1995 Statutes of Nevada, Pages 2823-3051

[Rev. 2/12/2019 2:39:53 PM]

RESOLUTIONS AND MEMORIALS

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2823ê

RESOLUTIONS AND MEMORIALS

________

FILE NUMBER 1, SR 1

Senate Resolution No. 1–Senators Raggio and Titus

FILE NUMBER 1

SENATE RESOLUTION–Adopting the Standing Rules of the Senate for the 68th session of the Legislature.

resolved by the senate of the state of nevada, That the Senate Standing Rules as amended by the 67th session are adopted, with the following changes, as the Standing Rules of the Senate for the 68th session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

President.

The President 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. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2824 (FILE NUMBER 1, SR 1)ê

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 of 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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2825 (FILE NUMBER 1, SR 1)ê

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.

III. DECORUM AND DEBATE

Points of Order.

If any Senator, in speaking or otherwise, 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?”

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2826 (FILE NUMBER 1, SR 1)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2827 (FILE NUMBER 1, SR 1)ê

V. LEGISLATIVE BODIES

Standing Committees.

Ê 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, 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, 388-399, 439-444, 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.

(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 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 403-405, 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2828 (FILE NUMBER 1, SR 1)ê

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 attaches and employees of the Senate not otherwise provided for by law. It may suspend any attache 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. All proceedings by the committee on matters of ethics or conflicts of interest are [confidential.] open to the public unless otherwise authorized to be closed to the public by section 15 of article 4 of the Constitution of the State of Nevada.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2829 (FILE NUMBER 1, SR 1)ê

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. 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2830 (FILE NUMBER 1, SR 1)ê

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 within 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. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the legislative commission.

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2831 (FILE NUMBER 1, SR 1)ê

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:

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 indefinitely.

The first four shall be decided without debate.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2832 (FILE NUMBER 1, SR 1)ê

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 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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2833 (FILE NUMBER 1, SR 1)ê

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.

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 vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2834 (FILE NUMBER 1, SR 1)ê

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 protect against the action of the Senate upon any question, and have such protest entered upon the Journal.

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, attaches 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2835 (FILE NUMBER 1, SR 1)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2836 (FILE NUMBER 1, SR 1)ê

B. Bills

104

Reserved.

105

Reserved.

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

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. 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2837 (FILE NUMBER 1, SR 1)ê

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.

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 bills reported without amendments shall be placed on the general file. Committee amendments reported with bills shall be considered upon their second reading and such amendments may be adopted by a majority vote of the members present.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2838 (FILE NUMBER 1, SR 1)ê

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

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2839 (FILE NUMBER 1, SR 1)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2840 (FILE NUMBER 1, SR 1)ê

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

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2841 (FILE NUMBER 1, SR 1)ê

(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.

________

FILE NUMBER 2, SR 2

Senate Resolution No. 2–Senators Raggio and Titus

FILE NUMBER 2

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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2842 (FILE NUMBER 2, SR 2)ê

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 3, SR 3

Senate Resolution No. 3–Senators Raggio and Titus

FILE NUMBER 3

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 68th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann Moyle, Mary Phillips, Mary Ellen Patt, Charles Welsh, Sam Palazzolo, Kristi Cheval, Martin Hefner, John Turner, Jane Gill, Ruth Pierini, Shirley Hammon, Betty Christenson, DeLynn Gillentine, Joan Thran, Lucille Hill, Judi Bishop, Julian High, Mary Hernandez, Maudie Long, Mary Jo Meyer, Sandy Arraiz, Sheri Asay, Ricka Benum, Billie Brinkman, Cristin Buchanan, Robin Camacho, Cwendolyn Chapman, Linda Chapman, Lisa Clearwater, Dee Crawford, Molly Dondero, Marion Entrekin, Dona Etchison, Maddie Fischer, Vincent Garth, Mary Gavin, Pamela Jochim, Marilyn Hofmann, Judith Jacobs, Carol Martini, Tanya Morrison, Susan Parkhurst, Diane Rea, Paula Sapanaro, Mavis Scarff, Teri Spraggins, Lori Story, Linda Ward, Beverly Willis, JoAnn Wessel, June Riesau, Susanna Martin, Mark Hofmann, Ed Cordisco, Janet Meredith, Robert Glen Cochrane, Scott DeSelle, Lorna McDaniel, Alfred Perondi, Oliver Perondi, Joe Pieretti, Rose Marie Price, Lori Whatley and Patty Woodworth.

________

FILE NUMBER 4, AR 1

Assembly Resolution No. 1–Committee on Elections and Procedures

FILE NUMBER 4

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 68th session of the Legislature of the State of Nevada: Carol Moore, Lucinda Benjamin, Linda Alden, Donna Schumacher, Jason Hataway, Emily Nelson, Terry Sullivan, Rebecca Lawson, Joe Crawford, Nicole Geissler, Michael Wiese, Vicki Shell, Betty Day, Cindy Southerland, Barbara Pryor, Kelly Christie, Laverna Marwin, Carolyn Maynick, Christine Shaw, Jennifer Carnahan, Bonnie Borda, Ellen Hanners, Barbara Moss, Janine Sprout, Barbara Prudic, Nykki Kinsley, Bobbie Mikesell, Sara Kaufman, Kelly Liston, Denise Sins, Marci Wehry, Joi Davis, Patricia Hicks, Jackie Sneddon, Susan Mund, Pat Menath, Carolyn Grabski, Frankie Valley, Linda Corbett, Yhvona Martin, Dale Gray, Jonnie Hansen, Susan Hult, Deborah Salaber, Kathleen Day, Irene Davis, Carol Dickerson, Donna Hancock, Francis Hill, Theresa Horgan, Marion Howard, Sylvia Mays, Marlene Staub, Stephen Thompson, Sally Dunfield, Mary Carel, Ed Cordisco, Jr.,

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2843 (FILE NUMBER 4, AR 1)ê

Wehry, Joi Davis, Patricia Hicks, Jackie Sneddon, Susan Mund, Pat Menath, Carolyn Grabski, Frankie Valley, Linda Corbett, Yhvona Martin, Dale Gray, Jonnie Hansen, Susan Hult, Deborah Salaber, Kathleen Day, Irene Davis, Carol Dickerson, Donna Hancock, Francis Hill, Theresa Horgan, Marion Howard, Sylvia Mays, Marlene Staub, Stephen Thompson, Sally Dunfield, Mary Carel, Ed Cordisco, Jr., Melvin Cowperthwaite, Lois LaHair, Martha Laird, Kevin Magrane, Ronald Marwin, Reid Meyer, Barbara Morgan, Bob Peterson, Mike Pintar, Shanna Pozzi, Mary Rasmussen, Frank Richer and Mary Smith.

________

FILE NUMBER 5, AR 2

Assembly Resolution No. 2–Committee on Elections and Procedures

FILE NUMBER 5

ASSEMBLY RESOLUTION–Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.

resolved by the assembly of the state of nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speakers, Speakers Pro Tempore, Floor Leaders and chairmen 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.

________

FILE NUMBER 6, SCR 1

Senate Concurrent Resolution No. 1–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 6

SENATE CONCURRENT RESOLUTION–Commemorating a man with a dream, Dr. Martin Luther King, Jr.

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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2844 (FILE NUMBER 6, SCR 1)ê

whereas, In combating injustice and cruelty, Dr. King refused to view the world in terms of black and white and strove for a society where all of God’s children might stand together; and

whereas, The tenets of nonviolence and love described by Dr. Martin Luther King, Jr., are every bit as relevant today as they were over two decades ago; and

whereas, In this time of international unrest, it is particularly important for our country and the State of Nevada to continue to recognize and honor the memory of a man who dedicated his life to ensure equality for all people; and

whereas, This year, to celebrate his life and accomplishments, the Dr. Martin Luther King, Jr. Committee of Las Vegas, founded in 1981, has once again organized a week of community activities, the “1995 King Week Festivities,” with proceeds going for scholarships for single parents and high school students; and

whereas, The Northern Nevada Black Cultural Awareness Society will be honoring Dr. King on January 14, 15 and 16 with two concerts featuring renowned entertainer Ray Charles, and the 7th Annual Dr. Martin Luther King Jr. Dinner, with proceeds from all activities benefiting the minority youth programs sponsored by the Northern Nevada Black Cultural Awareness Society; 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 senate of the state of nevada, the assembly 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 the Secretary of the Senate prepare and transmit copies of this resolution to the presiding officers of the 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2845ê

FILE NUMBER 7, AR 3

Assembly Resolution No. 3–Committee on Elections and Procedures

FILE NUMBER 7

ASSEMBLY RESOLUTION–Adopting Standing Rules of the Assembly for the 68th session.

resolved by the assembly of the state of nevada, That the Assembly Standing Rules as amended by the 67th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 68th session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

[Speaker] Speakers of the Assembly.

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

2. Possessing the powers and performing the duties described in this rule, the [Speaker] Speakers 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] Speakers have the right, in [his place,] their places, to assign the reason for [his] their decisions.

(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.

(h) Sign all subpoenas 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] the Speakers shall not be required to vote in ordinary legislative proceedings except where [his vote] their votes would be decisive.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2846 (FILE NUMBER 7, AR 3)ê

vote] their votes would be decisive. In all aye and no votes, the [Speaker’s name] Speakers’ names, in alphabetical order, shall be called last.

3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of [the] a Speaker, the corresponding Speaker pro Tempore shall temporarily and for the period of vacancy or disability act in that Speaker’s place to conduct the necessary business of the Assembly.

4. If a permanent vacancy occurs in [the] an 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.

Reserved.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2847 (FILE NUMBER 7, AR 3)ê

III. DECORUM AND DEBATE

Points of Order.

If any member, in speaking or otherwise, transgresses the rules of the Assembly, the [Speaker] Speakers 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,] presiding officer, 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] presiding officer 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.] presiding officer.

Reserved.

Committee on Ethics; Legislative Ethics.

1. The Committee on Ethics consists of:

(a) [Two] Four 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)] Speakers; and

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

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

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

4. The committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2848 (FILE NUMBER 7, AR 3)ê

proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person 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] chairmen 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] presiding officer 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] presiding officer 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] Speakers, in alphabetical order, shall be called last.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2849 (FILE NUMBER 7, AR 3)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] Speakers and the [Speaker] Speakers pro Tempore may vote at their desks or at the rostrum.

7. Only a member, certified by the Committee on Credentials or special committee 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, [thirteen] fourteen members.

2. Judiciary, [fifteen] fourteen members.

3. Taxation, [eleven] twelve members.

4. Education, [eleven] twelve members.

5. Elections and Procedures, [eleven] twelve members.

6. Natural Resources, Agriculture and Mining, [eleven] ten members.

7. Labor and Management, [eleven] ten members.

8. Transportation, [nine] ten members.

9. Commerce, [thirteen] twelve members.

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

11. Government Affairs, fourteen members.

12. Economic Development and Tourism, eight members.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2850 (FILE NUMBER 7, AR 3)ê

Appointment of Committees.

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

To facilitate the full participation of the members during the adjournment required by NRS 218.115, the [Speaker] Speakers 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.

1. 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]

2. Except as otherwise provided in subsection 3, motions may be moved, seconded and passed by voice vote by a simple majority of those present . [, except that definite]

3. Definite action on a bill or resolution will require a majority of the entire committee [. A] except when the vote on a motion to report a bill or resolution to the floor, with or without amendment, results in a tie vote of the entire committee. In that case, the bill or resolution must be reported out of committee without a recommendation for action. The vote on such a bill or resolution may be reconsidered at any time before the bill or resolution is transmitted back to the Assembly, upon a motion to reconsider which is approved by a majority of the entire committee. Such a motion to reconsider may be made by any member of the committee.

4. Except as otherwise provided in subsection 3, a two-thirds majority of all the committee is required to reconsider action on a bill or resolution.

5. Committee introduction of legislative measures which are not prefiled requires concurrence of two-thirds of the committee and does not imply commitment to support final passage.

6. The [Chairman] chairmen shall vote on all final action regarding bills or resolutions.

7. 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] chairmen to consider and report back on specific subjects or bills.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2851 (FILE NUMBER 7, AR 3)ê

Committee on Elections and Procedures.

The Committee on Elections and Procedures has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attache or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.

Procedure for Election Contests.

1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the [Speaker] Speakers shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on 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 findings on whether the contestant has met 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. The committee shall then report to the Assembly its recommendation on which [candidate] person should be declared elected [.] or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the [Speaker] Speakers received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment [.] , if a recommendation is made. If the recommendation is accepted, the [Speaker] Speakers shall declare the recommended [candidate] person elected. If the recommendation is rejected [,] or the committee did not make a recommendation, the Assembly shall consider immediately [whether to declare another candidate elected.] which person should be declared elected. The [Speaker] Speakers shall not adjourn the Assembly until it has declared a [candidate] person to be elected.

4. The [Speaker] Speakers shall inform the Governor of the identity of the [candidate] person declared to be elected by the Assembly.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2852 (FILE NUMBER 7, AR 3)ê

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.] chairmen.

Committee Records.

The [chairman] chairmen 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;

3. The name of the chairman presiding;

4. 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.] 5. 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] A public hearing must be held on each bill and resolution which is referred to committee. The presence of a quorum of the committee is desirable but not required. Public hearings are opened by the presiding 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 presiding chairman, address the chair, furnish their names, addresses and firms or other organizations represented. Committee members may address the presiding chairman for permission to question the witness. When all persons present have been heard, the presiding chairman may declare closed the [public hearing closed] portion of the meeting wherein the committee will accept public testimony on the matter before proceeding to other matters.

Reserved.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2853 (FILE NUMBER 7, AR 3)ê

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.

VI. RULES GOVERNING MOTIONS

Entertaining.

No motion shall be debated until the same be distinctly announced by the [Speaker;] presiding officer; and it shall be reduced to writing, if desired by the [Speaker] Speakers 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2854 (FILE NUMBER 7, AR 3)ê

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. 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2855 (FILE NUMBER 7, AR 3)ê

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.

Notices of Bills, Topics and Public Hearings.

1. Except as otherwise provided in subsection 3:

(a) 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.

(b) Notice for public hearings on bills, resolutions and topics not deemed by the chairmen to be of high public importance must be provided at least 24 hours before such hearings.

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.

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

3. Subsection 1 does not apply to:

(a) Committee meetings held on the floor of the Assembly during a recess; or

(b) Conference committee meetings.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2856 (FILE NUMBER 7, AR 3)ê

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] Speakers 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.

Petitions and Memorials.

Petitions, memorials and other papers addressed to the Assembly, shall be presented by the [Speaker,] Speakers, or by a member in [his] their 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2857 (FILE NUMBER 7, AR 3)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2858 (FILE NUMBER 7, AR 3)ê

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] presiding officer 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. 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2859 (FILE NUMBER 7, AR 3)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2860 (FILE NUMBER 7, AR 3)ê

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.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2861 (FILE NUMBER 7, AR 3)ê

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.

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] Speakers is, “Shall the bill pass, notwithstanding the objections of the Governor?”

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2862 (FILE NUMBER 7, AR 3)ê

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] Speakers 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] Speakers have 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.

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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2863ê

FILE NUMBER 8, ACR 6

Assembly Concurrent Resolution No. 6–Committee on Elections and Procedures

FILE NUMBER 8

ASSEMBLY CONCURRENT RESOLUTION–Adopting the Joint Rules of the Senate and Assembly for the 68th 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 67th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 68th 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2864 (FILE NUMBER 8, ACR 6)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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2865 (FILE NUMBER 8, ACR 6)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 Affairs and Operations or the Assembly Committee on Elections and Procedures before submission to the Legislative Counsel.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2866 (FILE NUMBER 8, ACR 6)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 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 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 on legislative measures or on any general topic which is pertinent to possible legislative action.

4. During the adjournment taken pursuant to subsection 3:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2867 (FILE NUMBER 8, ACR 6)ê

(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 Senator 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 as provided in NRS 218.660, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this rule.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2868 (FILE NUMBER 8, ACR 6)ê

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 types 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:

(a) A two-thirds vote of the members present in the House where it is to be introduced; or

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2869 (FILE NUMBER 8, ACR 6)ê

(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.

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. A measure introduced by a standing committee must indicate the person or organization at whose request the measure was drafted.

(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] 16th 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2870 (FILE NUMBER 8, ACR 6)ê

Assembly extends during the interim between regular sessions of the Legislature.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2871 (FILE NUMBER 8, ACR 6)ê

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.

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, inform interested members of the Senate and Assembly of those findings and recommendations.

________

FILE NUMBER 9, AR 4

Assembly Resolution No. 4–Committee on Elections and Procedures

FILE NUMBER 9

ASSEMBLY RESOLUTION–Providing for the appointment of additional attaches.

resolved by the assembly of the state of nevada, That Iris Bellinger, Cecilia Hackman and Maria A. Kelderman are elected as additional attaches of the Assembly for the 68th session of the Legislature of the State of Nevada.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2872ê

FILE NUMBER 10, ACR 9

Assembly Concurrent Resolution No. 9–Assemblymen Goldwater and Ohrenschall

FILE NUMBER 10

ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada Youth Baseball Association and urging the American Legion to award the bid to host the 1997 American Legion World Series Tournament to the Nevada Youth Baseball Association.

whereas, This season marks the 70th anniversary of the founding of American Legion Baseball, an organization in which the youth of Nevada and her 49 sister states participate; and

whereas, American Legion Baseball is the oldest and largest nationwide baseball program at the high school level in the United States, and has continued to grow rapidly with the formation of over 800 teams since 1987, including many teams created under the statewide jurisdiction of the Nevada Youth Baseball Association; and

whereas, More than 1,000,000 participants have benefited from this program of service to the youth of America, including many youth in Nevada and almost 75 percent of all college baseball players and 66 percent of all major league baseball players; and

whereas, In addition to improving the physical fitness and athletic prowess of the youth of America, American Legion Baseball strives to develop our youth in the areas of citizenship, sportsmanship, loyalty and team spirit; and

whereas, American Legion Baseball enjoys a history of over 40 years in Nevada; and

whereas, The Nevada Youth Baseball Association has administered baseball programs in Nevada since 1990, including serving as statewide director of American Legion Baseball in Nevada since 1991; and

whereas, In addition to administering Legion and Junior Legion programs and statewide tournaments, the Nevada Youth Baseball Association has significant experience staging larger events, including hosting the Western 8 Regional Tournaments in 1992, 1993 and 1995; and

whereas, Cashman Field in Las Vegas, Nevada, with its extensive facilities, is equipped to handle the throngs of fans who will attend the American Legion World Series Tournament; and

whereas, The efforts of the Nevada Youth Baseball Association to host the American Legion World Series Tournament have generated the enthusiastic support of the community for the event and have resulted in generous pledges to finance the bid from professional organizations and organizations providing community services; and

whereas, The State of Nevada has never had the honor of hosting the American Legion World Series Tournament, and the Nevada Youth Baseball Association, in cooperation with the American Legion Department of Nevada and various other professional organizations and organizations providing community services is prepared and eager to promote, support and host the American Legion World Series Tournament at Cashman Field in Las Vegas, Nevada; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature hereby commend the Nevada Youth Baseball Association for its commitment to the youth of Nevada and urge the American Legion to award to the Nevada Youth Baseball Association, and the various organizations cooperating with it, the bid to host at Cashman Field in Las Vegas, Nevada, the American Legion World Series Tournament, which commences on August 21, 1997; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2873 (FILE NUMBER 10, ACR 9)ê

hereby commend the Nevada Youth Baseball Association for its commitment to the youth of Nevada and urge the American Legion to award to the Nevada Youth Baseball Association, and the various organizations cooperating with it, the bid to host at Cashman Field in Las Vegas, Nevada, the American Legion World Series Tournament, which commences on August 21, 1997; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Executive Director of the Nevada Youth Baseball Association, the National Executive Director of the American Legion and the members of the National Executive Committee of the American Legion that will award the bid for the 1997 American Legion World Series Tournament.

________

FILE NUMBER 11, SJR 13

Senate Joint Resolution No. 13–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 11

SENATE JOINT RESOLUTION–Urging Congress to name the new federal courthouse in Reno after the late Judge Bruce R. Thompson.

whereas, Bruce R. Thompson served with distinction as a United States District Judge in Nevada for nearly 30 years; and

whereas, Bruce R. Thompson, throughout his distinguished career as an attorney and a judge, exemplified the highest ideals of the legal profession; and

whereas, Bruce R. Thompson was widely recognized as an esteemed and gifted jurist who epitomized judicial wisdom and decorum; and

whereas, Bruce R. Thompson served Nevada not only as a judge but also as an active and outstanding member of the civic community; and

whereas, Overwhelming and unprecedented community support exists to pay tribute to Bruce R. Thompson as a preeminent Nevadan and jurist; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature hereby urge Congress to name the new federal courthouse under construction in the City of Reno the “Bruce R. Thompson Federal Courthouse”; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2874 (FILE NUMBER 11, SJR 13)ê

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 12, SCR 12

Senate Concurrent Resolution No. 12–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 12

SENATE CONCURRENT RESOLUTION–Commending and honoring famed violinist Itzhak Perlman.

whereas, Itzhak Perlman, unique in the rarefied ranks of superstar musicians, will be performing in Reno on March 6, 1995; and

whereas, Itzhak Perlman has come to be recognized by audiences all over the world who respond not only to his flawless technique, but to his communication of the irrepressible joy of making music; and

whereas, Itzhak Perlman was born in Israel in 1945 and completed his initial training at the Academy of Music in Tel Aviv; and

whereas, After moving to New York Itzhak Perlman appeared on the Ed Sullivan Show in 1958 and from that appearance he was propelled into the international arena; and

whereas, Itzhak Perlman continued his studies at The Juilliard School with Ivan Galamian and Dorothy DeLay, and in 1964 he won the prestigious Leventritt Competition which further advanced his burgeoning world-wide career; and

whereas, In November 1987 Itzhak Perlman joined the Israel Philharmonic for history-making concerts in Warsaw and Budapest, representing the first performances by this orchestra and soloist in Eastern bloc countries; and

whereas, Itzhak Perlman again made history as he joined the Israel Philharmonic for its first visit to the Soviet Union in April and May 1990, and was cheered by audiences in Moscow and Leningrad who thronged to hear his recital and orchestral performances; and

whereas, In December 1994, Mr. Perlman made his first visits to India and China as a soloist with the Israel Philharmonic; and

whereas, Mr. Perlman has won 13 Grammy awards and has collaborated with world-class artists Daniel Barenboim and the Berlin Philharmonic, Zubin Mehta and the Israel Philharmonic, Pinchas Zukerman, Lynn Harrell, and Kathleen Battle; and

whereas, Itzhak Perlman has entertained millions via television where he has performed on The Late Show with David Letterman, Sesame Street, the Tonight Show, the Grammy Awards and The Frugal Gourmet and he has performed on several Live From Lincoln Center broadcasts as well as the PBS specials A Musical Toast and Mozart by the Masters, both of which he hosted; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2875 (FILE NUMBER 12, SCR 12)ê

specials A Musical Toast and Mozart by the Masters, both of which he hosted; and

whereas, Itzhak Perlman was honored with an Emmy award for best musical documentary for his 1992 PBS documentary of his historic trip to the Soviet Union with the Israel Philharmonic, entitled Perlman in Russia; and

whereas, One of Mr. Perlman’s proudest achievements was his collaboration with film score composer John Williams in Steven Spielberg’s Academy Award winning film Schindler’s List in which he performed the violin solos; and

whereas, Itzhak Perlman’s presence on stage, camera and in his personal appearances of all kinds speaks eloquently on behalf of persons with handicaps and disabilities and his devotion to their cause is an integral part of his life; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature hereby commend and honor Itzhak Perlman for his unmatched artistic gift and welcome him to Northern Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mr. Itzhak Perlman.

________

FILE NUMBER 13, ACR 1

Assembly Concurrent Resolution No. 1–Assemblymen Dini, Schneider, Evans, Krenzer, Anderson, Manendo, Goldwater, Ohrenschall, de Braga, Chowning, Spitler, Segerblom, Price, Neighbors, Perkins, Marvel, Hettrick, Monaghan, Close and Bache

FILE NUMBER 13

ASSEMBLY CONCURRENT RESOLUTION–Encouraging the Department of Education and civic and community service organizations to implement and teach the Eddie Eagle Elementary Gun Safety Education Program.

whereas, Teaching children how to act safely around firearms is a critical step in the effort to reduce the number of accidents related to firearms that involve children; and

whereas, The Nevada Legislature would like to encourage civic activism and volunteerism rather than the imposition of new and unfunded state mandates on local governments as the means to reduce such accidents; and

whereas, The Eddie Eagle Elementary Gun Safety Education Program teaches the fundamentals of firearm safety to children through a simple and clear lifesaving message that children are taught to remember and act upon when they see a firearm; and

whereas, The Eddie Eagle Elementary Gun Safety Education Program is a nationally recognized firearm safety program that has been taught to over 6,000,000 children since 1988 and has been recognized by the National Safety Council as the Outstanding Community Service Program for 1993; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2876 (FILE NUMBER 13, ACR 1)ê

resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature encourages civic and community service organizations which are concerned about the safety and well-being of the children of this state to help provide funding for the implementation of the Eddie Eagle Elementary Gun Safety Education Program at the local level; and be it further

resolved, That the Nevada Legislature encourages the Department of Education to promote the use of the Eddie Eagle Elementary Gun Safety Education Program in the public schools to help prevent accidents related to firearms that involve children; and be it further

resolved, That the Nevada Legislature commends the National Rifle Association of America for developing the Eddie Eagle Elementary Gun Safety Education Program and making it available for use in the communities of this state; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Superintendent of Public Instruction and the Executive Vice President of the National Rifle Association of America.

________

FILE NUMBER 14, ACR 15

Assembly Concurrent Resolution No. 15–Assemblymen Anderson, Allard, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Humke, Krenzer, Manendo, Marvel, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple, Dini and Hettrick

FILE NUMBER 14

ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada School Food Service Association for its public service regarding public nutrition.

whereas, In 1946, Congress enacted the National School Lunch Act which appropriated money to states on a matching basis to provide a school lunch program; and

whereas, Currently within the State of Nevada over 111,646 breakfast and lunch meals are served daily to pupils in kindergarten and grades 1 through 12; and

whereas, Pupils who are eligible for assistance represent 51.4 percent of the school lunch meals served and 74.1 percent of the breakfast meals served; and

whereas, These figures are projected to increase in the future because of the large number of families moving to Nevada; and

whereas, The Department of Education of the State of Nevada oversees the Child Nutrition Programs which administer six federal programs that are entirely supported by the United States Department of Agriculture; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2877 (FILE NUMBER 14, ACR 15)ê

whereas, The Nevada School Food Service Association is also responsible for providing training for school nutrition personnel, providing continuing education classes on nutrition for teachers, developing promotional materials and disseminating scientifically valid information to teachers, parents, school food service personnel and children; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature commend the Nevada School Food Service Association for their commitment and dedication in providing the children of Nevada nutritionally complete breakfast and lunch meals; and be it further

resolved, That this legislative body is grateful and appreciative to the Nevada School Food Service Association for their efforts in the successful dissemination of nutritional information to all persons involved in the health of our children; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sandy Ewert, President of the Nevada School Food Service Association.

________

FILE NUMBER 15, SCR 13

Senate Concurrent Resolution No. 13–Senators Jacobsen, Adler, Augustine, Coffin, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 15

SENATE CONCURRENT RESOLUTION–Memorializing Virginia City native William L. Marks.

whereas, The members of the Nevada Legislature were deeply grieved to learn of the death of William L. Marks on January 12, 1994; and

whereas, William L. Marks was born on October 17, 1918, to William H. and Leslie McCormick Marks in Virginia City, Nevada; and

whereas, Bill Marks graduated from the Fourth Ward School in Virginia City in 1936 and was a 1941 graduate of the University of Nevada, Reno; and

whereas, Bill Marks was in a supply squadron in the Army Air Corps and with the 12th Air Force during World War II where he was awarded five battle stars during the war; and

whereas, Bill Marks continued to serve his country as a Lieutenant Colonel in the Army reserve and was appointed to a position with the State Selective Service as Chief of Manpower for Nevada; and

whereas, Bill Marks was a Storey County Commissioner for 17 years and was instrumental in the establishment of the Storey County Medical Clinic in 1963; and

whereas, Bill Marks was deeply involved in his community and was a member of the American Legion, Veterans of Foreign Wars, E. Clampus Vitas, B.P.O. Elks Lodge 59, Knights of Columbus, Sons of Erin, St. Mary in the Mountains Catholic Church, Evans Kendall Post, 156th Squadron and 39th Fighter Group, Retired Officers, Virginia City Fire Department, Barber Shop Quartet, Sigma Nu Fraternity and Virginia City Alumni Association; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2878 (FILE NUMBER 15, SCR 13)ê

in the Mountains Catholic Church, Evans Kendall Post, 156th Squadron and 39th Fighter Group, Retired Officers, Virginia City Fire Department, Barber Shop Quartet, Sigma Nu Fraternity and Virginia City Alumni Association; and

whereas, Bill Marks served as the Bill Room Supervisor during the sessions of the Nevada Legislature from 1981 until 1993; and

whereas, When not working for the Legislature, Bill Marks could be found serving his famous “secret recipe” mint juleps in the Crystal Bar in Virginia City, a historic bar which had been in Bill’s family since 1916; and

whereas, St. Patrick’s Day will forever bring visions of Bill’s smiling face bringing so much cheer by singing an Irish ballad to the members of this legislature; and

whereas, Bill Marks is survived by his wife Margaret of Virginia City, daughters Dee Rose of Carson City and Anne Marks of Pasadena, California, and nine grandchildren; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of this 68th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of William L. Marks, a gracious man whose contagious smile always brought with it a feeling of warmth; and be it further

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

________

FILE NUMBER 16, AR 6

Assembly Resolution No. 6–Committee on Elections and Procedures

FILE NUMBER 16

ASSEMBLY RESOLUTION–Amending the Standing Rules of the Assembly to add two members to the Standing Committee on Health and Human Services.

resolved by the assembly of the state of nevada, That Rule 40 of the Standing Rules of the Assembly as adopted for the 68th session 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, fourteen members.

2. Judiciary, fourteen members.

3. Taxation, twelve members.

4. Education, twelve members.

5. Elections and Procedures, twelve members.

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

7. Labor and Management, ten members.

8. Transportation, ten members.

9. Commerce, twelve members.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2879 (FILE NUMBER 16, AR 6)ê

10. Health and Human Services, [ten] twelve members.

11. Government Affairs, fourteen members.

12. Economic Development and Tourism, eight members.

________

FILE NUMBER 17, ACR 16

Assembly Concurrent Resolution No. 16–Assemblyman Giunchigliani

FILE NUMBER 17

ASSEMBLY CONCURRENT RESOLUTION–Commending the members of the chiropractic profession upon their centennial celebration.

whereas, The chiropractic profession was founded in Davenport, Iowa, on September 18, 1895; and

whereas, On this date the first chiropractic adjustment was performed in an office building on a janitor named Harvey Lillard; and

whereas, One hundred years later, the chiropractic profession is now recognized by the Congress of the United States which has included chiropractic care under Medicare and authorized the commissioning of chiropractors as officers in the military; and

whereas, The chiropractic profession is practiced throughout the world, including 50,000 chiropractic physicians throughout the United States; and

whereas, With this unprecedented growth, there has been a broadening acceptance of the benefits of chiropractic health care by the public and the health care community; and

whereas, According to health care experts, as many as 80 percent of Americans will suffer back pain at some point in their lives; and

whereas, Lower back pain is the most common health complaint experienced by working Americans today; and

whereas, For many Americans who suffer from lower back pain, chiropractic care is a natural method of alleviating pain that does not require the use of drugs or surgery; and

whereas, Chiropractors around the country have made and continue to make a significant contribution to the health and welfare of many people whose lives would not be the same without their services; and

whereas, On March 18, 1995, members of the chiropractic profession will gather in Las Vegas to honor those dedicated to enhancing the quality of life of the residents of Nevada; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That members of the 68th session of the Nevada Legislature do hereby commend the members of the chiropractic profession for their dedication and expertise in their profession; and be it further

resolved, That the Nevada Legislature extends its appreciation to these devoted professionals as they celebrate 100 years of the chiropractic profession; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2880 (FILE NUMBER 17, ACR 16)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jeffrey D. Andrews, President of the Nevada State Board of Chiropractic Examiners.

________

FILE NUMBER 18, AR 7

Assembly Resolution No. 7–Committee on Elections and Procedures

FILE NUMBER 18

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

resolved by the assembly of the state of nevada, That Dyan Merritt is elected as an additional attache of the Assembly for the 68th session of the Legislature of the State of Nevada.

________

Senate Joint Resolution No. 2 of the 67th Session–Committee on Judiciary

FILE NUMBER 19

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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2881 (FILE NUMBER 19, SJR 2 of the 67th Session)ê

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.

________

FILE NUMBER 20, AJR 15

Assembly Joint Resolution No. 15–Committee on Judiciary

FILE NUMBER 20

ASSEMBLY JOINT RESOLUTION–Urging the Congress and the President of the United States to oppose the legalization of the use, possession and distribution of unlawfully obtained controlled substances.

whereas, The use, possession and distribution of unlawfully obtained controlled substances continues to be a problem of paramount concern in the United States; and

whereas, Because studies estimate that 10 times more Americans use alcohol and five times more Americans use tobacco than persons who use illicit drugs, and because the permissive and subsequently increased use of controlled substances in countries such as Italy and the Netherlands indicates that the use of controlled substances increases when laws regulating their use are nonexistent or are only passively enforced, it would be concluded that the legalization of the use, possession and distribution of unlawfully obtained controlled substances would lead to a proportionate increase in their use in the United States; and

whereas, Many violent crimes, including domestic violence, are committed while the offenders are under the influence of an illegally obtained controlled substance; and

whereas, The legalization of the use, possession and distribution of unlawfully obtained controlled substances may consequently increase the number of violent crimes committed in the United States; and

whereas, The illegal use of controlled substances may create a direct impact upon the cost of health care associated with drug abuse, thereby dramatically increasing the cost of that care; and

whereas, The increased usage that would result from the legalization of the use, possession and distribution of unlawfully obtained controlled substances and its possible resulting increase in the cost of health care would also directly impact and adversely affect economic productivity in the United States; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2882 (FILE NUMBER 20, AJR 15)ê

directly impact and adversely affect economic productivity in the United States; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress and the President of the United States to oppose the legalization of the use, possession and distribution of unlawfully obtained controlled substances in the United States; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the 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 21, SR 4

Senate Resolution No. 4–Committee on Legislative Affairs and Operations

FILE NUMBER 21

SENATE RESOLUTION–Expressing disapproval of certain recent actions of the Governor and Attorney General of the State of Nevada.

whereas, On February 16 and 21, 1995, respectively, the Caliente City Council and Board of County Commissioners of Lincoln County voted in an open meeting to adopt Joint Resolution No. 2-95 which pragmatically stated “that given the likelihood that amendments to the NWPA [Nuclear Waste Policy Act] will be introduced [in Congress] and their potential for passage, the Board of Lincoln County Commissioners and the Caliente City Council believe it necessary to recommend to the Secretary of Energy additions or changes to proposed industry and/or state amendments to the NWPA as a means to ensure that related risks are minimized and potential benefits maximized”; and

whereas, On March 20, 1995, the Attorney General of the State of Nevada filed a civil “Complaint for Removal from Office” in the Seventh Judicial District Court of the State of Nevada in and for the County of Lincoln (Case No. 13-3-95 LC) against certain individual members of the Board of County Commissioners of Lincoln County and the Caliente City Council which requests the court to issue an order “which will have the effect of removing each of the Defendants from their respective offices”; and

whereas, In this complaint, the Attorney General accuses these local governmental officers of malfeasance in office because they “have failed to bear true faith, allegiance and loyalty to the government of the State of Nevada and therefore, have violated their oath of office”; and

whereas, This accusation erroneously construes the official oath of office taken by all public officers to mean that a local government is not allowed to express its views on an issue of public policy if those views do not agree with the “official position of the State of Nevada” as expressed by the Governor, Attorney General and Legislature; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2883 (FILE NUMBER 21, SR 4)ê

the “official position of the State of Nevada” as expressed by the Governor, Attorney General and Legislature; and

whereas, In carrying out their pivotal duty of developing public policy for the benefit of the particular community within their jurisdiction, elected public officers must weigh different alternatives, consider conflicting points of view and examine the compelling arguments both in favor of and in opposition to various public policy issues; and

whereas, The appropriate manner in which to remove a public officer for making unpopular public policy decisions is through the process of recall by the voters who elected him or her to office; and

whereas, The complaint also accuses these local governmental officers of malfeasance in office for actions which the Attorney General declares, sua sponte, to be the unlawful act of criminal conspiracy; and

whereas, Instead of upholding the fundamental principle that we are each innocent of criminal charges until proven guilty, the Attorney General in filing this complaint is requesting the court to punish the “Defendants” for an act of criminal conspiracy for which these officers have neither been charged nor convicted, thereby depriving them of their constitutional right to a criminal trial with all of the constitutional rights and protections such a trial would provide; and

whereas, The Attorney General’s accusation of malfeasance against these local governmental officers based on a theory of criminal conspiracy is flawed because persons may not be found guilty of criminal conspiracy if the underlying act which they are accused of conspiring to achieve (the storage of waste by the Federal Government on federally controlled land) is not a crime; and

whereas, Although the State of Nevada may be able to stop the placement in Nevada of a repository for high-level radioactive waste by other means, it is clear that a state law presuming to provide for the criminal conviction of federal officers for the storage of such waste by the Federal Government on federally controlled land would be held invalid in light of the holding in State of Nevada v. Watkins, 914 F.2d 1545, 1561 (9th Cir. 1990), cert. denied, 499 U.S. 906 (1991), that “any state legislation which frustrates the full effectiveness of federal law is rendered invalid by the Supremacy Clause”; and

whereas, The First Amendment to the Constitution of the United States guarantees freedom of speech, a guarantee that protects even speech which is politically unpopular or which is contrary to “the official position of the State of Nevada”; and

whereas, The significance of this freedom, a cornerstone of our democratic government, is eloquently expressed in the words of the French author Voltaire, “I disapprove of what you say, but I will defend to the death your right to say it”; and

whereas, The Attorney General, in her zeal to oppose the placement of a repository for high-level radioactive waste in the State of Nevada, has lost sight of the even more important principles of our representative form of government and freedom of speech; now, therefore, be it

resolved by the senate of the state of nevada, That the Senate of the State of Nevada supports the First Amendment rights of all citizens of the United States to express freely their views on public policy issues, recognizing that the right of freedom of speech is meaningless if it applies only to popular speech; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2884 (FILE NUMBER 21, SR 4)ê

United States to express freely their views on public policy issues, recognizing that the right of freedom of speech is meaningless if it applies only to popular speech; and be it further

resolved, That the Senate of the State of Nevada, without expressing an opinion on the merits of Joint Resolution No. 2-95, supports the right of the Board of County Commissioners of Lincoln County and the Caliente City Council to express their views to the Federal Government, and to take the action they believe is appropriate to protect the health, safety and general welfare of their constituents, even if that action is unpopular; and be it further

resolved, That the Senate of the State of Nevada hereby expresses its sincere disapproval of the Attorney General for filing a civil complaint for the removal of these local governmental officers under these circumstances and of the Governor for supporting this action; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor and Attorney General of the State of Nevada, the Board of County Commissioners of Lincoln County and the Caliente City Council.

