1997 Statutes of Nevada, Pages 3517-3668

[Rev. 2/11/2019 12:51:08 PM]

RESOLUTIONS AND MEMORIALS

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ê1997 Statutes of Nevada, Page 3517ê

RESOLUTIONS AND MEMORIALS

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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 69th session of the Legislature.

Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 68th session are adopted, with the following changes, as the Standing Rules of the Senate for the 69th 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.

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ê1997 Statutes of Nevada, Page 3518 (FILE NUMBER 1, SR 1)ê

Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.

Secretary

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

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

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

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

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

Sergeant at Arms.

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

2. The Sergeant at Arms shall:

(a) Superintend the upkeep 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.

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ê1997 Statutes of Nevada, Page 3519 (FILE NUMBER 1, SR 1)ê

II. SESSIONS AND MEETINGS

Time of Meeting.

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

Call of Senate — Moved by Three Members.

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

Absence — Leave Required.

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

Open Meetings.

1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.

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

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?”

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ê1997 Statutes of Nevada, Page 3520 (FILE NUMBER 1, SR 1)ê

two Senators, and in all cases of appeal the question shall be, “Shall the decision of the Chair stand as the judgment of the Senate?”

Breaches of Decorum.

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

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

IV. QUORUM, VOTING, ELECTIONS

Recorded Vote — Three Required to Call For.

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

President to Decide — Tie Vote.

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

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.

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ê1997 Statutes of Nevada, Page 3521 (FILE NUMBER 1, SR 1)ê

V. LEGISLATIVE BODIES

Standing Committees.

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

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

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

(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, 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.

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ê1997 Statutes of Nevada, Page 3522 (FILE NUMBER 1, SR 1)ê

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

Reserved.

Committee Expenses.

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

Duties of Committees.

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

Committee on Legislative Affairs and Operations.

The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all 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 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.

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ê1997 Statutes of Nevada, Page 3523 (FILE NUMBER 1, SR 1)ê

Forming Committee of the Whole.

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

Rules Applicable to Committee of the Whole.

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

Motion to Rise Committee of the Whole.

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

Reference to Committee.

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

1. The Committee of the Whole Senate.

2. A Standing Committee.

Return From Committee.

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

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ê1997 Statutes of Nevada, Page 3524 (FILE NUMBER 1, SR 1)ê

Reserved.

Committee Rules.

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

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

3. A meeting of a committee may not be opened without a quorum present.

4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.

5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments. A committee shall not recommend a bill for placement on the consent calendar if it makes any substantive change in the law or if an amendment of the bill is recommended.

6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.

7. A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. 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.

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ê1997 Statutes of Nevada, Page 3525 (FILE NUMBER 1, SR 1)ê

all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.

13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:

(a) Date bill referred;

(b) Date bill received;

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

(e) Date report prepared.

14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate within 2 weeks after the meeting.

15. All committee minutes are open to public inspection upon request and during normal business hours.

Review of State Agency Programs.

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

VI. RULES GOVERNING MOTIONS

A. Motions Generally

Entertaining.

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

Precedence of Motions.

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

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.

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ê1997 Statutes of Nevada, Page 3526 (FILE NUMBER 1, SR 1)ê

6. To commit.

7. To amend.

8. To postpone indefinitely.

The first four shall be decided without debate.

When Not Entertained.

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

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ê1997 Statutes of Nevada, Page 3527 (FILE NUMBER 1, SR 1)ê

To Reconsider — Precedence of.

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

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ê1997 Statutes of Nevada, Page 3528 (FILE NUMBER 1, SR 1)ê

VIII. CONDUCT OF BUSINESS

A. Generally

Mason’s Manual.

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

Suspension of Rule.

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

Notices of Bills, Topics and Public Hearings.

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

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

Protest.

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

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.

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ê1997 Statutes of Nevada, Page 3529 (FILE NUMBER 1, SR 1)ê

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.

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.

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ê1997 Statutes of Nevada, Page 3530 (FILE NUMBER 1, SR 1)ê

102

Objection to Reading of Paper.

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

103

Questions Relating to Priority of Business.

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

B. Bills

104

Reserved.

105

Reserved.

106

Skeleton Bills.

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.

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ê1997 Statutes of Nevada, Page 3531 (FILE NUMBER 1, SR 1)ê

suggest additional names for witnesses. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

108

Reserved.

109

Reading of Bills.

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

110

Second Reading File — Consent Calendar.

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

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

111

Printing.

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

112

Reserved.

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ê1997 Statutes of Nevada, Page 3532 (FILE NUMBER 1, SR 1)ê

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. 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 engrossed or 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.

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ê1997 Statutes of Nevada, Page 3533 (FILE NUMBER 1, SR 1)ê

117

Different Subject Not Admitted as Amendment.

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

C. Resolutions

118

Treated as Bills.

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

119

Treated as Motions.

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

120

Order of Business.

1. Roll Call.

2. Prayer by the Chaplain.

3. Pledge of Allegiance to the Flag.

4. Reading and Approval of the Journal.

5. Reports of Standing Committees.

6. Messages from the Governor.

7. Messages from the Assembly.

8. Communications from State Officers.

9. Motions, Resolutions and Notices.

10. Introduction, First Reading and Reference.

11. Consent Calendar.

12. Second Reading and Amendment.

13. Business on General File and Third Reading.

14. Unfinished Business.

15. Special Orders of the Day.

16. Remarks from the Floor; Introduction of Guests.

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ê1997 Statutes of Nevada, Page 3534 (FILE NUMBER 1, SR 1)ê

121

Privilege.

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

122

Reserved.

123

Reserved.

124

Preference to Speak.

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

125

Special Order.

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

126

Reserved.

127

Messages.

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

128

Reserved.

129

Reserved.

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ê1997 Statutes of Nevada, Page 3535 (FILE NUMBER 1, SR 1)ê

D. Contests of Election

130

Procedure.

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

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

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

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

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

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

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

2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

3. The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

IX. LEGISLATIVE INVESTIGATIONS

140

Compensation of Witnesses.

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

________

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ê1997 Statutes of Nevada, Page 3536ê

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

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 69th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Mary Ellen Patt, Claire Clift, Jane Gill, Ruth B. Pierini, Charles Welsh, Sam A. Palazzolo, Ronald Sandoval, Geraldine E. Selover, John D. Turner, Shirley Hammon, Betty Christenson, Jane King, Joan Thran, Lucille Hill, Linda Chapman, Robin Camacho, Mary Hernandez, Maudie S. Long, Paula M. Saponaro, June A. Riesau, Nancy Arnold, Sandra Arraiz, Sheri Asay, Ricka Benum, Lynn Berry, Billie Brinkman, Collette Burke, Cwendolyn Chapman, Lisa Clearwater, Kathy Cole, Angela Culbert, Maryanne Dawicki, Diane Dixon, Madalena Fischer, Patricia Hampton, Carolyn Hoganson, Judy Jacobs, Paula A. Lord-Lufrano, Carol Martini, Carrie Maynard, Mary Jo Meyer, Deborah Miller, Barbara Moss, Sue Parkhurst, Diane C. Rea, Deborah Riggs, Timothy Robison, Deanne Runacres, Donna Sanders, Marion E. Sandoval, Mavis Scarff, Mary Soscia, Kat Souders, Linda L. Ward, JoAnn Wessel, Beverly Willis, Rayna A. Wortman, Norman R. Wessel, Jessie Armstrong, Edward Cordisco, Janet Meridith, Mary Gavin, Rene Goodman, Alyce L. King, Oliver O. Perondi, Joe Pieretti, Rose Marie Price, Gayle Pyle, Lori Whatley and Patty Woodworth.

________

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

ê1997 Statutes of Nevada, Page 3537ê

FILE NUMBER 4, AR 1

Assembly Resolution No. 1–Committee on Elections, Procedures, and Ethics

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 69th session of the Legislature of the State of Nevada: Jacqueline Sneddon, Lucinda Benjamin, Bonnie Borda, Susan Furlong Reil, Carolyn Grabski, Terry Sullivan, Jason Hataway, Rebecca Lawson, Joe Crawford, Christopher Brunsvold, Nicole Geissler, Greg Torres, Michael Wiese, Jeanne Douglass, Heather Collins, Susan Herman, Patricia Hicks, Marcelene Wehry, Carole Johnston, Laverna Marwin, Harle Glover, Philene Anderson, Matthew Baker, Jane Baughman, Cynthia Clampitt, Lori Conforti, Joi Davis, Erin DeLong, Vicki Folstad, Barbara Gray, Virginia Letts, Sara Kaufman, Nykki Kinsley, Janice Luevano, Yhvona Martin, Jean McGuire, Brenda Olson, Carmela Porcella, Jo Rasey, Sherie Silva, Sharon Spencer, Ann Van Nostrand, Rita Ahart, Iris Bellinger, Ann Buoncristiani, Catalina Cabral, Mark Carlson, Carole Cavolick, Reba Coombs, Linda Cooper, Linda Corbett, Stephany Corral, Cecile Crofoot, Irene Davis, Kathleen Day, Naomi Dottei, Elizabeth Frankel, Kristi Geiser, Marge Griffin, Donna Hancock, Joyce Hess, Barbara Houger, Ralph Keetch, Jr., Dana Langdon, Kelly Liston, Jana Mabry, Carolyn Maynick, Lois McDonald, Marilyn McElhany, Francis Noe, Barbara Pryor, Debra Spieth, Lela Rude, Sheila Sease, Jasmine Shackley, Nancy Smart, Cindy Southerland, Marlene Staub, Carol Thomsen, Frankie Valley, Dyan Merritt, Brent Alverson, Bruce Pfeiffer, Edward Cordisco, Jr., Mary Carel, Katie Beydler, Norm Budden, Melvin Cowperthwaite, John Davis, Jr., Juanita Heston, Kathleen Jorgenson, Lois LaHair, Steve Lamoreaux, Kevin Magrane, Ron Marwin, Bob Maynick, Birgitta Metz, Reid Meyer, Barbara Morgan, Mike Pintar and Shanna Pozzi.

________

FILE NUMBER 5, AR 2

Assembly Resolution No. 2–Committee on Elections, Procedures, and Ethics

FILE NUMBER 5

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

Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker, Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chairman of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further

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

ê1997 Statutes of Nevada, Page 3538 (FILE NUMBER 5, AR 2)ê

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, AR 3

Assembly Resolution No. 3–Committee on Elections, Procedures, and Ethics

FILE NUMBER 6

ASSEMBLY RESOLUTION–Adopting the Standing Rules of the Assembly for the 69th legislative session.

Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 68th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 69th session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

[Speakers] Speaker of the Assembly.

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

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

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

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

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

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

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

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

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

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

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ê1997 Statutes of Nevada, Page 3539 (FILE NUMBER 6, AR 3)ê

(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 the [Speakers] Speaker shall not be required to vote in ordinary legislative proceedings except where [their votes] the Speaker’s vote would be decisive. In all aye and no votes, the [Speakers’ names, in alphabetical order,] Speaker’s name shall be called last.

3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of [a] the 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 [an] the office of Speaker, the Assembly shall select a new Speaker.

Reserved.

The next rule is 10.

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.

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ê1997 Statutes of Nevada, Page 3540 (FILE NUMBER 6, AR 3)ê

Open Meetings.

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

Reserved.

The next rule is 20.

III. DECORUM AND DEBATE

Points of Order.

If any member, in speaking or otherwise, transgresses the rules of the Assembly, the [Speakers] Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the 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 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 presiding officer.

Reserved.

Committee on Ethics; Legislative Ethics.

1. The Committee on Ethics consists of:

(a) [Four] Two members of the Assembly appointed by the [Speakers; and

(b)] Speaker from the majority political party;

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

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

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ê1997 Statutes of Nevada, Page 3541 (FILE NUMBER 6, AR 3)ê

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

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

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:

(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 [chairmen and he] chairman. The chairman 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.

The next rule is 30.

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ê1997 Statutes of Nevada, Page 3542 (FILE NUMBER 6, AR 3)ê

IV. QUORUM, VOTING, ELECTIONS

Manner of Voting.

1. The 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 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 [Speakers, in alphabetical order,] Speaker shall be called last.

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 [Speakers and the Speakers pro Tempore] presiding officer 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.

The next rule is 40.

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ê1997 Statutes of Nevada, Page 3543 (FILE NUMBER 6, AR 3)ê

V. LEGISLATIVE BODIES

Standing Committees.

The standing committees of the Assembly are as follows:

1. Ways and Means, fourteen members.

2. Judiciary, fourteen members.

3. Taxation, [twelve] eleven members.

4. Education, [twelve] eleven members.

5. Elections [and Procedures, twelve] , Procedures, and Ethics, nine members.

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

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

8. Transportation, [ten] nine members.

9. Commerce, [twelve] eleven members.

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

11. Government Affairs, fourteen members.

12. [Economic Development and Tourism, eight] Infrastructure, eleven members.

Appointment of Committees.

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

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

Committee Action.

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.

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

3. Definite action on a bill or resolution will require a majority of the entire committee . [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.

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ê1997 Statutes of Nevada, Page 3544 (FILE NUMBER 6, AR 3)ê

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

Committee on Elections [and Procedures.] , Procedures, and Ethics.

The Committee on Elections [and Procedures] , Procedures, and Ethics 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 [Speakers] Speaker 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.] , Procedures, and Ethics. 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.

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ê1997 Statutes of Nevada, Page 3545 (FILE NUMBER 6, AR 3)ê

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 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 [Speakers] Speaker 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 [Speakers] Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The [Speakers] Speaker shall not adjourn the Assembly until it has declared a person to be elected.

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

Committee Action on Reports.

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

Committee Records.

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

1. The time and place of each meeting;

2. The attendance and absence of members;

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

[5.] 4. The subjects or measures considered and action taken.

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ê1997 Statutes of Nevada, Page 3546 (FILE NUMBER 6, AR 3)ê

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.

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 [,] and 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 portion of the meeting wherein the committee will accept public testimony on the matter before proceeding to other matters.

Reserved.

Concurrent Referrals.

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

The next rule is 60.

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ê1997 Statutes of Nevada, Page 3547 (FILE NUMBER 6, AR 3)ê

VI. RULES GOVERNING MOTIONS

Entertaining.

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

Reserved.

Particular Motions

Reserved.

Indefinite Postponement.

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

To Strike Enacting Clause.

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

Division of Question.

Any member may call for a division of the question, which shall be divided, if it comprehends 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.

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ê1997 Statutes of Nevada, Page 3548 (FILE NUMBER 6, AR 3)ê

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.

The next rule is 80.

VII. DEBATE

Speaking on Question.

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

Previous Question.

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

The next rule is 90.

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.

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ê1997 Statutes of Nevada, Page 3549 (FILE NUMBER 6, AR 3)ê

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. The daily history must include the most current version of the notice that is available at the time the daily history is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.

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.

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 [Speakers] Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.

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ê1997 Statutes of Nevada, Page 3550 (FILE NUMBER 6, AR 3)ê

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 [Speakers,] Speaker, or by a member in [their] the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

Request of Purpose.

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

Remarks.

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

100

Precedence of Parliamentary Authority.

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

1. The Constitution of the State of Nevada.

2. The Statutes of the State of Nevada.

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ê1997 Statutes of Nevada, Page 3551 (FILE NUMBER 6, AR 3)ê

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.

107

Reserved.

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ê1997 Statutes of Nevada, Page 3552 (FILE NUMBER 6, AR 3)ê

108

Reserved.

109

Reading of Bills.

The 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.

1. 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, then engrossed or reengrossed, as applicable, and placed on the General File.

2. 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 then engrossed or reengrossed [.] , as applicable.

