of Count Alessandro Dandini on November 23, 1991; and

whereas, Count Dandini was born on June 19, 1899, in Mexico and spent his early years living at the Italian Embassy in Mexico and in Cesena, Italy, where his family owned land; and

whereas, Count Dandini earned a degree in science and engineering in Grenoble, France, a doctorate in hydraulic engineering in Torino, Italy, a degree in classics in Quebec, Canada, and an honorary doctorate from the University of Nevada, Reno, in 1976; and

whereas, Count Dandini served in the French and Italian armies, but in 1926 he was exiled from Italy by Benito Mussolini for refusing to pledge his allegiance to the dictator; and

whereas, Count Dandini moved to Argentina as a hydraulic engineer, then to Tampico, Mexico, where he designed public water systems and a device designed to redistribute the water power generated by rivers to ranchers and farmers; and

whereas, Count Dandini later moved to San Francisco and designed a triangular brick that deflected the glare of the sun, and by 1937 he had built three large plants for production of these bricks; and

whereas, In 1945, Count Dandini moved to Reno and joined the faculty at the University of Nevada, teaching engineering and foreign languages; and

whereas, Count Dandini was appointed university marshal in 1958, acting as host to distinguished visitors for the next 29 years; and

whereas, Count Dandini had 22 patented inventions, including the invention of the three-way light bulb and various marine vessels; and

whereas, Count Dandini was instrumental in procuring the land on which the Desert Research Institute and Truckee Meadows Community College were built; and

whereas, Count Dandini and his wife Angela helped develop the Angela Dandini Garden located between the Truckee Meadows Community College and the Desert Research Institute; and

whereas, Count Dandini addressed the seventh national conference of the United States National Commission for UNESCO in 1959; and

whereas, Count Alessandro Dandini was honored throughout his life, receiving medals and awards from several countries, including being selected as Nevada Inventor of the Year in 1980 and Italian Man of the Year in Nevada in 1989; now, therefore, be it

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ê1993 Statutes of Nevada, Page 2980 (FILE NUMBER 39, SCR 18)ê

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 Count Dandini’s widow Countess Angela Dandini; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Countess Angela Dandini.

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FILE NUMBER 40, AJR 24

Assembly Joint Resolution No. 24–Committee on Transportation

FILE NUMBER 40

ASSEMBLY JOINT RESOLUTION–Urging Congress to allow each state to determine whether to impose sanctions upon the driving privilege of a drug offender.

whereas, Congress has enacted a law which requires states to provide for the revocation or suspension of the driver’s license of a person who has been convicted of any drug-related offense as described in 23 U.S.C. § 159; and

whereas, Congress has imposed sanctions upon several states that have not enacted similarly required state legislation by withholding apportioned federal aid highway funds in an attempt to strengthen and encourage state efforts in preventing drug abuse through penalizing drug offenders; and

whereas, Although drug abuse remains a paramount problem and a national priority, the imposition of federal highway fund sanctions upon states does not appropriately address the problem; and

whereas, Federal law provides that a state may avoid the loss of federal highway funds if the legislature adopts a resolution expressing opposition to such legislation and the Governor conveys his disapproval through a written certification; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the 67th session of the Nevada Legislature is opposed to legislation which would require the revocation or suspension of a person’s driver’s license upon conviction of any drug-related offense as described in 23 U.S.C. § 159; and be it further

resolved, That upon his approval of this resolution, the Governor shall submit to the Secretary of the United States Department of Transportation a written certification that he is opposed to the enactment or enforcement of a law requiring the revocation or suspension of a person’s driver’s license upon conviction of a drug-related offense, and a written certification that the Legislature has adopted this resolution; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 2981ê

FILE NUMBER 41, ACR 10

Assembly Concurrent Resolution No. 10–Committee on Health and Human Services

FILE NUMBER 41

ASSEMBLY CONCURRENT RESOLUTION–Designating October as Nevada Child Health Care Month.

whereas, Health problems suffered by children can adversely affect their cognitive functioning, their performance in school, their educational achievement and ultimately their productivity as adults; and

whereas, The health problems of children, if not addressed through early and regular preventative care, can become chronic and debilitating into adulthood; and

whereas, Programs for preventative health care, such as the Early Periodic Screening, Diagnosis and Treatment program, have proven to be of significant benefit in reducing the costs of health care for children who participate in such programs; and

whereas, Rates of teenage pregnancies and suicides in Nevada are consistently among the highest in the nation, emphasizing the need for improved health care for children in this state; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the month of October is hereby designated as “Nevada Child Health Care Month”; and be it further

resolved, That educators, physicians, social workers and health insurers within the State of Nevada are hereby urged to observe the month by reminding children and their parents of the importance of preventative health care and by providing information concerning all locally available programs, providers and facilities that provide such care; and be it further

resolved, That the Health Division of the Department of Human Resources, in cooperation with the Division of Child and Family Services of the Department of Human Resources and the Department of Education, shall provide such technical assistance as may be necessary to assist in the dissemination of this information; and be it further

resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the director of the Department of Human Resources and the Superintendent of Public Instruction.

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ê1993 Statutes of Nevada, Page 2982ê

FILE NUMBER 42, SCR 19

Senate Concurrent Resolution No. 19–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 42

SENATE CONCURRENT RESOLUTION–Memorializing the late Procter R. Hug, former state senator and distinguished educator.

whereas, The people of the State of Nevada suffered an irreparable loss with the passing of Procter R. Hug on September 19, 1991; and

whereas, Procter R. Hug was born in Elgin, Oregon, on October 25, 1902; and

whereas, Procter Hug’s family moved to Tonopah at an early age and it was there that his solid upbringing and enriching educational experiences began to instill within him a dedication toward learning and the educational process; and

whereas, After graduation from Tonopah High School, Procter Hub continued his education at the University of Nevada, Reno, where he was an outstanding athlete in football, basketball and track; and

whereas, While attending the University of Nevada, Reno, Procter Hug became President of the Block N Society, President of the University Student Body and President of the Alpha Tau Omega Fraternity; and

whereas, Procter Hug began his 39 years of service as an educator in 1927 as a teacher and athletic coach at Sparks High School, later became Principal of Sparks High School, Superintendent of the Sparks City Schools, Assistant Superintendent of the Washoe County Schools and finally Superintendent of the Washoe County Schools from 1959 until his retirement in 1966; and

whereas, Numerous honors and commendations were bestowed upon Procter R. Hug during his years of service to the people of this state, but one of which he was extremely proud was when Procter Hug High School was named after him; and

whereas, After retirement from the school system, Procter Hug served two terms in the Nevada State Senate, easily defeating his challenger while using only $250 of his own money for the campaign; and

whereas, He later was Chairman of the committee to design and sell bonds for the Washoe County Senior Center and Chairman of the committee to raise funds and construct a swimming pool in Northeast Reno, a member of the Board of Trustees of the Senior Center and of the Board of Elderport; and

whereas, Procter Hug was President of the Nevada State Education Association, President of the Nevada State Superintendent’s Association and a member of the Masonic Lodge, the Scottish Rite and Kerak Shrine Temple; and

whereas, Procter Hug’s greatest joy and pride came from the close bond he shared with his family which includes his loving and faithful wife and companion of 62 years, Margaret, children Procter Hug, Jr., Beverly Sue Sharp, Tricia Durham, grandchildren Cheryl English, Procter Hug, III, Melissa Sewell, Margaret Decker, Elyse Pasha, Todd Durham, Matthew Sharp and Timothy Durham, and great-grandchildren Christopher, Ashley and Alysha English, Procter Hug, IV, Julianne Hug, Timothy and Alexandra Sewell; now, therefore, be it

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ê1993 Statutes of Nevada, Page 2983 (FILE NUMBER 42, SCR 19)ê

Melissa Sewell, Margaret Decker, Elyse Pasha, Todd Durham, Matthew Sharp and Timothy Durham, and great-grandchildren Christopher, Ashley and Alysha English, Procter Hug, IV, Julianne Hug, Timothy and Alexandra Sewell; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That Procter R. Hug will forever be remembered with highest regard by residents of this state and the many pupils who benefited from his dedication and commitment to education; and be it further

resolved, That members of this body express their deepest sympathies and extend their sincere condolences to Procter Hug’s beloved wife Margaret and family; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Margaret Hug, Procter Hug, Jr., Beverly Sue Sharp and Tricia Durham.

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FILE NUMBER 43, SCR 20

Senate Concurrent Resolution No. 20–Senators Rhoads, McGinness and Jacobsen

FILE NUMBER 43

SENATE CONCURRENT RESOLUTION–Designating May 10 through May 16, 1993, as Public Lands Week.

whereas, Nevada recognizes the many contributions that federal public lands, whose magnificence and vastness comprise more than 86 percent of the entire state, have made to the heritage and well-being of the residents of Nevada; and

whereas, These public lands are an immensely valuable asset not only to the nation but to Nevada as well, contributing a vast spectrum of wealth to our state which benefits all residents; and

whereas, Nevada recognizes the abundance of economic, recreational and social advantages that its residents enjoy because of the very presence of these public lands; and

whereas, These public lands have particularly contributed to Nevada’s economy in its livestock, mining, timber, oil and gas, and recreational industries; and

whereas, Nevada acknowledges the nation’s need to sustain the many uses of federally owned public land while requiring a balance between those activities and the conservation of this invaluable natural resource; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That members of the Nevada Legislature hereby designate May 10 through May 16, 1993, as Public Lands Week in Nevada in recognition of the many benefits Nevada residents derive from the use and enjoyment of this federally owned public land.

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ê1993 Statutes of Nevada, Page 2984 (FILE NUMBER 43, SCR 20)ê

through May 16, 1993, as Public Lands Week in Nevada in recognition of the many benefits Nevada residents derive from the use and enjoyment of this federally owned public land.

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FILE NUMBER 44, ACR 34

Assembly Concurrent Resolution No. 34–Committee on Elections and Procedures

FILE NUMBER 44

ASSEMBLY CONCURRENT RESOLUTION–Memorializing long-time Nevada resident Willie Albert Neal.

whereas, This legislative body notes with sorrow and regret the passing of Willie Albert Neal on March 6, 1993; and

whereas, Willie Albert Neal was born on July 9, 1933, to Joseph and Josephine Neal in McGee, Arkansas; and

whereas, Willie Neal received his early education at Shaddy Grove Missionary Baptist Church and Thomastown High School in Mounds, Louisiana; and

whereas, While serving 2 years in the U.S. Army, Willie was awarded a Specialist in Trucking; and

whereas, After moving to Las Vegas in 1952, Willie worked for several companies, including the Jockey Club, Desert Inn Hotel, Thunderbird Hotel, Wells Fargo, Sproul Homes and the Moulin Rouge; and

whereas, In 1982, while working for the Nevada Test Site as a truck driver, Willie founded Can Do Construction, Inc., and pursued his dream of owning his own company; and

whereas, On January 31, 1987, Willie Neal was baptized as a member of the Las Vegas 3rd Ward, Church of Jesus Christ of Latter-day Saints and was ordained an Elder on October 11, 1987; and

whereas, Willie Neal also served as a Stake Missionary and Home Teacher; and

whereas, Willie Neal was a member of the Elks Paran Lodge 1508 for over 30 years; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Legislature of the State of Nevada extend their heartfelt sympathy to their highly respected colleague, Senator Joseph M. Neal, Jr., brother of Willie Neal and to Willie’s wife, Lois, daughter, Terri, other four brothers, Jerry, Charles, Celester and Tommy, all of Las Vegas, his two Aunts, Mary Willis of Pine Bluff, Arkansas, and Effie Holmes of New London, Connecticut, grandson, Kenton Ray Graves, II, two step-grandsons, Dion and Terence Williams and his many relatives and friends who will miss the gentleness, energy and kindness of Willie Albert Neal; and be it further

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ê1993 Statutes of Nevada, Page 2985 (FILE NUMBER 44, ACR 34)ê

relatives and friends who will miss the gentleness, energy and kindness of Willie Albert Neal; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Willie’s loving wife, Lois, and his daughter, Terri.

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FILE NUMBER 45, SCR 21

Senate Concurrent Resolution No. 21–Senators McGinness, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 45

SENATE CONCURRENT RESOLUTION–Designating April 1, 1993, 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 real property in Nevada; and

whereas, On April 1, 1993, REALTORS^® from throughout Nevada will come to Carson City to meet members of this Legislature; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That April 1, 1993, is hereby designated as Nevada REALTORS^® Day; and be it further

resolved, That the members of the 67th session of the Nevada Legislature do hereby commend the REALTORS^® of Nevada for their encouragement and support of the free enterprise system as they continue to promote ownership of real property by Nevada’s residents; and be it further

resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to the Nevada Association of REALTORS^®.

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ê1993 Statutes of Nevada, Page 2986ê

FILE NUMBER 46, SJR 8

Senate Joint Resolution No. 8–Committee on Transportation

FILE NUMBER 46

SENATE JOINT RESOLUTION–Expressing support for the designation of the Tahoe Regional Planning Agency as a Metropolitan Planning Organization in accordance with the Intermodal Surface Transportation Efficiency Act of 1991.

whereas, The Federal Government passed the Intermodal Surface Transportation Efficiency Act of 1991; and

whereas, That Act and Title 49 of the United States Code provide money for the provision of public transportation systems and other transportation projects for areas which are designated as Metropolitan Planning Organizations; and

whereas, To qualify for such a designation, the Federal Act requires that the Governor of this state and at least 75 percent of the local governments in the particular area agree to the designation of the area as a Metropolitan Planning Organization; and

whereas, the Governor, Department of Transportation of this state, Douglas County Board of County Commissioners, Washoe County Board of County Commissioners, Carson City Board of Supervisors, Tahoe Transportation District and Tahoe Regional Planning Agency have worked diligently to attain the required agreement to designate the Tahoe Regional Planning Agency as a Metropolitan Planning Organization; 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 designation of the Tahoe Regional Planning Agency as a Metropolitan Planning Organization in accordance with the Intermodal Surface Transportation Efficiency Act of 1991; and be it further

resolved, That copies of this resolution be prepared and transmitted by the Secretary of the Senate to the Governor, Department of Transportation of this state, Douglas County Board of County Commissioners, Washoe County Board of County Commissioners, Carson City Board of Supervisors, Tahoe Transportation District and the Tahoe Regional Planning Agency; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 2987ê

Assembly Joint Resolution No. 22 of the 66th Session–Committee on Judiciary

FILE NUMBER 47

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:

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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FILE NUMBER 48, SCR 22

Senate Concurrent Resolution No. 22–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 48

SENATE CONCURRENT RESOLUTION–Memorializing the former Mayor of the City of Reno, Barbara Jean Bennett.

whereas, This legislative body notes with profound sorrow the passing of devoted wife and mother and dedicated community leader, Barbara Jean Bennett; and

whereas, Barbara Jean Peters was born on July 25, 1923, in Oakland, California; and

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ê1993 Statutes of Nevada, Page 2988 (FILE NUMBER 48, SCR 22)ê

whereas, After the death of her mother at an early age, she worked her way through high school, graduating in 1941; and

whereas, During World War II, Barbara worked as a riveter at various defense plants in the Bay area and following the war, married John Bennett; and

whereas, In 1964, along with their three children, John and Barbara relocated to the City of Reno; and

whereas, Barbara Bennett was deeply committed to the belief that there should be honesty and integrity in politics; and

whereas, She encouraged women to become involved in the political process and, working with Maya Miller, Mary Frazzini and Nancy Gomes, she helped organize the Nevada Women’s Political Caucus; and

whereas, In 1979, Barbara Bennett became the City of Reno’s first female Mayor, and by running a campaign which stressed her strong belief in controlled growth, she easily defeated her opponent; and

whereas, One of Barbara Bennett’s most noteworthy achievements while serving as Mayor was to secure passage of an exemplary ethics ordinance for the City of Reno which required politicians to report all campaign contributions, and after her term as Mayor she served on the state Ethics Commission; and

whereas, Barbara Bennett volunteered with the Race Relations Center to promote fair housing and, as Mayor, she appointed members of racial minorities to positions in government and encouraged the City of Reno to practice affirmative action; and

whereas, After 3 1/2 years as the Mayor of the City of Reno, Barbara’s husband, John, became ill and, to provide better for her family financially, she accepted an appointment by Governor Richard Bryan as deputy administrator of the Youth Services Division; and

whereas, Barbara Bennett served on the national governing board of Common Cause, was a delegate to the Women’s Political Convention in 1973, served 2 years on the Reno Commission on the Status of Women, was the Chairman of the Washoe County Democratic platform committee and a precinct captain, was a member of the greater Nevada Health Services planning development committee as well as a Girl and Boy Scout leader and was an active member of the PTA; and

whereas, Barbara Bennett received national recognition for her public service, honesty and integrity when Common Cause selected her as one of the 10 top politicians in the nation and awarded her its Public Service Achievement Award; now, therefore, be it

resolved by the Senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature extend their heartfelt sympathy to Barbara Jean Bennett’s many friends and to her son, John Bennett, and daughters, Linda Bennett and Sherry Gordon, all of Reno, and her five grandchildren and two great-grandchildren; and be it further

resolved, That Barbara Bennett will be remembered with the highest regard by her friends and colleagues for her honest public service which set a precedent for others to follow; and be it further

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ê1993 Statutes of Nevada, Page 2989 (FILE NUMBER 48, SCR 22)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Barbara Bennett’s children, John Bennett, Linda Bennett and Sherry Gordon.

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FILE NUMBER 49, SCR 23

Senate Concurrent Resolution No. 23–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 49

SENATE CONCURRENT RESOLUTION–Memorializing Jeanne Stevenson Thornton, long-time Nevada native.

whereas, The members of the 67th session of the Nevada Legislature note with sorrow the passing of Jeanne Stevenson Thornton on May 23, 1989; and

whereas, Jeanne Stevenson was born in Verdi, Nevada, on July 25, 1909, to the family of William and Myrtle Holcomb Stevenson, a pioneer Truckee Meadows family; and

whereas, Jeanne Stevenson married Clarence Thornton on May 24, 1928, a union which lasted 61 years; and

whereas, Jeanne Thornton served as State Regent for the Nevada Society of Daughters of the American Revolution; and

whereas, She was active and served as president in several organizations including the Babcock Kindergarten Mother’s Club, Mary S. Doten School Mother’s Club, Sigma Nu Mother’s Club, Reno United Parent Teacher Association, John C. Fremont Chapter Daughters of the American Revolution and Nevada State Button Society; and

whereas, Jeanne Thornton was the Senior State President of the Children of the American Revolution and the organizing President of the Thomas Holcomb Chapter National Colonial Dames of the 17th Century; and

whereas, Jeanne Thornton was also active in and a member of the Adah Chapter 4, Order of the Eastern Star, American Legion Auxiliary Unit 1-Darrel Dunkle Post, National Society of Daughters of American Revolution, Reno Republican Club, National Society of Daughters of American Colonists and Past Mother Adviser of the Reno Assembly Order of Rainbow for Girls; 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 late Jeanne Stevenson Thornton; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the loving children of Jeanne Thornton, William Thornton and Joyce McCarty.

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ê1993 Statutes of Nevada, Page 2990ê

FILE NUMBER 50, SCR 24

Senate Concurrent Resolution No. 24–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 50

SENATE CONCURRENT RESOLUTION–Memorializing former Reno City Councilman and western Nevada agricultural pioneer, Clarence Thornton.

whereas, The members of the 67th session of the Nevada Legislature note with sorrow the passing of Clarence Joyce Thornton on December 22, 1991; and

whereas, Clarence Joyce Thornton was born on March 12, 1898, in San Francisco, and moved to Nevada in 1915; and

whereas, Clarence Thornton served 1 year in the Army during World War I and, after enrolling in the University of Nevada in 1919, he graduated with a bachelor’s degree in agriculture in 1926; and

whereas, Clarence Thornton married Jeanne Stevenson in 1928, a union which lasted 61 years until Jeanne’s passing in 1989; and

whereas, During the years 1929 until 1947, the Nevada State Fair was held in Fallon under the management of Clarence Thornton; and

whereas, In 1953 the Washoe County Agricultural and Industrial Fair opened in Reno and Clarence Thornton was in charge until 1969, the year after it was renamed the Nevada State Fair; and

whereas, Clarence Thornton was concerned with the conservation of Nevada’s resources and, after he became a Washoe County agricultural extension agent, he helped organize the Washoe County Water Conservation District, an agency that was responsible for the construction of Boca Dam, the Truckee River’s first upstream storage reservoir; and

whereas, Clarence Thornton represented northeast Reno for two 4-year terms on the Reno City Council beginning in 1963; and

whereas, Clarence Thornton ran the Western Hatchery, a poultry business in Reno for 23 years; and

whereas, Clarence Thornton was honored by the College of Agriculture in 1978 by receiving its distinguished alumnus award and by the University of Nevada when he was selected as Reno’s Distinguished Nevadan in 1982; and

whereas, Clarence Thornton is survived by his son William Thornton and daughter Joyce McCarty, both of Reno, five grandchildren and six great-grandchildren; 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 late Clarence J. Thornton; and be it further

resolved, That residents of the State of Nevada will forever be indebted to Clarence Thornton for his concern and insight in the preservation of the natural resources of this state and for the years he spent in the organization and development of the Nevada State Fair; and be it further

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ê1993 Statutes of Nevada, Page 2991 (FILE NUMBER 50, SCR 24)ê

natural resources of this state and for the years he spent in the organization and development of the Nevada State Fair; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to William Thornton and Joyce McCarty.

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FILE NUMBER 51, SCR 25

Senate Concurrent Resolution No. 25–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 51

SENATE CONCURRENT RESOLUTION–Designating April 8, 1993, as Nevada State Library and Literacy Day.

whereas, Libraries hold the key to knowledge which is necessary for the survival of our society and government; and

whereas, The opportunity to learn must extend beyond the traditional institutions of learning into the home and workplace; and

whereas, Libraries are a resource of our state which can be appreciated and used by everyone; and

whereas, The theme of National Library Week, April 18th through the 24th, is “Libraries Change Lives”; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That April 8, 1993, is hereby designated as Nevada State Library and Literacy Day in recognition of the importance of our public, school and university libraries to the growth and development of all residents of the State of Nevada.

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FILE NUMBER 52, SJR 13

Senate Joint Resolution No. 13–Committee on Natural Resources

FILE NUMBER 52

SENATE JOINT RESOLUTION–Urging Congress, the Bureau of Land Management and the United States Forest Service to expedite the creation of certain programs for managing the population of wild horses and burros on public lands.

whereas, Congress enacted the provisions of 16 U.S.C. §§ 1331 et seq., otherwise known as the Wild Free-Roaming Horses and Burros Act of 1971, to protect wild horses and burros on public lands from capture, branding, harassment or death; and

whereas, The Wild Free-Roaming Horses and Burros Act of 1971 requires the management of the wild horses and burros on public lands and authorizes the Secretary of the Interior to address problems of overpopulation; and

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ê1993 Statutes of Nevada, Page 2992 (FILE NUMBER 52, SJR 13)ê

authorizes the Secretary of the Interior to address problems of overpopulation; and

whereas, Over 65 percent of the wild horses and burros in the United States are locate in the State of Nevada and that population is increasing at a rate of 18 percent each year; and

whereas, The control of the reproduction of wild horses is necessary to preserve the integrity of the genetic composition and bloodlines of the wild horses; and

whereas, The Bureau of Land Management is currently recommending the creation of a program to control the fertility of wild horses and burros on public lands and the establishment of a national center for wild horses and burros in Northern Nevada; and

whereas, Both projects would greatly benefit the State of Nevada and the wild horses and burros located within its borders; 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 supports the proposed creation of a program to control the fertility of wild horses and burros on public lands and the establishment of a national center for wild horses and burros in Northern Nevada; and be it further

resolved, That the Bureau of Land Management and the United States Forest Service are hereby encouraged to expedite the establishment of these projects; and be it further

resolved, That Congress is hereby urged to provide adequate funding for the creation of such a program and the establishment of such a center in Northern Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Secretary of the Interior, the Director of the Bureau of Land Management, the Chief of the United States Forest Service, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the Commission for the Preservation of Wild Horses; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 53, SJR 14

Senate Joint Resolution No. 14–Committee on Natural Resources

FILE NUMBER 53

SENATE JOINT RESOLUTION–Urging Congress to limit the acquisition of privately owned land and to return public land to private ownership.

whereas, Approximately 86 percent of the land in Nevada is owned by the Federal Government; and

whereas, The rate of increase in the population of Nevada is the highest in the nation; and

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ê1993 Statutes of Nevada, Page 2993 (FILE NUMBER 53, SJR 14)ê

whereas, The amount of privately owned land which is available for the expansion of communities in this state is limited; and

whereas, The Federal Government continues to acquire privately owned land; and

whereas, The residents of this state would benefit greatly if more land in this state were privately owned; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to:

1. Monitor the acquisition of privately owned land by federal agencies to ensure that local governments in this state are not adversely affected by those acquisitions;

2. Limit the amount of privately owned land the Federal Government may acquire in this state; and

3. Promote the transfer of certain appropriate land in this state owned by the Federal Government to private ownership;

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.

________

FILE NUMBER 54, SJR 17

Senate Joint Resolution No. 17–Committee on Natural Resources

FILE NUMBER 54

SENATE JOINT RESOLUTION–Urging Congress to reject any unreasonable increase of the fees for grazing livestock on public lands.

whereas, Agriculture is one of Nevada’s oldest industries; and

whereas, The economies of many of this state’s rural counties are dependent on ranching and farming; and

whereas, Cash receipts from the sale of livestock, crops and other agricultural products contributed over $300,000,000 to this state’s economy in 1990; and

whereas, The largest share of this amount was attributable to livestock that was grazed on public lands; and

whereas, Reasonable fees for grazing livestock on public lands are vital to maintaining a prosperous industry of agriculture in this state; and

whereas, Congress is proposing to increase those grazing fees to an unreasonable level; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Legislature of the State of Nevada supports the industry of agriculture in this state; and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 2994 (FILE NUMBER 54, SJR 17)ê

resolved, That Congress is hereby urged to reject any proposal to increase the fees for grazing livestock on public lands to an unreasonable level; 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 and each member of the Nevada Congressional Delegation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 55, SJR 11

Senate Joint Resolution No. 11–Committee on Natural Resources

FILE NUMBER 55

SENATE JOINT RESOLUTION–Urging Congress and the President to adopt legislation authorizing the transfer of a specified system for the transmission of electricity to the Colorado River Commission.

whereas, The Western Area Power Administration of the United States Department of Energy owns, operates and maintains a 230-kilovolt transmission system in southern Nevada, extending from the 230-kilovolt bus at Mead Substation to Basic Substation, and including Amargosa Substation, Basic Substation, Clark Tie, and the Hoover-Basic, Hoover-Mead and Mead-Basic transmission lines, for the purpose of transmitting electricity to the State of Nevada through the Colorado River Commission; and

whereas, The Western Area Power Administration, as the entity which manages the federal network for the transmission of electricity in the western United States, plans to replace a portion of the 230-kilovolt transmission system with other facilities which would not adequately meet the requirements for electricity of the residents of southern Nevada; and

whereas, Upon the completion of the facilities that have been planned to replace a portion of the 230-kilovolt transmission system, the Western Area Power Administration intends to operate the 230-kilovolt transmission system in a manner which would not maximize the efficiency of the transmission of electricity in southern Nevada; and

whereas, Since 1990, the rates for the transmission of electricity from the 230-kilovolt transmission system have substantially increased and additional increases in the rates are planned for the near future; and

whereas, Transferring the ownership of the 230-kilovolt transmission system from the Western Area Power Administration to the Colorado River Commission would reduce the expenses of Western Area Power Administration relating to the operation and maintenance of its network for the transmission of electricity; and

whereas, The customers provided electricity from the Colorado River Commission, which include five utilities that provide electricity to all of Clark and Lincoln counties and part of Nye County, have formally requested that the Commission acquire the 230-kilovolt transmission system from the Western Area Power Administration; and

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ê1993 Statutes of Nevada, Page 2995 (FILE NUMBER 55, SJR 11)ê

that the Commission acquire the 230-kilovolt transmission system from the Western Area Power Administration; and

whereas, The Colorado River Commission has the statutory authority to purchase facilities for the generation or transmission of electricity for the greatest possible benefit to this state, and the Commission has determined that it is in the best interests of this state for the Commission to acquire the 230-kilovolt transmission system; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges Congress and the President of the United States to adopt legislation authorizing the transfer of all property and improvements, including equipment, structures and rights of way, associated with the 230-kilovolt transmission system in southern Nevada extending from the 230-kilovolt bus at Mead Substation to Basic Substation, from the Western Area Power Administration to the Colorado River Commission on behalf of the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit copies of this resolution 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.

________

FILE NUMBER 56, AJR 2

Assembly Joint Resolution No. 2–Committee on Government Affairs

FILE NUMBER 56

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to carry out its current plans.

whereas, The Tahoe Regional Planning Agency has adopted several major plans for the protection of the environment and the development of real property in the Tahoe Basin, including its Regional Transportation and Air Quality Plan, Regional Water Quality Management Plan and Five-Year Strategic Plan, all of which currently contain provisions for their implementation; and

whereas, The Tahoe Regional Planning Agency has entered into numerous memoranda of understanding with local governmental agencies and other entities to coordinate the implementation of those plans and the regulations adopted to carry out those plans; and

whereas, The implementation of those plans without unnecessary delay would be beneficial to the environment of the Tahoe Basin and the people of the State of Nevada; and

whereas, The regulations adopted to carry out those plans appear generally sufficient to achieve that purpose without the adoption of additional restrictions; and

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ê1993 Statutes of Nevada, Page 2996 (FILE NUMBER 56, AJR 2)ê

whereas, The implementation of those plans would be greatly facilitated through efforts by the Tahoe Regional Planning Agency actively to assist in the design of proposals for the development of real property that will not detract from the environmental quality of the Tahoe Basin; now, therefore, be it

resolved by the assembly and the senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Tahoe Regional Planning Agency to carry out its current plans:

1. Through the implementation of existing regulations instead of through the adoption of additional restrictions; and

2. By actively assisting in the design of proposals for the development of real property that will not detract from the environmental quality of the Tahoe Basin;

and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the governing body of the Tahoe Regional Planning Agency; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 57, SCR 26

Senate Concurrent Resolution No. 26–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 57

SENATE CONCURRENT RESOLUTION–Memorializing long-time gaming attorney, Mead Dixon

whereas, It is with sincere regret and sadness that members of this legislative body learned of the recent death of Louis Mead Dixon on January 12, 1993; and

whereas, Louis Mead Dixon was born on September 9, 1919, in Springfield, Illinois, and moved to Las Vegas in 1947; and

whereas, In July 1948, Mead Dixon moved to San Francisco and entered the University of San Francisco’s law school; and

whereas, After receiving permission to take the Nevada Bar examination before attaining his law degree, he successfully passed the Nevada Bar in 1949, graduated with a law degree in 1950 and that same year moved to Reno and began his law practice; and

whereas, Mead Dixon was a distinguished member of the Nevada State Bar for 44 years and was a partner in the prestigious law firm of Vargas, Bartlett and Dixon for 22 years; and

whereas, Mead Dixon was an exceptionally knowledgeable attorney whose keen intellect and common sense perceptions were respected by his allies and adversaries, as well as judges, governmental bodies and corporate boards before whom he appeared; and

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ê1993 Statutes of Nevada, Page 2997 (FILE NUMBER 57, SCR 26)ê

allies and adversaries, as well as judges, governmental bodies and corporate boards before whom he appeared; and

whereas, Mead Dixon became a personal friend and adviser to William F. Harrah in the 1950’s, a friendship which endured for 27 years until Mr. Harrah’s death in 1978, at which time he became executor of the William F. Harrah estate; and

whereas, Mead Dixon, while acting as chairman of Harrah’s from 1978 until his retirement in 1986, was the key architect in creating the William F. Harrah Automobile Foundation, an effort which preserved a unique group of automobiles from the original Harrah’s Automobile Collection as a Nevada public treasure; and

whereas, Mead Dixon also was instrumental in charting the course for Harrah’s to become a public corporation listed initially on the American Stock Exchange and later on the New York Stock Exchange, making Harrah’s the first pure gaming company to enter the stock exchange; and

whereas, Mead Dixon was also a member of the Board of Directors of Showboat from 1970 to 1978 and from 1987 to 1993, helping this gaming company expand into Atlantic City; and

whereas, Mead Dixon is recognized annually through the Mead Dixon Lecture Series which confronts critical issues facing Nevada’s gaming, hospitality and entertainment industry at the University of Nevada, Las Vegas, under the sponsorship of Vargas and Bartlett; and

whereas, In 1992, Mead Dixon, along with Ken Adams and R. T. King, published Playing the Cards That Are Dealt, an autobiography of his life that covers 40 years of casino gaming history through the eyes of one of the industry’s most respected figures; and

whereas, Mead Dixon supported his community and state by devoting countless hours working with the University of Nevada’s School of Medicine, Reno Air Racing Association, Nevada Taxpayers Association, United States Travel and Tourism Board, Gaming Industry Association of Nevada, Nevada Resort Association and Reno Airport Advisory Commission; and

whereas, He was a member of the board of trustees of the International Association of Gaming Attorneys from 1985 until 1989 and its counselor from 1989 to 1993; and

whereas, Mead Dixon is survived by his wife, Gwendolyn of Reno, his daughter, Ann Dixon Best of Eugene, Oregon, his sons, Dr. Sherwood Mead Dixon of Reno and Drake Diller Dixon of Riggins, Idaho, and six grandchildren; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature express their deepest sympathy and heartfelt condolences to the family of Louis Mead Dixon; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Gwendolyn Dixon, Ann Dixon Best, Dr. Sherwood Mead Dixon and Drake Diller Dixon.

________

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ê1993 Statutes of Nevada, Page 2998ê

FILE NUMBER 58, ACR 17

Assembly Concurrent Resolution No. 17–Committee on Education

FILE NUMBER 58

ASSEMBLY CONCURRENT RESOLUTION–Urging all public schools in the State of Nevada to participate in the Nevada School Improvement Project established by the Department of Education.

whereas, In 1986, the Department of Education initiated the Nevada School Improvement Project; and

whereas, The Nevada School Improvement Project was established as a voluntary project to provide training to the faculty members of participating public schools to assess the needs of their schools and use that information to plan and carry out improvement activities for their schools; and

whereas, Many of the schools participating in the Nevada School Improvement Project have established programs that have improved the quality of education provided to the pupils attending those schools; and

whereas, The number of schools voluntarily participating in the Nevada School Improvement Project has increased significantly since its inception in 1986, but not all public schools have volunteered to participate in the improvement project; and

whereas, Administrative leadership and strong support from the faculty members of the public schools are essential to the continued progress of the Nevada School Improvement Project; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That all public schools in the State of Nevada are hereby urged to participate in the Nevada School Improvement Project; and be it further

resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the boards of trustees of all county school districts in this state for distribution to the public schools within their school districts.