________

FILE NUMBER 22, SCR 10

Senate Concurrent Resolution No. 10–Committee on Judiciary

FILE NUMBER 22

SENATE CONCURRENT RESOLUTION–Urging the Supreme Court of Nevada to examine the accountability of judges and to enhance the administration of the court system in this state.

whereas, The judicial branch of government is responsible for the administration of justice, both in civil and criminal cases; and

whereas, It is imperative that the citizens of this state have trust in and respect for the administration of the judicial system in this state; and

whereas, Such trust and respect can be developed if the public has access to information concerning the daily operation of each courtroom in this state and the professional activities of the judges who serve in them; and

whereas, It is important that all three branches of state government operate under the spirit of the Open Meeting Law; and

whereas, It is acknowledged that certain actions by the courts regarding the cases under consideration must be held in private, however, actions relating to the administration of the judicial system must occur openly to foster public trust; and

whereas, Many states have adopted measures of accountability concerning the operation of their courts, including private and public evaluations of the judicial system and standards governing the processing of cases; and

whereas, The Chief Justice of the Supreme Court of Nevada is the administrative head of the court system in this state under Section 19 of Article 6 of the Constitution of the State of Nevada; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, that the Nevada Legislature respectfully urges the Chief Justice and Associate Justices of the Supreme Court of Nevada to examine judicial accountability in this state and to consider measures which may enhance and allow greater public access to the administration of the judicial branch and foster public confidence and trust in the court system in this state; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2885 (FILE NUMBER 22, SCR 10)ê

Associate Justices of the Supreme Court of Nevada to examine judicial accountability in this state and to consider measures which may enhance and allow greater public access to the administration of the judicial branch and foster public confidence and trust in the court system in this state; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chief Justice of the Supreme Court of Nevada.

________

FILE NUMBER 23, AR 8

Assembly Resolution No. 8–Assemblymen Ernaut, Neighbors, Hettrick, Tiffany, Braunlin, Lambert, Nolan, Harrington, Tripple, Bennett, Marvel, Humke, Close, Stroth, Carpenter, Batten, Steel, Allard, Brower, Sandoval, Monaghan and Fettic

FILE NUMBER 23

ASSEMBLY RESOLUTION–Expressing disapproval of certain recent actions of the Governor and Attorney General of the State of Nevada.

whereas, The appropriate manner in which to remove a public officer for making unpopular public policy decisions is through the process of recall by the voters who elected him or her to office; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2886 (FILE NUMBER 23, AR 8)ê

resolved by the assembly of the state of nevada, That the Assembly of the State of Nevada supports the First Amendment rights of all citizens of the United States to express freely their views on public policy issues, recognizing that the right of freedom of speech is meaningless if it applies only to popular speech; and be it further

resolved, That the Assembly of the State of Nevada, regardless of the issue under consideration, supports the right of all local governments to express their views to the state and Federal Government, and to take the action they believe is appropriate to protect the health, safety and general welfare of their constituents, even if that action is unpopular; and be it further

resolved, That the Assembly of the State of Nevada hereby expresses its sincere disapproval of the Attorney General for filing a civil complaint for the removal of these local governmental officers under these circumstances and of the Governor for supporting this action; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor and Attorney General of the State of Nevada, the Board of County Commissioners of Lincoln County and the Caliente City Council.

________

FILE NUMBER 24, ACR 2

Assembly Concurrent Resolution No. 2–Committee on Judiciary

FILE NUMBER 24

ASSEMBLY CONCURRENT RESOLUTION–Urging peace officers, school officials and juvenile and district courts to take prompt remedial action against juveniles who violate laws related to alcohol and drugs.

whereas, The abuse of alcohol and drugs has pervaded every aspect of our society; and

whereas, The abuse of alcohol and drugs undermines the abilities of those persons who abuse alcohol and drugs to assume meaningful and productive roles in our society; and

whereas, Over the past generation, the number of crimes committed by persons who abuse alcohol or drugs has increased in alarming proportions, overwhelming our judicial and penal systems; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2887 (FILE NUMBER 24, ACR 2)ê

whereas, The success rate in freeing a person from the destruction caused by alcohol and drugs increases dramatically if the abuse is identified and treated at an early stage; and

whereas, The majority of persons who today are bound by an addiction to alcohol or drugs were children when they were first introduced to alcohol or drugs; and

whereas, Law enforcement agencies and the judicial system share, with parents and school officials, the responsibility of identifying children who abuse alcohol and drugs; and

whereas, Many children cannot or will not acknowledge their addiction until they are forced to by a crisis such as an arrest; and

whereas, Peace officers can provide invaluable motivation for children, particularly in the early stages of substance abuse, to begin a meaningful rehabilitation by actively identifying those children who are abusing alcohol or drugs and violating laws related thereto; and

whereas, Courts which impose prompt, meaningful and consistent sanctions upon these children and require their participation in appropriate remedial and treatment programs can, likewise, provide effective reinforcement for ensuring the successful rehabilitation of these children; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the law enforcement agencies of this state and all school officials are urged to identify children who abuse alcohol and drugs and, when warranted, effectuate prompt arrests of those children who violate laws related to alcohol and drugs; and be it further

resolved, That the juvenile and district courts in this state are urged to impose prompt, meaningful and consistent sanctions upon children who violate laws related to alcohol and drugs, as well as make use of appropriate remedial and treatment programs for such children; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each law enforcement agency, county school district and district and juvenile court in this state.

________

Assembly Joint Resolution No. 6 of the 67th Session–Committee on Elections and Procedures

FILE NUMBER 25

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:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2888 (FILE NUMBER 25, AJR 6 of the 67th Session)ê

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 therefore, 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. 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2889ê

FILE NUMBER 26, SR 5

Senate Resolution No. 5–Committee on Legislative Affairs and Operations

FILE NUMBER 26

SENATE RESOLUTION–Providing for the appointment of an additional attache for the Senate.

resolved by the senate of the state of nevada, That Kathy E. Cole is elected as an additional attache of the Senate for the 68th session of the Legislature of the State of Nevada.

________

FILE NUMBER 27, AJR 16

Assembly Joint Resolution No. 16–Assemblymen Segerblom, Ohrenschall, Giunchigliani, Spitler, Anderson, Marvel, Arberry, Goldwater, de Braga, Neighbors, Buckley, Bennett, Manendo, Bache, Harrington, Krenzer, Schneider, Williams, Price, Evans and Batten

FILE NUMBER 27

ASSEMBLY JOINT RESOLUTION–Urging Congress to eliminate inequities in the payment of social security benefits based on the year that persons initially become eligible for such benefits.

whereas, The provisions set forth in 42 U.S.C. § 415 for determining the primary insurance amount of a person receiving social security were amended in 1977 by Public Law 95-216; and

whereas, That amendment resulted in disparate benefits according to when a person initially becomes eligible for benefits; and

whereas, Persons who were born during the years 1917 to 1926, inclusive, and who are commonly referred to as “notch babies,” receive lower benefits than persons who were born before that time; and

whereas, The payment of benefits under the social security system is not based on need or other considerations related to welfare, but on a program of insurance based on contributions by a person and his employer; and

whereas, The discrimination between persons receiving benefits is totally inequitable and contrary to the principles of justice and fairness; and

whereas, The Social Security Trust Fund has adequate reserves to eliminate this gross inequity; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to enact legislation to eliminate inequities in the payment of social security benefits to persons based on the year in which they initially become eligible for such benefits; and be it further

resolved, That Congress is hereby urged to 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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2890 (FILE NUMBER 27, AJR 16)ê

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 28, AJR 9

Assembly Joint Resolution No. 9–Committee on Government Affairs

FILE NUMBER 28

ASSEMBLY JOINT RESOLUTION–Urging the Congress of the United States and the United States Postal Service to initiate and maintain a program for the delivery of mail from door to door in the Lake Tahoe Basin or other similar programs which would enhance the efficiency of the delivery of mail in that area.

whereas, The Lake Tahoe Basin is an area of significant and often unparalleled scenic, recreational, educational, scientific and natural value for the states of California and Nevada as well as the entire nation; and

whereas, The natural beauty of the Lake Tahoe Basin has attracted increasing numbers of visitors and residents to the area in the past 25 years, thereby increasing the amount of traffic congestion and air pollution in the basin; and

whereas, The Tahoe Regional Planning Agency, pursuant to its authority under the provisions of the Tahoe Regional Planning Compact, has created a regional transportation plan which calls for the delivery of mail from door to door in the Lake Tahoe Basin as a means of reducing the total number of miles traveled by vehicles in the basin; and

whereas, The Tahoe Regional Planning Agency has similarly created a postal service action plan which also provides for the implementation of a program for the delivery of mail from door to door, as well as other programs such as the delivery of mail to neighborhood cluster boxes; and

whereas, Although the delivery of mail from door to door has been initiated in certain portions of the Lake Tahoe Basin, delivery throughout the basin would decrease the current total number of miles traveled by vehicles in the basin by an estimated 57,000 miles per day; and

whereas, Such a reduction in the miles traveled per day by vehicles in the Lake Tahoe Basin would help to reduce the increasing amount of traffic congestion and air pollution in the Lake Tahoe Basin; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States and the United States Postal Service to initiate and maintain a program for the delivery of mail from door to door in the Lake Tahoe Basin or other similar programs which would enhance the efficiency of the delivery of mail and assist in the effort to reduce traffic congestion and air pollution in the Lake Tahoe Basin; 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 the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the Postmaster General of the United States Postal Service; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2891 (FILE NUMBER 28, AJR 9)ê

each member of the Nevada Congressional Delegation and the Postmaster General of the United States Postal Service; and be it further

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

________

FILE NUMBER 29, SCR 15

Senate Concurrent Resolution No. 15–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 29

SENATE CONCURRENT RESOLUTION–Designating March 30, 1995, as Kiwanis Day in Nevada.

whereas, Eighty years ago the “Benevolent Order of the Brothers” was organized in Detroit, Michigan, on January 21, 1915, with the goal of having “a mutual exchange of preferred treatment in professional and business dealings”; and

whereas, The following year the club’s name was changed to “Kiwanis,” a form of the Chippewa Indian word “Nun Keewanis,” which means “self-expression” and “We make ourselves known”; and

whereas, Members of Kiwanis work toward six principles, including (1) the primacy of spiritual values, (2) living by the Golden Rule, (3) adhering to high personal standards, (4) engendering strong citizenship, (5) building better communities through service, and (6) assisting in the formation of sound public opinion; and

whereas, Since 1917, the California, Nevada and Hawaii district, CAL-NEV-HA, has become the largest district in Kiwanis International; and

whereas, Nevada is proud of its own state divisions which includes Division 23 of Northern Nevada, Division 28 of Southern Nevada and Division 45 of Central Nevada, 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 March 30, 1995, 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 a copy of this resolution to Governor Ted Gibbs, Governor-elect Bob Erickson, and the Lieutenant Governors of the respective divisions of Nevada, Charles Smith of Division 23, Terry Keyes of Division 28 and Tom Millham of Division 45.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2892ê

FILE NUMBER 30, ACR 18

Assembly Concurrent Resolution No. 18–Assemblyman Giunchigliani

FILE NUMBER 30

ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada Parent Teacher Association.

whereas, The welfare and education of the children of Nevada is of the utmost concern to all residents of Nevada; and

whereas, For 55 years, the Nevada Parent Teacher Association has played an important role in Nevada’s educational process; and

whereas, To keep parents informed on the latest educational issues locally and nationally, the Nevada Parent Teacher Association publishes and distributes monthly an informative educational brochure entitled “News Parents Can Use”; and

whereas, The Nevada Parent Teacher Association has also kept parents advised on health-related matters in their monthly publication, “Health and Welfare Alerts”; and

whereas, Last year the Nevada Parent Teacher Association embarked on a statewide campaign to provide parents with the most current information relating to AIDS; and

whereas, Current membership in the Nevada Parent Teacher Association is approximately 30,000; and

whereas, At the end of March 1995, over 300 delegates from the Nevada Parent Teacher Association participated in a 4-day state convention where they attended several seminars relating to education culminating on April 3 with a visit to the Nevada Legislature; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature commend the Nevada Parent Teacher Association for their continuing efforts to improve the education of Nevada’s children; and be it further

resolved, That Lyn Bennett, President of the Nevada Parent Teacher Association is hereby commended for her dedication and capable leadership as she concludes her third year as President of this outstanding organization; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lyn Bennett.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2893ê

FILE NUMBER 31, SCR 17

Senate Concurrent Resolution No. 17–Senators Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 31

SENATE CONCURRENT RESOLUTION–Commending Holocaust survivor, Leopold Page.

whereas, Two-thirds of the Jewish population of Europe, approximately 6,000,000 persons, were exterminated during World War II; and

whereas, Brutal anti-Semitic atrocities were committed on civilians whose only crime was that they were members of a faith less widely held than other faiths; and

whereas, For Leopold Page, a survivor of the death camps established during the war, an obsession to educate the world about man’s inhumanity has now become a reality with the publication of Thomas Keneally’s masterpiece, Schindler’s List; and

whereas, Over 50 years ago Leopold Page promised Oskar Schindler that someday he would make certain that the story of the humanity of and sacrifices made by Oskar Schindler would be told; and

whereas, In 1981, the Catholic, Australian novelist, Thomas Keneally, visited Leopold Page’s Beverly Hills’ leather store, and a conversation began which marked the beginning of the telling of Oskar Schindler’s story that became the Academy Award winner Schindler’s List; and

whereas, Leopold Page has shared his experiences with persons everywhere in an effort to ensure that neither the suffering and death of Jews during the Nazi extermination nor the kindness of industrialist Oskar Schindler will be forgotten; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature commend and praise Leopold Page for his courage and determination to tell his story and that of Oskar Schindler; and be it further

resolved, That this Legislature recognizes that through Leopold Page’s efforts, the world will forever remember the victims of the Holocaust and rededicate themselves to the goals of peace and freedom for all mankind; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Leopold Page.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2894ê

FILE NUMBER 32, ACR 5

Assembly Concurrent Resolution No. 5–Assemblyman Hettrick

FILE NUMBER 32

ASSEMBLY CONCURRENT RESOLUTION–Expressing the support of the Nevada Legislature for the participation of the Department of Transportation in certain projects in the Lake Tahoe Basin.

whereas, The maintenance of the environmental, social and economic health of the Lake Tahoe Basin is dependent upon maintaining the significant scenic, recreational, educational, scientific, natural and public health values of the basin; and

whereas, There is a strong public interest in protecting, preserving and enhancing those values for the residents and visitors in the Lake Tahoe Basin; and

whereas, The number of residents in the Lake Tahoe Basin and the visitors from outlying regions has increased significantly in recent years, thereby increasing the amount of traffic in the Lake Tahoe Basin and requiring the development of safety and management plans and programs for persons traveling to and from the Lake Tahoe Basin; and

whereas, The TransCal Field Operation Test is a program developed to provide travelers with road and travel information concerning the conditions along United States Highway No. 50 and United States Highway No. 80 from California to Nevada, and to provide for the testing of market incentives for transit in the Lake Tahoe Basin; and

whereas, The Tahoe Intercity Rail Study addresses the importance of and the technical issues related to providing persons with increased access by rail to the Tahoe-Truckee area and western areas of Nevada as an alternative to using private vehicles; and

whereas, It is anticipated that the Tahoe Intercity Rail Study will be completed in early 1995; and

whereas, The Department of Transportation has participated in the annual development of the Tahoe Basin Traffic Management Plan; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature expresses its support for the partnership and participation of the Department of Transportation in the following projects in the Lake Tahoe Basin:

1. The implementation of the TransCal Field Operation Test;

2. The completion of the Tahoe Intercity Rail Study; and

3. The annual development of the Tahoe Basin Traffic Management Plan; 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 to the Director of the Department of Transportation.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2895ê

FILE NUMBER 33, SCR 19

Senate Concurrent Resolution No. 19–Senators Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 33

SENATE CONCURRENT RESOLUTION–Commemorating the 75th anniversary of the League of Women Voters as a national organization.

whereas, The League of Women Voters was first established in Nevada in 1919, due in large part to the inspiration of Carrie Chapman Catt, a national leader in the battle to obtain the right to vote for all women; and

whereas, The League of Women Voters was established as a national organization in 1920; and

whereas, The League of Women Voters worked tirelessly to ensure that Amendment XIX of the Constitution of the United States, prohibiting the denial of the right to vote on account of sex, was proposed by Congress and ratified by the states; and

whereas, Since 1920, the League of Women Voters has flourished throughout the State of Nevada, with units in Ely, Elko, Lovelock, Winnemucca, Carson City, Reno and Las Vegas; and

whereas, In 1973, the League of Women Voters began accepting men as full voting members and now works for the informed and active participation of all citizens in government; and

whereas, The League of Women Voters provides a valuable resource to the residents of Nevada by preparing and distributing nonpartisan information on candidates and issues, thereby allowing the residents of Nevada to learn about the issues of an election without partisan influence; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature hereby commemorate the 75th anniversary of the League of Women Voters as a national organization; and be it further

resolved, That the League of Women Voters is hereby commended for its dedication and perseverance as it continues to encourage active participation in government, both at the local and national levels; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nancy Wall, President of the League of Women Voters of Nevada and Gracia Hillman, Executive Director of the League of Women Voters of the United States.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2896ê

FILE NUMBER 34, ACR 4

Assembly Concurrent Resolution No. 4–Assemblyman Hettrick

FILE NUMBER 34

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to appoint a committee to continue the review of the Tahoe Regional Planning Compact, including a review of the Tahoe Regional Planning Agency and the federal and state agencies that regulate activities in the Lake Tahoe Basin.

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, As a necessary corollary to this vital concern and for the protection of Lake Tahoe, the Legislature of the State of Nevada is also concerned with the role and activities of those federal and state agencies having authority to regulate activities in the Lake Tahoe Basin and their interactions with and effect upon the Tahoe Regional Planning Agency and the Lake Tahoe Basin; 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, Senate Joint Resolution No. 7 of the 67th Legislative Session directed the Legislative Commission 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

whereas, The review and oversight of the programs and activities of the Tahoe Regional Planning Agency and the role of each federal and state agency having authority and responsibility in the Lake Tahoe Basin continue to be necessary to ensure the proper functioning of those agencies; 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 assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby 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 each federal and state agency having authority to regulate activities in the Lake Tahoe Basin; and be it further

resolved, That the committee is directed to:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2897 (FILE NUMBER 34, ACR 4)ê

1. Review the budget, programs, activities, responsiveness and accountability of the Tahoe Regional Planning Agency; and

2. Study the role and activities of each federal and state agency having authority to regulate activities in the Lake Tahoe Basin, including their role in the protection of Lake Tahoe and their interactions with and effect upon the Tahoe Regional Planning Agency and the Lake Tahoe Basin;

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 Chief Clerk of the Assembly transmit copies of this resolution to each member of the California delegation to the Tahoe Regional Planning Agency, the President pro Tempore of the Senate and the Speaker of the Assembly of the State of California.

________

FILE NUMBER 35, ACR 8

Assembly Concurrent Resolution No. 8–Committee on Ways and Means

FILE NUMBER 35

ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly to remove the provisions that require the Legislature to adjourn for 2 weeks during the legislative session.

resolved by the assembly of the state of nevada, the senate concurring, That Rule 9 of the Joint Rules of the Senate and Assembly as adopted by the 68th session of the Nevada Legislature is hereby amended to read as follows:

ADJOURNMENT

[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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2898 (FILE NUMBER 35, ACR 8)ê

Finance and the Assembly Standing Committee on Ways and Means shall hold hearings in both the mornings and afternoons to consider the budgets of the major agencies of the state. The two committees shall, when practicable, meet jointly while maintaining majorities of both committees. During this adjournment all other standing committees may hold hearings at any place in the state on legislative measures or on any general topic which is pertinent to possible legislative action.

4. During the adjournment taken pursuant to subsection 3:

(b) Actions taken by committees have the same effect as actions taken while the Legislature is in session.]

________

FILE NUMBER 36, ACR 19

Assembly Concurrent Resolution No. 19–Assemblymen Giunchigliani, Close, Price, Fettic, Freeman, Dini, Evans, Perkins, Humke, Monaghan and Lambert

FILE NUMBER 36

ASSEMBLY CONCURRENT RESOLUTION–Designating April 6, 1995, 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 6, 1995, REALTORS^® from throughout Nevada will come to Carson City to meet with the members of this Legislature; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That April 6, 1995, is hereby designated as Nevada REALTORS^® Day, and be it further

resolved, That the members of the 68th 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 Chief Clerk of the Assembly to the Nevada Association of REALTORS^®.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2899ê

Assembly Joint Resolution No. 19 of the 67th Session–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 37

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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2900ê

FILE NUMBER 38, AJR 10

Assembly Joint Resolution No. 10–Committee on Transportation

FILE NUMBER 38

ASSEMBLY JOINT RESOLUTION–Expressing continued 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 Congress of the United States 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; and

whereas, During the 67th session of the Nevada Legislature, Senate Joint Resolution No. 8 expressed the legislature’s 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; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the Nevada Legislature express their continued 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; and be it further

resolved, That copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Governor of the State of Nevada, 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2901ê

FILE NUMBER 39, SCR 21

Senate Concurrent Resolution No. 21–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 39

SENATE CONCURRENT RESOLUTION–Memorializing former Senator John Fransway.

whereas, The members of this legislative body were deeply saddened by the death of former Senator John Fransway on February 4, 1995; and

whereas, The respected and admired former Senator ably represented his constituency from the rural counties of Eureka, Humboldt, Lander and Pershing from 1960 to 1972; and

whereas, John Fransway was born on June 27, 1914, in Appleton, Wisconsin; and

whereas, After graduating from Wisconsin State Teachers College in Oshkosh, Wisconsin, in 1939, John moved to Winnemucca where he and his brother Chester worked for the Texas Company, now known as Texaco; and

whereas, John Fransway lost his left arm in an accident when he was 4 years old but did not consider this a disability, becoming proficient in football, softball, golf, fishing and hunting, and thus was an inspiration to all who knew him; and

whereas, John Fransway had the distinction in 1952 of becoming the second amputee pilot in the United States; and

whereas, From 1942 to 1946, John Fransway was the Union Township Justice of the Peace and served on the Winnemucca Volunteer Fire Department for 24 years beginning in 1943; and

whereas, After his service in the Nevada Legislature, in 1976 Governor Mike O’Callaghan appointed John Fransway to the State Environmental Commission for which he served as chairman for 9 years; and

whereas, John Fransway was admired by his fellow legislators, commissioners and friends as a man of wisdom, honesty and fairness; and

whereas, John Fransway is survived by his loving wife of 22 years, Patsy, his son, Tom Fransway of Winnemucca, daughter, Myrna Marley of Salem, Oregon, stepdaughters, Vicki Serrano of Winnemucca and Linda Dearing of Reno, stepsons, Bill Donaldson of Reno and Bob Donaldson of Ladysmith, Wisconsin, 11 grandchildren, 4 great-grandchildren and numerous nieces and nephews; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature mourn the loss of a respected Nevada citizen and extend their condolences to the surviving family of former Senator John Fransway; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Patsy Fransway.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2902ê

FILE NUMBER 40, AJR 7

Assembly Joint Resolution No. 7–Committee on Government Affairs

FILE NUMBER 40

ASSEMBLY JOINT RESOLUTION–Expressing the support of the Nevada Legislature for the mission of the Tahoe Basin Forest Health Consensus Group and urging Congress and certain federal and state agencies to provide financial and other emergency assistance in the accomplishment of that mission.

whereas, The drought which has occurred in the last 8 years in the Lake Tahoe Basin has created conditions in the forests of the basin wherein there is widespread infestation of beetles and other diseases causing an estimated 25 to 80 percent rate of mortality for trees and creating an extremely dangerous and imminent catastrophic fire hazard, which represents a severe threat to life and personal property; and

whereas, There are limited routes of ingress and egress in the Lake Tahoe Basin which make any evacuations extremely hazardous; and

whereas, There were 110 recorded fire starts throughout the Lake Tahoe Basin during 1994; and

whereas, The threat of fire and the drastic decline in the health of the forests in the Lake Tahoe Basin presents a serious threat to the natural and human environment in the Lake Tahoe Basin; and

whereas, The Tahoe Basin Forest Health Consensus Group, formed in October 1992, is a voluntary organization consisting of interested residents of the basin and specialists in the management of natural resources; and

whereas, The stated mission of the Tahoe Basin Forest Health Consensus Group is to recommend to the Tahoe Regional Planning Agency certain changes to the regional plan which would assist in restoring the health of the ecosystem of the forests in the Lake Tahoe Basin; and

whereas, To accomplish its mission, the Tahoe Basin Forest Health Consensus Group has stated that it will, by examining the ecosystem of the Lake Tahoe Basin in its entirety, identify and define objectives and strategies intended to educate and assist the public and the various local, state, regional and federal agencies in the Lake Tahoe Basin on the current and long-term dynamics of the ecosystem of the forests; and

whereas, Approximately 75 percent of the lands of the Lake Tahoe Basin lie within the lands belonging to the national forest; and

whereas, The United States Forest Service has indicated that, when adequately funded, it could satisfactorily remove the dead and dying trees in the basin; and

whereas, An effective and safe transition from the current unhealthy condition of the forests to a healthy and manageable condition requires vision and commitment from all those concerned; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada expresses its support for the mission of the Tahoe Basin Forest Health Consensus Group in recommending to the Tahoe Regional Planning Agency those changes to the regional plan which would assist in restoring the health of the ecosystem of the forests in the Lake Tahoe Basin and the reduction of the threat of catastrophic fires; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2903 (FILE NUMBER 40, AJR 7)ê

resolved, That the Congress of the United States and the various federal and state agencies that regulate activities in the Lake Tahoe Basin are hereby urged to provide financial and other assistance to the Tahoe Basin Forest Health Consensus Group in the accomplishment of its mission; 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, the United States Forest Service, the Department of Transportation of the State of Nevada, and the Division of Forestry, Division of State Lands, Division of State Parks, and Division of Wildlife of the State Department of Conservation and Natural Resources of the State of Nevada; and be it further

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

________

FILE NUMBER 41, AJR 6

Assembly Joint Resolution No. 6–Committee on Government Affairs

FILE NUMBER 41

ASSEMBLY JOINT RESOLUTION–Acknowledging the efforts of the Tahoe Truckee Regional Economic Coalition in promoting a strong economy and the enhancement of the quality of life in the Lake Tahoe Basin and urging the Tahoe Regional Planning Agency to continue to participate actively as a member of the Coalition.

whereas, The Tahoe Truckee Regional Economic Coalition is an alliance formed to promote a strong economy, to improve the quality of life and to integrate the goals of economic productivity and the enhancement of the environment in the Lake Tahoe Basin; and

whereas, The Coalition provides a common platform from which varying points of view, areas of expertise and philosophies may be presented to address human, economic and environmental needs of the region; and

whereas, Through the adoption of regional strategies and the implementation of local projects, the Coalition encourages cooperation and planning among competing interests in the Lake Tahoe Basin, and promotes the investment of capital for the improvement and restoration of the environment surrounding Lake Tahoe; and

whereas, The natural environment of Lake Tahoe is the greatest economic asset of the Lake Tahoe Basin and the residents and businessmen located in the area consider themselves to be guardians of a national treasure; and

whereas, The goal of the Tahoe Truckee Regional Economic Coalition is to ensure the long-term and harmonious enhancement of Lake Tahoe’s natural and human environment, its historical and cultural heritage and its overall quality of life for residents and visitors; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby acknowledges the valuable efforts of the Tahoe Truckee Regional Economic Coalition in promoting a strong economy, improving the quality of life and integrating the goals of economic health and environmental enhancement in the Lake Tahoe Basin; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2904 (FILE NUMBER 41, AJR 6)ê

the valuable efforts of the Tahoe Truckee Regional Economic Coalition in promoting a strong economy, improving the quality of life and integrating the goals of economic health and environmental enhancement in the Lake Tahoe Basin; and be it further

resolved, That the Tahoe Regional Planning Agency is urged to continue to participate actively as a member of the Tahoe Truckee Regional Economic Coalition and assist in its efforts to achieve its goals; 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 the Tahoe Truckee Regional Economic Coalition; and be it further

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

________

FILE NUMBER 42, AJR 5

Assembly Joint Resolution No. 5–Committee on Government Affairs

FILE NUMBER 42

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to continue to carry out its current plans and to expand further its efforts to emphasize the implementation of those plans and other plans and projects which enhance the environmental quality of the Lake Tahoe Basin.

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 Lake 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 also adopted other plans and projects which are intended to enhance the environmental quality of the Lake Tahoe Basin, including several projects for the management of water quality and the control of erosion throughout the basin, projects for the removal and underground placement of overhead power lines, community plans for Round Hill, Kingsbury, Stateline, Meyers and Tahoe City, a redevelopment project for South Lake Tahoe, and a plan for the redesign and construction of the Kings Beach Conference Center and Park; and

whereas, The implementation of those plans and projects and the further expansion of efforts to emphasize the implementation of other plans and projects without unnecessary delay would be beneficial to the environment of the Lake Tahoe Basin and the people of the State of Nevada; and

whereas, Assembly Joint Resolution No. 2 of the 67th session of the Legislature of the State of Nevada urged the Tahoe Regional Planning Agency to carry out its current plans through the implementation of existing regulations instead of through the adoption of additional restrictions and by actively assisting in the design of proposals for the development of real property that would not detract from the environmental quality of the Lake Tahoe Basin; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2905 (FILE NUMBER 42, AJR 5)ê

property that would not detract from the environmental quality of the Lake Tahoe Basin; now, therefore, be it

resolved by the assembly and the senate the state of nevada, jointly, That the Nevada Legislature hereby urges the Tahoe Regional Planning Agency to continue to carry out its current plans and to expand further its efforts to emphasize the implementation of those plans and other plans and projects which enhance the environmental quality of the Lake 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 43, AJR 4

Assembly Joint Resolution No. 4–Committee on Government Affairs

FILE NUMBER 43

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to assist in the coordination of an analysis of the resources within the Lake Tahoe Basin which are potentially finite in nature and to continue to review the status of the environmental threshold carrying capacities for the Lake Tahoe Basin.

whereas, Many resources in the Lake Tahoe Basin are finite in nature, the most significant of which include the quantity of water and the resources that are available for the treatment of sewage; and

whereas, Both of those resources, while not presently being allocated by the Tahoe Regional Planning Agency on a regional basis, would potentially limit the amount and location of development in the Lake Tahoe Basin if a shortage of either were to occur; and

whereas, The provisions of NRS 277.200 require the Tahoe Regional Planning Agency to develop environmental threshold carrying capacities for the Lake Tahoe Basin and incorporate those capacities into the regional plan so that those capacities are achieved and maintained; and

whereas, The Tahoe Regional Planning Agency has initiated a process for the review of environmental threshold carrying capacities every 5 years, and the next review is scheduled to occur in 1995; and

whereas, The sewage treatment plant for the City of South Lake Tahoe is approaching its projected maximum capacity, and the city is preparing an environmental impact statement which will reevaluate the capacity of the plant and assess alternatives for increasing that capacity; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Tahoe Regional Planning Agency is hereby urged to:

1. Assist in the coordination of an analysis of the resources within the Lake Tahoe Basin which are potentially finite in nature and the methods by which those resources are to be allocated; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2906 (FILE NUMBER 43, AJR 4)ê

2. Continue to review the status of the environmental threshold carrying capacities for the Lake Tahoe Basin, and the degree to which those capacities are currently being achieved and maintained and the mechanisms by which they will be achieved and maintained in the future;

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 44, AJR 3

Assembly Joint Resolution No. 3–Committee on Government Affairs

FILE NUMBER 44

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to rank, where practicable, the environmental threshold carrying capacities for the Lake Tahoe Basin in their order of priority.

whereas, The provisions of NRS 277.200 require the Tahoe Regional Planning Agency to develop environmental threshold carrying capacities for the Lake Tahoe Basin and to incorporate those capacities into the regional plan to ensure that the capacities are achieved and maintained; and

whereas, Pursuant to the provisions of NRS 277.200, an environmental threshold carrying capacity is defined as an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value in the Lake Tahoe Basin or to maintain public health and safety within the basin; and

whereas, The standards for environmental threshold carrying capacities must include, but are not limited to, standards for air quality, water quality, soil conservation, vegetation preservation and noise; and

whereas, In some instances, the various environmental threshold carrying capacities adopted by the Tahoe Regional Planning Agency to protect the Lake Tahoe Basin may conflict and cannot be carried out in a consistent manner without emphasizing certain capacities over others; and

whereas, A limited amount of revenue is available to ensure that all of the required environmental threshold capacities are successfully maintained; and

whereas, The Tahoe Regional Planning Agency has initiated a process for the review of environmental threshold carrying capacities every 5 years, and the next such review is scheduled to occur in 1995 and 1996; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Tahoe Regional Planning Agency is hereby urged to rank, where practicable, the environmental threshold carrying capacities for the Lake Tahoe Basin in their order of priority as part of its next scheduled review of those capacities in 1995 and 1996; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2907 (FILE NUMBER 44, AJR 3)ê

resolved, That if the Tahoe Regional Planning Agency ranks the environmental threshold carrying capacities of the Lake Tahoe Basin in their order of priority, the agency is urged to rank those capacities with the understanding that all of the environmental standards that are required to protect the basin are to be achieved and maintained; 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 45, AJR 2

Assembly Joint Resolution No. 2–Committee on Government Affairs

FILE NUMBER 45

ASSEMBLY JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to continue to simplify its operations and procedures and to encourage cooperation and interaction between interested persons when considering new projects proposed for the Lake Tahoe Basin.

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 stated that its mission is to lead a cooperative effort to preserve, restore and enhance the unique natural and human environment of the Lake Tahoe Basin; and

whereas, The Tahoe Regional Planning Agency has provided the services of a member of its staff who is responsible for the coordination of public education concerning the goals, objectives, programs and activities of the Tahoe Regional Planning Agency; and

whereas, The Tahoe Regional Planning Agency has conducted workshops for members of the public concerning the regional plan and the process by which permits are obtained for various projects in the Lake Tahoe Basin; and

whereas, The Tahoe Regional Planning Agency has initiated efforts to simplify its operations and procedures for planning, reviewing and approving various 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 the greater coordination between local, state and federal agencies interested in carrying out plans and enforcing regulations in the Lake Tahoe Basin;

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2908 (FILE NUMBER 45, AJR 2)ê

now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Tahoe Regional Planning Agency is hereby urged to:

1. Continue to simplify its operations and procedures for planning, reviewing and approving various projects in the Lake Tahoe Basin through mechanisms such as the increased utilization of memoranda of understanding with other local, state, regional and federal agencies;

2. Continue its efforts to accommodate a wider variety of interests in the Lake Tahoe Basin and to work diligently in partnership with other local, state, regional and federal agencies in providing increased public education concerning the goals, objectives, programs and activities of the Tahoe Regional Planning Agency; and

3. Encourage cooperation and interaction between all persons interested in preserving and enhancing the environment of the Lake Tahoe Basin in order to foster flexibility when considering new projects proposed for the 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 46, AJR 1

Assembly Joint Resolution No. 1–Committee on Government Affairs

FILE NUMBER 46

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 the natural resources of the entire Lake Tahoe Basin and the amendments are consistent with this objective; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2909 (FILE NUMBER 46, AJR 1)ê

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 this resolution becomes effective upon passage and approval.

________

FILE NUMBER 47, SJR 4

Senate Joint Resolution No. 4–Committee on Human Resources and Facilities

FILE NUMBER 47

SENATE JOINT RESOLUTION–Urging Congress not to require the states to provide educational programs in violation of the scope of the enumerated powers delegated to Congress by the United States Constitution.

whereas, Since the mid-1980s, Congress has increasingly shifted the cost of federally mandated programs to the states; and

whereas, Educational programs mandated by the Federal Government seriously impair the ability of a state to establish the academic, social and nutritional programs that it determines are best suited to the particular educational situation in the state; and

whereas, The 10th Amendment to the Constitution of the United States defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and

whereas, Requiring the states to carry out certain educational programs enables Congress to expand its federal power and encroach upon the states’ power; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges that before Congress adopts legislation which mandates the states to provide particular educational programs, Congress determines the approximate amount of money it will cost the respective states to comply with the mandate; and be it further

resolved, That the Nevada Legislature hereby urges Congress not to enact any mandate requiring the state to provide educational programs in violation of the scope of the enumerated powers delegated to the Federal Government by the Constitution of the United States; and be it further

resolved, That copies of this resolution be transmitted forthwith by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2910 (FILE NUMBER 47, SJR 4)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.

________

FILE NUMBER 48, SCR 22

Senate Concurrent Resolution No. 22–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 48

SENATE CONCURRENT RESOLUTION–Memorializing former Senator B. Mahlon Brown.

whereas, The members of the Nevada Legislature learned with great sorrow of the death of former Senator B. Mahlon Brown on February 9, 1995; and

whereas, A resident of Nevada for 72 years, Mahlon Brown will long be remembered fondly and with the utmost respect as one of Nevada’s true statesman; and

whereas, Mahlon Brown was born in Shreveport, Louisiana, on January 21, 1914, and moved to Las Vegas in 1923; and

whereas, After graduating from the University of California at Los Angeles, he received a degree in law in 1937 from National University, now known as George Washington University; and

whereas, Mahlon Brown served as Justice of the Peace for the sparsely populated town of Las Vegas from 1941 to 1942, before joining the United States Navy in 1943 where he served his country during World War II; and

whereas, This distinguished former state Senator’s extensive career in public service included serving as a member of the Executive Committee of the National Conference of State Legislative Leaders from 1972 to 1975, Executive Committee of the National Conference of State Legislatures from 1974 to 1975, Executive Committee of the Western Council of State Governments from 1967 to 1973 and he was appointed by President Nixon in 1969 and later reappointed in 1971 to serve as a member of the President’s Advisory Commission on Intergovernmental Relations; and

whereas, Mahlon Brown represented Clark County as a Senator for 25 years from 1951 through 1976, participating in 14 regular sessions and 7 special sessions, during which he never missed a roll call vote; and

whereas, During his years as a Senator, Mahlon Brown served as Minority Floor Leader from 1955 to 1964, President pro Tempore from 1967 to 1968 and Majority Floor Leader from 1965 to 1975 which is the longest service of any Senator in Nevada history in this capacity; and

whereas, As one of the most respected legislators of Nevada history, Mahlon Brown was honored for his dedicated legislative service by his colleagues in 1991 when he was inducted into the Senate Hall of Fame; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2911 (FILE NUMBER 48, SCR 22)ê

whereas, Senator Brown’s distinguished legislative career will forever serve as a model for members of this legislative body; 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 B. Mahlon Brown’s surviving family including his two sons, Mahlon and Stephen, seven grandchildren and one great-grandchild; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to B. Mahlon Brown III and Stephen Brown.