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

111

Consent Calendar.

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

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ê1997 Statutes of Nevada, Page 3553 (FILE NUMBER 6, AR 3)ê

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. [He] The Chief Clerk shall likewise post notices of special orders as made.

114

Reserved.

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ê1997 Statutes of Nevada, Page 3554 (FILE NUMBER 6, AR 3)ê

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.

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.

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ê1997 Statutes of Nevada, Page 3555 (FILE NUMBER 6, AR 3)ê

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

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ê1997 Statutes of Nevada, Page 3556 (FILE NUMBER 6, AR 3)ê

custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the [Speakers] Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill [without] unless 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 [Speakers have] Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill shall be entered upon the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.

127

Reserved.

128

Reserved.

The next rule is 140.

IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

140

Compensation of Witnesses.

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

141

Use of the Assembly Chamber.

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

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ê1997 Statutes of Nevada, Page 3557ê

FILE NUMBER 7, SCR 1

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

FILE NUMBER 7

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 expressed in the Declaration of Independence; and

Whereas, Today, as we begin the 69th Session of the Nevada Legislature, we take time to pay tribute to the memory of a man born on January 15, 1929, whose tenets of nonviolence, respect and love are as relevant now as they were over three 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 Dr. King, a man who dedicated his life to ensure equality for all people; and

Whereas, This year the Dr. Martin Luther King, Jr. Committee of Las Vegas, founded in 1981, has once again organized a week of community activities, the “1997 King Week Festivities,” with proceeds going for scholarships for single parents and high school students and for a tutorial program in the elementary and secondary schools in Las Vegas; and

Whereas, The Northern Nevada Black Cultural Awareness Society also has planned a week of activities to “Make Real the Dream,” beginning with the 8th Annual Dr. Martin Luther King, Jr. Dinner that was held on January 13 and featured Dr. King’s daughter, the Reverend Bernice A. King, as the keynote speaker; and

Whereas, The Northern Nevada Black Cultural Awareness Society continued its activities this past week with the performance of Patti LaBelle on January 18 and 19, and this morning the “Youth Appreciation Breakfast” was held, honoring over 100 young persons who have worked hard to make a difference in their communities; 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 20th day of January, 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 for all mankind; and be it further

Resolved, That all members of the Dr. Martin Luther King, Jr. Committee of Las Vegas and the Northern Nevada Black Cultural Awareness Society are hereby commended for their statewide activities that have kept alive the vision of Dr. Martin Luther King, Jr.; and be it further

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ê1997 Statutes of Nevada, Page 3558 (FILE NUMBER 7, SCR 1)ê

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the presiding officers of the Dr. Martin Luther King, Jr. Committee of Las Vegas and the Northern Nevada Black Cultural Awareness Society.

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FILE NUMBER 8, ACR 1

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

FILE NUMBER 8

ASSEMBLY CONCURRENT RESOLUTION–Adopting the Joint Rules of the Senate and Assembly for the 69th 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 68th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 69th session of the Legislature:

COMMITTEES OF CONFERENCE

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

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

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

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

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ê1997 Statutes of Nevada, Page 3559 (FILE NUMBER 8, ACR 1)ê

each House must be members who voted for the passage of the bill or resolution.

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.

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ê1997 Statutes of Nevada, Page 3560 (FILE NUMBER 8, ACR 1)ê

Reserved.

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.

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ê1997 Statutes of Nevada, Page 3561 (FILE NUMBER 8, ACR 1)ê

VETOES

Special Order.

Bills which have passed a previous Legislature, and which are transmitted to the Legislature next sitting, accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read by the Clerk without interruption, consecutively, one following the 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.

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.

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ê1997 Statutes of Nevada, Page 3562 (FILE NUMBER 8, ACR 1)ê

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.

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

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ê1997 Statutes of Nevada, Page 3563 (FILE NUMBER 8, ACR 1)ê

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

3. The Director of the Legislative Counsel Bureau shall:

(a) Index the tapes;

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

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

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

REAPPORTIONMENT

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

LIMITATION ON INTRODUCTION AND REQUESTS FOR

DRAFTING OF LEGISLATIVE MEASURES

1. Except as otherwise provided in subsection 2, any request submitted, after a regular legislative session has convened, to the Legislative Counsel for the drafting of a bill or resolution will not be honored by the Legislative Counsel unless the request is approved by:

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

(b) A standing committee of that House if the request was approved by two-thirds of all of the members of the committee before the request was submitted to the Legislative Counsel. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.

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 at the request of a legislator or organization must indicate the [person] legislator or organization at whose request the measure was drafted.

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ê1997 Statutes of Nevada, Page 3564 (FILE NUMBER 8, ACR 1)ê

indicate the [person] legislator 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 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 substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.

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

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.

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.

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ê1997 Statutes of Nevada, Page 3565 (FILE NUMBER 8, ACR 1)ê

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.

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;

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ê1997 Statutes of Nevada, Page 3566 (FILE NUMBER 8, ACR 1)ê

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.

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 as 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.

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ê1997 Statutes of Nevada, Page 3567 (FILE NUMBER 8, ACR 1)ê

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.

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.

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ê1997 Statutes of Nevada, Page 3568 (FILE NUMBER 8, ACR 1)ê

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.

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.

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.

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FILE NUMBER 9, AR 4

Assembly Resolution No. 4–Committee on Elections, Procedures, and Ethics

FILE NUMBER 9

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

Resolved by the Assembly of the State of Nevada, That Paula Winne is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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ê1997 Statutes of Nevada, Page 3569ê

FILE NUMBER 10, SCR 6

Senate Concurrent Resolution No. 6–Senators Neal, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 10

SENATE CONCURRENT RESOLUTION–Commemorating African-American History Month.

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

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

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

Whereas, African-Americans participated in the exploration and settlement of the Utah Territory in the eighteenth and nineteenth centuries, and among the African-American explorers and settlers of Nevada were miners, mountain men, cowboys, ranchers, physicians and artists; and

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

Whereas, The small but active population of African-American settlers in Northern Nevada included Benjamin Palmer, who purchased his freedom from slavery and moved to the Carson Valley to become a successful cattle rancher on his 400 acres, and James P. Beckwourth, who operated a ranch in the Sierra Valley and after whom a mountain pass north of Reno is named; and

Whereas, The McWilliams and Clark townsites in Southern Nevada were settled in 1905 by a number of African-American residents, including railroad employees, ranchers and numerous business owners; and

Whereas, African-Americans in this state have a long and active history of protesting against racial prejudice and social injustice through writing, community organization and oration and have had among their leaders people such as the Reverend Bill Stevens of Las Vegas, who, in the 1940’s, went daily to restaurants that discriminated against African-Americans to attempt to order a meal or a cup of coffee, and Alice Smith, who founded the Reno-Sparks branch of the NAACP in 1945 and organized many religious and community activities throughout her life; and

Whereas, History demonstrates that the African-American residents of Nevada have maintained a solid social, religious and cultural identity while aggressively asserting rights to legal and educational equality; and

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

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ê1997 Statutes of Nevada, Page 3570 (FILE NUMBER 10, SCR 6)ê

recognition and observance of African-American History Month is a step in that direction; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That African-American History Month be celebrated throughout Nevada during the month of February; and be it further

Resolved, That the residents of this state join in this observance and celebration of the history of African-Americans in the United States and especially in Nevada.

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FILE NUMBER 11, AR 5

Assembly Resolution No. 5–Committee on Elections, Procedures, and Ethics

FILE NUMBER 11

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

Resolved by the Assembly of the State of Nevada, That Linda Kincaid is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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FILE NUMBER 12, SCR 11

Senate Concurrent Resolution No. 11–Senators Mathews, Adler, Augustine, Coffin, Jacobsen, James, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 12

SENATE CONCURRENT RESOLUTION–Congratulating the members of the Procter R. Hug High School Marching Band and Dance Team for their participation in the Inaugural Parade for the President of the United States.

Whereas, The members of the 69th Session of the Nevada Legislature and the residents of the State of Nevada were filled with pride upon learning that the Procter R. Hug High School Marching Band and Dance Team participated in the Inaugural Parade for the President of the United States; and

Whereas, With the full support of the parents, community, private parties, Harrah’s Hotel and Casino (Procter R. Hug High School’s “Partners in Education”) and Reno Air, a dream was fulfilled for over 100 students who marched proudly in Washington, D.C., as the official representatives of the State of Nevada; and

Whereas, This was the first Northern Nevada band to receive such a prestigious invitation, and credit must be given to the band’s Director, Gerald Willis, who conceived the idea and pursued this dream with enthusiasm and determination; and

Whereas, While in Washington, D.C., the students found time during their week-long visit to do extensive sight-seeing, including taking tours of the White House and Congress, greeting Governor Bob Miller at Union Square, and visiting Ford’s Theatre, where President Lincoln was assassinated, Mount Vernon, several of the Smithsonian Institution museums, the Botanical Gardens, the National Postal Museum, National Geographic, the John F.

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ê1997 Statutes of Nevada, Page 3571 (FILE NUMBER 12, SCR 11)ê

assassinated, Mount Vernon, several of the Smithsonian Institution museums, the Botanical Gardens, the National Postal Museum, National Geographic, the John F. Kennedy Center for the Performing Arts, the Iwo Jima Marine, Korean and Vietnam Memorials and Arlington National Cemetery; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby congratulates the members of the Procter R. Hug High School Marching Band and Dance Team, which include the band’s Director, Gerald Willis, Dance Team Director, Gina Pullin, Teacher’s Aide, Roger West, and students John Albertson, Anafe Arenas, Catherine Armer, Andy Bacher, Tim Bean, Jennifer Beauchamp, Rachel Beggs, Kenny Bell, Tonia Biank, Austin Bishop, Jared Bliese, Aimee Booth, Chad Bradfield, David Bradfield, Sheila Brausey, Stephan Burten, Connie Cadigan, Carolyn Carsey, Lynnsey Cheatham, Fred Christopherson, Cameron Clarke, Reanna Cone, Jessica Cooper, Rebekah Couper, Chris Cozzi, Marshe Craine, Samantha Crosthwaite, Poet DeHart, Vanessa Delacruz, Chris Dills, Karen Donathan, Rai Downey, Hannah Dyer, Torrey Eldridge, Jeremiah Ferguson, Ben Flood, Lucas Gerlach, Harry Geyer, Paula Geyer, Katie Goodman, Heather Green, Boyd Grimshaw, Sheri Groves, Christie Heaphy, Erin Howard, Sean Inman, Jon Jackson, Kelly Johnson, Brandon Kersey, Niklaus Kliman, Erin Lassen, Megan Lee, Kevin Lessard, Elizabeth Levitt, Stephen Levitt, Christie Long, Steven Lundstrom, Jessica MacBeath, Rachael Mackowich, Laura Madera, Mike Mahoney, Matt Martino, Marquel McCauley, Jennifer McCord, Stephanie McCormac, Stephen McCoy, Zack Mendelson, Randy Meyer, Ryan Meyer, April Miller, Machelle Miller, Andy Mills, Ryan Mitchell, Mike Morello, Patrick Nava, Chris Neves, Nick Neves, John Packer, C. Shea Past, Marcela Patino, Dawn Patterson, James Penner, Isaiah Pierce, Robyn Powell, Adam Pruitt, Chantal Rapp, Michelle Reeder, Amber Reese, Naomi Regalado, Katie Robertson, Michael Robison, Judi Rought, Amy Schneck, Nicole Scollard, Lacey Scott, Rhonda Serr, Wes Sheaffer, Cathy Sherman, Stephanie Sherman, Amber Shuey, Trent Shuey, Kelly Shurley, Jason Silverhardt, Eric Tinajero, Jennifer Todd, Jessica Troup, Mike Vidal, Abby Walkington, Jonathan Walkington, David Wallace, Jarod Weaver, Jeaneen Welsh, Amberina Wilson, Chris Wood, Martha Wood, Chris Wright, David Wright and JoAnn Yeager; and be it further

Resolved, That the pride and enthusiasm demonstrated by this extraordinary group of young people and their director serves as an inspiration to all residents of the State of Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of Procter R. Hug High School Marching Band, Gerald Willis.

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ê1997 Statutes of Nevada, Page 3572ê

FILE NUMBER 13, SCR 12

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

FILE NUMBER 13

SENATE CONCURRENT RESOLUTION–Commending the Nevada Taxpayers Association for 75 years of service to the State of Nevada.

Whereas, The Nevada Taxpayers Association was formed in 1922 to safeguard the interests of the residents of Nevada on the issues of taxes and expenditures by publishing and disseminating available information and data to responsible governmental leaders, taxpayers and other interested persons in an effort to create a fair and reasonable tax structure; and

Whereas, Throughout the years, the Nevada Taxpayers Association has become recognized as an authority on taxes and expenditures because of its attention to detail and outstanding research abilities; and

Whereas, This dedicated organization has staunchly advocated sound fiscal policies while promoting responsible government at a reasonable price; and

Whereas, Because of its nonpartisan approach, the Nevada Taxpayers Association has worked with many Governors and Legislators of both parties in an effort to develop prudent and well thought-out taxing mechanisms and has earned respect across the political spectrum; and

Whereas, The Nevada Taxpayers Association represents a wide diversity of taxpayers from the State of Nevada, including owners of small businesses and large corporations as well as individuals; and

Whereas, The Nevada Taxpayers Association is committed to continuing its primary mission of promoting efficiency, accountability and fiscal responsibility in state and local governments; and

Whereas, This dedicated organization devotes much time and energy to comprehending complex tax laws, researching issues that relate to fiscal matters and reviewing governmental processes that impact all Nevadans in their daily lives; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the Nevada Taxpayers Association for 75 years of service to the State of Nevada during which it has provided quality information on tax and fiscal policy to the members of this legislative body and the residents at large; and be it further

Resolved, That the Nevada Legislature recognizes and salutes the Nevada Taxpayers Association for its professionalism and commitment to statewide fiscal responsibility; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chairman of the Board of the Nevada Taxpayers Association, Fred Gibson.

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ê1997 Statutes of Nevada, Page 3573ê

FILE NUMBER 14, SCR 13

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

FILE NUMBER 14

SENATE CONCURRENT RESOLUTION–Commemorating the 100th anniversary of the Parent-Teacher Association.