________

FILE NUMBER 59, ACR 41

Assembly Concurrent Resolution No. 41–Assemblymen Dini, Anderson, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Price, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 59

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Lyon County Assemblyman Herbert E. Rowntree.

whereas, The members of the Nevada Legislature note with sorrow and regret the recent passing of Herbert E. Rowntree on January 24, 1993; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 2999 (FILE NUMBER 59, ACR 41)ê

whereas, Herbert E. Rowntree was born on March 8, 1908, in Kansasville, Wisconsin, and was a Lyon County resident since 1928, moving to Yerington in 1964; and

whereas, Herbert Rowntree graduated from Reno High School, and attended the University of Nevada, Reno, and the University of Wisconsin; and

whereas, Herbert Rowntree worked on the Plymouth Ranch in Smith Valley during his early years in Lyon County and then from 1931 to 1963 he raised chickens and turkeys, becoming one of Lyon County’s largest poultry farmers; and

whereas, Because of his vast experience and knowledge in poultry farming, Herbert Rowntree was a 6-year member of the board of directors of Norbest Turkey Growers Association of Salt Lake City; and

whereas, Herbert Rowntree was manager of the United State Board of Water Commissioners and Walker River Irrigation District from 1963 to 1978; and

whereas, Herbert Rowntree served as Assemblyman from Lyon County in 1951, 1953, 1959, 1960 and 1961; and

whereas, While serving as an Assemblyman, Herbert Rowntree was the minority leader in 1953 and a member of the Committees on Ways and Means, Agriculture and Judiciary; and

whereas, Known for his expertise as a parliamentarian, Herbert Rowntree also served this state as Secretary of the Senate during 1956 and 1957; and

whereas, Herbert Rowntree took an active interest in his community where he was a member of the Rotary Club International, the Republican Party and the Nevada Farm Bureau; and

whereas, Herbert Rowntree is survived by this wife, Elsie, his four daughters, Janice Bailey of Yerington, Thomasina Alan of Glenview, Illinois, Gail Loper of Fort Worth, Texas, and Joyce Phillips of Saudi Arabia, his sister, Ruth Forhan of Seattle, Washington, his brother, John of Kansasville, Wisconsin, 10 grandchildren and 7 great-grandchildren; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature hereby extend their deepest sympathy and sense of loss to the family of Herbert Rowntree; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Elsie Rowntree.

________

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ê1993 Statutes of Nevada, Page 3000ê

FILE NUMBER 60, SCR 27

Senate Concurrent Resolution No. 27–Senators Lowden, Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 60

SENATE CONCURRENT RESOLUTION–Memorializing the founder of the Donrey Media Group and nationally renowned philanthropist, Donald W. Reynolds.

whereas, It was with profound sorrow that the members of the Nevada Legislature learned of the death of Donald W. Reynolds on April 2, 1993; and

whereas, Donald W. Reynolds was born on September 21, 1906, in Fort Worth, Texas, moving with his family shortly thereafter to Oklahoma City, Oklahoma; and

whereas, After graduation from Central High School in Oklahoma City, Donald Reynolds entered the University of Missouri where he was student president of the School of Journalism and business manager of the university yearbook; and

whereas, Donald Reynolds worked at newspapers in Kansas City, Missouri, Indianapolis, Indiana, and Austin, Texas, before purchasing the Okmulgee Daily Times in Oklahoma, the Southwest American and the Fort Smith Times Record in Fort Smith, Arkansas, in 1940; and

whereas, In 1942, Donald Reynolds joined the United States Army to serve his country during World War II and, after being awarded the Purple Heart, he was honorably discharged as a major in military intelligence in 1945; and

whereas, Over the next 42 years, Donald Reynolds expanded his three newspapers to 53 daily newspapers, 11 outdoor advertising companies, five cable television companies and one television station, all under the media conglomerate which became known as the Donrey Media Group; and

whereas, The Donald W. Reynolds Foundation, Inc., was established to support charitable and educational activities totally with contributions from the Donrey Media Group, including $9,000,000 donated to build the Donald W. Reynolds Alumni Center at the University of Missouri, a commitment of $4,000,000 to the University of Nevada, Las Vegas, to build the Donald W. Reynolds Student Services Center, a $2,500,000 matching grant to the University of Nevada, Reno, for a new building for the Reynolds School of Journalism, plus several annual $100,000 merit-based scholarships to journalism students at 10 selected universities, which is the largest journalism scholarship program in the nation; and

whereas, The Donrey Public Foundation, Inc., was established to raise money for charitable programs and services, just one of which sends close to 1,000 underprivileged children to camp every summer; and

whereas, Donald W. Reynolds was a member of many press clubs including the press clubs in Oklahoma City, San Francisco and Las Vegas, and the National Press Club in Washington, D.C.; and

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ê1993 Statutes of Nevada, Page 3001 (FILE NUMBER 60, SCR 27)ê

whereas, He was a member of the Arkansas Press Association, American Newspaper Publishers Association, Southern Newspaper Publishers Association and American Society of Newspaper Editors; and

whereas, He was also a member of the National Association of Broadcasters, served on the board of advisers of the J. William Fulbright College of Arts and Sciences at the University of Arkansas in Fayetteville, and served on the board of visitors of the University of Oklahoma; and

whereas, Donald W. Reynolds is survived by a daughter, Nancy Reynolds of New York City, a son, Donald W. Reynolds, Jr., of Tulsa, Oklahoma, and a son, Jonathan Reynolds of Santa Monica , California, six grandchildren and one great-grandchild; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature herby extend their deepest sympathy to the family of Donald Reynolds and to his many friends across the nation; and be it further

resolved, That Donald W. Reynolds created an empire in the media world and his charitable and philanthropic efforts will forever remain as a tribute to a remarkable man who gave so much to his community, state and country; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nancy Reynolds, Jonathan Reynolds and Donald W. Reynolds, Jr.

________

FILE NUMBER 61, AJR 18

Assembly Joint Resolution No. 18–Committee on Health and Human Services

FILE NUMBER 61

ASSEMBLY JOINT RESOLUTION–Urging Congress to give special consideration to the effect certain proposed legislation will have upon the stability and unity of families in the United States.

whereas, The family unit is the basic institution in American society in which morals, social skills, traditions and other values essential to our society are imparted to younger generations; and

whereas, The enactment of laws forms the structure in which all citizens must function in an ordered society and often has far-reaching effects not easily foreseen at the time of enactment; and

whereas, The use of family impact statements, which analyze proposed federal legislation to determine whether it will strengthen or erode the stability of the family, was begun in the early 1970’s; and

whereas, Such statements have been helpful in determining the effect policies relating to such issues as medical care, urban renewal, tax laws and public education, will have on children and their parents; and

whereas, Family impact statements have been ignored in recent years as policy makers often disagree on what actions are necessary to preserve and foster family stability; and

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ê1993 Statutes of Nevada, Page 3002 (FILE NUMBER 61, AJR 18)ê

whereas, The preservation of the family should be given the utmost consideration by all legislative bodies in the United States; 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 give special consideration to the effect that proposed legislation relating to human resources and the delivery of social services will have on the stability and unity of families in the United States; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 62, ACR 42

Assembly Concurrent Resolution No. 42–Assemblymen Evans, Myrna Williams, Dini, Humke, Freeman, Lambert, Ernaut, Neighbors, Haller, Chowning, Gibbons, Garner, Anderson, Bennett, McGaughey, Arberry, Sader, Tiffany, Marvel, Heller, Porter, Gregory, Scherer, Segerblom, Collins, Spitler, Perkins, Wendell Williams, Bache, Petrak, Hettrick, Regan, Kenny, Carpenter, Toomin, Smith, Price, Giunchigliani, de Braga, Augustine and Schneider

FILE NUMBER 62

ASSEMBLY CONCURRENT RESOLUTION–Congratulating professional golfer Patty Sheehan upon qualifying to be admitted to the Ladies Professional Golf Association’s Hall of Fame.

whereas, Patty Sheehan, daughter of Reno’s Robert (Bobo) and Leslie Sheehan, graduated from the University of Nevada, Reno, and San Jose State University before beginning her professional golfing career in July 1980; and

whereas, Named “Rookie of the Year” in 1981 by the Ladies Professional Golf Association, Patty Sheehan has continued to receive awards and set records for the past 13 years, including being honored by Sports Illustrated as its “Sportswoman of the Year” in 1987 and named “Player of the Year” by both the Golf Writers Association of America in 1982 and by the Ladies Professional Golf Association in 1983; and

whereas, Within the Ladies Professional Golf Association, Patty Sheehan currently holds the records for the most consecutive seasons earning more than $200,000, being the youngest woman to reach $1,000,000 in career earnings, being the fastest player on the woman’s tour to reach $2,000,000 in career earnings and being the first player to win both the United States Women’s Open and the Women’s British Open in the same year; and

whereas, Until March 21, 1993, however, Patty Sheehan had only one remaining goal in mind, to qualify for the Ladies Professional Golf Association’s Hall of Fame, the highest honor for a professional lady golfer; and

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ê1993 Statutes of Nevada, Page 3003 (FILE NUMBER 62, ACR 42)ê

whereas, To qualify, a player must win two different major tournaments and 30 Ladies Professional Golf Association tournaments; and

whereas, After winning the U.S. Women’s Open last year during an 18-hole playoff in Oakmont, Pennsylvania, Patty Sheehan needed only one more tournament win to qualify and on March 21 in Phoenix, Arizona, Patty earned that win by capturing her 30th tournament victory; and

whereas, In addition to her accomplishments on the golf course, Patty Sheehan strives to help less fortunate persons and has been recognized for her humanitarian efforts by receiving, among others, the Golf Writer’s Association of America’s “Charlie Bartlett” award in 1987 and the Golf Digest/Ladies Professional Golf Association’s Founder’s Cup in 1985, and more recently, she has hosted the Patty Sheehan Pro-Am benefiting the Nevada Special Olympics; and

whereas, Patty Sheehan’s friendly yet determined attitude toward life and success has served as a positive role model for millions of young people around the world; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th session of the Nevada Legislature hereby congratulates Patty Sheehan for her outstanding career in golf, including her recent qualification for the Ladies Professional Golf Association’s Hall of Fame, and commends her for her humanitarian efforts; and be it further

resolved, That this legislative body is honored that such a respected athlete is able to say that “home means Nevada”; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Patty Sheehan.

________

FILE NUMBER 63, SCR 28

Senate Concurrent Resolution No. 28–Senators Townsend, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith and Titus

FILE NUMBER 63

SENATE CONCURRENT RESOLUTION–Designating April 19, 1993, as Nurses’ Appreciation Day in Nevada.

whereas, Nurses care for residents of Nevada every day by providing high quality, affordable, accessible health care and by providing primary and preventive health care services in a variety of settings; and

whereas, Over 8,000 registered nurses in this state represent Nevada’s largest health care resource; and

whereas, Advanced practice nurses in Nevada are delivering timely, cost-effective quality care, often to elderly or medically indigent persons or persons living in rural areas, providing 60 to 80 percent of primary and preventive care traditionally done by physicians; and

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ê1993 Statutes of Nevada, Page 3004 (FILE NUMBER 63, SCR 28)ê

whereas, Nevada’s public health nurses provide needed outreach health care services such as immunizations, child welfare and control of infectious diseases; and

whereas, The demand for nursing services is greater than ever because of the aging of the population, the continuing growth of life-sustaining technology, and the explosive growth of home health care services; and

whereas, Nevada’s nurses share a humanitarian concern for those residents who are unable to access quality health care, affordable insurance, or necessary human care services such as housing, food and clothing; and

whereas, Nevada Nurses Association calls for the restructuring of America’s health care system to ensure access to quality, affordable health care for all; and

whereas, Professional nurses will use their collective voices in cooperation with the Nevada Legislature to create a new health care system which addresses the needs of the residents of Nevada and the capabilities of professional nursing care providers; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature hereby commend the nurses in Nevada for the outstanding service they continue to provide while working in a most demanding profession; and be it further

resolved, That April 19, 1993, is hereby designated as Nurses’ Appreciation Day in recognition of the many fine nurses who practice throughout this state, some of whom are here today to discuss important issues with their legislators; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Nurses Association.

________

FILE NUMBER 64, SCR 29

Senate Concurrent Resolution No. 29–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 64

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

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ê1993 Statutes of Nevada, Page 3005 (FILE NUMBER 64, SCR 29)ê

whereas, The Junior League of Las Vegas has been involved in such projects as the Ronald McDonald House, a temporary lodging facility for families of seriously ill children, Project WIN, a self-esteem program for at-risk children, and the Girl Scout Drop in Center located in the Naked City area of Las Vegas; and

whereas, The Junior League of Reno is involved in Reach for Academic Difference (RAD), a tutoring project for at-risk children, and Teen Outreach Program (TOP), a school-based educational program that targets teen pregnancies, and they are education children about the differences between the disabled and nondisabled children by supporting the Kids on the Block Program; and

whereas, 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, 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 April 20, 1993, members of the Junior Leagues of Reno and Las Vegas will meet 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 the 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 the Secretary of the Senate prepare and transmit a copy of this resolution to the Junior League of Reno and the Junior League of Las Vegas.

________

FILE NUMBER 65, SCR 30

Senate Concurrent Resolution No. 30–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 65

SENATE CONCURRENT RESOLUTION–Memorializing former Regent of University of Nevada System, Joan O’Neil Kenney.

whereas, On February 18, 1992, the people of the State of Nevada lost a dedicated educator and civic leader through the death of Joan O’Neil Kenney; and

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ê1993 Statutes of Nevada, Page 3006 (FILE NUMBER 65, SCR 30)ê

whereas, Joan O’Neil Kenney was born on December 29, 1929, in Burbank, California, and had been a Las Vegas resident since 1970; and

whereas, A graduate of Stanford University, Joan O’Neil Kenney was elected to the Nevada State Board of Education in 1972, 1976 and 1980, and as a member of this board she served as liaison to the Nevada Educational Advisory Council; and

whereas, Joan O’Neil Kenney was elected to the Board of Regents of the University of Nevada System in 1982 and served as vice chairman of the board from 1985 to 1987, chairman of the board’s policy committee and co-chairman of the Joint Committee on Occupational Education; and

whereas, President Gerald Ford appointed Joan O’Neil Kenney to the Presidents Advisory Council on Adult Education in 1976 and President Ronald Reagan appointed her to the National Education Advisory Council in 1982; and

whereas, Joan O’Neil Kenney served on search committees which resulted in the appointments of the presidents of the University of Nevada, Las Vegas, Clark County Community College, Desert Research Institute and Truckee Meadows Community College; and

whereas, Joan O’Neil Kenney is survived by her husband, Jack, son, Michael J. Ashley of Vaughn, Washington, brother, Richard O’Neil of Andover, Massachusetts, and two grandchildren; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the condolences and sincere sympathy of the members of the 67th session of the Nevada Legislature are hereby extended to the family of the late Joan O’Neil Kenney, and be it further

resolved, That Joan O’Neil Kenney earned the respect and admiration of educators from Nevada as well as those persons involved in education on a national level and her presence and knowledge will be sorely missed; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Joan O’Neil Kenney’s loving husband Jack.

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FILE NUMBER 66, SJR 12

Senate Joint Resolution No. 12–Committee on Natural Resources

FILE NUMBER 66

SENATE JOINT RESOLUTION–Urging the Federal Government to recognize the rights of users of roads which were established on certain rights of way over public lands and which provide access to private property.

whereas, The right of way was granted for the construction of highways over public lands not reserved for other public uses by section 8 of chapter 262, 14 Statutes 253 (former 43 U.S.C. § 932), which was enacted in 1866; and

whereas, The placement of that section in an act primarily devoted to the encouragement of mining upon public lands suggests that an important purpose of the grant was to provide access to mining claims, but the operation of the grant was extended by section 17 of the Placer Act of 1870, which also affected other patents, preemptions and homesteads, so that the right of access was extended broadly to private property; and

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ê1993 Statutes of Nevada, Page 3007 (FILE NUMBER 66, SJR 12)ê

the grant was extended by section 17 of the Placer Act of 1870, which also affected other patents, preemptions and homesteads, so that the right of access was extended broadly to private property; and

whereas, When section 8 of the Act of 1866 was repealed in 1976 by section 706 of Public Law 94-579, section 701 of Public Law 94-579 also provided: “Nothing in this Act * * * shall be construed as terminating any valid * * * right-of-way [sic], or other land use right or authorization existing on the date of approval of this Act”; and

whereas, The Legislature is informed that the United States Forest Service is demanding that the users of rights of way which provide access to private parcels of land and which were established pursuant to section 8 of the Act of 1866 apply and pay for permits that limit the duration and nature of the use long and freely enjoyed by the owners of these parcels as an incident of their ownership, where the right of way lies within a National Forest; and

whereas, Such a limitation of use and provision for future extinction violates the rights of those users which were preserved in 1976 by section 701 of Public Law 94-579, and which necessarily include the right of access to their lands and the right to maintain that access physically; and

whereas, Because only 13 percent of the land in Nevada is privately owned, it is imperative for the well-being of the state as well as the taxpaying residents who own those lands to hold open their rights of access; and

whereas, This Legislature has recognized the important benefits to this state and its residents from the continued and permanent existence of the roads established over those rights of way, and has enacted law setting forth the rights and correlative duties of the owners of those rights of way and the rights of the public to use them; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the United States Forest Service, the Bureau of Land Management, and other agencies of the executive department of the Federal Government to recognize the permanent rights existing in those roads that serve private property, and urges the Congress of the United States in the exercise of its oversight to ensure that those rights are in fact respected; and be it further

resolved, That a copy of this resolution and any related legislative measures enacted by this legislature be transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, and to each member of the Nevada Congressional Delegation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 3008ê

FILE NUMBER 67, SCR 31

Senate Concurrent Resolution No. 31–Senators Smith, Titus, Brown, Adler, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer and Townsend

FILE NUMBER 67

SENATE CONCURRENT RESOLUTION–Commending Bret Boyd for discovery of two species of butterflies that are not indigenous to Nevada.

whereas, Ten-year-old Bret Boyd from Henderson, Nevada, has spent much of his life collecting butterflies and despite his youth is a serious lepidopterist; and

whereas, During May 1992, Bret and his family were on a field trip near Blue Diamond, when Bret captured the Boiduval’s sulphur; and

whereas, The next month while searching for butterflies in the Lovell Canyon area, Bret caught a giant orange sulphur; and

whereas, After discussing these butterflies with zoologist George Austin, of the Nevada State Museum and Historical Society, Bret was informed that the butterflies were not indigenous to Nevada; and

whereas, The butterflies are considered tropical insects, living predominantly in South America, Mexico and the southern portions of Arizona; and

whereas, Because of Bret’s rare discovery, he will be mentioned in the next annual report of the National Lepidopterists Society; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature thereby congratulate and commend Bert Boyd for his contributions in the field of Lepidopterology; and be it further

resolved, That Bret’s mother and father, Adrienne and Bruce Boyd are also commended for the support and encouragement they have given Bret; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Bret Boyd.

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FILE NUMBER 68, SCR 32

Senate Concurrent Resolution No. 32–Senators McGinness, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 68

SENATE CONCURRENT RESOLUTION–Designating April 22, 1993, as Kiwanis Day in Nevada.

whereas, Seventy-eight 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

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ê1993 Statutes of Nevada, Page 3009 (FILE NUMBER 68, SCR 32)ê

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; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That members of the Nevada Legislature hereby designate April 22, 1993, 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

resolved, That the Secretary of the Senate prepare and transmit copies of this resolution to Governor Robert L. Gibbons, Governor-elect Frank R. Taylor, and the Lieutenant Governors of the respective divisions of Nevada, Richard O. Davies of Division 23, Dick A. Richards of Division 28 and James Ketterling of Division 45.

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FILE NUMBER 69, AR 7

Assembly Resolution No. 7–Committee on Elections and Procedures

FILE NUMBER 69

ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.

resolved by the assembly of the state of nevada, That Bonnie Gabelick is elected as an additional attache of the Assembly for the 67th session of the Legislature of the State of Nevada.

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ê1993 Statutes of Nevada, Page 3010ê

FILE NUMBER 70, ACR 21

Assembly Concurrent Resolution No. 21–Committee on Health and Human Services

FILE NUMBER 70

ASSEMBLY CONCURRENT RESOLUTION–Directing the Welfare Division of the Department of Human Resources to simplify the application for Medicaid and to make available applications written in Spanish.

whereas, The current application for the Medicaid program of the State of Nevada is unnecessarily lengthy and complex; and

whereas, Spanish is the primary language for many residents of the State of Nevada; and

whereas, It is important for the State of Nevada to ensure that persons eligible for and in need of assistance through Medicaid actually receive the medical care and services to which they are entitled; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Welfare Division of the Department of Human Resources is hereby directed to simplify the application for the Medicaid program; and be it further

resolved, That the Welfare Division of the Department of Human Resources is hereby directed to make available to applicants an application for the Medicaid program written in Spanish; and be it further

resolved, That the Chief Clerk of the Assembly prepare and 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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FILE NUMBER 71, ACR 44

Assembly Concurrent Resolution No. 44–Assemblymen Price, Dini, Anderson, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 71

ASSEMBLY CONCURRENT RESOLUTION–Declaring the week of April 26 as Nevada Thunderbird Week.

whereas, The famous Air Demonstration Squadron of the United States Air Force, known throughout the world as the Thunderbirds, has made its home at Nellis Air Force Base for the past 38 years; and

whereas, This year marks the 40th anniversary of the Thunderbirds as they continue to amaze spectators from all parts of the world with precision maneuvers in the F-16C, the front-line fighter aircraft of the Air Force; and

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ê1993 Statutes of Nevada, Page 3011 (FILE NUMBER 71, ACR 44)ê

whereas, The Thunderbirds have performed in 56 countries before 250 million people, earning respect and admiration for themselves and the Air Force; and

whereas, The 145 men and women that constitute the Thunderbird team exhibit the qualities of professionalism, dedication and patriotism that best reflect this nation and this state; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the week of April 26 is hereby declared Nevada Thunderbird Week; and be it further

resolved, That it is with great pride that the Nevada Legislature commends this outstanding team; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lieutenant Colonel Daniel J. Darnell, Commander/Leader of the United States Air Force Air Demonstration Squadron.

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FILE NUMBER 72, SCR 6

Senate Concurrent Resolution No. 6–Committee on Transportation

FILE NUMBER 72

SENATE CONCURRENT RESOLUTION–Directing the Department of Transportation to conduct a study of certain methods of making the area surrounding certain public libraries safer for pedestrians.

whereas, In October of 1992, Spring Valley residents launched a petition drive requesting a traffic light at the intersection of Jones Boulevard and Rochelle Avenue after 3-year-old Matthew Lewis was fatally injured at the intersection while he was walking with his mother, toting books in a wagon, as they headed home from the Spring Valley Library; and

whereas, Through the years, other children and their parents have been involved in similar accidents while attempting to walk to their local public libraries; and

whereas, Traffic control devices and other safety measures in areas surrounding public libraries may serve to reduce significantly this type of tragedy and facilitate the use of Nevada’s public libraries; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Department of Transportation is hereby directed to study the feasibility of:

1. Placing traffic signals on busy streets surrounding public libraries which are located in counties whose populations are 100,000 or more and are adjacent to state highways to provide safer access to such libraries for pedestrians and, if feasible, to make a preliminary determination of advisable locations for such lights; and

2. Treating the streets surrounding such public libraries in the same manner as the streets surrounding schools, including, without limitation, establishing safety zones with reduced speed limits and designating additional crosswalks;

and be it further

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ê1993 Statutes of Nevada, Page 3012 (FILE NUMBER 72, SCR 6)ê

resolved, That the Director of the Department of Transportation is hereby directed to report the results of the study as soon as practicable to this session of the Nevada Legislature; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Transportation.

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FILE NUMBER 73, SJR 10

Senate Joint Resolution No. 10–Committee on Human Resources and Facilities

FILE NUMBER 73

SENATE JOINT RESOLUTION–Urging the President and Congress to increase the amount of financial assistance allotted to research chronic fatigue syndrome and to develop effective treatments and a cure for this disease.

whereas, Chronic fatigue syndrome, also known as Epstein-Barr syndrome and chronic fatigue immune dysfunction syndrome, is a recently discovered illness for which there is no known cure or effective treatment; and

whereas, Recent biomedical research has identified chronic fatigue syndrome as a serious illness which affects a number of systems within the human body including the immune system; and

whereas, The syndrome is characterized primarily by a chronic debilitating fatigue and many influenza-like symptoms and is often accompanied by a variety of cognitive dysfunctions; and

whereas, More serious and longer lasting neurologic impairments may include seizures, psychosis and dementia; and

whereas, Victims of this syndrome often experience symptoms of sufficient severity to qualify them for social security disability; and

whereas, There is an urgent need to expand the public health response to this disease, which has been identified in every state, and which the Centers for Disease Control have called an emerging epidemic; and

whereas, Estimates of the affected range as high as 1 1/2 percent of the national population, or approximately 3,750,000 persons; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature respectfully urges the President and Congress to increase the amount of financial assistance allotted to research chronic fatigue syndrome and to develop effective treatments and a cure for this disease; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President and Vice President of the United States, 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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ê1993 Statutes of Nevada, Page 3013ê

FILE NUMBER 74, SJR 26

Senate Joint Resolution No. 26–Senators Jacobsen, Adler, Brown, Callister, Coffin, Glomb, Hickey, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 74

SENATE JOINT RESOLUTION–Expressing appreciation and gratitude to the Taiwan Delegation for the five paintings which were donated to the Nevada Legislature.

whereas, Seven years ago on October 24, 1985, the Province of Taiwan of the Republic of China and the State of Nevada established a Sister State relationship 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 (R O C); and

whereas, The State of Nevada was honored recently by receiving as a gift, five beautiful paintings by Professor James Yeh-Jau Liu and Professor Wang Ch’ang-chieh; and

whereas, With the assistance of the Coordination Council for North American Affairs Office in San Francisco, these artistic treasures were generously donated to the State of Nevada and have been proudly displayed in the legislative building; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the members of the 67th 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 beautiful works of art; 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 Chien Ming-ching of the Taiwan Province Assembly and H. C. Chan, Director General of the Coordination Council for North American Affairs Office in San Francisco.

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FILE NUMBER 75, ACR 18

Assembly Concurrent Resolution No. 18–Committee on Education

FILE NUMBER 75

ASSEMBLY CONCURRENT RESOLUTION–Urging the boards of trustees of all county school districts to adopt daily class schedules for public elementary schools which include a fixed period of uninterrupted teaching time during each school day.

whereas, The creation and promotion of effective learning environments is necessary to improve and maintain the quality of education provided to pupils attending public schools in this state; and

whereas, Classrooms in elementary schools are often interrupted throughout the day for various reasons such as school announcements, calling pupils out of the classrooms, assemblies and conferences; and

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ê1993 Statutes of Nevada, Page 3014 (FILE NUMBER 75, ACR 18)ê

whereas, These interruptions impede the ability of teachers to provide quality instruction to their pupils; and

whereas, Uninterrupted instruction is of particular importance to pupils in elementary schools in order to develop basic learning skills at an early age; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the boards of trustees of all county school districts in the State of Nevada are hereby urged to adopt daily class schedules for public elementary schools in their districts which include a fixed period of uninterrupted teaching time during each school day; and be it further

resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the boards of trustees of all county school districts in this state.

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FILE NUMBER 76, ACR 46

Assembly Concurrent Resolution No. 46–Committee on Labor and Management

FILE NUMBER 76

ASSEMBLY CONCURRENT RESOLUTION–Designating April 28, 1993, as Workers Memorial Day in Nevada.

whereas, On April 28, 1993, the American Federation of Labor and Congress of Industrial Organizations will observe Workers Memorial Day, a day to remember workers who have been killed, injured or diseased on the job and to renew the commitment to prevent these tragedies in the future; and

whereas, This date has significance in that it is the anniversary of the Occupational Safety and Health Act; and

whereas, Every year more than 6 million workers are killed, injured or diseased on the job which amounts to approximately one worker every 5 seconds; and

whereas, Too often these tragedies and the devastation they cause for the workers, their families and co-workers are quickly forgotten; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th session of the Nevada Legislature hereby designates April 28, 1993, to be Workers Memorial Day in Nevada; and be it further

resolved, That residents of Nevada are hereby urged to observe this day by recognizing the need for strengthening the safety in the workplace so that future tragedies are prevented.

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ê1993 Statutes of Nevada, Page 3015ê

FILE NUMBER 77, SCR 16

Senate Concurrent Resolution No. 16–Committee on Government Affairs

FILE NUMBER 77

SENATE CONCURRENT RESOLUTION–Commending City of Caliente for its efforts to alleviate the hazard posed by a single crossing of the mainline Union Pacific Railroad and urging the Public Service Commission of Nevada to approve plans to construct a second “at-grade” crossing.

whereas, The City of Caliente is bisected by the mainline Union Pacific Railroad; and

whereas, The single “at-grade” crossing of the mainline in the City of Caliente is frequently blocked by trains parked in the community; and

whereas, There have been several instances wherein emergency vehicles were restricted from accessing one side of the community because of the blockage of the single crossing by the Union Pacific trains; and

whereas, An additional crossing in the City of Caliente would aid in allowing emergency vehicles to respond more rapidly within the community; and

whereas, The City of Caliente has evaluated alternatives for developing a second crossing of the mainline; and

whereas, Efforts by the City of Caliente and the Nevada Department of Transportation to enlist the participation of the Union Pacific Railroad in accessing and improving an existing underpass to facilitate a second crossing are continuing; and

whereas, The City of Caliente and the Nevada Department of Transportation have concluded that development of a second “at-grade” crossing is the most viable means to alleviate the existing hazard posed by the single crossing; and

whereas, With assistance from the Nevada Congressional Delegation, the City of Caliente has received a federal appropriation to construct a second crossing of the Union Pacific mainline; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby commends efforts by the City of Caliente to alleviate the hazard posed by a single crossing of the mainline Union Pacific Railroad and urges the Public Service Commission of Nevada to approve plans by the City to construct a second “at-grade” crossing; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the chairman of the Public Service Commission of Nevada.

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ê1993 Statutes of Nevada, Page 3016ê

FILE NUMBER 78, SCR 33

Senate Concurrent Resolution No. 33–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 78

SENATE CONCURRENT RESOLUTION–Memorializing the crew and passenger of the Care Flight helicopter that crashed on November 27, 1991.

whereas, It was with deepest sorrow and regret that members of the 67th session of the Nevada Legislature learned of the tragedy of Care Flight, whose helicopter crashed while on a rescue mission on November 27, 1991, killing its crew and passenger; and

whereas, At that time, Care Flight had flown 690,000 miles, carrying 10,367 patients and saving 1,659 lives since it began emergency services out of Reno in 1981; and

whereas, Pilot Al Larson, 44, had flown helicopters during the Vietnam War, logging nearly 3,000 flying hours in the military, had flown for Care Flight since May 1985, and is survived by his wife Jodi and daughter April; and

whereas, Registered Nurse Katherine Ohran, 36, a single mother of two children, 11-year-old daughter Laura Jean, and 14-year-old son Eric David, had been a flight nurse with Care Flight since April 1989; and

whereas, Emergency Medical Technician — Intermediate Donnie Matteoni, 32, a Nevada native who spent much of his adult life aiding injured people, had worked for Care Flight since January 1990, and is survived by his parents Don and Molly Matteoni; and

whereas, Bobby Franco, 33, from Carson City, the injured passenger who was being flown to Washoe Medical Center in Reno, was the father of two children, 23-month-old Kyle and 11-week-old Gabriella, and was married to the former Suzanne Jackson of Bishop, California; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That this legislature memorializes the crew on Care Flight who gave their lives while trying to save the life of another and commend the courage and bravery of those Care Flight crew members who continue to fly rescue missions in an effort to save lives throughout Northern Nevada; and be it further

resolved, That members of this legislature extend their sincere condolences and heartfelt sympathy to the friends and families of Al Larson, Katherine Ohran, Donnie Matteoni and Bobby Franco; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Care Flight and to the families of Al Larson, Katherine Ohran, Donnie Matteoni and Bobby Franco.

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ê1993 Statutes of Nevada, Page 3017ê

FILE NUMBER 79, SCR 34

Senate Concurrent Resolution No. 34–Senators Smith, Raggio, Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer and Townsend

FILE NUMBER 79

SENATE CONCURRENT RESOLUTION–Congratulating Dr. Margaret Bryan Davis for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by Nevada Bell.

whereas, Dr. Margaret Bryan Davis is an acknowledged leader in the field of paleoecology, a branch of ecology that examines the relationship between ancient environments and the plants and animals that existed in them; and

whereas, Dr. Davis pioneered new techniques that use fossil pollen to reveal ancient environments, providing important insights into past, present and future ecological change; and

whereas, Dr. Davis began her studies in palynology, the study of pollen, as an undergraduate at Radcliffe College in the 1950’s, continued as a Fulbright Scholar in Scandinavia and received her Doctorate in biology at Harvard in 1957; and

whereas, Dr. Davis served as president of the American Quaternary Association from 1978 to 1980, was elected by her peers to the National Academy of Sciences in 1982 and was president of the Ecological Society of America from 1987 to 1988; 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. Margaret Bryan Davis, currently Regents’ Professor in the University of Minnesota’s Department of Ecology, Evolution and Behavior, is the sixth 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 the members of the 67th session of the Nevada Legislature hereby congratulate Dr. Margaret Bryan Davis for being named the recipient of the 1993 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

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ê1993 Statutes of Nevada, Page 3018 (FILE NUMBER 79, SCR 34)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Margaret Bryan Davis, 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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FILE NUMBER 80, ACR 48

Assembly Concurrent Resolution No. 48–Assemblymen Gibbons, Evans, Freeman, Lambert, Ernaut, Haller, Sader and Humke

FILE NUMBER 80

ASSEMBLY CONCURRENT RESOLUTION–Commemorating the 125th anniversary of Reno, Nevada.

whereas, The City of Reno will celebrate its 125th anniversary on May 9, 1993; and

whereas, In 1868 the Central Pacific Railroad extended its line through the Truckee Meadows on its way to Promontory, Utah, where it would meet the Union Pacific Railroad creating a transcontinental railroad running from San Francisco to Missouri; and

whereas, In 1861, a settler named Charles William Fuller traded a large portion of land on the Truckee River to Myron C. Lake who built a hotel and trading post; and

whereas, Later Myron Lake donated land north of the Truckee River to Charles Crocker, Superintendent of construction for the Central Pacific, with the understanding that a railroad station and townsite would be built on the land; and

whereas, On May 9, 1868, Charles Crocker held a public land auction where he sold lots on the former Lake property; and

whereas, In honor of General Jesse Lee Reno, a Union Officer killed in the Civil War, Charles Crocker named this new community Reno; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the thriving City of Reno is hereby congratulated on the occasion of its 125th anniversary on May 9, 1993; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Pete Sferrazza, Mayor of the City of Reno.