________

FILE NUMBER 49, SJR 2

Senate Joint Resolution No. 2–Senators Raggio, O’Connell, Augustine, Coffin, Jacobsen, James, Lowden, Mathews, McGinness, Neal, O’Donnell, Porter, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 49

SENATE JOINT RESOLUTION–Urging Congress to propose and submit to the several states an amendment to the Constitution of the United States providing that the federal courts do not have the power to levy or increase taxes.

whereas, The United States Supreme Court, in Missouri v. Jenkins, 110 Sup. Ct. 1651 (1990), extended the power of the judicial branch of government by holding that a federal court has the power to order an increase in state and local taxes; and

whereas, This unprecedented decision violates one of the fundamental tenets of the doctrine of separation of powers, that the members of the federal judiciary should not have the power to tax; and

whereas, In response to this decision, several members of Congress have introduced a proposal to amend the Constitution of the United States to reestablish the principle that the judiciary does not have the power to tax; and

whereas, In addition to being introduced in Congress such a constitutional amendment has also been proposed by several states; and

whereas, The passage of such a constitutional amendment, first by a two-thirds majority in both houses of Congress and then by three-fourths of the several states’ legislatures or conventions, would serve to reverse an erroneous decision; and

whereas, The proposed amendment to the Constitution of the United States properly seeks to prevent federal courts from levying or increasing taxes without representation of the people and against the people’s wishes; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges Congress to propose and submit to the several states for ratification an amendment to the Constitution of the United States, providing that neither the Supreme Court of the United States nor any inferior court of the United States has the power to instruct or order a state or political subdivision thereof, or an officer of a state or political subdivision, to levy or increase taxes; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2912 (FILE NUMBER 49, SJR 2)ê

resolved, That the Nevada Legislature calls upon the Nevada Congressional Delegation to use immediately the full measure of their resources and influence to ensure the passage of the amendment to the Constitution of the United States; and be it further

resolved, That the Nevada Legislature urges the legislatures of each of the several states comprising the United States which have not yet made similar requests to urge Congress to propose and submit to the several states for ratification an amendment to the Constitution of the United States; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, and the presiding officer and minority party leader in each house of the legislatures of each state in the Union; and be it further

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

________

FILE NUMBER 50, SCR 24

Senate Concurrent Resolution No. 24–Senators Augustine, Adler, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 50

SENATE CONCURRENT RESOLUTION–Memorializing rodeo cowboy Brent Thurman.

whereas, It was with deepest sorrow and regret that members of the 68th Session of the Nevada Legislature learned of the tragic death of 25-year-old Brent Thurman; and

whereas, Brent Thurman was competing in the final bull riding go-round at the National Finals Rodeo held at the Thomas & Mack Center in Las Vegas on December 11, 1994, when the bull he was riding crushed his neck, knocking him unconscious; and

whereas, During the next week while Brent fought for his life, there was an outpouring of support from the community and hospital staff of the University Medical Center; and

whereas, The shock of witnessing this horrible tragedy brought together the entire Las Vegas community and the nation as they anxiously waited and prayed that Brent Thurman could beat the odds and survive; and

whereas, Tragically, Brent Thurman lost his fight on December 17, 1994; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of this legislature and the residents of the State of Nevada extend their sincere condolences to the family and friends of Brent Thurman; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2913 (FILE NUMBER 50, SCR 24)ê

of Nevada extend their sincere condolences to the family and friends of Brent Thurman; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Brent’s parents, Will and Kay Goodnight Thurman.

________

FILE NUMBER 51, SCR 25

Senate Concurrent Resolution No. 25–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 51

SENATE CONCURRENT RESOLUTION–Congratulating the Mineral County High School’s girls’ basketball team for winning the state “AA” championship.

whereas, For the second year in a row, the Mineral County High School’s girls’ basketball team won its conference and the zone and state championships in the “AA” league with season records of 23-2 in 1994 and 28-2 in 1995; and

whereas, The “Serpents,” under the inspired guidance of Head Coach David Gelmstedt and Assistant Coaches Keith Neville and John Madraso, included team members Heidi Diede, Echo Dillard, Kari Emm, Juli Fisk, Gina Gomez, Courtney Isom, Larilynn Jackson, Sarana Jackson, Thelesa Montoya, Angela Munger and Janice Nixon, and managers Holly Koscinski and Brigitte Peterson; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature do hereby extend their congratulations to the Mineral County High School’s girls’ basketball team upon winning back-to-back state “AA” championships; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mr. Joseph Blaney, Principal of Mineral County High School, and Head Coach David Gelmstedt.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2914ê

FILE NUMBER 52, ACR 25

Assembly Concurrent Resolution No. 25–Assemblymen Braunlin, Brower, Buckley, Chowning, de Braga, Evans, Freeman, Giunchigliani, Krenzer, Lambert, Monaghan, Ohrenschall, Segerblom, Steel, Stroth, Tiffany, Tripple, Dini, Hettrick, Manendo, Goldwater, Close, Humke, Harrington, Williams, Bennett, Batten, Neighbors, Perkins, Spitler, Arberry, Price, Sandoval, Anderson, Schneider, Bache, Nolan, Allard, Carpenter, Fettic, Marvel and Ernaut

FILE NUMBER 52

ASSEMBLY CONCURRENT RESOLUTION–Commemorates the 75th anniversary of the ratification of the 19th Amendment to the Constitution of the United States of America.

whereas, In July 1848, the first Women’s Rights Convention was held at Seneca Falls, New York, at which the Declaration of Sentiments was adopted, advocating, among other propositions, that women be granted the right to vote and stating “[w]e hold these truths to be self-evident: that all men and women are created equal”; and

whereas, In the seven decades following the Women’s Rights Convention, the proposition that women be granted the right to vote became a subject of heated public debate and discussion, upon which numerous marches were held and speeches were made, some nearly resulting in riots; and

whereas, In 1890, Wyoming became the first state to grant women the right to vote, and in 1914, the women of Nevada were granted the right to vote; and

whereas, In 1918, President Woodrow Wilson urged the Congress of the United States to adopt a proposed amendment to the Constitution of the United States of America granting the right to vote to all American women; and

whereas, In 1918, the House of Representatives adopted a proposed amendment to the Constitution of the United States of America stating that “[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex”; and

whereas, In 1919, the Senate adopted the proposed amendment and sent it to the states for ratification; and

whereas, At the urging of Sadie Dotson Hurst, Nevada’s first female legislator, the Honorable Emmet D. Boyle, Governor of the State of Nevada, called a special session of the Nevada Legislature for the purpose of ratifying the proposed amendment; and

whereas, When the special session of the Legislature convened on February 7, 1920, Assemblywoman Hurst introduced Assembly Joint and Concurrent Resolution No. 1, ratifying the proposed amendment, and presided over the Assembly during the final consideration of the resolution; and

whereas, In a special session lasting just over 4 hours, the Assembly passed the resolution ratifying the proposed amendment by a vote of 25 to 1, while the Senate passed the resolution unanimously; and

whereas, Governor Boyle signed the resolution the same day, in the presence of Assemblywoman Hurst and many of the women in Nevada who had been instrumental in the fight for women’s suffrage, making Nevada the 28th state to ratify the proposed amendment; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2915 (FILE NUMBER 52, ACR 25)ê

had been instrumental in the fight for women’s suffrage, making Nevada the 28th state to ratify the proposed amendment; and

whereas, On August 26, 1920, the State of Tennessee became the 36th and final state to ratify the 19th Amendment; and

whereas, The ratification of the 19th Amendment granted 26 million American women the right to vote; and

whereas, The 19th Amendment was ratified before the presidential election of November 1920, allowing those 26 million American women to vote in that election, including 91-year-old Charlotte Woodward, the only surviving woman to have signed the Declaration of Sentiments 72 years earlier in Seneca Falls; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature and the citizens it represents commemorate the 75th anniversary of the ratification of the 19th Amendment to the Constitution of the United States of America; and be it further

resolved, That the Nevada Legislature finds that the female voters of today are grateful for the courage, determination and persistence of our nation’s great women who fought diligently for so many years to win the right to vote, including Elizabeth Cady Stanton, Lucretia Mott, Susan B. Anthony, Alice Paul, Carrie Chapman Catt and Ann Martin, a native Nevadan.

________

FILE NUMBER 53, ACR 26

Assembly Concurrent Resolution No. 26–Committee on Elections and Procedures

FILE NUMBER 53

ASSEMBLY CONCURRENT RESOLUTION–Congratulating Dr. Charles Elachi for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by Nevada Bell.

whereas, Scientists have made extraordinary advances in understanding the earth’s environment largely because of the breakthroughs in radar technology which allow scientists to view the Earth from space; and

whereas, Dr. Charles Elachi has been a dominant figure in the development of the remote sensing technologies that have made these important breakthroughs possible; and

whereas, Dr. Elachi began his advanced education in Grenoble, France, where he earned his Bachelor’s Degrees in physics and engineering; and

whereas, After receiving Master’s Degrees in electrical science, geology and business administration, Dr. Elachi received his Doctorate in electrical sciences from the California Institute of Technology in Pasadena in 1971; and

whereas, Dr. Elachi has continued to work for NASA’s Jet Propulsion Laboratory at the California Institute of Technology in Pasadena and is the Assistant Laboratory Director for Space Science and Instruments; and

whereas, Dr. Elachi is a member of the National Academy of Engineering and a Fellow of the Institute of Electrical and Electronics Engineers, holds four patents for his work and is the author of more than 200 publications, including six books; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2916 (FILE NUMBER 53, ACR 26)ê

holds four patents for his work and is the author of more than 200 publications, including six books; and

whereas, Dr. Elachi’s design and development of the Shuttle Imaging Radar-A, known widely by the acronym SIR-A, was carried on the second test flight of the space shuttle Columbia in November 1981; and

whereas, Features of the Earth’s surface were delineated in great detail by SIR-A, and in the extremely dry areas of the eastern Sahara Desert, the radar system penetrated the surface sand sheets to a depth of several meters revealing rock, alluvial deposits and drainage structures, all quite undetectable from surface indication or from more conventional imaging; and

whereas, SIR-B, an imaging radar system of yet greater capability, provided surface images at a variety of incidence angles and illumination geometries, making possible the construction of stereoscopic images from the data; and

whereas, Dr. Elachi has recently been selected as the Radar Team Leader for the Cassini mission to Saturn and he is the principal investigator on the development of the SIR-C, an even more capable system; and

whereas, Dr. Elachi’s achievements and continuing contributions in this advanced technology have been recognized and he is being honored this year as the recipient of the Nevada Medal, which includes a $5,000 prize; and

whereas, The Nevada Medal is an honor conferred by the Desert Research Institute of the University and Community College System of Nevada 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; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature hereby congratulate Dr. Charles Elachi for being named the recipient of the 1995 Nevada Medal given by the Desert Research Institute; and be it further

resolved, That Nevada Bell is hereby commended for their continued sponsorship of this medal, which offers well-deserved recognition to persons who have demonstrated outstanding scientific, engineering and technical achievements; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Dr. Charles Elachi.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2917ê

Senate Joint Resolution No. 27 of the 67th Session–Committee on Natural Resources

FILE NUMBER 54

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

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2918 (FILE NUMBER 54, SJR 27 of the 67th Session)ê

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.

________

FILE NUMBER 55, ACR 27

Assembly Concurrent Resolution No. 27–Assemblymen Krenzer, Nolan, Fettic, Steel, Braunlin, Goldwater, Schneider, Harrington, Ohrenschall, Bennett, Price, Perkins, Marvel, Ernaut, Arberry, Close, Giunchigliani, Stroth, Allard, Bache, Anderson, Humke, Chowning, Batten, Carpenter, de Braga, Manendo, Monaghan, Sandoval, Hettrick, Dini, Spitler, Tiffany, Segerblom, Tripple, Lambert, Buckley, Brower, Evans, Williams, Neighbors and Freeman

FILE NUMBER 55

ASSEMBLY CONCURRENT RESOLUTION–Designating April 28, 1995, as Workers Memorial Day in Nevada.

whereas, On April 28, 1995, 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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2919 (FILE NUMBER 55, ACR 27)ê

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, In the State of Nevada there have been over 70 deaths caused in work-related injuries in the past 2 1/2 years; 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 members of the 68th session of the Nevada Legislature hereby designate April 28, 1995, as Workers Memorial Day, a day to honor workers who have died as a result of work-related injuries; 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.

________

FILE NUMBER 56, SCR 27

Senate Concurrent Resolution No. 27–Senators Augustine, Adler, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 56

SENATE CONCURRENT RESOLUTION–Commemorating 100 years of women serving in state legislatures.

whereas, One hundred years ago, the first women ever elected as state legislators, Republicans Clara Cressingham, Carrie Clyde Holly and Frances S. Klock, were sworn into office in the State of Colorado; and

whereas, By the time the United States Constitution was amended in 1920 to allow women to vote nationally, at least 69 women had served in 12 state legislatures, including the Nevada Legislature; and

whereas, With the election to the Nevada Legislature of Republican Sadie D. Hurst of Reno in 1918, Nevada was among the first states in the country to swear in a woman legislator; and

whereas, Today women account for 21 percent of all legislators nationally, and 26 percent of legislators in the western states; and

whereas, The 68th session of the Nevada Legislature maintains the second highest percentage of women legislators in the country, with 35 percent; and

whereas, The National Foundation for Women Legislators, Inc., which serves as the educational arm of the National Order of Women Legislators, the oldest professional association for women legislators in the country, is coordinating state, regional and national celebrations to commemorate 100 years of women serving in state legislatures; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2920 (FILE NUMBER 56, SCR 27)ê

the oldest professional association for women legislators in the country, is coordinating state, regional and national celebrations to commemorate 100 years of women serving in state legislatures; and

whereas, To elevate public knowledge and awareness of women’s roles in the legislature, the State of Nevada will participate in this celebration on August 24, 1995, at the Sands Hotel in Las Vegas; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature extend their congratulations and sincerest appreciation to all women legislators, past and present, who have represented this battle-born state for their outstanding contributions and accomplishments; and be it further

resolved, That this legislative body recognizes and honors the women legislators of the 68th session of the Nevada Legislature which include Senators Kathy Augustine, Sue Lowden, Bernice Mathews, Ann O’Connell and Dina Titus, and Assemblywomen Deanna Braunlin, Maureen E. Brower, Barbara E. Buckley, Vonne Chowning, Marcia de Braga, Jan Evans, Vivian L. Freeman, Chris Giunchigliani, Saundra Krenzer, Joan A. Lambert, Jan Monaghan, Genie Ohrenschall, Gene Wines Segerblom, Dianne Steel, Jeannine Stroth, Sandra Tiffany and Patricia A. Tripple for their dedication and commitment to their responsibilities as women legislators.

________

FILE NUMBER 57, SCR 26

Senate Concurrent Resolution No. 26–Senators Jacobsen, Adler, Augustine, Coffin, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 57

SENATE CONCURRENT RESOLUTION–Designating the last week in April as “Collector Car Week.”

whereas, The automobile has played a significant role in the growth of our nation throughout the 20th century; and

whereas, The restoration and exhibition of automobiles from our past is an activity which promotes cooperation and strengthens friendships as it becomes an increasingly important and popular hobby for many families; and

whereas, For the past 9 years the cities of Reno and Sparks, recognizing this interest, have hosted “Hot August Nights,” a successful event which celebrates the past with numerous activities relating to the automobile; and

whereas, The members of the Nevada Legislature recognize the impact the automobile has had on our country and support wholeheartedly all activities involved in the restoration and exhibition of these fine automobiles; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature commend the car clubs and organizations in Nevada and support the wholesome activities associated with them as they bring back nostalgic memories of days gone by; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2921 (FILE NUMBER 57, SCR 26)ê

commend the car clubs and organizations in Nevada and support the wholesome activities associated with them as they bring back nostalgic memories of days gone by; and be it further

resolved, That the last week in April is hereby designated as “Collector Car Week” in a statewide celebration of the automobile.

________

FILE NUMBER 58, AJR 32

Assembly Joint Resolution No. 32–Assemblymen Bennett, Dini, Hettrick, Allard, Anderson, Arberry, Bache, Batten, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 58

ASSEMBLY JOINT RESOLUTION–Expressing concern and extending condolences to the residents of Oklahoma City.

whereas, The members of the Nevada Legislature and the residents of the State of Nevada were saddened and deeply grieved to learn of the tragedy which befell Oklahoma City on April 19, 1995; and

whereas, This inhumane act of violence has touched the hearts of all Americans as they share with the residents of Oklahoma City in their shock and despair over the loss of innocent lives; and

whereas, The volunteer and professional rescue workers from Oklahoma and all across the country have risked their own lives and demonstrated truly commendable spirit in their heroic efforts to find and aid the survivors of this senseless tragedy; and

whereas, The residents of the State of Nevada extend their heartfelt sympathy to the survivors of the victims, those who were injured and those who continue to mourn the loss of friends, family and loved ones; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the Nevada Legislature, representing all residents of Nevada, express their concern and extend condolences to the residents of Oklahoma City for the tragedy which has befallen this beautiful city; and be it further

resolved, That the Nevada Legislature pledges its full support to the law enforcement efforts to apprehend and convict the perpetrators of this heinous crime; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2922 (FILE NUMBER 58, AJR 32)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Frank Keating of Oklahoma and Oklahoma City Mayor Ronald Norick; and be it further

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

________

FILE NUMBER 59, SJR 16

Senate Joint Resolution No. 16–Committee on Natural Resources

FILE NUMBER 59

SENATE JOINT RESOLUTION–Urging Congress to maintain the United States Geological Survey.

whereas, The United States Geological Survey was established by Congress in 1879; and

whereas, In preparing the budget for the next federal fiscal year, Congress is considering the elimination of the United States Geological Survey; and

whereas, The United States Geological Survey has provided valuable services in measuring and studying the quality and quantity of the surface-water and ground-water resources of the State of Nevada; and

whereas, The data provided by the United States Geological Survey is vital to the services provided by the State Engineer and other governmental and educational entities within the State of Nevada which are responsible for the control of floods, the teaching of biological sciences, the protection and preservation of endangered species and the protection of water quality; and

whereas, It is imperative that the United States Geological Survey continue its studies of the hydrology and geology of the State of Nevada before a decision is made concerning the possible disposal of high-level radioactive waste in the State of Nevada; and

whereas, It is anticipated that if the United States Geological Survey is maintained, it will continue its cooperation with the State of Nevada and assist in several projects essential to the future of the State of Nevada, including, without limitation:

1. A study of the cumulative effects of mining below the water table in the northeastern portion of the State of Nevada;

2. An analysis of reasonable alternatives for resolving disputes concerning various rivers in the State of Nevada;

3. Studies of possible policies and programs to meet the rapidly growing requirements for water in Clark County, Nevada; and

4. An analysis of the deep carbonate systems underlying much of the eastern and southern portions of the State of Nevada;

now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges Congress to maintain the United States Geological Survey; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2923 (FILE NUMBER 59, SJR 16)ê

resolved, That the Secretary of the Senate of the State of Nevada prepare and transmit a copy of this resolution to the Vice President of the United States as presiding officer of the Senate of the United States, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the Director of the United States Geological Survey, the Secretary of the Interior and the Assistant Secretary for Water and Science of the Department of the Interior; and be it further

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

________

FILE NUMBER 60, SJR 9

Senate Joint Resolution No. 9–Committee on Natural Resources

FILE NUMBER 60

SENATE JOINT RESOLUTION–Expressing the support of the Nevada Legislature for exchanges of land involving the Bureau of Land Management and the Colorado River Commission which would result in additional land for Laughlin, Nevada.

whereas, The town of Laughlin, Nevada, is an unincorporated town located on the banks of the Colorado River in the southern tip of Clark County, Nevada; and

whereas, The current population of Laughlin is estimated at 7,500 residents, but may be increased, with existing facilities for water and sewage treatment, to an estimated 15,000 additional residents; and

whereas, Because of Laughlin’s unique location and warm climate, numerous tourists and visitors travel to Laughlin each year, and it is estimated that the number of hotel rooms in Laughlin will increase to approximately 11,000; and

whereas, The dramatic influx of visitors and permanent residents in the Laughlin area has resulted in an exploding economy and a corresponding need for land upon which to expand; and

whereas, Much of the land adjacent to or surrounding the unincorporated boundaries of Laughlin is under the control of the Federal Government, through the Bureau of Land Management; and

whereas, The board of county commissioners of Clark County requested the Colorado River Commission and the Bureau of Land Management to initiate a process to exchange certain lands administered by the commission for certain federal land in Laughlin, and the commission has approved that request and directed its staff to initiate that process; and

whereas, Successful exchanges of land involving the Bureau of Land Management and the Colorado River Commission are of great benefit in fulfilling Laughlin’s need for additional land; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby expresses its support for exchanges of land involving the Bureau of Land Management and the Colorado River Commission which would result in additional land for Laughlin, Nevada; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2924 (FILE NUMBER 60, SJR 9)ê

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 in Nevada and the Chairman of the Colorado River Commission; and be it further

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

________

FILE NUMBER 61, SJR 15

Senate Joint Resolution No. 15–Senators Augustine, Adler, Coffin, Jacobsen, James, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan and Washington

FILE NUMBER 61

SENATE JOINT RESOLUTION–Urging Congress to pass legislation prohibiting each state from imposing a tax on the income from a pension of a person who is not a resident of that state.

whereas, Nevada is one of the fastest growing states in the nation; 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 a 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 a tax imposed by other states on the income from their pensions; 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. 394 of the 104th Congress, 1st Session (1995), which would prohibit each state from imposing a 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. 44 of the 104th Congress, 1st Session (1995); now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to pass H.R. 394 or S. 44 of the 104th Congress, 1st Session (1995), which would prohibit each state from imposing a tax on the income from a pension of any person who is not a resident of that state; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2925 (FILE NUMBER 61, SJR 15)ê

would prohibit each state from imposing a tax on the income from a pension of any person who is not a resident of that state; and be it further

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

________

FILE NUMBER 62, SJR 8

Senate Joint Resolution No. 8–Committee on Natural Resources

FILE NUMBER 62

SENATE JOINT RESOLUTION–Urging the Congress of the United States to amend the Endangered Species Act of 1973 to provide for the development of recovery plans for endangered and threatened species and a consideration of the impact of the Act on the economic growth and development of the geographic areas in which protected species are located.

whereas, The Endangered Species Act of 1973 was enacted for the express purpose of providing a program for the conservation of endangered and threatened species of wildlife, fish and plants and to provide a means whereby the various ecosystems upon which such species depend may be conserved; and

whereas, Since its enactment, the Endangered Species Act of 1973 and the several amendments thereto have been successful in protecting various species of wildlife from extinction, including the American bald eagle, and have increased the awareness of the American public as to the need for protecting the many diverse and unique species of wildlife in the United States; and

whereas, Despite its successes, the Endangered Species Act of 1973 has also been criticized as containing draconian and intransigent provisions which do not allow for the consideration of its impact upon the ever-present need for human growth and development; and

whereas, The enforcement of the provisions of the Act often requires restrictions to be placed upon economic growth and development in the geographic areas in which protected habitats are located, thereby creating hardships upon the persons residing within those geographic areas; and

whereas, The recent controversy surrounding the protection of the spotted owl in the northwestern United States and its impact upon the logging industry provides a dramatic example of the need to balance competing interests in the area of wildlife protection; and

whereas, The Congress of the United States has made several appropriations of money to assist in carrying out the provisions of the Endangered Species Act of 1973, and is currently considering making another such appropriation; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2926 (FILE NUMBER 62, SJR 8)ê

whereas, In conjunction with making such an appropriation, Congress may also consider the enactment of various amendments to the Endangered Species Act of 1973, thereby creating an opportunity for Congress to restructure the provisions of the Act and to carry out a more balanced approach to the protection of endangered and threatened species of wildlife; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Congress of the United States is hereby urged to include in the appropriations act that is currently under consideration to fund the Endangered Species Act of 1973, an amendment which would provide for a consideration of the impact the Act may have on the economic growth and development of those geographical areas in which protected species of wildlife, fish and plants are located; and be it further

resolved, That Congress is further urged to amend the Endangered Species Act of 1973 to require the United States Fish and Wildlife Service to prepare and cause to be published a proposed recovery plan for each species declared endangered or threatened, including an analysis of the costs and benefits of the plan and an assessment of its impact on private property that will be affected by the plan, before taking any regulatory actions or carrying out any management activities for that species; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as 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.

________

FILE NUMBER 63, SJR 1

Senate Joint Resolution No. 1–Senators Rhoads, O’Connell, James, McGinness, Lowden and Regan

FILE NUMBER 63

SENATE JOINT RESOLUTION–Claiming the sovereignty of the State of Nevada pursuant to the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and delegated to the Federal Government by the Constitution of the United States.

whereas, The 10th Amendment to the Constitution of the United States states that the “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

whereas, The 10th Amendment confirms that the scope of power of the Federal Government is no more than that which is specifically enumerated and delegated to the Federal Government by the Constitution of the United States; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2927 (FILE NUMBER 63, SJR 1)ê

whereas, The power of the states, as stated in the 10th Amendment, indicates that the Federal Government was created by the several states specifically to act as an agent of the states; and

whereas, By requiring the various states to carry out certain federal mandates, the Federal Government is demonstrably treating the states as agents of the Federal Government; and

whereas, Many federal mandates may be in direct violation of the Constitution of the United States, and may, therefore, infringe upon the powers reserved to the states or to the people by the 10th Amendment; and

whereas, In the case of New York v. United States, 112 S.Ct. 2408 (1992), the Supreme Court of the United States stated that the Congress of the United States may not simply commandeer the legislative and regulatory processes of the states, and that Congress exercises its conferred powers subject to the limitations contained in the Constitution; and

whereas, Numerous proposals from previous presidential administrations and some now proposed by the current presidential administration and Congress may further violate the 10th Amendment and other provisions of the Constitution of the United States; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the State of Nevada hereby claims sovereignty pursuant to the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and delegated to the Federal Government by the Constitution of the United States; and be it further

resolved, That this resolution serve as a notice and demand to the Federal Government, as the agent of the State of Nevada, to cease and desist immediately the enactment and enforcement of mandates which are beyond the scope of the enumerated powers delegated to the Federal Government by the Constitution of the United States; and be it further

resolved, That the Secretary of the Senate 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 and each member of the Nevada Congressional Delegation; and be it further

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

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2928ê

FILE NUMBER 64, ACR 29

Assembly Concurrent Resolution No. 29–Assemblymen Segerblom, Nolan, Bennett, Arberry, Bache, Giunchigliani, Harrington, Williams, Krenzer, Freeman, Braunlin, Batten, Manendo, Brower, Ohrenschall, Neighbors, Tripple, de Braga, Close, Sandoval, Carpenter, Buckley, Perkins, Spitler, Lambert, Tiffany, Chowning, Anderson, Stroth, Steel, Goldwater, Ernaut, Schneider, Monaghan, Price, Fettic, Allard, Dini, Evans, Hettrick, Marvel and Humke

FILE NUMBER 64

ASSEMBLY CONCURRENT RESOLUTION–Commending Nevada pioneer and Ruby Valley matriarch, Lourinda Wines.

whereas, Lourinda Mariane Rahbeck was born on March 10, 1901, to Peter K. Rahbeck and Teena May Collins Rahbeck in Gardnerville, Nevada; and

whereas, While attending the University of Nevada in 1922, Lourinda Rahbeck decided to accept a teaching position in the Ruby Valley near Elko; and

whereas, After a 5-day journey from Reno to Deeth via train to Elko and horse-drawn sleigh across the 70-mile-long Ruby Valley, Lourinda Rahbeck arrived at the I. E. Wines Ranch, a ranch which would become a way of life for Lourinda; and

whereas, This captivating young teacher fell in love with and married the owner’s son, James B. Wines, and together they raised five children, Blaine, Calvin, Gordon, Mary Lou (Armuth) and Carroll, known as “Buster”; and

whereas, Kerosene lanterns, a wood-burning stove for cooking, no indoor plumbing, ironing with a flat iron on clothes which had to be washed by hand in the creek, were all a part of life that Lourinda Wines willingly accepted as she raised her family in those early years; and

whereas, Since James passed on in 1959, Lourinda Wines has continued to operate the ranch and even joined the Nevada Cattlemen’s Association in her late husband’s place; and

whereas, Lourinda is a charter member of the American National CowBelle’s Association, now known as the American National CattleWomen’s Association and she founded the Elko County and Nevada State CowBelle organizations; and

whereas, In 1989, Lourinda Wines was selected as the outstanding CattleWoman of the Year at the National Convention and in 1991 she was named Elko County Cattlewomen’s Mother of the Year; and

whereas, Lourinda Wines is also active in the Presbyterian Church of Elko, Ruby Valley Friendship Club, American Association of University Women, Northeastern Nevada Historical Society, Wells Rural Electric Board, Hospital Auxiliary and a china painting club; and

whereas, As current chairman for the Political Action Committee of the Nevada Cattlemen’s Association, Lourinda continues to stay busy raising money for this organization; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature commend Lourinda Wines for her years of contributions to this state and honor her for her tenacity, honesty and determination, all of which have made Lourinda Wines one of Nevada’s great ladies; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2929 (FILE NUMBER 64, ACR 29)ê

tenacity, honesty and determination, all of which have made Lourinda Wines one of Nevada’s great ladies; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lourinda Wines.

________

FILE NUMBER 65, ACR 30

Assembly Concurrent Resolution No. 30–Assemblymen de Braga, Williams, Segerblom, Harrington, Carpenter, Braunlin, Steel, Schneider, Giunchigliani, Bache, Lambert, Chowning, Monaghan, Allard, Stroth, Close, Arberry, Evans, Dini, Buckley, Anderson, Spitler, Goldwater, Ohrenschall, Sandoval, Tripple, Brower, Manendo, Perkins, Neighbors, Nolan, Krenzer, Hettrick, Batten, Humke, Price, Fettic, Bennett, Ernaut, Marvel and Freeman

FILE NUMBER 65

ASSEMBLY CONCURRENT RESOLUTION–Commending Wuzzie Dick George and her family for preserving the traditions of the Northern Paiute People of the Stillwater Marsh.

whereas, Wuzzie Dick George, whose first name means “Small Animal” in Paiute, was born into a band of the Northern Paiutes around 1880 in Jersey Valley near the Stillwater Mountain Range of western Nevada; and

whereas, During her childhood, Wuzzie Dick George learned valuable cultural skills including gathering, cutting and treating tules and cattails for use in crafting tule bags, tule duck decoys, tule balsa boats and cattail mats for covering houses; and

whereas, Wuzzie Dick George volunteered countless hours to teach her skills to others and to record the Paiute language and her memories of past lifeways for posterity; and

whereas, Wuzzie Dick George worked tirelessly as a participant in the creation of the film Tule Technology: Northern Paiute Uses of Marsh Resources in Western Nevada which was produced by the Smithsonian Institution and has enabled millions of Americans to share in the rich traditions of the Paiute heritage; and

whereas, Wuzzie Dick George, until her death in 1984, honored and preserved the ways of her ancestors by teaching her skills and respect for tradition to her children and grandchildren, even after being afflicted with arthritis and suffering a stroke during the last years of her life; and

whereas, Jimmy George, the husband of Wuzzie Dick George, was a Native American born between 1875 and 1879 below the south branch of the Carson River in western Nevada where he spent his boyhood learning to hunt waterfowl and rabbits, discovering the customs of his ancestors and developing such skills as making tule balsa boats; and

whereas, Jimmy George, both before and during his marriage to Wuzzie Dick George, spent a major portion of his life working at Soda Lake and on various ranches near Fallon, Nevada, while continuing to engage in the Native American traditions of creating tule duck decoys, boats and mats; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2930 (FILE NUMBER 65, ACR 30)ê

whereas, Jimmy George became a Native American doctor, or shaman, and earned the respect of his community by effectively treating nearly 1,000 patients; and

whereas, Jimmy George donated numerous hours demonstrating his skills, sharing his vast knowledge of the history of his people and relating his own personal stories and memories to historians; and

whereas, The native artistry of the Northern Paiute People of the Stillwater Marsh continues to be preserved through such projects as a diorama of a camp scene that includes tule baskets, tule duck decoys, a tule balsa boat and a cattail house created for the Churchill County Museum and Archives in Fallon, Nevada; and

whereas, The exhibit in the Churchill County Museum and Archives was refurbished by a son of Wuzzie and Jimmy George, Ivan George, with his sons, Martin and Davin; and

whereas, Pride in Paiute history and tradition is kept alive through the continued efforts of all members of the Fallon Paiute-Shoshone Tribe who teach their children and grandchildren the ways of their ancestors, the Northern Paiute People of the Stillwater Marsh; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature commend the Fallon Paiute-Shoshone Tribe and the George family for their efforts to honor and keep alive the memory of their ancestors by teaching their history and carrying on their work; and be it further

resolved, That the members of the Nevada Legislature commend Wuzzie and Jimmy George for their lifelong effort to develop and teach the traditions, crafts and skills of their ancestors; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Alvin Moyle, Chairman, of the Fallon Paiute-Shoshone Tribe, to the sons of Wuzzie and Jimmy George, Ivan George of Fallon, Nevada, and Ashley George of Sacramento, California, to the granddaughter of Wuzzie and Jimmy George, Louella George Thomas of Fallon, Nevada, and to the great-grandson of Wuzzie and Jimmy George, Joey Allen of Fallon, Nevada.

________

FILE NUMBER 66, SCR 29

Senate Concurrent Resolution No. 29–Senators Augustine, Adler, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 66

SENATE CONCURRENT RESOLUTION–Congratulating the Las Vegas Dustdevils on becoming the indoor soccer league champions.

whereas, The Las Vegas Dustdevils gained the support and affection of the Las Vegas community as the newly formed soccer expansion team rallied to win the Continental Indoor Soccer League championship on October 8, 1994; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2931 (FILE NUMBER 66, SCR 29)ê

to win the Continental Indoor Soccer League championship on October 8, 1994; and

whereas, The Dustdevils had finished third in the Continental Indoor Soccer League Western Division during the regular season with a 17-11 record, while the Dallas Sidekicks had placed first in the Eastern Division with a 24-4 record; and

whereas, The final game of the season provided the record crowd a thrilling climax as the Las Vegas Dustdevils beat the Dallas Sidekicks 9-8 in the third and deciding game of the Continental Indoor Soccer League championship series; and

whereas, Throughout the season it became apparent through the performance of the members of this highly respected team that these men embodied such outstanding traits of character as tenacity, resilience, confidence and pride, providing an inspiration to the youth of Nevada; and

whereas, The State of Nevada is proud to have such a fine group of young men representing it and looks forward to an exciting future for indoor soccer; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature congratulates the members of the Las Vegas Dustdevils, including Dan Barber, Carlos Bordinhao, Doug Borgel, Thies Carstens, Gus Castaneda, Tommy Crane, Ben Erickson, Mark Kerlin, Emmett Mielbrecht, Cliff Odle, Danny Packer, Brett Phillips, Oscar Pisano, Colin Rocke, Roderick Scott, Branko Segota, Rusty Troy, Tarik Walker and Gary Young for their outstanding performances; and be it further

resolved, That this body commends Head Coach Guy Newman and Assistant Coaches Ian Fulton and John Kennedy for their dedication and hard work; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Head Coach Guy Newman.

________

FILE NUMBER 67, SR 6

Senate Resolution No. 6–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 67

SENATE RESOLUTION–Inducting Francis Marion “Frank” Proctor 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

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2932 (FILE NUMBER 67, SR 6)ê

whereas, Frank Proctor came to Nevada in 1858, and after giving the name Carson City to the small town he helped to create, he became a delegate to Nevada’s 1864 Constitutional Convention; and

whereas, Frank Proctor served in the Nevada Legislature during the first three regular sessions, from 1864 to 1868, as the esteemed Senator from Nye County and as the first Democrat elected to the Senate; and

whereas, Frank Proctor was a proponent of popular sovereignty and states’ rights, and supported changing Nevada’s laws to give women the right to vote and hold public office; now, therefore, be it

resolved by the senate of the state of nevada, That Senator Francis Marion “Frank” Proctor, truly one of Nevada’s founding fathers, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

FILE NUMBER 68, SR 7

Senate Resolution No. 7–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 68

SENATE RESOLUTION–Inducting John E. Robbins 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, John E. Robbins was a distinguished Senator from Elko County for 20 years, serving as Senate Majority Leader during his freshman session in 1935, and as Majority or Minority Leader of the Senate every session thereafter until his death in 1954; and

whereas, In the regular session of 1947, Senator Robbins was one of three sponsors of landmark legislation to assist workers in the state, the “Nevada Industrial Insurance Act” and the “Nevada Occupational Diseases Act”; and

whereas, Senator Robbins, who was an attorney in his private career, served on the Senate Judiciary Committee throughout his years in the Senate and chaired the committee twice, one of those times as the only chairman who was a Democrat in a Senate controlled by Republican members; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2933 (FILE NUMBER 68, SR 7)ê

resolved by the senate of the state of nevada, That Senator John E. Robbins, a highly respected leader and statesman who graced the legislative hallways with dignity and pride, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

FILE NUMBER 69, SR 8

Senate Resolution No. 8–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 69

SENATE RESOLUTION–Inducting Walter R. Whitacre 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, Walter R. Whitacre, who was recognized by his colleagues for his dependability and quiet competence, devoted 22 years to public service as a Legislator from Lyon County, with 14 of those years served in the Senate; and

whereas, As a Senator, Walter R. Whitacre served as Senate Majority Leader in the regular sessions of 1959, 1960 and 1961 and as President Pro Tempore in 1963; now, therefore, be it

resolved by the senate of the state of nevada, That Walter R. Whitacre, a man who at the time of his death in 1966 had the distinction of serving in 20 regular and special sessions of the Legislature and having more years of consecutive service on the Legislative Commission than any other member, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ross E. Whitacre, son of the late Senator Whitacre.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2934ê

FILE NUMBER 70, SR 9

Senate Resolution No. 9–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 70

SENATE RESOLUTION–Inducting Melvin D. Close, Jr., 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, Melvin D. Close, Jr., ably represented the residents of Clark County for 18 years in the Nevada Legislature, serving as an Assemblyman from 1965 to 1970, as a Senator from 1971 to 1982, and in the leadership posts of Assembly Speaker, Assembly Minority Leader, and for two regular sessions as President Pro Tempore of the Senate; and

whereas, Major legislation sponsored by Senator Close included the creation of what is now the State Environmental Commission in an act to control air pollution and measures to protect the victims of crime; and

whereas, Because of Melvin D. Close, Jr.’s experience as an attorney and his attention to detail, many of his fellow legislators considered him to be one of the Senate’s most astute Chairmen of the Senate Judiciary Committee, a position he held for several sessions; now, therefore, be it

resolved by the senate of the state of nevada, That Senator Melvin D. Close, Jr., a highly respected member of the Senate for almost 2 decades, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Senator Melvin D. Close, Jr.

________

FILE NUMBER 71, SR 10

Senate Resolution No. 10–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 71

SENATE RESOLUTION–Inducting C. Clifton Young into the Senate Hall of Fame.

whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2935 (FILE NUMBER 71, SR 10)ê

whereas, C. Clifton Young served with distinction and integrity as a Senator from Washoe County for 14 years, from 1967 through 1980, following two terms as Nevada’s Representative in Congress from 1953 to 1956; and

whereas, In 1984, the people of the State of Nevada elected C. Clifton Young to the Nevada Supreme Court, and the honorable C. Clifton Young has proven himself to be one of this state’s outstanding jurists; and

whereas, C. Clifton Young has been a leader of a number or organizations, including President of the National Wildlife Federation, a member of the Board of Governors of the State Bar of Nevada and one of the founders of the Nevada Judicial Historical Society; now, therefore, be it

resolved by the senate of the state of nevada, That Justice C. Clifton Young, a man who has represented the residents of this state with the utmost honesty and integrity, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Honorable C. Clifton Young.