Whereas, The National Parent-Teacher Association was founded by Alice McLellan Birney and Phoebe Apperson Hearst under the name “National Congress of Mothers” in 1897, in Washington, D.C.; and

Whereas, The National Parent-Teacher Association is the oldest and largest volunteer association in the United States working exclusively on behalf of the youth of our nation; and

Whereas, The Parent-Teacher Association (PTA) was established in the State of Nevada in 1940; and

Whereas, During its first year as an organization, the PTA promoted cooperation between parents and teachers, advocated sex education and lobbied for a national health bureau; and

Whereas, Throughout 1910 to 1919, the PTA urged that kindergarten be included in the educational system, asked parents to supervise their children when attending moving pictures and began to serve hot lunches to children during school through its local chapters; and

Whereas, In the 1930’s, the PTA sponsored a special nutrition project and emergency services aimed at preventing children from suffering from hunger during the Great Depression, and it also conducted studies of automobiles and school buses with regard to the safety of children; and

Whereas, In the 1940’s, the PTA launched a nationwide school lunch program, became one of the first nongovernmental organizations to support the establishment of the United Nations and created a new university project to instruct teachers in methods of enhancing relationships between schools and parents; and

Whereas, In the 1950’s, the PTA called a national conference to address the use of narcotics and drug addiction in youth, helped field test and win support for the Salk Polio Vaccine and promoted health supervision of children from early childhood through high school; and

Whereas, In the 1960’s, the PTA publicized the dangerous effects of smoking, helped enact legislation in child protection and toy safety, promoted education in the arts through a nationwide cultural arts program and focused on improved relations between parents and schools in low-income areas; and

Whereas, In the 1970’s, the PTA expanded its outreach program to include information to combat alcohol abuse by the youth of our country, called upon parents to share in decision making in schools, began a project to oppose violence on television, opened its Office of Governmental Relations in Washington, D.C., and invited students to sit on the National PTA Board of Directors; and

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ê1997 Statutes of Nevada, Page 3574 (FILE NUMBER 14, SCR 13)ê

Whereas, In the 1980’s, the PTA fought for legislation requiring automobile safety belts and child restraint devices, created a project for the prevention of drug and alcohol abuse, focused more attention on children and families in the inner cities and created the national HIV/AIDS educational program for parents; and

Whereas, In the 1990’s, the PTA convened a national summit on parental involvement and became a major force in adding such involvement to the National Education Goals calling on local school districts to make parents equal partners in their children’s education; and

Whereas, National concern about children is essential, but ultimately the responsibility for keeping children safe and healthy continues to fall on each parent; and

Whereas, The PTA fulfills the greatest need by providing a link between parents and educators, parents and government and parents and the legal system, to ensure that the best interests of children are served; and

Whereas, Seven million members nationwide and 30,000 members statewide will continue advocating on behalf of children, education and parents into the next century; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby commemorate the Parent-Teacher Association on its 100th anniversary as a national organization; and be it further

Resolved, That the Parent-Teacher Association is hereby commended for its support and efforts on behalf of our youth before governmental bodies and other organizations that make decisions affecting the youth of our country; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Debbie Smith, President of the Parent-Teacher Association of Nevada and Joan Dykstra, President of the National Parent-Teacher Association.

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FILE NUMBER 15, SCR 2

Senate Concurrent Resolution No. 2–Senator Jacobsen

FILE NUMBER 15

SENATE 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 the orderly growth and development 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 that affect these goals; and

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ê1997 Statutes of Nevada, Page 3575 (FILE NUMBER 15, SCR 2)ê

entire Lake Tahoe Basin and with the programs and activities of the Tahoe Regional Planning Agency that 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 efforts of those federal and state agencies that have 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 reviewed the programs and activities of the Tahoe Regional Planning Agency on previous occasions; and

Whereas, Assembly Concurrent Resolution No. 4 of the 68th 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 Senate of the State of Nevada, the Assembly 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:

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 communicate with 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 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 Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature; and be it further

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ê1997 Statutes of Nevada, Page 3576 (FILE NUMBER 15, SCR 2)ê

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the California delegation to the Tahoe Regional Planning Agency, the President pro Tempore of the Senate of the State of California and the Speaker of the Assembly of the State of California.

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FILE NUMBER 16, SCR 14

Senate Concurrent Resolution No. 14–Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 16

SENATE CONCURRENT RESOLUTION–Designating March 6, 1997, as “Arts Day in Nevada.”

Whereas, The Nevada Alliance for the Arts, a statewide advocacy organization for the arts, was established in 1977 as a nonprofit corporation, dedicated to the support of the cultural arts as a fundamental right of every resident of Nevada to enjoy as part of the quality of life in this state; and

Whereas, The Nevada Alliance for the Arts is a member of the State Arts Advocacy League of America, a national association dedicated to the advancement of responsible public arts policies at the local, state and national levels; and

Whereas, The major goal of the Nevada Alliance for the Arts for the last several years has been to increase state funding for the State Council on the Arts, the state agency that is primarily responsible for the distribution of governmental grants in support of the arts and culture in the State of Nevada; and

Whereas, The Nevada Alliance for the Arts has established a Legislative Arts Caucus to keep Nevada Legislators and the members of the Nevada Congressional Delegation informed of the issues facing the arts community; and

Whereas, The Nevada Alliance for the Arts membership is open to all interested residents who share a common interest in furthering arts and culture in the State of Nevada; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby designate March 6, 1997, as “Arts Day in Nevada”; and be it further

Resolved, That the Nevada Alliance for the Arts is commended for its dedication to the advancement of responsible public arts in the State of Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Roger Peltyn, President of the Nevada Alliance for the Arts.

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ê1997 Statutes of Nevada, Page 3577ê

FILE NUMBER 17, SCR 16

Senate Concurrent Resolution No. 16–Senators James, Adler, Augustine, Coffin, Jacobsen, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 17

SENATE CONCURRENT RESOLUTION–Honoring Stan and Jan Berenstain, authors of books for children.

Whereas, Jan Grant and Stanley Berenstain both spent their years of childhood in Philadelphia, Pennsylvania, absorbed in drawing and illustrating at every opportunity; and

Whereas, Jan Grant and Stan Berenstain entered the Philadelphia College of Art in 1941, where they met on the very first day of classes; and

Whereas, The couple were married on April 13, 1946, immediately after Stan’s discharge from the army at the end of World War II; and

Whereas, Stan and Jan Berenstain supported themselves in the early years of their marriage by jointly creating humorous, family-oriented cartoons for magazines such as the Saturday Evening Post, Collier’s and McCall’s; and

Whereas, Stan and Jan Berenstain entered the children’s book market in 1962 with the publication of The Big Honey Hunt, an instantly popular book written in rhyme about the comical adventures of a family of bears; and

Whereas, That first book and the series that it inspired, edited by Dr. Seuss and known as the Berenstain Bear books, achieved tremendous success and established Stan and Jan Berenstain as preeminent figures in the field of creating books for children; and

Whereas, In response to numerous requests for books appropriate for older children, Stan and Jan Berenstain added their sons Leo and Michael to their highly successful team and now also produce Berenstain Bears Big Chapter Books; and

Whereas, The educational messages in the Berenstain Bear books are currently disseminated via coloring books, audiocassettes, filmstrips, videocassettes, television specials and CD-ROMs; and

Whereas, There are over 100 Berenstain Bear books in print and the Berenstains consistently create relevant stories which are up-beat, colorful, instructional and funny and which offer a positive picture of family life; and

Whereas, The creative illustrations and entertaining text of the Berenstain Bears books have delighted children for many decades and continue to attain ever greater popularity and success; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature wish to honor and praise Stan and Jan Berenstain for their many achievements in the area of illustration and literature for children, especially for their creation of the delightfully charismatic, educational and entertaining Berenstain Bear family loved by countless children through the years; and be it further

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ê1997 Statutes of Nevada, Page 3578 (FILE NUMBER 17, SCR 16)ê

Resolved, That the Secretary of the Senate prepare and transmit copies of this resolution to Stan and Jan Berenstain and the Governor and Legislature of the State of Pennsylvania, the home state of the Berenstains.

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FILE NUMBER 18, SCR 17

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

FILE NUMBER 18

SENATE CONCURRENT RESOLUTION–Designating March 13, 1997, as Kiwanis Day in the State of Nevada.

Whereas, Eighty-two 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 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, The State of Nevada is proud of its own state divisions, which include Division 28 of Southern Nevada, Division 23 of Northern Nevada and Division 45 of Central Nevada, for their long history of service to communities in this state; 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 13, 1997, as Kiwanis Day in the State of 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 Nelson Tucker, Governor-elect W. Reid Allen, Jr., Lieutenant Governors Howard Naylor of Division 28, Joan M. Booth of Division 23 and Melody Kay Reed of Division 45, and Lieutenant Governors-elect David A. Dwyer of Division 28, Tom Leahy of Division 23 and Dalos R. Graf, Jr., of Division 45.

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ê1997 Statutes of Nevada, Page 3579ê

FILE NUMBER 19, SCR 18

Senate Concurrent Resolution No. 18–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 19

SENATE CONCURRENT RESOLUTION–Congratulating Dr. F. Sherwood Rowland for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by Nevada Bell.

Whereas, A layer of ozone in the upper atmosphere of the Earth protects our biosphere by absorbing ultraviolet radiation from the sun; and

Whereas, Dr. F. Sherwood Rowland and his colleague Dr. Mario Molina of the University of California at Irvine first discovered in 1973 that man-made compounds called chlorofluorocarbons (CFCs) play a major role in the destruction of this essential but fragile ozone layer; and

Whereas, Drs. Rowland and Molina discovered that CFCs, which are chemically stable at the surface of the Earth, are broken up by ultraviolet radiation high in the atmosphere and then destroy ozone at a rapid rate, and they published their findings in the prominent journal Nature in 1974; and

Whereas, Since this important discovery, Dr. Rowland has provided continuing scientific leadership in the study of atmospheric pollutants and the influence of humanity on the climate of this planet; and

Whereas, Dr. Rowland’s international efforts in the laboratory, in the field and in public education have led directly to the Montreal Protocol, which provides for the worldwide replacement of CFCs with environmentally benign substitutes; and

Whereas, Dr. Rowland holds the distinguished Bren Research Professorship at the University of California at Irvine and has contributed significantly to scientific knowledge through the publication of over 300 articles; and

Whereas, Dr. Rowland has served as the President of the American Association for the Advancement of Science and is a member of the National Academy of Sciences and a fellow of the American Physical Society; and

Whereas, Dr. Rowland’s many achievements in the field of atmospheric chemistry have garnered him much deserved praise and have earned him numerous honors, including the Nobel Prize in Chemistry in 1995; 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; and

Whereas, Dr. F. Sherwood Rowland, whose research has contributed monumentally to the reduction of the global use of CFCs and continues to enlighten us on issues relating to atmospheric chemistry, is the 10th recipient of the Nevada Medal, which includes a $5,000 prize; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3580 (FILE NUMBER 19, SCR 18)ê

recipient of the Nevada Medal, which includes a $5,000 prize; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature hereby congratulate Dr. F. Sherwood Rowland for being named the recipient of the 1997 Nevada Medal given by the Desert Research Institute; and be it further

Resolved, That Nevada Bell is hereby commended for its 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 Secretary of the Senate prepare and transmit a copy of this resolution to Dr. F. Sherwood Rowland.

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FILE NUMBER 20, SCR 19

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

FILE NUMBER 20

SENATE CONCURRENT RESOLUTION–Commemorating 100 years of filmmaking in Nevada.

Whereas, On March 17, 1897, the first legal championship boxing match to be held in the country was filmed in Carson City, the capitol of our fine state; and

Whereas, That special event was filmed by the company of Enoch Rector, former film partner of Thomas Edison, motion picture inventor, earning a record $750,000 in fees; and

Whereas, That fight was the first ever filmed by motion picture cameras, changing the course of the world of sports from mere hearsay of reporters and bystanders to celluloid documentation of history-making competitions; and

Whereas, Capturing the event on film allowed repeated showings of the bout, culminating in the instant replay technology of today; and

Whereas, Such success sparked the beginnings of Nevada’s filmmaking industry, which today boasts international attraction in the field of entertainment; and

Whereas, This day marks the centennial of that historic occasion in our state, known today as the “Entertainment Capital of the World” because of such unique events; and

Whereas, Today the people of the great State of Nevada enjoy economic opportunities once unforeseen as a result of that first filming event, as was witnessed on March 5, 1997, by the announcement of a motion picture studio, “Black Mountain Studios,” to be built in Nevada; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That residents of the State of Nevada are hereby urged to observe and participate in events celebrating 100 years of filmmaking in this state throughout the year; and be it further

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ê1997 Statutes of Nevada, Page 3581 (FILE NUMBER 20, SCR 19)ê

observe and participate in events celebrating 100 years of filmmaking in this state throughout the year; and be it further

Resolved, That in recognition of the past 100 years of filmmaking, residents of this state are urged to enjoy the special events, movie premieres and mini-film festivals, with themes such as a Western Film Festival, featuring films made in Nevada, including the Roy Rogers film “Heldorado,” a movie that was made over 50 years ago; and be it further

Resolved, That the year of celebration will culminate in the First Annual International Film Festival to be held in Las Vegas in March 1998; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Motion Picture Division.

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FILE NUMBER 21, SCR 20

Senate Concurrent Resolution No. 20–Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 21

SENATE CONCURRENT RESOLUTION–Commemorating the 100th anniversary of boxing in the State of Nevada.

Whereas, The State of Nevada enjoys a long history of taking risks for suitable gain and legalizing behavior considered “scandalous” in American society; and

Whereas, One hundred years ago, the Senators and Assemblymen of the 18th session of the Nevada Legislature passed and Governor Reinhold Sadler signed Assembly Bill No. 8, an act which allowed the first legal prizefight to occur in this state after California, Texas and other states had turned down the opportunity to permit such a contest; and

Whereas, This bold action was taken by the Nevada Legislature and Governor Sadler in part to attract investors to this state and in part to call attention to the vast resources of the State of Nevada; and

Whereas, The members of the 18th session of the Nevada Legislature passed the act to set forth standards for regulation of a “contest or exhibition with gloves between man and man for a wager or reward”; and

Whereas, The act, having as its primary purpose “to restrict and license glove contests,” was adopted in the year 1897; and

Whereas, On March 17, 1897, “Ruby Robert” Fitzsimmons fought “Gentleman Jim” Corbett before a crowd of 6,000 in Carson City in an outdoor arena built especially for the event, with Fitzsimmons knocking out Corbett in the 14th round by a blow to the solar plexus; and

Whereas, March 17, 1997, marks a historic occasion, as Nevadans celebrate the commencement of this centennial year of official prizefighting in the great State of Nevada; and

Whereas, Boxing, the “sweet science,” now ranks as one of the leading industries in this state, intertwined with our heritage of grand entertainment; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3582 (FILE NUMBER 21, SCR 20)ê

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That residents of the State of Nevada are hereby urged to observe and participate in the celebration of 100 years of boxing throughout the year; and be it further

Resolved, That boxing, which has been gloriously successful beyond the imaginations of its initiators 100 years ago, however modest its part in the economy of this state at the outset, be rightfully honored for its contribution to the economic development of Nevada; and be it further

Resolved, That this year be known as Nevada’s Centennial Year of Championship Gloved Competitions; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Athletic Commission.

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FILE NUMBER 22, AR 6

Assembly Resolution No. 6–Committee on Elections, Procedures, and Ethics

FILE NUMBER 22

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

Resolved by the Assembly of the State of Nevada, That Betty J. Phenix is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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FILE NUMBER 23, SCR 22

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

FILE NUMBER 23

SENATE CONCURRENT RESOLUTION–Commending the fire fighters and others who worked to extinguish the fire at Belli Ranch.