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ê1993 Statutes of Nevada, Page 3019ê

FILE NUMBER 81, SCR 14

Senate Concurrent Resolution No. 14–Committee on Government Affairs

FILE NUMBER 81

SENATE CONCURRENT RESOLUTION–Directing the Division of State Parks of the State Department of Conservation and Natural Resources to assist persons and organizations interested in establishing a nonprofit foundation for state parks.

whereas, Nevada has experienced a dramatic increase in population during the last two decades; and

whereas, Many of the state parks require substantial renovation and improvements to accommodate the increased recreational needs of visitors and residents of this state; and

whereas, Many state parks in other states have been supported, in part, by foundations created as nonprofit organizations; and

whereas, Certain persons and organizations in this state have expressed interest in establishing a nonprofit foundation to maintain and improve the state parks in this state; and

whereas, Such a foundation would provide invaluable assistance in the development and improvement of state parks; and

whereas, Such a foundation would increase the general public’s awareness of the programs and facilities available in the state parks and encourage the residents of this state to provide personal and financial support for the preservation of areas and structures of historic or cultural significance within this state; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources is hereby directed to assist persons and organizations interested in establishing a foundation for state parks; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources.

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FILE NUMBER 82, SCR 15

Senate Concurrent Resolution No. 15–Committee on Government Affairs

FILE NUMBER 82

SENATE CONCURRENT RESOLUTION–Directing the Division of State Parks of the State Department of Conservation and Natural Resources to establish two plans to determine the order of priority for projects relating to the development and maintenance of state parks.

whereas, Nevada has experienced a dramatic increase in population during the last two decades; and

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ê1993 Statutes of Nevada, Page 3020 (FILE NUMBER 82, SCR 15)ê

whereas, Many of the state parks require substantial renovation and improvements to accommodate the increased recreational needs of visitors and residents of this state; and

whereas, The expansion and creation of state parks is a critical element in the management of the state parks; and

whereas, The establishment of plans to determine the order of priority for projects relating to the renovation, improvement, expansion and creation of state parks is essential for the efficient management of the state parks and for assisting the Legislature in determining the amount of the appropriation for state parks; now therefore, be it

1. A plan to determine the order of priority for the development and completion of projects relating to the renovation and improvement of state parks; and

2. A plan to determine the order of priority for the development and completion of projects relating to the expansion and creation of state parks; and be it further

resolved, That a copy of each plan be submitted to the Director of the Legislative Counsel Bureau for transmittal to the 68th session of the Nevada Legislature; and be it further

________

FILE NUMBER 83, SCR 36

Senate Concurrent Resolution No. 36–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 83

SENATE CONCURRENT RESOLUTION–Memorializing long-time Reno optician and philanthropist, George F. Hamilton.

whereas, This Legislature notes with profound sorrow the passing of George Hamilton, long-time Reno optician and highly respected community leader; and

whereas, George F. Hamilton was born on April 19, 1900, in Four Corners, Maryland, moving to Reno in 1938 where he began his successful practice as an optician, purchasing McInnis Opticians in 1954 and renaming it Hamilton Opticians; and

whereas, George Hamilton lived his life with an optimistic attitude and as he entered his 90’s he continued to work a 40-hour week at his firm; and

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ê1993 Statutes of Nevada, Page 3021 (FILE NUMBER 83, SCR 36)ê

whereas, Throughout his life George Hamilton devoted countless hours of volunteer work to community organizations including the Reno Host Lions Club where he served 49 years as secretary, the B.P.O. Elks Lodge No. 597 and the Medical Corps of the Kerak Temple of the Shrine; and

whereas, In recognition of the countless hours he served his community George Hamilton was named “Distinguished Citizen of the Year” in 1967 by the Greater Reno Chamber of Commerce, he received the Raymond I. Smith award as “Civic Leader of the Year” in 1978, and he was also named “Elk of the Year” in 1980 and “Citizen of the Year” in 1986 by the Reno Elks; and

whereas, George Hamilton is survived by his wife, Beatrice, sons, Fred C. Hamilton of Reno and Robert J. Hamilton of Sandpoint, Idaho, and a sister, Sarah Geraci of Silver Springs, Maryland; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature do hereby salute the memory of George Hamilton, a man who lived his life to the fullest without ever losing sight of the importance of a loving family and close friends; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Beatrice M. Hamilton.

________

FILE NUMBER 84, AR 8

Assembly Resolution No. 8–Committee on Elections and Procedures

FILE NUMBER 84

ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.

resolved by the assembly of the state of nevada, That April Carino is elected as an additional attache of the Assembly for the 67th session of the Legislature of the State of Nevada.

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FILE NUMBER 85, ACR 20

Assembly Concurrent Resolution No. 20–Committee on Health and Human Services

FILE NUMBER 85

ASSEMBLY CONCURRENT RESOLUTION–Encouraging employers to establish programs to promote employee wellness, physical fitness and the prevention of disease and accidents and to ensure a workplace that is free from the use of drugs.

whereas, The cost of health care for employees is frequently borne by their employers; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3022 (FILE NUMBER 85, ACR 20)ê

whereas, Evidence has increasingly demonstrated that the lifestyle of a person can significantly affect his health and, correspondingly, the cost of his health care; and

whereas, A program to ensure that employees do not work in an impaired condition resulting from the use of drugs is a key element in preventing accidents and protecting the safety of employees and customers; and

whereas, Programs to promote employee wellness, physical fitness and the prevention of disease and accidents often result in healthier lifestyles of employees with a corresponding reduction in medical claims filed by them; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature encourage all employers in this state to establish:

1. Programs to promote employee wellness, physical fitness and the prevention of disease and accidents; and

2. A program to ensure that employees work free of drugs that is based upon the model policy established by the Bureau of Alcohol and Drug Abuse of the Rehabilitation Division of the Department of Human Resources and contains provisions for the referral of employees to rehabilitation and counseling programs for the abuse of drugs and the dissemination of a list of available programs providing such treatment.

________

FILE NUMBER 86, AJR 17

Assembly Joint Resolution No. 17–Committee on Health and Human Services

FILE NUMBER 86

ASSEMBLY JOINT RESOLUTION–Urging Congress to enact legislation allowing states greater flexibility in designing and carrying out coordinated programs of health care without having to obtain certain waivers from the Federal Government.

whereas, The rising costs of health care have increased the costs of providing adequate coverage to persons who are eligible for medical assistance under the Medicaid Program; and

whereas, Coordinated health care programs that provide medical services from a selected group of providers of medical care at fixed rates reduce the costs of medical care without affecting the quality of that care; and

whereas, The provisions of Title XIX of the Social Security Act do not allow states the discretion or flexibility to design and carry out comprehensive coordinated programs of health care that require recipients of Medicaid to enroll in such programs; and

whereas, Widespread participation in and utilization of coordinated programs of health care may only be achieved by requiring recipients of Medicaid to enroll in coordinated programs of health care; and

whereas, Before a recipient of Medicaid may be required to enroll in a coordinated program of health care, waivers of freedom of choice, statewide applicability and comparability of services must be obtained from the Health Care Financing Administration; and

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ê1993 Statutes of Nevada, Page 3023 (FILE NUMBER 86, AJR 17)ê

applicability and comparability of services must be obtained from the Health Care Financing Administration; and

whereas, It requires a significant amount of time and cost to apply for, justify and receive such waivers and involves extensive reporting to the federal authorities; and

whereas, A waiver of freedom of choice must be renewed every 2 years; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to enact an amendment to Title XIX of the Social Security Act allowing states greater flexibility in designing and carrying out coordinated programs of health care without having to obtain waivers of freedom of choice, statewide applicability and comparability of services from the Federal Government; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of the 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.

________

FILE NUMBER 87, ACR 51

Assembly Concurrent Resolution No. 51–Committee on Elections and Procedures

FILE NUMBER 87

ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of the clergy for services rendered to the Assembly and Senate during the 67th 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 67th 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 $35 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 67th session of the Nevada Legislature.

________

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ê1993 Statutes of Nevada, Page 3024ê

FILE NUMBER 88, ACR 52

Assembly Concurrent Resolution No. 52–Assemblymen Anderson, Evans, Sader, Smith, Tiffany, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Dini, Ernaut, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Price, Regan, Scherer, Schneider, Segerblom, Spitler, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 88

ASSEMBLY CONCURRENT RESOLUTION–Congratulating Reed High School’s girls’ basketball team for winning the state “AAA” championship.

whereas, For the third straight year, Reed High School’s girls’ basketball team won its conference, zone and state championships in the “AAA” league; and

whereas, With the final win over the Elko “Indians,” the Reed “Raiders” captured not only the state championship but established a state record of 83 consecutive wins, under the inspired guidance of coaches Dick Allen and Ed Shepard; and

whereas, The “Raiders” include team members Kelly Ashby, Janel Chandler, Cristina Graham, Rasheeda Hardaway, Sarah Hayhoe, Kalani Lizares, Rebecca Rores, Laura Ross, Darci Shepley, Kelly Stevens and Vanessa Varela and team manager Tara Wilson; and

whereas, The exceptional accomplishments of this fine team serve as both a source of pride and inspiration, and as a reminder that this level of excellence can be achieved only through hard work and dedication; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th session of the Nevada Legislature extends its congratulations to the Reed High School’s girls’ basketball team upon winning for the third straight year, the 1992-1993 state “AAA” championship and for their outstanding winning streak of 83 games; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Tim Griffin, Principal of Reed High School, and Coach Ed Shepard.

________

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ê1993 Statutes of Nevada, Page 3025ê

FILE NUMBER 89, SCR 37

Senate Concurrent Resolution No. 37–Senators Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 89

SENATE CONCURRENT RESOLUTION–Memorializing long-time Nevada resident, Richard Williams.

whereas, The members of the Nevada Legislature were deeply saddened to learn of the recent passing of Richard Williams on January 26, 1993; and

whereas, Richard Williams was born on December 11, 1930, in San Francisco, California, to Mary and James Williams; and

whereas, He grew up in Carson City, graduated from Carson City High School in 1948, and the University of Nevada, Reno, in 1952, earning a Bachelor’s Degree in political science, and becoming a lifelong fan and supporter of the University’s Wolfpack; and

whereas, Richard Williams served his country as a member of the United States Army from 1955 to 1957; and

whereas, On August 9, 1958, Richard Williams and Carol Treat were married in Sutter, California, and from this marriage came three daughters, Nancy Benson, Roberta Bibee and Mary Williams; and

whereas, Richard Williams earned his Master’s Degree in Administration from San Jose State College in 1959, and after teaching school for 7 years, he was employed by the Department of Taxation of the State of Nevada for 30 years, retiring in 1986; and

whereas, Throughout his life, Richard Williams spent endless hours working on campaigns for Democratic candidates at the local, state and federal level and was a long-time member of the State and Carson City Democratic Central Committees; and

whereas, From 1986 to 1990 Richard Williams served on the Carson City Board of Equalization and from 1991 to 1993 he served on the State Review Board for Occupational Safety and Health Administration; and

whereas, Richard Williams will be remembered with highest regard by many Legislators who were fortunate to have worked with him during the 1987, 1989 and 1991 Legislative sessions; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature offer their sincere condolences to Richard Williams’ loving wife, Carol, daughters, Nancy, Roberta and Mary, brothers, Dr. William Berzman and James F. Williams and three granddaughters; and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3026 (FILE NUMBER 89, SCR 37)ê

resolved, That Richard Williams was a man whose kindness, sincerity and compassion touched his many friends throughout his life; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Carol Williams.

________

FILE NUMBER 90, SR 4

Senate Resolution No. 4–Committee on Legislative Affairs and Operations

FILE NUMBER 90

SENATE RESOLUTION–Adopting the condensation, explanation and arguments for Senate Joint Resolution No. 7 of the 66th session.

resolved by the senate of the state of nevada, That the condensation, explanation, arguments for and against and fiscal note for Senate Joint Resolution No. 7 of the 66th session shall read as follows:

Condensation (ballot question)

Shall the Nevada Constitution be amended 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?

Explanation

The Nevada Constitution now requires that the doors of each house of the Legislature be kept open during a session, except when the Senate sits in executive session. The proposed amendment would prohibit such closed meetings of the Senate, and further, would require that all legislative committee meetings be open to the public, except for those concerning certain personnel matters. Under this proposal, closed meetings could be held to consider the character, alleged misconduct, professional competence or physical or mental health of a person.

Arguments for Passage

The Legislature is not subject to the provisions of Nevada’s Open Meeting Law. Although it would be difficult to conduct a legislative session in an efficient manner and still comply with certain provisions of that law, it is essential that there be a guarantee in the Constitution that all legislative committee meetings, except personnel sessions, be open to the public. Likewise, the Constitutional provision which allows the Senate to conduct closed executive sessions should be repealed. It is in the best interests of Nevada and its citizens that meetings of legislative committees be open to public scrutiny.

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ê1993 Statutes of Nevada, Page 3027 (FILE NUMBER 90, SR 4)ê

Arguments Against Passage

The Legislature needs the flexibility to adapt to unforeseen circumstances. Although legislative committee meetings typically are open to the public, the need may arise to conduct a closed meeting. Also, no executive session of the Senate has been conducted over the past 100 years. This amendment to the Constitution is unnecessary.

Fiscal Note

Financial Impact-No. The proposal to amend the Nevada Constitution would require that meetings of legislative committees be open to the public. Because this is the current practice, the proposal would have no adverse fiscal impact.

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FILE NUMBER 91, SJR 6

Senate Joint Resolution No. 6–Committee on Natural Resources

FILE NUMBER 91

SENATE JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to take certain actions to reduce traffic congestion in the Lake Tahoe Basin.

whereas, Air pollution in the Lake Tahoe Basin provides a threat to the public health and to the natural beauty of the area; and

whereas, Air pollution can be decreased by decreasing the traffic congestion in the Lake Tahoe Basin; and

whereas, The further development of bicycle paths, bicycle lanes, sidewalks and other paths for riding bicycles and walking safely will encourage people to use alternatives to driving personal vehicles in the Lake Tahoe Basin; and

whereas, The further development of public transportation systems will encourage people to use such systems in the Lake Tahoe Basin; and

whereas, A parking system whose location encourages the use of public transportation systems would decrease the traffic congestion in the Lake Tahoe Basin; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Tahoe Regional Planning Agency to reduce the traffic congestion in the Lake Tahoe Basin by emphasizing:

1. The development of bicycle paths, bicycle lanes, sidewalks and other paths for riding bicycles and walking safely;

2. The development of an extensive public transportation system; and

3. The management of the location and amount of parking facilities and spaces;

and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3028 (FILE NUMBER 91, SJR 6)ê

resolved, That the Secretary of the Senate transmit a copy of this resolution to the governing body of the Tahoe Regional Planning Agency; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 92, SR 5

Senate Resolution No. 5–Senators Raggio, Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith and Townsend

FILE NUMBER 92

SENATE RESOLUTION–Inducting Carl Dodge 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

whereas, Carl F. Dodge served with distinction as a Senator from the Western Nevada Senatorial District for 22 years; and

whereas, Carl Dodge devoted much of his adult life serving the people of the State of Nevada in several different capacities and continues to be a leading expert in school finance, public employee collective bargaining, taxation, gaming regulation and ethics in government; now, therefore, be it

resolved by the senate of the state of nevada, That Senator Carl F. Dodge, a highly respected state leader who served this state with impeccable integrity, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

FILE NUMBER 93, SR 6

Senate Resolution No. 6–Senators Raggio, Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith and Townsend

FILE NUMBER 93

SENATE RESOLUTION–Inducting Helen Herr into the Senate Hall of Fame.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3029 (FILE NUMBER 93, SR 6)ê

whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and

whereas, Helen Herr was the first woman to be elected to the Nevada Senate, paving the way for more women to seek elective office in Nevada; and

whereas, Helen Herr represented Clark County for 8 years in the Assembly before becoming a Senator in 1967, an office she held for 10 years until 1976; and

whereas, While serving as a Senator, Helen Herr chaired the Committee on Transportation for four sessions and the Committee on State Institutions for two sessions; now, therefore, be it

resolved by the senate of the state of nevada, That Senator Helen Herr, whose 18 years of legislative service is the longest for any woman in Nevada’s history, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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FILE NUMBER 94, SR 7

Senate Resolution No. 7–Senators Raggio, Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith and Townsend

FILE NUMBER 94

SENATE RESOLUTION–Inducting William F. Dressler into the Senate Hall of Fame.

whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and

whereas, William F. Dressler represented Douglas County for 28 years, from 1919 until 1946, which is the longest service in the State in Nevada’s history; and

whereas, As a Senator, William Dressler chaired many important committees over the years including the Committee on Ways and Means (now Finance), the Committee on Public Lands and the Committee on Agriculture, Irrigation and Reclamation of Arid Lands; now, therefore, be it

resolved by the senate of the state of nevada, That William F. Dressler, a man who served his community and state with distinction for 28 years, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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ê1993 Statutes of Nevada, Page 3030ê

FILE NUMBER 95, SR 8

Senate Resolution No. 8–Senators Raggio, Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith and Townsend

FILE NUMBER 95

SENATE RESOLUTION–Inducting Charles Kaiser into the Senate Hall of Fame.

whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and

whereas, Charles Kaiser was born in Germany on December 8, 1829, moved to California in 1850 and settled in the Stillwater area of Churchill County from 1870 through 1897; and

whereas, Charles Kaiser, a successful business man and rancher, served as a representative of Churchill County in the Senate from 1879 until 1898, making him the only 19th century Nevada Legislator to have 20 years of legislative service; and

whereas, In 1897, he moved to Reno and served as the president of the Reno Land, Water and Light Company until his death in 1901; now, therefore, be it

resolved by the senate of the state of nevada, That Senator Charles Kaiser, a highly respected member of the Senate before the turn of the century, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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FILE NUMBER 96, ACR 12

Assembly Concurrent Resolution No. 12–Assemblymen Petrak, Regan, Bache, Bonaventura, Bennett, Schneider, Porter, Wendell Williams, Segerblom, Carpenter, Neighbors, Smith, Toomin, Augustine, Heller, Perkins, Hettrick, Price, Collins, Gregory, de Braga, Chowning, Scherer, Arberry, Spitler, Giunchigliani, Anderson, Haller, McGaughey, Sader, Evans, Garner, Lambert, Myrna Williams, Ernaut, Freeman, Gibbons, Marvel and Dini

FILE NUMBER 96

ASSEMBLY CONCURRENT RESOLUTION–Urging the Commissioner of Insurance to encourage insurers who issue policies of health insurance to offer policies with reduced premiums for selected limited coverage to certain persons.

whereas, Women and men face special difficulties in obtaining affordable health insurance; and

whereas, The growing number of single, widowed, divorced or separated persons are more likely to be uninsured than married persons; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3031 (FILE NUMBER 96, ACR 12)ê

whereas, An increasing number of persons in the labor force are involved in part-time work or service and retail occupations, which frequently provide little or no health insurance; and

whereas, Reductions in federal and state assistance programs have resulted in eliminating some persons from the Medicaid rolls; and

whereas, The cost of health care continues to grow at two to three times the rate of the rest of the economy, pushing the cost of premiums for health insurance ever higher; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Commissioner of Insurance is hereby urged to encourage insurers who deliver or issue for delivery polities of health insurance in this state to offer policies to persons over 50 years of age with reduced premiums for selected limited coverage; and be it further

resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Commissioner of Insurance.

________

FILE NUMBER 97, ACR 35

Assembly Concurrent Resolution No. 35–Assemblymen Evans, Anderson, Toomin, Giunchigliani, Haller, Freeman, McGaughey, Garner, Bache, Price, Spitler, Perkins, Petrak, Regan, Smith, Kenny, Augustine, de Braga, Ernaut, Neighbors, Chowning, Bennett, Wendell Williams, Segerblom, Gibbons, Humke, Myrna Williams, Hettrick, Arberry, Sader, Tiffany, Marvel, Heller, Lambert, Porter, Gregory, Scherer, Collins, Schneider and Dini

FILE NUMBER 97

ASSEMBLY CONCURRENT RESOLUTION–Establishing goals for the prevention of child abuse and neglect in Nevada and commending Nevada’s Committee for the Protection of Children.

whereas, Every child has the right to grow up in a safe and nurturing environment; and

whereas, All children are not currently afforded this right as evidenced by the fact that the number of child abuse and neglect reports in Nevada increased by 234 percent from 3,851 in 1981 to 12,858 in 1991, and the number of reports continues to rise; and

whereas, One of the most effective ways to stem the tide of the increasing number of cases of child abuse and neglect is by strengthening and supporting family relationships and

whereas, The best strategy for combatting child abuse is prevention and prevention of child abuse is the responsibility of every Nevadan; and

whereas, A plan which sets forth goals and objectives is needed to coordinate the efforts of all Nevadans to prevent child abuse and neglect; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby declares that Nevada’s goals for the prevention of child abuse and neglect are:

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ê1993 Statutes of Nevada, Page 3032 (FILE NUMBER 97, ACR 35)ê

1. To educate the public so that every Nevadan will:

(a) Know the existence of the problem and its implications;

(b) Know how child abuse can be prevented and what individuals can do to make a difference; and

2. To build a more complete body of knowledge in Nevada about the prevention of child abuse including information identifying the best and most cost-effective methods of preventing child abuse;

3. To make important child abuse prevention services available so that all:

(a) New parents in Nevada will receive parenting and prevention education and support;

(b) Children, adolescents and young adults in Nevada will receive education concerning the prevention of child abuse;

(d) Victims and survivors of child abuse will have access in Nevada to self-help groups and other support services;

4. To improve public and private sector policies for the prevention of child abuse so that:

(a) A statewide voice for the protection of children will be heard;

(b) The policies for the prevention of child abuse of the public and private sectors will be promoted; and

5. To develop a statewide network of organizations for the prevention of child abuse to:

(a) Provide all Nevadans with the opportunity to become involved in the prevention of child abuse; and

(b) Ensure that the voice that speaks for the prevention of child abuse at the state level reflects the needs and concerns of all Nevadans;

and be it further

resolved, That all state agencies and community organizations are urged to offer support and guidance to those persons who are committed to ensuring that these goals are met; and be it further

resolved, That this body hereby commends Nevada’s Committee for the Protection of Children for their dedication to Nevada’s families; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Nevada’s Committee for the Protection of Children.

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ê1993 Statutes of Nevada, Page 3033ê

FILE NUMBER 98, ACR 54

Assembly Concurrent Resolution No. 54–Assemblymen Evans, Wendell Williams, Freeman, Smith, Lambert, Bache, Tiffany, Anderson, Scherer, Chowning, McGaughey, Haller, Gregory, Bennett, Marvel, Carpenter, Segerblom, Myrna Williams, Gibbons, de Braga, Petrak, Bonaventura, Hettrick, Regan, Neighbors, Perkins, Heller, Humke, Toomin, Spitler, Arberry, Sader, Schneider, Augustine, Porter, Price, Dini, Garner, Kenny, Collins and Ernaut

FILE NUMBER 98

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 11 years the Foundations of the Milken Families have awarded in excess of $160,000,000 in grants and commitments in support of education, community services, health care and medical research, human welfare and other areas; and

whereas, Because the Foundation’s core belief is that the future belongs to the educated, nearly one-half of their grants are for education; and

whereas, In recognition of the importance of dedicated and innovative educators, the Milken Family Foundation established the “Milken Family Foundation National Educator Awards Program”; and

whereas, As of March 28, 1993, the Program has presented individual prizes of $25,000 to outstanding educators in 20 states across the country; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That members of the 67th session of the Legislature of the State of Nevada hereby commend the 12 educators from Nevada who have been the recipients of the $25,000 awards from the Milken Family Foundation in 1991 and 1992; and be it further

resolved, That the following educators should be recognized and congratulated for their contributions to the children of this state: 1991 Award Recipients – Norlene Adams, Northside Elementary School, Churchill County; Elizabeth Asteriadis, Lois Allen Elementary School, Washoe County; Frank Brusa, Las Vegas High School, Clark County; Tamiko Christmas, Bonanza High School, Clark County; Phyllis Darling, District Office, Clark County; Vee Wilson, Grant Bowler Elementary School, Clark County; and be it further

resolved, That the following educators should be recognized and congratulated for their contributions to the children of this state: 1992 Award Recipients – Shirley Barber, Mabel Hoggard Elementary School, Clark County; Marilyn Cook, Zephyr Cove Elementary School, Douglas County; Peggy Gant, Sparks High School, Washoe County; Jeffrey Norris, Sparks High School, Washoe County; Elaine Sherman, District Office, Clark County; John Snyder, Cimarron-Memorial High School, Clark County.

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ê1993 Statutes of Nevada, Page 3034ê

FILE NUMBER 99, ACR 56

Assembly Concurrent Resolution No. 56–Assemblymen Hettrick, Lambert, Augustine, Tiffany, Carpenter, McGaughey, Gibbons, Gregory, Heller and Marvel

FILE NUMBER 99

ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada Federation of Republican Women for their public service.

whereas, In 1947, Nevada Republican women recognized the power of women in politics and initially formed the Republican Women of Las Vegas; and

whereas, By 1950, this organization had grown to include women from all parts of Nevada and thus the name was changed to Nevada Federation of Republican Women, with Lucie Humphrey of Reno elected to be the first president of the newly founded statewide organization; and

whereas, Members of this organization are energetic and active and offer guidance and support for Republican candidates who choose to run for local, state or national offices; and

whereas, The Nevada Federation of Republican Women also have dedicated many hours in outreach programs for minorities and youth in their communities; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature recognize the important role the Nevada Federation of Republican Women have played in politics and do hereby commend this organization for its public service; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Paula Schlegelmilch, President for the 1993-1995 biennium.

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Assembly Joint Resolution No. 24 of the 66th Session–Committee on Government Affairs

FILE NUMBER 100

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.

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ê1993 Statutes of Nevada, Page 3035 (FILE NUMBER 100, AJR 24 of the 66th Session)ê

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

(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.

________

FILE NUMBER 101, ACR 58

Assembly Concurrent Resolution No. 58–Committee on Elections and Procedures

FILE NUMBER 101

ASSEMBLY CONCURRENT RESOLUTION–Welcoming Senad Hrustanovic to Nevada and commending him on his efforts to promote trade between Nevada and Bosnia-Herzegovina.

whereas, The members of the Nevada Legislature wish to extend their warmest greetings to Mr. Senad Hrustanovic on his return visit to the State of Nevada from May 17 through May 20, 1993; and

whereas, Senad Hrustanovic initially visited this state in 1990 as a guest of the International Visitors Council of Northern Nevada and the International Visitors Program of the United States Department of State while serving as Deputy Secretary of Finance and Department Manager of the Republican Secretariat of Finance for the Republic of Bosnia-Herzegovina; and

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ê1993 Statutes of Nevada, Page 3036 (FILE NUMBER 101, ACR 58)ê

whereas, The members of this legislative body are saddened by the tragic loss of life now occurring in Mr. Hrustanovic’s homeland; and

whereas, The people of the State of Nevada strongly support efforts to bring peace to this region in hopes that once again Nevada and the former states of the Yugoslav federation can pursue mutually beneficial economic development projects; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature welcome Mr. Senad Hrustanovic to the State of Nevada and commend him on his efforts to promote trade between Nevada and the region that includes his homeland, Bosnia-Herzegovina; and be it further

resolved, That Senad Hrustanovic extend to the people of his homeland the fervent desire of all Nevadans that peace will come to his region so that these two areas of the world can work together on issues of trade and economic development; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Senad Hrustanovic.

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FILE NUMBER 102, ACR 31

Assembly Concurrent Resolution No. 31–Committee on Government Affairs

FILE NUMBER 102

ASSEMBLY CONCURRENT RESOLUTION–Urging local governments to take certain action relating to the safety of school zones.

whereas, The safety of Nevada’s school children is of paramount importance to the residents of this state; and

whereas, Many children must cross busy streets and major intersections on their way to school which increases the potential for their involvement in an accident; and

whereas, NRS 484.366 provides that a “person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone”; and

whereas, Many motorists do not see signs on major streets and highways that require this reduced speed; and

whereas, Although motorists respond better to signs with flashing lights, it is not economically feasible to install such lights on all signs; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That local governments are urged to identify those school zones in congested areas that would benefit from the installation of flashing yellow lights; and be it further

resolved, That as an alternative to flashing yellow lights in less congested areas, local governments are urged to post school zone speed limit signs that exceed minimum size requirements; and be it further

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ê1993 Statutes of Nevada, Page 3037 (FILE NUMBER 102, ACR 31)ê

resolved, That local governments are urged to establish advisory committees of parents and other interested persons to work in cooperation with the Department of Transportation in designating school zones, identifying those school zones that would benefit from flashing yellow lights or enlarged signs and to assist with other issues relating to traffic safety; 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 Transportation and each county school district, board of county commissioners and city council in this state.

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FILE NUMBER 103, SJR 18

Senate Joint Resolution No. 18–Committee on Natural Resources

FILE NUMBER 103

SENATE JOINT RESOLUTION–Urging the United States Fish and Wildlife Service, Secretary of Agriculture and Secretary of the Interior to expedite a recovery plan for the 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; and

whereas, The Endangered Species Act, 16 U.S.C. §§ 1531, et seq., requires the Secretary of the Interior to develop and implement recovery plans for all species which are classified as endangered or threatened; and

whereas, The United States Congress, pursuant to Public Law 101-618, directed the Secretary of the Interior to revise, update and implement, in an expeditious manner, recovery plans for the threatened population of the Lahontan cutthroat trout in Pyramid Lake and the lower Truckee River; and

whereas, Geographically fragmented populations of Lahontan cutthroat trout are found in various subbasins in the river systems of northern Nevada; and

whereas, The finalization and implementation of that plan for the recovery of the Lahontan cutthroat trout is vital not only to the recovery and preservation of the threatened populations of the trout, but also to the legitimate use and enjoyment of the public and private lands in Nevada; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the United States Fish and Wildlife Service to complete the final recovery plan for the Lahontan cutthroat trout as soon as possible after the period for public comment; and be it further

resolved, That the Nevada Legislature urges that the United States Fish and Wildlife Service be directed to:

1. Cooperate, coordinate and take into careful consideration on a site-specific basis not only all public comment, but also all persons, businesses and governmental entities affected by the recovery plan;

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ê1993 Statutes of Nevada, Page 3038 (FILE NUMBER 103, SJR 18)ê

2. Cooperate, coordinate and consult conscientiously with and use scientific research developed by institutions in the Great Basin and Intermountain scientific community; and

3. Include in the final plan the mechanism for the systematic delisting of each Lahontan cutthroat trout subbasin population which meets reasonable recovery criteria;

and be it further

resolved, That the Nevada Legislature urges the Secretary of Interior and the Secretary of Agriculture to ensure the interagency cooperation necessary to effect the speedy, judicious and proper implementation in the field of the plans for the management of fisheries and the reintroduction of the Lahontan cutthroat trout; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture and the Secretary of Interior; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 104, SCR 38

Senate Concurrent Resolution No. 38–Senators Coffin, Adler, Brown, Callister, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 104

SENATE CONCURRENT RESOLUTION–Memorializing renowned journalist and founder and owner of the Las Vegas Sun, Hank Greenspun.

whereas, The State of Nevada suffered a great loss with the death of Herman M. “Hank” Greenspun on July 22, 1989; and

whereas, This giant of a man was born in Brooklyn, New York, on August 27, 1909, and spent most of his childhood in New Haven, Connecticut; and

whereas, Hank Greenspun attended St. John’s College and graduated from St. John’s School of Law with an L.L.B. in 1934; and

whereas, Hank Greenspun was a member of the New York Bar Association, practiced law in Republican Congressman Vito Marcantonio’s New York office, and was active in the election campaigns of Mayor Fiorello La Guardia of New York and Thomas E. Dewey; and

whereas, In 1941, Hank Greenspun enlisted in the United States Army as a private, was awarded the Croix de Guerre with Silver Star in the Battle of Falaise Gap, received commendations from General Dwight D. Eisenhower and was promoted to the rank of Major by the time he completed his service in 1946; and

whereas, During the War of Independence in 1948, Hank Greenspun organized a successful, albeit daring, gun-smuggling operation for the Jewish Underground in Israel, became a national hero, was cited by Prime Minister David Ben Gurion for his extraordinary service and for his efforts was charged with violating the United States Neutrality Act, although he later received a full pardon from President John F.

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ê1993 Statutes of Nevada, Page 3039 (FILE NUMBER 104, SCR 38)ê

David Ben-Gurion for his extraordinary service and for his efforts was charged with violating the United States Neutrality Act, although he later received a full pardon from President John F. Kennedy; and

whereas, Because of his knowledge of Middle Eastern affairs and his leadership role in the American-Jewish community, he became a confidant of leaders from the United States and Israel, helping to forge the strong and enduring bond of friendship between the two allies; and

whereas, During World War II, while stationed in Ireland awaiting the invasion of Europe, Hank Greenspun met and married Barbara Joan Ritchie of Dublin, and out of this 45-year-marriage came sons Brian and Danny, daughters, Susan Fine and Janie Gale and 10 grandchildren; and

whereas, In 1946, Hank Greenspun moved to Las Vegas where, among his various enterprises, he published the Las Vegas Life magazine and was involved in public relations work for the Desert Inn Hotel and the Flamingo Hotel; and

whereas, In 1950, Hank Greenspun purchased the Las Vegas Free Press, a small weekly newspaper published by members of the typographical union who had been locked out by the Review Journal, and renamed the publication the Las Vegas Sun, which became one of Nevada’s leading newspapers; and

whereas, Hank Greenspun put Nevada journalism on the map when he courageously challenged the powerful witch-hunting Senator from Wisconsin, Joe McCarthy, by demanding that he “show us your proof,” a move that ultimately led to the downfall of the demagogue; and

whereas, Hank Greenspun was industrious and a hard worker, founding KRAM radio in Boulder City, Nevada, KLAS-TV, the first commercial television station in Las Vegas, and Prime Cable TV, the first cable-television company in Southern Nevada; and

whereas, Throughout his life he was honored for his excellence in journalism, receiving the Outstanding Journalist Award of JWV, American Legion Auxiliary Award for the best youth program in America, American Legion Award for editorials, seven annual community service awards, best column award and the Silver Makeup Rule from the Nevada State Press Association; and

whereas, Hank Greenspun was a member and past president of the Nevada State Press Association and a member of the Sigma Delta Chi, Las Vegas Press Club, Overseas Press Club, American Newspaper Publisher’s Association, American Society of Newspaper Editors and California Newspaper Publisher’s Association; and

whereas, He also was a member of the International Platform Association, Friar’s Club, Variety Club, Veterans of Foreign Wars, Disabled American Veterans and American Legion; and

whereas, For his many years of service to the State of Nevada and to his community, Hank Greenspun received the honorary degree of Doctor of Humane Letters from the University of Nevada, Las Vegas, in 1977; and

whereas, Hank Greenspun was perhaps best known by Nevadans for his “Where I Stand” column in the Las Vegas Sun, wherein he spoke directly and honestly about issues facing the State of Nevada;

whereas, Hank Greenspun was a man of principle who followed his dreams which led him to Las Vegas where he became a man of unbending conviction who was always a courageous fighter for human rights; now, therefore, be it

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ê1993 Statutes of Nevada, Page 3040 (FILE NUMBER 104, SCR 38)ê

conviction who was always a courageous fighter for human rights; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature express their sincere gratitude for Hank’s life of public service in Nevada and convey their admiration and condolences to Hank’s wife, Barbara, and to his family; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Barbara Greenspun.