________

FILE NUMBER 72, SR 11

Senate Resolution No. 11–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Townsend and Washington

FILE NUMBER 72

SENATE RESOLUTION–Inducting Leola H. Armstrong as an honorary member of the Senate Hall of Fame.

whereas, Leola H. Armstrong is a native Nevadan who began her career in state government as Minute Clerk in the Nevada Legislature in 1949; and

whereas, Leola Armstrong was elected Secretary of the Senate during the special session of 1958 and masterly fulfilled the demands of that position for 24 years until her retirement in 1981; and

whereas, In addition to her 33 years of dedicated service in the Nevada Senate, Leola Armstrong has worked to improve government in Nevada for many years as Executive Director of Common Cause/Nevada; and

whereas, The Senate of the Legislature of the State of Nevada wishes to recognize Leola H. Armstrong for her competency and quick wit and for her exceptional service to this legislative body; now, therefore, be it

resolved by the senate of the state of nevada, That Leola H. Armstrong, who has continued to serve the State of Nevada in an exemplary manner, is hereby inducted as an honorary member of the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2936 (FILE NUMBER 72, SR 11)ê

manner, is hereby inducted as an honorary member of the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to Leola H. Armstrong.

________

FILE NUMBER 73, SCR 5

Senate Concurrent Resolution No. 5–Committee on Human Resources and Facilities

FILE NUMBER 73

SENATE CONCURRENT RESOLUTION–Urging the Department of Education and the Department of Human Resources to participate fully in the national “Kids Count” survey.

whereas, The “Kids Count” survey, conducted by the Annie E. Casey Foundation and the Center for the Study of Social Policy, profiles the condition of children in the United States by measuring the health and the economic, educational and social well-being of those children; and

whereas, The overarching goal of the “Kids Count” survey, and the policies and programs established by individual states in response to the survey, is to foster a greater statewide and national commitment to improving the outcomes for vulnerable children and their families; and

whereas, The profile of the condition of children generated by the “Kids Count” survey is a powerful indicator of the needs of those children which can be used to improve existing policies and programs, or establish new policies and programs, affecting the children of the State of Nevada; and

whereas, The accuracy and value of this information for the benefit of the children of this state is wholly dependent upon the full participation of the State of Nevada; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Department of Education and the Department of Human Resources is hereby urged to participate fully in the national “Kids Count” survey; 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 and the Director of the Department of Human Resources.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2937ê

FILE NUMBER 74, AR 9

Assembly Resolution No. 9–Assemblymen Batten, Williams and Arberry

FILE NUMBER 74

ASSEMBLY RESOLUTION–Expressing commitment to and support for the ideals and concepts of properly designed affirmative action programs.

whereas, It is a commonly held belief that the United States is a nation which was founded upon the ideals of fairness and equal opportunity; and

whereas, The unfortunate reality, which has been repeatedly recognized by the courts of this country, is that the Constitution of the United States was neither color-blind nor gender neutral and therefore tolerated racial and gender inequities for almost 200 years; and

whereas, Most residents of this country become cognizant of this fact during the 1960’s with the realization that most job categories, professions and college admissions were overwhelmingly dominated by white males; and

whereas, To achieve those originating ideals of fairness and equal opportunity, a national policy for equal employment opportunity was established in 1961 when President John F. Kennedy ordered the Federal Government itself and companies which conducted business with the Federal Government to eliminate from their workplaces any discrimination based on race, creed, color or national origin; and

whereas, During the subsequent Johnson administration, the policy of affirmative action was first implemented as a tool to open opportunity and fairness for all qualified applicants in the workplace and in education; and

whereas, Affirmative action is a policy which negates the effects of historic and continuing patterns of discrimination against qualified applicants and beneficially produces a richly diversified work force or student body; and

whereas, Properly designed affirmative action programs allow those who are equally qualified, but who were previously underrepresented, to obtain equal access to the basic rights of every citizen of the United States; and

whereas, The goal of affirmative action has since been expanded to include the elimination of discrimination on the basis of sex; and

whereas, Even though affirmative action has advanced the ideals of fairness and equal opportunity, the reality is that discrimination and prejudice still exist in this nation because social conditions have not sufficiently progressed to eliminate all unfairness and inequality in such areas as employment, rate of pay, professional advancement and housing; and

whereas, Female employees are paid an average of $.72 for each $1 that is paid to male employees for the same job, and when considered separately, nonwhite females earn even less at $.65 for each $1 paid to a male employee for the same job; and

whereas, Further evidence that the goal of equal opportunity has not yet been met is illustrated by the fact that 92,000 civil rights cases were filed with the United States Justice Department in 1994; and

whereas, It is a common misconception that affirmative action gives a preference to unqualified applicants; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2938 (FILE NUMBER 74, AR 9)ê

whereas, The truth is that affirmative action allows employers and institutions of higher learning to set goals (not quotas) which will enable them, only after establishing that the remaining applicants are equally qualified, to consider race, ethnicity and gender as criteria for selection; and

whereas, It is also a common misconception that affirmative action causes qualified white males to be treated unfairly when they apply for employment or educational opportunities, and interferes with their expectation that they possess a unique entitlement to those opportunities; and

whereas, The truth is that properly designed affirmative action plans actually embrace our traditional notions of competition which, unfortunately, include the universal and historical reality that when a finite number of positions are available, some candidates, though qualified, will be turned away; and

whereas, While impressive gains in many job categories have been made, the federal Glass Ceiling Commission recently reported that 95 percent of corporate America’s upper management (defined as vice president and above) are still white males; and

whereas, Affirmative action should continue, without myth and without apology, to be a tool which allows the consideration of race, ethnicity and gender as additional criteria that may be used in choosing among the many qualified applicants for employment or educational opportunities; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the Assembly of the 68th session of the Nevada Legislature hereby express their commitment to and support for the ideals and concepts of properly designed affirmative action plans; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor for distribution to the head of each agency in the executive department of the state government, to the Attorney General for distribution to each District Attorney in the State of Nevada, to the Board of Regents of the University and Community College System of Nevada, to the Executive Director of the Nevada Association of Counties for distribution to each board of county commissioners in this state, and to the Executive Director of the Nevada League of Cities for distribution to each city council in the State of Nevada.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2939ê

FILE NUMBER 75, ACR 34

Assembly Concurrent Resolution No. 34–Assemblymen Anderson, Allard, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Manendo, Nolan, Lambert, Neighbors, Marvel, Krenzer, Humke, Monaghan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 75

ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Jeanne Demuth Dini.

whereas, The members of the Nevada Legislature note with profound sorrow the passing of Jeanne Demuth Dini, on June 27, 1994; and

whereas, The untimely death of Jeanne Dini has been felt by all who knew her personally or through her many altruistic endeavors and civic activities; and

whereas, Jeanne Demuth was born on December 22, 1929, in Minnesota and moved to Nevada as a young woman; and

whereas, Jeanne Demuth attended the University of Nevada in Reno, where she studied nursing and met and married her husband Joseph E. Dini, Jr., in 1949; and

whereas, Jeanne Dini was a loving wife to Joe, a loving mother to their four sons, Jay, George, David and Mike, a loving grandmother to twelve grandchildren and one great-grandchild and a true friend to those who knew her; and

whereas, Despite Jeanne Dini’s genuine caring nature, she was never characterized as being indecisive or weak-kneed, as evidenced by her sons’ affectionate references to her as “The Warden”; and

whereas, During her lifetime, Jeanne Dini rendered tremendous service to the residents of Nevada through her long-time contributions as a member of the Personnel Commission of the State of Nevada and her extensive efforts to support rural mental health clinics, rural historic preservation and many other social issues; and

whereas, Jeanne Dini’s life was woven firmly into the very fabric of Yerington, Mason Valley and Lyon County in countless ways, from her work in the family business to her tireless efforts to preserve Yerington’s hospital (the South Lyon Medical Center) and from her service as chair of the ongoing drive to restore Yerington’s historic Grammar School #9 to her extensive service on the local planning commission; and

whereas, Jeanne Dini built an enviable record of service with numerous civic, religious and fraternal organizations, including the Order of Eastern Star for which she served as Grand Martha, Soroptimist International, the Democratic Women’s Club, Beta Sigma Phi, Holy Family Catholic Church and the Italian Catholic Federation; and

whereas, At the foundation of Jeanne Dini’s extensive community involvement rested her deep concern for and commitment to people, most especially children and those less fortunate, for whom she was a fierce champion; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2940 (FILE NUMBER 75, ACR 34)ê

whereas, Jeanne Dini’s life of service to others illustrated the words of wisdom found in an ancient church which say, “The more you give, the more you get; the more you do unselfishly, the more you live abundantly; for only what we give away, enriches us from day to day”; and

whereas, Jeanne Dini deeply respected the legislative process and was the constant companion and chief supporter of her husband, long-time Speaker Joe Dini, at the Nevada State Legislature, prompting Yerington’s Mason Valley News upon her passing to remember her in an editorial entitled, “Godspeed Madam Speaker”; 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 Jeanne Dini; and be it further

resolved, That in Jeanne Dini, Nevada has lost a wonderful woman and gracious lady whose hard work left numerous visible reminders of her efforts to make Nevada a better place, and whose belief in people left an indelible mark on the thousands of Nevadans’ lives which she touched; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each of Jeanne’s sons, Jay, George, David and Mike, and to her loving husband, Joe.

________

FILE NUMBER 76, SCR 34

Senate Concurrent Resolution No. 34–Senators O’Donnell, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 76

SENATE CONCURRENT RESOLUTION–Memorializing Deena Rizzo.

whereas, Deena Marie Rizzo was born on June 28, 1973, in Niagara Falls, New York; and

whereas, When Deena Rizzo was only 2 years of age, her family moved to Las Vegas where she later attended Doris French Elementary School, Cannon Junior High School, Chaparral High School and Valley High School; and

whereas, Deena Rizzo tackled life with enthusiasm and a zest for living which included participation in Pop Warner football as a cheerleader for her brother’s team, Bobby Sox softball, soccer and slow pitch softball; and

whereas, As a young girl, Deena became entranced with the art of dance and as she pursued this interest, her abilities and talent improved to such a degree that she performed in several promotional dance programs while she was in college; and

whereas, Deena Rizzo had aspirations of becoming a teacher, and after receiving a Raythean Scholarship, she attended the University of Nevada, Las Vegas, to pursue this career; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2941 (FILE NUMBER 76, SCR 34)ê

whereas, Deena Rizzo lived her short life always attempting to please others and looking forward toward her career as a teacher when she could help children learn to follow their dreams; and

whereas, Tragically, this beautiful young lady was denied her own dreams within seconds when a driver with blood-alcohol level of 0.05 killed her as she was returning home from a friend’s house on March 6, 1993; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature honor the memory of Deena Rizzo as they extend their heartfelt sympathy and condolences to Deena’s parents, Cecile and Nicholas Rizzo of Henderson, her brother, Todd Rizzo of Phoenix, Arizona, her grandparents, Stella Kashur and Nick and Anna Rizzo and her uncle and godfather, Richard Rizzo, all of Las Vegas; and be it further

resolved, That this legislative body hereby vows to support efforts to end the violent crime of drunken driving, thereby reducing the number of fatalities and injuries to innocent victims such as Deena Rizzo; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Cecile and Nicholas Rizzo.

________

FILE NUMBER 77, SCR 33

Senate Concurrent Resolution No. 33–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 77

SENATE CONCURRENT RESOLUTION–Congratulating Brian Blakemore for parachuting onto the North Pole.

whereas, Brian Blakemore decided to make his 100th skydiving jump a memorable one when he joined an expedition composed of 75 skydivers from around the world whose goal was to parachute onto the North Pole; and

whereas, As one of only five jumpers from the United States, Brian was ecstatic to be given this opportunity to participate in an adventure which would include flying from Las Vegas to New York City, then on to Moscow for 2 days of sight-seeing and finally traveling by Russian jet to the Siberian town of Khatanga where the participants would stay until favorable weather conditions allowed them to fly to a Russian air base at the edge of the polar ice cap; and

whereas, On April 17, 1995, Brian made his 100th jump and upon his successful landing, placed the Nevada state flag on the North Pole; and

whereas, The members of the team all jumped successfully, with only one minor injury and one lost boot on the way down; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2942 (FILE NUMBER 77, SCR 33)ê

whereas, Threatening weather forced the participants in the expedition to spend a total of 21 hours near the North Pole before they were able to return to Khatanga; and

whereas, This trip of a lifetime included two more jumps in Siberia and two near Moscow; and

whereas, Brian looks forward to the future with continued optimism and anticipation of a possible return expedition to the North Pole or even a new adventure to the South Pole; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature do hereby congratulate Brian Blakemore, son of former Senator Richard Blakemore, for his courage and spirit of adventure demonstrated in his 100th jump and for keeping the spirit of this battle born state alive by placing a Nevada state flag on the North Pole; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mr. Brian Blakemore.

________

FILE NUMBER 78, SCR 35

Senate Concurrent Resolution No. 35–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 78

SENATE CONCURRENT RESOLUTION–Memorializing native Nevadan philanthropist, Clarence K. Jones.

whereas, Clarence K. Jones, who died at the age of 85 years on January 17, 1995, was a native of Genoa, Nevada, and one of our state’s foremost citizens; and

whereas, Clarence Jones and his wife Martha were leading philanthropists whose contributions extended across many programs and projects at the University of Nevada, Reno, and the Truckee Meadows Community College and included the National Council of Juvenile and Family Court Judges, the Nevada Women’s Fund, arts and athletics, students and faculty, religion, the physically disabled and other works of civic betterment; and

whereas, Clarence Jones’ remarkable career with Reno newspapers covered 52 years, beginning as a newsboy and culminating with his 20-year tenure as business manager of the Reno Gazette-Journal; and

whereas, Clarence Jones was active in community organizations and served the Masonic order with distinction by holding numerous local, national and international offices, rising to the order’s highest rank and holding the title of Past Grand Master of Nevada; and

whereas, Clarence Jones chaired the civic committee that was instrumental in bringing the 1960 Winter Olympic Games to Squaw Valley, chaired the annual United Way Campaign for northern Nevada, served as a member of the board of trustees of the Chamber of Commerce, was a member of the Reno Foundation Board of Trustees and played an important role in establishing the Better Business Bureau in Washoe County; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2943 (FILE NUMBER 78, SCR 35)ê

Reno Foundation Board of Trustees and played an important role in establishing the Better Business Bureau in Washoe County; and

whereas, In 1989, Clarence Jones received the Raymond L. Smith Civic Leader of the Year award for his numerous contributions to northern Nevada; and

whereas, Clarence Jones was also elected to the Junior Achievement Business Hall of Fame and was awarded the Distinguished Nevadan Citation by the University of Nevada, Reno, the institution from which he graduated in 1931 with a degree in electrical engineering; and

whereas, Clarence Jones and his wife Martha had an unmatched exuberance for life, and, although they became worldwide travelers, their hearts were always with Nevada; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature, on behalf of the people of Nevada, extend their sincere condolences to Martha Jones and her daughters Ann Carlson and Charlotte Markewitz and the numerous friends and family members of the Jones family; and be it further

resolved, That Clarence Jones was truly a man who touched the lives of thousands through his generosity, friendships, commitment to citizenship and lifelong service to the community and state; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Clarence Jones’ loving wife, Martha Jones.

________

FILE NUMBER 79, SCR 36

Senate Concurrent Resolution No. 36–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 79

SENATE CONCURRENT RESOLUTION–Memorializing the former President of the State Bar of Nevada, Thomas A. Cooke.

whereas, The members of the Nevada Legislature were saddened to learn of the passing of prominent Reno attorney, Thomas A. Cooke; and

whereas, Thomas Cooke was born in San Francisco on August 8, 1920, but moved to Reno at an early age where he attended the Mt. Rose Elementary School and was a graduate of Reno High School and the University of Nevada, Reno; and

whereas, Thomas Cooke was a Lieutenant Commander in the Navy during World War II and received the Navy Unit Citation Bronze Star for his bravery and service to his country; and

whereas, Following his military service, Thomas Cooke received his law degree from Hastings College of Law; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2944 (FILE NUMBER 79, SCR 36)ê

whereas, Thomas Cooke was highly respected in his profession and while serving as President of the State Bar of Nevada in 1970, he spearheaded the drive to establish the “Client’s Security Fund”; and

whereas, An outspoken advocate of preserving Nevada’s history as well as the environment, Mr. Cooke served for five years on the Tahoe Regional Planning Commission, chaired the Virginia City Historical Commission and the Comstock Historic District Commission, was a member of the Board of the National Trust of historic Preservation, served on the Washoe County Park Commission from 1961 to 1967 (Chairman from 1961 to 1964), was a member of the Nevada Historical Society, and recently had been a board member of the Open Steamboat Trail Association; and

whereas, Thomas Cooke was active in the Democratic Party, serving as chairman of the Washoe County Democratic Central Committee in 1956 and as a delegate to the 1960 Democratic National Convention; and

whereas, Thomas Cooke is survived by his wife of fifty years, Patricia, and daughters Carol Cooke, Kathleen Gilbert, Valerie Cooke Skau and Theresa Hella, all of Reno; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature offer their sincere condolences to Thomas Cooke’s family and his many friends; and be it further

resolved, That the State of Nevada will forever be indebted to Thomas A. Cooke for his many years of honest, compassionate and dedicated service to the City of Reno, Washoe County and the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Thomas Cooke’s daughters, Carol, Kathleen, Valerie and Theresa and his loving wife, Patricia.

________

FILE NUMBER 80, ACR 35

Assembly Concurrent Resolution No. 35–Assemblymen Dini, Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 80

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Legislative Counsel Russell W. McDonald.

whereas, The members of this session note with sadness the passing of Russell West McDonald, who served our legislature and the people of this state for so long as Legislative Counsel and in other public offices; and

whereas, Russ McDonald was a native Nevadan, born October 8, 1917, in Reno to Thomas M. and Juanita West McDonald; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2945 (FILE NUMBER 80, ACR 35)ê

whereas, After beginning his education at the University of Nevada and spending 2 years at Oxford University as a Rhodes Scholar, he entered the United States Navy to serve during World War II and attained the rank of Lieutenant Commander; and

whereas, He completed his education at Stanford University School of Law after the war and was admitted to the State Bar of Nevada; and

whereas, He served as Assistant City Attorney of Reno and codified the ordinances of Washoe County and the cities of Reno, Sparks, Winnemucca and Lovelock; and

whereas, He was appointed in 1951 as Director of the Statute Revision Commission which was composed of the Justices of the Supreme Court and charged with revising the statutes of the state; and

whereas, Under the supervision of the justices, he took the mass of statutes which had accumulated over 90 years without being authoritatively harmonized and weeded out the inconsistencies, producing for enactment by the legislature in 1957 the Nevada Revised Statutes, which comprised “all laws of a general, public and permanent nature” as of January 21, 1957; and

whereas, During the progress of that work and after its completion, he drafted, with the aid of a small staff of lawyers, all bills and resolutions and any amendments thereto introduced in the Nevada Legislature, so the coherence of the Nevada Revised Statutes could be preserved; and

whereas, In 1963, when the responsibility for this latter work was transferred from the judicial to the legislative department and the Legislative Counsel Bureau was created, he became the Legislative Counsel and the Director of the Legislative Counsel Bureau; and

whereas, Upon completion of the revision of the statutes, he and his staff began digesting all of the opinions of the Supreme Court to prepare annotations to the Nevada Revised Statutes and a topical digest of the Nevada Reports, a task initially completed around 1965 and continuing in the annotations now integrated with the statutes as a responsibility of the Legislative Counsel; and

whereas, He served in these capacities until 1971, when he retired at the end of the legislative session from state service and returned to local governmental service, serving as Washoe County Manager until 1976; and

whereas, Throughout and after this long career, he made time for voluntary public service as a member of the State Welfare Board and the Board of Bar Examiners, a trustee of the Nevada Historical Society and a member of the successor board of museums and history; and

whereas, He had a strong social side as well, attested by his many friends and his affiliation with the Free and Accepted Masons, the Order of Nobles of the Mystic Shrine, the Benevolent and Protective Order of Elks, and the Independent Order of Odd Fellows; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature offer their condolences to the family and friends of Russell W. McDonald; and be it further

resolved, That his true monument is before us every day in the form of the Nevada Revised Statutes that he shaped and that we amend in every bill for a general law; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2946 (FILE NUMBER 80, ACR 35)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to his widow, Betty, his son Michael, and his daughters Stephanie Merchant and Kitty Downs.

________

FILE NUMBER 81, SCR 39

Senate Concurrent Resolution No. 39–Senators Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 81

SENATE CONCURRENT RESOLUTION–Memorializing Gary A. Owen.

whereas, The members of the Nevada Legislature note with profound sorrow the tragic loss of Gary A. Owen, prominent Carson City attorney and devoted husband and father; and

whereas, Gary Owen was born on November 17, 1944, and graduated from Chowchilla Union High School in 1962; and

whereas, Gary graduated from the University of California at Davis in 1966 with a Bachelor of Arts Degree and received his Juris Doctor Degree from the University of California, Hastings College of the Law in 1969; and

whereas, During his undergraduate years he was included on the Dean’s List, was a Charter member of Pi Sigma Alpha and a member of the National Political Science Scholastic Honor Society, and in law school he received the Order of the Coif, wrote for the Hastings Law Journal, and was a member of the Thurston Society (Hastings Scholastic Honor Society); and

whereas, Gary moved to Carson City in 1972 to accept a position as the Assembly Bill Drafting Adviser with the Nevada Legislative Counsel Bureau, a position he held for 1 year before entering private practice; and

whereas, Protection of the environment was a priority with Gary and his expertise was constantly sought by others regarding land use planning and environmental law at Lake Tahoe; and

whereas, Gary Owen served as attorney for the Tahoe Regional Planning Agency beginning in 1973, defending nearly all the agency’s land use takings litigation, as he worked to save the integrity of the environment around Lake Tahoe; and

whereas, Gary later served as counsel to former Governor Mike O’Callaghan during the 1977 Legislative Session; and

whereas, Gary Owen was involved with his community throughout his life, including serving on the Board of Directors of F.I.S.H. (Friends in Service Helping), as a presenter at the People’s Law School, and as a supporter of the Carson City Boy’s and Girl’s Club; and

whereas, Perhaps the greatest source of pride and happiness came from his family, his devoted wife, Elaine, his daughter, Stephanie, a registered nurse in Colorado, and his son, Robb, who is studying civil engineering at Colorado State University; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2947 (FILE NUMBER 81, SCR 39)ê

whereas, Gary’s parents, Anzel and Inez Owen, will forever remember Gary as a warm and loving son; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature express their heartfelt condolences to Gary’s loving wife, Elaine, his children Stephanie and Robb and his parents Anzel and Inez; and be it further

resolved, That the residents of the State of Nevada have indeed suffered a great loss with the passing of Gary A. Owen, a man who fought to preserve and protect the environment of this state; and be it further

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

________

FILE NUMBER 82, ACR 3

Assembly Concurrent Resolution No. 3–Assemblyman Hettrick

FILE NUMBER 82

ASSEMBLY CONCURRENT RESOLUTION–Urging certain state agencies to cooperate with the Tahoe Regional Planning Agency and the local governments in the Lake Tahoe Basin and to provide information within their fields of responsibility.

whereas, The Tahoe Regional Planning Agency was created pursuant to the provisions of the Tahoe Regional Planning Compact in order to enhance the efficiency and governmental effectiveness of the Lake Tahoe Basin; and

whereas, The provisions of the Tahoe Regional Planning Compact authorize the Tahoe Regional Planning Agency to adopt and enforce a regional plan and carry out ordinances so that established environmental threshold carrying capacities can be achieved and maintained while at the same time providing opportunities for orderly growth and development consistent with those capacities; and

whereas, The Department of Transportation and the Division of Environmental Protection, the Division of Forestry, the Division of State Lands and the Division of Wildlife of the State Department of Conservation and Natural Resources each possess and maintain information in their respective fields of responsibility in the Lake Tahoe Basin which, if provided to the Tahoe Regional Planning Agency, would assist in the efforts of the agency to protect the environment of the basin and plan for orderly and environmentally responsible growth in the area; and

whereas, The Division of Environmental Protection is represented on the Advisory Planning Commission of the Tahoe Regional Planning Agency and the Division of State Lands and the Division of Wildlife are participating members of the Shorezone Project Review Committee; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Department of Transportation and the Division of Environmental Protection, the Division of Forestry, the Division of State Lands and the Division of Wildlife of the State Department of Conservation and Natural Resources are hereby urged to cooperate with the Tahoe Regional Planning Agency and the various local governments in the Lake Tahoe Basin and to provide them with information within their respective fields of responsibility which would be of assistance in the efforts to protect the environment of the basin and plan for the orderly and environmentally responsible growth of the area; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2948 (FILE NUMBER 82, ACR 3)ê

and to provide them with information within their respective fields of responsibility which would be of assistance in the efforts to protect the environment of the basin and plan for the orderly and environmentally responsible growth of the area; and be it further

resolved, That Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the governing body of the Tahoe Regional Planning Agency, the Department of Transportation and the Division of Environmental Protection, the Division of Forestry, the Division of State Lands and the Division of Wildlife of the State Department of Conservation and Natural Resources.

________

FILE NUMBER 83, AJR 19

Assembly Joint Resolution No. 19–Committee on Elections and Procedures

FILE NUMBER 83

ASSEMBLY JOINT RESOLUTION–Proposing to amend the Nevada constitution to authorize specifically the legislative review of administrative regulations.

resolved by the assembly and senate 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2949ê

FILE NUMBER 84, AJR 13

Assembly Joint Resolution No. 13–Committee on Taxation

FILE NUMBER 84

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to provide for the resolution of conflicts between certain amendments of statutes and constitutional provisions.

resolved by the assembly and the senate of the state of nevada, jointly, That section 1 of article 16 of the constitution of the State of Nevada be amended to read as follows:

Section 1. 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if the same shall be agreed to by a Majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals, with the Yeas and Nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall, unless precluded by subsection 2 [,] or section 2 of article 19 of this constitution, become a part of the Constitution.

2. If two or more amendments which affect the same section of the constitution are ratified by the people pursuant to this section at the same election:

(a) If all can be given effect without contradiction in substance, each shall become a part of the constitution.

(b) If one or more contradict in substance the other or others, that amendment which received the largest favorable vote, and any other ratified amendment or amendments compatible with it, shall become a part of the constitution.

3. If , after the proposal of an amendment, another amendment is ratified pursuant to this section which affects the same section of the constitution but is compatible with the proposed amendment, the next legislature if it agrees to the proposed amendment shall submit such proposal to the people as a further amendment to the amended section. If, after the proposal of an amendment, another amendment is ratified pursuant to this section which contradicts in substance the proposed amendment, such proposed amendment shall not be submitted to the people.

And be it further

resolved, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:

Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2950 (FILE NUMBER 84, AJR 13)ê

statutes and amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.

2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.

3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than January 1 of the year preceding the year in which a regular session of the legislature is held. After its circulation, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a stature proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2951 (FILE NUMBER 84, AJR 13)ê

amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.

4. If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall , unless precluded by subsection 5 or 6, become a part of this constitution upon completion of the canvass of votes by the supreme court.

5. If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:

(a) If all can be given effect without contradiction in substance, each shall be given effect.

(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.

6. If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2952 (FILE NUMBER 84, AJR 13)ê

approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.

________

FILE NUMBER 85, AJR 25

Assembly Joint Resolution No. 25–Committee on Transportation

FILE NUMBER 85

ASSEMBLY JOINT RESOLUTION–Urging the President of the United States and Congress to support all federal and state efforts to build and use super-speed trains which operate by magnetic levitation.

whereas, Air and highway travel is becoming increasingly congested in the Western United States as populations continue to increase in those areas; and

whereas, Such congestion may result in an increase in the number of fatal automobile and airplane accidents and in the amount of harmful contaminants released into the atmosphere; and

whereas, The technology to build super-speed trains which operate by magnetic levitation is available and if employed would help eliminate the congested conditions on the highways and in the air and therefore help reduce the rate of fatal accidents and the levels of air pollution; and

whereas, Super-speed trains which operate by magnetic levitation can travel in excess of 180 miles per hour and therefore for many trips would be of comparable efficiency to that of most commercial airlines; and

whereas, The estimated fare for passengers of such super-speed trains is only about two-thirds of the prevailing fare for passengers of commercial airlines; and

whereas, The cost of construction of such a super-speed train system is estimated to be lower per mile than building traditional highways or airports in urban areas; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the President of the United States and Congress are hereby urged to support all federal and state efforts to build and operate super-speed trains which operate by magnetic levitation and to support financially, through grants or otherwise, the development of a national corridor for the travel of such super-speed trains; 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 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2953ê

FILE NUMBER 86, ACR 40

Assembly Concurrent Resolution No. 40–Assemblymen Spitler, Giunchigliani, Close, Allard, Price, Brower, Chowning, Dini, Tiffany, Williams, Buckley, Sandoval, Krenzer, Hettrick, Nolan, de Braga, Segerblom, Ohrenschall, Arberry, Freeman, Neighbors, Harrington, Batten, Evans, Tripple, Marvel, Goldwater, Carpenter, Bache, Ernaut, Fettic, Lambert, Stroth, Steel, Anderson, Schneider, Humke, Braunlin, Monaghan, Bennett, Perkins and Manendo

FILE NUMBER 86

ASSEMBLY CONCURRENT RESOLUTION–Proclaiming the month of May as “Asian Pacific Heritage Month” in Nevada.

whereas, President Clinton has proclaimed the month of May “National Asian Pacific Heritage Month”; and

whereas, In the State of Nevada more than 65,000 Southern Nevadans can trace their roots to Asia and the islands of the Pacific; and

whereas, Asian Pacific Americans have strived to gain the acceptance and respect of their fellow Americans by promoting cultural awareness, developing leadership abilities and cultivating positive skills and talents; and

whereas, The month-long observance will highlight the many different Asian Pacific cultures found in Southern Nevada through various special events and cultural presentations; and

whereas, On May 26, 1995, the first group of “Asian Pacific Champions of Excellence” awards will be presented to outstanding Southern Nevada residents whose contributions and achievements have made them positive role models for the Asian Pacific American community; and

whereas, These outstanding Asian Pacific Americans and Asian Pacific American Advocates include Golam Choudhury, M.D., Bashir Chowdhry, M.D., Hae Un Lee, Dr. Peter Lok, Nqoc Nquyen, Lilly Fong, Cal and Cindy Puana, Rozita Villanueva Lee, Rachaconda Prabhu, M.D., Supatra Chemprachum, George Goto, Stewart Bell and Richard Segerblom; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That in recognition of the achievements and contributions of Asian Pacific Americans to the State of Nevada, the members of the 68th session of the Nevada Legislature do hereby proclaim the month of May “Asian Pacific Heritage Month” in Nevada; and be it further

resolved, That the Nevada Legislature encourages all residents of Nevada to participate in local events which recognize and honor Asian Pacific Americans in an effort to become more aware of the Asian Pacific influence on the history of Nevada.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2954ê

FILE NUMBER 87, SCR 23

Senate Concurrent Resolution No. 23–Committee on Government Affairs

FILE NUMBER 87

SENATE CONCURRENT RESOLUTION–Encouraging the purchase of local agricultural products.

whereas, Many agricultural products of high quality are produced on the 8.9 million acres of farming and grazing land in the State of Nevada; and

whereas, These products consist of cattle, sheep, lambs, hogs and other livestock, cotton, wheat, alfalfa, barley, corn, potatoes, melons and other crops, and honey, wool, eggs, milk, cheese and other products; and

whereas, For several years ranchers and farmers in this state have experienced continually increasing costs of production and recently have suffered decreases in cash receipts and a sharp drop in net income from farming and ranching; and

whereas, Purchasers in this state could greatly benefit the agricultural economy of this state by obtaining agricultural products from sources within this state, to the extent that their needs can be met by these products; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That institutions, wholesalers and retailers in this state are encouraged to purchase agricultural products which are grown, produced, packed, processed or raised in the State of Nevada; and be it further

resolved, That each regulatory agency of this state having the appropriate powers is directed to foster the purchase and use of agricultural products grown, produced, packed, processed or raised in this state; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each regulatory agency of this state which is able to assist in carrying out the purposes of this resolution.

________

FILE NUMBER 88, AJR 31

Assembly Joint Resolution No. 31–Assemblymen de Braga, Dini, Neighbors, Carpenter, Segerblom, Steel, Braunlin, Schneider, Harrington, Manendo, Price, Perkins, Ernaut, Stroth, Allard, Anderson, Humke, Chowning, Spitler, Sandoval, Fettic, Goldwater, Ohrenschall, Bennett, Freeman, Nolan, Krenzer, Marvel, Tripple, Bache, Lambert, Close and Giunchigliani

FILE NUMBER 88

ASSEMBLY JOINT RESOLUTION–Urging the National Museum of the American Indian to return a portion of the tule duck decoys to the Department of Museums, Library and Arts of the State of Nevada.

whereas, Evidence indicates that caves in the Great Basin of Nevada were used 9,000 years ago by Native Americans for shelter and storage; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2955 (FILE NUMBER 88, AJR 31)ê

whereas, In 1911, one of those caves, now known as Lovelock Cave, near the town of Lovelock, Nevada, was discovered by miners who soon realized the historic significance of artifacts they found within the cave; and

whereas, In 1924, archaeologists were summoned to excavate Lovelock Cave and uncovered a wealth of artifacts which they described as “one of the richest archeological treasures ever found in the West”; and

whereas, Among those artifacts was a rich cache of 11 handcrafted Canvasback tule duck decoys, 8 of which, carefully painted and having real feathers tied to their sides, look almost alive; and

whereas, A radiocarbon dating test has shown the tule duck decoys to be approximately 2,000 years old, perhaps the world’s oldest known duck decoys; and

whereas, The 11 duck decoys are presently displayed in the National Museum of the American Indian, a part of the Smithsonian Institution, and have been studied by anthropologists and archaeologists from throughout the United States; and

whereas, The State of Nevada takes the deepest pride in its Native American heritage; and

whereas, The significance of the tule duck decoys to this state is demonstrated by the fact that a Native American Paiute family continues to craft the decoys; and

whereas, If the Department of Museums, Library and Arts of the State of Nevada were given the opportunity to display a portion of the tule duck decoys discovered in Lovelock Cave, every possible precaution would be taken to display them properly in a way that would preserve and protect their delicacy; and

whereas, The exhibition of the tule duck decoys in Nevada would allow not only residents of Nevada who are heirs to the ancient artistry of the decoys but also numerous tourists from outside of Nevada to appreciate the rich heritage and traditions of the Native American culture; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature urge the Registrar of the National Museum of the American Indian to make a gift of or permanently loan a portion of the tule duck decoys to the Department of Museums, Library and Arts of 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 Registrar of the National Museum of the American Indian, the Director of the Department of Museums, Library and Arts of the State of Nevada, and each member of the Nevada Congressional Delegation; and be it further

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

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2956ê

FILE NUMBER 89, AR 10

Assembly Resolution No. 10–Committee on Elections and Procedures

FILE NUMBER 89

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

resolved by the assembly of the state of nevada, That Mary E. Sitts is elected as an additional attache of the Assembly for the 68th session of the Legislature of the State of Nevada.

________

FILE NUMBER 90, SCR 42

Senate Concurrent Resolution No. 42–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 90

SENATE CONCURRENT RESOLUTION–Memorializing former District Court Judge William Beko.

whereas, The members of the Nevada Legislature note with profound sorrow the recent passing of former District Court Judge William Beko; and

whereas, William Beko was born 72 years ago to Serbian immigrants in Tonopah, Nevada; and

whereas, In 1952, William Beko graduated from Hastings College of the Law in San Francisco and the following year was elected by the people of Nye County to the Nevada Assembly where he served one term as an Assemblyman before being elected as the Nye County District Attorney; and

whereas, For 20 years William Beko served as Nye County District Attorney, establishing a formidable reputation as a prosecutor in the courtroom and earning a highly regarded reputation for honesty and fairness; and

whereas, It was not surprising when former Governor Mike O’Callaghan, upon hearing of William Beko’s outstanding reputation, appointed him to serve as the District Court Judge for Nye, Mineral and Esmeralda counties in 1975; and

whereas, Judge Beko’s sprawling district encompassed over 25,000 square miles and included the towns of Hawthorne, Tonopah and Goldfield, making it necessary for the Judge to spend much of his time traveling from one courthouse to another; and

whereas, Judge Beko served as District Court Judge until 1989 when he retired from full-time status to senior status, hearing cases in other jurisdictions as a Senior District Court Judge; and

whereas, Judge Beko’s son, Tom, and daughter, Victoria, followed in their father’s footsteps by becoming attorneys, an accomplishment of which the Judge was extremely proud; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2957 (FILE NUMBER 90, SCR 42)ê

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature offer their sincere condolences to the family and friends of District Court Judge William Beko; and be it further

resolved, That District Court Judge William Beko’s patience and compassion in the courtroom will long be remembered by those persons associated with him; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Judge Beko’s widow, Dorothy, son, Tom, and daughter, Victoria.

________

FILE NUMBER 91, SJR 14

Senate Joint Resolution No. 14–Senators James, Augustine, Jacobsen, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, Porter, Raggio, Regan, Shaffer, Townsend and Washington

FILE NUMBER 91

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to authorize the legislature to provide for the abatement of taxes on property used in a manner that conserves water.

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2958 (FILE NUMBER 91, SJR 14)ê

be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.

5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.

6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.

7. No inheritance tax shall ever be levied.

8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.

9. The legislature may by law provide for the abatement of taxes on property used, in whole or in part, in a manner that conserves water.

10. 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.