Whereas, A fire was started by arson in the Belli Ranch area, south of Verdi, Nevada, at about 4 p.m., on Monday, August 5, 1996; and

Whereas, The fire was spread by winds of up to 30 mph, burning 6,700 acres of brush and trees, and endangering the lives and property of many Nevadans; and

Whereas, Because of problems with congestion and access for emergency vehicles, as well as dense smoke, Interstate Highway No. 80 was closed for 5 hours; and

Whereas, The fire threatened many homes from Belli Ranch to the Caughlin Ranch development, in Reno, Nevada, where flames came within one-half mile of the area; and

Whereas, Equipment used to assist fire fighters included 170 fire engines, 12 water tenders, 12 helicopters from the Nevada Division of Forestry, the California Department of Forestry and Fire Protection, the Nevada Army National Guard and the Bureau of Land Management, 10 air tankers, 9 bulldozers, the Nevada Division of Forestry Sonoma field kitchen from the Silver Springs Conservation Camp, and numerous other command and support vehicles; and

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ê1997 Statutes of Nevada, Page 3583 (FILE NUMBER 23, SCR 22)ê

Nevada Army National Guard and the Bureau of Land Management, 10 air tankers, 9 bulldozers, the Nevada Division of Forestry Sonoma field kitchen from the Silver Springs Conservation Camp, and numerous other command and support vehicles; and

Whereas, The 1,241 fire fighters from Nevada, Alaska, California, Idaho, Tennessee and Wyoming, including state forestry personnel, local volunteer and career fire departments and federal agencies, joined together to fight this potentially deadly threat to the residents of our state; and

Whereas, The magnitude of this fire was so great that the total cost to extinguish it was approximately $2,000,000; and

Whereas, The Washoe County Sheriff’s Department, Nevada Highway Patrol, American Red Cross, Nevada Department of Transportation, Caltrans, Washoe County School District, Nevada Office of Emergency Services and others, were also instrumental in the fight to minimize the losses to our communities; and

Whereas, The arsonist who was responsible for this atrocity was arrested because of the joint efforts of the Nevada Division of Forestry, the United States Forest Service, the Nevada State Fire Marshal Division and the Washoe County Sheriff’s Department; and

Whereas, As a result of the commitment of the fire fighters to protect life and property, not one life was lost, no serious injuries occurred and no homes were destroyed; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature commend the fire fighters for their bravery and heroic efforts in fighting the Belli Ranch fire while protecting the lives and property of the residents of our state; and be it further

Resolved, That the Nevada Legislature expresses its sincere appreciation to the Nevada Division of Forestry, Nevada Army National Guard, California Department of Forestry and Fire Protection, Bureau of Land Management, Washoe County Sheriff’s Department, Nevada Highway Patrol, Nevada Department of Transportation, Washoe County School District, Nevada Office of Emergency Services, American Red Cross, Caltrans and all others who were instrumental in the extinguishment of the fire at Belli Ranch; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Division of Forestry, Nevada Army National Guard, California Department of Forestry and Fire Protection, Nevada Office of the Bureau of Land Management, Washoe County Sheriff’s Department, Nevada Highway Patrol, Nevada Department of Transportation, Washoe County School District, Nevada Office of Emergency Services, American Red Cross and Caltrans.

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ê1997 Statutes of Nevada, Page 3584ê

FILE NUMBER 24, ACR 9

Assembly Concurrent Resolution No. 9–Assemblymen Dini, Segerblom, de Braga, Ohrenschall, Hickey, Amodei, Anderson, Parks, Mortenson, Sandoval, Collins, Lee, Koivisto, Gustavson, Berman, Braunlin, Nolan, Manendo, Ernaut, Herrera, Buckley, Carpenter, Tiffany, Marvel, Neighbors, Bache, Williams, Arberry, Von Tobel, Price, Chowning, Krenzer, Giunchigliani, Perkins, Freeman, Cegavske, Goldwater, Humke, Close, Hettrick and Lambert

FILE NUMBER 24

ASSEMBLY CONCURRENT RESOLUTION–Designating April 16, 1997, as E Clampus Vitus Day at the Nevada Legislature.

Whereas, It has come to the attention of the Nevada Legislature that the Ancient and Honorable Order of E Clampus Vitus has maintained its honorable status throughout the known world and especially in this great State of Nevada; and

Whereas, The Ancient and Honorable and Exceedingly Humble Order of E Clampus Vitus has survived the test of time to become one of the longest surviving brotherhoods of men that continues to fulfill a fundamental need in providing protection and kindness while advancing the noble cause of Clamperdom to residents of the Silver State, especially all the “widders” and orphans, and descendants of the argonauts; and

Whereas, The Honorable Order of E Clampus Vitus was founded in West Virginia in 1845 by Ephram Bee, owner of a tavern on the National Road, and shortly thereafter the warmhearted brothers affectionately became known as the “Clampin Vipers”; and

Whereas, In 1860, William Stewart founded the first Ancient and Honorable Order of E Clampus Vitus, Winnemucca Lodge #1, in the Utah Territory, in the unsuspecting peaceful town known as Carson City; and

Whereas, The creed of the Clamproctors, yesterday, as well as today, is “to protect the ‘widders’ and orphans, and MAINLY the ‘widders’”; and

Whereas, The State of Nevada is proud to continue the tradition of 152 years of devoted service with the Nevada chapters which now include the Snowshoe Thomson Chapter of Douglas County, the Julia C. Bulette Chapter of the Comstock and the Lucinda Jane Saunders Chapter of Elko County, named for some of Nevada’s most famous and influential residents; and

Whereas, In 1977, the Transierra Roisterous Alliance of Senior Humbugs (TRASH), a nonprofit fraternal organization composed of truly dedicated Clampers, was incorporated with the Secretary of State, continuing the furtherance of historical data of the great State of Nevada; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature, of whom many are proud members of E Clampus Vitus, do hereby declare April 16, 1997, as E Clampus Vitus Day at the Nevada Legislature, a day to be marked by appropriate revelry and thanksgiving; and be it further

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ê1997 Statutes of Nevada, Page 3585 (FILE NUMBER 24, ACR 9)ê

Resolved, That the Honorable and Ancient Order of E Clampus Vitus is praised and commended for its contributions to mankind and others, and recognized as an illustrious group of Clampers, Clampatrious, Vituscans and Frolicking Friars who must continue to serve and protect the residents of the Silver State; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Clamp Patriarch, Peter Van Alstyne, and to Mr. John W. Riggs, Sr.

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FILE NUMBER 25, SCR 3

Senate Concurrent Resolution No. 3–Senator Jacobsen

FILE NUMBER 25

SENATE CONCURRENT RESOLUTION–Commending the department of transportation, Douglas County and certain businesses for their efforts in the development of a regional drainage system for storm water in Stateline, Nevada, and urging the department to provide funding for its share of the costs of constructing, operating and maintaining the system.

Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and

Whereas, The increasing development of the Lake Tahoe Basin is threatening the quality of the water in Lake Tahoe; and

Whereas, The operation of systems for the collection, transportation and disposal of rainfall and other storm waters that no longer percolate into the ground because of the increased development is necessary to protect the quality and integrity of the water in Lake Tahoe; and

Whereas, The Department of Transportation, Douglas County and businesses owning property in Stateline, Nevada, adjacent to the northern portion of U.S. Highway 50 and the Loop Road are working toward an agreement for the construction, operation and maintenance of a regional drainage system for storm water that will serve approximately 150 acres by interconnecting and improving the individual treatment systems operated by those businesses; and

Whereas, If an agreement is entered into for the construction, operation and maintenance of the system, the Department of Transportation, Douglas County and the businesses participating in the construction of the system will be required to provide money for their respective shares of the costs of operating and maintaining the system after it is constructed; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature of the State of Nevada hereby commends the Department of Transportation, Douglas County and the businesses that are working toward an agreement for the development of a regional drainage system for storm water in Stateline, Nevada, for their efforts in developing the system to protect the quality and integrity of the water in Lake Tahoe; and be it further

Resolved, That the Department of Transportation is hereby urged to include in the estimates of its expenditure requirements that it submits biennially to the chief of the budget division of the department of administration pursuant to NRS 353.210 the money necessary to pay the department’s share of the costs for constructing, operating and maintaining the system; and be it further

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ê1997 Statutes of Nevada, Page 3586 (FILE NUMBER 25, SCR 3)ê

biennially to the chief of the budget division of the department of administration pursuant to NRS 353.210 the money necessary to pay the department’s share of the costs for constructing, operating and maintaining the system; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Transportation, the Board of County Commissioners of Douglas County and the Executive Director of the Lake Tahoe Gaming Alliance.

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FILE NUMBER 26, SCR 23

Senate Concurrent Resolution No. 23–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 26

SENATE CONCURRENT RESOLUTION–Memorializing former Nevada Legislator and journalist Walter Cox.

Whereas, The members of this legislative body note with sadness the passing of Walter Cox, a man who spent a lifetime serving the people of this state; and

Whereas, Walter Cox was a native Nevadan, who was born on September 24, 1900, in Virginia City, Nevada, to Franklin F. and Elizabeth McEvoy Cox; and

Whereas, Walter Cox moved to Yerington in 1906 where his father worked for the Yerington Times; and

Whereas, His father purchased the Mason Valley News in 1919 and the Yerington Times in 1932, and soon combined the two newspapers into one publication; and

Whereas, Walter Cox learned the printing trade at an early age and eventually became the owner, editor-publisher, columnist and janitor of the Mason Valley News; and

Whereas, His outstanding literary skills were expressed with a journalistic flair in “Cox’s Column,” which ran weekly in the Mason Valley News until his retirement in 1990; and

Whereas, Walter Cox, often referred to as the “Sage of Pizen Switch,” spent over 50 years married to the love of his life, Vivian, who preceded him in death on May 7, 1989; and

Whereas, Walter Cox served this state as a member of both the Nevada State Senate and Assembly, the Nevada Gaming Commission, the Nevada Planning Commission and the Yerington City Council; and

Whereas, Walter Cox served as President of the Nevada State Press Association and later enjoyed lobbying in the Nevada Legislature on behalf of the Association; and

Whereas, Walter Cox is survived by his daughter, Carol Ann Green of Rexford, New York, and his son, Gary Cox of Mercer Island, Washington; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3587 (FILE NUMBER 26, SCR 23)ê

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby extend their sincere condolences to the family and friends of a truly gifted native Nevadan; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Walter Cox’s surviving children, Carol Ann Green and Gary Cox.

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FILE NUMBER 27, AR 7

Assembly Resolution No. 7–Assemblymen Perkins, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 27

ASSEMBLY RESOLUTION–Directing the placement of a commemorative gavel in the Assembly chamber in honor of the dedicated legislative service of Joseph E. Dini, Jr.

Whereas, Joseph E. Dini, Jr., has given 30 years of his life in service to this state as a member of the Assembly of the State of Nevada; and

Whereas, Assemblyman Dini’s legislative service from 1967 through 1997, in four special sessions and 16 regular sessions, constitutes the longest service in history by a member of the Nevada Assembly; and

Whereas, In recognition of his integrity, wisdom, political acumen and leadership ability, Joseph E. Dini, Jr., was unanimously elected to an unprecedented seventh term as Speaker of the Assembly for the 69th session of the Nevada Legislature; and

Whereas, It is with much affection, great admiration and the deepest respect that the members of his legislative family desire to celebrate the legacy of this distinguished and dedicated public servant, and to preserve that legacy for legislative posterity; and

Whereas, An appropriate visual representation of Speaker Dini’s legislative legacy exists in the form of a 3-foot long gavel which was recently presented to him at a dinner held to recognize the lifetime of public service given to the residents of this state by Speaker Dini; and

Whereas, A brass plaque is affixed to the commemorative gavel that fittingly bears the inscription, “In perpetual honor of Joseph E. Dini, Jr., Speaker of the Nevada State Assembly” and the following quotation of Henry Clay from 1829: “Government is a trust, and officers of the government are trustees and both the trust and the trustees are created for the benefit of the people”; now, therefore, be it

Resolved by the Assembly of the State of Nevada, That the members of the Assembly hereby declare their collective and individual appreciation of and affection for Joe Dini; and be it further

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ê1997 Statutes of Nevada, Page 3588 (FILE NUMBER 27, AR 7)ê

Resolved, That the members of the Assembly hereby direct the Majority Leader, Richard D. Perkins, to take such actions as are necessary to encase the commemorative gavel appropriately and arrange for its permanent display in the Assembly chamber in recognition of the unquestionable manner in which Joseph E. Dini, Jr., has upheld the public trust during his record-breaking legislative service, and of the unparalleled contributions made by Joseph E. Dini, Jr., to the well-being of the residents of this state; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Joseph E. Dini, Jr.

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FILE NUMBER 28, SJR 1

Senate Joint Resolution No. 1–Committee on Natural Resources

FILE NUMBER 28

SENATE JOINT RESOLUTION–Urging the Tahoe Regional Planning Agency to prepare a plan to carry out its master plan for extending the existing systems and facilities for nonmotorized transportation completely around Lake Tahoe.

Whereas, The Tahoe Regional Planning Compact requires the Tahoe Regional Planning Agency to develop environmental threshold carrying capacities for the Lake Tahoe Basin which are necessary to maintain the significant scenic, recreational, educational, scientific and natural values in the Lake Tahoe Basin and to maintain public health and safety within the basin; and

Whereas, Providing systems and facilities for nonmotorized transportation that allow bicyclists and pedestrians to travel in the Lake Tahoe Basin without a motor vehicle is consistent with the environmental threshold carrying capacities for the basin; and

Whereas, The Tahoe Regional Planning Agency has adopted a master plan for the extension of the existing systems and facilities for nonmotorized transportation completely around Lake Tahoe, commonly referred to as the Loop Bikeway 2000 Project; and

Whereas, The master plan for the project has not been fully implemented; 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 Tahoe Regional Planning Agency to prepare a plan to carry out its master plan for the extension of the existing facilities for nonmotorized transportation completely around Lake Tahoe; and be it further

Resolved, That the Tahoe Regional Planning Agency is hereby urged to:

1. Identify those state agencies, local governments and special districts of the State of Nevada that are responsible for carrying out any portion of the master plan;

2. Include in its plan a statement concerning the amount of money necessary to carry out the master plan; and

3. Include in the plan the possible sources from which the money necessary to carry out the master plan may be obtained; and be it further

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ê1997 Statutes of Nevada, Page 3589 (FILE NUMBER 28, SJR 1)ê

Resolved, That the Tahoe Regional Planning Agency is hereby urged to submit the plan to all state agencies, local governments and special districts of the State of Nevada that it identifies as being responsible for the completion of any portion of the master plan and request those agencies, governments and districts to provide the funding which is necessary to carry out the master plan; and be it further

Resolved, That the Secretary of the Senate 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.

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FILE NUMBER 29, SCR 24

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

FILE NUMBER 29

SENATE CONCURRENT RESOLUTION–Designating April 3, 1997, as Nevada REALTORS® Day.

Whereas, The Nevada Legislature recognizes the importance of the service REALTORS® provide to the residents of this state; and

Whereas, There are approximately 7,000 REALTORS® working in the State of Nevada; and

Whereas, Every legislative session laws are enacted that directly involve the interests and rights of property owners and the duties of REALTORS® when selling property in Nevada; and

Whereas, It is imperative that the views of property owners as well as REALTORS® are known when considering changes to current laws that will affect participants in the transfer of real estate; and

Whereas, On April 3, 1997, REALTORS® from the State of Nevada will meet with members of this Legislature to give their insight into proposed changes in the laws concerning real estate; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature hereby express their appreciation of and commend the REALTORS® of Nevada for their support and involvement in the legislative process as they continue to offer their insight to ensure that the laws which are incorporated into the Nevada Revised Statutes will have a positive impact on the residents of the State of Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Association of REALTORS®.

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ê1997 Statutes of Nevada, Page 3590ê

FILE NUMBER 30, SCR 4

Senate Concurrent Resolution No. 4–Senator Jacobsen

FILE NUMBER 30

SENATE CONCURRENT RESOLUTION–Urging the department of transportation to include certain projects in the Lake Tahoe Basin in its list of projects eligible to receive the money set aside for transportation enhancement activities pursuant to the Interstate Surface Transportation Efficiency Act of 1991 and urging the board of directors of the department to allocate money for those projects based upon its determination of priorities.