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FILE NUMBER 105, ACR 60

Assembly Concurrent Resolution No. 60–Assemblymen Anderson, Evans, Marvel, Sader, Giunchigliani, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Dini, Ernaut, Freeman, Garner, Gibbons, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Neighbors, Perkins, Petrak, Porter, Price, Regan, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 105

ASSEMBLY CONCURRENT RESOLUTION–Memorializing Nevada native and educator, Luis Esteban Justino Mendive.

whereas, The Nevada Legislature notes with sorrow the passing of Nevada native, Luis Esteban Justino Mendive; and

whereas, Luis Esteban Justino Mendive was born on April 15, 1925, in Battle Mountain, graduating from Battle Mountain High School in 1943; and

whereas, Luis Mendive received his Bachelor’s Degree in 1950, and his Master’s Degree in 1958, from the University of Nevada, Reno; and

whereas, While attending the University of Nevada, Reno, Luis Mendive was a member of the Nevada Delta Iota Chapter of Alpha Tau Omega Fraternity and Phi Kappa Phi; and

whereas, Luis Mendive taught school in Carlin, Nevada, from 1950 to 1952, was a teacher and coach at Sparks High School from 1952 to 1956, was the principal of Robert Mitchell School from 1956 to 1961 and was the principal of Sparks Middle School from 1961 until his retirement in 1980; and

whereas, Luis Mendive was involved in education for over 30 years and this dedication gained him the respect and admiration of the many pupils whose lives he influenced; and

whereas, Luis Mendive was past President of the Washoe County School Administrators, a member of the Board of Directors of the Nevada State Educational Commission and a member of the Nevada Parent Teacher’s Association; and

whereas, He was also a member of both the Reno Men’s and Reno Senior’s Golf Clubs, past Chairman of the Sparks Civil Service Board, and a member of the Sparks Toastmaster’s Club, and he worked with the Sparks Heritage Foundation and Museum; now, therefore, be it

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ê1993 Statutes of Nevada, Page 3041 (FILE NUMBER 105, ACR 60)ê

member of the Sparks Toastmaster’s Club, and he worked with the Sparks Heritage Foundation and Museum; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature extend their sincere condolences to Luis Mendive’s wife and family; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Luis Mendive’s wife, Shirley Williams Mendive.

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FILE NUMBER 106, SJR 25

Senate Joint Resolution No. 25–Committee on Judiciary

FILE NUMBER 106

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 respectively as follows:

Sec. 3A. 1. The court of appeals consists of three judges or such greater number as the legislature may provide by law. If the number of judges is so enlarged, the supreme court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.

2. Except as otherwise provided in this subsection, the judges of the court of appeals shall be elected by the qualified electors of the state, at the general election, for terms of 6 years beginning on the first Monday of January next after the election. The initial three judges must be appointed by the governor from among three nominees selected for each individual seat by the commission on judicial selection, and must be appointed for terms of 2 years, 4 years and 6 years, respectively, which must be separately specified in their appointments. In any increase or reduction of the number of judges, the legislature shall provide initial terms of 6 or fewer years so that one-third of the total number of judges, as nearly as may be, is elected every 2 years.

3. The chief justice of the supreme court shall appoint one of the judges of the court of appeals to be 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.

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.

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ê1993 Statutes of Nevada, Page 3042 (FILE NUMBER 106, SJR 25)ê

Sec. 4. 1. 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 of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the supreme court and judge of the court of appeals may issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody [,] in this state, and may make such writs returnable [, before himself] before the issuing justice or judge, or the [supreme court,] court of which the justice or judge is a member, or before any district court in the state or [before] any judge of [said courts.] a district court.

2. 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 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. 1. 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.

2. 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.

3. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts, and such other Courts [,] as the Legislature shall designate, shall be Courts of Record.

Sec. 11. The justices of the supreme court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed; and all elections or appointments of any such judges by the people, legislature, or otherwise, during said period, to any office other than judicial, [shall be] are void.

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ê1993 Statutes of Nevada, Page 3043 (FILE NUMBER 106, SJR 25)ê

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 period, to any office other than judicial, [shall be] are void.

[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and 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 associate justice designated by him;

(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

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

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. 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.

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ê1993 Statutes of Nevada, Page 3044 (FILE NUMBER 106, SJR 25)ê

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

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.

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

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ê1993 Statutes of Nevada, Page 3045 (FILE NUMBER 106, SJR 25)ê

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;

(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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ê1993 Statutes of Nevada, Page 3046 (FILE NUMBER 106, SJR 25)ê

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 operated until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.

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FILE NUMBER 107, AJR 3

Assembly Joint Resolution No. 3–Committee on Government Affairs

FILE NUMBER 107

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to increase its protection of scenery, consider the future demand for outdoor recreation, continue to authorize the appropriate expansion of residential development and avoid damage to the economy in the Lake Tahoe Basin.

whereas, The deterioration of scenery in the Lake Tahoe Basin would detract from its unique nature and adversely affect the quality of life there; and

whereas, The lack of objective criteria to evaluate the effect of proposed projects on the scenery of the Lake Tahoe Basin has hampered the ability of the Tahoe Regional Planning Agency to adopt stronger measures for the protection of that scenery; and

whereas, The recent completion of a study of the management of scenery has provided the Tahoe Regional Planning Agency with the objective criteria necessary to strengthen its efforts to protect the scenery of the Lake Tahoe Basin; and

whereas, The environmental quality of the Lake Tahoe Basin could be adversely affected by the future demand for outdoor recreation; and

whereas, The Tahoe Regional Planning Agency, through its participation in the Tahoe Coalition of Recreation Providers, has the means to analyze the future demand for outdoor recreation and develop a plan for coping with that demand; and

whereas, The environmental quality of the Lake Tahoe Basin could be adversely affected by the development of environmentally sensitive parcels of land; and

whereas, The Tahoe Regional Planning Agency has developed an individual parcel evaluation system to evaluate the environmental sensitivity of parcels of land and establish appropriate priorities for the residential development of parcels in the Lake Tahoe Basin; and

whereas, Through the use of its individual parcel evaluation system, the Tahoe Regional Planning Agency has been able to authorize the expansion of residential development to more environmentally sensitive parcels of land in the Lake Tahoe Basin without further detriment to the environment, thereby allowing additional people to build houses in the Lake Tahoe Basin; and

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ê1993 Statutes of Nevada, Page 3047 (FILE NUMBER 107, AJR 3)ê

the Lake Tahoe Basin without further detriment to the environment, thereby allowing additional people to build houses in the Lake Tahoe Basin; and

whereas, Lake Tahoe and its natural environment are the Lake Tahoe Basin’s greatest economic assets, and regional cooperation is essential to achieving economic improvement and environmental restoration; and

whereas, The economy of the Lake Tahoe Basin may be affected by activities of the Tahoe Regional Planning Agency; and

whereas, The Tahoe Regional Planning Agency, through its participation in the Lake Tahoe Economic Roundtable, has resources available to obtain the economic data necessary to ascertain whether and to what extent its activities affect the economy of the Lake Tahoe Basin, and to determine the appropriate measures to avoid damage to that economy; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Tahoe Regional Planning Agency to:

1. Adopt stronger measures to protect the scenery in the Lake Tahoe Basin;

2. Analyze the future demand for outdoor recreation in the Lake Tahoe Basin, devise a method for incorporating that information into the Tahoe Regional Plan and report to the 68th session of the Nevada Legislature the results of that analysis and the method devised;

3. Continue its current activities for authorizing the appropriate expansion of residential development in the Lake Tahoe Basin to more environmentally sensitive parcels of land without further detriment to the environment by establishing priorities through its individual parcel evaluation system; and

4. Continue its involvement in the Lake Tahoe Economic Roundtable and consider such measures as are appropriate to avoid damage to the economy of the Lake Tahoe Basin;

and be it further

resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the governing body of the Tahoe Regional Planning Agency; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 3048ê

FILE NUMBER 108, AJR 7

Assembly Joint Resolution No. 7–Assemblymen Petrak, Dini, Segerblom, Neighbors, Hettrick, Bonaventura, Augustine, Bennett, Collins, Arberry, Chowning, Spitler, Marvel, Humke, Regan, Myrna Williams, Kenny, Gibbons, Anderson, Price, Heller, Perkins, Toomin, Freeman, Scherer, Schneider, Giunchigliani, Bache, Wendell Williams, Gregory, Smith, McGaughey, Evans, Porter, Sader and Carpenter

FILE NUMBER 108

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 person 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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ê1993 Statutes of Nevada, Page 3049ê

FILE NUMBER 109, AJR 16

Assembly Joint Resolution No. 16–Assemblymen Augustine, Gregory, Heller, Tiffany, Ernaut, Schneider, Bennett, Wendell Williams, de Braga, Regan, Perkins, Collins, Price, Spitler, Arberry, Garner, Sader, Freeman, Smith, Lambert, Bache, Anderson, Scherer, Chowning, Haller, McGaughey, Marvel, Evans, Porter, Myrna Williams, Kenny, Giunchigliani, Gibbons, Toomin, Humke, Carpenter, Neighbors, Segerblom, Petrak, Hettrick, Dini and Bonaventura

FILE NUMBER 109

ASSEMBLY JOINT RESOLUTION–Urging Congress to pass legislation prohibiting each state from imposing an income tax on the income from a pension of any person who is not a resident of that state.

whereas, Nevada is one of the fastest growing states in the union; and

whereas, The continuous influx of persons into this state promotes a growing, healthy and diversified economy; and

whereas, Many persons who migrate into this state are retired and live on limited and fixed incomes; and

whereas, Many of these persons retire to Nevada with the expectation of being exempt from any state income tax and have planned their finances accordingly; and

whereas, For many of these persons, the income that they earn from their pension, savings and other investments is barely sufficient to pay their expenses and offset inflation; and

whereas, Other states have enacted legislation that authorizes the imposition of an income tax on income from a pension that originates in those states, even if the person who earns the income resides in another state; and

whereas, As a result, many persons who have retired to Nevada are required to pay income tax imposed by other states on the income from their pension; and

whereas, These laws have placed an unexpected and often insurmountable financial burden on many of these persons; and

whereas, United States Representative Barbara Vucanovich has introduced a bill in the House of Representatives, H.R. 702 of the 103d Congress, 1st Session (1993), which would prohibit each state from imposing an income tax on the income from a pension of any person who is not a resident of that state; and

whereas, United States Senator Harry Reid has introduced a similar bill in the Senate, S. 235 of the 103d Congress, 1st Session (1993); 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 pass H.R. 702 or S. 235 of the 103d Congress, 1st Session (1993), which would prohibit each state from imposing an income tax on the income from a pension of any person who is not a resident of that state; and be it further

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ê1993 Statutes of Nevada, Page 3050 (FILE NUMBER 109, AJR 16)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 110, AJR 23

Assembly Joint Resolution No. 23–Assemblymen Heller, Smith, Hettrick, Chowning, Segerblom, Perkins, Bonaventura, de Braga, Kenny, Anderson, Humke, Lambert, Augustine, Collins, Arberry, Scherer, Garner, Bennett, Myrna Williams, Giunchigliani, Porter, Bache, Marvel, Spitler, Ernaut, Evans, McGaughey, Dini, Tiffany, Neighbors, Petrak, Price, Freeman, Schneider, Gregory, Carpenter, Toomin, Haller, Gibbons, Regan, Wendell Williams and Sader

FILE NUMBER 110

ASSEMBLY JOINT RESOLUTION–Urging Congress to establish uniform hours for the closing of polls across the nation in elections for national officers.

whereas, The right to vote is considered a fundamental right in the United States, the exercise of which should not be discouraged; and

whereas, The hours for the opening and closing of the polls in elections for national officers are determined by the individual states and vary greatly based upon the particular needs of each state; and

whereas, Voters who reside in states located within times zones in the western portion of the United States often learn of election results in states located within time zones in the eastern portion of the United States before the close of the polls in their own states; and

whereas, Such election results may indicate that a candidate has an overwhelming lead over an opposing candidate, thereby creating the impression that the vote of one person is futile or of little consequence and discouraging some voters from exercising their right to vote; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges Congress to enact legislation which establishes uniform hours for the closing of polls across the nation in elections for national officers; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 3051ê

FILE NUMBER 111, SCR 11

Senate Concurrent Resolution No. 11–Committee on Human Resources and Facilities

FILE NUMBER 111

SENATE CONCURRENT RESOLUTION–Urging the Board of Regents of the University of Nevada System to develop and adopt alternative methods for receiving a master’s degree which accommodate the problems facing persons who are blind or deaf or suffer from other physical or learning disabilities.

whereas, Higher education is both important and beneficial to the residents of the State of Nevada; and

whereas, All residents of the State of Nevada should be afforded the opportunity to achieve their fullest potential by receiving a master’s degree from the University of Nevada; and

whereas, A significant number of persons enrolled in a master’s degree program at the University of Nevada are blind or deaf or suffer from other physical or learning disabilities which impede their ability to perform, but in no way reflect upon their capacity to earn a master’s degree; and

whereas, Existing master’s degree programs often employ methods of teaching and testing which adversely affect such persons and impede their ability to complete the programs successfully; 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 urged to develop and adopt alternative methods of earning a master’s degree which accommodate and specifically address the problems facing persons who are blind or deaf or suffer from other physical or other learning disabilities; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chancellor and the members of the Board of Regents of the University of Nevada System.

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ê1993 Statutes of Nevada, Page 3052ê

FILE NUMBER 112, ACR 61

Assembly Concurrent Resolution No. 61–Assemblymen Anderson, Dini, Evans, Gibbons, Gregory, Heller, Bache, Porter, Arberry, Ernaut, Collins, Hettrick, Carpenter, Petrak, Regan, Segerblom, Neighbors, Bonaventura, Giunchigliani, Haller, Tiffany, Bennett, Augustine, de Braga, Toomin, Scherer, Lambert, McGaughey, Freeman, Wendell Williams, Spitler, Chowning, Kenny, Perkins, Marvel, Price, Smith, Garner, Humke, Myrna Williams and Sader

FILE NUMBER 112

ASSEMBLY CONCURRENT RESOLUTION–Memorializing the former coach at Sparks High School, Edwin “Tip” Whitehead.

whereas, It is with sorrow and regret that the members of the 67th session of the Nevada Legislature note the passing of Edwin “Tip” Whitehead on November 18, 1991; and

whereas, Edwin Francis Whitehead was born in Goldfield, Nevada, on April 28, 1908, to John and Josephine O’Brien Whitehead; and

whereas, Edwin Whitehead attended the University of Nevada, Reno, from 1925 to 1928, where he played basketball for 3 years and was the quarterback for the football team for two seasons; and

whereas, In 1977, in honor of his outstanding athletic ability, Edwin “Tip” Whitehead was inducted into the Athletic Hall of Fame at the University of Nevada, Reno; and

whereas, After graduation from college in 1930, Edwin “Tip” Whitehead began his 50-year career in education at Fernley High School, coaching the Vaquero basketball team for 7 years and leading the team to the “B” Division state championship in 1937; and

whereas, In 1938, Edwin “Tip” Whitehead moved to Sparks where he coached the football, basketball and track teams for 11 years at Sparks High School, leading the “Railroaders” football team to a 1948 state championship; and

whereas, Edwin “Tip” Whitehead continued in education as a principal at Sparks High School for the next 10 years until 1958 when he returned to the classroom to teach for another 12 years until his retirement in 1970; and

whereas, As a tribute to the many years he spent improving the sports program at Sparks High School, the football field was renamed “Tip Whitehead Field” on November 3, 1961; and

whereas, Edwin “Tip” Whitehead was a member of the Washoe County Teachers Association, National Retired Teachers Association, Sparks Heritage Group, University of Nevada Block N Society, Tau Omega Fraternity and Holy Cross Catholic Church; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature do hereby pay tribute to the memory of Edwin “Tip” Whitehead, a man who dedicated 50 years toward the betterment of students as a coach, teacher, principal and, most importantly, friend; and be it further

resolved, That this legislative body extends its heartfelt sympathy to the family of Edwin “Tip” Whitehead; and be it further

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ê1993 Statutes of Nevada, Page 3053 (FILE NUMBER 112, ACR 61)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Edwin “Tip” Whitehead’s wife, Gretchen Whitehead, and their daughter, JoAnn West.

________

Senate Joint Resolution No. 21 of the 66th Session–Committee on Commerce and Labor

FILE NUMBER 113

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. 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.

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ê1993 Statutes of Nevada, Page 3054 (FILE NUMBER 113, SJR 21 of the 66th Session)ê

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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FILE NUMBER 114, ACR 16

Assembly Concurrent Resolution No. 16–Committee on Education

FILE NUMBER 114

ASSEMBLY CONCURRENT RESOLUTION–Supporting the national educational goals established by President Bush, as modified for the State of Nevada.

whereas, The Nevada Legislature recognizes the importance of providing high quality education for its residents; and

whereas, In 1991, President Bush released an educational strategy called “America 2000” which contains six long-term national educational goals; and

whereas, These national goals were established to emphasize the importance of education to the success of the United States and to encourage states to raise their educational standards; and

whereas, The national educational goals have been modified for the State of Nevada and provide that by the year 2000:

1. All children in this state will start school ready to learn;

2. The high school graduation rate in this state will be at least 90 percent;

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ê1993 Statutes of Nevada, Page 3055 (FILE NUMBER 114, ACR 16)ê

3. Students in this state will have demonstrated competency in challenging subject matter, and every school will ensure that students use their minds well;

4. Students in this state will be ranked in the top 10 percent of the nation in mathematics and science achievement;

5. Every school in this state will be free of drugs and violence and offer a disciplined learning environment; and

6. Every adult in this state will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature support the national educational goals as modified for the State of Nevada; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the State Board of Education.

________

FILE NUMBER 115, AJR 27

Assembly Joint Resolution No. 27–Assemblymen de Braga, Perkins, Regan, Collins, Spitler, Arberry, Price, Garner, Smith, Lambert, Bache, Anderson, Chowning, Haller, McGaughey, Evans, Marvel, Porter, Gregory, Bennett, Wendell Williams, Augustine, Bonaventura, Segerblom, Carpenter, Neighbors, Schneider, Myrna Williams, Giunchigliani, Kenny, Gibbons, Toomin, Freeman, Sader, Hettrick and Petrak

FILE NUMBER 115

ASSEMBLY JOINT RESOLUTION–Urging Congress to support the “ENABLE” program.

whereas, Resources from federal, state and local governments for funding health and human services are declining; and

whereas, There is increased public and governmental awareness of the desirability and necessity of coordinating health and human services for cost effectiveness; and

whereas, Rural master planning for health and human services has consistently articulated the need for integrated eligibility determination and service delivery, through “one-stop shopping” for services; and

whereas, Research consistently demonstrates that the self-sufficiency of clients is attainable only when all of a family’s needs are addressed holistically; and

whereas, The creation of a family service network can more effectively utilize existing resources and allocations; and

whereas, Federal money for demonstration projects is available for innovative methods of service delivery; and

whereas, The ENABLE demonstration project would provide 17 Family Service Centers throughout rural Nevada; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges Congress to fund the ENABLE demonstration project in an effort to provide better health care services in rural Nevada; and be it further

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ê1993 Statutes of Nevada, Page 3056 (FILE NUMBER 115, AJR 27)ê

ENABLE demonstration project in an effort to provide better health care services in rural Nevada; and be it further

resolved, That this body urges state agencies and county governments to support and cooperate with the ENABLE demonstration project; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 116, SCR 39

Senate Concurrent Resolution No. 39–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 116

SENATE CONCURRENT RESOLUTION–Congratulating Monsignor Leo E. McFadden upon his retirement from the priesthood in Nevada.

whereas, Monsignor Leo E. McFadden was born in Portland, Oregon, on July 29, 1928, moving to Boulder City at an early age while his father worked on the construction of the Hoover Dam, later moving to Whitney, Nevada, now called East Las Vegas, and finally settling in Las Vegas in 1934; and

whereas, Although Monsignor Leo E. McFadden grew up without much as far as material things, he was happy with the unpretentious way of life and looks back to this time with fond memories; and

whereas, Monsignor Leo E. McFadden wanted to become a priest in Nevada, and in 1950, was sent to Rome, Italy, to continue his studies; and

whereas, On December 19, 1953, he was ordained in the Pope’s Basilica, St. John Lateran, and began his priesthood in Reno, Nevada, in September 1954, at St. Albert’s, now called Our Lady of Wisdom; and

whereas, Monsignor Leo E. McFadden founded the Catholic Newman Club at the University of Nevada, Las Vegas, and from 1954 to 1966, was the Catholic Chaplain to the University, a labor of love where many of the students he met became life-long friends; and

whereas, From 1957 until 1968, Monsignor Leo E. McFadden worked as an editor for the Nevada Register, a weekly Catholic newspaper, and for his outstanding journalistic skills, he received many Nevada State Press Association and national awards; and

whereas, In 1958, Monsignor Leo E. McFadden joined the Nevada Air National Guard in Reno, and after 11 years as a Nevada priest he was activated for the Pueblo crisis in 1968 and spent 18 months on active duty; and

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ê1993 Statutes of Nevada, Page 3057 (FILE NUMBER 116, SCR 39)ê

whereas, From 1969 to 1974, Monsignor Leo E. McFadden served as a reporter for the National Catholic News Service, reporting activities in Europe, the Middle East, Asia and Africa; and

whereas, In 1977, following his move to a parish in Carson City, Monsignor Leo E. McFadden became a Prelate of Honor, Monsignor, under Pope Paul VI; and

whereas, In 1983, Monsignor Leo E. McFadden became the first Chaplain in the history of the American Militia ever to be promoted to the rank of general line officer as a Brigadier General, serving as liaison between the Air Force Chief of Chaplains in Washington, D.C. and all Air Guard Chaplains; and

whereas, Upon his retirement from the military in 1986, Monsignor Leo E. McFadden was promoted to the rank of Major General in the Nevada Air National Guard and awarded the Legion of Merit; and

whereas, Monsignor Leo E. McFadden is perhaps best known for his weekly column which appears in the Reno Gazette-Journal and the Las Vegas Sun, a column he has written since 1975; and

whereas, Monsignor Leo E. McFadden has served for more than a decade as pastor of Our Lady of the Snows parish in Reno and has fully and faithfully ministered to the needs of his parishioners during that time and has dedicated his efforts to their common good; and

whereas, Monsignor Leo E. McFadden has announced his retirement from the active priesthood effective June 1993 after almost 40 years of dedicated service; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature hereby commend and congratulate Monsignor Leo E. McFadden for his service to the people of the State of Nevada for 39 years and for his service to his country; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Monsignor Leo E. McFadden.

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FILE NUMBER 117, AJR 31

Assembly Joint Resolution No. 31–Committee on Judiciary

FILE NUMBER 117

ASSEMBLY JOINT RESOLUTION–Urging Congress to require the return of unclaimed securities distributions to the states from which they were paid.

whereas, Numerous business associations acting as intermediaries in the distribution of dividend and interest payments hold large amounts of unclaimed property belonging to people unknown to them; and

whereas, The dividends and interest are paid by taxpayers and companies doing business in all states; and

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ê1993 Statutes of Nevada, Page 3058 (FILE NUMBER 117, AJR 31)ê

whereas, Presently there is no statutory mechanism to require the equitable distribution of unclaimed securities distributions to the states from which they were paid; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to require that unclaimed securities distributions held by intermediaries be returned to the states of the taxpayers and companies that paid them so that the states can hold and disburse these unclaimed properties in accordance with their laws for the benefit of their residents; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 118, SCR 40

Senate Concurrent Resolution No. 40–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 118

SENATE CONCURRENT RESOLUTION–Memorializing substance abuse counselor, Patricia Ann Frauenfelder Bates.

whereas, The members of the Nevada Legislature were saddened to learn of the passing of Patricia “Pat” Bates, long-time Nevada resident who distinguished herself by spending years working to develop and improve programs for persons with alcohol or drug abuse problems; and

whereas, Patricia Ann Frauenfelder Bates was born in Chicago, Illinois, on July 22, 1934, moved to Reno 33 years ago and had lived in Carson City for the past 18 years; and

whereas, Pat Bates studied at Rutgers University, the University of Miami, Georgetown University, Georgia Mental Health Institute and was on the staff at the University of Utah’s School of Alcohol Studies; and

whereas, For her many years of service to the State of Nevada and to her community, Pat Bates received an honorary doctorate degree from the University of Nevada, Reno, in 1988; and

whereas, Pat Bates was a woman of principle who followed her dreams which led her to Carson City where she founded and was executive director of the Community Addiction Clinic; and

whereas, Pat Bates was an alcohol program director at the Truckee Meadows Hospital and executive director of the Churchill County Council on Alcohol and Drug Abuse; and

whereas, Pat Bates held positions as program consultant and analyst, statewide program coordinator and deputy for the Nevada Bureau of Alcohol and Drug Abuse for 9 years, was founder and editor of the Nevada State Alcothon newsletter and served as ombudsman for the Intertribal Council of Nevada; and

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ê1993 Statutes of Nevada, Page 3059 (FILE NUMBER 118, SCR 40)ê

and Drug Abuse for 9 years, was founder and editor of the Nevada State Alcothon newsletter and served as ombudsman for the Intertribal Council of Nevada; and

whereas, Pat Bates was elected to the Executive Advisory Council, National Congress of State Task Forces in 1978 and was responsible for coordinating women’s alcoholism task force efforts in Arizona, New Mexico, California, Idaho, Oregon, Washington, Alaska, Hawaii and Nevada; and

whereas, Governor Bob Miller honored Pat Bates in 1990 in recognition of the 25 years she had devoted toward the treatment of persons and families affected by substance abuse; and

whereas, For years Pat Bates worked as a lobbyist with the legislature for the State Association of Alcohol and Drug Abuse programs, was instrumental in the passage of legislation which mandated insurance coverage for the treatment of alcoholism and drug abuse, and in 1975 was the leader in getting legislation passed which made Nevada the first state to require certification of alcohol and drug abuse counselors and accreditation of treatment programs; and

whereas, Pat Bates received numerous awards including the regional award for Women Helping Women from the Fallon Soroptimist International Organization, as well as being named Woman of the Year in 1972 and Woman of Power in 1990; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of this legislature will long remember Pat Bates, not only for her incomparable achievements in the treatment of persons suffering from alcohol and drug abuse, but for dedication and devotion to her cause which came from her heart; and be it further

resolved, That the members of the 67th session of the Nevada Legislature offer their sincere gratitude for Pat’s life of public service in Nevada and convey their condolences and heartfelt sympathy to the family of Pat Bates; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Patricia Bate’s mother, Adeline Frauenfelder of Bradenton, Florida, son, Michael Antos of Grenna, North Dakota, and daughters Tracy Mueller of Carson City, Cheryl Mueller-Worthington of Santa Rosa, California, and Deborah Tatkowski of Collinsworth, Texas.

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ê1993 Statutes of Nevada, Page 3060ê

FILE NUMBER 119, ACR 64

Assembly Concurrent Resolution No. 64–Committee on Elections and Procedures

FILE NUMBER 119

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the Assembly from the Governor’s office of Assembly Bill No. 522 of this session.

whereas, Assembly Bill No. 522 of this session has passed both houses of the 67th session of the Legislature, has been enrolled and delivered to the Governor; and

whereas, Assembly Bill No. 522 needs further legislative attention; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Assembly Bill No. 522 of this session to the Assembly for further consideration.

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Bob Miller as soon as practicable.

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FILE NUMBER 120, AR 9

Assembly Resolution No. 9–Committee on Elections and Procedures

FILE NUMBER 120

ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.

resolved by the assembly of the state of nevada, That Frances M. Hill is elected as an additional attache of the Assembly for the 67th session of the Legislature of the State of Nevada.

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FILE NUMBER 121, SCR 41

Senate Concurrent Resolution No. 41–Senators Rawson, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 121

SENATE CONCURRENT RESOLUTION–Congratulating Virgil “Corky” Poole upon his retirement from Clark County School District.

whereas, Virgil “Corky” Poole, a native of Las Vegas, has worked for the Clark County School District for 31 years; and

whereas, In 1957, Corky graduated with the first graduating class at Rancho High School in Las Vegas; and

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ê1993 Statutes of Nevada, Page 3061 (FILE NUMBER 121, SCR 41)ê

whereas, As a student at the University of Nevada, Las Vegas, at that time called Nevada Southern University, Corky worked with the first basketball team as student assistant to Coach Drakulich; and

whereas, Corky was student body president at Nevada Southern University from 1961 to 1962 and was also voted “most spirited”; and

whereas, Corky was the Athletic Director for 17 years at Southern Nevada Vocational Center and was their first basketball coach; and

whereas, Corky Poole has spent his life involved with the youth in his community, as a counselor, working with church youth, coaching Pop Warner leagues, and as an outstanding teacher and coach always inspiring those persons, young or old, with whom he came in contact; and

whereas, Caring for and helping youth has always been a priority in Corky’s life, to such a degree that he has even brought children into his home when the parents have been faced with severe hardship; and

whereas, In 1989, Virgil “Corky” Poole was inducted into the University of Nevada, Las Vegas, Hall of Fame; and

whereas, In recognition of his accomplishments as a valued educator, Virgil “Corky” Poole was named Teacher of the Year for 1990-91; and

whereas, Virgil “Corky” Poole was named Humanitarian of the Year for the International Order of Foresters in 1990, in recognition of his exceptional contributions to the youth and his community; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature congratulate Virgil “Corky” Poole upon his retirement on June 5, 1993, from the Clark County School District and commend him for his devotion to the youth of Clark County; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Virgil “Corky” Poole.

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FILE NUMBER 122, ACR 65

Assembly Concurrent Resolution No. 65–Assemblymen Bonaventura, Dini, Sader, Wendell Williams, Bennett, Toomin, Heller, Perkins, Petrak, Regan, Hettrick, Gibbons, McGaughey, Anderson, Haller, Ernaut, Augustine, Bache, Gregory, Collins, Freeman, Spitler, Marvel, Garner, Smith, Lambert, Evans, Schneider, Neighbors, Carpenter, Segerblom, Arberry, Price, Porter, Giunchigliani, Kenny, Scherer, Chowning, Humke, Tiffany, Myrna Williams and de Braga

FILE NUMBER 122

ASSEMBLY CONCURRENT RESOLUTION–Commending Senator Harry Reid for his efforts to promote an alternative use for the Nevada Test Site.

whereas, In 1992, Congress passed and President Bush signed a 9-month nuclear testing moratorium, and when that moratorium has ended, testing may resume at a rate of no more than five tests per year, eventually eliminating all testing in 1996; and

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ê1993 Statutes of Nevada, Page 3062 (FILE NUMBER 122, ACR 65)ê

whereas, On March 15, 1993, Senator Harry Reid spoke before a joint session of the Nevada Legislature and in his message he discussed at length the future of the Nevada Test Site; and

whereas, Senator Reid has been working diligently to find alternative uses for the Nevada Test Site including:

1. Creating an alternative/renewable energy demonstration center with individual projects such as solar and hydrogen energy research;

2. Having the Nevada Test Site considered as a part of the nuclear weapons complex reconfiguration, including a weapon assembly/disassembly plant and other peace initiatives;

3. Bringing the National Ignition Facility to the Nevada Test Site for simulated nuclear testing;

4. Bringing the Laser Microfusion Facility to the Nevada Test Site;

5. Upgrading the Liquefied Gaseous Fuels Spill Test Facility to create an environmental technologies research and testing center; and

6. Creating a large solid rocket motor disposal facility;

now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th session of the Nevada Legislature hereby commends Senator Harry Reid for his foresight and determination not to allow the Nevada Test Site and the jobs it represents disappear; and be it further

resolved, That this legislative body wholeheartedly supports Senator Harry Reid in his efforts to provide an alternative use for the Nevada Test Site; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Senator Harry Reid.

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FILE NUMBER 123, SCR 42

Senate Concurrent Resolution No. 42–Senators Titus, Adler, Brown, Callister, Coffin, Glomb, Hickey, Neal, Nevin, Shaffer, Jacobsen, James, Lowden, McGinness, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Smith, and Townsend

FILE NUMBER 123

SENATE CONCURRENT RESOLUTION–Memorializing the late Senator Nicholas J. Horn.

whereas, It is with profound sadness and regret that members of the Nevada Legislature note the untimely passing of their colleague, Senator Nicholas J. Horn, on April 17, 1992; and

whereas, Nicholas J. Horn was born on July 25. 1945, in Salt Lake City, Utah, and after graduating from Brigham Young University with bachelor’s and master’s degrees, he moved to Las Vegas and received his doctorate degree in education from the University of Nevada, Las Vegas; and

whereas, A big fan of baseball, Nick Horn played for the Brigham Young University baseball team, and later as a legislator, he would not miss an opportunity to play in the biennial legislative softball games; and

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ê1993 Statutes of Nevada, Page 3063 (FILE NUMBER 123, SCR 42)ê

whereas, Nick Horn became a Professor of Business Management at Clark County Community College and was a part-time Executive Director of the Clark County Medical Society; and

whereas, Nick Horn was elected to the Nevada Assembly in 1977 and was voted “Outstanding Freshman Assemblyman” by his colleagues; and

whereas, As a member of the Nevada Assembly, Nick Horn served as the Assistant Majority Leader and was Chairman of the Committee on Elections; and

whereas, After representing Clark County as an Assemblyman for two sessions, Nick Horn was elected to the Nevada Senate in 1983 and represented Clark County as Senator until his untimely death last year; and

whereas, As a Senator, Nick Horn was Chairman of the Committee on Legislative Affairs and Operations, Assistant Majority Floor Leader in 1991 and served with distinction in 1991 as the Chairman of the Committee on Finance, a goal which he had hoped to achieve as a Legislator; and

whereas, One of the most remarkable achievements by Nick Horn was that during his 16-year legislative career, he did not miss one roll-call vote; and

whereas, Higher education never had a better friend that Nick Horn as he worked tirelessly on legislation benefitting the entire University and Community College System of Nevada; and

whereas, Nicholas J. Horn worked relentlessly on promoting programs which would improve the education of Nevada’s youth; and

whereas, An avid hunter and outdoorsman, Nick Horn was ready at the drop of a hat to venture into the great outdoors for a renewal of friendships and an appreciation of nature; and

whereas, Nicholas J. Horn was named outstanding legislator by the Nevada Wildlife Conservation Federation in 1981 for his enthusiasm and support of various wildlife programs; and

whereas, Although Nick Horn succumbed to cancer after a valiant, courageous fight, during those precious years he gained an even greater appreciation of life, family and God; 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 heartfelt sympathy and sincere condolences to the family and friends of the late Nicholas J. Horn; and be it further

resolved, That Senator Horn will forever be remembered with the highest regard by his fellow legislators for his compassion, his patient attention to the needs of others and his refreshing sense of humor; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nick Horn’s loving wife, Nancy, and to his children Stacy and Nicholas.