________

FILE NUMBER 92, SCR 44

Senate Concurrent Resolution No. 44–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 92

SENATE CONCURRENT RESOLUTION–Memorializing former Assemblyman Frank E. “Pete” Walters.

whereas, The members of the Nevada Legislature note with profound sorrow the passing of former Assemblyman Frank E. “Pete” Walters; and

whereas, Frank Edward Walters was born in Goldfield, Nevada, on February 22, 1911, and moved to Reno when he was 11 years old; and

whereas, Frank Walters was nicknamed “Pete” in the sixth grade when his class reenacted a western movie in which he played the part of “Pete,” a name which stuck with him for his entire life; and

whereas, After graduation from Reno High School in 1929, and 2 years of study at the University of Nevada, Pete Walters accepted a job as a clerk at the Golden and Riverside hotels in Reno; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2959 (FILE NUMBER 92, SCR 44)ê

whereas, Pete Walters moved to Elko in 1936 to become manager of Newt Crumley’s Commercial Hotel and continued working in the hotel industry for the next 10 years; and

whereas, Pete Walters was elected to serve as the Assemblyman from Elko County and served the State of Nevada in this capacity during the 1951 and 1953 regular legislative sessions and the 1954 special session; and

whereas, Pete Walters returned to Reno in 1954 and was the Director of the state office of the Federal Housing Administration for 5 years; and

whereas, Pete Walters was one of the first members of the Nevada Gaming Commission, a position he held for nearly 8 years before becoming a member, and later chairman, of the Regional Planning Commission during the years from 1969 to 1973; and

whereas, Pete Walters opened his own insurance and real estate business in Reno, Pete Walters Inc., and was named Realtor of the Year in 1968; and

whereas, Pete Walters was active in civic and community organizations and served as President of the Nevada Hotel Association, Nevada Insurance Agents Association, Nevada Real Estate Association, Reno Board of Realtors, Reno Better Business Bureau, Reno Cancer Society, Reno Executives Club, Reno Rotary Club and Nevada Area Council of Boy Scouts of America, Vice President of Citizens for Private Enterprise, Division Chairman for United Way, District Governor of Lions International and Chairman of two Chamber of Commerce committees; and

whereas, Because of his leadership ability and the outstanding contributions he made to his community, the Greater Reno-Sparks Chamber of Commerce presented Pete Walters with the Raymond I. Smith “Civic Leader of the Year” award in 1980; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature extend their heartfelt sympathy to Frank E. “Pete” Walter’s many friends and to his widow, Constance, his sons, David and Warren, and his two grandchildren and one great-grandchild; and be it further

resolved, That Pete Walters will long be remembered for his public service that he gave so willingly, setting a precedent for others to follow; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Constance Walters.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2960ê

FILE NUMBER 93, SCR 45

Senate Concurrent Resolution No. 45–Senators Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 93

SENATE CONCURRENT RESOLUTION–Condemning the bombing of the United States Forest Service office in Carson City.

whereas, Residents of the small community of Carson City, nestled in the peaceful Eagle Valley with its picturesque view of the Sierra Nevada to the west, were outraged to learn of the recent bombing of the United States Forest Service office located within its boundaries; and

whereas, The fact that no one was injured in this senseless act of violence did not reduce the feelings of shock and fear expressed by employees of the Forest Service; and

whereas, Such actions are reprehensible and demonstrate a complete unwillingness by the perpetrator to live in a democratic society and abide by the laws which have been created for the safety of all persons; and

whereas, The citizens of the State of Nevada and the United States of America abhor the use of violence for any reason and will not tolerate such behavior in any town or city within this great state; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature hereby condemn the violent, senseless and destructive behavior of bombing the United States Forest Service office in Carson City; and be it further

resolved, That this legislative body supports all efforts to capture the persons involved in this intolerable act of violence.

________

FILE NUMBER 94, AR 11

Assembly Resolution No. 11–Committee on Elections and Procedures

FILE NUMBER 94

ASSEMBLY RESOLUTION–Commending the loved ones of the members of the Assembly for their support.

whereas, The spouses, families and “significant others” of members of the Assembly often make sacrifices equal to or even greater than those made by the members themselves so that their loved ones can serve the people of the State of Nevada; and

whereas, These supportive persons often campaigned tirelessly before elections, sacrificing time, finances and privacy to help to improve this state; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2961 (FILE NUMBER 94, AR 11)ê

whereas, Frequently, they must bear the greater responsibility for child rearing, homemaking and income production while the members of the Assembly are serving during a legislative session; and

whereas, Many members of the Assembly must accept a reduction in pay while they serve and this often requires family members to make financial sacrifices; and

whereas, The spouses, families and “significant others” endure periods of loneliness and loss of companionship during a legislative session and often are forced to move or change jobs while members of the Assembly are serving this state; and

whereas, The majority of these persons have been or are currently involved in service to the state and their communities in their own right; and

whereas, They have constantly offered their support, love and loyalty to the members of the Assembly and they seldom have received the accolades and recognition they so richly deserved; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the 68th session of the Nevada Assembly extend their feelings of deepest love, highest honor and sincerest appreciation to their spouses, families and “significant others” who have given so much and requested so little, including, but not limited to, Cherryl Allard, Clyda Hooper Anderson, Carol Arberry, Sallie S. Bache, Elisabeth Batten, Connie Bennett, James Braunlin, John Brower, Roseann Carpenter, Elmer Chowning, Gaye Close, Lyle de Braga, Jeanne Dini, Bob and Nancy Ernaut, Rob and Tracey Evans, Joan Fettic, Richard Freeman, David and Mary Goldwater, Gary Gray, Diane Ellen Harrington, Arla Hettrick, Virginia Humke, Stefan Ivanov, Chan Kendrick, Richard Krenzer, Gregory Lambert, Mike A. and Marie A. Manendo, Willie Marvel, Walt Monaghan, Betsy Neighbors, Kim Nolan, Terri Jo Perkins, Maria Pintos, Nancy Price, Kathleen Sandoval, Candy Schneider, Cliff Segerblom, Gaylan Stroth, Ross Tonkens and Zelda Williams; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to those persons or, if appropriate, in memory of those persons in acknowledgment of their support.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2962ê

FILE NUMBER 95, ACR 41

Assembly Concurrent Resolution No. 41–Assemblymen Williams, Arberry, Freeman, Manendo, Harrington, Spitler, Krenzer, Nolan, de Braga, Segerblom, Neighbors, Bennett, Braunlin, Goldwater, Fettic, Steel, Schneider, Ohrenschall, Price, Batten, Carpenter, Perkins, Bache, Chowning, Giunchigliani, Anderson, Monaghan, Evans, Brower, Buckley, Sandoval, Tiffany, Marvel, Lambert, Tripple, Humke, Dini, Hettrick, Ernaut and Close

FILE NUMBER 95

ASSEMBLY CONCURRENT RESOLUTION–Memorializing veteran educator from Clark County, H.P. Fitzgerald.

whereas, It is with great sorrow that the members of this legislative body learned of the passing of H.P. Fitzgerald on December 28, 1994; and

whereas, Huedillard Paris Fitzgerald was a native Virginian who settled in West Las Vegas in the 1940’s; and

whereas, H.P. Fitzgerald received the bronze star medal for his service to his country during World War II; and

whereas, After the war, he obtained his Bachelor’s Degree from Virginia State University in Petersburg, Virginia, and continued his education by earning his Master’s Degree at the University of Nevada, Reno, becoming the first black man to graduate from the University of Nevada; and

whereas, H.P. Fitzgerald was hired by the Clark County School District in 1947 as a teacher of vocational classes at Westside School and later he served as principal of the Carson and Mackey schools; and

whereas, H.P. Fitzgerald distinguished himself among educators in this state and after a 25-year career with the Clark County School District, the first school to be built in West Las Vegas in 27 years was named after him in honor of his contributions to education and the community; and

whereas, H.P. Fitzgerald was very proud of the H.P. Fitzgerald Elementary School which is referred to as a “Community Concepts School” because it is designed to reflect the suggestions of the residents of the community; and

whereas, Throughout his life, H.P. Fitzgerald loved, counseled and guided pupils in their pursuit of knowledge and after retirement he continued to visit classrooms and tell stories to school children until the last few months of his life; and

whereas, H.P. Fitzgerald’s pride in his community was expressed through his membership in numerous civic and state organizations as a member of the Economic Opportunity Board, the Greater Las Vegas Chamber of Commerce, Clark County School Integration Committee, Opportunity Village, Job Corps and the National Association for the Advancement of Colored People; and

whereas, Huedillard Paris Fitzgerald is survived by his loving wife, Virgie, son, Ronald of Las Vegas, brothers, Preston of Washington, Henry of Port Charlotte, Florida, and James of Martinsville, Virginia, sister, Marie Knowles of New York and seven grandchildren; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th Session of the Nevada Legislature mourn the loss of a respected, gentle and compassionate Nevada citizen and offer their heartfelt sympathy to the family of Huedillard Paris Fitzgerald; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2963 (FILE NUMBER 95, ACR 41)ê

offer their heartfelt sympathy to the family of Huedillard Paris Fitzgerald; and be it further

resolved, That H.P. Fitzgerald set a standard for learning and gave so much to the residents of West Las Vegas that they will forever be indebted and grateful; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to H.P. Fitzgerald’s beloved wife, Virgie, and to the children of the H.P. Fitzgerald Elementary School.

________

FILE NUMBER 96, SCR 43

Senate Concurrent Resolution No. 43–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 96

SENATE CONCURRENT RESOLUTION–Memorializing Las Vegas community leader and philanthropist James Cashman III.

whereas, It is with great sorrow that members of the Nevada Legislature learned of the untimely death of Las Vegas community leader and philanthropist James Cashman III; and

whereas, James Cashman III was born on April 29, 1949, in Las Vegas, to Mary and James Cashman Jr.; and

whereas, After graduating from Santa Clara University in 1971, he entered business with his father and in 1976 he replaced his father as President of Cashman Equipment Company and became the Caterpillar Tractor dealer for the State of Nevada and several counties in California and that same year, he became Vice President of the family’s third-generation car dealership, Cashman Cadillac Inc.; and

whereas, James Cashman III was well known for his involvement in civic activities including serving as a member of the Board of Directors of Nevada Power, Frontier Savings Association, Humana Sunrise Hospital, United Way of Southern Nevada and Circus Circus Enterprises and as a member of the board of trustees of the UNLV Foundation; and

whereas, James Cashman III served as the President of Big Brothers of Southern Nevada, the Director of the Rotary Club and Vice President of the Boulder Dam Area Council of the Boy Scouts of America; and

whereas, James Cashman III served as president of the Nevada Development Authority, and in 1992 was appointed by Governor Bob Miller to serve on the Commission on Economic Development; and

whereas, James Cashman III is survived by his wife, Mary Kaye, son, James, daughters, Jennifer and Marguerite, “Maggie,” mother and father, Mary and James Cashman Jr., brother, Tim and sisters, Rhonda Evans and Leah Benjamin; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2964 (FILE NUMBER 96, SCR 43)ê

whereas, James Cashman III was admired by many, loved by his friends, and will be missed by those whose lives he touched in so many ways; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature express their sincere gratitude for the life of public service in Nevada of James Cashman III and convey their admiration and condolences to the family of James Cashman III; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mary Kaye, the loving wife of James Cashman III.

________

FILE NUMBER 97, AJR 17

Assembly Joint Resolution No. 17–Assemblymen Neighbors, de Braga, Segerblom, Ernaut, Hettrick and Marvel

FILE NUMBER 97

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to allow the legislature to designate places in the county other than the county seat for holding terms of the district court.

resolved by the assembly and senate of the state of nevada, jointly, That section 7 of article 6 of the constitution of the State of Nevada be amended to read as follows:

Sec. 7. The times of holding the Supreme Court and District Courts shall be as fixed by law. The terms of the Supreme Court shall be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the 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.] unless the Legislature otherwise provides by law.

________

FILE NUMBER 98, SJR 6

Senate Joint Resolution No. 6–Committee on Natural Resources

FILE NUMBER 98

SENATE JOINT RESOLUTION–Expressing the support of the Nevada Legislature for the activities and operations of all mining industries in this state and expressing its support for reasonable and progressive reforms of existing federal laws governing mining.

whereas, The exploration and development of mineral resources in the United States has provided a significant benefit to the residents of the United States; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2965 (FILE NUMBER 98, SJR 6)ê

whereas, The mining industry in the United States provides steady, high-paying jobs for thousands of Americans, and through its operations pays millions of dollars in taxes; and

whereas, The mining industry in the State of Nevada makes significant contributions to the strength of the economy of this state; and

whereas, The basic tenets of the General Mining Law of 1872, 30 U.S.C. §§ 22 et seq., continue to be of critical importance in encouraging the development of hard rock minerals; and

whereas, Under existing laws and regulations, the various regulatory agencies of the Federal Government and of the several states have substantial authority to control and monitor effectively the impact of mining and mining exploration; and

whereas, States located in the western United States have enacted comprehensive regulatory programs, enforced in conjunction with federal agencies for land management, which set forth the criteria for issuing permits to, and the exploration, development and reclamation of, mining operations and which contain provisions for the protection of surface and ground water, the designation of uses of land after mining operations are completed, the availability of financial resources and public notice and review of decisions made concerning mining operations; and

whereas, A bill has been introduced in the Senate of the United States, S. 506, which proposes to reform extensively the laws governing mining in the United States in a manner that would protect the valuable mining industry; and

whereas, S. 506 is a bipartisan bill which is supported by the entire Nevada Congressional Delegation; and

whereas, If enacted, S. 506 would raise millions of dollars for the treasury of the United States, require mining operations to comply with all applicable federal and state environmental laws and standards for reclamation, establish a program for abandoned mines, abolish the moratorium currently imposed on the issuance of patents and require the Secretary of the Interior to resume the processing of pending applications for patents; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby expresses its support for the activities and operations of all mining industries in Nevada; and be it further

resolved, That the Nevada Legislature hereby expresses its support for the provisions of S. 506 which reasonably and progressively reform the existing federal laws governing mining; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as 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.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2966ê

FILE NUMBER 99, AJR 14

Assembly Joint Resolution No. 14–Assemblymen Dini, Bache, Manendo, Spitler, Krenzer, Chowning, de Braga, Giunchigliani, Neighbors, Price, Perkins, Marvel, Hettrick, Monaghan, Close and Segerblom

FILE NUMBER 99

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to remove the Lieutenant Governor from the position of President of the Senate, and to abolish the additional expense allowance paid to the Speaker of the Assembly and President of the Senate.

resolved by the assembly and senate of the state of nevada, jointly, That sections 6 and 33 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:

[Sec:] Sec. 6. Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers , [(except the President of the Senate),] determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.

[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member . [; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.]

And be it further

resolved, That section 17 of article 5 of the constitution of the State of Nevada be amended to read as follows:

[Sec:] Sec. 17. A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor and his term of Office, and his eligibility, shall also be the same. [He shall be President of the Senate, but shall only have a casting vote therein.] If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President [pro-tempore] of the Senate shall act as Governor until the vacancy [be] is filled or the disability [cease.]

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2967 (FILE NUMBER 99, AJR 14)ê

resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President [pro-tempore] of the Senate shall act as Governor until the vacancy [be] is filled or the disability [cease.] ceases.

________

FILE NUMBER 100, SCR 11

Senate Concurrent Resolution No. 11–Committee on Government Affairs

FILE NUMBER 100

SENATE CONCURRENT RESOLUTION–Urging the increased development of solar energy in this state.

whereas, Scientific reports indicate that if the use of energy from the burning of fossil fuels continues to increase, the climate of the earth may be irreversibly and detrimentally altered and air quality may be significantly decreased; and

whereas, The effects of such an alteration in the earth’s climate may include not only significantly higher temperatures, but also a greater number of severe storms, droughts, floods and a higher frequency of abnormal weather patterns; and

whereas, The use of solar energy will not contribute to the decline of air quality or to the overall destruction of the stability of the earth’s climate; and

whereas, It has been estimated that a 100-square-mile plot of land in southern Nevada could serve the solar energy needs of the entire United States; and

whereas, Substantial economic benefits would accrue to the State of Nevada if it capitalizes on its opportunity to export solar energy and related technologies throughout the United States and the world; and

whereas, Japan and other countries are also interested in capitalizing on their resources to provide solar energy and related technologies throughout the world and are striving to become the dominant producers of solar energy in the world; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That all agencies in the executive department of state government are hereby urged to work with the United States Department of Energy and other federal offices to coordinate efforts to pursue the construction of a demonstration facility for solar energy and the creation of a strategic plan for the development of solar energy in southern Nevada; and be it further

resolved, That the Nevada Legislature hereby declares its support for all efforts to develop a solar-power enterprise zone in southern Nevada and specifically the efforts to convert the Nevada Test Site into a solar-energy research and development site; and be it further

resolved, That the Nevada Legislature hereby declares its intention that the State of Nevada increase the rate at which it develops solar-power resources and produces solar power so that it can capitalize on its opportunity to become the nation’s leader in the solar-technology industry; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2968 (FILE NUMBER 100, SCR 11)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Secretary of the United States Department of Energy, the Governor, the Director of the Department of Administration, the Chairman of the Commission on Economic Development, the Director of the Department of Business and Industry, the Chairman of the Public Service Commission of Nevada, the Director of the Department of Employment, Training and Rehabilitation, the Director of the State Department of Conservation and Natural Resources, the Director of the Department of Transportation, the Chairman of the Colorado River Commission and the Chairman of the Board of Regents of the University of Nevada.

________

FILE NUMBER 101, SCR 46

Senate Concurrent Resolution No. 46–Senators Jacobsen, Adler, Augustine, Coffin, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 101

SENATE CONCURRENT RESOLUTION–Memorializing former Secretary of State, John Koontz.

whereas, The members of this legislative body note with sorrow and regret the passing of former Secretary of State and native Nevadan, John Koontz; and

whereas, John Koontz was born on October 19, 1906, in Goldfield, Nevada, to Louis Kossuth and Ada Mae Koontz; and

whereas, Surrounded by the mining industry and a father who had moved from Pennsylvania to seek his fortune in mining in Goldfield, John’s early life included working in the mines, experiencing life as a cow puncher and working as a grocery store clerk; and

whereas, John Koontz entered public service in 1934 when he was elected County Recorder of Esmeralda County; and

whereas, After two terms as County Recorder, he enlisted in the Army where he served during World War II until an injury led to his discharge; and

whereas, Upon his return to Nevada, then Governor E.R. “Ted” Carville appointed John Koontz chief deputy bank examiner and deputy state auditor and he and his wife Margaret moved to Carson City; and

whereas, In 1946, John Koontz was elected Secretary of State and for the next 26 years he served as Secretary of State under the administrations of governors Vail M. Pittman, Charles H. Russell, Grant Sawyer, Paul D. Laxalt and D.N. “Mike” O’Callaghan; and

whereas, John Koontz was a long-time member and president in 1958 of the National Secretaries of State Association; and

whereas, As Secretary of State, John Koontz, with the help of Las Vegas journalist John Cahlan, convinced the Nevada Legislature to appropriate money to create the Nevada State Archives, after finding historical ledgers stored on a dirt floor in the basement of the State Capitol building; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2969 (FILE NUMBER 101, SCR 46)ê

whereas, John Koontz was honored by the Nevada State Library and Archives on February 23, 1995, with the dedication of the Koontz-Cahlan Research Room at the Nevada State Library and Archives; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to John Koontz’ wife of 54 years, Margaret Koontz, and to his family and friends; and be it further

resolved, That John Koontz will long be remembered for his public service as Secretary of State and for his determination to provide this state with an appropriate building to house the historical archives of the State of Nevada; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Margaret Koontz.

________

FILE NUMBER 102, ACR 24

Assembly Concurrent Resolution No. 24–Committee on Ways and Means

FILE NUMBER 102

ASSEMBLY CONCURRENT RESOLUTION–Directing the adjustment of sums of money from the issuance of certain state general obligation bonds previously authorized for expenditure for certain purposes related to the protection and preservation of natural resources.

whereas, Section 1 of chapter 785, Statutes of Nevada 1989, at page 1864, authorizes the issuance of general obligation bonds of the state for the purposes of protecting, preserving and obtaining the benefits of natural resources; and

whereas, Section 2 of chapter 785, Statutes of Nevada 1989, at page 1864, provides that certain sums of money from the issuance of the general obligation bonds must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources and to the Department of Wildlife, now known as the Division of Wildlife of the State Department of Conservation and Natural Resources, for carrying out such purposes; and

whereas, Section 3 of chapter 785, Statutes of Nevada 1989, at page 1865, as amended by chapter 83, Statutes of Nevada 1991, at page 148, provides that if the Legislature is in regular or special session, the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources and the Director of the Department of Wildlife, now referred to as the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources, must obtain the approval and direction of the Legislature before either of those persons may expend money in addition to those amounts previously authorized for the acquisition and development of real or personal property, interests in real or personal property or a combination thereof; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2970 (FILE NUMBER 102, ACR 24)ê

whereas, The Administrator of the Division of State Parks and the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources have requested the approval and direction of the 68th session of the Legislature to adjust the sums of money which were allocated to the Division of State Parks and to the Department of Wildlife from the issuance of the general obligation bonds and which were previously authorized by the Interim Finance Committee for expenditure; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the sums of money which were allocated to the Division of State Parks of the State Department of Conservation and Natural Resources from the issuance of general obligation bonds pursuant to chapter 785, Statutes of Nevada 1989, and which were previously authorized by the Interim Finance Committee for expenditure for purposes related to certain parks in this state, be adjusted as follows:

1. Reduce the sum of money authorized for the acquisition of real or personal property or interests in real or personal property by $42,913;

2. Reduce the sum of money authorized for the Valley of Fire State Park by $30;

3. Reduce the sum of money authorized for the South Fork State Recreation Area by $50,769;

4. Reduce the sum of money authorized for the Washoe Lake State Park by $28,213;

5. Reduce the sum of money authorized for the Ward Charcoal Ovens State Historic Park by $31,990;

6. Increase the sum of money authorized for the Kershaw Canyon-Ryan State Park by $12,950;

7. Increase the sum of money authorized for the Spring Mountain Ranch State Park by $3,611;

8. Increase the sum of money authorized for the Big Bend of the Colorado State Recreation Area by $1,324;

9. Increase the sum of money authorized for the Floyd R. Lamb State Park by $6,842; and

10. Increase the sum of money authorized for the Cathedral Gorge State Park by $129,188;

and be it further

resolved, That the sums of money which were allocated to the Department of Wildlife from the issuance of general obligation bonds pursuant to chapter 785, Statutes of Nevada 1989, and which were previously authorized by the Interim Finance Committee for expenditure for purposes related to the development of facilities or the improvement of existing fish and wildlife habitats in this state, be adjusted as follows:

1. Reduce the sum of money authorized for the development of the North Pond Dike at Mason Valley by $50,500; and

2. Increase the sum of money authorized for the Cold Spring Reservoir by $50,500;

and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2971 (FILE NUMBER 102, ACR 24)ê

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Administrator of the Division of State Parks and the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.

________

FILE NUMBER 103, AJR 12

Assembly Joint Resolution No. 12–Assemblyman Bennett

FILE NUMBER 103

ASSEMBLY JOINT RESOLUTION–Proposing to amend the Nevada constitution to prohibit an exemption for elected public officers from laws applicable to the general public.

resolved by the assembly and senate of the state of nevada, jointly, That a new section be added to article 4 of the constitution of the State of Nevada, to read as follows:

Sec. 38. 1. The legislature shall not enact any law or provision of law exempting any elected public officer from the provisions of a law otherwise applicable to all members of the general public.

2. This section applies prospectively from the date of enactment and does not invalidate any provision of law enacted before that date nor limit any further amendment of any such law, except that no new exemption may be amended into an existing law.

________

FILE NUMBER 104, SJR 3

Senate Joint Resolution No. 3–Senators Raggio, O’Connell, Augustine, Jacobsen, James, Lowden, Mathews, McGinness, Neal, O’Donnell, Porter, Regan, Townsend and Washington

FILE NUMBER 104

SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to commence each regular session of the legislature in February, to limit the length of each regular session and to require the governor to submit a proposed executive budget before the commencement of each regular session.

resolved by the senate and assembly of the state of nevada, jointly, That section 2 of article 4 of the constitution of the State of Nevada be amended to read as follows:

Sec. 2. 1. The sessions of the Legislature shall be biennial, and shall commence on the [3rd] 1st Monday of [January next ensuing] February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.

2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2972 (FILE NUMBER 104, SJR 3)ê

on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

3. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.

And be it further

resolved, That section 12 of article 17 of the constitution of the State of Nevada be amended to read as follows:

Sec: 12. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially . [, commencing on the first Monday of January.]

________

Senate Joint Resolution No. 23 of the 67th Session–Senator O’Connell

FILE NUMBER 105

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;

(c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2973ê

FILE NUMBER 106, SCR 47

Senate Concurrent Resolution No. 47–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 106

SENATE CONCURRENT RESOLUTION–Memorializing the former Chief Justice of the Nevada Supreme Court, Gordon R. Thompson.

whereas, The members of the 68th session of the Nevada Legislature were saddened to learn of the passing of former Chief Justice of the Nevada Supreme Court, Gordon R. Thompson on February 4, 1995; and

whereas, Gordon Thompson was a lifelong resident of Reno, born on March 2, 1918, to Reuben C. and Mabel M. Thompson; and

whereas, Gordon Thompson graduated from Reno High School in 1936, from the University of Nevada in 1940 and from Stanford Law School in 1943; and

whereas, Governor Grant Sawyer appointed Gordon Thompson, when he was only 42 years old, to the Nevada Supreme Court in 1961, making him the youngest person ever appointed to a state supreme court at that time; and

whereas, Judge Thompson served as Chief Justice of the Nevada Supreme Court for several terms, winning reelection three times and retiring in 1980, and subsequently taught law for 2 years at the Old College School of Law in Reno; and

whereas, While serving on the Nevada Supreme Court, Judge Thompson was considered by all those who worked with him to be one of the most intellectual and highly respected members of the Court; and

whereas, Judge Thompson is survived by his wife, Kathleen M. Thompson, and daughters, Mada T. Morse and Marie T. Matlin; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature extends its heartfelt sympathy to the family of Judge Thompson; and be it further

resolved, That Judge Thompson will long be remembered as one of Nevada’s outstanding jurists who, along with being admired for his astute knowledge of Nevada law, was a man recognized for his integrity, honesty and fairness; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Judge Gordon R. Thompson’s widow, Kathleen M. Thompson.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2974ê

FILE NUMBER 107, SCR 48

Senate Concurrent Resolution No. 48–Senators Washington, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus and Townsend

FILE NUMBER 107

SENATE CONCURRENT RESOLUTION–Memorializing Sparks Police Officer Larry D. Johnson.

whereas, The members of the Nevada Legislature were deeply grieved to learn of the untimely death of Sparks Police Officer Larry D. Johnson; and

whereas, Larry D. Johnson was born on June 7, 1950, in Natche, Louisiana, to Walter Louis and Gussy Johnson; and

whereas, Larry Johnson had been a resident of the Reno/Sparks area for the past 16 years; and

whereas, Larry Johnson had served the City of Sparks and its residents with faithfulness and dedication since September 1981, when he joined the Sparks Police Reserves; and

whereas, On February 6, 1984, through hard work and determination, Officer Johnson attained his dream of becoming a regular police officer with the Sparks Police Department and from that time forward continued to give of himself in loyal and steadfast service to the residents of Sparks and to his fellow officers; and

whereas, Officer Johnson remained loyal to the Sparks Police Reserves and served in an advisory capacity, encouraging the members and contributing to the organization he loved so much; and

whereas, Larry Johnson was the loving and devoted father of two children, Michael Johnson, age 10, and Michelle Johnson, age 18, and was a caring son to his father Walter Louis Johnson; and

whereas, Larry Johnson and his former wife Patricia remained dear friends and together shouldered the responsibilities of parenting their children; and

whereas, On the night of May 22, 1995, at 10:20 p.m., while assisting in an attempt to apprehend an armed robber who had fired upon a fellow officer, Sparks Police Officer Larry D. Johnson was killed in the line of duty, laying down his life with honor as he had lived it, defending his family, fellow officers and residents of the City of Sparks whom he had sworn to protect and serve; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature hereby express their deepest sorrow and regret to Officer Larry D. Johnson’s family, friends and fellow officers, and hereby memorialize his love of his fellow officers and his ultimate devotion to duty which led him to make the supreme sacrifice by giving his life for those whom he loved and served with bravery, honor, loyalty and steadfast devotion; and be it further

resolved, That when this body adjourns today it do so in the memory of Sparks Police Officer Larry D. Johnson, who so desperately wanted to make our state a better place to live; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2975 (FILE NUMBER 107, SCR 48)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Larry Johnson’s former wife, Patricia Johnson and to his children, Michelle and Michael.

________

FILE NUMBER 108, ACR 44

Assembly Concurrent Resolution No. 44–Assemblymen Anderson, Allard, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 108

ASSEMBLY CONCURRENT RESOLUTION–Commending the Communications Workers of America Local 9413 for their public service at the Veterans Administration Medical Center in Reno.

whereas, A campaign is underway in Northern Nevada to make the Veterans Administration Medical Center in Reno part of a nationwide project called “PT Phone Home”; and

whereas, The goal of the PT (patient) Phone Home project is to make bedside telephone communications available to all hospitalized veterans throughout the nation’s 170 Veterans Administration medical centers; and

whereas, The PT Phone Home project was conceived by Frank Dosio, Vietnam Veteran and member of the Communications Workers of America in 1990, and because of Frank’s determination and compassion for the needs of veterans confined to veterans hospitals, 51 Veterans Administration medical centers have been assisted by this project; and

whereas, After hearing about the success of this project, the Communications Workers of America Local 9413 contacted Valerie Springer, Staff Associate in External Affairs for Nevada Bell and asked her to chair a committee which would organize and coordinate the installation of a PT Phone Home system in the Veterans Administration Medical Center in Reno; and

whereas, Valerie Springer graciously accepted this responsibility and with the help of Barbara Welling, Treasurer of the Communications Workers of America Local 9413 and the joint efforts of local labor organizations, veterans service organizations and communications corporations, the PT Phone Home project is about to become a reality for the Reno facility; and

whereas, The project could not have been successful without donations from Nevada Bell for the internal circuitry, Telephone Pioneers of the Silver State Chapter 101 for 10 new trunk lines, Vodavi Communications Systems of Scottsdale, Arizona, for telephone sets, along with contributions from the Nevada State AFL-CIO, Markone Video, Washoe County Teachers Association, Disabled American Veterans and Disabled American Veterans Auxiliary, Sheet Metal Workers International Association Local 88, Sheet Metal Workers Union Local 26, Culinary Workers Union Local 226, AT&T employees and Consumer Sales Division, Laborers Union Local 169, Painters and Allied Trades Union Local No.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2976 (FILE NUMBER 108, ACR 44)ê

Workers Union Local 26, Culinary Workers Union Local 226, AT&T employees and Consumer Sales Division, Laborers Union Local 169, Painters and Allied Trades Union Local No. 567, Operating Engineers Local 3 of the International Union of Operating Engineers from California, B.P.O.E. Elks, International Union of Bricklayers and Allied Craftsmen Local 1, Building and Construction Trades Council of Northern Nevada, United Auto Workers Local 2162, Northern Nevada Central Labor Council, National Association of Letter Carriers Branch 2502 from Las Vegas, Ladies Auxiliary to the Veterans of Foreign Wars Post 3677, HITEC Corporation International, Kathy Elliott and Sherlane Skinner, plus thousands of man-hours of volunteer labor contributed by local technicians and engineers; and

whereas, In June 1995, Frank Dosio will attend the dedication ceremony in Reno, and plans are underway to celebrate the successful completion of the PT Phone Home project with a call to one of the patients in the Veterans Administration Medical Center from an astronaut on the NASA space shuttle following its upcoming launch on Memorial Day; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature do hereby commend the Communications Workers of America Local 9413 for their dedication and determination to make the PT Phone Home project a reality for the Veterans Administration Medical Center in Reno; and be it further

resolved, That this legislative body expresses its appreciation to Valerie Springer, Barbara Welling and the numerous volunteers who donated their time to help install the PT Phone Home project; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Craig Hansen, President, and John Doran, Vice President, of the Communications Workers of America Local 9413.

________

FILE NUMBER 109, AJR 29

Assembly Joint Resolution No. 29–Assemblyman Hettrick

FILE NUMBER 109

ASSEMBLY JOINT RESOLUTION–Encouraging the cooperation of the State of Nevada, the State of California and the Federal Government to achieve the extension of the existing systems and facilities for nonmotorized transportation completely around Lake Tahoe.

whereas, The Tahoe Regional Planning Compact created the Tahoe Regional Planning Agency; and

whereas, The Tahoe Regional Planning Agency is responsible for establishing environmental threshold carrying capacities for the Lake Tahoe Region; and

whereas, The establishment of such capacities includes the establishment of environmental standards necessary to maintain the significant scenic, recreational and natural values of, and the public health within, the Lake Tahoe Region, and the establishment of standards for air and water quality; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2977 (FILE NUMBER 109, AJR 29)ê

whereas, Providing systems and facilities for nonmotorized transportation that allow bicyclists and pedestrians to travel in the Lake Tahoe Region without an automobile is consistent with the establishment of such capacities; and

whereas, Federal, state and local governments have cooperated to provide such systems and facilities for nonmotorized transportation for approximately one-third of the Lake Tahoe Region; and

whereas, A survey concerning the existing systems and facilities shows the usage of and demand for such systems and facilities to be exceptionally high; and

whereas, The extension of the existing systems and facilities for nonmotorized transportation around Lake Tahoe would enhance the safety of bicyclists and pedestrians, and increase recreational opportunities and enhance economic growth in the Lake Tahoe Region; and

whereas, An enthusiastic partnership of public organizations, private businesses and volunteer groups is eager to assist in the extension of such systems and facilities for nonmotorized transportation around Lake Tahoe; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Department of Transportation of the State of Nevada, the Division of State Parks of the State Department of Conservation and Natural Resources of the State of Nevada, all other state agencies, local governments and special districts of the State of Nevada which are responsible for providing services to any portion of the Lake Tahoe Region, and the United States Forest Service are requested to provide assistance to the Tahoe Regional Planning Agency in the development of a plan to create additional systems and facilities for nonmotorized transportation on the Nevada side of Lake Tahoe which would serve as a part of the extension of the existing systems and facilities for nonmotorized transportation completely around Lake Tahoe; and be it further

resolved, That the Tahoe Regional Planning Agency is requested to pursue the adoption of a similar resolution and concurrent action by the State of California; and be it further

resolved, That the plan to create additional systems and facilities for nonmotorized transportation around Lake Tahoe address the needs of both tourists and commuters; and be it further

resolved, That the plan to create additional systems and facilities for nonmotorized transportation around Lake Tahoe be consistent with the environmental threshold carrying capacities established by the Tahoe Regional Planning Agency; and be it further

resolved, That the State of Nevada, all state agencies, local governments and special districts of the State of Nevada, the State of California and the appropriate agencies of the Federal Government are encouraged to work together to achieve the extension of the existing systems and facilities for nonmotorized transportation completely around Lake Tahoe by the year 2000; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Executive Director of the Tahoe Regional Planning Agency, the Governor of the State of Nevada, the Governor of the State of California, the Director of the Department of Transportation of the State of Nevada, the Director of the California Department of Transportation, the Administrator of the Nevada State Park System and the Chief of the United States Forest Service; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2978 (FILE NUMBER 109, AJR 29)ê

State of California, the Director of the Department of Transportation of the State of Nevada, the Director of the California Department of Transportation, the Administrator of the Nevada State Park System and the Chief of the United States Forest Service; and be it further

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

________

FILE NUMBER 110, AJR 30

Assembly Joint Resolution No. 30–Assemblymen Dini, Hettrick, Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 110

ASSEMBLY JOINT RESOLUTION–Urging Congress to give consideration to readiness of Republic of China on Taiwan for broader participation in international community including United Nations and multilateral trade associations and humanitarian relief organizations.

whereas, The residents of the State of Nevada have enjoyed a sister-state relationship with the residents of the Republic of China on Taiwan for the past 10 years; and

whereas, The commercial interaction with the Republic of China on Taiwan has grown substantially in recent years to the benefit of the State of Nevada; and

whereas, The Republic of China on Taiwan has successfully established a democratic, multiparty political system; and

whereas, Working in a cooperative atmosphere with the United States, the role of the Republic of China on Taiwan in international developmental programs and humanitarian relief operations has expanded significantly during the past decade; and

whereas, Seven Central American countries have proposed to the Secretary General of the United Nations that a supplementary item be included in the provisional agenda of the 48th General Assembly session to consider the exceptional situation of the Republic of China on Taiwan in the international community, based on the principle of universality, and in accordance with the established pattern of parallel representation by divided countries in the United Nations; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That our ongoing commercial relationship with the people of the Republic of China on Taiwan be recognized as serving our mutual interest in an equitable and reciprocal manner; and be it further

resolved, That the contributions of the Republic of China on Taiwan in light of her democratic government and humanitarian service abroad, be accorded appropriate recognition by the residents of the State of Nevada; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2979 (FILE NUMBER 110, AJR 30)ê

accorded appropriate recognition by the residents of the State of Nevada; and be it further

resolved, That the Congress of the United States is hereby urged to give due consideration to the readiness of the people of the Republic of China on Taiwan for its further contributions to broaden participation in the international community, including the United Nations and such forums as multilateral trade associations and humanitarian relief organizations; 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, each member of the Nevada Congressional Delegation and to Director General Jyh-yuan Lo of the Taipei Economic and Cultural Office in San Francisco; and be it further

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

________

FILE NUMBER 111, SCR 49

Senate Concurrent Resolution No. 49–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 111

SENATE CONCURRENT RESOLUTION–Congratulating E. Stanton Warren upon his retirement as a lobbyist for the Nevada Legislature.

whereas, E. Stanton “Stan” Warren has been an active lobbyist diligently pursuing meritorious legislation at the local, state and federal levels since 1963; and

whereas, Stan Warren is a true professional who relishes the role of advocate and legislative historian and has worked tirelessly to represent his clients fairly and honestly for the past 32 years; and

whereas, Stan Warren’s professionalism, forthrightness and low-key demeanor have earned him respect from legislators, staff members and his peers; and

whereas, Whenever Stan Warren turns his attention to something, it is with complete focus and compassion, whether the object of his attention is legislation, community projects, a 1941 classic Chevrolet or his childhood sweetheart and soul mate, Ruthie; and

whereas, It is a well-known fact that Stan Warren fancies himself as a genius at Acey-Duecey and Cribbage, a master at rebuilding classic cars and an experienced barber, resulting from skills he learned during the Korean War when he was not busy rigging parachutes while aboard the U.S.S. Boxer; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2980 (FILE NUMBER 111, SCR 49)ê

whereas, Stan Warren has determined that this will be the last session in which he will wander the halls as a full-time “legislative engineer”; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature hereby congratulate E. Stanton Warren upon his well-deserved retirement and commend him for his dedication, honesty and integrity for the past 32 years as he has performed his duties as a lobbyist with the Nevada Legislature; and be it further

resolved, That Stan Warren’s presence as a “legislative engineer” in the legislative halls will be truly missed (although we can expect him to return to badger legislators the minute any legislation is considered which would threaten classic cars); and be it further

resolved, That all members of this legislative body are pleased that finally Stan Warren will have time to travel with his wife, play with his grandchildren and tinker in his garage; and be it further

resolved, That the members of the Nevada Legislature wish Stan Warren a fond farewell and hope that the future will include many happy days filled with c ear telephone connections, running cars and an abundance of electricity; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to E. Stanton Warren.