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

Whereas, The runoff of water from streets and highways contributes to the degradation of the supply of water in the Lake Tahoe Basin; and

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

Whereas, The Intermodal Surface Transportation Efficiency Act of 1991 requires each state to use 10 percent of the money it receives from the federal government for surface transportation programs to finance transportation enhancement activities which include landscaping or other scenic beautification projects and projects for the mitigation of water pollution caused by the runoff of water from streets and highways; and

Whereas, The Board of Directors of the Department of Transportation chooses the projects that receive the money set aside for transportation enhancement activities from a list of eligible projects submitted to the board by the department; and

Whereas, The completion of certain projects in the Lake Tahoe Basin that are eligible for money set aside for transportation enhancement activities would control a major portion of the runoff and erosion from streets and highways in the basin and increase the scenic beauty of the areas surrounding those streets and highways; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Department of Transportation is hereby urged to include the following projects on the list of projects eligible to receive the money set aside for transportation enhancement activities pursuant to the Intermodal Surface Transportation Efficiency Act of 1991:

1. The project to improve landscaping, water quality and sidewalk facilities along state highway Route No. 28 on the north shore of Lake Tahoe from the Nevada state line to Reservoir Drive, commonly referred to as the North Shore Beautification and Water Quality Project;

2. The project to control erosion and treat the runoff of water along state highway Route No. 28 from Lakeshore Boulevard to Spooner Summit, commonly referred to as the Lakeshore Boulevard to Spooner Summit Project;

3. The project to construct parking facilities along state highway Route No. 28, commonly referred to as the Alternative Parking Facilities Project;

4. The completion of the project adjacent to U.S. Highway No. 50 in Stateline, Nevada, that is designed to improve the drainage to Edgewood Creek from the Loop Road to the commercial area at the lower end of Kingsbury Grade;

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ê1997 Statutes of Nevada, Page 3591 (FILE NUMBER 30, SCR 4)ê

Creek from the Loop Road to the commercial area at the lower end of Kingsbury Grade;

5. The performance of an engineering study to determine the actions necessary to control erosion and treat the runoff of water on U.S. Highway No. 50 from Spooner Summit to Kingsbury Grade; and

6. The performance of an engineering study to determine the actions necessary to control erosion and treat the runoff of water on Kingsbury Grade; and be it further

Resolved, That the Board of Directors of the Department of Transportation is hereby urged to allocate to those projects, based upon its determination of priorities, such an amount of the money set aside for transportation enhancement activities pursuant to the Intermodal Surface Transportation Efficiency Act of 1991, as it deems appropriate; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director and the Board of Directors of the Department of Transportation.

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FILE NUMBER 31, SCR 25

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

FILE NUMBER 31

SENATE CONCURRENT RESOLUTION–Memorializing United States District Judge Roger D. Foley.

Whereas, The members of the 69th session of the Nevada Legislature were deeply saddened to learn of the passing of United States District Judge Roger D. Foley on January 7, 1996; and

Whereas, Roger D. Foley was a native Nevadan, born on April 28, 1917, in Goldfield, Nevada, and moved to Las Vegas in 1928; and

Whereas, Roger Foley graduated from the University of San Francisco Law School and flew over 50 combat missions in World War II as a first lieutenant bombardier and navigator in the United States Army Air Corps; and

Whereas, In his extraordinary career, Roger Foley served as Clark County District Attorney and Attorney General of the State of Nevada before his appointment to the United States District Court by President John F. Kennedy in 1962; and

Whereas, The University of Nevada, Las Vegas, recognized the outstanding merits of Judge Foley’s work by honoring him in 1988 as a “Distinguished Nevadan”; and

Whereas, Judge Foley was widely known to his colleagues and the residents of Nevada as a man of compassion, intellect and integrity; and

Whereas, Judge Foley is survived by his wife, Anne Foley, daughters, Mary Lou Foley and Judy VanCleve, son, Mark Foley, brothers, George, Joseph and John and four grandchildren; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3592 (FILE NUMBER 31, SCR 25)ê

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 Foley; and be it further

Resolved, That Nevadans will long remember Judge Foley both for his many years of public service to the State of Nevada and the thoughtful and valuable contributions he offered the State of Nevada throughout his life; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Judge Foley’s widow, Anne Foley.

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FILE NUMBER 32, AR 8

Assembly Resolution No. 8–Committee on Elections, Procedures, and Ethics

FILE NUMBER 32

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

Resolved by the Assembly of the State of Nevada, That John Meyer is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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FILE NUMBER 33, AR 9

Assembly Resolution No. 9–Committee on Elections, Procedures, and Ethics

FILE NUMBER 33

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

Resolved by the Assembly of the State of Nevada, That Michael G. Collins is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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Assembly Joint Resolution No. 13 of the 68th Session–Committee on Taxation

FILE NUMBER 34

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.

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ê1997 Statutes of Nevada, Page 3593 (FILE NUMBER 34, AJR 13 of the 68th Session)ê

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.

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.

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ê1997 Statutes of Nevada, Page 3594 (FILE NUMBER 34, AJR 13 of the 68th Session)ê

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 statute 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.

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.

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ê1997 Statutes of Nevada, Page 3595 (FILE NUMBER 34, AJR 13 of the 68th Session)ê

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. 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.

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ê1997 Statutes of Nevada, Page 3596ê

Assembly Joint Resolution No. 33 of the 68th Session–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 35

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:

(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;

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ê1997 Statutes of Nevada, Page 3597 (FILE NUMBER 35, AJR 33 of the 68th Session)ê

(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.

[9.] 11. The commission may:

(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;

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ê1997 Statutes of Nevada, Page 3598 (FILE NUMBER 35, AJR 33 of the 68th Session)ê

(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;

(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and

(d) Exercise such further powers as the legislature may from time to time confer upon it.

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Assembly Joint Resolution No. 17 of the 68th Session–Assemblymen Neighbors, de Braga, Segerblom, Ernaut, Hettrick and Marvel

FILE NUMBER 36

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.]

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FILE NUMBER 37, AJR 2

Assembly Joint Resolution No. 2–Committee on Government Affairs

FILE NUMBER 37

ASSEMBLY JOINT RESOLUTION–Urging Congress to amend the Recreation and Public Purposes Act or to enact other legislation to facilitate the use of federal land for affordable housing.

Whereas, Approximately 87 percent of the land in Nevada is owned by the Federal Government; and

Whereas, Nevada has experienced a dramatic increase in its population during the last two decades; and

Whereas, The rate of increase in the population of Nevada is one of the highest in the nation; and

Whereas, As of the last census, Nevada has approximately 95,000 families of low income who are in need of affordable housing; and

Whereas, The shortage of affordable housing has forced some families of low income with children to occupy motels that have few or no facilities for the preparation and storage of food and that serve as an inadequate substitution for providing housing for children; and

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ê1997 Statutes of Nevada, Page 3599 (FILE NUMBER 37, AJR 2)ê

for the preparation and storage of food and that serve as an inadequate substitution for providing housing for children; and

Whereas, Several thousand senior citizens in Nevada are also unable to find affordable housing that is safe and sanitary; and

Whereas, The current shortage of affordable housing in Nevada is directly related to the high cost of available land in the state; and

Whereas, Congress controls a considerable amount of federal land in Nevada that may be used to provide affordable housing for persons of low income; and

Whereas, During the 104th session of Congress, United States Senator Richard Bryan proposed an amendment to the Recreation and Public Purposes Act (43 U.S.C. §§ 869 et seq.) which, if it had been enacted, would have included affordable housing as a public purpose for which public lands may be disposed of in any manner to governmental bodies and to nonprofit corporations; and

Whereas, During the 104th session of Congress, Representative John Ensign joined Senator Bryan in introducing the Southern Nevada Public Land Management Act of 1996, which, if it had been enacted, might have provided additional opportunities for the acquisition of land in the Las Vegas Valley to be used to provide additional sites for affordable housing; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature supports the efforts of Senator Bryan and Representative Ensign in this regard and urges the Nevada Congressional Delegation to continue to bring this issue before Congress; and be it further

Resolved, That the Congress of the United States is hereby urged to adopt an amendment to the Recreation and Public Purposes Act which would include affordable housing as a public purpose for which public lands may be disposed of in any manner to governmental bodies and to nonprofit corporations; and be it further

Resolved, That if Congress does not adopt such an amendment to the Recreation and Public Purposes Act, that Congress is hereby urged to enact legislation that would allow the sale of public lands to local governments and to nonprofit corporations at a price that is less than the fair market value of the land so that affordable housing projects may be developed; 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 and each member of the Nevada Congressional Delegation; and be it further

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

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ê1997 Statutes of Nevada, Page 3600ê

FILE NUMBER 38, AR 10

Assembly Resolution No. 10–Assemblymen Williams, Arberry, Hickey, Krenzer, Evans, Freeman, Hettrick, Chowning, Berman, de Braga, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Perkins, Buckley, Tiffany, Carpenter, Segerblom, Manendo, Nolan, Price, Cegavske, Lambert, Anderson, Bache, Collins, Lee, Koivisto, Parks, Mortenson, Dini, Sandoval and Braunlin

FILE NUMBER 38

ASSEMBLY RESOLUTION–Acknowledging the contributions of African-American explorer James Pierson Beckwourth and urging school districts to ensure that pupils learn about him.

Whereas, James (Jim) Pierson Beckwourth was born on April 26, 1798, in Fredericksburg, Virginia, the third of 13 children; and

Whereas, In the spring of 1818, Jim Beckwourth signed on with Colonel Richard M. Johnson as part of an expedition to work out a treaty with the Sac Nation of Native Americans; and

Whereas, The expedition was successful, and Jim Beckwourth remained with the Sac Nation for 2 years; and

Whereas, On October 11, 1823, Jim Beckwourth began his employment with the Rocky Mountain Fur Company and joined a party that included Jim Bridger and Kit Carson; and

Whereas, The party became known as the Mountain Men because they explored unmapped trails previously used only by Native Americans; and

Whereas, Jim Beckwourth spent time with the Crow Nation, who recognized him as a member and eventually a chief of the nation, and he married a Crow woman named Pine Leaf; and

Whereas, During the 1830s, Jim Beckwourth served as a scout for the United States Army in the Seminole Wars and owned a trading post on the Santa Fe Trail; and

Whereas, In 1843, Jim Beckwourth met General John Charles Fremont, a famous explorer from Nevada, and later became Fremont’s chief scout in the Bear Flag rebellion against Mexico for control of the California Territory; and

Whereas, Jim Beckwourth made a discovery that secures his place in the history of the West when, just a few miles northwest of what is now Reno, on what is now Route 70 in California, Beckwourth found a significant pass through the Sierra Nevada mountains; and

Whereas, Beckwourth Pass, as it is now called, soon became important as a gateway to the Gold Rush in California and in the development of the Comstock Lode; and

Whereas, Jim Beckwourth died in 1866 after a full life as a trapper, scout, guide, wagon master and interpreter; and

Whereas, Jim Beckwourth belongs in the pages of our history books in connection with Kit Carson, Jim Bridger and John Charles Fremont, and Jim Beckwourth’s adventures and contributions to the settlement of the West should be studied by pupils across the State of Nevada; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3601 (FILE NUMBER 38, AR 10)ê

Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 69th session of the Nevada Legislature do hereby recognize the contributions of one of this state’s greatest explorers, James Pierson Beckwourth; and be it further

Resolved, That this body encourages each school in the State of Nevada to incorporate the history of James Pierson Beckwourth into its curriculum and to ensure that each pupil has the opportunity to learn about this great man and his contributions to the State of Nevada and to the settlement of the West; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Linda Gipson, Principal of Kit Carson Elementary School in Las Vegas, and to the boards of trustees of each school district.

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FILE NUMBER 39, ACR 14

Assembly Concurrent Resolution No. 14–Assemblymen Anderson, Amodei, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 39

ASSEMBLY CONCURRENT RESOLUTION–Designating April 13 through April 19, 1997, as Victims’ Rights Week.

Whereas, The cost of crime in this country is approximately $105 billion annually including the loss of property and productivity as well as exorbitant medical expenses, which amounts to an annual “crime tax” of approximately $425 for every citizen of the United States; and

Whereas, A violent crime is committed approximately every 18 seconds in this country; and

Whereas, Crime increased almost 40 percent during the years from 1990 to 1994, and the State of Nevada has one of the highest crime rates among the western states, totaling 6,677 crimes for every 100,000 residents in 1994; and

Whereas, Victims of crime often suffer not only physical injuries, but devastating emotional trauma and pecuniary losses as well; and

Whereas, The criminal justice system relies almost entirely upon information provided by the victim in solving crimes, and this places additional stress upon victims who have already suffered intense physical or emotional trauma, or both; and

Whereas, In a show of support and determination, the residents of Nevada amended section 8 of article 1 of the Nevada Constitution to provide for increased rights for victims of crime; and

Whereas, The Nevada Legislature has supported and continues to support, through its legislative efforts, innocent victims of crime; and

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ê1997 Statutes of Nevada, Page 3602 (FILE NUMBER 39, ACR 14)ê

Whereas, The observance of a Victims’ Rights Week provides an excellent opportunity for all residents of this state to reflect upon this tragic problem, become more aware of the problems faced by victims of crime and take an active role in providing aid and support for victims of crime in their communities; and

Whereas, Dedicated members of VICTORY (Victims in Crisis, Turmoil or Recovery), a victims’ rights organization in Northern Nevada, have worked tirelessly to aid victims of crime and have strived to see that justice is attained by ensuring a balance between the rights of the victim and the rights of the accused; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby designate April 13 through April 19, 1997, as Victims’ Rights Week; and be it further

Resolved, That the Nevada Legislature hereby commends all organizations that provide services to victims of crime and expresses its sincere gratitude to the members of the Northern Nevada victims’ rights organization, VICTORY, for their continuing efforts to help those victims in need of understanding and assistance; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Kathy Jacobs, President of the Northern Nevada victims’ rights organization, VICTORY.

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FILE NUMBER 40, SCR 27

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

FILE NUMBER 40

SENATE CONCURRENT RESOLUTION–Designating April 17, 1997, as Library Day in the State of Nevada.

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

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

Whereas, Libraries provide access to information found in books and materials in all formats, including electronic databases and the Internet; and

Whereas, Libraries are committed to increasing the literacy level of children and adults through lifelong learning; and

Whereas, Libraries provide access for all residents of this state to recreational, educational and economic information regardless of one’s economic status; and

Whereas, National Library Week will be observed during the week of April 18; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby designate April 17, 1997, as Library Day in the State of Nevada in recognition of our public, school, special and university libraries and their importance to the growth and development of all residents of the State of Nevada.

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ê1997 Statutes of Nevada, Page 3603 (FILE NUMBER 40, SCR 27)ê

of Nevada in recognition of our public, school, special and university libraries and their importance to the growth and development of all residents of the State of Nevada.

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FILE NUMBER 41, ACR 16

Assembly Concurrent Resolution No. 16–Committee on Health and Human Services

FILE NUMBER 41

ASSEMBLY CONCURRENT RESOLUTION–Declaring the month of April as Child Abuse Prevention Month in the State of Nevada.

Whereas, Child abuse is one of the leading concerns of our country and this state; and

Whereas, In 1995, approximately 2,000,000 reports of maltreatment were investigated nationwide, involving almost 3,000,000 children, 1,000,000 of which were substantiated; and

Whereas, Approximately 18,000 children each year are permanently disabled from abuse and neglect; and

Whereas, It is estimated that 2,000 infants and young children under 4 years of age die from maltreatment each year, more than five children every day, and it is believed that the actual number of fatalities may be much higher; and

Whereas, Maltreatment may take the form of physical, emotional or medical neglect, physical abuse, sexual abuse, abandonment, congenital drug addiction and threats of harm; and

Whereas, The abuse of drugs and alcohol and the cycle of domestic violence have been proven to be leading factors in child abuse and neglect; and

Whereas, Statistical research indicates that a child who has suffered abuse has a greater overall risk of perpetuating the cycle of domestic violence, of exhibiting delinquent behavior and of committing a violent crime, and, therefore, early intervention is of prime importance to the child and the family, as well as to society; and

Whereas, Because children are uniquely vulnerable, with voices that are seldom heard, society has a responsibility to intervene on their behalf and to speak for them; and

Whereas, Every concerned adult in our community should know the signs and symptoms of child abuse and be ready and willing to report suspected child abuse to the proper authorities; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 69th session of the Nevada Legislature recognizes the importance of the family and our commitment to the safety and well-being of all children; and be it further

Resolved, That parent education programs, home visitation programs, family mentoring programs and public awareness campaigns are an important part of addressing child abuse and neglect; and be it further

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ê1997 Statutes of Nevada, Page 3604 (FILE NUMBER 41, ACR 16)ê

Resolved, That the month of April is hereby declared Child Abuse Prevention Month and that the residents of Nevada are encouraged to display a blue ribbon on their clothing or car antennas to increase public awareness and promote prevention of child abuse and neglect.