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ê1993 Statutes of Nevada, Page 3064ê

FILE NUMBER 124, AJR 19

Assembly Joint Resolution No. 19–Assemblymen Heller, de Braga, Chowning, Humke, Gibbons, Schneider, Petrak, Gregory, Ernaut, Segerblom, Bennett, Bache, Bonaventura, Scherer, Augustine, Kenny, Giunchigliani, Perkins, Arberry, Smith, Price, Toomin, Collins, Hettrick, Marvel, Tiffany, Evans, Myrna Williams, Carpenter, Lambert, Anderson, Haller, Spitler, McGaughey, Dini, Porter and Garner

FILE NUMBER 124

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to prescribe additional restrictions on the public employees’ retirement system.

resolved by the assembly and senate of the state of nevada, jointly That section 2 of article 9 of the constitution of the State of Nevada be amended to read as follows:

Sec. 2. 1. The legislature shall provide by law for an annual tax sufficient to defray the estimated expenses of the state for each fiscal year; and whenever the expenses of any year [shall] exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year or two years.

2. Any [moneys] money paid for the purpose of providing compensation for industrial accidents and occupational diseases, and for administrative expenses incidental thereto, and for the purpose of funding and administering a public employees’ retirement system, [shall] must be segregated in proper accounts in the state treasury, and such [moneys shall] money must never be used for any other purposes, and they are hereby declared to be trust funds for the uses and purposes herein specified.

3. Any money paid for the purpose of funding and administering a public employees’ retirement system must not be loaned to the state or invested to purchase any obligations of the state.

4. The public employees’ retirement system must be governed by a public employees’ retirement board. The board shall employ an executive officer who serves at the pleasure of the board. In addition to any other employees authorized by the board, the board shall employ an independent actuary. The board shall adopt actuarial assumptions based upon the recommendations made by the independent actuary it employs.

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ê1993 Statutes of Nevada, Page 3065ê

FILE NUMBER 125, SJR 2

Senate Joint Resolution No. 2–Committee on Judiciary

FILE NUMBER 125

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to provide expressly for the rights of victims of crime.

resolved by the senate and assembly of the state of nevada, jointly, That section 8 of article 1 of the constitution of the State of Nevada be amended to read as follows:

[Section] Sec. 8. 1. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or attorney-general of the state, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself . [, nor]

2. The legislature shall provide by law for the rights of victims of crime, personally or through a representative, to be:

(a) Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding;

(b) Present at all public hearings involving the critical stages of a criminal proceeding; and

3. Except as otherwise provided in subsection 4, no person may maintain an action against the state or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of any statute enacted by the legislature pursuant to subsection 2. No such violation authorizes setting aside a conviction or sentence or continuing or postponing a criminal proceeding.

4. A person may maintain an action to compel a public officer or employee to carry out any duty required by the legislature pursuant to subsection 2.

5. No person shall be deprived of life, liberty, or property, without due process of law . [; nor shall private property]

6. Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.

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ê1993 Statutes of Nevada, Page 3066ê

FILE NUMBER 126, SJR 19

Senate Joint Resolution No. 19–Senators Titus and Glomb

FILE NUMBER 126

SENATE JOINT RESOLUTION–Urging Congress to develop an alternative use for the Nevada Test Site and contingency plans for alternative employment of the workers at the site, and to include in those plans the use of any money available from Present Clinton’s program for the transfer of governmental technology to the private sector.

whereas, The Nevada Test Site is a national asset with a unique infrastructure of facilities, equipment and personnel unequaled anywhere in the nation; and

whereas, A significant number of southern Nevada residents are employed at the Nevada Test Site; and

whereas, The employment of those persons contributes millions of dollars to the economy of southern Nevada; and

whereas, Recent federal legislation provides for a program that limits underground nuclear testing for 3 years, culminating in a comprehensive ban on testing nuclear weapons in 1996; and

whereas, That legislation prescribes certain conditions of readiness that must occur at the Nevada Test Site to resume the testing of nuclear weapons; and

whereas, Because of its unique infrastructure, the Nevada Test Site is suitable for a wide range of other purposes which would put to use its unique capabilities and resources and which are compatible with its basic function of testing nuclear weapons; and

whereas, A comprehensive ban on testing nuclear weapons will result in a substantial reduction in the workforce at the Nevada Test Site and have a severe adverse economic impact on the economy of Nevada; and

whereas, A new program of cooperative research has been developed which will provide for the transfer of technology between laboratories of the United States Department of Energy and universities and private industries; and

whereas, As part of President Clinton’s plans to carry out the program, $94,000,000 will be spent on the program during the federal fiscal year 1993; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That, even though the primary purpose of the Nevada Test Site is to ensure that the nation’s needs for testing nuclear weapons continue to be met, Congress is hereby urged to develop an alternative use for the site that most effectively utilizes the facilities, equipment and personnel that are available at the site by making it the nation’s center for testing and demonstrating geographically demanding technologies; and be it further

resolved, That Congress is hereby urged to develop contingency plans for alternative employment of the workers at the Nevada Test Site; and be it further

resolved, That if contingency plans for alternative employment are developed, Congress is urged to include in those plans the use of any money which may be available from President’s Clinton’s program for the transfer of governmental technology to universities and private industries; and be it further

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ê1993 Statutes of Nevada, Page 3067 (FILE NUMBER 126, SJR 19)ê

governmental technology to universities and private industries; 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.

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FILE NUMBER 127, ACR 66

Assembly Concurrent Resolution No. 66–Assemblymen Humke, Gibbons, Hettrick, Perkins, Augustine, Wendell Williams, de Braga, Collins, Regan, Heller, Petrak, Bonaventura, Segerblom, Freeman, Myrna Williams, Anderson, Evans, McGaughey, Spitler, Toomin, Bennett, Ernaut, Schneider, Neighbors, Carpenter, Arberry, Sader, Marvel, Gregory, Garner, Smith, Bache, Tiffany, Scherer, Giunchigliani, Kenny, Chowning, Lambert, Porter, Price, Haller and Dini

FILE NUMBER 127

ASSEMBLY CONCURRENT RESOLUTION–Commending Brian Lent on his scholastic achievement.

whereas, Brian Lent was born in Reno, Nevada, in 1970, attended Reno schools and graduated as valedictorian from Reed High School in 1989; and

whereas, Brian Lent became fascinated by computers at an early age and while he was in high school he formed his own computer software development and publishing company called Micro Revelations, Inc.; and

whereas, Brian Lent created a computer game named “Xenocide” which has received international acclaim and is presently sold in Australia, New Zealand, Taiwan, Singapore, Malaysia and Hong Kong, as well as in the United States; and

whereas, This computer game was classified as “The Third All-Time Best Entertainment Title for the Apple Computer,” and as having the “Best Graphics and Animation of the Year” by InCider/A+ magazine; and

whereas, After being awarded a 4-year Presidential Scholarship, in May 1993, Brian Lent graduated summa cum laude from the University of Nevada, Reno, with a 4.0 grade point average, majoring in Computer Science in the Honors Program, and was recognized for his outstanding achievement by being awarded the Herz Gold Medal for “Highest Scholastic Achievement”; and

whereas, Brian Lent is looking forward to his graduate education and plans to study at Stanford University, Cornell University or the University of California at Berkeley; and

whereas, Brian recently was awarded the Department of Defense Office of Naval Research Graduate Fellowship, one of only three such fellowships awarded worldwide, and as an Office of Naval fellow, his entire graduate education will be paid for along with additional research opportunities available during the summer months at any Naval research center of his choosing; and

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ê1993 Statutes of Nevada, Page 3068 (FILE NUMBER 127, ACR 66)ê

education will be paid for along with additional research opportunities available during the summer months at any Naval research center of his choosing; and

whereas, Brian Lent was further awarded a National Science Foundation Graduate Fellowship for graduate study toward a doctorate at a school of his choice as well as the Cornell University Graduate Fellowship for study at Cornell University; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature hereby commend and congratulate Brian Lent for his outstanding scholastic achievement as an undergraduate, and wish him a successful future as he continues his studies in computer science; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Brian Lent.

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FILE NUMBER 128, ACR 68

Assembly Concurrent Resolution No. 68–Assemblymen Price, Dini, Ernaut, Heller, Giunchigliani, Gibbons, Tiffany, Perkins, Chowning, Marvel, Collins, Segerblom, Neighbors, McGaughey, Carpenter, Garner, Freeman, Bache, Anderson, Myrna Williams, Scherer, Smith, Evans, Sader, Gregory, Hettrick, Augustine, Toomin, Lambert, Bennett, de Braga, Bonaventura, Regan, Petrak, Wendell Williams, Arberry, Porter, Schneider, Kenny, Humke, Haller and Spitler

FILE NUMBER 128

ASSEMBLY CONCURRENT RESOLUTION–Granting administrative leave to legislative employees in recognition of their services to the 67th 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 67th 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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ê1993 Statutes of Nevada, Page 3069 (FILE NUMBER 128, ACR 68)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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FILE NUMBER 129, ACR 70

Assembly Concurrent Resolution No. 70–Assemblymen Dini, Wendell Williams, Petrak, Carpenter, Smith, Regan, Anderson, Bennett, Hettrick, Ernaut, Bache, Garner, Gibbons, Heller, Collins, Myrna Williams, Toomin, Humke, Kenny, Schneider, Neighbors, Segerblom, Perkins, Bonaventura, de Braga, Augustine, Price, Scherer, Chowning, Tiffany, Evans, Spitler, McGaughey, Gregory, Arberry, Marvel, Porter, Haller, Lambert, Freeman, Sader and Giunchigliani

FILE NUMBER 129

ASSEMBLY CONCURRENT RESOLUTION–Commending the Retired Public Employees of Nevada.

whereas, The Retired Public Employees of Nevada have played a vital role in representing the concerns of Nevada’s retired public employees since their organization in 1976; and

whereas, The Retired Public Employees of Nevada have continued to serve as a voice for retirees throughout the State of Nevada, with chapters in 15 communities; and

whereas, With over 6,300 members, the Retired Public Employees of Nevada provided outstanding service to school districts, cities, counties, the University and Community College System of Nevada, other public entities and the State of Nevada during their working careers; and

whereas, Many of these members remain active after retirement by becoming volunteers in their communities; and

whereas, The Retired Public Employees of Nevada will hold its annual meeting in Carson City from June 9 through June 11, 1993; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature do hereby commend the Retired Public Employees of Nevada for their many contributions to the people of Nevada and for their years of dedicated service as employees of this state; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to President James A. Edmundson and President-elect Clarence Eiche.

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ê1993 Statutes of Nevada, Page 3070ê

FILE NUMBER 130, SR 9

Senate Resolution No. 9–Senators Adler, McGinness, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 130

SENATE RESOLUTION–Congratulating Heather Hussey on being named the Student of the Year by the Carson City Kiwanis.

whereas, The Carson City Sundowners Kiwanis Club established a “Student of the Month” program at Eagle Valley Junior High School in January 1993; and

whereas, Heather Hussey was selected as Student of the Month for January and further recognized as Student of the Year for 1993; and

whereas, Heather Hussey has excelled academically, participates in the school band and dedicates many hours to the developmentally disadvantaged at her school; and

whereas, As a vote of confidence in her communication skills and outgoing personality, Heather Hussey was selected as a Youth Ambassador to Australia for the summer of 1993; and

whereas, A courteous, kind and helpful young lady to her fellow students and teachers at Eagle Valley Junior High School, Heather Hussey has demonstrated maturity and leadership ability far beyond her age; now, therefore, be it

resolved by the senate of the state of nevada, That this legislative body hereby commends and congratulates Heather Hussey upon being named “Student of the Year” by the Carson City Kiwanis; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Heather Hussey.

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FILE NUMBER 131, SCR 44

Senate Concurrent Resolution No. 44–Senators Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 131

SENATE CONCURRENT RESOLUTION–Commending the MOMS program at Carson-Tahoe Hospital in Carson City.

whereas, In 1989 there were no providers of obstetrical care furnishing services to pregnant Medicaid-eligible women in Carson City; and

whereas, Carson-Tahoe Hospital was increasingly impacted by women in imminent labor who had received sporadic or no prenatal health care; and

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ê1993 Statutes of Nevada, Page 3071 (FILE NUMBER 131, SCR 44)ê

whereas, The majority of women who were admitted into the emergency room in labor proved to be eligible for Medicaid health care benefits to cover their pregnancy; and

whereas, With the combined effort of Nevada Medicaid, Carson-Tahoe Hospital and Carson Medical Group, the Maternal Obstetrical Management System (MOMS) program was created in an effort to reduce the number of women with little or no prenatal care; and

whereas, In 1990, the MOMS program was initiated and the outcome has been successful, demonstrating a significant decrease in the number of premature and low-birth weight infants and an increase in Medicaid-eligible mothers receiving prenatal and postnatal care; and

whereas, Because of the success of the program, a MOMS program is being planned in Elko, Nevada, in 1994; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend the continuing efforts of the nurses and physicians involved in the MOMS program at Carson-Tahoe Hospital; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Steve Smith, Administrator of Carson-Tahoe Hospital.

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FILE NUMBER 132, ACR 72

Assembly Concurrent Resolution No. 72–Assemblymen Neighbors, Dini, Evans, Haller, Schneider, Collins, Anderson, Toomin, Bennett, Humke, Hettrick, Smith, Gibbons, Gregory, Spitler, Regan, Lambert, Garner, de Braga, Petrak, Segerblom, Carpenter, McGaughey, Freeman, Augustine, Bonaventura, Ernaut, Kenny, Scherer, Arberry, Perkins, Porter, Chowning, Bache, Tiffany, Marvel, Sader, Giunchigliani, Price, Heller, Wendell Williams and Myrna Williams

FILE NUMBER 132

ASSEMBLY CONCURRENT RESOLUTION–Commending Jack McCloskey for 60 years of excellence as editor and publisher of the Mineral County Independent News.

whereas, John R. “Jack” McCloskey was born in Goldfield, Nevada, on September 19, 1911, but soon moved to Tonopah, Nevada, where, at the age of 11 years, he embarked upon his remarkable career in the newspaper business beginning by selling newspapers, then working as a printer’s devil and subsequently as a reporter for the Tonopah Times Bonanza, all before graduation from high school; and

whereas, At the age of 18 years, Jack McCloskey moved to Hawthorne to become the editor-reporter of the Hawthorne News, where he served until the Great Depression; and

whereas, At that time, he borrowed $200 and founded the Mineral County Independent News, with emphasis on the term “Independent,” in partnership with J. W. “Scoop” Connors, and within 2 years they acquired the assets of the Hawthorne News; and

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ê1993 Statutes of Nevada, Page 3072 (FILE NUMBER 132, ACR 72)ê

whereas, In 1954, Jack McCloskey purchased his partner’s interest in the Mineral County Independent News, and has been the newspaper’s sole owner for the last 39 years; and

whereas, On March 3, 1993, Jack McCloskey completed 60 consecutive years as editor and publisher of the Mineral County Independent News; and

whereas, In the 60 years since starting his newspaper, not only has Jack McCloskey repaid the loan, but he has also repaid many times over the residents of Nevada with his punchy, lucid, straight-shooting newspaper style which has earned him recognition as the “Sage” of Mineral County; and

whereas, The Mineral County Independent News has enjoyed consistency in reporting for more than 40 years thanks in part to Jack’s “newspaper family” of Gene, Tony and Ted Hughes, plus more recent members Joan Gazaway and Kathy Trujillo, and the contributions of the real editor in chief, Jack McCloskey’s wife of 54 years, Pauline; and

whereas, At more than 80 years of age, despite a series of serious surgeries a few years ago, Jack McCloskey continues to be a stickler for accuracy in journalism, writing on a weekly basis some of the cleanest, tightest copy written by any Nevada reporter, particularly in his column “Jasper”; and

whereas, Through his invaluable contributions to the oral history program of the University of Nevada, Reno, Jack McCloskey has given greatly of himself and served as a unique bridge between Nevada’s early and late 20th century history; and

whereas, Despite the fact that Jack McCloskey’s opinion and counsel is widely sought by federal, state and local elected and appointed officials, for 70 years he has first and foremost been a chief advocate for the good people of Mineral County; and

whereas, In his sixty-first volume of the Mineral County Independent News, Jack McCloskey, the dean of Nevada newspapermen, remains a forceful and virile newspaper publisher in vintage Nevada style; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That Jack McCloskey is hereby commended for his many, ongoing contributions to Nevada “newspapering” during his 60-plus-year career in the Fourth Estate, and more importantly for the kindness and concern he has exhibited to the countless people whose lives he has touched and continues to touch; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. John R. “Jack” McCloskey.

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ê1993 Statutes of Nevada, Page 3073ê

FILE NUMBER 133, ACR 73

Assembly Concurrent Resolution No. 73–Assemblymen Myrna Williams, Giunchigliani, Dini, Regan, Perkins, Scherer, Petrak, Bache, Segerblom, Gregory, Garner, Augustine, Bonaventura, Collins, Bennett, McGaughey, Smith, Wendell Williams, Schneider, Spitler, Kenny, Toomin, Chowning, Tiffany, Price, Sader, de Braga, Heller, Hettrick, Porter, Arberry, Evans, Freeman, Anderson, Gibbons, Ernaut, Neighbors, Carpenter, Lambert, Marvel, Humke and Haller

FILE NUMBER 133

ASSEMBLY CONCURRENT RESOLUTION–Recognizing the contributions of Flora Dungan, former Legislator from Clark County.

whereas, Flora Dungan was a member of the Nevada Assembly during the regular sessions of 1963 and 1967, and the special sessions of 1964 and 1968; and

whereas, Flora Dungan was only the third woman from Clark County to be elected to the Nevada Legislature;

whereas, In 1965, Flora Dungan and Dr. C. W. Woodbury brought a citizens’ class action suit which subsequently led to a federal court decision requiring that the districts of members of the Nevada Legislature be apportioned on the basis of population rather than on county or other political boundaries; and

whereas, This important decision, known as Dungan v. Sawyer, led to the 1965 special session which reapportioned the Legislature and increased the number of Senate seats in Clark and Washoe counties from 2 to 14, and the number of Assembly seats in those counties from 21 to 28; and

whereas, Flora Dungan was interested in improving higher education in this state and was elected to the Board of Regents of the University of Nevada; and

whereas, Flora Dungan founded FOCUS, a Las Vegas organization designed to aid troubled youth, was Chairman of the Las Vegas Sponsors of Synanon, was a member of the League of Women Voters, the National Association for the Advancement of Colored People and the Temple Beth Sholom and was a Director of the Albert Einstein Hebrew Day School; and

whereas, At the time of her death on October 24, 1973, it was noted that Flora Dungan’s life had been devoted in large part to fighting for the less fortunate in our society; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the 67th session of the Nevada Legislature hereby honors and recognizes the accomplishment made by Flora Dungan; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to her sister, Mrs. Cyril Lutsky, and nephews, former Senator Ron Cook and Art Cook.

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ê1993 Statutes of Nevada, Page 3074ê

FILE NUMBER 134, SCR 45

Senate Concurrent Resolution No. 45–Senators Raggio, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 134

SENATE CONCURRENT RESOLUTION–Memorializing former United States District Court Judge Bruce R. Thompson.

whereas, The heart of every member of this legislature was deeply grieved to learn of the passing of former United States District Judge Bruce R. Thompson on February 10, 1992; and

whereas, Judge Thompson was born in Reno, Nevada, on July 31, 1911, to Ruben C. and Mabel McLeran Thompson; and

whereas, Judge Thompson graduated from the University of Nevada, Reno, in 1932, earned his law degree from Stanford Law School and was admitted to the Nevada bar in 1936; and

whereas, In 1936 Judge Thompson began his law career with George Springmeyer, and later formed a successful partnership with George Springmeyer and Mead Dixon; and

whereas, Judge Thompson served as assistant United States Attorney for the District of Nevada from 1942 to 1952 and as special master for the United States District Court, District of Nevada, from 1952 to 1953; and

whereas, Judge Thompson was president of the Washoe County Bar in 1953 and the Nevada State Bar Association in 1955; and

whereas, Judge Thompson was appointed United States District Judge by President John F. Kennedy in 1963, and served in that capacity until 1978 when he retired from full-time status to senior status, although he continued to maintain a full court load until 1991; and

whereas, Judge Thompson was a member of the American Bar Association, the American Law Institute, the American Judicature Society, the Institute of Judicial Administration and the American College of Trial Lawyers; and

whereas, Judge Thompson served as president of the Ninth Circuit District Judges Association from 1975 to 1977; and

whereas, In 1976, the University of Nevada, Reno, awarded Judge Thompson an honorary Doctor of Laws Degree; and

whereas, Judge Thompson was a patron and fellow of the American Inns of Court Foundation, Bruce R. Thompson Chapter; and

whereas, Throughout Judge Thompson’s 55-year legal career, he distinguished himself as a man of justice and fairness, becoming one of this state’s most respected and admired member of the judicial system; and

whereas, Judge Thompson is survived by his widow, Ellen, sons, Harold of Reno and Jeffrey of Medford, Oregon, daughter, Judith Holt of Reno, brother, Gordon, sister, Mary A. Atcheson and five grandchildren; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature extend their heartfelt sympathy to the family of Judge Thompson; and be it further

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ê1993 Statutes of Nevada, Page 3075 (FILE NUMBER 134, SCR 45)ê

extend their heartfelt sympathy to the family of Judge Thompson; and be it further

resolved, That this body mourns the loss of a native Nevadan who made such great and lasting contributions to the people of this state; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Judge Thompson’s widow, Ellen Thompson.

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FILE NUMBER 135, ACR 4

Assembly Concurrent Resolution No. 4–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 135

ASSEMBLY CONCURRENT RESOLUTION–Directing the state fire marshal and the state emergency response commission, in consultation with local emergency planning committees, to conduct a study of the feasibility of certain alternatives for providing a coordinated response to incidents involving hazardous materials.

whereas, Incidents involving the release of hazardous materials into the environment are a serious threat to the health and safety of the residents of the State of Nevada; and

whereas, The population and the availability of resources for responding to incidents involving hazardous materials varies greatly among the regions of the State of Nevada; and

whereas, The formation of regional teams of persons trained in the emergency response to incidents involving hazardous materials is one approach to providing a coordinated response to such incidents in all areas of the State of Nevada; and

whereas, Agreements of mutual aid between local entities constitute another approach which may benefit certain areas in Nevada because the joining of resources may help provide a quick and efficient response to incidents involving hazardous materials in a cost-effective manner; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the State Fire Marshal and the State Emergency Response Commission, in consultation with local emergency planning committees, are hereby directed to conduct a study of:

1. The feasibility of creating regional response teams to respond to incidents involving hazardous materials; and

2. The desirability and feasibility of establishing agreements of mutual aid between local entities that respond to incidents involving hazardous materials; and be it further

resolved, That the portion of the study concerning the feasibility of creating regional response teams include an evaluation of:

1. The equipment and vehicles necessary to create regional response teams;

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ê1993 Statutes of Nevada, Page 3076 (FILE NUMBER 135, ACR 4)ê

2. The required number of personnel necessary to staff the regional response teams:

3. The required levels of training for personnel staffing the regional response teams;

4. The areas in the state to comprise regions and the locations of response units within the regions;

5. The number of regional response teams necessary for the state;

6. The initial costs involved in creating regional response teams; and

7. The costs involved in maintaining regional response teams;

and be it further

resolved, That the portion of the study of mutual aid agreements include an evaluation of districts served by local emergency planning committees to determine:

1. The equipment available to respond to incidents or risks relating to hazardous materials;

2. The number of paid and volunteer persons who respond to incidents involving hazardous materials;

3. The levels of training of paid and volunteer persons who respond to incidents involving hazardous materials;

4. Past incidents or risks relating to hazardous materials;

5. Potential future incidents or risks relating to hazardous materials;

6. Areas in Nevada that may benefit from agreements of mutual aid between local entities that respond to incidents involving hazardous materials;

7. The capability of providing the minimal response necessary to mitigate risks arising out of incidents involving hazardous materials until special equipment or trained personnel arrive; and

8. The amount of revenue needed to achieve the capability of providing the minimal response necessary to mitigate risks arising out of incidents involving hazardous materials, with and without the establishment of mutual aid agreements;

and be it further

resolved, That the State Fire Marshal and the chairman of the State Emergency Response Commission report the results of the study and any recommended legislation to the Director of the Legislative Counsel Bureau on or before January 1, 1995, for distribution to the 68th 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 State Fire Marshal and the chairman of the State Emergency Response Commission.

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ê1993 Statutes of Nevada, Page 3077ê

FILE NUMBER 136, ACR 37

Assembly Concurrent Resolution No. 37–Assemblymen Freeman, Evans, Augustine, Segerblom, de Braga, Heller, Myrna Williams, Petrak, Toomin, Gibbons and Smith

FILE NUMBER 136

ASSEMBLY CONCURRENT RESOLUTION–Urging the State Welfare Administrator to develop a program to encourage certain recipients of Medicaid to participate in an educational program on family planning.

whereas, Educating prospective parents regarding family planning is the most cost-effective method of reducing the state’s financial burden for Medicaid payments; and

whereas, The Federal Government’s financial participation for Medicaid increases if a state provides an educational component regarding family planning as part of its welfare plan; and

whereas, Providers of services to recipients of Medicaid are also able to serve as a valuable source of educational information; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Legislature urge the State Welfare Administrator to develop a program that would require providers of health care to encourage recipients of Medicaid, who are of childbearing age, to participate in a program which offers education on family planning; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the State Welfare Administrator.

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FILE NUMBER 137, ACR 55

Assembly Concurrent Resolution No. 55–Assemblymen Evans, Chowning, Spitler, Myrna Williams, Perkins, Heller, Price, Giunchigliani, Marvel, Arberry, Garner, Kenny and McGaughey

FILE NUMBER 137

ASSEMBLY CONCURRENT RESOLUTION–Urging local governments to continue water conservation efforts despite the heavy winter snowfall.

whereas, The majority of the State of Nevada is a desert in which water is one of the most precious natural resources; and

whereas, The State of Nevada has recently experienced a severe drought; and

whereas, Because of this drought and certain legislative action taken during the 66th session of the Nevada Legislature requiring the adoption of plans of water conservation, local governments initiated or expanded many restrictions on the use of water; and

whereas, Although this winter has temporarily ended the drought in most areas of this state, for Nevada to continue to prosper, residents must continue to practice conservation; and

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ê1993 Statutes of Nevada, Page 3078 (FILE NUMBER 137, ACR 55)ê

whereas, As the population of the State of Nevada has grown, competition for the use of one of the most limited natural resources has dramatically increased; and

whereas, To ensure the availability of sufficient water in the future for the residents of Nevada, care must be taken now to control waste and promote conservation; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature hereby urge local governments to continue to emphasize the importance of conserving water through programs for the management and conservation of water, and to continue to comply strictly with the provisions of NRS 540.121 to 540.151, inclusive, 704.662, 704.6622 and 704.6624, which require the adoption of plans of water conservation.

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FILE NUMBER 138, SCR 48

Senate Concurrent Resolution No. 48–Senators Brown, Glomb, Titus, Adler, Callister, Coffin, Hickey, Neal, Nevin, Shaffer, Jacobsen, James, Lowden, McGinness, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Smith and Townsend

FILE NUMBER 138

SENATE CONCURRENT RESOLUTION–Memorializing Cesar Chavez, founder of the National Farm Workers Association.

whereas, With the recent death of Cesar Chavez on April 23, 1993, the world has lost a soft-spoken yet eloquent voice who spoke out for social justice; and

whereas, Cesar Chavez grew up working for less than subsistence wages as a farm laborer in the San Joaquin Valley in California; and

whereas, In 1966, recognizing and abhorring the living conditions of the migrant farm laborer, Cesar Chavez toured Central California organizing the farm workers into a union named the National Farm Workers Association, today known as the United Farm Workers; and

whereas, In July 1970, after a 5-year table grape boycott and a 300-mile march from Delano, California, to Sacramento, the Delano growers agreed to a contract with the union; and

whereas, In addition to the grape boycott, Cesar Chavez staged a series of well-publicized fasts, including one of 36 days in 1988 to protest the use of pesticides on California table grapes; and

whereas, Cesar Chavez dedicated his life to helping others through nonviolent means and although his voice is now silent, his spirit will remain inside his many followers; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature mourn the loss of a man who pursued a goal of a better life for farm workers in California’s San Joaquin Valley and greater rights for workers everywhere.

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ê1993 Statutes of Nevada, Page 3079 (FILE NUMBER 138, SCR 48)ê

mourn the loss of a man who pursued a goal of a better life for farm workers in California’s San Joaquin Valley and greater rights for workers everywhere.

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FILE NUMBER 139, AJR 26

Assembly Joint Resolution No. 26–Committee on Ways and Means

FILE NUMBER 139

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to clarify the exemption from the debt limitation of money borrowed to retrofit state buildings to make the use of energy in the buildings more efficient.

resolved by the assembly and senate of the state of nevada, jointly, That section 3 of article 9 of the constitution of the State of Nevada be amended to read as follows:

Sec. 3. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.

The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise [.] , including contracts for the retrofitting of state buildings to make the use of energy in the buildings more efficient. The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.

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ê1993 Statutes of Nevada, Page 3080ê

FILE NUMBER 140, AJR 35

Assembly Joint Resolution No. 35–Committee on Ways and Means

FILE NUMBER 140

ASSEMBLY JOINT RESOLUTION–Proposing to amend the Nevada constitution to allow the investment of state money to stimulate economic development.

whereas, Emerging competition in other states and federally regulated territories threaten the State of Nevada’s long-term growth in its vital gaming industry; and

whereas, Finance programs necessary to assure business expansion and high quality job growth do not currently provide Nevada’s business sector with adequate access to those types of money and capital essential to support the growth of a diversified economic base; and

whereas, The Nevada constitution currently contains restrictions, based on conditions existing in the 19th century, that have prevented the Legislature from considering legislation similar to laws enacted in several other states, which would permit prudently managed investments in public-private partnerships and corporations designed to provide needed sources of capital for high quality, job-creating businesses within Nevada that cannot feasibly obtain such financing from existing private financial markets in an easily accessible and efficient manner; and

whereas, The State of Nevada must remain competitive with other states in providing the necessary financial tools to attract the types of businesses and industries that would diversify Nevada’s economic base and improve the standard of living for Nevada’s citizens; and

whereas, The benefits to be derived from a strong economic development effort throughout the state may be jeopardized if current restrictions in the Nevada constitution are not replaced with more flexible and contemporary standards that both protect public investments in economic development projects and provide access to the type of financing needed to stimulate the growth of businesses and industries throughout the state which will provide the high quality jobs, increased property values, and enhanced standard of living desired by Nevadans; now, therefore, be it

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 is hereby amended to read as follows:

[Sec: 9. The]

Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, the State shall not donate or loan money [,] or its credit [,] to, or subscribe to or be [,] interested in the Stock of any company, association, or corporation . [, except]

2. The legislature may by law, approved by a vote of two-thirds of the members elected to each house, authorize the investment of state money in a company, association or corporation subject to the following conditions:

(a) Before any investment is authorized, a determination must be made, by a person or entity designated in the authorizing legislation, that:

(1) The investment is for the economic development of this state or the creation of new employment opportunities in this state;

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ê1993 Statutes of Nevada, Page 3081 (FILE NUMBER 140, AJR 35)ê

(2) The state can reasonably expect to achieve a reasonable rate of return on the investment, adjusted for the relative degree of risk; and

(b) Each investment by the state must be made through a cooperative venture with private investors of reasonable sophistication who participate in the venture on terms that are the same as or less favorable than the terms on which the state is participating.

Revenue received from investments pursuant to this subsection may be reinvested subject to the same conditions.

3. The provisions of this section do not apply to corporations formed for educational or charitable purposes.

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FILE NUMBER 141, ACR 77

Assembly Concurrent Resolution No. 77–Assemblymen Augustine, Bonaventura and Giunchigliani

FILE NUMBER 141

ASSEMBLY CONCURRENT RESOLUTION–Designating October as Italian-American History Month.

whereas, Italian-Americans have contributed greatly to making the United States the world’s greatest nation; and

whereas, Italian-Americans have made the United States a better place to live by giving their expertise, energy and enthusiasm in such diverse areas as public life, business, music, sports, cinema and science; and

whereas, Among the Italian-Americans making major contributions in the area of public life are Philip Mazzei, Fiorello LaGuardia, Peter Rodino, Judge John Sirica, Mario Cuomo, Joseph E. Dini, Jr., William J. Raggio and Frankie Sue Del Papa; and

whereas, Among the Italian-Americans making major contributions in the area of business are Lee Iacocca, A.P. Giannini, Andrea Sbarbaro and Jeno Paulucci; and

whereas, Among the Italian-Americans making major contributions in the area of music are Arturo Toscanini, Frank Sinatra, Tony Bennett, Frank Zappa, Dean Martin, Henry Mancini and Perry Como; and

whereas, Among the Italian-Americans making major contributions in the area of sports are Joe DiMaggio, Rocky Marciano, Vince Lombardi, Linda Fratianne, Tommy LaSorda and Joe Montana; and

whereas, Among the Italian-Americans making major contributions in the area of cinema are Anne Bancroft, Frank Capra, Francis Ford Coppola, Martin Scorcese, Sylvester Stallone, Robert De Niro, Al Pacino and Annette Funicello; and

whereas, Among the Italian-Americans making major contributions in the area of science are Pietro Rossi, Enrico Fermi, Emilio Segre and Salvador Luria; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature, recognizing the role of Italian-Americans in the growth and development of Nevada, designate the month of October as Italian-American History Month; and be it further

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ê1993 Statutes of Nevada, Page 3082 (FILE NUMBER 141, ACR 77)ê

recognizing the role of Italian-Americans in the growth and development of Nevada, designate the month of October as Italian-American History 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.

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FILE NUMBER 142, SJR 23

Senate Joint Resolution No. 23–Senator O’Connell

FILE NUMBER 142

SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to authorize specifically the legislative review of administrative regulations.

resolved by the senate and assembly of the state of nevada, jointly, That section 1 of article 3 of the constitution of the State of Nevada be amended to read as follows:

Section [.] 1. 1. The powers of the Government of the State of Nevada shall be divided into three separate departments,–the Legislative,–the Executive and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases [herein] expressly directed or permitted [.] in this constitution.

2. If the legislature authorizes the adoption of regulations by an executive agency which bind persons outside the agency, the legislature may provide by law for:

(a) The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption;

(b) The suspension by a legislative agency of any such regulation which appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate and Assembly which is authorized to act on behalf of both houses of the legislature; and

(c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.

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ê1993 Statutes of Nevada, Page 3083ê

FILE NUMBER 143, AR 10

Assembly Resolution No. 10–Committee on Government Affairs

FILE NUMBER 143

ASSEMBLY RESOLUTION–Adopting the condensation, explanation, arguments and fiscal note for Assembly Joint Resolution No. 24 of the 66th session.

resolved by the assembly of the state of nevada, That the condensation, explanation, arguments for and against the fiscal note for Assembly Joint Resolution No. 24 of the 66th session shall read as follows:

Condensation (ballot question)

Shall the Nevada Constitution be amended to authorize the State to enter into installment or lease purchase agreements notwithstanding the limitations on State indebtedness?