________

FILE NUMBER 112, SJR 7

Senate Joint Resolution No. 7–Committee on Natural Resources

FILE NUMBER 112

SENATE JOINT RESOLUTION–Expressing the support of the Nevada Legislature for the ranching and farming industries in this state and urging the Congress of the United States to pass legislation which would prevent the reforms of existing regulations concerning the management of public rangelands adopted by the Secretary of the Interior and establish reasonable provisions relating to the management and administration of the public rangelands of the United States.

whereas, The people of the State of Nevada have a long history of being productive and successful ranchers and farmers; and

whereas, The money received from the production and sale of livestock, crops and other agricultural products contributes millions of dollars each year to the economy of Nevada; and

whereas, Because of Nevada’s arid climate and lack of abundant supplies of water, large amounts of land are required to graze cattle and sheep effectively; and

whereas, Much of the land needed for grazing livestock must be leased under permit from the Federal Government, thereby making many of the ranchers and farmers in Nevada involuntarily dependent upon the Federal Government and its regulations governing the use of the rangelands located on the public lands of the United States; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2981 (FILE NUMBER 112, SJR 7)ê

whereas, The Secretary of the Interior has adopted major reforms to the existing regulations of the Federal Government concerning the management of the rangelands located on the public lands of the United States which will become effective on August 26, 1995; and

whereas, Such proposed reforms are extremely broad and extensive, and seek to impose numerous changes in the administration of the public rangelands which are not necessary or reasonable in order to maintain the public rangelands in a healthy and productive condition;

whereas, A bill has been introduced in the Senate, S. 852 of the 104th Congress, 1st Session (1995), The Livestock Grazing Act of 1995, which would prevent the reforms adopted by the Secretary of the Interior and would establish reasonable provisions relating to the proportional ownership of improvements made on the public rangelands by ranchers in cooperation with the Federal Government, the requirement of compliance with state law relating to water rights, the clarification of the types of violations of federal law relating to the management and administration of the public rangelands which are subject to civil or criminal penalties and other matters relating to the management and administration of the public rangelands of the United States; and

whereas, An identical bill has been introduced in the House of Representatives, H.R. 1713 of the 104th Congress, 1st Session (1995); now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby expresses its support for the ranching and farming industries in Nevada; and be it further

resolved, That the Nevada Legislature opposes any extensive and unreasonable reform of the existing regulations of the Federal Government concerning the management of the public rangelands in Nevada; and be it further

resolved, That the Nevada Legislature hereby urges the Congress of the United States to pass S. 852 or H.R. 1713 of the 104th Congress, 1st Session (1995), The Livestock Grazing Act of 1995, which would prevent the reforms adopted by the Secretary of the Interior concerning the management of the rangelands located on the public land of the United States and establish reasonable provisions relating to the management and administration of the public rangelands of the United States; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Committee on Energy and Natural Resources, the Chairman of the House of Representatives Committee on Natural Resources and each member of the Nevada Congressional Delegation; and be it further

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

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2982ê

FILE NUMBER 113, SCR 53

Senate Concurrent Resolution No. 53–Senators Coffin, Adler, Augustine, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 113

SENATE CONCURRENT RESOLUTION–Honoring the Daughters of Utah Pioneers for their work to preserve the Old Las Vegas Mormon Fort.

whereas, On June 14, 1855, Mormon missionaries arrived at “The Vegas,” of the New Mexico Territory, to establish a mission which would provide a safe way station on the road between the Mormon communities of Great Salt Lake and San Bernardino; and

whereas, That year construction began on the 150-square-foot adobe fort but 3 years later the project was abandoned before its completion; and

whereas, For years thereafter the fort was used for different purposes until 1936 when the Daughters of Utah Pioneers organized in Las Vegas and dedicated a rock monument to the founding of the “Old Fort”; and

whereas, The Elks Lodge No. 1468 bought the “Old Fort” and the surrounding land in 1955; and

whereas, At that time the Daughters of Utah Pioneers, concerned about the preservation of the “Old Fort,” arranged to have a canopy built to protect the adobe remnants; and

whereas, In 1971, after realizing the importance of the Old Las Vegas Mormon Fort, the City of Las Vegas purchased the “Old Fort” and the Daughters of Utah Pioneers obtained a lease to operate and maintain this historical structure; and

whereas, Throughout the years, the Daughters of Utah Pioneers have obtained and donated many authentic pieces of period furniture to furnish one room of the “Old Fort” and in 1972 this historical landmark was entered in the National Register of Historic Places; and

whereas, The State of Nevada purchased the “Old Fort” from the City of Las Vegas in 1991, designating it as the Old Las Vegas Mormon Fort State Historic Park under the administration of the Division of State Parks of the State Department of Conservation and Natural Resources; and

whereas, Archeological studies at the park have uncovered a portion of the original foundation of the fort and planning is underway for a partial reconstruction of the fort showing the various stages of its development; and

whereas, Last year the original rock monument which had been moved and partially destroyed was reassembled and rededicated by the Daughters of Utah Pioneers on the original site; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature hereby commend and express their deepest appreciation to the Daughters of Utah Pioneers for their determination, perseverance and tireless efforts in preserving the Old Las Vegas Mormon Fort as a significant part of Nevada’s history; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2983 (FILE NUMBER 113, SCR 53)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Irene Campbell, President of the Daughters of Utah Pioneers in Clark County.

________

FILE NUMBER 114, AJR 35

Assembly Joint Resolution No. 35–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 114

ASSEMBLY JOINT RESOLUTION–Urging Congress to reduce the paperwork requirements associated with the National Environmental Policy Act.

whereas, The Humboldt National Forest includes approximately 2,500,000 acres in Humboldt County, Elko County, White Pine County, eastern Nye County and Lincoln County; and

whereas, The residents of these counties have a long tradition of ranching and farming, the results of which contribute greatly each year to the economies of these counties and to the State of Nevada; and

whereas, Because of the arid climate and scarcity of water in these areas, large amounts of land are required for grazing, much of which must be leased from the United States Forest Service in the Humboldt National Forest, thereby making many of the ranchers and farmers in these areas dependent on the use of the Humboldt National Forest; and

whereas, Herds of wild horses and elk are in constant competition with domestic animals for the available forage and water; and

whereas, The extensive paperwork requirements of the National Environmental Policy Act and other federal laws further divert resources of the Humboldt National Forest from activities that would directly improve range conditions, promote compliance with grazing permits and lead to the establishment of sustainable conditions; and

whereas, Conservation groups have now initiated litigation against the Chief of the U.S. Forest Service and the Supervisor of the Humboldt National Forest, requesting the federal court to prohibit the U.S. Forest Service from authorizing grazing permits in the Humboldt National Forest until certain alleged violations of the National Environmental Policy Act and other federal laws are resolved; and

whereas, This litigation threatens the livelihoods of farmers and ranchers, polarizes the various users of the public lands, limits constructive dialog directed toward solving actual problems and further diverts resources of the Humboldt National Forest from activities that would directly improve range conditions and promote compliance with grazing permits; and

whereas, The multiple-use concept requires all the various recreational, agricultural, educational and scientific users of the public lands to coexist, cooperate and compromise to their mutual benefit; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature urge the Congress of the United States to support legislation that recognizes and preserves the value of ranching and farming to the economy and to the very fabric of rural communities; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2984 (FILE NUMBER 114, AJR 35)ê

urge the Congress of the United States to support legislation that recognizes and preserves the value of ranching and farming to the economy and to the very fabric of rural communities; and be it further

resolved, That Congress is also urged to support legislation that streamlines the paperwork requirements of federal laws affecting the use of the national forests, such as the National Environmental Policy Act, especially legislation that would make the renewal of grazing permits categorically exempt from the requirements of the National Environmental Policy Act; and be it further

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

________

FILE NUMBER 115, AJR 36

Assembly Joint Resolution No. 36–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 115

ASSEMBLY JOINT RESOLUTION–Urging the resolution of the litigation over the authorization of grazing permits in the Humboldt National Forest.

whereas, The Humboldt National Forest includes approximately 2,500,000 acres in Humboldt County, Elko County, White Pine County, eastern Nye County and Lincoln County; and

whereas, Herds of wild horses and elk are in constant competition with domestic animals for the available forage and water; and

whereas, The Nevada Wildlife Federation, Elko County Conservation Association and National Wildlife Federation have initiated litigation against the U.S. Forest Service, the Chief of the U.S. Forest Service and the Supervisor of the Humboldt National Forest, requesting the federal court to prohibit the U.S. Forest Service from authorizing grazing permits in the Humboldt National Forest until certain alleged violations of federal laws are resolved; and

whereas, This litigation threatens the livelihood of farmers and ranchers who also manage private lands adjacent to the Humboldt National Forest which are important components of the wildlife habitat, especially for the winter habitat; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2985 (FILE NUMBER 115, AJR 36)ê

which are important components of the wildlife habitat, especially for the winter habitat; and

whereas, Such litigation polarizes the various users of the public lands, limits constructive dialog directed toward solving actual problems and diverts resources of the Humboldt National Forest from activities that would directly improve range conditions and promote compliance with grazing permits; and

whereas, There is scientific evidence that a proper level of grazing is essential to maintain plant vigor and growth and to control fire hazards on many range sites and the management practices of the ranching industry have greatly improved range conditions; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature urge the parties involved in and affected by the litigation to cooperate with one another and resolve their differences to bring an end to this ill-conceived, unproductive and polarizing litigation which adversely affects continued multiple-use management; 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 Nevada Wildlife Federation, the President of the Elko County Conservation Association, the President of the National Wildlife Federation, the Supervisor of the Humboldt National Forest, the Chief of the U.S. Forest Service, the Executive Director of the Nevada Cattlemen’s Association, the Executive Vice President of the Nevada Farm Bureau Federation and Service Company and the President of the Nevada Woolgrowers’ Association; and be it further

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

________

FILE NUMBER 116, ACR 12

Assembly Concurrent Resolution No. 12–Assemblyman Bache

FILE NUMBER 116

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Counsel to reorganize and divide the provisions of chapter 616 of NRS.

whereas, Chapter 616 of NRS has grown over the years to accommodate the growth and development of the State Industrial Insurance System and necessary changes to the laws governing industrial insurance; and

whereas, Chapter 616 of NRS currently consists of more than 400 sections; and

whereas, The numerous provisions which apply to employers who are insured by the State Industrial Insurance System do not apply to those employers who are self-insured, and vice versa; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2986 (FILE NUMBER 116, ACR 12)ê

whereas, The rapid growth and changes in the laws governing industrial insurance warrant the reorganization of chapter 616 of NRS and its division into two or more separate chapters; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Counsel is hereby directed to reorganize the provisions of chapter 616 of NRS and to divide those provisions into two or more separate chapters; and be it further

resolved, That the Legislative Counsel complete the reorganization and division of chapter 616 of NRS before the 69th session of the Nevada Legislature convenes; and be it further

resolved, That the Legislative Counsel prepare and present to the 69th session of the Nevada Legislature a report concerning the reorganization and division of chapter 616 of NRS.

________

FILE NUMBER 117, ACR 45

Assembly Concurrent Resolution No. 45–Assemblymen Buckley, Goldwater, Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 117

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Assemblyman and civic leader, George Rudiak.

whereas, On April 8, 1995, the people of Nevada lost a respected and distinguished former Assemblyman with the passing of George Rudiak; and

whereas, George Rudiak was born in the Soviet Union on March 27, 1915, and moved with his parents to the United States when he was 5 years old; and

whereas, George Rudiak grew up in Southern California and after attending the University of California at Los Angeles, he received his law degree from the University of California at Berkeley in 1940; and

whereas, George Rudiak served his country in the United States Army Air Corps before moving to Las Vegas with his wife, Gertrude, in 1946; and

whereas, In 1952, George Rudiak was elected to the Nevada Assembly and served as Chairman of the Assembly Standing Committee on Banks, Corporations and Insurance, as Vice Chairman of the Assembly Standing Committee on Labor and as a member of the Assembly Standing Committee on Judiciary during the 46th session of the Nevada Legislature; and

whereas, While serving in the Legislature, George Rudiak introduced civil rights legislation which lost by only one vote; and

whereas, George Rudiak was an active participant in Nevada’s Democratic party and was honored by being selected as Nevada’s delegate to the Democratic Convention that nominated John Fitzgerald Kennedy; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2987 (FILE NUMBER 117, ACR 45)ê

whereas, George Rudiak was the first Chairman of the Nevada Civil Rights Commission and was also Nevada’s representative to the National Board of the American Civil Liberties Union; and

whereas, In 1988, George Rudiak was named Civil Libertarian of the Year by the Nevada affiliate of the American Civil Liberties Union; and

whereas, As an attorney in private practice, George Rudiak represented organized labor and was always willing to pursue justice when a person’s civil rights were threatened or violated; and

whereas, A devoted family man, George Rudiak is survived by his wife, Gertrude, his daughter, Geri Rentchler, and his four sons, Andrew, David, Richard and Arthur, and eight grandchildren; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature express their deepest sympathy and heartfelt condolences to the family of George Rudiak; and be it further

resolved, That George Rudiak will long be remembered as a man who was a pillar of his community and who fought for and strongly believed in the civil rights of all Americans; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to George Rudiak’s loving wife, Gertrude.

________

FILE NUMBER 118, ACR 47

Assembly Concurrent Resolution No. 47–Assemblymen Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 118

ASSEMBLY CONCURRENT RESOLUTION–Commending native son Grant Bowler for his public service to the State of Nevada.

whereas, Grant M. Bowler was born and raised in Mesquite, Nevada, and will celebrate his 83rd birthday in September; and

whereas Throughout his life, Grant Bowler has demonstrated outstanding leadership skills by serving his fellow man, his community and the State of Nevada; and

whereas, In 1935, after graduation from Brigham Young University, Grant Bowler moved to Logandale, Nevada, where he served as principal of the Logandale Elementary School until 1941 when he continued his education career as the principal of the Moapa Valley High School, serving a total of 35 years until his retirement in 1976; and

whereas, As an educator, Grant Bowler initiated many innovative policies and programs designed to instill within his pupils a strong sense of morals and solid values, self-esteem and an appreciation for the values of education; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2988 (FILE NUMBER 118, ACR 47)ê

morals and solid values, self-esteem and an appreciation for the values of education; and

whereas, Grant Bowler has always been highly respected among his peers and served as charter president of the Nevada Secondary School Principals Association; and

whereas, Grant Bowler helped organize and served for many years as a member of the Board of Directors of the Moapa Valley Water District and he also served for over 25 years as a member of the Town Boards in Moapa Valley; and

whereas, Grant Bowler was active in the Boy Scouts of America as an Eagle Scout and later for many years as a Scoutmaster, receiving the Silver Beaver Award from the Boy Scouts of America in recognition of his years of dedicated service; and

whereas, Grant Bowler has strong religious ties with his church and served for 5 years as Bishop of the Logandale L.D.S. Ward, 19 years as President of the Moapa L.D.S. Stake, 3 years as a Regional Representative of the Quorum of the Twelve, 5 years as President of the St. George Temple and he is currently Stake Patriarch for the Logandale Nevada Stake, a position he has held for the past 14 years; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature do hereby commend Grant Bowler for his public service to his fellow man, his community and the State of Nevada; and be it further

resolved, That the Nevada Legislature recognizes and commends Grant Bowler for a lifetime of selfless endeavors and accomplishments as he continues to seek the best for his community and this state; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Grant M. Bowler.

________

FILE NUMBER 119, SCR 55

Senate Concurrent Resolution No. 55–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 119

SENATE CONCURRENT RESOLUTION–Memorializing Kenneth Buck for his public service to the State of Nevada.

whereas, The members of the Nevada Legislature note with profound sorrow the passing of Kenneth Buck on February 23, 1995; and

whereas, Kenneth Buck was born on December 11, 1907, to James Pinckney and Agnes Thomas Buck in Redlands, California; and

whereas, Kenneth Buck moved to Nevada at an early age and attended schools in Carson City and the University of Nevada, Reno; and

whereas, In 1937, Kenneth Buck was named Deputy Motor Vehicle Commissioner for the State of Nevada; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2989 (FILE NUMBER 119, SCR 55)ê

whereas, When the United States became involved in World War II, Kenneth Buck proudly enlisted in the Army to serve his country; and

whereas, Upon his return to Nevada after his discharge, Kenneth Buck was appointed the Public Relations Officer for the Veterans Administration in Nevada and Public Relations Officer for the Department of Highways of the State of Nevada; and

whereas, In 1949, Kenneth Buck was appointed the Executive Secretary of the Public Employees’ Retirement System in Nevada, a position he held until his retirement in 1970; and

whereas, As a result of his efforts and dedication while serving as Executive Secretary, Kenneth Buck formed a solid foundation for Nevada’s retirement system and created a model for other state retirement systems; and

whereas, Kenneth Buck was actively involved in numerous civic organizations in his community and state, and on a national level, was a founding member of the American Association of Retired Persons and served as the first President of the Retired Public Employees of Nevada; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature express their deepest sympathy and heartfelt condolences to the family of Kenneth Buck; and be it further

resolved, That the residents of the State of Nevada and this country have benefited greatly from the many contributions of Kenneth Buck; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Kenneth Buck’s wife, Norinne, his daughters, Judy Bogich and Keni McKenzie, all of Reno, and his stepson, John D. Mackey, of Kentfield, California.

________

FILE NUMBER 120, AJR 26

Assembly Joint Resolution No. 26–Committee on Government Affairs

FILE NUMBER 120

ASSEMBLY JOINT RESOLUTION–Expressing the vehement opposition of the State of Nevada to storage of radioactive waste in Nevada.

whereas, The recent debates concerning certain resolutions may have been construed by those living outside Nevada as disagreement among Nevadans regarding whether the Federal Government should place an interim or permanent repository or other facility for the storage or transportation of high-level radioactive waste and spent nuclear fuel in Nevada; and

whereas, Throughout the debate there was one principle that never varied and was agreed upon by an overwhelming majority of Nevadans and that principle was Nevada’s forceful and unyielding opposition to the permanent storage of high-level radioactive waste and spent nuclear fuel in Nevada and any amendment of the Nuclear Waste Policy Act which would allow the siting of an interim storage program or monitored retrievable storage program in Nevada; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2990 (FILE NUMBER 120, AJR 26)ê

siting of an interim storage program or monitored retrievable storage program in Nevada; and

whereas, The State of Nevada has studied the economic, social, public health and safety and environmental impacts that are likely to result from the transportation and storage of high-level radioactive waste and spent nuclear fuel and has conclusively determined that transforming this beautiful state into a nuclear waste disposal area would pose a severe threat to the health and safety of the current and future generations of Nevadans and have devastating consequences on the tourist-based economy of the State of Nevada; and

whereas, The environmental wonders of this state, from the rim of the Red Rock Canyon, the dramatic depths of the Lehman Caves, the lush alpine meadows and the clear mountain streams of the Great Basin National Park to the heights of the spectacular Ruby Mountains, through the wondrous Black Rock Desert to the emerald shores of Lake Tahoe Basin, through the plethora of wonderful wilderness areas to the glimmering waters of Lake Mead, are far too special a treasure to be spoiled by high-level radioactive waste and spent nuclear fuel; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby reaffirms its vehement opposition to the permanent storage of high-level radioactive waste in Nevada and its adamant opposition to any amendment of the Nuclear Waste Policy Act which would allow the siting of an interim storage program or monitored retrievable storage program in Nevada; and be it further

resolved, That this Legislature hereby urges the Congress of the United States to take such actions as are necessary to ensure that the current practice of on-site dry cask storage of high-level radioactive waste is continued until such time as the available technology will allow for the recycling and reuse of high-level radioactive waste; and be it further

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

________

FILE NUMBER 121, SJR 12

Senate Joint Resolution No. 12–Committee on Natural Resources

FILE NUMBER 121

SENATE JOINT RESOLUTION–Urging the Federal Government to adhere to the states’ laws governing the use, allocation, management and protection of water.

whereas, Nevada and the other western states of the United States are critically dependent upon present and future water resources for their quality of life and economic base; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2991 (FILE NUMBER 121, SJR 12)ê

whereas, The western states are geographically, hydrologically and economically diverse and distinct from each other and from the eastern states; and

whereas, Nevada has developed and customized a system of water allocation in response to the arid conditions of the state; and

whereas, Water resources in many of the major interstate river basins in the west are apportioned and administered through interstate compacts or court decrees between two or more states; and

whereas, There has been a long-standing policy of deference to the states by the Federal Government in the area of the use, allocation, management and protection of water; and

whereas, Nevada has extensive experience in managing its own water resources, including both surface and ground water supplies, and recognizes the importance of protecting its water resources for present and future beneficial use; and

whereas, The individual water users within the various states have relied upon the law and policies of their respective states to acquire vested water rights and for the protection of those rights; and

whereas, Nevada’s laws governing the use, allocation, management and protection of water provide for public participation and are based upon the public interest; and

whereas, The number of federal agencies involved in some aspect of water policy or management continues to increase, adding duplication, confusion and conflicting policies; and

whereas, Congress is considering several pieces of legislation related to the management of water resources, some of which contain elements that would increase the role of the Federal Government in the administration of water resources and undermine the primacy of the states’ laws governing the use, allocation, management and protection of water; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Federal Government:

1. To recognize that the use, allocation, management and protection of water resources is primarily the responsibility of the states;

2. To recognize the primacy of the states’ laws governing the use, allocation, management and protection of water; and

3. To require all federal agencies to conduct their activities in accordance with the states’ laws governing the use, allocation, management and protection of water;

and be it further

resolved, That the Nevada Legislature urges the United States Department of the Interior, the United States Army Corps of Engineers, the United States Forest Service, the United States Bureau of Land Management, and all other federal agencies to refrain from further efforts to erode the authority now vested in the various states to use, allocate, manage and protect their precious water resources; and be it further

resolved, That, by the adoption of this resolution, the Nevada Legislature does not intend to alter or diminish the special relationship of trust that has been established between the Federal Government and the governing bodies of the Indian tribes in this state; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2992 (FILE NUMBER 121, SJR 12)ê

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Secretary of the Interior, the Chief of Engineers of the United States Army Corps of Engineers, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, the Director of the State Department of Conservation and Natural Resources and each member of the Nevada Congressional Delegation; and be it further

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

________

FILE NUMBER 122, SJR 25

Senate Joint Resolution No. 25–Committee on Natural Resources

FILE NUMBER 122

SENATE JOINT RESOLUTION–Urging the Secretary of Defense and the Secretary of the Interior to make a certain portion of the Tolicha Mining District available for use by the public.

whereas, The western portion of the Tolicha Mining District is located on the western boundary of the Nellis Air Force Range in Nye County, Nevada; and

whereas, Between 1905 and the 1940s, high grade precious metal veins in the western portion of the Tolicha Mining District were developed and mined; and

whereas, Using technology that is now antiquated, the Tolicha Mining District produced a record amount of gold and silver valued at approximately $750,000, based on the value of money during the 1930s; and

whereas, Pursuant to the Military Lands Withdrawal Act of 1986, recent surface and research studies of the Nellis Air Force Range show the possibility of high mineral potential in the western portion of the Tolicha Mining District; and

whereas, Mining technology has changed dramatically over the past 20 years, now providing companies the opportunity to develop mines in areas of low-grade disseminated gold, such as the world-class gold mines near Elko, Nevada; and

whereas, Extensive exploratory drilling, along with other scientific research, is necessary to determine the true mineral value of the Tolicha Mining District; and

whereas, This area was made unavailable to the public in 1951 through Public Land Order No. 712, and the Military Lands Withdrawal Act of 1986 formally withdrew from public domain the Nellis Air Force Range, including the Tolicha Mining District; and

whereas, The Tolicha Mining District has a high potential for precious metal development, and exploratory and mining companies would be interested in exploring this area which has been restricted for many years; and

whereas, The Tolicha Mining District is located a mere 3 to 4 miles inside the western boundary of the Nellis Air Force Range; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2993 (FILE NUMBER 122, SJR 25)ê

whereas, In years gone by, mining was the cornerstone of Nevada’s progressive economy, and the State of Nevada has made economic development and diversification a priority; and

whereas, The development of a major precious metal mine in the area of the Tolicha Mining District would provide positive economic impacts for the State of Nevada and local communities; and

whereas, The State of Nevada encourages the development of our mineral resources; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Secretary of Defense to release to the Department of the Interior the western portion of the Tolicha Mining District consisting of Township 7 South, Range 45 East, Sections 34 and 35 (unsurveyed), and Township 8 South, Range 45 East, Sections 2, 3, 9, 10, 11, 15, 16, 21 and 22 (unsurveyed), Mount Diablo Base and Meridian, a total of approximately 7,040 acres; and be it further

resolved, That this Legislature also hereby urges the Secretary of the Interior to classify any such released land as public domain and open to multiple use, giving exploration and mining companies the opportunity to explore, locate and develop the mineral resources in the western portion of the Tolicha Mining District; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Secretary of Defense and the Secretary of the Interior and to each member of the Nevada Congressional Delegation; and be it further

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

________

FILE NUMBER 123, SJR 11

Senate Joint Resolution No. 11–Committee on Natural Resources

FILE NUMBER 123

SENATE JOINT RESOLUTION–Urging the Congress of the United States to investigate the utility of importing water to Nevada from sources outside Nevada.

whereas, The present demand on the limited supply of water in the State of Nevada is threatening the vitality of the lakes in western Nevada including Pyramid Lake and Walker Lake; and

whereas, Millions of acre-feet of water flow from the rivers of the northwestern United States into the Pacific Ocean each year and are lost to reclamation; and

whereas, The water lost to reclamation could be used beneficially in the State of Nevada to preserve the vitality of the lakes in western Nevada including Pyramid Lake and Walker Lake; and

whereas, The interregional transfer of water is technologically feasible; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2994 (FILE NUMBER 123, SJR 11)ê

resolved by the senate and assembly of the state of nevada, jointly, that the Nevada Legislature urges the Congress of the United States to investigate the utility of importing water to Nevada from sources outside Nevada; and be it further

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

________

FILE NUMBER 124, ACR 21

Assembly Concurrent Resolution No. 21–Committee on Health and Human Services

FILE NUMBER 124

ASSEMBLY CONCURRENT RESOLUTION–Directing the development of a proposal to amend the state plan for assistance to the medically indigent to include coverage for the treatment of substance abuse provided to a recipient of Medicaid in a nonhospital setting.

whereas, The cost of providing health care to persons eligible for Medicaid has become a primary concern of the Legislature of this state; and

whereas, Studies indicate that at least 20 percent of the money spent by Medicaid for hospital care is attributable to substance abuse; and

whereas, Treatment for substance abuse for recipients of Medicaid is often covered only if provided in a hospital; and

whereas, Services provided in a hospital for the treatment of substance abuse are often more costly than services provided in a nonhospital setting; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Administrator of the Welfare Division of the Department of Human Resources and the Chairman of the Commission on Substance Abuse Education, Prevention, Enforcement and Treatment and the Chief of the Bureau of Alcohol and Drug Abuse of the Department of Employment, Training and Rehabilitation are hereby directed to coordinate efforts to:

1. Develop a proposal to amend the state plan for assistance to the medically indigent adopted pursuant to NRS 422.237 to include coverage for the treatment of substance abuse provided in a nonhospital setting. The proposal must be presented to the State Welfare Board for consideration on or before October 1, 1996.

2. Seek all necessary federal waivers and approvals to carry out the objectives of the proposal.

And be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Administrator of the Welfare Division of the Department of Human Resources and to the Chairman of the Commission on Substance Abuse Education, Prevention, Enforcement and Treatment and to the Chief of the Bureau of Alcohol and Drug Abuse of the Department of Employment, Training and Rehabilitation.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2995 (FILE NUMBER 124, ACR 21)ê

Substance Abuse Education, Prevention, Enforcement and Treatment and to the Chief of the Bureau of Alcohol and Drug Abuse of the Department of Employment, Training and Rehabilitation.

________

FILE NUMBER 125, AR 12

Assembly Resolution No. 12–Committee on Elections and Procedures

FILE NUMBER 125

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

resolved by the assembly of the state of nevada, That Robert H. Evans is elected as an additional attache of the Assembly for the 68th session of the Legislature of the State of Nevada.

________

FILE NUMBER 126, SCR 58

Senate Concurrent Resolution No. 58–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 126

SENATE CONCURRENT RESOLUTION–Memorializing former Washoe County Commissioner and Chairman of the Reno-Sparks Convention and Visitors Authority, Raymond J. Capurro.

whereas, This legislative body mourns the passing on May 12, 1994, of Raymond J. Capurro, a Reno native and a dedicated public servant; and

whereas, Raymond J. Capurro was born in Reno, Nevada, on October 5, 1917, to John and Mary Capurro; and

whereas, Raymond Capurro served his country during World War II as a sergeant in the Army; and

whereas, After the war, Raymond Capurro managed Mary’s Motel on W. Fourth St., owned R. Petrone and Company, a grocery store, and was the manager of the Silver Dollar Casino when it opened in 1960; and

whereas, Raymond Capurro loved Reno and Washoe County and to ensure that the area remained a place where families could enjoy health and happiness, he served as a Washoe County Commissioner from 1950 until 1958, and as chairman of the Reno-Sparks Convention and Visitors Authority from 1968 to 1982 and as a member of the Regional Planning Commission for 8 years; and

whereas, Mr. Capurro was a member of the American Legion, Kerak Temple, Shriners, Post 9211 of the Veterans of Foreign Wars, B.P.O. Elks Lodge 597, Washoe Lodge 35, Prospector’s Club, Gamma Eta Kappa fraternity and Scottish Rite; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2996 (FILE NUMBER 126, SCR 58)ê

Lodge 597, Washoe Lodge 35, Prospector’s Club, Gamma Eta Kappa fraternity and Scottish Rite; and

whereas, Raymond Capurro is survived by his wife, Grace and daughters Rayleen Cudworth and Marcy Andrus; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th Session of the Nevada Legislature offer their sincere gratitude for native son Raymond Capurro’s life of public service and convey their condolences and heartfelt sympathy to his family; and be it further

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

________

FILE NUMBER 127, SJR 17

Senate Joint Resolution No. 17–Committee on Taxation

FILE NUMBER 127

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to allow the legislature to exempt property from taxation if the amount of tax to be collected would be less than the cost to collect the tax.

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:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2997 (FILE NUMBER 127, SJR 17)ê

7. No inheritance tax shall ever be levied.

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 exempt from taxation that property for which the annual taxes due would be less than the cost of collecting those taxes.

________

FILE NUMBER 128, AR 13

Assembly Resolution No. 13–Assemblymen Dini and Hettrick

FILE NUMBER 128

ASSEMBLY RESOLUTION–Designating certain members of the Assembly as regular and alternate members of the Legislative Commission.

resolved by the assembly of the state of nevada, That pursuant to the provisions of NRS 218.660 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 R. Giunchigliani, Mr. Richard D. Perkins, Mrs. Joan A. Lambert, Mr. John C. Carpenter and Mrs. Jeannine Stroth are designated as the regular Assembly members; Mr. Bernard Anderson and Mrs. Marcia de Braga are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Ms. Barbara E. Buckley and Mr. Douglas A. Bache are designated as the first and second alternate members, respectively, for Ms. Christina R. Giunchigliani; Mr. Larry L. Spitler and Mr. Robert E. Price are designated as the first and second alternate members, respectively, for Mr.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2998 (FILE NUMBER 128, AR 13)ê

members, respectively, for Mr. Richard D. Perkins; Mr. Brian E. Sandoval and Mr. Thomas Batten are designated as the first and second alternate members, respectively, for Mrs. Joan A. Lambert; Mr. Peter G. Ernaut and Mr. Max J. Bennett are designated as the first and second alternate members, respectively, for Mr. John C. Carpenter; and Mrs. Deanna Braunlin and Mr. Dennis Nolan are designated as the first and second alternate members, respectively, for Mrs. Jeannine Stroth.

________

FILE NUMBER 129, SCR 16

Senate Concurrent Resolution No. 16–Committee on Human Resources and Facilities

FILE NUMBER 129

SENATE CONCURRENT RESOLUTION–Urging Congress to amend the Social Security Act and the Internal Revenue Code of 1986 to allow states to make payments for certain services provided to, and to provide certain services to, recipients of Medicaid who have disabilities.

whereas, Persons with disabilities should have the opportunity to achieve the highest possible level of personal independence; and

whereas, Persons with disabilities frequently require assistance to perform daily tasks that they would normally perform for themselves if they did not have a disability, such as bathing, dressing and preparing meals; and

whereas, Assistance provided to a person with a disability in his home allows him to maintain his independence; and

whereas, If the state could pay a recipient directly for assistance provided to him in his home, the recipient could employ the person of his choice to assist him; and

whereas, Allowing a recipient the opportunity to employ the person of his choice to assist him with his daily tasks would provide him with additional freedom and independence to manage his own affairs; and

whereas, Under the current federal law the State of Nevada would lose federal funding if it made direct payments to a recipient for such services; and

whereas, Under the provisions of the Internal Revenue Code of 1986 and regulations adopted pursuant thereto, the State of Nevada may not, without being considered an employer, provide various administrative, clinical and quality assurance services relating to personal assistants employed by persons with disabilities, including the investigation, recruiting, screening, training, supervision or monitoring of such persons; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature urges the Congress of the United States to amend Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to allow states to make payments for personal assistance services provided in the homes of recipients of Medicaid who have disabilities directly to the recipients of such services under appropriate circumstances; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 2999 (FILE NUMBER 129, SCR 16)ê

resolved, That the Nevada Legislature urges the Congress of the United States to amend the provisions of the Internal Revenue Code of 1986 to require the Secretary of the Treasury to revise Revenue Procedures 70-6 and 80-4 to allow states or designated agencies of the states to provide, without being deemed an employer, various administrative, clinical and quality assurance services relating to personal assistants employed by recipients of Medicaid who have disabilities, including the investigation, recruiting, screening, training, supervising and monitoring of such assistants; and be it further

________

FILE NUMBER 130, SR 12

Senate Resolution No. 12–Senators Raggio and Titus

FILE NUMBER 130

SENATE RESOLUTION–Designating certain members of the Senate as regular and alternate 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 Randolph J. Townsend, Ann O’Connell, Lawrence E. Jacobsen, Alice Costandina Titus, Ernest E. Adler and Joseph M. Neal, Jr., are designated as the regular Senate members of the Legislative Commission; and be it further

resolved, That Senators William J. Raggio and Mark A. James are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Suzanne Lowden and Jon C. Porter are designated as the first and second alternate members, respectively, for Senator Ann O’Connell; and Senators Mike McGinness and Dean A. Rhoads are designated as the first and second alternate members, respectively, for Senator Lawrence E. Jacobsen; and be it further

resolved, That Senators Raymond C. Shaffer and John B. Regan are designated as the first and second alternate members, respectively, for Senators Alice Costandina Titus, Ernest E. Adler and Joseph M. Neal, Jr.; 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3000 (FILE NUMBER 130, SR 12)ê

2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the commission, and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.

3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.

4. An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.

________

FILE NUMBER 131, AR 14

Assembly Resolution No. 14–Assemblymen Dini, Price, Marvel, Humke, Arberry, Lambert, Carpenter, Evans, Freeman, Williams, Anderson, Bache, Giunchigliani, Spitler, Chowning, de Braga, Ernaut, Hettrick, Neighbors, Perkins, Schneider, Segerblom, Tiffany, Krenzer, Allard, Batten, Bennett, Braunlin, Brower, Buckley, Close, Fettic, Goldwater, Harrington, Manendo, Monaghan, Nolan, Ohrenschall, Sandoval, Steel, Stroth and Tripple

FILE NUMBER 131

ASSEMBLY RESOLUTION–Commending Pat Hatch, former Supervisor of the Secretarial Staff of the Assembly.

whereas, Patricia “Pat” V. Hatch was born in Longmeadow, Massachusetts, the daughter of Ray and Barbara Vaughn; and

whereas, After graduation from Colby Junior College in New Hampshire, Pat married D. Kent Hatch in Longmeadow, Massachusetts, on August 30, 1951; and

whereas, In 1972, Kent and Pat Hatch moved to Reno where they raised their three daughters, Linda Caufield, Barbara Hatch and Kathy Westmoreland and their son, Larry Hatch; and

whereas, In 1977, the Chief Clerk of the Assembly selected Pat Hatch to be the Supervisor of the Secretarial Staff of the Assembly; and

whereas, Over the years, Pat Hatch proved herself to be one of the most interesting and dedicated supervisors ever known to the Assembly; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3001 (FILE NUMBER 131, AR 14)ê

whereas, As a supervisor, Pat Hatch was kind, compassionate and understanding, and held meetings every Friday with her secretaries to discuss any problems which may have occurred during the week; and

whereas, After several years of using the heel of her shoe as a gavel at these meetings, Pat’s devoted staff presented her with an official gavel in 1991; and

whereas, Pat Hatch experienced many unusual events while employed by the Nevada Assembly, including the trip to the City of Pahrump where she had to take the minutes in shorthand at a meeting at night without any light after an electrical failure during a storm; and

whereas, During that same trip, strong winds caused tremendous turbulence, but the turbulence felt in the aircraft did not compare to the embarrassment Pat suffered while exiting the airplane when a gust of wind blew her dress over her head, and alas, she had forgotten her slip that morning; and

whereas, In honor of that fateful day, the ingenious and artistic secretaries of the Assembly displayed the famous poster of Marilyn Monroe with Pat’s picture covering Marilyn’s face; and

whereas, Pat Hatch believed strongly in the virtue of punctuality, but because of the manner in which she sped through Washoe Valley on her daily commute to work, her secretarial staff chipped in and purchased Pat a “fuzz buster”; and

whereas, Those same secretaries also pitched in to surprise Pat and Kent with a trip to Las Vegas to see the Siegfried and Roy show and with a little help from “seamstress” Marcia Warne, provided Pat with provocative evening attire; and

whereas, As the 1995 legislative session nears an end, the friends of Pat Hatch reminisce about the fun, laughter and Friday afternoon potlucks that they shared with Pat over the last nine sessions, and wish Pat must happiness as she continues her career working alongside Kent in their new business; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the 68th session of the Nevada Legislature do hereby commend a most gracious lady for her years of devoted service as the Supervisor of the Secretarial Staff of the Assembly; and be it further

resolved, That Pat Hatch will be missed by many and will long be remembered for her sense of responsibility, her loyalty and her contributions to the Nevada Legislature; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Patricia V. Hatch.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3002ê

FILE NUMBER 132, SCR 38

Senate Concurrent Resolution No. 38–Committee on Legislative Affairs and Operations

FILE NUMBER 132

SENATE CONCURRENT RESOLUTION–Urging the state and local governments to establish programs to encourage the participation of the residents of this state in the development of public policy and the operation of state and local government.

whereas, Section 2 of Article 1 of the Constitution of the State of Nevada recognizes that “all political power is inherent in the people” and that “government is instituted for the protection, security and benefit of the people”; and

whereas, Section 4 of Article IV of the United States Constitution guarantees to every state in the Union a republican form of government; and

whereas, The authority to govern in a representative democracy is based upon the consent of the governed; and

whereas, Representative democracy is dependent upon the election and appointment of persons who possess civic virtue, wisdom and character necessary to carry out responsibilities of government; and

whereas, New ideas and programs to increase the participation of the residents of this state in the development of public policy and the operation of state and local government should be encouraged and implemented at every level of government; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby urges each state agency and local government in this state to adopt a statement which acknowledges its commitment to establish a program which would encourage the participation of the residents of this state in the development of public policy and the operation of state and local government; and be it further

resolved, That the Governor is hereby requested to include a reference to this resolution in his annual proclamation of Constitution Week and Constitution Day issued pursuant to NRS 236.035; and be it further

resolved, That the public officers and employees and residents of this state are hereby encouraged to develop new ideas and programs to increase the participation of the residents of this state in the development of public policy and the operation of state and local government; and be it further

resolved, That the Department of Museums, Library and Arts is hereby directed to serve as a repository for any regulation, resolution, ordinance or other action adopted by a local government or state agency as a result of this resolution and any written responses to this resolution submitted to the department; and be it further

resolved, That the director of the Department of Museums, Library and Arts is hereby directed to submit a report to the 69th session of the Nevada Legislature. The report must include:

1. A summary of the information the department received as a result of this resolution;

2. A description of the programs established by state agencies and local governments to encourage the participation of the residents of this state in the development of public policy and the operation of state and local government; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3003 (FILE NUMBER 132, SCR 38)ê

development of public policy and the operation of state and local government; and

3. Any recommendations concerning those programs;

and be it further

resolved, That the Secretary of the State prepare and transmit a copy of this resolution to the director of the Department of Museums, Library and Arts.