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FILE NUMBER 42, AJR 7

Assembly Joint Resolution No. 7–Committee on Natural Resources, Agriculture, and Mining

FILE NUMBER 42

ASSEMBLY JOINT RESOLUTION–Urging the Secretary of the Interior to suspend or withdraw the new regulation of the Bureau of Land Management governing bonding requirements for certain mining operations on public lands.

Whereas, The United States Bureau of Land Management proposed on July 11, 1991, to amend its policies governing bonding requirements for reclamation of hard-rock mining operations on public lands, as set forth in the regulations governing surface management in Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations; and

Whereas, The Bureau of Land Management recently adopted those proposed regulations with the publication of a final rule on February 28, 1997, approximately 5 1/2 years later; and

Whereas, The newly amended regulation takes effect on March 31, 1997, and contains new policies that were not a part of the policies proposed on July 11, 1991, including requirements for the certification of reclamation cost estimates by a third-party professional engineer; and

Whereas, The general public was not apprised of the substance of the final version of the regulation and the significant issues involved, and therefore had no opportunity to comment on the new policies included in the final rule, in violation of the federal Administrative Procedures Act (5 U.S.C. § 553); and

Whereas, The final rule will have a negative impact on large and small miners, on their suppliers and contractors and on the economy and residents of the State of Nevada; and

Whereas, Without any opportunity for comment and with no increase in federal funding, the final rule will substantially increase the work load for agencies in the State of Nevada that administer programs in the areas of environmental protection and minerals; and

Whereas, The final rule could have a severe impact on the administration of the program providing for the pooling of reclamation performance bonds established in this state pursuant to chapter 519A of the Nevada Revised Statutes; and

Whereas, The final rule would place the Bureau of Land Management in the position of enforcing criteria for water quality, a task that rightfully belongs to the State Department of Conservation and Natural Resources pursuant to the Nevada Revised Statutes and the federal Clean Water Act; and

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ê1997 Statutes of Nevada, Page 3605 (FILE NUMBER 42, AJR 7)ê

Whereas, The Bureau of Land Management has provided no documentation or evidence of problems regarding the failure of miners to carry out required reclamation efforts in this state; and

Whereas, The State of Nevada has been a strong supporter of mining reclamation programs, and the Bureau of Land Management itself acknowledges that this state is a leader in such programs; and

Whereas, The Bureau of Land Management has initiated a complete regulatory review of the regulations governing surface management set forth in Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations but has separated the policies regarding bonding requirements for reclamation of hard-rock mining operations on public lands from that review without explanation; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature are outraged by the procedures followed by the Bureau of Land Management in adopting the final rule on bonding requirements for reclamation of hard-rock mining operations on public lands, especially because those procedures violate the guarantee of due process in the United States Constitution; and be it further

Resolved, That the members of the 69th session of the Nevada Legislature urge the Secretary of the Interior to suspend or withdraw the final rule on bonding requirements for reclamation of hard-rock mining operations on public lands and to include the subject matter in the review, which is already in progress, of Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of the Interior, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

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

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FILE NUMBER 43, ACR 7

Assembly Concurrent Resolution No. 7–Assemblymen de Braga, Ohrenschall, Amodei, Segerblom, Buckley, Lee, Parks, Neighbors, Marvel, Von Tobel, Humke, Herrera, Goldwater, Arberry, Anderson, Bache, Freeman, Lambert, Braunlin, Koivisto, Gustavson, Cegavske, Sandoval, Mortenson, Collins, Chowning, Ernaut, Hettrick, Perkins and Giunchigliani

FILE NUMBER 43

ASSEMBLY 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

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ê1997 Statutes of Nevada, Page 3606 (FILE NUMBER 43, ACR 7)ê

Whereas, These products consist of cattle, sheep, lambs, hogs and other livestock, garlic, onions, 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 Assembly of the State of Nevada, the Senate 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 Chief Clerk of the Assembly 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.

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FILE NUMBER 44, SR 4

Senate Resolution No. 4–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 44

SENATE RESOLUTION–Expressing appreciation to the staff of the Senate for their dedication and outstanding performance during the 69th 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 Nevada Legislature is largely dependent on the quality and dedication of its staff; and

Whereas, This legislative session has been especially demanding on the staff because of the many major inconveniences caused by the renovation of the legislative building before and during this legislative session; and

Whereas, The bill clerks, secretaries, sergeants at arms, clerical and support staff who serve as attaches of the Senate have worked diligently and efficiently in their service to members of the Senate; now, therefore, be it

Resolved by the Senate of the State of Nevada, That the members of the Senate of the 69th session of the Nevada Legislature do hereby express their appreciation and commend the outstanding support staff of the Senate which includes Mary Jo Mongelli, Ann-Berit Moyle, Mary R.

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ê1997 Statutes of Nevada, Page 3607 (FILE NUMBER 44, SR 4)ê

express their appreciation and commend the outstanding support staff of the Senate which includes Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Mary Ellen Patt, Claire Clift, Jane Gill, Ruth B. Pierini, Charles Welsh, Sam A. Palazzolo, Ronald Sandoval, Geraldine E. Selover, John D. Turner, Shirley Hammon, Betty Christenson, Jane King, Joan Thran, Lucille Hill, Linda Chapman, Robin Camacho, Mary Hernandez, Maudie S. Long, Paula M. Saponaro, June A. Riesau, Jessie Armstrong, Sandy Arraiz, Sheri Asay, Ricka Benum, Lynn Berry, Billie Brinkman, Collette Burke, Cwendolyn Chapman, Lisa Clearwater, Kathy Cole, Emory Crews, Angela Culbert, Maryanne Dawicki, Diane Dixon, Madalena Fischer, Jo Greenslate, Patricia Hampton, Carolyn Hoganson, Kat Howe, Vonda Huish, Judy Jacobs, Carol Martini, Carrie Maynard, Mary Jo Meyer, Deborah Miller, Barbara Moss, Susan Parkhurst, Diane C. Rea, Deborah Riggs, Timothy Robison, Deanne Runacres, Donna Sanders, Marion E. Sandoval, Mavis Scarff, Mary Soscia, Linda L. Ward, JoAnn Wessel, Beverly Willis, Rayna A. Wortman, Norman R. Wessel, Randy Robison, Edward Cordisco, Janet Meredith, Mary Gavin, Rene Goodman, Alyce L. King, Oliver O. Perondi, Joe Pieretti, Rose Marie Price, Gayle Pyle, Lori Whatley and Patty Woodworth; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each of the Senate staff mentioned in this resolution.

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FILE NUMBER 45, AR 11

Assembly Resolution No. 11–Assemblymen Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 45

ASSEMBLY RESOLUTION–Expressing appreciation to the staff of the Assembly and designating April 23, 1997, as Assembly Staff Appreciation Day.

Whereas, The Nevada Legislature undertakes an enormous task every 2 years in the performance of its legislative duties on behalf of the residents of the State of Nevada; and

Whereas, The smooth and efficient operation of the Nevada Legislature is largely dependent upon the abilities of the members of its staff to learn and assimilate new skills rapidly in the performance of their demanding duties; and

Whereas, The bill clerks, secretaries, sergeants at arms, and clerical and support staff who serve as attaches of the Assembly have worked diligently and efficiently in their service to the members of the Assembly; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3608 (FILE NUMBER 45, AR 11)ê

Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 69th session of the Nevada Legislature do hereby express their appreciation and commend the outstanding support staff of the Assembly, which includes Jacqueline Sneddon, Lucinda Benjamin, Bonnie Borda, Susan Furlong Reil, Carolyn Grabski, Terry Sullivan, Jason Hataway, Rebecca Lawson, Joe Crawford, Christopher Brunsvold, Nicole Geissler, Gregorio Torres, Michael Wiese, Jeanne Douglass, Heather Collins, Paula Winne, Patricia Hicks, Marcelene Wehry, Carole Johnston, Laverna Marwin, Harle Glover, Philene Anderson, Matthew Baker, Jane Baughman, Cynthia Clampitt, Lori Conforti, Joi Davis, Erin DeLong, Vicki Folstad, Virginia Letts, Sara Kaufman, Nykki Kinsley, Janice Luevano, Jean McGuire, Brenda Olson, Carmela Porcella, Jo Rasey, Sherie Silva, Sharon Spencer, Ann Van Nostrand, Rita Ahart, Ann Buoncristiani, Mark Carlson, Carole Cavolick, Reba Coombs, Linda Cooper, Linda Corbett, Stephany Corral, Cecile Crofoot, Irene Davis, Kathleen Day, Naomi Dottei, Elizabeth Frankel, Kristi Geiser, Barbara Gray, Marge Griffin, Donna Hancock, Joyce Hess, Barbara Houger, Ralph Keetch, Jr., Dana Langdon, Kelly Liston, Linda Kincaid, Jana Mabry, Yhvona Martin, Carolyn Maynick, Lois McDonald, Marilyn McElhany, Francis Noe, Betty Phenix, Barbara Pryor, Debra Spieth, Lela Rude, Sheila Sease, Jasmine Shackley, Cindy Southerland, Carol Thomsen, Frankie Valley, Dyan Merritt, Brent Alverson, Michael Collins, Bruce Pfeiffer, Edward Cordisco, Jr., Mary Carel, Katie Beydler, Norm Budden, Melvin Cowperthwaite, John Davis, Jr., Juanita Heston, Kathleen Jorgenson, Lois LaHair, Steve Lamoreaux, Ron Marwin, Bob Maynick, Birgitta Metz, John Meyer, Reid Meyer, Barbara Morgan, Mike Pintar and Shanna Pozzi; and be it further

Resolved, That April 23, 1997, is hereby designated as Assembly Staff Appreciation Day in recognition of the dedicated and excellent service the staff of the Assembly has provided to the members of the Assembly and to the residents 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 each of the Assembly staff mentioned in this resolution.

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FILE NUMBER 46, SJR 15

Senate Joint Resolution No. 15–Committee on Legislative Affairs and Operations

FILE NUMBER 46

SENATE JOINT RESOLUTION–Expressing support for the upcoming Presidents’ Summit for America’s Future and urging Nevadans to participate in related projects locally.

Whereas, The Presidents’ Summit for America’s Future will take place in Philadelphia April 27 through April 29, 1997, to celebrate our nation’s heritage of volunteer service and to call the country back into action; and

Whereas, President Bill Clinton and former President George Bush will serve as honorary co-chairs of the Summit and General Colin Powell will serve as General Chairman of the Summit; and

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ê1997 Statutes of Nevada, Page 3609 (FILE NUMBER 46, SJR 15)ê

Whereas, Presidents and First Ladies will join local and national leaders at the Summit in a historic call to commitment and action through volunteer service to provide, by the turn of the century, fundamental resources for America’s youth; and

Whereas, The laudable goals of the Summit are to develop for America’s youth:

1. Resources which will provide an ongoing relationship with a caring adult, mentor, tutor or coach;

2. Safe places and structured activity during nonschool hours to learn and grow;

3. A marketable skill through effective education;

4. A healthy start; and

5. An opportunity to give back through community service; and

Whereas, The community of Las Vegas was one of 100 communities nationwide invited to participate in the Summit, and Nevada’s First Lady, Sandy Miller, will attend the historic event in Philadelphia, accompanied by the other members of the Las Vegas Delegation that include Audrey Arnold, Maria Chairez, Robyn Clayton, Barbara Grostick, Charlene Herst, Delshanna Jones, Christian Kolberg, Bill Martin and Garth Winckler; and

Whereas, The Las Vegas Delegation, in focusing on the Summit goals, will be participating in an inspiring program to develop a concrete plan of action to achieve broader community involvement and local commitment to turn the tide for America’s youth; now, therefore, be it

Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature hereby heartily express support from the State of Nevada for all of the participants of the Presidents’ Summit for America’s Future; and be it further

Resolved, That the Legislature hereby urges all Nevadans to volunteer their time and to pledge their resources in making this project a tremendous success; and be it further

Resolved, That the Secretary of the Senate prepare and transmit copies of this resolution to Governor Bob Miller and First Lady Sandy Miller, for transmittal to President William Jefferson Clinton, former President George Herbert Walker Bush and General Colin Powell; and be it further

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

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FILE NUMBER 47, ACR 5

Assembly Concurrent Resolution No. 5–Assemblywoman Freeman

FILE NUMBER 47

ASSEMBLY CONCURRENT RESOLUTION–Designating the month of October as Nevada’s Month for Children With Special Needs.

Whereas, The children of this state are its most precious resource; and

Whereas, Children with special needs are an integral part of our communities and make a valuable contribution to society as a whole; and

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ê1997 Statutes of Nevada, Page 3610 (FILE NUMBER 47, ACR 5)ê

Whereas, The health and developmental concerns of children are more likely to become chronic and debilitating into adulthood if not addressed; and

Whereas, The family is the primary decision maker for children with special needs; and

Whereas, Anything that happens to one person in a family impacts the entire family and everything that happens to a family impacts the rest of the community; and

Whereas, Programs that serve children with special needs and their families have proven to be of significant benefit; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the month of October is hereby designated as Nevada’s Month for Children With Special Needs; and be it further

Resolved, That the Nevada Legislature recognizes its responsibility to children with special needs and their families; and be it further

Resolved, That families and communities within the State of Nevada and local and state governmental agencies are hereby urged to observe the month by emphasizing and supporting a public awareness program on the importance of children with special needs and their families and by providing information concerning all locally available services and providers and facilities that provide such services; and be it further

Resolved, That the Division of Child and Family Services, the Health Division and the Welfare Division of the Department of Human Resources, the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the Department of Education and the Early Intervention Interagency Coordinating Council shall provide such technical assistance as may be necessary to disseminate this information; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Department of Human Resources, the Director of the Department of Employment, Training and Rehabilitation, the Superintendent of Public Instruction and the Chairman of the Early Intervention Interagency Coordinating Council.

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ê1997 Statutes of Nevada, Page 3611ê

FILE NUMBER 48, ACR 17

Assembly Concurrent Resolution No. 17–Assemblymen Hettrick, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 48

ASSEMBLY CONCURRENT RESOLUTION–Commending the participants of the 1997 Annual Commemorative Re-Run celebrating the 137th anniversary of the Pony Express.