Explanation

The Nevada Constitution now allows the State to contract public debts, but prohibits the sum of such debts from exceeding 2 percent of the assessed valuation of the State. Currently, the Constitution authorizes the State, with the specific authority of the Legislature, to enter into contracts that exceed the debt limitations for the protection and preservation of any of the State’s property or natural resources. The proposed amendment would make an additional exception to the limitation on state indebtedness to allow the State, with the authority of the Legislature, to enter into installment or lease purchase agreements. Such an agreement must include a clause, known as a nonappropriation clause, which removes the State from its contractual obligation if the Legislature does not appropriate the necessary funds. A “Yes” vote is a vote to amend the Nevada Constitution to allow this exception. A “No” vote is a vote to reject the constitutional amendment.

Arguments for Passage

This amendment will provide the State more flexibility and options for financing large projects, such as the construction of new buildings. The amendment is also necessary to allow the State to enter into agreements to privatize governmental facilities and services, such as parts of the prison system. The nonappropriation clauses in these agreements avoid the creation of too much debt.

Arguments Against Passage

This amendment allows the State to bypass the debt limitations by using installment agreements. Once the agreements are entered into, the Legislature will appropriate the money necessary to make the payments, despite the nonappropriation clauses.

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ê1993 Statutes of Nevada, Page 3084 (FILE NUMBER 143, AR 10)ê

nonappropriation clauses. Consequently, installment agreements will be ultimately more expensive to the taxpayers because of the interest payments and the potentially unlimited debt.

Fiscal Note

Financial Impact--Cannot be determined. The proposal to amend the Nevada Constitution would exclude installment or lease purchase agreements from the State’s limitation on bonded indebtedness. The fiscal effect would be determined by the agreements into which the State would ultimately enter.

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FILE NUMBER 144, AR 11

Assembly Resolution No. 11–Committee on Elections and Procedures

FILE NUMBER 144

ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.

resolved by the assembly of the state of nevada, That Lois A. Lahair is elected as an additional attache of the Assembly for the 67th session of the Legislature of the State of Nevada.

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FILE NUMBER 145, AJR 9

Assembly Joint Resolution No. 9–Committee on Elections and Procedures

FILE NUMBER 145

ASSEMBLY JOINT RESOLUTION–Supporting the efforts of the people of the territory of Guam to achieve the status of a Commonwealth of the United States.

whereas, The citizens of the territory of Guam share the same dreams and aspirations as do other Americans and should be granted the dignity and freedom associated with greater rights of self-determination; and

whereas, The government of the United States supports the extension of self-determination to all people, especially to those in territories under its jurisdiction; and

whereas, The Nevada Legislature supports the attempt by each territory controlled by the government of the United States to attain the political status best suited to the people of the territory; and

whereas, By ratifying the Guam Commonwealth Act in 1987, the citizens of the territory of Guam have demonstrated their desire to control their own political, social and economic future; and

whereas, Attaining the status of a Commonwealth of the United States would enable the citizens of the territory of Guam to enjoy the benefits of self-government, while retaining their long-standing loyalty to the government of the United States; and

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ê1993 Statutes of Nevada, Page 3085 (FILE NUMBER 145, AJR 9)ê

self-government, while retaining their long-standing loyalty to the government of the United States; and

whereas, The territory of Guam is one of the few territorial possessions remaining in the world today, and support for its efforts to achieve the status of a Commonwealth has been widespread, including support from the states of Alaska, Colorado and Hawaii, and from the National Governors’ Association, the National Conference of State Legislatures, the Western Legislative Conference of the Council of State Governments and the United States Conference of Mayors; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby expresses its support for the people of the territory of Guam in their efforts to attain the status of a Commonwealth of the United States and a just and permanent relationship with the government of 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 President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Chairman of the Senate Committee on Energy and Natural Resources, the Chairman of the House Committee on Interior and Insular Affairs, the Secretary of State, the Secretary of the Interior, the Governor of Guam, the Speaker of the Guam Legislature, the Guam Congressional Delegate, the Chairman of the Guam Commission on Self-Determination, the Secretariat of the Association of Pacific Island Legislatures 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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FILE NUMBER 146, ACR 80

Assembly Concurrent Resolution No. 80–Assemblymen Marvel, Dini, Humke, Gregory, Heller, Porter, Arberry, Sader, Ernaut, Myrna Williams, Toomin, Scherer, Gibbons, Augustine, Tiffany, Hettrick, Schneider, Bonaventura, Petrak, Neighbors, de Braga, Perkins, Carpenter, Collins, Wendell Williams, Smith, Chowning, Segerblom, McGaughey, Giunchigliani, Bache, Freeman, Spitler, Kenny, Evans, Anderson, Regan, Price, Bennett, Garner, Lambert and Haller

FILE NUMBER 146

ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Assemblyman Bob L. Kerns.

whereas, The members of the Nevada Legislature note with profound sorrow the passing of their colleague, Bob L. Kerns, on October 15, 1991; and

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ê1993 Statutes of Nevada, Page 3086 (FILE NUMBER 146, ACR 80)ê

whereas, The untimely death of Bob Kerns will be felt by all those persons who knew him, either through his work or his numerous interests and activities; and

whereas, Bob Kerns was born in Wray, Colorado, on December 8, 1930, graduated from high school in Boise, Idaho, and was a Reno resident for the past 38 years; and

whereas, After serving in the United States Marine Corps from 1951 to 1954, including 2 years as a tank commander in Korea, Bob joined the Reno Fire Department in 1955 where he was promoted to the rank of Battalion Chief, retiring in 1982 after 27 years of service; and

whereas, In 1982, Bob Kerns was elected Assemblyman from Washoe County and he served the State of Nevada in this capacity for the next 9 years; and

whereas, Bob Kerns served as Assistant Majority Floor Leader of the Assembly in 1985, was a member of the Interim Finance Committee, served as Vice Chairman of the Legislative Commission and was a representative of the Nevada Legislature at the National Conference of State Legislatures; and

whereas, During his years with the Legislature, Bob Kerns supported legislation to enhance public safety, especially in the areas of fire protection and asbestos removal; and

whereas, An avid hunter and fisherman, Bob Kerns supported legislation which promoted better wildlife management within Nevada; and

whereas, Bob’s interest in wildlife was expressed artistically in later life when he became quite creative and skillful carving ducks and other birds out of wood; 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 heartfelt condolences to the family of Bob Kerns; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob’s son, Tom Kerns, his daughter, Nancy Cummins, and his loving wife, Ruth.

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FILE NUMBER 147, SCR 53

Senate Concurrent Resolution No. 53–Senators Jacobsen, Adler, Brown, Callister, Coffin, Glomb, Hickey, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 147

SENATE CONCURRENT RESOLUTION–Commending Terry Sullivan for 32 years of dedicated service to the State of Nevada.

whereas, Terry Davis Sullivan has devoted the last 32 years serving the State of Nevada with integrity, honesty and the highest level of dedication toward improving state government; and

whereas, Born in Lovelock, Nevada, the son of Gene and Ruth Davis Sullivan, Terry Sullivan is a third generation Nevadan whose brothers and sisters include former Secretary of the Senate Leola Armstrong, mining attorney Ed Hollingsworth, Washoe County Parks Director Gene Sullivan, Washoe High School registrar Marilyn Cervantes and late Assemblywoman Nancy Gomes; and

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ê1993 Statutes of Nevada, Page 3087 (FILE NUMBER 147, SCR 53)ê

sisters include former Secretary of the Senate Leola Armstrong, mining attorney Ed Hollingsworth, Washoe County Parks Director Gene Sullivan, Washoe High School registrar Marilyn Cervantes and late Assemblywoman Nancy Gomes; and

whereas, Terry Sullivan served 2 years in the Army Infantry as a Private First Class at Fort Lewis, Washington; and

whereas, On September 12, 1960, Terry Sullivan began working for the State of Nevada as a stock clerk at the Reno Warehouse while Governor Grant Sawyer was in office, was upgraded to truck driver during Governor Paul Laxalt’s term and was appointed by Governor Mike O’Callaghan, on May 17, 1972, to the position of Administrator of the Purchasing Division; and

whereas, Terry Sullivan has served faithfully under both Democratic and Republican leadership, including Governor Robert List and Governor Richard Bryan; and

whereas, Governor Bryan, recognizing Terry Sullivan’s impeccable honesty, fairness, and conscientious caring for this state, appointed him as Director of General Services on January 23, 1983, knowing full well that Terry Sullivan treated everyone, in all branches of government and in all walks of life, equally well; and

whereas, For more than 3 decades, Terry Sullivan has shared information and facts with the executive, judicial and legislative branches of government without reservation, always working toward the improvement of all divisions within the Department of General Services; and

whereas, Terry Sullivan also has contributed to the education of the youth of Nevada through the video Nevada: A History of the Silver State, which is required in all state schools; and

whereas, A cowboy at heart, Terry Sullivan has become somewhat of a celebrity, posing in his cowboy attire in full-page cowboy photos in the Reno Gazette-Journal advertising “Fantasies in Chocolate” which benefits the Lend-A-Hand Foundation and as a model for the miner depicted on the license plates celebrating Nevada’s 125th anniversary; and

whereas, Terry Sullivan has been particularly interested in the Capitol Building and its grounds, and other state facilities around the state, and in spite of a very tight maintenance budget along with a reduction in personnel, he takes great pride in their condition today; and

whereas, Terry Sullivan, for the most part, was mild mannered, however, if it appeared that someone was trying to play fast and loose with state laws, regulations or property, they found out quickly when they heard, “now, look, pardner” in Terry’s most menacing cowboy voice, that the ball game was over, and they only had to hear it once; and

whereas, Terry Sullivan took command of the rundown and almost vacant Stewart site and developed it into an important office, educational and training facility benefiting all the people of the community; and

whereas, Terry Sullivan has tended and nurtured the leaders of the divisions he supervised in the Department of General Services, including Printing and Micrographics, Motor Pool, Accounting, Mail Room, Marlette Water System, Telecommunications, Capitol Police, Buildings and Grounds and Purchasing, always encouraging administrators to excel in their work and serve the people of this state to the best of their abilities; and

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ê1993 Statutes of Nevada, Page 3088 (FILE NUMBER 147, SCR 53)ê

and Purchasing, always encouraging administrators to excel in their work and serve the people of this state to the best of their abilities; and

whereas, This quiet, hard-working administrator, who considered the taxpayers first and always put the welfare of his employees above his own, is recognized nationally as one quality bureaucrat; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend Terry Sullivan for his 32 years of dedicated service to the State of Nevada and his honesty and the straight-forward approach he demonstrated while working with the Nevada Legislature and in the many committee hearings over the years; and be it further

resolved, That the members of the Nevada Legislature wish Terry Sullivan the best of luck and success in his future endeavors and hope they include further service to the people of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Terry Davis Sullivan.

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FILE NUMBER 148, ACR 63

Assembly Concurrent Resolution No. 63–Committee on Health and Human Services

FILE NUMBER 148

ASSEMBLY CONCURRENT RESOLUTION–Urging the owners of residential swimming pools in Nevada to ensure that their pools are protected by adequate fences or other barriers against unsupervised use by young children.

whereas, Drowning is one of the leading causes of accidental death for children in Nevada, particularly for children under 5 years of age; and

whereas, Between 1980 and 1989, more than 70 children drowned in this state, with many of these deaths occurring in residential swimming pools; and

whereas, These tragic accidents might have been prevented had the swimming pools involved been protected by adequate fencing or other barriers to entry; and

whereas, Public swimming pools in Nevada are required by law to be fenced or otherwise protected from unsupervised use by children, but local requirements for residential swimming pools are generally less stringent; and

whereas, The building and planning departments of several local governments in this state have already adopted national standards or other requirements for fences and other barriers to entry for private swimming pools; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the owners of residential swimming pools in Nevada are hereby urged to ensure that their pools are safe for children by providing fences or other barriers to entry; and be it further

resolved, That the health division of the department of human resources and the local boards of health in Nevada take appropriate measures to enhance public awareness of swimming pool safety, including the need for restrictive barriers, and provide information to members of the public and the media concerning accepted design standards for such barriers; and be it further

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ê1993 Statutes of Nevada, Page 3089 (FILE NUMBER 148, ACR 63)ê

restrictive barriers, and provide information to members of the public and the media concerning accepted design standards for such barriers; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the health division of the department of human resources and each local board of health in Nevada.

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FILE NUMBER 149, ACR 81

Assembly Concurrent Resolution No. 81–Assemblymen Chowning, Bache, Wendell Williams, Regan, Segerblom, de Braga, Freeman, Sader, Schneider, Garner, Smith, Lambert, Anderson, Haller, Tiffany, Scherer, Gibbons, Toomin, Kenny, Ernaut, Neighbors, Petrak, Bonaventura, Bennett, Hettrick, Augustine, Porter, Marvel, Gregory, Evans, McGaughey, Spitler, Collins, Price, Perkins, Heller, Arberry, Humke, Giunchigliani, Dini, Myrna Williams and Carpenter

FILE NUMBER 149

ASSEMBLY CONCURRENT RESOLUTION–Honoring former Assemblyman from Clark County, James J. Banner.

whereas, James J. Banner was born on September 1, 1921, in Laverne, California; and

whereas, Jim Banner attended Virgin Valley Grammar School and Las Vegas High School, and graduated from the University of Nevada, Las Vegas, with a Bachelor of Science Degree in business administration; and

whereas, During World War II, Jim Banner served his country in the United States Navy; and

whereas, Jim Banner became a certified journeyman carpenter, and worked 16 years as a carpenter in the Southern Nevada area; and

whereas, Jim Banner has been a member of the Fred S. Pennington Post, VFW, the American Legion Post No. 8 and Chapter 11 of DAV; and

whereas, Jim Banner was a business representative for carpenters Local No. 1780, Las Vegas, from 1959 to 1963, was appointed by Governor Grant Sawyer to the Nevada Industrial Commission for Labor from 1963 to 1967, and was employed by Clark County as personnel analyst, personnel officer, chief labor negotiator and risk management officer; and

whereas, In 1972, Jim Banner was elected to the Nevada Legislature as Assemblyman from Clark County, and he served in this capacity for nine regular sessions and two special sessions until 1989; and

whereas, Assemblyman James J. Banner was a strong advocate for Nevada workers and a protector of the rights of the people of his district and of the entire state, compiling a 100 percent voting record during eight of the nine regular sessions in his exemplary legislative career; 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 heartfelt appreciation to James J. Banner for his lifetime of contributions and dedicated service to his community, the State of Nevada and the United States of America; and be it further

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ê1993 Statutes of Nevada, Page 3090 (FILE NUMBER 149, ACR 81)ê

service to his community, the State of Nevada and the United States of America; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to James J. Banner.

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FILE NUMBER 150, SCR 54

Senate Concurrent Resolution No. 54–Senators Jacobsen, Adler, Brown, Callister, Coffin, Glomb, Hickey, James, Lowden, McGinness, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Townsend

FILE NUMBER 150

SENATE CONCURRENT RESOLUTION–Commending and thanking sponsors of “A Gathering of Governors.”

whereas, On April 14, 1993, history was made in the State of Nevada when Governor Bob Miller and five past governors from this state came together at John Ascuaga’s Nugget for “A Gathering of Governors”; and

whereas, These Governors whose terms spanned the past 34 years included Grant Sawyer, 21st Governor of Nevada (1959-1967), Paul Laxalt, 22nd Governor of Nevada (1967-1971), Mike O’Callaghan, 23rd Governor of Nevada (1971-1979), Robert List, 24th Governor of Nevada (1979-1983), Richard Bryan, 25th Governor of Nevada (1983-1989) and Robert Miller, 26th Governor of Nevada (1989-Present); and

whereas, Nevada’s public broadcasting television stations, KNPB/Channel 5 in Reno and KLVX/Channel 10 in Las Vegas, are commended for bringing this remarkable “Gathering” to many residents of Nevada 4 days later on Sunday, April 18; and

whereas, Such a program required support from the community and the corporate underwriters who deserve praise for their generosity in sponsoring this historical event include Sierra Pacific Power Company, Nevada Bell, Harrah’s, First Interstate Bank of Nevada, Nevada State Education Association, Hilton Nevada Corporation, ARCO, Sierra Office Concepts, Caesars Tahoe/Caesars Palace and the Independence Mining Company, Inc.; and

whereas, The people behind the scenes who deserve recognition and congratulations for their creative efforts in organizing “A Gathering of Governors” are the superb committee which included Chairman Jud Allen, Bill Martin, Bob Pearce, Marc Nannini, Sherri Dangberg, Lisa Arnette, Jim Pagliarini and Ron Smith; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature commend and extend their appreciation to the many people and corporations involved in coordinating “A Gathering of Governors,” as this was truly a once-in-a-lifetime experience; and be it further

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ê1993 Statutes of Nevada, Page 3091 (FILE NUMBER 150, SCR 54)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jud Allen, Jim Pagliarini, Chief Executive Officer and General Manager of KNPB/Channel 5, and John Hill, General Manager of KLVX/Channel 10 of Las Vegas.

________

FILE NUMBER 151, ACR 23

Assembly Concurrent Resolution No. 23–Assemblymen Giunchigliani, Evans, Bache, Smith, Freeman, Regan, Gibbons, Sader, Anderson, Marvel, Spitler, Humke, Chowning, Perkins, Myrna Williams, Tiffany, Collins, Ernaut, Lambert, Haller, Carpenter, Hettrick, Bonaventura, Porter, de Braga, McGaughey, Wendell Williams, Augustine, Petrak, Bennett, Kenny, Gregory, Garner, Arberry, Heller, Segerblom, Neighbors, Scherer, Toomin, Schneider and Dini

FILE NUMBER 151

ASSEMBLY CONCURRENT RESOLUTION–Urging the state board of education, the board of regents and the board of trustees of each school district in Nevada to take actions to end gender bias in the educational system.

whereas, For more than 2 decades researchers have identified gender bias as a major problem at all levels of schooling; and

whereas, Experience teaches that vigorous enforcement of policies developed to foster the equitable treatment of students and the creation of educational environments which are gender equitable can make a difference and that when our schools become more gender-fair, education will improve for all students, boys as well as girls, because excellence in education cannot be achieved without equity in education; and

whereas, Research indicates that girls receive significantly less classroom attention and esteem-building encouragement from teachers than do boys, that girls do not emerge from our schools with the same degree of confidence and self-esteem as boys, that there is a tendency, beginning at the preschool level, for educators to choose classroom activities that appeal to boys’ interests and to select presentation formats in which boys excel, that teaching methods which foster competition are still standard, although a considerable body of research has demonstrated that girls, and many boys as well, learn better when they undertake projects and activities cooperatively rather than competitively, that patterns of interaction between a teacher and students in science classes are often particularly biased, that even in math classes, where less-biased patterns are found, research shows that select boys in each math class receive particular attention to the exclusion of all other students, that differences between girls and boys in math achievement are small and declining, yet in high school, girls are still less likely than boys to take the most advanced courses and be in the top-scoring math groups, that the gender gap in science is not decreasing and may, in fact, be increasing, and that even girls who are highly competent in math and science are much less likely to pursue scientific or technological careers than are their male classmates; and

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ê1993 Statutes of Nevada, Page 3092 (FILE NUMBER 151, ACR 23)ê

whereas, Girls and boys from low-income families face particularly severe obstacles because socioeconomic status, more than any other variable, affects access to school resources and educational outcomes and test scores of girls of low socioeconomic status are somewhat better than for boys from the same background in the lower grades, but by high school these differences disappear; and

whereas, There has been little change in sex-segregated enrollment patterns in vocational education where girls are enrolled primarily in office and business training programs and boys in programs leading to higher paying jobs in other trades; and

whereas, Reports of sexual harassment in schools are increasing at an alarming rate and when sexual harassment is treated casually, both girls and boys get a dangerous, damaging message that girls are not worthy of respect and that appropriate behavior for boys includes exerting power over girls; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the State Board of Education, the Board of Regents of the University of Nevada and the board of trustees of each school district in Nevada are hereby urged to adopt such regulations and take such other actions as are necessary to:

1. End gender bias in the educational system;

2. Foster the equitable treatment of girls and boys, including the manner in which they are disciplined; and

3. Create an educational environment which is gender equitable;

and be it further

resolved, That to accomplish these goals the following recommendations of the American Association of University Women Educational Foundation should be considered:

1. Certification standards for teachers and administrators should require course work on gender issues, including new research on women, bias in classroom interaction patterns, and the ways in which schools can develop and implement curricula which is gender equitable and multicultural;

2. Teacher examinations should include items on methods for achieving gender equity in the classroom and in curricula;

3. Training courses for teachers must not perpetuate assumptions about the superiority of traits and activities traditionally ascribed to males in our society and assertive and affiliative skills as well as verbal and mathematical skills must be fostered in both girls and boys;

4. Teachers must help girls and boys develop positive views of themselves and their futures, as well as an understanding of the obstacles women must overcome in a society where their options and opportunities are still limited by gender stereotypes and assumptions;

5. Teachers, administrators and counselors should include in their goals and classroom observations the degree to which they promote and encourage education which is gender equitable and multicultural;

6. Curricula for young children must not perpetuate gender stereotypes and should reflect sensitivity to different learning styles;

7. School curricula should deal directly with issues of power, gender politics and violence against women because girls who are well-informed are better equipped to make decisions about their futures and girls and young women who have a strong sense of themselves are better able to confront violence and abuse in their lives;

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ê1993 Statutes of Nevada, Page 3093 (FILE NUMBER 151, ACR 23)ê

better equipped to make decisions about their futures and girls and young women who have a strong sense of themselves are better able to confront violence and abuse in their lives;

8. Efforts to improve schools must include a focus on the ongoing professional development of teachers and administrators, including those working in specialized areas such as bilingual, special and vocational education;

9. Educational organizations must support the development of curricula which is gender equitable and multicultural in all areas of instruction, by way of conferences, meetings, budget deliberations and policy decisions;

10. Existing guidelines which promote gender equity should be effectively implemented in all programs supported by the state and local governments and specific attention must be directed toward including women on planning committees and focusing on girls and women in the goals, instructional strategies, teacher training and research components of these programs;

11. Research on the effect on girls and boys of new curricula in the sciences and mathematics should be encouraged and research is needed particularly in science areas where boys appear to be improving their performance while girls are not;

12. Educational institutions, professional organizations and the business community must work together to dispel myths about math and science as “inappropriate” fields for women;

13. Schools and communities must encourage and support girls studying science and mathematics by showcasing women as role models in scientific and technological fields, disseminating career information and offering “hands-on” experiences and work groups in science and math classes;

14. Schools should seek strong links with organizations which serve youth that have developed successful out-of-school programs for girls in mathematics and science and with those girls’ schools that have developed effective programs in these areas;

15. Links should be developed with the private sector to help ensure that girls and boys with training in nontraditional areas find appropriate employment;

16. The use of a discretionary process for awarding the money for vocational education should be encouraged to prompt innovative efforts;

17. Test scores should not be the only factor considered in admissions or the awarding of scholarships;

18. General aptitude and achievement tests should balance sex differences in item types and contexts and these tests should favor neither females nor males;

19. Tests that relate to “real life situations” should reflect the experiences of both girls and boys;

20. State and local governing bodies should ensure that women and men of diverse backgrounds are equitably represented on committees and commissions on educational reform;

21. Receipt of government funding for in-service and professional development programs should be conditioned upon evidence of efforts to increase the number of women in positions in which they are underrepresented;

22. Agencies should collect, analyze and report data broken down by race or ethnicity, sex and some measure of socioeconomic status, such as parental income or education and standards for use by all school districts should be developed so that data is comparable among school districts;

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ê1993 Statutes of Nevada, Page 3094 (FILE NUMBER 151, ACR 23)ê

income or education and standards for use by all school districts should be developed so that data is comparable among school districts;

23. Standards for computing dropout rates should be developed for use by all school districts;

24. Professional organizations should ensure that women serve on committees which focus on education and organizations should utilize the expertise of their female membership when developing educational initiatives;

25. Schools must call on the expertise of teachers, a majority of whom are women, in their restructuring efforts;

26. Women teachers must be encouraged and supported to seek positions where they can bring the insights gained in the classroom to the formulation of policies related to education;

27. Strong policies against sexual harassment must be developed and enforced and all school personnel must take responsibility for enforcing these policies;

28. Schools should make support services, such as child care and transportation, available to students;

29. State and local school board policies should enable and encourage young mothers to complete school, without compromising the quality of education these students receive; and

30. Child care for the children of teen mothers must be an integral part of all programs designed to encourage young women to pursue or complete educational programs;

and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the State Board of Education, the Chairman of the Board of Regents of the University of Nevada and the board of trustees of each school district in Nevada.

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FILE NUMBER 152, ACR 62

Assembly Concurrent Resolution No. 62–Committee on Judiciary

FILE NUMBER 152

ASSEMBLY CONCURRENT RESOLUTION–Urging local law enforcement agencies to develop guidelines to ensure that citizens are afforded their right to bear arms.

whereas, The Nevada Constitution plainly states that “every citizen has the right to keep and bear arms for security and defense,” and in 1989 the Nevada Legislature passed legislation prohibiting local jurisdictions from imposing any new restrictions on that right; and

whereas, Reports from many citizens indicate that statutes regarding the carrying of concealed weapons are being interpreted by local authorities in vastly different ways, sometimes resulting in citizens being subjected to misinformation, and unlawful restrictions on their right to bear arms for security and defense; and

whereas, The meaning of the term “concealed upon a person,” which is used in Nevada law, does not restrict having a weapon concealed in any location that is not actually upon the person or carried within a container by the person, and therefore it is permissible to carry a weapon in locations such as a vehicle glovebox or under a seat; and

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ê1993 Statutes of Nevada, Page 3095 (FILE NUMBER 152, ACR 62)ê

location that is not actually upon the person or carried within a container by the person, and therefore it is permissible to carry a weapon in locations such as a vehicle glovebox or under a seat; and

whereas, A weapon has no value for security and defense if it is unloaded or inaccessible to the citizen when the need for self-defense arises, such as in the case of a car-jacking, and therefore local law enforcement agencies should not interpret laws relating to weapons or permits to carry them based on whether they are loaded; and

whereas, Recent reports indicate that guns held by citizens were a significant factor in keeping peace and minimizing criminal activity after Hurricane Andrew in Florida; and

whereas, A right has no value if citizens are kept in ignorance of it or discouraged from exercising it by misinformation from authorities; and

whereas, The Nevada Legislature fully supports the full exercise of the right to keep and bear arms for security and defense as guaranteed in the Nevada Constitution and under Nevada law; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature urges local law enforcement agencies to develop guidelines and train officers and others who come in contact with the public to assure that citizens are afforded their full right to keep and bear arms for security and defense; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to every law enforcement agency in Nevada.

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FILE NUMBER 153, AJR 36

Assembly Joint Resolution No. 36–Committee on Ways and Means

FILE NUMBER 153

ASSEMBLY JOINT RESOLUTION–Urging Congress and the President of the United States to extend permanently the authority of states to issue tax-exempt small issue industrial development bonds and qualified mortgage revenue bonds.

whereas, Tax-exempt bonds have been instrumental in promoting economic diversification and expansion in the State of Nevada by assisting qualified business enterprises to finance capital expansion projects within Nevada and by providing a stable source of mortgage loans for residents of Nevada with low and moderate incomes, thereby alleviating the crucial storage of housing for such persons; and

whereas, There is a need to improve the availability of long-term capital for investment in small manufacturing companies to create jobs and promote growth, which the tax-exempt small issue industrial development bond program is designed to address; and

whereas, There is a shortage of affordable single-family housing in the State of Nevada for purchase by persons of low or moderate income, which the qualified tax-exempt mortgage revenue bond program is designed to correct; and

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ê1993 Statutes of Nevada, Page 3096 (FILE NUMBER 153, AJR 36)ê

whereas, These tax-exempt bond programs expired June 30, 1992, and the immediate restoration of these financing tools would have immediate and long-term positive impact on Nevada’s economy; and

whereas, The continuation of these tax-exempt bonds will assist the State of Nevada in its efforts to diversify the state’s economy, to create new jobs, and to achieve many of the goals and objectives of the 1992 State Plan for Economic Diversification and Development; and

whereas, The State of Nevada has previously established a process pursuant to chapter 348A of NRS which authorizes the establishment of an allocation program by which the State of Nevada can restrict the number of tax-exempt private activity bonds so that the amount of such bonds can be contained within the volume cap established for the State of Nevada by federal tax law (26 U.S.C. § 146(b) and (c)); and

whereas, The State of Nevada has successfully managed these financing tools under the existing allocation process; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That Congress and the President of the United States are hereby urged to approve legislation to make permanent the authority for states to issue tax-exempt small issue industrial development bonds and qualified tax-exempt mortgage revenue bonds; and be it further

resolved, That the authority to issue these bonds should remain within the Department of Commerce or its successor organization pursuant to the reorganization of state government; 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; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 154, SCR 56

Senate Concurrent Resolution No. 56–Senators Raggio, McGinness, Jacobsen, James, Lowden, O’Connell, O’Donnell, Rawson, Rhoads, Smith, Townsend, Adler, Brown, Callister, Coffin, Glomb, Hickey, Neal, Nevin, Shaffer and Titus

FILE NUMBER 154

SENATE CONCURRENT RESOLUTION–Memorializing Pat Nixon, former first lady and native Nevadan.

whereas, This legislative body notes with profound sorrow the passing of one of America’s great ladies, Patricia Ryan Nixon; and

whereas, A native of Nevada, Thelma Catherine Ryan was born in Ely, Nevada, on March 16, 1912, an hour before St. Patrick’s Day, causing her proud Irish father to nickname her “Pat”; and

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ê1993 Statutes of Nevada, Page 3097 (FILE NUMBER 154, SCR 56)ê

whereas, After an unsuccessful mining career in Nevada, the Ryan family moved to California where Pat grew up and was educated, graduating from the University of Southern California in 1937; and

whereas, In her early years Pat Nixon had careers as an X-ray technician from 1931 through 1933, a high school teacher from 1937 through 1941, and a government economist from 1942 through 1945, and in her later years she was a staunch supporter of world-wide humanitarian service through volunteerism in the United States; and

whereas, Pat and Richard Nixon were married 53 years and had two daughters, Julie Nixon Eisenhower and Tricia Nixon Cox; and

whereas, Throughout her life, Pat Nixon was quiet, private and dignified, often considered one of America’s most gracious first ladies; and

whereas, Pat Nixon was always at her husband’s side with unquestioned loyalty, and her distinguished presence makes her one of the most respected ladies ever to live in the White House; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 67th session of the Nevada Legislature offer their sincere condolences to former President Richard Nixon and his family and express their overwhelming pride in referring to Pat Nixon as a native Nevadan; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to former President Richard M. Nixon.

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FILE NUMBER 155, ACR 82

Assembly Concurrent Resolution No. 82–Assemblymen Dini, Price, Anderson, Arberry, Augustine, Bache, Bennett, Bonaventura, Carpenter, Chowning, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Giunchigliani, Gregory, Haller, Heller, Hettrick, Humke, Kenny, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Regan, Sader, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 155

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 67th 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

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

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ê1993 Statutes of Nevada, Page 3098 (FILE NUMBER 155, ACR 82)ê

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 67th 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.

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FILE NUMBER 156, ACR 83

Assembly Concurrent Resolution No. 83–Assemblymen Heller, Gibbons, Gregory, Toomin, Kenny, Giunchigliani, Myrna Williams, Schneider, Ernaut, Neighbors, Segerblom, Petrak, Hettrick, Bonaventura, Augustine, Wendell Williams, Bennett, Porter, Marvel, Bache, Tiffany, McGaughey, Evans, Lambert, de Braga, Anderson, Smith, Chowning, Scherer, Arberry, Spitler, Price, Collins, Regan, Perkins, Humke, Freeman, Garner, Sader, Carpenter and Dini

FILE NUMBER 156

ASSEMBLY CONCURRENT RESOLUTION–Memorializing James Calhoun, former director of the Nevada State Museum.

whereas, The members of the Nevada Legislature note with sorrow the passing of James W. Calhoun, former director of the Nevada State Museum; and

whereas, James W. Calhoun was born in Philipsburg, Montana, on November 6, 1903; and

whereas, In 1934, Jim Calhoun married Thelma Davis, an artist, who later became a councilwoman and city supervisor; and

whereas, Jim Calhoun was hired by the State of Nevada in 1948 to build display cases for a new gun room in the Nevada State Museum and to construct cages for animals in the children’s zoo which was then located alongside the museum; and

whereas, Two years later, Jim Calhoun successfully completed construction of the mine in the Nevada State Museum allowing it to open on schedule on Nevada Day, October 31, 1950; and

whereas, In 1951, Jim Calhoun was appointed Director of the Nevada State Museum, a position he held until his retirement in 1973; and

whereas, Under his leadership, Jim Calhoun created a mobile museum which toured the schools in Nevada, an innovation which brought national recognition to the museum; and

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ê1993 Statutes of Nevada, Page 3099 (FILE NUMBER 156, ACR 83)ê

whereas, In 1972, the Nevada State Museum was accredited by the prestigious American Association of Museums, an act officially establishing it as a professional institution of the highest quality; and

whereas, The Nevada State Museum has evolved into an innovative combination of research and education making it an invaluable resource of Nevada’s history, largely because of Jim Calhoun’s dedication, direction and insight; and

whereas, Jim Calhoun received the Distinguished Nevadan Award in 1993, was President of the Truman-Orr Foundation, was a member of Carson Host Lions and was a lifetime member of the Lions International; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature offer their sincere condolences to the family and friends of the late James W. Calhoun, and express their gratitude for his devoted service to the State of Nevada; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jim Calhoun’s wife Thelma Calhoun of Carson City, his daughter, Patricia Ariaz, and son, James Calhoun, both of Reno.

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FILE NUMBER 157, SCR 49

Senate Concurrent Resolution No. 49–Committee on Government Affairs

FILE NUMBER 157

SENATE CONCURRENT RESOLUTION–Urging all parties involved in the proposed mining operation at the Robinson Mining District to cooperate concerning completion of the Environmental Impact Statement.

whereas, Large-scale copper mining has been a mainstay of White Pine County’s economy for most of this century, commencing in 1907 and coming to a close in 1978; and

whereas, Magma Nevada Mining Company, a subsidiary of Magma Copper, a major copper mining company, has conducted geologic, economic and environmental studies over the last 2 years to determine the feasibility of reopening the copper mining area known as the Robinson Mining District near the towns of Ruth and Ely in White Pine County; and

whereas, The proposed mining operation, originally planned to commence operations in 1994, would employ approximately 500 persons with a total annual payroll of nearly $20,000,000 for a period of 16 or more years; and

whereas, Substantial economic benefits would accrue to local businesses in White Pine County and local and state government in the form of economic activity and tax revenues paid by the mining operation; and

whereas, The Bureau of Land Management, Ely District, prepared an Environmental Assessment of the mining proposal as required by the National Environmental Policy Act, and found that with the proposed mitigation measures there would be no significant impact by the proposed mining activity on the public lands; and

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ê1993 Statutes of Nevada, Page 3100 (FILE NUMBER 157, SCR 49)ê

National Environmental Policy Act, and found that with the proposed mitigation measures there would be no significant impact by the proposed mining activity on the public lands; and

whereas, The Bureau of Land Management’s decision finding no significant impact has been appealed jointly by the Mineral Policy Center, based in Washington, D.C., and the Toiyabe Chapter of the Sierra Club, based in Nevada, with the appellants claiming that a more thorough analysis is required; and

whereas, The Bureau of Land Management has withdrawn its original decision and is now requiring an Environmental Impact Statement which will take approximately 1 year to complete; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature urges all parties involved in the proposed mining operation at the Robinson Mining District, including Magma Nevada Mining Company, local governmental officers, the Mineral Policy Center, the Toiyabe Chapter of the Sierra Club and agencies of the State of Nevada, to work cooperatively to complete the Environmental Impact Statement as quickly as possible; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Magma Nevada Mining Company, the Bureau of Land Management, Ely District, the Mayor and City Council of Ely, the White Pine County Commission, the Mineral Policy Center, the Toiyabe Chapter of the Sierra Club, the Nevada Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Nevada Department of Minerals.