________

Assembly Joint Resolution No. 26 of the 67th Session–Committee on Ways and Means

FILE NUMBER 133

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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3004 (FILE NUMBER 133, AJR 26 of the 67th Session)ê

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.

________

Assembly Joint Resolution No. 35 of the 67th Session–Committee on Ways and Means

FILE NUMBER 134

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:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3005 (FILE NUMBER 134, AJR 35 of the 67th Session)ê

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;

(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.

________

FILE NUMBER 135, ACR 39

Assembly Concurrent Resolution No. 39–Committee on Elections and Procedures

FILE NUMBER 135

ASSEMBLY CONCURRENT RESOLUTION–Designating the Director of the Legislative Counsel Bureau as the energy retrofit coordinator for the buildings occupied by the legislative branch of government.

resolved by the assembly of the state of nevada, the senate concurring, That pursuant to subsection 3 of NRS 338.1905, the Director of the Legislative Counsel Bureau is hereby designated as the energy retrofit coordinator for the buildings occupied by the legislative branch of government.

________

FILE NUMBER 136, SJR 21

Senate Joint Resolution No. 21–Senators Rhoads and McGinness

FILE NUMBER 136

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to provide that the state controller is appointed by and serves at the pleasure of the state treasurer.

resolved by the senate and assembly of the state of nevada, jointly, That section 19 of article 5 of the constitution of the State of Nevada be amended to read as follows:

[Section] Sec. 19. 1. A secretary of state, a treasurer, [a controller,] and an attorney general, shall be elected at the same time and places, and in the same manner as the governor. The term of office of each shall be the same as is prescribed for the governor.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3006 (FILE NUMBER 136, SJR 21)ê

is prescribed for the governor. Any elector shall be eligible to either of said offices.

2. The state treasurer shall appoint a state controller. The controller serves at the pleasure of the treasurer. The legislature may prescribe by law the qualifications and duties of the state controller.

3. The provisions of this section pertaining to the appointment and service of a state controller become effective on November 7, 2000. Notwithstanding the provisions of subsection 1, the term of office of the controller elected at the general election in 1998 expires on November 7, 2000.

________

FILE NUMBER 137, SJR 22

Senate Joint Resolution No. 22–Committee on Natural Resources

FILE NUMBER 137

SENATE JOINT RESOLUTION–Urging Congress to investigate the additional costs incurred for the visitor facilities program at Hoover Dam which are in excess of the amount originally appropriated for the program and to direct the Bureau of Reclamation of the United States Department of the Interior to develop alternative sources of funding to pay for the program.

whereas, In 1984, Congress enacted Public Law 98-381 which appropriated $77,000,000, calculated at 1983 price levels, for a program to increase the generation capacity of the power plant at Hoover Dam and for a visitor facilities program to improve the parking, visitor facilities and roadways at Hoover Dam; and

whereas, Although Public Law 98-381 does not specify the amount of the appropriation to be spent on the respective programs, the Senate Report of the Committee on Energy and Natural Resources (S. Rep. No. 98-137, 98th Congress, 1st Session (1983), at page 14) indicates that $32,000,000 would be needed for the visitor facilities program; and

whereas, Appropriations made for the visitor facilities program are to be repaid with interest when the program is substantially completed from revenue received from the sale of power at the Hoover Dam power plant; and

whereas, As of the end of the 1994 federal fiscal year, approximately $120,000,000 has been expended on the visitor facilities program; and

whereas, As of May 1995, the visitor facilities program is not complete and additional money will be necessary to complete the program; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges Congress to investigate the costs incurred for the visitor facilities program at Hoover Dam which are in addition to the amount originally appropriated by Congress for the program; and be it further

resolved, That the Nevada Legislature urges Congress to direct the Bureau of Reclamation of the United States Department of the Interior to develop alternative sources of funding to pay the costs incurred for the visitor facilities program at Hoover Dam which are in addition to the amount originally estimated for the program of $32,000,000; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3007 (FILE NUMBER 137, SJR 22)ê

facilities program at Hoover Dam which are in addition to the amount originally estimated for the program of $32,000,000; and be it further

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

________

FILE NUMBER 138, SJR 20

Senate Joint Resolution No. 20–Committee on Transportation

FILE NUMBER 138

SENATE JOINT RESOLUTION–Urging Congress to approve the designation of the National Highway System.

whereas, The present interstate highway system in the United States will be inadequate to meet the needs of local and interstate commerce in the 21st century; and

whereas, The Secretary of Transportation has submitted a proposal to Congress for the designation of the National Highway System; and

whereas, More than $6.5 billion in federal funding for highways will not be allocated to the states unless the designation of the National Highway System is approved by Congress not later than September 30, 1995; and

whereas, The National Highway System will consist of a network of highways which are vitally important to the strategic defense policy of the United States; and

whereas, The National Highway System will reduce traffic congestion which presently costs travelers approximately $1 billion each year in lost productivity in each of the nation’s eight largest metropolitan areas; and

whereas, The National Highway System will connect important urban areas which are not presently served by an interstate highway; and

whereas, The National Highway System will benefit consumers by reducing the cost of transporting goods within the United States; and

whereas, The National Highway System will include the entire 545 miles of the interstate highway system in Nevada; and

whereas, Although only 4.7 percent of the highways in Nevada will be included in the National Highway System, those highways will account for approximately 66 percent of the motor vehicle traffic in Nevada; and

whereas, The National Highway System will improve access for visitors to such destinations as Lake Tahoe, Lake Mead and Jackpot, Nevada; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges Congress to approve the designation of the National Highway System; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3008 (FILE NUMBER 138, SJR 20)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.

________

FILE NUMBER 139, SJR 23

Senate Joint Resolution No. 23–Committee on National Resources

FILE NUMBER 139

SENATE JOINT RESOLUTION–Urging Congress to adopt proposals that are equitable to all states for regulating the air quality within the area surrounding the Grand Canyon.

whereas, In 1977, the Congress of the United States amended the Clean Air Act for the purpose of correcting and preventing the continued deterioration of visibility in large national parks and wilderness areas resulting from the pollution of the air; and

whereas, This amendment did not provide adequate resources to carry out its provisions and targeted only a few of the major types of sources of the pollution affecting visibility; and

whereas, As a result, the Federal Government and the individual states were extremely slow in developing an effective program to reduce air pollution in these areas; and

whereas, The two emission control programs specifically concerned with visibility in national parks and wilderness areas include the program for Prevention of Significant Deterioration of Air Quality, which is directed mainly at new sources of pollution and a program for visibility protection which is primarily aimed at existing sources of pollution; and

whereas, The program for Prevention of Significant Deterioration of Air Quality requires that each new or enlarged “major emitting facility” locating near large national parks or wilderness areas install the “best available control technology,” establish increments (allowable increases) that limit cumulative increases in levels of pollution in clean air areas, and, to some extent, have protected visibility by reducing the growth of emissions that contribute to regional haze; and

whereas, In 1990, the United States General Accounting Office issued a report which discussed some of the shortcomings of the program for Prevention of Significant Deterioration of Air Quality; and

whereas, This report indicated that federal land managers had failed to meet their responsibilities because of a lack of allocated time, personnel and data, and because the United States Environmental Protection Agency had failed to forward applications for permits; and

whereas, The report indicated that many sources of air pollution in national parks and wilderness areas are exempt from the requirements of the program for Prevention of Significant Deterioration of Air Quality because they are considered minor sources or because they existed before the program for Prevention of Significant Deterioration of Air Quality took effect; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3009 (FILE NUMBER 139, SJR 23)ê

they are considered minor sources or because they existed before the program for Prevention of Significant Deterioration of Air Quality took effect; and

whereas, The other program for visibility protection, established by the amendments to the Clean Air Act of 1977, directs states to establish measures to achieve “reasonable progress” toward the national visibility goal and to require the installation of the “best available retrofit technology” on large sources contributing to air pollution at major national parks and wildlife areas; and

whereas, In 1980, the Environmental Protection Agency issued rules to control air pollution caused by visible plumes from nearby individual sources and expressed its intention to regulate regional haze at some future date “when improvement in monitoring techniques provides more data on source-specific levels of visibility impairment, regional scale-models become more refined, and scientific knowledge about the relationships between air pollutants and visibility improves”; and

whereas, To date, the Environmental Protection Agency has not proposed rules for the regulation of regional haze, but has required only regulation of air pollution that is attributable to individual sources through the use of simple techniques, and in the past 14 years only one source of pollution has been required to control its emissions pursuant to this program; and

whereas, It is evident that the Environmental Protection Agency has not been required to enforce the visibility provisions of the federal law and this failure should be addressed before any new legislation is passed which penalizes a regional area; and

whereas, In 1990, the Clean Air Act was once again amended to include numerous new statutes and amendments to existing statutes which called for more regulation of air quality for the purpose of providing continued and expanded efforts to improve air quality; and

whereas, The amendment added Section 169B which provided the mechanism for the Administrator of the Environmental Protection Agency to establish visibility transport regions and visibility transport commissions; and

whereas, That section specifically created The Grand Canyon Visibility Transport Commission which is required to prepare and submit to the Administrator of the Environmental Protection Agency by November 15, 1995, a report recommending what measures, if any, should be taken pursuant to the Clean Air Act to address adverse impacts on visibility from potential or projected growth in emissions in the region; and

whereas, The report will also discuss the establishment of clean air corridors in which additional restrictions in emissions may be appropriate to protect visibility in affected areas, the imposition of the requirements of the program for Prevention of Significant Deterioration of Air Quality which affect the construction of new or modified major stationary sources in those clean air corridors, the alternative siting analysis provisions as provided in the Clean Air Act, the imposition of nonattainment status requirements within clean air corridors and the adoption of regulations to provide long-range strategies for addressing regional haze which impairs visibility in affected areas; and

whereas, A total of $8,000,000 per year for 5 years was authorized for appropriation to the Environmental Protection Agency and other federal agencies to conduct research to identify and evaluate sources and source regions of air pollution as well as regions that provide predominantly clean air to national parks and wilderness areas, but it does not appear that the Environmental Protection Agency has requested or received such an appropriation; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3010 (FILE NUMBER 139, SJR 23)ê

agencies to conduct research to identify and evaluate sources and source regions of air pollution as well as regions that provide predominantly clean air to national parks and wilderness areas, but it does not appear that the Environmental Protection Agency has requested or received such an appropriation; and

whereas, With the exception of minor federal funding, the Grand Canyon Visibility Transport Commission is an unfunded mandate, and to date, most of the work which has been done pursuant to the mandate is the result of efforts made by state governments, industries and conservation groups; and

whereas, For these reasons, the amendments to the Clean Air Act adopted in 1990, including Section 169B, have not been fully implemented and allowed sufficient time to produce their desired effect; and

whereas, Certain scientific studies, assessments and inventories have shown that air quality in the Intermountain West Region continues to improve even though the amendments adopted in 1990 have not been fully implemented; and

whereas, The clean air corridor concept may result in a severe restraint on population growth and economic development in the western states, a result which was not intentional when Congress passed Section 169B of the Clean Air Act whereby the cleanest air in the nation, with the best visibility, may be managed by the Environmental Protection Agency as the dirtiest; and

whereas, The Nevada Legislature has grave concerns about the consequences of the recommendations which may be made by the Grand Canyon Visibility Transport Commission to the Administrator of the Environmental Protection Agency because of previously stated facts involving the federal regulation of visibility; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That Congress is hereby urged to refrain from adopting additional statutes and the Environmental Protection Agency is hereby urged to refrain from adopting additional regulations which regulate air quality and visibility until the amendments to the Clean Air Act adopted in 1990 and the regulations adopted thereunder have been fully implemented and allowed sufficient time to produce their intended results; and be it further

resolved, That as part of its oversight of the regulatory program, Congress is hereby urged to resist proposals such as clean air corridors, the imposition of nonattainment status requirements within clean air corridors and the imposition of no-build provisions within a transport region that are not equitable to all states; and be it further

resolved, That Congress is hereby urged to support proposals that are equitable, such as the uniform application of the existing provisions of the program for Prevention of Significant Deterioration of Air Quality in the Clean Air Act and the imposition or addition of more stringent controls on existing sources of air pollution and visibility impairment; and be it further

resolved, That the Environmental Protection Agency and any other federal agency that regulates air quality are hereby urged to base any future regulations related to air quality and visibility on clear scientific evidence which is reviewed and confirmed by others within the scientific community; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3011 (FILE NUMBER 139, SJR 23)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, each member of the Nevada Congressional Delegation and the Administrator of the Environmental Protection Agency; and be it further

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

________

FILE NUMBER 140, AJR 40

Assembly Joint Resolution No. 40–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 140

ASSEMBLY JOINT RESOLUTION–Urging Congress, the United States Environmental Protection Agency and the Division of Environmental Protection of Nevada to resolve problems of small landfills with environmental regulations.

whereas, The State of Nevada has a very strong commitment to protecting the public health and safety and the natural environment; and

whereas, The Nevada Legislature has proven this commitment in the area of solid waste management by enacting legislation and authorizing administrative regulations which are necessary to carry out the provisions of subchapter IV of the Resource Conservation and Recovery Act of 1976, as amended; and

whereas, The Nevada Legislature, nevertheless, finds the federal requirements in subchapter IV of the Resource Conservation and Recovery Act of 1976, as carried out through the regulations contained in 40 C.F.R. Part 258, too onerous, inflexible and unreasonable in this arid state, with many small population centers and agricultural operations situated far from urban areas; and

whereas, Excessively stringent federal regulations, short time frames for compliance, small populations and a lack of technical and financial assistance have created an impossible situation for many of Nevada’s small rural communities; and

whereas, In the absence of financial assistance to carry out the provisions of subchapter IV of the Resource Conservation and Recovery Act of 1976, the federal requirements truly represent an unfunded mandate which reorders valid local priorities; and

whereas, The President of the United States, in Executive Order No. 12866, dated September 30, 1993, recognized that the legitimate role of government is to govern in a focused, tailored and sensible way; and

whereas, The President of the United States, in his memorandum dated March 4, 1994, relating to the regulatory reform initiative, called for permit streamlining and paperwork reduction and directed federal agencies and departments to “determine whether states can do the job as well; reward results, not red tape; and negotiate with the regulated community”; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3012 (FILE NUMBER 140, AJR 40)ê

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature urge the United States Environmental Protection Agency to extend by at least 2 years the deadline for small, remote landfills in arid areas to comply with the federal regulations contained in 40 C.F.R. Part 258; and be it further

resolved, That this Legislature urges Congress to amend subchapter IV of the Resource Conservation and Recovery Act of 1976 as it applies to small, remote landfills in arid areas by establishing a ground-water monitoring exemption, requiring the United States Environmental Protection Agency to identify, with state participation, minimum performance standards and providing states the authority and flexibility to manage such landfills in a manner consistent with those performance standards; and be it further

resolved, That this Legislature urges Congress to appropriate money for grants to the states to carry out the mandates of subchapter IV of the Resource Conservation and Recovery Act of 1976; and be it further

resolved, That this Legislature urges the Division of Environmental Protection of the State Department of Conservation and Natural Resources to assert Nevada’s authority and discretion over solid waste management programs within this state, propose reasonable regulations for the management of the smallest solid waste landfills and carry out a vigorous technical assistance program for small towns, rural areas and agricultural operations; 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 State Department of Conservation and Natural Resources of the State of Nevada, 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 141, AJR 34

Assembly Joint Resolution No. 34–Committee on Judiciary

FILE NUMBER 141

ASSEMBLY JOINT RESOLUTION–Urging Congress to pass legislation that limits a court’s ability to order custody requirements for prisoners that exceed constitutional requirements.

whereas, The protection, conservation and allocation of taxes collected from the residents of this state is a matter within the purview of the Nevada Legislature; and

whereas, The State of Nevada has finite resources for funding services and programs which are essential to the residents of this state; and

whereas, The State of Nevada is firmly committed to complying fully with all constitutional requirements for the care and custody of prisoners in this state and with any applicable order concerning the care and custody of prisoners entered by a court of competent jurisdiction; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3013 (FILE NUMBER 141, AJR 34)ê

this state and with any applicable order concerning the care and custody of prisoners entered by a court of competent jurisdiction; and

whereas, Judicial decisions requiring this state to provide care and custody of prisoners which exceeds constitutional requirements may have a detrimental fiscal impact upon this state; 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 legislation that would prohibit a court from limiting or reducing the number of prisoners housed in an institution unless a plaintiff proves that overcrowding is the primary cause of the deprivation of a constitutional right and that no other relief would remedy that deprivation, and would limit any relief ordered by the court to that which is necessary to remove the conditions depriving the plaintiff of the constitutional right; and be it further

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

________

FILE NUMBER 142, AJR 43

Assembly Joint Resolution No. 43–Assemblymen Fettic, Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 142

ASSEMBLY JOINT RESOLUTION–Commending the People to People Student Ambassador Program and sending greetings from the Nevada Legislature to the Honorable Sir Andrew Bowden, M.P.

whereas, The People to People Student Ambassador Program was founded by President Dwight D. Eisenhower in 1956 to promote world peace through “people to people” contact; and

whereas, This summer, approximately 8,000 students will be going abroad as representatives of the People to People Student Ambassador Program; and

whereas, One Student Ambassador selected to go abroad this summer is Karalyn Marie Heath, granddaughter of Assemblyman Thomas W. Fettic from Carson City, Nevada; and

whereas, During the course of the program, Karalyn and her fellow ambassadors will learn about British history and the British parliamentary system of government from the Honorable Sir Andrew Bowden, M.P.; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3014 (FILE NUMBER 142, AJR 43)ê

resolved by the assembly and senate of the state of nevada, jointly, That the members of the Nevada Legislature commend the People to People Student Ambassador Program and send their greetings to the Honorable Sir Andrew Bowden, M.P.; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Karalyn Marie Heath and Sir Andrew Bowden, M.P.

________

FILE NUMBER 143, SJR 24

Senate Joint Resolution No. 24–Committee on Judiciary

FILE NUMBER 143

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to require the establishment of a commission on judicial performance.

resolved by the senate and assembly of the state of nevada, jointly, That a new section be added to article 6 of the constitution of the State of Nevada to read as follows:

Sec. 22. 1. The Legislature shall establish by law a Commission on Judicial Performance to evaluate the judicial performance of each Justice of the Supreme Court and District Judge.

2. The Legislature shall prescribe by law the membership, powers and duties of the Commission, and such other provisions as it determines are necessary to carry out those powers and duties.

________

FILE NUMBER 144, SCR 20

Senate Concurrent Resolution No. 20–Senators Titus, Adler, Coffin, Lee, Mathews, Neal, Regan, Shaffer, Raggio, Augustine, Jacobsen, James, Lowden, McGinness, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Townsend and Washington

FILE NUMBER 144

SENATE CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 68th legislative session to establish a policy regarding sexual harassment and procedures for the administration of related claims.

resolved by the senate of the state of nevada, the assembly concurring, That the Joint Rules of the Senate and Assembly as adopted by the 68th session of the Legislature are amended by the following addition:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3015 (FILE NUMBER 144, SCR 20)ê

Policy and Procedures Regarding Sexual Harassment.

1. The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all legislators, lobbyists, legislative interns and employees of the Legislature, including supervisors and coworkers. Each member, lobbyist, legislative intern and employee of the Legislature is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.

2. For the purposes of this rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, including, but not limited to:

(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;

(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

(c) Physical conduct such an unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;

(d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and

(e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,

when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

3. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.

4. If a person believes he is being sexually harassed on the job, he may file a written complaint with:

(a) The Speaker of the Assembly, if the complaint involves the conduct of a member, legislative intern or employee of the Assembly or a lobbyist;

(b) The Majority Leader of the Senate, if the complaint involves the conduct of a member, legislative intern or employee of the Senate or a lobbyist; or

(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.

The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3016 (FILE NUMBER 144, SCR 20)ê

5. Except as otherwise provided in subsection 6, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint against a member, legislative intern or employee of a certain House to a committee consisting of legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.

6. If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee on Elections and Procedures of the Assembly or the Committee on Legislative Affairs and Operations of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.

7. The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.

8. If the investigation reveals that sexual harassment has occurred, the Legislature will take remedial action against the member, lobbyist, legislative intern or employee which is commensurate with the severity of the offense. The committee shall inform the complainant of any action taken against the member, lobbyist, legislative intern or employee. The Legislature will also take any action necessary to deter any future harassment.

9. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.

10. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.

11. Action taken by a complainant pursuant to this rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3017ê

FILE NUMBER 145, ACR 28

Assembly Concurrent Resolution No. 28–Assemblymen Price, Dini, Hettrick, Perkins, Williams, Harrington, Schneider, Braunlin, Steel, Fettic, Goldwater, Bennett, Ohrenschall, Freeman, Krenzer, Arberry, Marvel, Close, Ernaut, Stroth, Allard, Anderson, Humke, Chowning, Buckley, Bache, Giunchigliani, Manendo, Batten, Tripple, Brower, Lambert, Monaghan, Segerblom, Nolan, Carpenter, de Braga, Evans, Neighbors, Tiffany, Sandoval and Spitler

FILE NUMBER 145

ASSEMBLY CONCURRENT RESOLUTION–Granting administrative leave to legislative employees in recognition of their service to the 68th 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 session of the Legislature; 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 68th 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 5 days of administrative leave is hereby granted to each permanent employee of the Legislature and Legislative Counsel Bureau and to all employees of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who are employed by the Legislature or Legislative Counsel Bureau on the last day of this session.

________

FILE NUMBER 146, AJR 42

Assembly Joint Resolution No. 42–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 146

ASSEMBLY JOINT RESOLUTION–Urges the United States Forest Service to stop charging fees for recreational use of lands controlled by it based in part on activities occurring solely on state lands.

whereas, The Division of State Lands of the State Department of Conservation and Natural Resources reports that approximately 87 percent of the land in Nevada is controlled by agencies of the Federal Government, while less than 1 percent of the land in this state is controlled by agencies of this state; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3018 (FILE NUMBER 146, AJR 42)ê

whereas, The small percentage of land in Nevada which is controlled by agencies of this state includes the beds and banks of the navigable bodies of water in this state, including Lake Tahoe; and

whereas, Holders of permits issued by the United States Forest Service for recreational use of land controlled by the United States Forest Service have testified to the Nevada Legislature that the United States Forest Service charges them, as part of the fees for their permits, a percentage of their gross revenues, despite the fact that a portion of their gross revenues are received from activities occurring solely on state lands beneath the waters of Lake Tahoe; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature voices its disapproval of the practice of calculating the fees for permits for recreational use of land controlled by the United States Forest Service based in part on revenue received for activities occurring solely on state lands; and be it further

resolved, That the Nevada Legislature hereby urges the United States Forest Service to stop its method of calculating the fees for permits for recreational use of land controlled by the United States Forest Service based in part on revenue received for activities occurring solely on state lands; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chief of the United States Forest Service, the Secretary of the United States Department of Agriculture and each member of the Nevada Congressional Delegation; and be it further

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

________

FILE NUMBER 147, AJR 41

Assembly Joint Resolution No. 41–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 147

ASSEMBLY JOINT RESOLUTION–Urging Congress and the Secretary of Agriculture to support the Conservation Biology of Rangelands Research Unit.

whereas, The Conservation Biology of Rangelands Research Unit of the Agricultural Research Service, USDA, Reno, Nevada, was not included in the federal administration’s budget for fiscal year 1995-1996, beginning on October 1, 1995; and

whereas, The closing of this Unit will have severe impacts on the management and restoration of rangelands in Nevada and adjacent intermountain states; and

whereas, This Unit has been consistently rated as one of the most productive in the nation per dollar spent per scientist, which is attributed to the frugal, appropriate and productive use of federal money; and

whereas, Nevada receives less than 1 percent of the federal money expended for agricultural research in the western states; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3019 (FILE NUMBER 147, AJR 41)ê

whereas, The Conservation Biology of Rangelands Research Unit’s research on both preventing wildfires and restoring burned vegetation is essential to this state because wildfires cost the residents of the State of Nevada millions of dollars annually for suppression, and for loss of livestock, wildlife, habitat, watershed cover, private property and on occasion the loss of human lives; and

whereas, The Unit’s research on the replacement of, and biological suppression of, cheatgrass has great ecological and economic significance to Nevada because cheatgrass has increased in dominance from less than 1 percent to nearly 25 percent on 19,000,000 acres of sagebrush rangelands during the last 30 years, with the invasion greatly increasing the chances of ignition, rate of spread and the length of the wildfire season; and

whereas, This Unit is the only research organization conducting weed control experiments in Nevada, with a major role in weed control of tall whitetop (Lepidium latifolium), potentially the most biologically and economically devastating weed ever to invade Nevada’s meadows and croplands; and

whereas, The Unit’s research on adapted plant material, seedbed preparation and seeding technology for arid and disturbed lands is important to Nevada because mining reclamation is critical to the mining industry, which in turn is critical to the economy of Nevada; and

whereas, The Unit’s research in general is critically important to Nevada because it provides a communications link between the users of Nevada’s wildlands and the concerned environmental, scientific community and because maintenance of biological diversity is a major scientific and environmental issue in Nevada; and

whereas, Without the Conservation Biology of Rangelands Research Unit, Nevada would become the only significant agricultural state that does not have an Agricultural Research Service research unit; and

whereas, There are no existing research units capable of filling the loss created by closing the Nevada unit; now, therefore, be it

resolved by the assembly and senate of the state of nevada, jointly, That the members of the 68th session of the Nevada Legislature urge the Secretary of Agriculture to maintain funding in the fiscal year beginning on October 1, 1995, for the Conservation Biology of Rangelands Research Unit of the Agricultural Research Service, USDA, in the State of Nevada; and be it further

resolved, That Congress is hereby urged to appropriate money for the fiscal year beginning on October 1, 1995, for the Conservation Biology of Rangelands Research Unit of the Agricultural Research Service, USDA, in 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 Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of Agriculture, the Chairmen of the Senate Committee on Appropriations, the Subcommittee on Agriculture, Rural Development and Related Agencies of the Senate Committee on Appropriations, the House Appropriations Committee and the House Subcommittee on Agricultural Appropriations and each member of the Nevada Congressional Delegation; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3020 (FILE NUMBER 147, AJR 41)ê

Agencies of the Senate Committee on Appropriations, the House Appropriations Committee and the House Subcommittee on Agricultural Appropriations and each member of the Nevada Congressional Delegation; and be it further

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

________

FILE NUMBER 148, AJR 33

Assembly Joint Resolution No. 33–Assemblymen Anderson, Goldwater, Fettic, Ohrenschall, Arberry, Perkins, Price, Williams, Schneider, Segerblom, Carpenter, Neighbors, de Braga, Evans, Brower, Spitler, Chowning, Close, Giunchigliani and Bache

FILE NUMBER 148

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to revise the provisions governing 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, 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, removed or otherwise disciplined by the commission on judicial discipline. [A] Pursuant to rules governing appeals adopted by the supreme court, 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 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:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3021 (FILE NUMBER 148, AJR 33)ê

(a)] The legislature shall establish:

(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;

(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;

(d) The confidentiality or nonconfidentiality, as appropriate, of [all] proceedings before the commission, except that, in any event, 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. The supreme court shall adopt a code of judicial conduct.

7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

8. 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]

9. Any matter relating to the fitness of a justice or judge [.] may be brought to the attention of the commission by any person or on the motion of the commission. 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.] 10. 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.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3022 (FILE NUMBER 148, AJR 33)ê

is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

[9.] 11. 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.

________

FILE NUMBER 149, ACR 7

Assembly Concurrent Resolution No. 7–Assemblyman Spitler

FILE NUMBER 149

ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 68th legislative session to establish a waiting period for voting on the general appropriation bill.

resolved by the assembly of the state of nevada, the senate concurring, That the Joint Rules of the Senate and Assembly as adopted by the 68th session of the Legislature are amended by the following addition:

VOTE ON GENERAL APPROPRIATION BILL

A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its house of origin.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3023ê

FILE NUMBER 150, SCR 61

Senate Concurrent Resolution No. 61–Senators Porter, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 150

SENATE CONCURRENT RESOLUTION–Commending Dr. Kenny C. Guinn for his distinguished career as a leader in education and the business community.

whereas, Dr. Kenny C. Guinn began his distinguished career as a leader in education in 1964 when he was employed as the Planning Director for the Clark County School District; and

whereas, In 1969, Dr. Guinn became the Superintendent of the Clark County School District, which is one of the largest school districts in the United States; and

whereas, In 1978, Dr. Guinn resigned as Superintendent of the Clark County School District to begin working in the business community; and

whereas, Within 10 years, Dr. Guinn had served as the President, Chairman of the Board and Chief Executive Officer of PriMerit Bank, as Chairman of the Board of Southwest Gas Corporation, as a past Chairman and former member of the Executive Committee of the Nevada Development Authority and as Chairman of the Las Vegas Metropolitan Police Committee on Fiscal Affairs; and

whereas, Dr. Guinn was uniquely qualified by virtue of his professional experience and abilities to assume leadership of the University of Nevada, Las Vegas, as its interim President in May 1994; and

whereas, Dr. Guinn altruistically assumed this great challenge and responsibility for an annual salary of only $1 and donated the remainder of his salary to the general scholarship fund; and

whereas, While serving as interim President of the University of Nevada, Las Vegas, Dr. Guinn tackled difficult and controversial issues, including working for the sound fiscal management of the University, initiating the development of a new financial management system and providing leadership during the transitional period of the basketball program within the Department of Intercollegiate Athletics; and

whereas, Dr. Guinn has devoted many hours working with the Nevada Legislature to provide necessary information during the intense budget negotiations to secure a fair and equitable allocation of money for the University of Nevada, Las Vegas; and

whereas, Dr. Guinn has provided solid leadership and created a stable foundation of academic excellence and athletic prowess for the University of Nevada, Las Vegas, while serving as the interim President; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature do hereby commend Dr. Guinn for his years of dedicated service to the business community of Las Vegas and for his efforts to improve the educational systems in Clark County; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3024 (FILE NUMBER 150, SCR 61)ê

resolved, That because of Dr. Guinn’s dedication and extraordinary willingness to volunteer his time while serving as interim President of the University of Nevada, Las Vegas, the faculty and students of the University have benefited from his generosity, knowledge and leadership abilities; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Kenny C. Guinn.

________

FILE NUMBER 151, AJR 38

Assembly Joint Resolution No. 38–Committee on Judiciary

FILE NUMBER 151

ASSEMBLY JOINT RESOLUTION–Urging Congress to require an application for a passport for a child to be signed by both parents under certain circumstances.

whereas, A parent who disagrees with a court’s decision relating to the custody of his child may choose to leave the United States with that child; and

whereas, International cases of parental abduction of children have increased dramatically; and

whereas, Since 1977, The Office of Children’s Issues of the United States Department of State has been notified in the cases of approximately 7,000 American children who were abducted from the United States or prevented from returning to the United States by one of their parents; and

whereas, The Office of Children’s Issues has more than 1,200 unresolved cases of international abduction of children on file; and

whereas, The United States Department of State is not authorized to intervene in the private legal matters of parents or to enforce an agreement relating to the custody of a child who is living with a parent outside the United States; 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 would require that any application for a passport for a child under the age of 16 years must be signed by:

1. Both parents, if the parents and the child live together;

2. The parent or parents who has been awarded custody of the child; or

3. The surviving parent, if a parent is deceased;

and be it further

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

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3025ê

FILE NUMBER 152, ACR 42

Assembly Concurrent Resolution No. 42–Committee on Education

FILE NUMBER 152

ASSEMBLY CONCURRENT RESOLUTION–Urging each school district and the Board of Regents of the University of Nevada to develop and provide training regarding child abuse.

whereas, Incidents of child abuse are becoming more frequent in Nevada; and

whereas, Child abuse may include mental abuse as well as physical abuse; and

whereas, Often, the symptoms of child abuse may not be easily recognized; and

whereas, Licensed personnel of school districts are required by law to report suspected child abuse; and

whereas, Training in the techniques and procedures for recognizing and reporting child abuse is not consistently and readily available; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That each school district in the State of Nevada is hereby urged to develop and provide training in the techniques and procedures for recognizing and reporting child abuse; and be it further

resolved, That licensed personnel of school districts are urged to participate actively in any such training provided; and be it further

resolved, That the University and Community College System of Nevada is urged to incorporate courses in the techniques and procedures for recognizing and reporting child abuse into their programs for teacher preparation; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the superintendent of each school district in this state and the Board of Regents of the University of Nevada.

________

FILE NUMBER 153, ACR 46

Assembly Concurrent Resolution No. 46–Committee on Natural Resources, Agriculture and Mining

FILE NUMBER 153

ASSEMBLY CONCURRENT RESOLUTION–Urging the Division of Wildlife of the State Department of Conservation and Natural Resources to prepare a statewide elk management plan.

whereas, One hundred years ago, elk were virtually nonexistent in the State of Nevada; and

whereas, Today, there are at least six elk herds in Nevada located in the areas of Charleston Peak, Jarbidge, Mount Wilson, Schell Creek, Table Mountain and Wells, and the number of elk in these herds is increasing; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3026 (FILE NUMBER 153, ACR 46)ê

whereas, Elk have substantial esthetic, economic, educational, recreational and scientific value to the residents of Nevada; and

whereas, Elk are very adaptable animals who often migrate to new territory with the potential to cause conflicts with other wildlife, agriculture and private property; and

whereas, Elk habitat includes large areas of public and private land within this state and elk which are introduced onto public land may cause damage to adjacent private land or compete for forage with livestock grazing on private land; and

whereas, Elk herds that exceed the carrying capacity of the habitat may degrade that habitat, especially in combination with other animals, including wild horses, using the same habitat; and

whereas, While the program to issue compensation tags for damage to property by deer and antelope has been determined to be successful, there is no analogous program for damage to property caused by elk; and

whereas, Although the Nevada Revised Statutes includes provisions to compensate property owners for damage caused by elk, there is no comprehensive statewide plan to manage elk for the maximum benefit of the residents of Nevada; 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 Division of Wildlife of the State Department of Conservation and Natural Resources to prepare, by July 1, 1997, a statewide elk management plan for approval by the Board of Wildlife Commissioners; and be it further

resolved, That in preparing the plan, the Division of Wildlife of the State Department of Conservation and Natural Resources and the Board of Wildlife Commissioners should consult with state and federal land managers, private landowners, sportsmen, ranchers, conservation groups and all other interested and affected persons and give full consideration to balancing their needs and interests; and be it further

resolved, That the plan should include:

1. An assessment of current conditions including all available information on the quality and quantity of elk habitat and the carrying capacity, ownership and uses of the range which is populated by elk herds;

2. Based on the information gained in subsection 1, subplans for each herd or other appropriate subdivision, which should identify population goals and management techniques to achieve and maintain those goals;

3. A statement of goals, objectives and policies for the overall management of the elk herds in Nevada;

4. Specific guidelines which address methods to achieve those goals, objectives and policies; and

5. Procedures for evaluating and modifying the plan on an annual basis; and be it further

resolved, That in the development of management techniques to balance the interests of all affected persons and achieve and maintain elk population goals, the Division of Wildlife of the State Department of Conservation and Natural Resources should give full consideration to the selective use of damage compensation tags; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3027 (FILE NUMBER 153, ACR 46)ê

resolved, That the Division of Wildlife of the State Department of Conservation and Natural Resources and the Board of Wildlife Commissioners shall report their progress, problems and any recommended solutions in the preparation of the statewide plan for the management of elk in Nevada to the 69th session of the Nevada Legislature and shall report on the progress of the implementation of the plan to the 70th 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 Chairman of the Board of Wildlife Commissioners, the Director of the State Department of Conservation and Natural Resources and the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.

________

FILE NUMBER 154, ACR 50

Assembly Concurrent Resolution No. 50–Assemblymen Krenzer, Freeman, Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 154

ASSEMBLY CONCURRENT RESOLUTION–Commending the Junior League of Las Vegas for pursuing issues related to children.

whereas, The Junior League of Las Vegas is an affiliate of the Association of Junior Leagues International, established in New York City in 1901; and

whereas, The Junior League is an organization dedicated to volunteerism and improving the community through the effective action and leadership of trained volunteers; and

whereas, The Junior League of Las Vegas is committed to identifying and addressing the needs of the children of Nevada; and

whereas, The 1995 publication of the Junior League of Las Vegas titled Focus on Nevada’s Children reveals through alarming statistics the critical problems of poverty, abuse and inadequate health care and education affecting the children of Nevada; and

whereas, The Junior League of Las Vegas reports that the infant mortality rate in Nevada rose from 8.5 deaths per 1,000 live births in 1985 to 9.2 deaths per 1,000 live births in 1991, while the national infant mortality rate fell from 10.6 to 8.9 deaths per 1,000 live births for the same period; and

whereas, The Junior League of Las Vegas reports that Nevada ranks 50th in the nation in the amount of money spent on preschool education and that Nevada ranks 35th in the nation in spending per pupil enrolled in public schools; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3028 (FILE NUMBER 154, ACR 50)ê

whereas, The Junior League of Las Vegas reports that almost 54 percent of children 2 years of age in Nevada were not fully immunized in 1992; and

whereas, The Junior League of Las Vegas reports that the pregnancy rate of teenagers in Nevada is the second highest in the nation and that teenagers in Nevada attempt suicide at a rate twice the national average; and

whereas, The Junior League of Las Vegas, through its publication of Focus on Nevada’s Children and its service to the community, has both publicized the problems confronting the children of Nevada and labored to alleviate them; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Junior League of Las Vegas are hereby commended for their commitment to children’s issues and for bringing children’s issues into the public forum; and be it further

resolved, That the members of the 68th session of the Nevada Legislature recognize that the welfare of the children of Nevada is of the utmost importance to the future of our society; and be it further

resolved, That the members of the 68th session of the Nevada Legislature recognize the need to address the critical problems of poverty, abuse and inadequate health care and education encountered by an alarming number of children in Nevada; and be it further

resolved, That the members of the 68th session of the Nevada Legislature recognize that to address the critical problems facing the children of Nevada it is necessary to build strong families through the education of parents about parenting skills and the prevention of abuse and to strengthen existing laws and policies that protect children from abuse; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Junior League of Las Vegas.

________

FILE NUMBER 155, ACR 51

Assembly Concurrent Resolution No. 51–Committee on Elections and Procedures

FILE NUMBER 155

ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 68th session of the Nevada Legislature.

whereas, The members of the 68th session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and

whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 68th session; and

whereas, A reasonable compensation should be provided for the clergy who performed 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 68th session of the Nevada Legislature.

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3029 (FILE NUMBER 155, ACR 51)ê

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 68th session of the Nevada Legislature.

________

FILE NUMBER 156, ACR 52

Assembly Concurrent Resolution No. 52–Assemblymen Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 156

ASSEMBLY CONCURRENT RESOLUTION–Commending the Chief and staff of the State Printing and Micrographics Division of the Department of Administration for services rendered to the Nevada Legislature.

whereas, The 68th session of the Nevada Legislature created an overwhelming number of bills and amendments during this legislative session, requiring the Chief and staff of the State Printing and Micrographics Division of the Department of Administration 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 Chief and his excellent staff devoted to every assignment given to them; and

whereas, In the absence of such outstanding service, the Legislature could not function or fulfill its obligations to the people of this state; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the 68th session of the Nevada Legislature hereby express their appreciation and commend the Chief and members of the staff of the State Printing and Micrographics Division of the Department of Administration for their fine work; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., the Chief of the State Printing and Micrographics Division of the Department of Administration.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3030ê

FILE NUMBER 157, SCR 32

Senate Concurrent Resolution No. 32–Committee on Taxation

FILE NUMBER 157

SENATE CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 68th legislative session to require standing committees that review the budgets of state agencies to require certain agencies to deposit revenue within a certain time after receipt when practicable.