Whereas, The Pony Express was an overland mail service which extended approximately 1,900 miles from St. Joseph, Missouri, to Sacramento, California, and which was in operation for a mere 18 months from April 3, 1860, to October 28, 1861; and

Whereas, The operation of the Pony Express required 500 horses, 190 relay stations, of which 29 were located across the State of Nevada, and 80 riders; and

Whereas, The trail originated in St. Joseph, Missouri, and wound through the states of Kansas, Nebraska, Colorado, Wyoming, Utah and Nevada en route to the terminus in Old Sacramento, California; and

Whereas, For their efforts riders received $120 to $125 per month, a Bible and a single pistol with an extra loaded cartridge; and

Whereas, Each rider was required to take an oath swearing not to use profane language, drink alcohol or fight with any other employee of the Pony Express; and

Whereas, Although the 10-day, 1,900-mile trek across the “Wild West” was a dangerous undertaking, only two of the original riders perished during the 18-month operation of the Pony Express, and they are buried near the site of the original station at Dry Creek Ranch, approximately 40 miles east of Austin, Nevada; and

Whereas, The mail was carried in a leather mochila that was thrown over the saddle and contained four boxes, two on each side, in which to carry mail; and

Whereas, When the coast-to-coast telegraph system was completed on October 24, 1861, and people began sending messages to the western states by wire, the Pony Express formally went out of existence; and

Whereas, The Pony Express performed a tremendously valuable service for the United States by rapidly transmitting mail to the West Coast, but failed financially because of its enormous expenses; and

Whereas, In 1960, riders retraced the Pony Express trail in commemoration of the 100th anniversary of the historical venture; and

Whereas, Seventeen years later in 1977, several of those who participated in the 1960 re-ride organized a re-creation of the Pony Express that is now held annually in June; and

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ê1997 Statutes of Nevada, Page 3612 (FILE NUMBER 48, ACR 17)ê

Whereas, This year will mark the 137th anniversary of the Pony Express; and

Whereas, To this day, every rider participating in the annual reenactment of the Pony Express is required to take the original oath and follow the original trail, and the re-ride is accomplished in 10 days; and

Whereas, Upon entering Nevada from Utah near Ibabah, the trail roughly follows U.S. Highway No. 50 through White Pine County north of Ely, through Eureka County north of Eureka, through Lander County at Austin, through Churchill County across Sand Springs and south of Fallon, through Lyon County at Fort Churchill, into Carson City and then south through Douglas County on Foothill Road to Genoa and up to South Lake Tahoe; and

Whereas, The Nevada Division of the National Pony Express Association is the largest division, and 123 riders from this state participate in the portion of the annual re-ride that winds through Nevada; and

Whereas, On August 3, 1992, after 9 years of tedious effort on the part of several members of the National Pony Express Association, the Pony Express National Historic Trail became a component of the National Trails System; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby commend the participants of the 1997 Annual Commemorative Re-Run celebrating the 137th anniversary of the Pony Express; and be it further

Resolved, That this body is especially proud of the 123 riders from the Nevada Division who help to make this event successful as they ride across 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 David Thomas, President of the Nevada Division of the National Pony Express Association.

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FILE NUMBER 49, SCR 28

Senate Concurrent Resolution No. 28–Senators Jacobsen, Adler, Augustine, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 49

SENATE CONCURRENT RESOLUTION–Designating April 24, 1997, as “Collector Car Day” in the State of Nevada.

Whereas, The State of Nevada takes great pride in preserving its history, which is reflected by the hobby of restoring antique automobiles practiced by many of its residents; and

Whereas, As our country approaches a new century, it becomes increasingly evident that with the invention of the automobile, the life of every citizen of the United States has been impacted tremendously; and

Whereas, This legislative body salutes the inventors, tinkerers and dreamers who began with a covered wagon and participated in the evolution of the wagon into a hardtop, minivan and four-wheel drive pickups with air conditioning and cruise control; and

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ê1997 Statutes of Nevada, Page 3613 (FILE NUMBER 49, SCR 28)ê

of the wagon into a hardtop, minivan and four-wheel drive pickups with air conditioning and cruise control; and

Whereas, Looking back to the genius of Henry Ford as he took the first step in making the automobile practical and affordable for the average man, we recognize how much progress has been made in the automobile industry as we reminisce over Henry Ford’s comment from days gone by, wherein he stated, “You can have any color you want so long as it’s black”; and

Whereas, The residents of this state become nostalgic over the classics of the 1930s, when those who could afford them drove Auburns, Cords and Duesenbergs, and remember the absence of the production of civilian vehicles during World War II; and

Whereas, Later in the 1950s, “woodies” became the epitome of class, Hudson Hornets dominated the NASCAR circuit, tail fins sprouted on everything and everyone “oohed and aahed” as Corvettes and Thunderbirds sped by; and

Whereas, The members of this legislative body celebrate the inherited blessing of the automobile, which has found a permanent place in the garages and hearts of all mankind, both in daily life and in leisure-time pursuits; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature commend the many residents who participate in the car clubs and automotive organizations in the State of Nevada in an effort to maintain the memories of our car culture and provide a reason to reflect upon the past and its many cherished memories; and be it further

Resolved, That April 24, 1997, is hereby designated as “Collector Car Day” in a statewide celebration of the automobile.

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FILE NUMBER 50, SCR 29

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

FILE NUMBER 50

SENATE CONCURRENT RESOLUTION–Commemorating the 50th Anniversary of the United States Air Force.

Whereas, The men and women of the United States Air Force have served our nation with dedication and selflessness over the last 5 decades; and

Whereas, The United States Air Force and its predecessor, the Army Air Corps, have operated with professionalism and distinction in the great State of Nevada since 1941; and

Whereas, The United States Air Force has defended the nation in conflict and served the cause of peace and freedom through humanitarian and peace-keeping operations around the world; and

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ê1997 Statutes of Nevada, Page 3614 (FILE NUMBER 50, SCR 29)ê

Whereas, This nation’s industry has provided members of the United States Air Force with the most technologically advanced weapons systems in the world; and

Whereas, The residents of the State of Nevada recognize the past and present contributions of veterans, retirees and those serving on active duty, in the National Guard and the National Guard Reserve and in the civilian ranks, who have been or continue to be affiliated with the United States Air Force; and

Whereas, The State of Nevada is hosting one of the largest celebrations of the 50th Anniversary of the Air Force, which will be attended by members of the United States Air Force and international members of Air Force organizations; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby commemorate the 50th Anniversary of the United States Air Force as a separate service and salutes the entire Air Force community.

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FILE NUMBER 51, ACR 18

Assembly Concurrent Resolution No. 18–Assemblymen Price, Dini, Perkins, Hettrick, Goldwater, Von Tobel, Evans, Krenzer, Nolan, Braunlin, Cegavske, Gustavson, Williams, Bache, Lee, Humke, Ernaut, Chowning, Collins, Neighbors, Manendo, Giunchigliani, Mortenson, Ohrenschall, Buckley, Herrera, Arberry, Amodei, Lambert, Hickey, Carpenter, Marvel, Close, Sandoval, Parks, Anderson, Berman, de Braga, Segerblom, Freeman, Koivisto and Tiffany

FILE NUMBER 51

ASSEMBLY CONCURRENT RESOLUTION–Granting administrative leave to legislative employees in recognition of their service to the 69th 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 many major inconveniences caused by the renovation of the legislative building before and during this legislative session did not stop the vital flow of their work but instead provided yet another opportunity for these dedicated employees to demonstrate their extraordinary talents, patience, flexibility, work ethic and resourcefulness; and

Whereas, The members of the 69th 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 Legislative Counsel Bureau and all other employees hired temporarily for the legislative session; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3615 (FILE NUMBER 51, ACR 18)ê

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 are 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.

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FILE NUMBER 52, ACR 20

Assembly Concurrent Resolution No. 20–Assemblymen Krenzer, Evans, Arberry, Hettrick, Manendo, Nolan, Price, Cegavske, Sandoval, Mortenson, Collins, Chowning, Ernaut, Anderson, Bache, Freeman, Lambert, Parks, Braunlin, Koivisto, Lee, Gustavson, Hickey, Tiffany, Carpenter, Close, Amodei, Buckley, Giunchigliani, de Braga, Von Tobel, Segerblom, Herrera, Humke, Ohrenschall, Berman, Goldwater, Marvel, Dini, Perkins, Neighbors and Williams

FILE NUMBER 52

ASSEMBLY CONCURRENT RESOLUTION–Designating April 28, 1997, as Workers’ Memorial Day in the State of Nevada.

Whereas, The American Federation of Labor and Congress of Industrial Organizations will observe Workers’ Memorial Day this year on April 28, 1997; and

Whereas, This is a day to remember workers who have been injured, diseased or killed 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 injured, diseased or killed on the job which amounts to approximately one worker every 5 seconds; and

Whereas, In the State of Nevada alone, there have been 40 employees killed on the job between January 1, 1996, and March 31, 1997; and

Whereas, These tragedies and the devastation they cause for families and co-workers are too often quickly forgotten; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature hereby designate April 28, 1997, as Workers’ Memorial Day, a day to honor and remember workers who have died or been injured as a result of work-related accidents; and be it further

Resolved, That residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety in the workplace so that future tragedies can be prevented.

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ê1997 Statutes of Nevada, Page 3616ê

FILE NUMBER 53, AR 12

Assembly Resolution No. 12–Committee on Elections, Procedures, and Ethics

FILE NUMBER 53

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

Resolved by the Assembly of the State of Nevada, That Monica Clark is elected as an additional attache of the Assembly for the 69th session of the Legislature of the State of Nevada.

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FILE NUMBER 54, ACR 21

Assembly Concurrent Resolution No. 21–Assemblymen Nolan, Price, Cegavske, Sandoval, Mortenson, Collins, Chowning, Hettrick, Ernaut, Perkins, Buckley, Williams, Berman, de Braga, Neighbors, Marvel, Segerblom, Carpenter, Tiffany, Hickey, Evans, Manendo, Krenzer, Gustavson, Koivisto, Braunlin, Parks, Lambert, Freeman, Bache, Lee, Anderson, Arberry, Giunchigliani, Goldwater, Herrera, Close, Humke, Amodei, Ohrenschall, Von Tobel and Dini

FILE NUMBER 54

ASSEMBLY CONCURRENT RESOLUTION–Declaring the month of April as Workplace Good Health and Fitness Month in Nevada.

Whereas, Numerous studies have shown that workers who get regular exercise enjoy reduced costs of health care, reduced absenteeism from work, reduced job turnover and increased job efficiency, productivity and satisfaction; and

Whereas, Regular exercise improves work performance, reduces stress and enhances self-image and self-worth; and

Whereas, Half of all premature deaths and illnesses in this country are caused by poor lifestyle habits; and

Whereas, A sedentary lifestyle and excess body weight are two significant health risk factors, and approximately one-half and one-quarter, respectively, of the adult residents of the State of Nevada fall into these categories; and

Whereas, In a study of overall health in each state that considered factors such as prevalence of smoking and rates of heart disease, cancer and infectious diseases, this state ranked as the second least healthy population in the United States; and

Whereas, Forty-five percent of the adult residents of the State of Nevada report that they do not engage in any physical activity during their leisure time; and

Whereas, A fitness program initiated by General Electric reduced costs of health care for participants in the program by 38 percent in an 18-month period while costs of health care for nonparticipants increased by 21 percent; and

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ê1997 Statutes of Nevada, Page 3617 (FILE NUMBER 54, ACR 21)ê

Whereas, By using a combination of managed care and the promotion of health on the work site, the City of Birmingham, Alabama, held down the increase of expenditures for medical care over a 5-year period to just 1.4 percent compared to 11 to 14 percent for other employers in the area; and

Whereas, Companies all across the United States, including Bank of America, Coors Brewing Company and the Travelers Insurance Company, are finding that the return on investment for activities for the promotion of health is positive, averaging about $3 of savings for every $1 invested in the promotion of health; and

Whereas, The Nevada Legislature supports the promotion of programs of employee fitness as a means of reducing absenteeism from work and turnover of employees and bolstering the morale and commitment of employees; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby proclaims the month of April as Workplace Good Health and Fitness Month in Nevada to encourage all Nevadans to participate in programs of regular exercise and physical activity for healthier lives and for improved performance and satisfaction at work; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor of the State of Nevada.

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FILE NUMBER 55, SCR 30

Senate Concurrent Resolution No. 30–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 55

SENATE CONCURRENT RESOLUTION–Congratulating Mineral County High School’s girls’ basketball team for winning the 1997 3A state championship, which was its fourth consecutive state championship.

Whereas, For the fourth year in a row, the Mineral County High School’s girls’ basketball team won its conference, zone and state championships compiling a record of 104 wins against 11 losses; and

Whereas, This is the first time in the history of Nevada that a girls’ high school basketball team has won four state championships in a row; and

Whereas, The Mineral County High School’s “Lady Serpents” have demonstrated a spirit and determination that has exceeded all expectations as these remarkable ladies continue to give 110 percent to their school and to their team as team players; and

Whereas, This year’s “Lady Serpents” include Kim Dement, Courtney Ewing, Nicole Ferrell, Jayci Madraso, Temple Montoya, Jennifer Munger, Ashlee Orndorff, Courtney Quintero, Ericka Selby, Kori Winters and Shalon Worthen, managers, Shawntee Mathews and Brigette Peterson, Coaches, John Madraso, Willow Phillips and George Winters, Assistant Coach Liane Filkowski and Head Coach David Gelmstedt; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3618 (FILE NUMBER 55, SCR 30)ê

Coach Liane Filkowski and Head Coach David Gelmstedt; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby extend their congratulations to the Mineral County High School’s girls’ basketball team upon winning four state championships in a row; and be it further

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

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FILE NUMBER 56, SCR 31

Senate Concurrent Resolution No. 31–Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 56

SENATE CONCURRENT RESOLUTION–Congratulating the Bishop Gorman High School’s boys’ basketball team for winning the class 4A state championship.

Whereas, The Bishop Gorman High School’s boys’ basketball team was victorious this year with an impressive 53-39 win over Galena High School’s boys’ basketball team to capture the first class 4A state title; and

Whereas, This championship victory resulted from a season of continuously demonstrated skill, fighting spirit and good sportsmanship reflecting credit upon the combined leadership of their coaches, Jeff Wagonseller, Tom Hughes, Dan Bisek and Robert Smith, and trainers Jeff Simonin and Dan Cabrera; and

Whereas, The championship team included Shane Christensen, Darrell Ewell, Angelo Fernandez, Robby Findlay, Luke Jackson, Brandon Meissner, Joe O’Connell, Ryan Peters, Kendall Soares, Moe Terry, Jason Van Meetren, Greg Warpinski, Cameron Wells and Ethan Williams; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature extend their congratulations to the Bishop Gorman High School’s boys’ basketball team for winning the class 4A state championship; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Fr. Tom Von Behren, President, Dr. Dave Erbach, Principal, Chuck Gerber, Athletic Director and Sally Nieman, Assistant Athletic Director of Bishop Gorman High School.

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ê1997 Statutes of Nevada, Page 3619ê

FILE NUMBER 57, SJR 8

Senate Joint Resolution No. 8–Committee on Natural Resources

FILE NUMBER 57

SENATE JOINT RESOLUTION–Urging the members of the Nevada Congressional Delegation to introduce and support legislation to assist providers of telecommunications services in obtaining rights of way over public land managed by the Federal Government.