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FILE NUMBER 158, SCR 50

Senate Concurrent Resolution No. 50–Senators Rhoads and O’Connell

FILE NUMBER 158

SENATE CONCURRENT RESOLUTION–Urging the adoption of policies to avoid takings by governmental entities.

whereas, The 5th and 14th Amendments to the Constitution of the United States and Section 8 of Article 1 of the Constitution of the State of Nevada prohibit the taking of private property for public use without just compensation; and

whereas, Actions by state or local governments in carrying out regulations and ordinances or in approving licenses, applications and permits relating to real property may implicate or result in a taking of private property; and

whereas, The establishment of a procedure to review governmental actions relating to real property for takings implications can serve to protect the state and local governments from unnecessary litigation and possible adverse court rulings; and

whereas, The carrying out of a procedure to review governmental action relating to real property for takings implications will serve residents of Nevada by assuring considered governmental action when relating to private property; now, therefore, be it

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ê1993 Statutes of Nevada, Page 3101 (FILE NUMBER 158, SCR 50)ê

Nevada by assuring considered governmental action when relating to private property; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Attorney General of the State of Nevada is hereby urged to develop a checklist or guidelines, in appropriate cases, to be utilized by state agencies when taking actions relating to or potentially affecting real property; and be it further

resolved, That the Attorney General is also urged to undertake training of Deputies Attorney General regarding the checklist and related takings jurisprudence and, through those deputies, the training of appropriate state agency personnel; and be it further

resolved, That the Nevada Association of Counties and the Nevada League of Cities are hereby urged to develop a checklist or guidelines to be utilized by local governments when enacting ordinances and processing applications, licenses and permits relating to or affecting real property; and be it further

resolved, That the Nevada Association of Counties and the Nevada League of Cities are also urged to undertake training of local governmental officers regarding the checklist and related takings jurisprudence and, through those officers, the training of appropriate local governmental personnel; and be it further

resolved, That any takings assessment prepared by any state or local government entity pursuant to this resolution is not intended to create any administrative or judicial cause of action or be discoverable or admissible in any judicial or administrative proceeding; and be it further

resolved, That the Attorney General, The Nevada Association of Counties and the Nevada League of Cities report to the 68th session of the Nevada Legislature concerning actions taken pursuant to this resolution; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Attorney General of the State of Nevada, the Nevada Association of Counties and the Nevada League of Cities.

________

FILE NUMBER 159, SCR 51

Senate Concurrent Resolution No. 51–Senators Brown, Coffin, Glomb, Hickey and Nevin

FILE NUMBER 159

SENATE CONCURRENT RESOLUTION–Urging the Welfare Division of the Department of Human Resources to provide alternative child care programs to support parents in their efforts to gain employment.

whereas, The Job Opportunities and Basic Skills Training Program, which is supported by matching money from the Federal Government, was established to prepare recipients of Aid to Families With Dependent Children to enter the workforce by offering training in essential job skills, thereby raising their self-esteem by providing them with the opportunity to earn the money to support their families; and

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ê1993 Statutes of Nevada, Page 3102 (FILE NUMBER 159, SCR 51)ê

raising their self-esteem by providing them with the opportunity to earn the money to support their families; and

whereas, In 1992, only one-third of those recipients of welfare benefits were able to participate in such training programs because of a lack of money for child care; and

whereas, Other siblings are often kept home from school to care for the younger children in the family while their parents seek employment which can perpetuate the continuing pattern of unemployment in those children because of a lack of education; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby urges the Welfare Division of the Department of Human Resources to seek all necessary waivers from the Federal Government to provide alternative child care programs which would assist recipients of Aid to Families With Dependent Children to gain employment and become self-supporting; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the State Welfare Administrator.

________

FILE NUMBER 160, SCR 17

Senate Concurrent Resolution No. 17–Senators Raggio, Rawson, Coffin, Callister, Jacobsen and O’Donnell

FILE NUMBER 160

SENATE CONCURRENT RESOLUTION–Urging the Governor to establish a task force to examine existing and proposed programs in this state for providing personal assistance services for persons with disabilities.

whereas, Persons with disabilities should have the opportunity to achieve the highest level of personal functioning; and

whereas, In addition to education, health care and social services, a person with a disability often requires personal assistance services from another person, which includes assistance with tasks that a person would normally do for himself if he did not have a disability; and

whereas, Because of inadequate or nonexistent personal assistance services, persons with disabilities are often institutionalized against their wishes; and

whereas, Such services would enable a person with a disability to participate in every aspect of sociocultural life, including, but not limited to, home, school, work, cultural and spiritual activities, leisure, travel and political life; and

whereas, Personal assistance services should be designed to offer a choice of various degrees of assistance based on the individual needs of the person with the disability; and

whereas, All persons with disabilities should be entitled to receive personal assistance services without regard to health, income, marital or family status, race, national origin, cultural background, religion, gender, sexual preference or geography; now, therefore, be it

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3103 (FILE NUMBER 160, SCR 17)ê

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature support all efforts to develop a national program which would provide personal assistance services for persons with disabilities; and be it further

resolved, That the Nevada Legislature urges the Governor to establish a task force to examine existing and proposed programs in this state for providing personal assistance services for persons with disabilities and propose recommendations relating to the planning, development, refinement and implementation of those programs; and be it further

resolved, That the Governor appoint the following persons to the task force, to serve without compensation or reimbursement for expenses:

1. Persons with disabilities;

2. Administrators of programs providing personal assistance services for persons with disabilities;

3. Representatives of state agencies;

4. Members of the Nevada Legislature; and

5. Any other interested person the Governor considers appropriate.

________

FILE NUMBER 161, SCR 47

Senate Concurrent Resolution No. 47–Legislative Affairs and Operations

FILE NUMBER 161

SENATE CONCURRENT RESOLUTION–Encouraging the Perinatal Substance Abuse Subcommittee to develop a long-term plan and policy to prevent or ameliorate maternal drug or alcohol abuse to reduce the number of infants born exposed to drugs or alcohol.

whereas, The Legislature of the State of Nevada recognizes the complex problem of maternal drug and alcohol addiction, and the severe consequences to infants who are exposed to drugs or alcohol; and

whereas, The Governor has appointed a Perinatal Substance Abuse Subcommittee within the Commission on substance Abuse Education Prevention, Enforcement and Treatment, which has recently published a report, “The Effects of Alcohol and Drugs on Babies and Children,” that evaluates the magnitude of the problem in Nevada; and

whereas, The United States General Accounting Office conducted research relating to maternal drug and alcohol addiction and concluded that the average number of infants exposed to drugs or alcohol was approximately 16 percent of all live births; and

whereas, These infants are born with physical, intellectual, emotional and neurobehavioral deficiencies that persist and may become more severe with age, resulting in a subpopulation of children with formidable problems; and

whereas, Medical costs in the first year of the life of an infant exposed to drugs or alcohol may range between $8,000 and $40,000; and

whereas, The costs of education for children affected by drugs or alcohol in the school system may average $6,624 per child per year, including $3,124 in supplemental special education costs, which almost doubles the average cost of education per student of $3,500; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3104 (FILE NUMBER 161, SCR 47)ê

in supplemental special education costs, which almost doubles the average cost of education per student of $3,500; and

whereas, The implications of maternal drug and alcohol abuse during pregnancy do not end with delivery or even with the controlled withdrawal of drugs or alcohol from the infant; and

whereas, Criminal prosecution of the mother may be counter-productive, as the effect may drive women away from prenatal care or substance abuse treatment, thereby increasing the harm to the infant; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend the Perinatal Substance Abuse Subcommittee on its valuable efforts to study the effects of alcohol and drug abuse on newborns and children; and be it further

resolved, That the Perinatal Substance Abuse Subcommittee is hereby encouraged to develop a long-term plan and comprehensive policy for the coordination and collaboration of available services in the public and private sectors that attempt to prevent or ameliorate maternal drug or alcohol abuse to reduce the number and severity of infants born exposed to drugs or alcohol; and be it further

resolved, That the Perinatal Substance Abuse Subcommittee should address the following issues in the development of its long-term plan and policy for Nevada:

1. The needs of existing programs and services in all human service agencies which attempt to handle pregnant and postpartum women who are abusers of drugs or alcohol and their infants, especially in rural areas;

2. The interaction between law enforcement agencies, the judicial system and human service agencies to examine ways in which the differing philosophies may be reviewed and evaluated to determine how best to improve the lives of infants and children who are perinatally exposed to drugs and alcohol;

3. The impact of children exposed to drugs and alcohol on the educational system as they enroll in schools; and

4. Professional education that is available or necessary for physicians, social workers, substance abuse counselors, educators, psychologists and other who can provide early intervention to prevent maternal drug and alcohol abuse;

and be it further

resolved, That the Perinatal Substance Abuse Subcommittee, with the endorsement of the Nevada Legislature, is urged to continue its efforts to secure grants and funding to allow the Subcommittee to achieve its goals in the areas of education, prevention and treatment of perinatal substance abuse in Nevada; and be it further

resolved, That the Perinatal Substance Abuse Subcommittee submit a report of its findings and any recommendation for appropriate legislation to the 68th session of the Nevada Legislature.

________

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3105ê

FILE NUMBER 162, ACR 84

Assembly Concurrent Resolution No. 84–Assemblymen Chowning, Dini, Bache, Kenny, Smith, Giunchigliani, Bennett, Anderson, Arberry, Augustine, Bonaventura, Carpenter, Collins, de Braga, Ernaut, Evans, Freeman, Garner, Gibbons, Gregory, Haller, Heller, Hettrick, Humke, Lambert, McGaughey, Marvel, Neighbors, Perkins, Petrak, Porter, Price, Regan, Sader, Scherer, Schneider, Segerblom, Spitler, Tiffany, Toomin, Myrna Williams and Wendell Williams

FILE NUMBER 162

ASSEMBLY CONCURRENT RESOLUTION–Commending Michael H. Meyer, Executive Director of the Boys and Girls Clubs of Las Vegas.

whereas, For over 20 years, Michael H. Meyer, Executive Director of the Boys and Girls Club of Las Vegas, has made great strides in making life a little better for thousands of disadvantaged, at-risk youth in Southern Nevada; and

whereas, With the increase in the population of Southern Nevada, Michael Meyer has guided the expansion of the Boys and Girls Clubs of Las Vegas into neighborhoods populated with gangs to target at-risk youth by offering both traditional recreational programs and nontraditional programs that deal with drug and alcohol abuse and teen pregnancy; and

whereas, Michael Meyer’s efforts have helped to keep many young people from being recruited into gangs, allowing them to live lives with hope for the future instead of ending up in prison or in a morgue; and

whereas, Michael Meyer has provided at-risk youth with a choice to join a “gang on the neighborhood playground” rather than a “gang in the neighborhood war zone”; and

whereas, Michael Meyer has exemplified the highest ideals of public service and has earned the respect and admiration of the many young persons with whom he has come in contact; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 67th session of the Nevada Legislature hereby commend Michael H. Meyer for his dedicated service to the youth in Southern Nevada; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Michael H. Meyer.

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ê1993 Statutes of Nevada, Page 3106ê

FILE NUMBER 163, AR 12

Assembly Resolution No. 12–Committee on Elections and Procedures

FILE NUMBER 163

ASSEMBLY RESOLUTION–Adopting the condensation, explanation, arguments and fiscal note for Assembly Bill No. 173 of the 67th legislative session.

resolved by the assembly of the state of nevada, That the condensation, explanation, arguments for and against and fiscal note for Assembly Bill No. 173 of the 67th legislative session must read as follows:

Condensation (ballot question)

Shall the Sales and Use Tax of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale and the storage, use or other consumption of horses?

Explanation

The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the gross receipts from the sale and the storage, use or other consumption of horses. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.

Arguments for Passage

Horses are one of the few forms of livestock which are currently subject to sales and use taxes. Most other animals are exempt because they are used to produce food for human consumption. In reality, the tax is not collected on most sales of horses. These sales often take place between private parties and are not reported. Therefore, it would be more fair to treat horses like other livestock and exempt them from sales and use taxes.

Arguments Against Passage

Nevada should not provide additional exemptions to its sales tax, particularly for items such as horses which are often used only for recreation.

Fiscal Note

Fiscal Impact--Yes. Approval of this question would result in minor revenue losses for the state and for local governments and school districts. These losses are estimated at $5,631 in fiscal year 1994-1995, and approximately $13,500 in subsequent fiscal years.

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…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3107ê

FILE NUMBER 164, SJR 7

Senate Joint Resolution No. 7–Committee on Natural Resources

FILE NUMBER 164

SENATE JOINT RESOLUTION–Directing the Legislative Commission to appoint a committee to continue the review of 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

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, The Legislature of the State of Nevada is vitally concerned with achieving regional goals in conserving the natural resources of the entire Lake Tahoe Basin and with the programs and activities of the Tahoe Regional Planning Agency which affect these goals; and

whereas, Subcommittees of the Legislative Commission have successfully conducted reviews of the programs and activities of the Tahoe Regional Planning Agency on previous occasions; and

whereas, Assembly Joint Resolution No. 17 of the 66th Legislative Session directed the Legislative Commission to appoint a committee of seven members of the Nevada Legislature to review and oversee the functioning of the Tahoe Regional Planning Compact; and

whereas, The review and oversight of the programs and activities of the Tahoe Regional Planning Agency continue to be necessary to ensure proper functioning of the agency; and

whereas, It is vital to remain in communication with members of the Legislature of the State of California to continue to achieve the goals set forth in the Tahoe Regional Planning Compact; now, therefore, be it

resolved by the senate and the assembly of the state of nevada, jointly, That the Legislative Commission is directed to appoint a committee of six legislators composed of three senators and three assemblymen to continue the review of the Tahoe Regional Planning Compact and to oversee the Tahoe Regional Planning Agency; and be it further

resolved, That the committee is directed to monitor the budget, program, activities, responsiveness and accountability of the Tahoe Regional Planning Agency; and be it further

resolved, That the committee is directed to continue to communicate with interested members of the Legislature of the State of California to achieve the goals set forth in the Tahoe Regional Planning Compact; and be it further

resolved, That the Secretary of the Senate transmit copies of this resolution to each member of the California delegation to the Tahoe Regional Planning Agency, the President Pro Tem of the Senate and the Speaker of the Assembly of the State of California; and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3108 (FILE NUMBER 164, SJR 7)ê

Planning Agency, the President Pro Tem of the Senate and the Speaker of the Assembly of the State of California; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 165, SCR 46

Senate Concurrent Resolution No. 46–Committee on Taxation

FILE NUMBER 165

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study concerning the most appropriate method of establishing a Legislative Budget Office.

whereas, The Constitution of the State of Nevada provides that money may be drawn from the treasury only by appropriations made by the Legislature; 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, There is currently no opportunity for the Legislature to review the budget proposals of the Governor before the beginning of the legislative session; and

whereas, A Legislative Budget Office is necessary to facilitate the process of budget approval; and

whereas, There are several ways to establish and operate such an office; 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 concerning the method of establishing a Legislative Budget Office; and be it further

resolved, That the study include:

1. An evaluation of the options which are available for establishing and operating a Legislative Budget Office;

2. A recommendation of the most appropriate option;

3. An evaluation of any necessary changes in state law; and

4. A proposed schedule for the establishment of the Legislative Budget Office;

and be it further

resolved, That the results of the study and any recommended legislation be reported to the 68th session of the Nevada Legislature.

________

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3109ê

FILE NUMBER 166, SCR 52

Senate Concurrent Resolution No. 52–Committee on Legislative Affairs and Operations

FILE NUMBER 166

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study to examine the structure and financing of public elementary and secondary education in Nevada.

whereas, The structure of the system of public elementary and secondary education in Nevada was designed at the turn of the century and may not meet the needs of the residents of this state as they participate in today’s global economy; and

whereas, Many national, state and local proposals to reform elementary and secondary education take a piecemeal approach rather than examining broad-base structural reform; and

whereas, The exiting educational structure and any proposed changes to that structure are linked to school financing frameworks; 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 structure and financing of public elementary and secondary education in Nevada; and be it further

resolved, That the study include a review of the present system of elementary and secondary education, as well as proposed reforms of that system locally and nationally; and be it further

resolved, That the committee consist of:

1. Four members of the Nevada Legislature, appointed by the Legislative Commission, from whom the Legislative Commission shall appoint the chairman of the committee;

2. The Superintendent of Public Instruction; and

3. The Dean of the College of Education for the University of Nevada, Reno, or his designee;

and be it further

resolved, That the results of the study and any recommended legislation be submitted to the 68th session of the Nevada Legislature.

________

FILE NUMBER 167, SCR 55

Senate Concurrent Resolution No. 55–Committee on Finance

FILE NUMBER 167

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the overtime worked by state employees and the methods of complying with the Fair Labor Standards Act.

whereas, The State of Nevada classifies its employees within the executive department as being either classified or unclassified, and the rights and benefits of a state employee are dependent upon his classification; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3110 (FILE NUMBER 167, SCR 55)ê

whereas, The federal Fair Labor Standards Act designates specific categories of employees for the purposes of the Act, including the payment of overtime to those employees; and

whereas, A recent federal court case found that this state’s method for the payment of overtime to certain state employees in accordance with state’s system of classification was in violation of the Fair Labor Standards Act; and

whereas, Overtime not only affects the quality of life of the state employees required to work the overtime by limiting the time they can spend with family and friends, but it costs this state millions of dollars each year; and

whereas, Nevada must develop a system of classification of its personnel which would improve the efficiency of the government services to the residents of this state by effectively utilizing the manpower of the state employees while minimizing the amount of overtime that these employees must work; 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 concerning the system of classification of state employees and the payment of overtime to those employees; and be it further

resolved, That the study include, but not be limited to, an examination, review and evaluation of:

1. The system for the classification of state employees;

2. The methods by which those state employees are being paid overtime;

3. Alternative methods of classifying and paying overtime to state employees to determine the most efficient methods that could be utilized in this state; and

4. The compliance of any proposed system of classification of state employees with the Fair Labor Standards Act;

and be it further

resolved, That the Legislative Commission report the results of the study and any recommenced legislation to the 68th session of the Nevada Legislature.

________

FILE NUMBER 168, SR 10

Senate Resolution No. 10–Committee on Legislative Affairs and Operations

FILE NUMBER 168

SENATE RESOLUTION–Designating certain Senators as members of the Legislative Commission and providing the method for 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 Mark A. James, Randolph J. Townsend, Dean A. Rhoads, Dina Titus, Raymond C. Shaffer and Ernest E. Adler are designated as the regular Senate members of the Legislative Commission; and be it further

resolved, That Senators Ann O’Connell and Sue Lowden are designated as the first and second alternate members, respectively, for Senator Mark A.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3111 (FILE NUMBER 168, SR 10)ê

James; Senators William J. Raggio and Raymond D. Rawson are designated as the first and second alternative members, respectively, for Senator Randolph J. Townsend; Senators Mike McGinness and Lawrence E. Jacobsen are designated as the first and second alternate members, respectively, for Senator Dean A. Rhoads; and be it further

resolved, That Senators Leonard V. Nevin, Thomas J. Hickey, Joseph M. Neal, Jr., and Lori L. Brown are designated as the first, second, third and fourth alternate members, respectively, for Senators Dina Titus, Raymond C. Shaffer and Ernest E. Adler; 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.

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.

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ê1993 Statutes of Nevada, Page 3112ê

FILE NUMBER 169, AJR 20

Assembly Joint Resolution No. 20–Committee on Commerce

FILE NUMBER 169

ASSEMBLY JOINT RESOLUTION–Urging Congress to enact legislation to facilitate the establishment of the Western United States Trade District.

whereas, The State of Nevada must continue to diversify its economy; and

whereas, The economy of this state would benefit by the development of additional commercial enterprises which would attract more revenue into the state, provide more diversified occupational opportunities and contribute to an expansion of the state’s tax base; and

whereas, This state is blessed with an abundance of natural resources which may be harnessed commercially to provide sources of energy alternate to fossil fuel and nuclear power; and

whereas, The development of solar, geothermal and wind sources of energy can substantially contribute to the diversification of the economy of this state; and

whereas, The existing potential for development, which must be realized with a sensitivity to the environment and the interests and goals of the western states of the United States, involves major development of public works, including improved systems of public transportation, better land use planning and more economical use of natural resources, new opportunities for capital investment and more occupational opportunities for residents of the western United States; and

whereas, The United States continues to experience a serious disadvantage in international marketing which is exacerbated by a negative balance of payments; and

whereas, The State of Nevada, in cooperation with other western states, has particular geographical advantages as a gateway to the growing markets for international trade in the Pacific Basin which contains at least half of the world’s population; and

whereas, The development of a major international center of trade within this state would enhance the position of the United States as an international marketing force, serve as a showcase for the commercial application of sources of energy developed within the state, promote the development of commercial enterprises compatible with the traditional businesses of this state and contribute to the financial stability of this state; and

whereas, Significant inquiry, research and planning have been undertaken by various agencies of this state and by private organizations, particularly the Nevada International Trade Exchange, a Nevada nonprofit corporation, to determine whether the development of an international trade center in Nevada is economically feasible and whether it would benefit the citizens of Nevada and the United States; and

whereas, The results of that effort indicate that it is appropriate now to establish a trade district comprising public lands in certain counties of this state as the next step toward the development of a major international center of trade in Nevada; now, therefore, be it

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3113 (FILE NUMBER 169, AJR 20)ê

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to enact appropriate legislation to facilitate the establishment of the Western United States Trade District, composed of federally owned public lands in the Nevada counties of Churchill, Lyon and Pershing, identified by the Nevada International Trade Exchange, Inc.; and be it further

resolved, That the members of the Nevada Congressional Delegation are urged to draft and introduce the appropriate legislation and to work, with the assistance of the Nevada International Trade Exchange, Inc., and in cooperation with the appropriate federal agencies and the other members of Congress, to assure the prompt passage of this legislation and the timely development of the Western United States Trade District; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the legislatures of the western states of the United States, the members of the Nevada Congressional Delegation and to the United States Departments of Agriculture, Commerce, Energy, the Interior, State and Transportation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 170, AJR 28

Assembly Joint Resolution No. 28–Committee on Government Affairs

FILE NUMBER 170

ASSEMBLY JOINT RESOLUTION–Urging Congress to review the Social Security offset and windfall provisions.

whereas, Public employees in the State of Nevada participate in state or local retirement systems; and

whereas, A significant number of public employees and their spouses have also been employed in nonpublic sector jobs for which they and their employers have contributed to the Social Security system; and

whereas, Upon retirement, public employees are entitled to receive a pension based on their service and contributions to the retirement system; and

whereas, Public employees who have also been employed in nonpublic sector jobs or have spouses who have been so employed and have contributed to the Social Security system upon retirement expect to receive Social Security benefits which are commensurate with their Social Security-covered service and are comparable to those received by all other employees who have contributed to the Social Security system; and

whereas, As a result of the Social Security offset provision, subsections (b)(4), (e)(7), (f)(2) and (g)(4) of section 202 of the Social Security Act, and the windfall provision, section 215 (a)(7) of the Social Security Act, the Social Security benefits for which contributions were made by the employee or the employee’s spouse, respectively, are substantially reduced or eliminated depending upon whether an employee or the employee’s spouse has earned other retirement benefits from public employment; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3114 (FILE NUMBER 170, AJR 28)ê

depending upon whether an employee or the employee’s spouse has earned other retirement benefits from public employment; and

whereas, Public employees should not be penalized for their years of dedicated public service and should receive Social Security benefits which are commensurate with their or their spouses’ years of Social Security-covered service and contributions and are comparable to those received by all other employees; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 67th session of the Nevada Legislature hereby urge Congress to review the offset and windfall provisions of the Social Security Act and repeal or amend those provisions to provide relief to public system retirees by providing Social Security benefits to public system retirees commensurate with their or their spouses’ years of Social Security-covered service and contributions and are comparable to those Social Security benefits received by other retirees; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 171, AJR 29

Assembly Joint Resolution No. 29–Committee on Education

FILE NUMBER 171

ASSEMBLY JOINT RESOLUTION–Urging the national designation of the month of May as United States Armed Forces History Month.

whereas, The history of the United States of America reveals that our peaceful tranquility and pursuit of happiness have often been threatened or interrupted by the enemies of freedom; and

whereas, Millions of Americans have defended our nation during peace and armed conflict; and

whereas, Military history and the sacrifices of our veterans have been an integral part of American’s past; and

whereas, It is important for Nevadans to understand our military history and its role in keeping America free so our citizens can enjoy the blessings of liberty; and

whereas, Learning military history better prepares us to understand the complex problems which will be associated with the global challenges we will face in the future; and

whereas, It is fitting and proper that the residents of Nevada and all citizens of the United States of America recognize and honor the men and women in the United States Armed Forces for their loyalty, courage and determination; now, therefore, be it

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3115 (FILE NUMBER 171, AJR 29)ê

resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to designate the month of May, each year, as United States Armed Forces History Month and to support actively the educational programs which teach that history within public and private schools; and be it further

resolved, That the members of the Nevada Legislature hereby designate the month of May as United States Armed Forces History Month; and be it further

resolved, That the residents of the State of Nevada and pupils in the schools throughout this state are urged to observe the month with appropriate ceremonies and activities; 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, each member of the Nevada Congressional Delegation and the Superintendent of Public Instruction; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 172, AJR 37

Assembly Joint Resolution No. 37–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 172

ASSEMBLY JOINT RESOLUTION–Urging Congress to oppose proposed legislation that establishes a surcharge on water from federal reclamation projects.

whereas, Congress is currently considering proposed legislation that establishes a surcharge on water provided from federal reclamation projects; and

whereas, The proposed legislation would require individuals and nonfederal entities who are municipal, industrial or rural users of water provided from federal reclamation projects to pay to the United States a surcharge sufficient to generate at least $10,000,000 in each of the next 3 fiscal years and at least $15,000,000 in each fiscal year thereafter; and

whereas, The surcharge would be in addition to the annual operation and maintenance charges that are currently paid by users of water provided from federal reclamation projects and would also be in addition to any proposed energy tax that may be paid in the future by such users; and

whereas, Estimates of the initial surcharge range from 50 cents to $12 for each acre-foot of water stored, transported or delivered; and

whereas, The proposed legislation that is currently being considered by Congress establishes a flat surcharge in which each user must pay the same rate on the water, without regard to the user’s ability to pay or any other special circumstances; and

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ê1993 Statutes of Nevada, Page 3116 (FILE NUMBER 172, AJR 37)ê

whereas, The proposed legislation contains no sunset provision and therefore essentially establishes a permanent tax; and

whereas, In a year of average precipitation, the Truckee Carson Irrigation District in Churchill County delivers an average of 210,000 acre-feet of water from the Newlands Reclamation Project and under the provisions of the proposed legislation the surcharge to be paid by users of this water would fall within the approximate range of $105,000 to $2,500,000, thereby having a detrimental effect on the economy and citizens of the State of Nevada; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature urges the members of the Congress of the United States to oppose the proposed legislation that establishes a surcharge on water provided form federal reclamation projects; and be it further

resolved, That this resolution becomes effective upon passage and approval.

________

FILE NUMBER 173, ACR 36

Assembly Concurrent Resolution No. 36–Assemblymen Heller, Gibbons, Smith, Perkins, Regan, Collins, Spitler, Petrak, Bennett, Arberry, Garner, Lambert, Bache, Tiffany, Anderson, Chowning, Evans, Haller, McGaughey, Gregory, Marvel, Porter, Price, Augustine, Wendell Williams, Bonaventura, Segerblom, Neighbors, Ernaut, Schneider and Myrna Williams

FILE NUMBER 173

ASSEMBLY CONCURRENT RESOLUTION–Urging persons in charge of state buildings to display, until all missing persons are accounted for, the flag of the National League of Families of American Prisoners and Missing in Southeast Asia.

whereas, Two thousand two hundred and sixty-five Americans, including eight Nevadans, are still missing as a result of the war in Vietnam; and

whereas, Many other Americans remaining missing as a result of World War II and the Korean Conflict; and

whereas, The National League of Families of American Prisoners and Missing in Southeast Asia was incorporated in 1970 to obtain the return of all prisoners, the fullest possible accounting for all Americans who are still missing and the repatriation of all recoverable remains of those who died serving our nation in Southeast Asia; and

whereas, Nearly 20 years ago the League adopted a flag to serve as a constant reminder of the plight of America’s prisoners of war and those soldiers missing in action; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3117 (FILE NUMBER 173, ACR 36)ê

whereas, The flag has been displayed at the White House since 1982 and in the Rotunda of the United States Capitol since 1989; and

whereas, On August 10, 1990, Congress officially recognized the flag as the designated symbol of our Nation’s commitment to resolving the fates of Americans who are still prisoners or missing and unaccounted for in Southeast Asia; and

whereas, The State of Nevada should show its commitment as well for the important efforts of the League; 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 Chief of the Buildings and Grounds Division of the Department of General Services, the Director of the Legislative Counsel Bureau, the Chief Justice of the Nevada Supreme Court and the Board of Regents of the University and Community College System of Nevada to request that all state buildings under their respective control which are equipped with a flagpole display, until all missing persons are accounted for, the flag of the National League of Families of American Prisoners and Missing in Southeast Asia; and be it further

resolved, That the offer by the National League of Families of American Prisoners and Missing in Southeast Asia to provide the necessary flags is hereby accepted and no public money will be expended to supply or replace the flags; and be it further

resolved, That the flags be flown until such time as the Governor publicly proclaims that the fates of these Americans have been appropriately resolved; and be it further

resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Chief of the Buildings and Grounds Division of the Department of General Services, the Director of the Legislative Counsel Bureau, the Chief Justice of the Nevada Supreme Court and the Board of Regents of the University and Community College System of Nevada.

________

FILE NUMBER 174, ACR 38

Assembly Concurrent Resolution No. 38–Committee on Elections and Procedures

FILE NUMBER 174

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the laws relating to the financing of infrastructure which accompany residential, commercial and industrial development in this state.

whereas, Nevada is one of the fastest growing states in the nation; and

whereas, The continued development of the residential, commercial, resort and industrial sectors of Nevada’s economy is vitally important to the future of this state; and

whereas, The cost of providing the infrastructure for this development is passed on the consumer in the form of higher costs; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3118 (FILE NUMBER 174, ACR 38)ê

whereas, Providing adequate infrastructure to serve new development is of benefit to the whole community; and

whereas, Laws governing the methods used and methods which may be used to provide and finance the necessary public facilities and public works need to be examined to ensure an equitable distribution of the costs of providing these public improvements; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to appoint an interim study committee composed of three members from the Assembly and two members from the Senate to conduct a comprehensive study of the laws governing the methods used to finance the infrastructure for new residential, commercial and industrial development in this state; and be it further

resolved, That the Legislative Commission shall designate a chairman from amount the three members of the Assembly; and be it further

resolved, That the study include:

1. An examination of the effect on new development of providing services for utilities, streets, parks and other infrastructure;

2. An identification of all the methods and sources of financing authorized by the laws of this state and local ordinances, and the use or lack of use by local governments of these methods and sources of financing;

3. An evaluation of the projected need for infrastructure necessary to sustain continued future development; and

4. An identification and examination of revisions or expansions of current methods which may be used to finance infrastructure to accompany new residential, commercial and industrial development; and

5. An identification and examination of any new methods which may be used to finance infrastructure for residential, commercial and industrial development; and

6. The examination of all current and future financing methods, including, but not limited to, property tax, special taxes, sales tax, fees, bonds, exactions, special assessments, development charges, contributions, dedications, impact fees and any other methods used or which may be used by local governments, special districts or agencies to contribute to the financing of infrastructure;

and be it further

resolved, That the Governor is hereby directed to appoint 13 persons as members of an advisory committee to assist the interim study committee appointed by the Legislative Commission to study the financing of infrastructure for residential, commercial and industrial development; and be it further

resolved, That the advisory committee consists of representatives from the following areas:

1. Five members involved in local government;

2. Three members involved in residential housing development;

3. Two members involved in gaming and resort development;

4. Two members involved in commercial or industrial development; and

5. One member involved in a large land development which will become a master planned community;

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3119 (FILE NUMBER 174, ACR 38)ê

and be it further

resolved, That the Legislative Commission report the results of its study and any recommended legislation to the 68th session of the legislature.

________

FILE NUMBER 175, ACR 47

Assembly Concurrent Resolution No. 47–Committee on Taxation

FILE NUMBER 175

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study on the laws governing taxation generally and the creation of taxing districts.

whereas, There is an ever present need to ensure a stable source of revenue for this state; and

whereas, Progress requires a periodic review of Nevada’s tax statutes to determine whether the current state of affairs is adequately and equitably treated in statute; and

whereas, The creation of taxing districts has increased significantly in an effort to finance special interests; and

whereas, There has been a lack of consistency in the criteria used when creating these districts; and

whereas, Because taxing districts may compete for property tax revenue, it is desirable to provide criteria for existing and new districts for the Nevada Legislature in an effort to determine whether there is a need for a proposed taxing district; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study to review the existing laws governing taxation in this state generally, review the existing laws governing the creation of taxing districts and establish criteria to be used for the creation of these districts; and be it further

resolved, That, as to taxation in this state generally, the study should include:

1. A review of all exemptions to existing taxes, the legal source of those exemptions, the justification for retaining each of those exemptions and the effect of the exemptions on Nevada’s tax policy and revenue base;

2. Consideration of the desirability of adopting a statutory mechanism for the periodic review of existing exemptions; and

3. A review of the manner in which the gaming industry is taxed in this state, considering particularly the absence of gaming tax on activities such as family-oriented entertainment and theme parks which are offered by gaming licensees;

and be it further

resolved, That, as to taxing districts, the study should include:

1. The conditions to be used to determine the need for the district;

2. The election procedure used for the formation of the district;

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3120 (FILE NUMBER 175, ACR 47)ê

3. The amount of assessed valuation allowed the district for the purposes of bonding, the types of bonds authorized and the manner in which those bonds may be approved;

4. The manner by which the district is governed;

5. The statutory authority under which the district is created and may be created to allow for uniformity;

6. The manner by which the district may be expanded;

7. The manner by which the district should be dissolved;

8. The duration of the district;

9. The conditions under which a district formed for capital facilities is allowed to include expenditures for normal operation and maintenance; and

10. Any other conditions which are necessary to provide an evaluation for the appropriateness and need for the district;

and be it further

resolved, That this study be conducted by a subcommittee consisting of nine members appointed by the Legislative Commission, to be composed of:

1. Two Senators who are members of the Senate Standing Committee on Taxation;

2. Three Assemblymen who are members of the Assembly Standing Committee on Taxation;

3. One Senator who is a member of the Senate Standing Committee on Government Affairs;

4. One Assemblyman who is a member of the Assembly Standing Committee on Government Affairs; and

5. One additional Senator and one additional Assemblyman;

and be it further

resolved, That the Legislative Commission shall appoint at least four members to serve on an advisory committee including representatives of the Nevada Association of Counties, the Nevada League of Cities and two rural districts, one of which must be an irrigation district; and be it further

resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 68th session of the Nevada Legislature.