USE OF LOCK BOXES BY STATE AGENCIES

To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.

________

FILE NUMBER 158, SCR 60

Senate Concurrent Resolution No. 60–Committee on Transportation

FILE NUMBER 158

SENATE CONCURRENT RESOLUTION–Directing the Department of Motor Vehicles and Public Safety and the Public Service Commission of Nevada jointly to study the regulation of the transporting of hazardous materials over Hoover Dam, and directing the Department of Transportation to study the feasibility of prohibiting the flow of commercial traffic over Hoover Dam.

whereas, Heavy commercial traffic flow on U.S. Highway No. 93 over Hoover Dam and through Boulder City has resulted in significant increases in the level of air and water pollution and the number of traffic accidents in the area; and

whereas, A study cited by the Las Vegas Sun on November 11, 1991, indicated that an average of 1,434 tons of hazardous materials, including gasoline, diesel fuel, hydrochloric acid, cyanide and chlorine, are transported daily over Hoover Dam and through Boulder City; and

whereas, Such a heavy flow of large trucks transporting highly flammable and hazardous materials significantly increases the chances that a major accident could occur near Hoover Dam or Boulder City; now, therefore, be it

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3031 (FILE NUMBER 158, SCR 60)ê

resolved by the senate of the state of nevada, the assembly concurring, That the Legislature hereby directs the Department of Motor Vehicles and Public Safety and the Public Service Commission of Nevada jointly to conduct a study of the current regulations governing the transportation of hazardous materials from Arizona into Nevada by way of U.S. Highway No. 93 over Hoover Dam, including the fees charged for the transportation of such materials and the feasibility of increasing those fees; and be it further

resolved, That the Legislature hereby directs the Department of Transportation to conduct a study regarding:

1. The feasibility of prohibiting all commercial trucks which enter this state from Arizona from traveling on U.S. Highway No. 93 between Hoover Dam and Boulder City; and

2. Methods of financing road and highway construction projects to divert commercial traffic from traveling over Hoover Dam, including the issuance of bonds;

and be it further

resolved, That the Legislature hereby directs the Department of Motor Vehicles and Public Safety and the Public Service Commission of Nevada, jointly, and the Department of Transportation to submit the results of their respective studies to the Director of the Legislative Counsel Bureau for transmittal to the 69th session of the 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 Motor Vehicles and Public Safety, the Chairman of the Public Service Commission of Nevada and the Director of the Department of Transportation.

________

FILE NUMBER 159, SCR 62

Senate Concurrent Resolution No. 62–Senators Washington, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus and Townsend

FILE NUMBER 159

SENATE CONCURRENT RESOLUTION–Commending Arlene Hayes for her courage and efforts to support victims of violent crime.

whereas, Arlene Hayes was born in Bolton, Mississippi, and moved to Las Vegas in 1960 with her husband, Bernard Hayes, and their son, Reginald; and

whereas, While living in Las Vegas, the Hayes family increased with the births of sons Gregory and Derrick, and the future was looking bright for the Hayes family; and

whereas, Then, on December 8, 1969, in a racially motivated act of violence, Bernard Hayes was shot 11 times and killed, forever changing the lives of Arlene Hayes and her three sons as they were instantly deprived of a loving and devoted father; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3032 (FILE NUMBER 159, SCR 62)ê

whereas, Arlene Hayes, with the “feistiness” that is the trademark of her life, returned to school at the University of Nevada, Las Vegas, and graduated with a degree in Business Administration, in spite of continued threats from her husband’s murderer; and

whereas, Arlene Hayes, with great courage and dignity, continued as a single parent to raise her children and did her best to provide them with the emotional and financial support which had been taken from them with the heinous murder of their father; and

whereas, On August 25, 1993, another heartrending tragedy struck the Hayes family when Gregory Hayes, while playing basketball, was shot and killed by an assailant who was on house arrest for armed robbery; and

whereas, The reason given by the assailant for the attack was that Gregory Hayes had blocked his basketball shot; and

whereas, With this second tragic death, Arlene Hayes declared, “No More!” and with that same fierce determination that had enabled her to keep her family together following the murder of her husband, Arlene Hayes became an outspoken proponent of the right of victims of violent crime and their families to be heard and considered during the sentencing process; and

whereas, In an effort to give representation to victims of crime everywhere concerning the injustices of the present judicial system, Arlene Hayes has traveled great distances at her own expense as a member of the organization, “Families of Murder Victims”; and

whereas, Arlene Hayes, in spite of overwhelming physical difficulties, has become a persuasive and outspoken advocate for justice on behalf of those persons whose voices have been silenced and whose families have been destroyed by violent crime; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the members of the 68th session of the Nevada Legislature commend Arlene Hayes for her courageous voice and unrelenting resolve to assure justice for victims of violent crime and their families; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to a remarkable lady, Arlene Hayes.

________

FILE NUMBER 160, SR 13

Senate Resolution No. 13–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington

FILE NUMBER 160

SENATE RESOLUTION–Expressing appreciation to honorary “Senate Housemother” Sharon Shaffer.

whereas, Sharon Shaffer has tirelessly prepared lunches for legislators and staff during the long legislative sessions; and

whereas, St. Patrick’s Day is always looked forward to with anticipation for the delicious corned beef and cabbage prepared by Sharon Shaffer; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3033 (FILE NUMBER 160, SR 13)ê

whereas, For the past several sessions, Sharon Shaffer has periodically opened her now famous “soup kitchen”; and

whereas, Sharon’s meals have gained her the reputation of preparing the best home cooking for miles around; and

whereas, Everyone’s sweet tooth is always satisfied by Sharon Shaffer and she is often referred to as the “Queen of the Jolly Ranchers”; and

whereas, Sharon’s culinary panache enlivens every holiday and festive occasion; now, therefore, be it

resolved by the senate of the state of nevada, That the members of the Senate of the 68th session of the Nevada Legislature express their sincere appreciation to Sharon Shaffer for her kindness and generosity as she continues to provide her gourmet delights for legislators and staff as they work through the final days of this legislative session; and be it further

resolved, That the honorary title of “Senate Housemother” is hereby affectionately bestowed upon Sharon Shaffer; and be it further

resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Sharon Shaffer.

________

FILE NUMBER 161, SCR 30

Senate Concurrent Resolution No. 30–Senator Porter

FILE NUMBER 161

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the feasibility of reconfiguring the structure of school districts in this state.

whereas, Public education plays a crucial role in producing well-informed, educated and productive members of society; and

whereas, The system of public education in Nevada is organized by county school districts, the boundaries of which are coterminous with the boundaries of the counties of the state; and

whereas, In 1994, the United States Department of Education published the results of a survey based on the enrollment records of schools in 1991, which ranked the Clark County School District as the 12th largest in the nation and the Washoe County School District as the 99th largest in the nation; and

whereas, The Clark County School District accounts for 62 percent of the pupils within the state and the Washoe County School District accounts for 18 percent of the pupils within the state; and

whereas, The unique geography of the state has resulted in the concentration of some schools and pupils at locations that are considerably distant from the administrative offices of the various school districts; and

whereas, Reconfiguring the structure of school districts may allow the school system in this state to be more responsive to the concerns of the residents of Nevada regarding education; now, therefore, be it

resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to enter into a contract with at least one qualified, independent, nationally recognized consultant to conduct an interim study of the feasibility of reconfiguring the structure of school districts in this state; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3034 (FILE NUMBER 161, SCR 30)ê

contract with at least one qualified, independent, nationally recognized consultant to conduct an interim study of the feasibility of reconfiguring the structure of school districts in this state; and be it further

resolved, That the Legislative Commission shall appoint a subcommittee composed of four members of the Senate and four members of the Assembly to oversee the interim study conducted by the consultant; and be it further

resolved, That the Legislative Commission may, at the request of the subcommittee, appoint an advisory group to provide technical expertise to the Legislative Commission or the consultant regarding the reconfiguration of the structure of the school districts in this state and to assist the subcommittee in its efforts; and be it further

resolved, That the scope of the study, which must be conducted within the confines and structure of the Nevada plan, as set forth in NRS 387.121, must include an analysis of:

1. Any alternatives for the organization of school districts;

2. Any financial, tax, legal, social and geographical considerations regarding those organizational alternatives; and

3. Any actions necessary to carry out those organizational alternatives; and be it further

resolved, That any recommendations for legislation resulting from the study must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to conduct the study; and be it further

resolved, That the Legislative Commission submit a report of its findings and any recommendations for legislation to the 69th session of the Nevada Legislature.

________

FILE NUMBER 162, SCR 40

Senate Concurrent Resolution No. 40–Committee on Government Affairs

FILE NUMBER 162

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the laws of this state relating to the distribution among local governments of revenue from state and local taxes.

whereas, Nevada is a dynamic state with a growing population and a diverse economic base; and

whereas, Regional differences in the local economies of this state directly affect the population and economic growth throughout the state; and

whereas, The increase in population and the growth in the state’s economy has created a tremendous strain on the local governments as those governments attempt to address the demands of this growth; and

whereas, Often the creation of additional governmental entities is required to accommodate the population and economic growth and alleviate the strain on the existing local governments; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3035 (FILE NUMBER 162, SCR 40)ê

whereas, The present laws relating to the distribution of revenue generated by state and local taxes are inadequate to meet the demands created by this growth; and

whereas, Because of the inadequacies of the laws relating to the distribution of that revenue, local governments often must compete against each other for the available revenue rather than cooperating with each other to meet the demands that the population and economic growth create; 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 laws relating to the distribution among local governments of revenue from state and local taxes; and be it further

resolved, That the Legislative Commission shall appoint a subcommittee consisting of:

1. Two members of the Senate Standing Committee on Government Affairs;

2. Two members of the Senate Standing Committee on Taxation;

3. Two members of the Assembly Standing Committee on Government Affairs; and

4. Two members of the Assembly Standing Committee on Taxation;

and be it further

resolved, That the study must include, without limitation, an examination of the laws relating to the distribution of revenue from:

1. The local school support tax imposed pursuant to chapter 374 of NRS;

2. The tax on aviation fuel and fuel for motor vehicles imposed pursuant to chapter 365 of NRS;

3. The tax on fuel imposed pursuant to chapter 373 of NRS;

4. The tax on intoxicating liquor imposed pursuant to chapter 369 of NRS;

5. The tax on tobacco imposed pursuant to chapter 370 of NRS;

6. The vehicle privilege tax imposed pursuant to chapter 371 of NRS;

7. The tax imposed on gaming licenses pursuant to chapter 463 of NRS; and

8. The tax on the transfer of real property imposed pursuant to chapter 375 of NRS;

and be it further

resolved, That the Legislative Commission shall designate a chairman of the subcommittee from among the members of the Senate appointed to the subcommittee; and be it further

resolved, That the subcommittee shall meet at least six times during the interim and consult with an advisory committee consisting of the Executive Director of the Department of Taxation and 8 members that are representative of various geographical areas of the state and are appointed by the Legislative Commission as follows:

1. Two members of the Local Governmental Advisory Committee created pursuant to NRS 266.0165;

2. Three members involved in the government of a county; and

3. Three members involved in the government of an incorporated city;

and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3036 (FILE NUMBER 162, SCR 40)ê

resolved, That the members of the advisory committee serve without compensation, per diem allowance, travel expenses or other reimbursement; and be it further

resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further

resolved, That the Legislative Commission shall submit a report of the findings of the subcommittee and any recommendations for legislation to the 69th session of the Nevada Legislature.

________

FILE NUMBER 163, SCR 52

Senate Concurrent Resolution No. 52–Committee on Finance

FILE NUMBER 163

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the system of parole and probation within the State of Nevada.

whereas, It has become apparent in recent months that the current standards used to determine whether an offender is eligible for parole or probation need to be reviewed and evaluated; and

whereas, The health, safety and welfare of the residents of the State of Nevada must not be jeopardized in any way by the premature release of dangerous offenders; and

whereas, The entire system of granting parole or probation to offenders has not been examined for many years; 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 system of parole and probation in the State of Nevada; and be it further

resolved, That the study must include:

1. A review and evaluation of the standards used for determining whether an offender is eligible for parole or probation;

2. An evaluation of the supervision of offenders released on parole or probation;

3. Consideration of methods to be used to improve communication between the State Board of Parole Commissioners, the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety, local law enforcement agencies and other personnel who supervise offenders who have been released;

4. An analysis of the qualifications of members of the State Board of Parole Commissioners, the parole and probation officers and the personnel involved in the support of offenders who have been released;

5. A determination of the data processing system and personnel necessary to supervise offenders effectively on parole or probation; and

6. An analysis of how the rate of parole or probation is affected by budgetary limitations;

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3037 (FILE NUMBER 163, SCR 52)ê

and be it further

resolved, That the Legislative Commission shall appoint an advisory committee to assist the interim study committee consisting of representatives of the State Board of Parole Commissioners, the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety, law enforcement agencies and the prison system; and be it further

resolved, That the Legislative Commission report the results of its study and any recommended legislation to the 69th session of the Nevada Legislature.

________

FILE NUMBER 164, SCR 59

Senate Concurrent Resolution No. 59–Committee on Judiciary

FILE NUMBER 164

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the treatment of mentally ill offenders in the criminal justice system.

whereas, A large percentage of offenders in Nevada prisons were convicted of offenses relating to sexually deviant behavior; and

whereas, Many of these same offenders have been diagnosed as mentally ill; and

whereas, To avoid recidivism upon their release into society, they must receive appropriate punishment as well as adequate treatment while fulfilling their sentences; 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 punishment of and treatment provided for mentally ill offenders in the criminal justice system, with an emphasis on those offenders who were convicted of offenses involving sexually deviant behavior; and be it further

resolved, That the study must include:

1. An evaluation of the effectiveness of the current programs for treatment provided for mentally ill offenders in the criminal justice system;

2. A survey of treatment programs used in states other than Nevada;

3. The rate of recidivism of those offenders who have been convicted of offenses involving sexually deviant behavior and who received the current treatment before their release;

4. An analysis of the cost, length of treatment and expected results of the different types of treatment programs which are currently available but not used in Nevada; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3038 (FILE NUMBER 164, SCR 59)ê

5. A consideration of any other matters deemed relevant to the punishment of and treatment provided for mentally ill offenders and the criminally insane;

and be it further

resolved, That no action may be taken by the study committee on recommended legislation unless it receives a majority vote of the senators on the committee and a majority vote of the assemblymen on the committee; and be it further

resolved, That the results of the study and any recommended legislation be reported to the 69th session of the Nevada Legislature.

________

FILE NUMBER 165, AR 15

Assembly Resolution No. 15–Assemblymen Allard, Anderson, Arberry, Bache, Batten, Bennett, Braunlin, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Lambert, Manendo, Marvel, Monaghan, Neighbors, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple and Williams

FILE NUMBER 165

ASSEMBLY RESOLUTION–Expressing appreciation to the Chief Clerk and the staff of the front desk of the Assembly for their dedication and outstanding performance.

whereas, The exceptional abilities of the Chief Clerk and her staff on the front desk of the Assembly have contributed immensely to the speed and efficiency of the legislative process during the 68th session of the Nevada Legislature; and

whereas, The demands placed on the front desk have required the Chief Clerk and her staff to work long hours to complete their work in a timely manner; and

whereas, Such cooperation and dedication is admired and greatly appreciated by the members of the Assembly; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the Assembly of the 68th session of the Nevada Legislature do hereby express their appreciation and commend Chief Clerk Mouryne Landing and the staff of the front desk of the Assembly which includes Carol Moore, Assistant Chief Clerk, Lucinda Benjamin, History Clerk, Linda Alden, Journal Clerk, and Donna Schumacher, Minute Clerk, for their outstanding performance, professional demeanor and contributions made, to ensure a successful and orderly Legislative session; and be it further

resolved, That the Legislative Counsel prepare and transmit a copy of this resolution to the Chief Clerk of the Assembly and each member of the staff of the front desk of the Assembly of the Nevada Legislature.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3039ê

FILE NUMBER 166, AR 16

Assembly Resolution No. 16–Committee on Elections and Procedures

FILE NUMBER 166

ASSEMBLY RESOLUTION–Commending certain attaches of the Assembly for their dedicated service during the 68th session of the Nevada Legislature.

whereas, Every 2 years, the Nevada Legislature undertakes an enormous task and must depend on its staff to assist the members in the performance of their legislative duties on behalf of the residents of the State of Nevada; and

whereas, The smooth and efficient operation of the Legislature is largely dependent on the quality and dedication of its staff; and

whereas, The 21-21 party split this session led to a unique sharing of leadership responsibilities which magnified the necessity for full cooperation and coordination by all staff members; and

whereas, The bill clerks, secretaries, sergeants at arms, the clerical and support staff who serve as attaches of the Assembly have worked diligently and efficiently in their service to members of this body; and

whereas, The bill clerks, arriving at 5 a.m., or earlier, have worked their magic this session without being seen or acknowledged, even though their absence would be noticed immediately; and

whereas, The secretaries and other clerical support have kept minutes, listened to constituents, written letters, organized the offices of legislators and performed countless other important tasks necessary to the operation of this Legislature; and

whereas, The sergeant at arms and his staff have pleasantly performed errands, poured coffee, delivered messages and organized the daily files of the Assembly; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the Assembly of the 68th session of the Nevada Legislature commend and thank Betty Day, Cindy Southerland, Kelly Christie, Maria Kelderman, Laverna Marwin, Carolyn Maynick, Jason Hataway, Emily Nelson, Terry Sullivan, Rebecca Lawson, Joe Crawford, Nicole Geissler, Michael Wiese, Vicki Shell, Barbara Moss, Marci Wehry, Christine Shaw, Iris Bellinger, Jennifer Carnahan, Janine Sprout, Barbara Prudic, Nykki Kinsley, Bobbie Mikesell, Sara Kaufman, Kelly Liston, Denise Sins, Joi Davis, Patricia Hicks, Jacque Sneddon, Pat Menath, Carolyn Grabski, Jackie Valley, Linda Corbett, Yhvona Martin, Dale Gray, Jonnie Sue Hansen, Susan Hult, Deborah Salaber, Kathleen Day, Irene Davis, Carol Dickerson, Cecilia Hackman, Donna Hancock, Frances Hill, Theresa Horgan, Sylvia Mays, Barbara Pryor, Mary Sitts, Marlene Staub, Stephen Thompson, Bonnie Borda, Ellen Hanners, Dyan Merritt, Sally Dunfield, Mary Carel, Ed Cordisco, Jr., Melvin Cowperthwaite, Lois LaHair, Martha Laird, Kevin Magrane, Ronald Marwin, Reid Meyer, Barbara Morgan, Bob Peterson, Mike Pintar, Shanna Pozzi, Mary Rasmussen, Frank Richer, Mary Smith and Robert Evans.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3040ê

FILE NUMBER 167, AR 17

Assembly Resolution No. 17–Assemblymen Freeman, Segerblom, de Braga, Steel, Braunlin, Ohrenschall, Krenzer, Stroth, Giunchigliani, Lambert, Monaghan, Chowning, Tripple, Brower and Buckley

FILE NUMBER 167

ASSEMBLY RESOLUTION–Commending the Speakers pro Tempore of the 68th session of the Nevada Legislature for their service.

whereas, It is customary that the members of the Assembly elect a Speaker pro Tempore to preside in the temporary absence of the Speaker and serve as a part of the leadership of the Assembly; and

whereas, The equal division between the parties this session led to a unique sharing of leadership responsibilities and the election of two women to serve as Speakers pro Tempore; and

whereas, Jan Evans and Sandra Tiffany each brought to the office a refreshing perspective to complement the traditional notions of legislative leadership; and

whereas, Their individual service at the podium when presiding over the Assembly was efficient and effective, even when they served at a moment’s notice; and

whereas, The importance of their additional contributions to the legislative process is not diminished by the fact that much of the work done by these strong leaders was accomplished quietly and without public recognition; and

whereas, The strength, compassion and commitment of these two Assemblywomen to the legislative process and the residents of this state must be recognized and commended; now, therefore, be it

resolved by the assembly of the state of nevada, That the members of the Assembly of the 68th session of the Nevada Legislature commend and extend their sincere thanks to Jan Evans and Sandra Tiffany for their dedicated and effective service as Speakers pro Tempore; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jan Evans and Sandra Tiffany.

________

FILE NUMBER 168, ACR 31

Assembly Concurrent Resolution No. 31–Committee on Transportation

FILE NUMBER 168

ASSEMBLY CONCURRENT RESOLUTION–Expressing support for programs to mitigate traffic noise.

whereas, The section of U.S. Highway No. 395 between Oddie Boulevard and the junction with Interstate Highway No. 80 in Reno is one of the busiest roads in the State of Nevada; and

whereas, Many residents of neighborhoods on the west side of this highway purchased their homes before the freeway was built or before the traffic reached its current volume; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3041 (FILE NUMBER 168, ACR 31)ê

whereas, No effort was made to mitigate traffic noise at the time this freeway was constructed; and

whereas, This noise seriously interferes with the ability of these residents to sleep, work and enjoy family activities; and

whereas, Residents of this neighborhood have petitioned the Nevada Legislature for relief; and

whereas, Nevada’s Department of Transportation is planning to undertake an experimental program for the abatement of traffic noise; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature express their support for programs to mitigate traffic noise and urge the Board of Directors of the Nevada Department of Transportation to select the section of U.S. Highway No. 395 between Oddie Boulevard and the junction with Interstate Highway No. 80 in Reno as a site for one of its first experimental programs; and be it further

resolved, That the members of the Nevada Legislature urge Nevada’s local governmental officials to evaluate the potential for traffic noise before approving residential development in close proximity to major roads and highways, especially freeways and expressways; and be it further

resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Board of Directors of the Nevada Department of Transportation and the governing body of each city and county in Nevada.

________

FILE NUMBER 169, ACR 53

Assembly Concurrent Resolution No. 53–Committee on Elections and Procedures

FILE NUMBER 169

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 69th session of the Nevada Legislature.

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Counsel shall, except as otherwise provided by specific statute, honor only the number of requests for the drafting of a bill or a resolution for the 1997 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 1997 session begins; and be it further

resolved, That each incumbent or newly elected Senator is entitled to request 20 measures before the 1997 session begins; and be it further

resolved, That the chairman of each standing committee of the Senate for the 1995 legislative session, or a person designated in the place of the chairman by the Majority Leader of the Senate, is additionally entitled to request before the 1997 session 1 measure for introduction by the committee in a subject within the jurisdiction of the committee, determined pursuant to Rule 40 of the Senate Standing Rules for the 1995 session, for every 15 measures that were referred to the respective standing committee during the 1995 session; and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3042 (FILE NUMBER 169, ACR 53)ê

in a subject within the jurisdiction of the committee, determined pursuant to Rule 40 of the Senate Standing Rules for the 1995 session, for every 15 measures that were referred to the respective standing committee during the 1995 session; and be it further

resolved, That a person designated after the general election in 1996 as a chairman of a standing committee of the Senate for the 1997 session, or a person designated in the place of a chairman by the person designated as the Majority Leader of the Senate for the 1997 session, is entitled to request the remaining number of the measures allowed for the respective standing committee that were not requested by the previous chairman or designee; and be it further

resolved, That each of the two chairmen of each standing committee of the Assembly for the 1995 legislative session, or a person designated in the place of a chairman by a Speaker of the Assembly, is additionally entitled to request before the 1997 session 1 measure for introduction by the committee in a subject within the jurisdiction of the committee, determined pursuant to the guidelines of the Assembly for the referral of measures to standing committees during the 1995 session, for every 30 measures that were referred to the respective standing committee during the 1995 session; and be it further

resolved, That a person designated after the general election in 1996 as:

1. A sole chairman of a standing committee of the Assembly for the 1997 session, or a person designated in the place of the chairman by the person designated as the Speaker of the Assembly for the 1997 session, is entitled to request the remaining number of the measures cumulatively allowed for the previous two chairmen of the respective standing committee that were not requested by the previous chairmen or designees; or

2. One of the two chairmen of a standing committee of the Assembly for the 1997 session, or a person designated in the place of a chairman by a person designated as a Speaker of the Assembly for the 1997 session, is entitled to request half of the remaining number of the measures cumulatively allowed for the previous two chairmen of the respective standing committee that were not requested by the previous chairmen or designees;

and be it further

resolved, That the Governor or his designated representative is entitled to transmit to the Legislative Counsel before the 1997 session no more than 250 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...................................................................................... 15

State Treasurer........................................................................................... 5

Lieutenant Governor................................................................................. 2 and be it further

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3043 (FILE NUMBER 169, ACR 53)ê

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.......................... 20

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 5 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 it 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 it further

resolved, That a committee which conducts an interim legislative study is, except as otherwise provided by specific statute or resolution, entitled to request 10 measures within the scope of the study; and be it further

resolved, That the Secretary of the Senate and the Chief Clerk of the Assembly may request such measures as are necessary or convenient to the proper exercise of their duties; and be it further

resolved, That the Majority Leader of the Senate is entitled to request 16 measures, and the Minority Leader of the Senate is 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 1996 as the Majority Leader of the Senate or the Minority Leader of the Senate for the 1997 session is entitled to request the remaining number of the measures allowed for the respective officer that were not requested by the previous officer; and be it further

resolved, That the two Speakers of the Assembly are each entitled to request 8 measures, and the two Majority Floor Leaders of the Assembly are each entitled to request 5 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 1996 as:

1. The sole Speaker of the Assembly is entitled to request the remaining number of the measures cumulatively allowed for the previous two Speakers of the Assembly that were not requested by those previous officers; or

2. One of the two Speakers of the Assembly is entitled to request half of the remaining number of the measures cumulatively allowed for the previous two Speakers of the Assembly that were not requested by those previous officers;

and be it further

resolved, That a person designated after the general election in 1996 as:

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3044 (FILE NUMBER 169, ACR 53)ê

1. The Minority Leader of the Assembly is entitled to request the remaining number of the measures cumulatively allowed for the previous two Majority Floor Leaders of the Assembly that were not requested by those previous officers; or

2. One of the two Majority Floor Leaders of the Assembly is entitled to request half of the remaining number of the measures cumulatively allowed for the previous two Majority Floor Leaders of the Assembly that were not requested by those previous officers;

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 1997 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 1997 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 1997 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 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.

________

FILE NUMBER 170, ACR 33

Assembly Concurrent Resolution No. 33–Assemblymen Giunchigliani, Freeman, Bache, Monaghan, Manendo, Chowning, Anderson, Perkins, Price, Williams, Schneider, Braunlin, Steel, Goldwater, Bennett, Ohrenschall and Close

FILE NUMBER 170

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study to consider the appropriate division of fiscal responsibility for programs and services between the state and local governments.

whereas, The creation of unfunded mandates by Congress and the shift of fiscal responsibility for previously adopted policies to the states have resulted in increasing requirements upon the state and local governments to create and carry out a variety of programs and services; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3045 (FILE NUMBER 170, ACR 33)ê

whereas, In addition to programs and services mandated by the Federal Government, each session of the Nevada Legislature enacts legislation which requires state agencies and local governments to establish or expand various programs and services; and

whereas, In response to an outcry by local governments against the increasing number of unfunded mandates enacted by the Legislature, NRS 354.599 was amended in 1993 to require that if the Legislature “directs one or more local governments to establish a program or provide a service, or to increase a program or service already established which requires additional funding, a specified source for the additional revenue to pay the expense must be authorized by a specific statute”; and

whereas, The residents of this state are recipients of the benefits of a vast number of necessary governmental programs and services, including the protection provided by police and fire services, provision of health care services, operation of libraries and recreational facilities, inspection of restaurants and buildings and monitoring of the quality of the air and water of the State of Nevada; and

whereas, The benefits derived from the provision of these programs and services enhance the life of each resident of the State of Nevada daily; and

whereas, A comprehensive study is necessary to determine which governmental entity should be responsible for the delivery of the various programs and services currently provided in this state; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study to consider the appropriate division of fiscal responsibility between the state and local governments for funding programs and services; and be it further

resolved, That the study include, but not be limited to:

1. An evaluation of the current division of responsibility between the state and the counties and cities for the delivery of services and programs and a determination of the current assignment of fiscal responsibility for those services and programs.

2. The development of a comprehensive plan and recommendations identifying:

(a) The governmental unit which is best suited to provide the most efficient and responsive delivery and administration of the service or program;

(b) The assignment of fiscal responsibility which recognizes the goal of cost efficiency and includes shared fiscal responsibility, if appropriate; and

(c) A proposed schedule for carrying out any recommendations which change the delegation of delivery of or fiscal responsibility for a service or program;

and be it further

resolved, That the committee to conduct the study consist of:

1. One member of the Senate and one member of the Assembly, appointed by the Legislative Commission, from whom the Legislative Commission shall appoint the chairman of the committee;

2. A representative of the Nevada Association of Counties appointed by the Legislative Commission;

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3046 (FILE NUMBER 170, ACR 33)ê

3. A representative of the Nevada League of Cities appointed by the Legislative Commission; and

4. The director of the department of administration or his designee;

and be it further

resolved, That the members of the committee who are not legislators shall serve without salary, per diem allowance or reimbursement for travel expenses; and be it further

resolved, That any recommended legislation proposed by the committee must be approved by a majority of any members of the Senate and a majority of any members of the Assembly appointed to the committee; and be it further

resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 69th session of the Nevada Legislature.

________

FILE NUMBER 171, ACR 38

Assembly Concurrent Resolution No. 38–Committee on Elections and Procedures

FILE NUMBER 171

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study concerning the management of housing programs in Nevada.

whereas, The shortage of safe, decent, sanitary and affordable housing for low-income and moderate-income families continues to be a problem in Nevada; and

whereas, The housing needs of persons with special needs also are not being fully met; and

whereas, Housing is a fundamental element of a strong economy and it is a basic need within our society; and

whereas, When housing costs become too high, society is impacted in several negative ways, including reduced employment in the construction industry, and increased social welfare and related governmental costs resulting in the impairment of the security of the family structure; and

whereas, The lack of affordable housing is detrimental to this state’s goal of economic diversification and development; and

whereas, It is essential to provide comprehensive housing opportunities with the cooperation of and coordination between the public and private sectors; and

whereas, Within the executive branch of the State of Nevada, three separate departments administer housing or housing-related programs, in addition to two or more multijurisdictional local governmental consortiums; and

whereas, A substantial amount of public money for Nevada’s affordable housing programs is derived from the United States Department of Housing and Urban Development; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3047 (FILE NUMBER 171, ACR 38)ê

whereas, The United States Department of Housing and Urban Development is currently being reorganized and, whether by executive branch initiatives or congressional action, its functions and administrative responsibilities may be severally reduced, and its many housing programs may be cast into a few block grants, requiring the state and local governments to provide for the administration of such money; and

whereas, Administration of the money for affordable housing must be carried out in the most efficient and effective manner possible; and

whereas, The rules and regulations adopted by the United States Department of Housing and Urban Development relating to the requirements for tenants, owners and housing authorities may be eliminated and it will be within the discretion of the state or local governments to adopt appropriate rules and regulations with regard to the constraints of affordable housing programs; and

whereas, Concerns have been voiced regarding the administration of public money for affordable housing and such concerns are best addressed by state legislation and administration; and

whereas, The capacity of a person or family of low income or moderate income to purchase or rent decent, safe and sanitary housing in this state is of grave concern to the Nevada Legislature; now, therefore, be it

resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to appoint an interim committee composed of members of the Senate and members of the Assembly to conduct an interim study concerning the housing programs within this state and develop a comprehensive plan for the coordination, administration and management of these programs; and be it further

resolved, That the Legislative Commission is hereby directed to appoint to the committee the following nonvoting members to assist the committee in an advisory capacity:

1. One member who is a nonprofit developer of housing;

2. One member who represents local government;

3. One member who represents a housing association;

4. One member who represents a program for affordable housing;

5. One member who represents an organization which provides legal services to persons of low income;

6. One member who is a private developer of housing with experience in the development of affordable housing; and

7. One member with experience in the development of housing in rural communities;

and be it further

resolved, That the Legislative Commission may appoint to the committee the following nonvoting members to assist the committee in an advisory capacity.

1. One member who represents financial institutions;

2. One member who is a realtor;

3. One member who represents a low-income housing program sponsored by the Federal Government;

4. One member who lives on a fixed income; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3048 (FILE NUMBER 171, ACR 38)ê

5. One member who represents the Housing Division of the Department of Business and Industry;

and be it further

resolved, That the study include, but not be limited to, an examination, review and evaluation of:

1. The administration of the existing United States Housing and Urban Development programs, including consideration of the management of block grants;

2. To the extent feasible, the consolidation of state housing programs and consideration of the administrative responsibilities of federal programs;

3. Plans for the future which will provide an ample supply of affordable housing in this state;

4. The requirements governing tenants, housing providers and developers, cities and counties relating to the operation of affordable housing programs;

5. The coordination of the various affordable public housing programs in this state;

6. The administration of money for affordable housing, including, without limitation:

(a) The feasibility of creating a public or private agency for financing low-income housing; and

(b) Methods to increase the involvement of private financing and funding for low-income housing;

7. The qualifications and experience required of a director and other personnel of a housing agency; and

8. The responsiveness and the timeliness of the response of the Housing Division of the Department of Business and Industry to all persons who use its services;

and be it further

resolved, That the members of the committee who are not legislators shall serve without salary, per diem allowance or reimbursement for travel expenses; and be it further

resolved, That the Legislative Commission submit a report of the results of the study and any recommended legislation to the 69th session of the Nevada Legislature.

________

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3049ê

FILE NUMBER 172, ACR 49

Assembly Concurrent Resolution No. 49–Assemblymen Braunlin, Neighbors, Allard, Anderson, Arberry, Bache, Batten, Bennett, Brower, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Ernaut, Evans, Fettic, Freeman, Giunchigliani, Goldwater, Harrington, Hettrick, Humke, Krenzer, Manendo, Marvel, Monaghan, Nolan, Ohrenschall, Perkins, Price, Sandoval, Schneider, Segerblom, Spitler, Steel, Stroth, Tiffany, Tripple, and Williams

FILE NUMBER 172

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the impact of competition in the generation, sale and transmission of electrical energy.

whereas, The economy of the State of Nevada is dependent upon the availability of reliable, low-cost electric energy; and

whereas, Nationwide there is a trend toward competition in the generation, sale and transmission of electric energy; and

whereas, The effect of such competition may have potential benefits and impacts on shareholders and owners of public utilities as well as to their customers; and

whereas, The Nevada Legislature does not intend to cause any adverse economic consequences to either shareholders or customers of investor-owned utilities or cooperatives generating, selling or distributing electric energy in the State of Nevada; and

whereas, The Nevada Legislature does not intend to place investor-owned utilities or cooperatives within the State of Nevada at a competitive disadvantage with other states by adopting legislation incompatible with other western states, thus negatively affecting the State of Nevada; and

whereas, It is in the best interest of the residents of the State of Nevada to explore the effects of competition in the generation, sale and transmission of electric energy so as to assess the economic consequences and opportunities associated with such competition; 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 a subcommittee of legislators to conduct an interim study of the effects of competition in the generation, sale and transmission of electric energy; and be it further

resolved, That the study must include an assessment of:

1. Financial issues, including, without limitation, the:

(a) Interests of residential customers, including price and choice;

(b) Interests of small business customers, large business customers, shareholders and other stakeholders;

(d) Taxes paid by public utilities including franchise taxes and real and personal property taxes;

(e) Tax implications to local governments;

(f) Quantification and recovery of stranded investments;

(g) Pricing of transmission and distribution services;

(h) Pricing and rate subsidies for all classes of customers; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3050 (FILE NUMBER 172, ACR 49)ê

(i) Unbundling costs of services;

2. Legal issues, including, without limitation:

(a) Issues of state and federal jurisdiction;

(b) State statutory constraints;

(d) Commerce clause constraints;

(e) A review of existing state laws, regulations and constitutional provisions which affect the generation, sale and transmission of electric energy;

(f) Interstate reciprocity;

(g) The continuing obligations of a utility to serve customers; and

(h) Issues concerning the use and protection of proprietary information in a competitive market;

3. Social issues, including, without limitation:

(a) The planning and operations of public utilities, including integrated resource planning;

(b) Environmental externalities; and

4. Issues related to system planning, operation and reliability, including, without limitation:

(a) Electric system reliability and the appropriate role of contracting; and

(b) Provisions by which wheeling customers would be permitted to leave or rejoin the system of a utility;

and be it further

resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of any members of the Senate and a majority of any members of the Assembly appointed to the subcommittee; and be it further

resolved, That that Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 69th session of the Nevada Legislature.

________

FILE NUMBER 173, SJR 26

Senate Joint Resolution No. 26–Committee on Transportation

FILE NUMBER 173

SENATE JOINT RESOLUTION–Urging Congress to take all necessary actions to alleviate the problems caused by the heavy commercial traffic over Hoover Dam and through Boulder City.

whereas, Recent studies performed by the Nevada Department of Transportation indicate that approximately 8,000 vehicles pass over Hoover Dam daily and that approximately 70 percent of those vehicles are commercial and other vehicles using U.S. Highway No. 93 as a conduit to Las Vegas, rather than to bring tourists and visitors to Hoover Dam; and

whereas, The heavy traffic flow over Hoover Dam and through Boulder City has resulted in significant increases in the level of air pollution and the number of traffic accidents in the area; and

…………………………………………………………………………………………………………………

ê1995 Statutes of Nevada, Page 3051 (FILE NUMBER 173, SJR 26)ê

whereas, A study citied by the Las Vegas Sun on November 11, 1991, indicated that an average of 1,434 tons of hazardous materials, including gasoline, diesel fuel, hydrochloric acid, cyanide and chlorine, are transported daily over Hoover Dam and through Boulder City; and

whereas, Such a heavy flow of large trucks transporting highly flammable or hazardous materials, or both, significantly increases the chances that a major accident could occur near Hoover Dam or in Boulder City; now, therefore, be it

resolved by the senate and assembly of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges Congress to take all necessary actions to alleviate the problems caused by the heavy commercial traffic over Hoover Dam and through Boulder City, including, without limitation, the construction of a highway bypass around Hoover Dam and Boulder City which would connect U.S. Highway No. 93 in Nevada to Interstate Highway No. 40 in California as a means of:

1. Diverting the heavy flow of trucks transporting highly flammable or hazardous materials, or both, and the heavy flow of regular traffic from traveling over Hoover Dam and through Boulder City;

2. Preventing further air pollution in the area;

3. Reducing the number of traffic accidents in the area;

4. Reserving the portion of U.S. Highway No. 93 over Hoover Dam to accommodate the traffic of tourists and visitors to the dam; and

5. Preventing the pollution of the Colorado River from spill into the river related to the heavy flow of such traffic;

and be it further

resolved, That the Legislature hereby directs the Nevada Department of Transportation to cooperate with the appropriate public agencies to accomplish the construction of the highway bypass between U.S. Highway No. 93 in Nevada and Interstate Highway No. 40 in California, or the improvement of U.S. Highway No. 95 in Nevada and California, if those projects are approved by Congress; and be it further

resolved, That the Secretary of the Senate of the State of Nevada 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, each member of the Nevada Congressional Delegation and the Director of the Nevada Department of Transportation; and be it further

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

________