________

FILE NUMBER 176, ACR 67

Assembly Concurrent Resolution No. 67–Assemblymen Evans, Chowning, Neighbors, Augustine, Tiffany, Smith, Kenny, Petrak, Dini, Wendell Williams, Garner, Arberry, Marvel, Price and Freeman

FILE NUMBER 176

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to consider an interim study of the functioning of the Legislative Counsel Bureau.

whereas, It has been 30 years since the Legislative Counsel Bureau was established in its current structure; and

whereas, It has been 20 years since an organizational and operational review has been made of the Legislative Counsel Bureau; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3121 (FILE NUMBER 176, ACR 67)ê

whereas, The staff of the Legislative Counsel Bureau assists the Legislators in the performance of their official duties; and

whereas, The staff provides an invaluable resource to the residents of this state by providing information regarding the activities of the Legislature; and

whereas, The needs of the Legislators and the public have changed over the years and the structure and functioning of the Legislative Counsel Bureau should be reviewed to ensure its most efficient and effective operation; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission consider conducting an interim study of the structure and functioning of the Legislative Counsel Bureau and that the services of the National Conference of State Legislatures should be utilized in any such study; and be it further

resolved, That the results of any such study and any recommended legislation be reported to the 68th session of the Nevada Legislature.

________

FILE NUMBER 177, ACR 71

Assembly Concurrent Resolution No. 71–Committee on Judiciary

FILE NUMBER 177

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of drug and alcohol abuse among criminal offenders.

whereas, The rate of incarceration per capita in Nevada consistently ranks among the highest in the nation; and

whereas, The average offender population of the Nevada state prison system increased from 1,843 in fiscal year 1980-1981 to 4,753 in fiscal year 1991-1992, an increase of 212 percent; and

whereas, The average cost to house a Nevada offender was $14,672 and total expenditures for the Department of Prisons was approximately $110,000,000 in fiscal year 1991-1992; and

whereas, National studies show that 80 percent of males who are arrested and 75 percent of females who are arrested test positive for illegal drugs; and

whereas, Over 50 percent of prison offenders nationwide were under the influence of drugs or alcohol, or both, at the time they committed the offense for which they were incarcerated; and

whereas, Over 13 percent of convicted offenders nationwide said they committed their offense to obtain money for drugs; and

whereas, As many as 60 percent of Nevada offenders are estimated to have drug or alcohol problems; and

whereas, The incarceration of offenders with drug or alcohol addiction contributes significantly to the overcrowding of the Nevada prison system and, thus, the early release of violent offenders; and

whereas, Incarceration in Nevada constitutes custodial care rather than rehabilitation; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3122 (FILE NUMBER 177, ACR 71)ê

whereas, A drug or alcohol abuser who does not receive treatment in prison is still an abuser upon release and therefore at greater risk of recidivism; and

whereas, Many drug treatment options have been studied and carried out nationwide; and

whereas, The benefit-cost ratio of drug treatment programs is estimated to be 11.54, which means that substance abuse treatment saves society $11.54 for every dollar invested; and

whereas, Many nonviolent offenders could be diverted from the prison system to a mandated treatment program, reducing costs of incarceration and increasing the offenders’ chance of becoming rehabilitated and contributing members of society; 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 drug and alcohol abuse among criminal offenders in Nevada; and be it further

resolved, That the study include an evaluation of possible treatment programs either in lieu of or concurrent with incarceration, and a review of state laws relating to drug- and alcohol-related offenses; and be it further

resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 68th session of the Nevada Legislature.

________

FILE NUMBER 178, ACR 75

Assembly Concurrent Resolution No. 75–Committee on Elections and Procedures

FILE NUMBER 178

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the laws relating to the disclosure of information in real estate transactions.

whereas, There is general public concern regarding the disclosure of information in real estate transactions, particularly with regard to planning and zoning matters and future transportation routes; 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 relating to the disclosure of information in real estate transactions; and be it further

resolved, That the committee appointed by the Legislative Commission to conduct the study shall:

1. Review and evaluate the current laws of this state concerning the disclosure of information in real estate transactions;

2. Review and evaluate the implementation of any laws concerning the disclosure of information in real estate transactions passed by the 67th session of the Legislature; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3123 (FILE NUMBER 178, ACR 75)ê

3. Analyze the effectiveness of those laws in requiring that information concerning the planned or proposed routes of streets and highways be disclosed to a purchaser of real estate;

and be it further

resolved, That the Legislative Commission report the results of the study and recommended legislation to the 68th session of the Nevada Legislature.

________

FILE NUMBER 179, ACR 76

Assembly Concurrent Resolution No. 76–Assemblymen Wendell Williams, Petrak, Hettrick, Bonaventura, Perkins, Carpenter, Bennett, Augustine, Collins, Arberry, Porter, Gibbons, Freeman, Smith, Bache, Toomin, Chowning, Schneider, Spitler, de Braga, Price, Haller, Anderson, Ernaut and Kenny

FILE NUMBER 179

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the criminal justice system in Nevada.

whereas, During the past decade, there has been an overwhelming growth in the rate of incarceration in Nevada’s jails and prisons; and

whereas, Because of this growth which has caused serious crowding of our prisons and jails, there has been a negative impact on available money for other services including the maintenance of a sound infrastructure, business growth, education and the general welfare of Nevada’s future economy;

whereas, Nevada’s outlook for prosperity in the future will be directly affected if the rate of incarceration continues to increase; and

whereas, The criminal justice system of Nevada has become inundated with criminal cases which poses a problem to the entire judicial system; 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 criminal justice system in Nevada; and be it further

resolved, That the study include:

1. Whether discretion is being exercised by law enforcement officers when making decisions as to whether to file criminal charges;

2. The criteria used to determine whether to admit a defendant to bail and if so in what amounts;

3. The factors relating to the assignment of counsel and access to counsel once counsel is appointed;

4. An analysis of decisions which have been made by juries and judges in criminal cases to determine if they have been made without bias;

5. Access by indigent persons to post-conviction remedies and other matters as they relate to parole;

6. The methods used in the selection of jurors;

7. A comparison of sentencing decisions relating to probation, incarceration and fines;

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3124 (FILE NUMBER 179, ACR 76)ê

8. Review of the processes used in plea negotiation and bind-over decisions; and

9. Inquiry into the matter of economic and racial injustice in the administration of the criminal system;

and be it further

resolved, That the results of the study and any recommended legislation be reported to the 68th session of the Nevada Legislature.

________

FILE NUMBER 180, ACR 79

Assembly Concurrent Resolution No. 79–Committee on Elections and Procedures

FILE NUMBER 180

ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly with respect to requests for and the introduction of bill drafts made 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 67th session of the Legislature is hereby amended to read as follows:

LIMITATION ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES

(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 [.] before the request was submitted to the Legislative Counsel. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.

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. A measure introduced by a standing committee must indicate the person or organization at whose request the measure was drafted.

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3125 (FILE NUMBER 180, ACR 79)ê

(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.

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.

7. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

________

FILE NUMBER 181, SCR 5

Senate Concurrent Resolution No. 5–Committee on Government Affairs

FILE NUMBER 181

SENATE CONCURRENT RESOLUTION–Requiring the Department of Information Services to conduct a study of the feasibility of consolidating the state centers for data processing.

whereas, There exist several centers for data processing within state government, each operating independently of the others; and

whereas, It is important to make the most efficient use of all state resources; and

whereas, The centers for data processing should be operated in a manner which is both efficient and cost-effective; and

whereas, Efficiency and effectiveness would require that the centers of data processing use compatible hardware and software and that they be operated in a manner which avoids the duplication of costs and services; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Department of Information Services under the auspices of the Information Technology Advisory Board is hereby directed to conduct a study of the executive branch, exclusive of the University and Community College System of Nevada, to determine the desirability and feasibility of:

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3126 (FILE NUMBER 181, SCR 5)ê

study of the executive branch, exclusive of the University and Community College System of Nevada, to determine the desirability and feasibility of:

1. Consolidating the management of various state centers for information processing services;

2. Consolidating the personnel whose functions are primarily related to data processing and communications;

3. Consolidating the various payroll systems;

4. Consolidating like or similar governmental information services;

5. Consolidating software licenses to receive multiple-site licensing discounts;

6. Consolidating communication functions;

7. Identifying opportunities for “piggy-backing” on other governments’ master agreements;

8. Identifying opportunities for the privatization of information services and studying the feasibility of converting to the 800 MHz system;

9. Evaluating and identifying the most efficient methods of operation for the delivery of information services, including data processing, payroll systems and communications;

and be it further

resolved, That the study must include fully documented findings and the conclusions must address and include a specific plan which considers all costs and savings for the implementation of the plan; and be it further

resolved, That the Department of Information Services shall report to the Interim Finance Committee on a semiannual basis concerning the progress of the study; and be it further

resolved, That the results of the study must be compiled into a final report before the beginning of the 1995 executive budget process for appropriate consideration during the development of the 1995-1997 biennial budget.

________

FILE NUMBER 182, SCR 35

Senate Concurrent Resolution No. 35–Senators Titus and Glomb

FILE NUMBER 182

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study to review past and present efforts to conserve and develop energy resources in Nevada and to formulate a policy on the use and sources of energy in this state.

whereas, With the recent endorsement of the Earth Summit Treaty by President Clinton, this nation has bound itself to limit the increase in emissions of carbon dioxide into the atmosphere; and

whereas, Recent studies of the melting of the polar ice caps in the Antarctic have reinforced the controversial theory that there is in fact a global warming of the atmosphere which may cause serious climatic changes to our world; and

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3127 (FILE NUMBER 182, SCR 35)ê

whereas, Because the State of Nevada currently imports all of its energy from other states and in so doing is consuming fossil fuel which is a limited resource, it is imperative that alternative ways to use renewable sources of energy such as solar, wind and geothermal energy be considered; 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 Nevada’s current and future needs for energy and formulate a policy on energy taking into consideration the conservation and development of our available natural resources, the costs involved and the impact of alternative energy policies on employment, economic growth and economic development in Nevada; and be it further

resolved, That the study include:

1. An assessment of the present and future needs for energy in Nevada, including the role of energy in Nevada’s economic growth, development, employment and competitive position relative to other states;

2. An evaluation of potential sources of energy in each county including solar, wind and geothermal energy, the estimated costs of generating electricity from these renewable forms of energy and the impact from the use of such forms of energy on Nevada’s economy and on consumers of energy in this state;

3. Estimations of the amount of carbon dioxide expected to be emitted in this state in 1990, 1995, 2000, 2005 and 2010 from all sources of energy which burn fossil fuels, and Nevada’s expected rank in total and per capita carbon dioxide emissions compared with other states;

4. An examination of current building codes and landscaping techniques which reduce the need for heating and cooling;

5. An evaluation of the California-Nevada Super Speed Transportation System and the progress the California-Nevada Super Speed Commission has made in its interstate effort to carry out this plan;

6. A review of existing state laws, regulations and local ordinances which affect the use or generation of energy;

7. The compilation of a list of informational materials relating to methods of preventing pollution in the environment with specific suggestions for local governments; and

8. An evaluation of the resources available in schools which relate to the conservation of energy and the time spent educating pupils on this subject;

and be it further

resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 68th session of the Nevada Legislature.

________

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ê1993 Statutes of Nevada, Page 3128ê

FILE NUMBER 183, SCR 43

Senate Concurrent Resolution No. 43–Senators Glomb, Brown and Titus

FILE NUMBER 183

SENATE CONCURRENT RESOLUTION–Directing the legislative commission to conduct an interim study on the revenue structure in Nevada.

whereas, The population of the State of Nevada is increasing rapidly resulting in the proportionate growth of the diverse services provided by the State of Nevada to its residents; and

whereas, The growth in the services provided by the State of Nevada often requires an increase in the expenditures of the state general fund; and

whereas, The present revenue structure for this state and for its local governments lacks stability and has made the budgeting process difficult and in some circumstances fails to meet the demands of the rapidly increasing population of this state; and

whereas, The present revenue structure in this state has limited flexibility and may be inadequate in addressing the changing needs of the residents of this state; and

whereas, The creation of a flexible and adequate revenue structure for the state and local governments is necessary for the fiscal well-being of the State of Nevada; and

whereas, An analysis of the existing revenue structure of the state and its local governments using principles of taxation would assist the legislature in establishing a tax structure for this state that is flexible and stable and provides adequate revenues for this state to meet the changing needs of its residents; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct an interim study of the revenue structure of this state and its local governments and make recommendations for legislation to improve that structure; and be it further

resolved, That the committee appointed by the Legislative Commission to conduct the study consist of:

1. Two members of the senate who belong to different political parties;

2. Two members of the assembly who belong to different political parties;

3. One member of the local governmental advisory committee;

4. One member of who is an expert in economic development; and

5. One member who is s representative of the general public;

and be it further

resolved, That the members of the committee who are not legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day’s attendance at a meeting of the committee; and be it further

resolved, That the per diem allowances and travel expenses must be paid from the legislative fund; and be it further

resolved, That the committee may appoint such subcommittees as it deems necessary to carry out the purposes of the study; and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3129 (FILE NUMBER 183, SCR 43)ê

resolved, That the committee shall use the following principles of taxation to analyze the revenue structure of the state and its local governments:

1. Equity: Each tax that is imposed by the state or authorized for imposition by a local government should provide equal liabilities for similarly situated taxpayers;

2. Neutrality: Taxes should not negatively impact decisions regarding earning and spending;

3. Adequacy: The basis for the taxes imposed by the state and local governments should be stable and predictable to ensure adequate revenue and accurate budgeting;

4. Broad Based: All taxes authorized or imposed by the state legislature should have as few exemptions as practicable;

5. Simplicity: The provisions governing the administration of each tax should be easy to comply with and understand;

6. Compatibility: The taxes imposed by the state should be compatible with those levied by local governments, the Federal Government and other states;

7. Predictability: The taxes which each person is required to pay should be definite and not arbitrary;

8. Exemptions: All exemptions should be based on economic criteria and should apply for a specific time;

9. Convenience: The manner of payment of taxes should be based on convenience to the taxpayer;

10. Efficiency: All taxes should be collected in the most efficient manner possible which requires the least amount of paperwork for both the tax collector and the taxpayer; and

11. Earmarking: The use of the proceeds from a particular tax should not be dedicated to a specific purpose unless there is a direct causal relationship between the activities of the persons upon whom the tax is imposed and the need for the revenue;

and be it further

resolved, That the committee shall review the effect of competition between the state and its local governments for the same sources of revenue and the effect that exemptions in existing taxes may have on the revenue structure; and be it further

resolved, That the committee is directed to prepare one or more proposals for the revision of the revenue structure of this state and its local governments to make that structure more consistent with the principles of taxation set forth in this resolution, while maintaining the economic well-being of the residents and businesses of this state and providing an adequate and stable source of revenue for the support of the state and its local governments; and be it further

resolved, That the Legislative Commission report the results of the study and recommended legislation to the 68th session of the Nevada Legislature.

________

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3130ê

FILE NUMBER 184, AR 13

Assembly Resolution No. 13–Assemblymen Myrna Williams, Dini and Marvel

FILE NUMBER 184

ASSEMBLY RESOLUTION–Designating certain Assemblymen as regular and alternative 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. Joseph E. Dini, Jr., Ms. Christina Giunchigliani, Mr. Gene T. Porter, Mr. Robert M. Sader, Mrs. Joan A. Lambert and Mr. Scott Scherer are designated as the regular Assembly members; Mrs. Marcia D. de Braga and Mr. P. M. Neighbors are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Mrs. Myrna T. Williams and Mr. Rick C. Bennett are designated as the first and second alternate members, respectively, for Ms. Christina Giunchigliani; Mr. Robert E. Price and Mr. John B. Regan are designated as the first and second alternate members, respectively, for Mr. Gene T. Porter; Mrs. Vivian L. Freeman and Mr. Bernie Anderson are designated as the first and second alternate members, respectively, for Mr. Robert M. Sader; Mr. James A. Gibbons and Mr. Peter G. Ernaut are designated as the first and second alternate members, respectively, for Mrs. Joan A. Lambert; and Mr. John C. Carpenter and Mr. Lynn C. Hettrick are designated as the first and second alternate members, respectively, for Mr. Scott Scherer.

________

FILE NUMBER 185, ACR 45

Assembly Concurrent Resolution No. 45–Committee on Elections and Procedures

FILE NUMBER 185

ASSEMBLY CONCURRENT RESOLUTION–Limiting the number of requests that may be submitted to the Legislative Counsel during the interim for drafting and directing the completion of 1,000 bill drafts before the first day of the 68th session of the Nevada Legislature.

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Counsel shall honor only the number of requests for the drafting of a bill or a resolution for the 1995 legislative session that are authorized pursuant to this resolution; and be it further

resolved, That each incumbent or newly elected Assemblyman is entitled to request 10 measures before the 1995 session begins; and be it further

resolved, That each incumbent or newly elected Senator is entitled to request 20 measures before the 1995 session begins; and be it further

resolved, That the chairman of each standing committee of the 1993 legislative session, or a person designated in the place of the chairman by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, is additionally entitled to request before the 1995 session 1 measure in a subject within the scope of the committee and for introduction by the committee for every 10 measures that were referred to the respective standing committee during the 1993 session; and be it further

…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 3131 (FILE NUMBER 185, ACR 45)ê

Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, is additionally entitled to request before the 1995 session 1 measure in a subject within the scope of the committee and for introduction by the committee for every 10 measures that were referred to the respective standing committee during the 1993 session; and be it further

resolved, That a person designated after the general election in 1994 as a chairman of a standing committee for the 1995 session, or a person designated in the place of a chairman by the person designated as the Speaker of the Assembly or Majority Leader of the Senate for the 1995 session, is entitled to request the remaining number of measures allowed for the respective standing committee that were not requested by the previous chairman or designee; and be it further

resolved, That the Governor or his designated representative is entitled to transmit to the Legislative Counsel before the 1995 session no more than 300 measures approved on behalf of state agencies, boards and departments of the executive branch of government pursuant to subsection 1 of NRS 218.245, except that the Department of Administration may request before or during the legislative session without limitation as many measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the state; and be it further

resolved, That the constitutional officers are entitled to request no more than the following numbers of measures:

Attorney General .............................................................................................. 35

State Controller ................................................................................................... 5

Secretary of State ............................................................................................. 16

State Treasurer .................................................................................................... 6

Lieutenant Governor .......................................................................................... 2

and be it further

resolved, That the judicial branch of government is entitled to request no more than the following numbers of measures:

Supreme Court/Administrative Office of the Courts ................................. 23

Nevada Judges Association .............................................................................. 5

and be it further

resolved, That the Board of Regents of the University of Nevada is entitled to request no more than 10 measures on behalf of the University and Community College System of Nevada; and be it further

resolved, That the requests submitted by the state agencies, boards and departments, local governments, courts and other authorized nonlegislative requesters must be in a subject related to the function of the requester; and be it further

resolved, That the chairman of the Legislative Commission is entitled to request 15 measures with the approval of the commission for matters relating to the affairs of the Legislature or its employees, including measures requested by legislative staff; and be if further

resolved, That the chairman of the Interim Finance Committee is entitled to request 10 measures with the approval of the committee for matters within the scope of the committee; and be if further

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ê1993 Statutes of Nevada, Page 3132 (FILE NUMBER 185, ACR 45)ê

resolved, That the Secretary of the Senate and the Chief Clerk of the Assembly may request such measures as are necessary or convenient to the proper exercise of their duties; and be it further

resolved, That the Speaker of the Assembly and the Majority Leader of the Senate are each entitled to request 15 measures, and the Minority Leader of the Assembly and the Minority Leader of the Senate are each entitled to request 10 measures, in addition to the number otherwise authorized in this resolution; and be it further

resolved, That a person designated after the general election in 1994 as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the 1995 session, is entitled to request the remaining number of measures allowed for the respective officer that were not requested by the previous officer; and be it further

resolved, That the Legislative Counsel shall not honor requests for measures that have been combined in violation of section 17 of article 4 of the Nevada constitution; and be it further

resolved, That the Legislative Counsel is hereby directed to take all actions necessary to complete 1,000 bill drafts before the first day of the 1995 legislative session; and be it further

resolved, That the Legislative Commission and the Committee to Consult with the Legislative Counsel are directed to take all actions necessary to allow the legal division of the Legislative Counsel Bureau to achieve the goal of completing 1,000 bill drafts before the first day of the 1995 legislative session; and be it further

resolved, That the Legislative Counsel shall, as nearly as practicable, draft the same number of measures for each of the respective houses before the beginning of the 1995 legislative session, and not less than 200 measures for each house, unless all measures requested by one house have been completed; and be it further

resolved, That there are no limitations upon the number of measures that may be recommended by interim legislative studies; and be it further

resolved, That the Legislative Counsel shall not assign a number to a request for a legislative measure for the purpose of establishing its priority until sufficient detail has been submitted to allow complete drafting of the measure; and be it further

resolved, That a requester may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

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ê1993 Statutes of Nevada, Page 3133ê

FILE NUMBER 186, SR 11

Senate Resolution No. 11–Committee on Finance

FILE NUMBER 186

SENATE RESOLUTION–Urging the commission on professional standards in education to establish standards of training and licensure for teachers concerning pupils with disabilities.

whereas, There are pupils with disabilities in the public schools of this state, some of whom have disabilities which are difficult to recognize or identify; and

whereas, Failure to recognize and identify a disability, and therefore to develop educational strategies to overcome any detrimental effect it may have on a person’s academic achievement, can have far-reaching consequences for the pupil with a disability and ultimately upon all persons residing within the state; and

whereas, It is therefore desirable for all teachers to have training in the recognition and identification of disabilities; now, therefore, be it

resolved by the senate of the state of nevada, That the commission on professional standards in education is hereby urged to establish standards of training and licensure for persons who teach or perform other educational functions relating to the instruction of persons with disabilities in a regular classroom; and be it further

resolved, That the standards include a requirement that a person who is teaching or performing other educational functions:

1. In the public schools of Nevada;

2. In the school conducted at the Nevada youth training center or the Caliente youth center; or

3. For any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at an institution of the department of prisons,

possess adequate knowledge concerning the instruction of persons with disabilities in a regular classroom and concerning the laws relating to such children; and be it further

resolved, That the commission provide that a person may acquire the knowledge required by such standards by completing training that is designed to increase knowledge of different learning styles, assist in the recognition and identification of persons with different learning styles and offer additional methods of teaching that would benefit persons with disabilities and other participants in a regular classroom, and may be obtained through:

1. Professional developmental activities offered by a county school district;

2. An accredited program of study offered by a college or university; or

3. Programs that are conducted by specialists approved by the board of trustees of a county school district;

and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Superintendent of Public Instruction.

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ê1993 Statutes of Nevada, Page 3134ê

FILE NUMBER 187, SJR 15

Senate Joint Resolution No. 15–Committee on Natural Resources

FILE NUMBER 187

SENATE JOINT RESOLUTION–Urging Congress to require a timely determination of whether to list a species of wildlife as being endangered or threatened in order to allow for the evaluation and mitigation of the economic impact of that determination and to require the consideration of certain economic factors in the development of recovery plans for an endangered or threatened species of wildlife.

whereas, The conservation and preservation of endangered species of wildlife in the United States is necessary and desirable to halt and reverse the trend toward the extinction of certain species of wildlife and to maintain the diversity of indigenous forms of life within the United States; and

whereas, The protection of endangered species and their habitats often requires a restriction upon economic growth and development in the geographic areas in which the habitats are located, thereby creating hardships upon the persons residing within those geographic areas; and

whereas, The conflict resulting from the protection of an endangered species and the restriction of economic growth is often unavoidable, but the impact of such a conflict can be lessened by allowing for a balancing of those conflicting interests; and

whereas, The provisions of 16 U.S.C. § 1533 require the Secretary of the Interior to made a determination as to whether a species is endangered based solely upon available scientific and commercial data; and

whereas, Pursuant to the provisions of 16 U.S.C. § 1533, the Secretary of the Interior has recently listed the desert tortoise as a threatened species; and

whereas, The listing of the desert tortoise as a threatened species has had a significant impact upon the economic development of the areas surrounding the City of Las Vegas; and

whereas, The State of Nevada, being a sparsely populated and predominantly rural state with few metropolitan areas within which to build a sound economic base, relies heavily upon the City of Las Vegas as an area in which to grow and expand; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That Congress is hereby urged to amend the provisions of 16 U.S.C. § 1533 to require a determination of whether to list a species of wildlife as endangered or threatened to be made in a timely manner in order to allow the proper evaluation of the economic impact of that determination and, to the extent reasonably possible, mitigate the economic impact of that determination upon the development and growth of local economies in the geographic area in which the species is located; and be it further

resolved, That Congress is hereby urged to require the Secretary of the Interior, when preparing a recovery plan for a species of wildlife listed as endangered or threatened pursuant to the provisions of 16 U.S.C. § 1533, to include in the recovery plan an economic analysis of the impact such a plan will have upon local economies in the geographic area in which the habitat of an endangered or threatened species of wildlife is located; and be it further

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ê1993 Statutes of Nevada, Page 3135 (FILE NUMBER 187, SJR 15)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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FILE NUMBER 188, AJR 6

Assembly Joint Resolution No. 6–Committee on Elections and Procedures

FILE NUMBER 188

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to revise the standard for determining the number of signatures of voters required for a petition seeking to recall a public officer and to increase the number of days within which a special election upon such a petition must be held after the issuance of a call.

resolved by the assembly and senate of the state of nevada, jointly, That section 9 of article 2 of the constitution of the State of Nevada be amended to read as follows:

Sec. 9. Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality [, from which he was elected.] which he represents. For this purpose , [a number of registered voters] not less than twenty-five per cent (25%) of the number who actually voted in the state or in the county, district, or municipality [electing said officer, at the preceding general election,] which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people . [; they] They shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within [twenty days (20)] thirty days (30) after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required.

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ê1993 Statutes of Nevada, Page 3136 (FILE NUMBER 188, AJR 6)ê

order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator or assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law.

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FILE NUMBER 189, SJR 27

Senate Joint Resolution No. 27–Committee on Natural Resources

FILE NUMBER 189

SENATE JOINT RESOLUTION–Proposing to amend the ordinance of the Nevada constitution to repeal the disclaimer of interest of the state in unappropriated public lands.

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

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

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ê1993 Statutes of Nevada, Page 3137 (FILE NUMBER 189, SJR 27)ê

resolved by the senate and assembly of the state of nevada, jointly, That the ordinance of the constitution of the State of Nevada be amended to read as follows:

In obedience to the requirements of an act of the Congress of the United States, approved March twenty-first, A.D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention, elected and convened in obedience to said enabling act, do ordain as follows, and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada:

First. That there shall be in this state neither slavery nor involuntary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted.

Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property, on account of his or her mode of religious worship.

Third. That the people inhabiting said territory do agree and declare, that [they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that] lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States, unless otherwise provided by the Congress of the United States.

And be it further

resolved, 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, upon approval and ratification of the amendment proposed by this resolution by the people of the State of Nevada, 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, except that, notwithstanding any other provision of law, the proposed amendment to the ordinance of the constitution of the State of Nevada, if approved and ratified by the people of the State of Nevada, does not become effective until the Congress of the United States consents to the amendment or upon a legal determination that such consent is not necessary.

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ê1993 Statutes of Nevada, Page 3138ê

FILE NUMBER 190, AJR 8

Assembly Joint Resolution No. 8–Assemblymen Bache, Collins, Price, Chowning, Toomin, Smith, McGaughey, Petrak, Spitler, Anderson, Freeman, Garner, Giunchigliani, Perkins, Regan, Lambert, de Braga, Sader, Segerblom, Porter, Neighbors, Haller, Arberry, Myrna Williams, Bonaventura, Gibbons, Kenny, Evans, Wendell Williams, Schneider, Gregory, Tiffany, Dini and Marvel

FILE NUMBER 190

ASSEMBLY JOINT RESOLUTION–Urging Congress not to require the states to provide services or benefits unless it provides the related funding.

whereas, Since the mid 1980’s, Congress has increasingly shifted the cost of federally mandated programs to the states; and

whereas, Requiring the states to pay for programs created and favored by Congress seriously impairs the ability of each state to establish the social and economic programs that it determines are best suited to the particular conditions in the state; and

whereas, Shifting the cost of federal programs to the states enables Congress to avoid exercising the fiscal discipline and restraint necessary for a balanced federal budget; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature urges Congress, before it adopts legislation which requires the states to provide particular services or benefits to persons or governmental agencies, to determine the approximate amount of money it will cost the respective states to comply with that mandate; and be it further

resolved, That the Nevada Legislature urges Congress not to enact such a mandate unless it also appropriates to the respective states an amount of money sufficient to cover those anticipated costs associated with the new federal mandate; and be it further

resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

resolved, That this resolution becomes effective upon passage and approval.

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ê1993 Statutes of Nevada, Page 3139ê

FILE NUMBER 191, AJR 39

Assembly Joint Resolution No. 39–Committee on Taxation

FILE NUMBER 191

ASSEMBLY JOINT RESOLUTION–Urging Congress to oppose the North American Free Trade Agreement unless certain changes are made.

whereas, The State of Nevada has a vital interest in protecting and expanding the growth of jobs and industry in Nevada and the United States; and

whereas, The North American Free Trade Agreement is designed to create a “free trade” bloc between the United States, Canada and Mexico; and

whereas, The United States, Canada and Mexico have vastly different standards of living, wage structures, workers’ rights, health standards, safety standards, environmental standards and regulatory climates; and

whereas, The North American Free Trade Agreement may threaten workers in the United States by allowing inexpensive, largely unregulated Mexican labor to produce duty-free goods, which are now produced in United States factories for export into the United States; and

whereas, Many agricultural issues remain unresolved with Canada from the United States-Canada Free Trade Agreement, such as transportation and energy resource subsidies, and a new agreement should not be signed until those issues are resolved; and

whereas, The North American Free Trade Agreement as currently negotiated, would adversely affect agriculture in Nevada and the United States by:

1. Allowing Mexican commodities produced with 58 pesticides including DDT which are banned in the United States, to compete with Nevada agricultural producers whose pesticide use is regulated;

2. Encouraging United States meat packing plants to move their operations to Mexico to take advantage of lower safety and sanitation standards because the North American Free Trade Agreement exempts Mexico from the Meat Import Act of 1979;

3. Unduly limiting the ability of the United States to carry out domestic programs to foster the farm and rural economy; and

4. Immediately eliminating the tariff on feeder cattle imported from Mexico and potentially increasing imports of Mexican feeder cattle by 100 percent, which would equal 10 percent of all cattle on feed in the United States, thereby preempting the Meat Import Act of 1979, which limits beef imports in the United States, and, as a result, allows Mexico to ship more of its current domestic production to the Unites States to supply Mexico’s domestic demand with cheaper imported beef and undermines consumer confidence in the safety of the imported beef, thereby placing greater strain on the already overburdened and underfunded United States border inspection system and threatens livestock feeding operations by driving closely associated meat packing plants to Mexico;

and

whereas, The North American Free Trade Agreement, as currently negotiated, would drive down United States per capital income, tax revenue, and standards of living by pitting workers in the United States against exploited workers in Mexico where workers:

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ê1993 Statutes of Nevada, Page 3140 (FILE NUMBER 191, AJR 39)ê

standards of living by pitting workers in the United States against exploited workers in Mexico where workers:

1. Are routinely paid less than $1 an hour compared with an average wage of $14.31 an hour for workers of the United States;

2. Do not have minimum wage and hour protection;

3. Are forced to work in unsafe and unsanitary conditions and do not have occupational health and safety protections;

4. Do not have protection against the exploitation of child labor; and

5. Are routinely blacklisted for organizing to better their working conditions;

and

whereas, The North American Free Trade Agreement, as currently negotiated, contains no provisions to correct lax Mexican environmental standards or to address the existing environmental degradation of the United States/Mexican border where:

1. Carcinogens, such as methylene chloride at levels of 215,000 times the United States standards, are found in irrigation channels around existing industrial parks;

2. Hazardous breakdowns, such as styrene and ethyl benzene from industrial plants and industrial pesticides, are found in biologic testing of stillborn infants; and

3. Air emissions have contained toxic chemicals, such as benzene at levels 200 times and toluene at levels 56 times United States standards;

and

whereas, State environmental laws could be undermined by unrelated foreign policy concerns because states are not included in any dispute mechanisms between the Federal Government and foreign governments; and

whereas, State laws on banking and insurance may be in conflict with the final agreement and would have to be changed, with possible detriment to the residents of the State of Nevada; and

whereas, The North American Free Trade Agreement, as currently negotiated contains no provisions to discourage companies of the United States from relocating to Mexico; and

whereas, It also contains no provisions for the retraining of workers in the United States who may become displaced as an outcome of “free trade”; and

whereas, Workers in the United States have already lost more than 500,000 jobs to Mexico and projections show that at least another 500,000 jobs will be lost to Mexico under the current North American Free Trade Agreement; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That Congress and the members of the Nevada Congressional Delegation are urged to oppose the North American Free Trade Agreement as currently negotiated; and be it further

resolved, That the Nevada Legislature strongly urges the Nevada Congressional Delegation to continue to oppose the North American Free Trade Agreement until the agreement and its enacting legislation provide for:

1. Protection of workers’ rights, minimum wage and hour standards, and occupational safety and health standards;

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ê1993 Statutes of Nevada, Page 3141 (FILE NUMBER 191, AJR 39)ê

2. The elimination of child labor;

3. Remedial action to address environmental degradation of the border area;

4. Increased enforcement of environmental laws and regulations in the United States, Canada and Mexico;

5. Protection against imports of food products exposed to agricultural chemicals that are banned in the United States;

6. Protection for import-sensitive industries in the United States;

7. The denial of trade benefits to United States companies that transfer production to Mexico;

8. Programs to provide real help to workers of the United States displaced by trade policies; and

9. Increased border inspections for meat safety, protection against Mexican imports of beef from Europe and South American and Canadian imports of beef from Australia, and protection against the flooding of the United States feeder market;

and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of 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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