Whereas, A sophisticated, reliable and responsive system of telecommunication is vital to economic growth in Nevada; and

Whereas, Providers of telecommunications services are often relied upon in Nevada to provide systems of telecommunication, especially in sparsely populated rural counties; and

Whereas, Providers of telecommunications services generally do not have the equipment or facilities to provide modern systems of telecommunication required by their customers and are limited in their geographic area of service; and

Whereas, To improve existing systems, providers of telecommunications services have entered into agreements with other companies to install and operate improved systems of telecommunication in their areas of service, thereby requiring the acquisition of rights of way over public land managed by the Federal Government; and

Whereas, Applications to obtain rights of way that have been submitted to the Bureau of Land Management are often not processed in a uniform manner among the various districts that are managed by the Bureau of Land Management and the period in which those applications are granted or otherwise acted upon often varies greatly from district to district; now, therefore, be it

Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada urges each member of the Nevada Congressional Delegation to introduce and support legislation to assist providers of telecommunications services in obtaining rights of way over public land managed by the Federal Government; and be it further

Resolved, That such legislation include, without limitation, provisions that:

1. Specify the period in which an application for a right of way over public land must be granted or otherwise acted upon by the Federal Government;

2. Ensure that an application for a right of way over public land is processed by the Federal Government as expeditiously as possible within the period specified for the processing of that application; and

3. Require that applications for rights of way submitted to the Bureau of Land Management be processed in a uniform manner among the various districts that are managed by the Bureau of Land Management; and be it further

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ê1997 Statutes of Nevada, Page 3620 (FILE NUMBER 57, SJR 8)ê

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the Nevada Congressional Delegation; and be it further

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

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FILE NUMBER 58, AJR 4

Assembly Joint Resolution No. 4–Committee on Government Affairs

FILE NUMBER 58

ASSEMBLY JOINT RESOLUTION–Urging the United States Postal Service to consider the historic nature of Genoa when determining the size and location of the new post office in that area.

Whereas, Genoa, Nevada, is the oldest settlement in the State of Nevada, and it is an established historic district; and

Whereas, Approximately 30 buildings and sites in Genoa were listed on the National Register of Historic Places in 1975; and

Whereas, Genoa is an integral part of Nevada’s heritage, and its historic integrity should be preserved for all Nevadans; and

Whereas, To preserve historic values, the Genoa Master Plan confines commercial development to a commercial zone in the downtown area; and

Whereas, The current post office that serves the 300 residents of Genoa is 611 square feet and sits in the heart of the historic district; and

Whereas, The current post office has become too small and is no longer adequate to serve the needs of the community; and

Whereas, The majority of Genoans and the Genoa Town Board have expressed overwhelming support for keeping the local post office within that commercial zone; and

Whereas, To preserve the historic nature of the community, the new post office should be no bigger than is necessary to provide postal boxes for the residents of the area of Genoa; and

Whereas, The currently proposed 6,000 square foot post office, designed to serve as a distribution and delivery center for other areas of the Carson Valley, would ruin the historic nature of Genoa and put extreme stress on the town’s fragile infrastructure; and

Whereas, There are several sites in the commercial zone of the downtown Genoa area that will easily accommodate a reasonably sized local post office; and

Whereas, The United States Postal Service has recently indicated its willingness to consider the desires of the residents of Genoa when making this decision; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature do hereby urge the United States Postal Service to design a local post office that will fit into one of the various sites in the commercial zone of the downtown Genoa area and to place the post office into such a zone so that Genoa’s historic integrity is preserved for all Nevadans; and be it further

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ê1997 Statutes of Nevada, Page 3621 (FILE NUMBER 58, AJR 4)ê

Resolved, That the Nevada Legislature commends the United States Postal Service for its recent expression of willingness to consider the desires of the residents of Genoa on this important matter; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Postmaster General of the United States Postal Service, Marvin Runyon, and to each member of the Nevada Congressional Delegation; and be it further

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

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FILE NUMBER 59, SCR 33

Senate Concurrent Resolution No. 33–Senators James, Adler, Augustine, Coffin, Jacobsen, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 59

SENATE CONCURRENT RESOLUTION–Celebrating the Las Vegas international Marathon.

Whereas, At noon on Saturday, February 21, 1967, a gun sounded in Las Vegas, Nevada, to commence the Las Vegas Sun “World Masters” Marathon, beginning a tradition that is now in its 32nd year; and

Whereas, This initial event was billed as a “masters” race for world-class athletes, and approximately 135 runners from Turkey, Ireland, Canada and throughout the United States answered the call to compete; and

Whereas, The 31st annual celebration of this contest, now known as the Las Vegas international Marathon, was host on February 9, 1997, to more than 6,000 runners representing 35 different countries and each state of the United States, with prizes totaling $45,000; and

Whereas, The original 26.2-mile marathon has been augmented by the inclusion of a 13.1-mile half-marathon to allow even greater participation; and

Whereas, Hank Greenspun, who was the publisher of the Las Vegas Sun at the time of the first marathon and sponsored that event, summed up the essence of marathon runners when he said they “run for the sheer thrill of the race” and are “virtuosos of the sports world because physical and mental artistry is demanded of those who undertake this grueling and determined 26 miles 385 yards”; and

Whereas, Marathons are occasions that encourage the competition of the masses with the elite, women with men and the young with the old, while providing the only sporting contest in the world in which everyone can be a winner; and

Whereas, The Las Vegas international Marathon attracts many first-time visitors to the State of Nevada through world-wide advertising in running magazines and by efforts such as the production of a 90-minute documentary that was shown on April 13, 1997, during prime time on Nippon Television Network in Japan; and

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ê1997 Statutes of Nevada, Page 3622 (FILE NUMBER 59, SCR 33)ê

Whereas, The Las Vegas international Marathon, one of the fastest growing events in the United States, serves as a forum for fostering brotherhood and understanding among citizens of many nations in the style of special events for which Las Vegas has become famous; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature celebrate the spirit of the Las Vegas international Marathon and express their genuine appreciation to those who sponsor, organize and participate in the annual event; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Al Boka, Race Director for the Las Vegas international Marathon, and Jim Feist, Presenting Sponsor for the Las Vegas international Marathon.

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FILE NUMBER 60, SCR 34

Senate Concurrent Resolution No. 34–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 60

SENATE CONCURRENT RESOLUTION–Commending Sue Wagner for a lifetime of public service dedicated to the State of Nevada and expressing appreciation for her management of the Legislative Intern Program.

Whereas, Sue Wagner served in the Nevada Legislature for a total of 16 years as an Assemblywoman from 1975 through 1980 and a Senator from 1981 through 1990, with only one other woman surpassing this length of service in the Nevada Legislature since 1918; and

Whereas, During her tenure as a Legislator, Sue Wagner served on the Legislative Commission from 1975 through 1979 and 1985 through 1986, was the Vice Chairman of the Legislative Commission from 1987 through 1988, and the Senate Assistant Minority Floor Leader in 1983 and was voted the Outstanding National Republican Legislator of 1988; and

Whereas, In 1990, Sue Wagner was the first woman to be elected Lieutenant Governor of the State of Nevada and served as President of the Senate during the 1991 and 1993 regular sessions of the Nevada Legislature; and

Whereas, In 1994, the University of Nevada, Reno, selected Sue Wagner to manage the Legislative Intern Program, and her dedicated work on this program has provided the opportunity for interns to become acquainted with the Governor, Chief Justice of the Supreme Court, Majority Leader of the Senate, Speaker of the Assembly, lobbyists and the staff of the Legislative Counsel Bureau; and

Whereas, Sue Wagner has dedicated her time and energy to make this program a success including the compilation of an informational handbook for the first time since the inception of the program in 1968; and

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ê1997 Statutes of Nevada, Page 3623 (FILE NUMBER 60, SCR 34)ê

Whereas, Toward the end of each legislative session, the University of Nevada, Reno, honors the interns and the Legislators for whom they have served with a reception that has been designated the “Sue Wagner University of Nevada Intern Recognition Reception”; and

Whereas, Recently, Sue Wagner was appointed by Governor Bob Miller to serve as a member of the Nevada Gaming Commission, an appointment that reflects the confidence and respect that the Governor places in Sue Wagner; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby commend Sue Wagner for her lifetime of dedicated service to the State of Nevada; and be it further

Resolved, That this body hereby expresses its heartfelt appreciation for Sue’s inspiring guidance and organization of the Legislative Intern Program; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Sue Wagner on April 30, 1997, during the second “Sue Wagner University of Nevada Intern Recognition Reception.

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FILE NUMBER 61, SR 5

Senate Resolution No. 5–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 61

SENATE RESOLUTION–Inducting Ira L. Winters into the Senate Hall of Fame.

Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction; and

Whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and

Whereas, Ira L. Winters, a prominent western Nevada rancher, followed in the footsteps of his father, John D. Winters, who was a member of Nevada’s first Territorial House of Representatives in 1861; and

Whereas, As a Senator from 1927 to 1942, Senator Ira L. Winters served as Chairman of the Senate Ways and Means Committee, now referred to as Senate Finance, in the 1935, 1937 and 1939 Sessions and as President Pro Tempore of the Senate in the 1935 and 1937 Sessions; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Senator Ira L. Winters, a man who, at the time of his death in 1949 at the age of 72, had distinguished himself during his service of 18 years as a member of the Legislature, of which 16 years were in the Senate, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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ê1997 Statutes of Nevada, Page 3624ê

FILE NUMBER 62, ACR 22

Assembly Concurrent Resolution No. 22–Assemblymen Giunchigliani, Dini, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Ernaut, Evans, Freeman, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 62

ASSEMBLY CONCURRENT RESOLUTION–Recognizing May 8 as the Day of Remembrance for Victims of the Holocaust and commending Irene Gut Opdyke for her bravery during those years.

Whereas, Two-thirds of the Jewish population of Europe were exterminated during World War II and countless other civilians were subjected to brutal anti-Semitic atrocities solely because they were members of a particular faith; and

Whereas, In this present time of racial and religious disharmony, it is particularly important to remember the Holocaust and its effects; and

Whereas, Few Europeans lived without terror during World War II, including Irene Gut Opdyke, an 18-year-old Polish nursing student of the Catholic faith who lived in Poland and witnessed the persecution and murder of Jews, while she herself was forced to endure vicious attacks, severe beatings and total humiliation at the hands of enemy soldiers; and

Whereas, Despite her fear, Irene Gut Opdyke willingly risked her own life to save at least 12 Jews by hiding them for 8 months in the basement of a German-occupied Ukrainian villa where she worked as a housekeeper for a Nazi officer; and

Whereas, Irene Gut Opdyke has earned international recognition through the Commission for the Designation of the Righteous and received from Yad Vashem, the most distinguished authority on the Holocaust in Israel, the Medal of Righteousness, an honor awarded to Gentiles who risked their lives to save Jews during the Holocaust; and

Whereas, Out of respect for and to ensure remembrance of those who suffered or were killed, Irene Gut Opdyke wrote Into the Flames, The Life Story of a Righteous Gentile, an eyewitness account of the Holocaust; and

Whereas, On May 8, our Nation’s Capital will observe Yom Hashoah, a memorial day that commemorates the loss of 6 million Jews and countless others because of the Nazi war machine of World War II; and

Whereas, On this day, throughout the world, such remembrance ceremonies are held as a lasting tribute to those who perished, and in Israel, a country created as a haven for the survivors of the Holocaust, the entire nation pauses for 2 minutes to honor and remember those who were murdered; and

Whereas, Because the Holocaust stands as one of the worst acts of genocide the world has ever seen, deliberately and systematically attempting to destroy an ethnic, religious and cultural group, it must be remembered; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3625 (FILE NUMBER 62, ACR 22)ê

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby recognize May 8 as Yom Hashoah, a Day of Remembrance for Victims of the Holocaust; and be it further

Resolved, That members of the Nevada Legislature honor and commend Irene Gut Opdyke for her bravery during the Holocaust and for her decision to record for posterity her experiences to enable others to know that one person can truly make a difference and to know the collective power of humanity to prevail against injustice; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Irene Gut Opdyke.

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FILE NUMBER 63, SR 6

Senate Resolution No. 6–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 63

SENATE RESOLUTION–Inducting Edward D. Boyle 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, Edward D. Boyle was born in County Donegal, Ireland, in 1836, immigrated to the United States in 1843 and to the Comstock in 1863, and died in Dayton, Nevada, in 1902 at the age of 66 years; and

Whereas, Senator Boyle’s son, Emmet D. Boyle, served with distinction as Governor of Nevada from 1915 through 1922; and

Whereas, Senator Boyle spent his working years in mining, during which time he acquired a vast knowledge of that industry and was instrumental in the rescue of seven men who were entombed for 8 days in the Alta mine, marking him as a hero; and

Whereas, As a member of the Senate of the Nevada Legislature representing Storey County from 1885 to 1896, Senator Boyle served as Chairman of a number of important Senate Standing Committees, including the Committees on Corporations and Railroads, Mines and Mining, and Military and Indian Affairs; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Senator Edward D. Boyle, a man known for his charity, ability and scrupulous honesty and for his devotion to the betterment of the State of Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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ê1997 Statutes of Nevada, Page 3626ê

FILE NUMBER 64, SR 7

Senate Resolution No. 7–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 64

SENATE RESOLUTION–Inducting Keith Ashworth 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, Keith Ashworth served as a member of the Nevada Legislature from 1967 to 1984, 10 years in the Assembly and 8 years in the Senate, representing Clark County; and

Whereas, During his service as a legislator, Senator Ashworth served as Speaker of the Assembly, Chairman of the Legislative Commission, President Pro Tempore of the Senate, Chairman of the Western Conference of the Council of State Governments and chairman of various standing committees of the Senate and Assembly; and

Whereas, Senator Ashworth sponsored and gained passage of a number of important bills, including “The Nevada Ethics in Government Law,” which created the Nevada Ethics Commission and established a statewide Code of Ethical Standards; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Senator Keith Ashworth, a prominent and effective leader in the Nevada Legislature and his community, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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FILE NUMBER 65, SR 8

Senate Resolution No. 8–Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 65

SENATE RESOLUTION–Inducting C. Coe Swobe 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, Senator Swobe served as a member of the Nevada Legislature from 1963 to 1974, 4 years in the Assembly and 8 years in the Senate, and served as both Senate and Assembly Minority Floor Leader during his tenure in the Nevada Legislature; and

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ê1997 Statutes of Nevada, Page 3627 (FILE NUMBER 65, SR 8)ê

Whereas, Senator Swobe sponsored and gained passage of a number of measures of considerable importance, including a measure increasing the number of Justices on the Supreme Court from three to five and a measure providing for the payment of educational expenses of students with hearing and visual handicaps who would otherwise not have access to special educational resources; and

Whereas, Senator Swobe was instrumental in creating the Compact between Nevada and California for the planning and protection of Lake Tahoe and the Lake Tahoe Basin, causing him to be known as “Nevada’s Father of the Original Tahoe Regional Planning Compact”; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Senator C. Coe Swobe, a man known particularly for his vision and leadership in matters of state policy, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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FILE NUMBER 66, ACR 24

Assembly Concurrent Resolution No. 24–Assemblymen Dini, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 66

ASSEMBLY CONCURRENT RESOLUTION–Memorializing long-time Nevada Legislator, Senator Keith Ashworth.

Whereas, It is with profound sadness and regret that members of the Nevada Legislature note the passing of their colleague Senator Keith Ashworth on September 30, 1996; and

Whereas, Lloyd Keith Ashworth was born in Kimberly, Nevada, on September 4, 1924, to Earl and Mary Jane Oxborrow Ashworth; and

Whereas, Keith Ashworth graduated from White Pine High School in Ely, Nevada, in 1943, and 2 years later married his high school sweetheart, Colleen Christensen; and

Whereas, After enlisting in the Army Air Corp, Keith Ashworth became a fighter pilot during World War II; and

Whereas, Keith Ashworth and his brother, Don, established the accounting firm known as Ashworth and Ashworth in Las Vegas; and

Whereas, He later joined the Del Webb Corporation and became Senior Vice President for Community and Government Relations; and

Whereas, More recently, as Executive Vice President of Nevada Power Company, Keith Ashworth had worked as a lobbyist for that company; and

Whereas, Keith Ashworth began his 18-year legislative career when he was elected to the Nevada Assembly in 1967, serving as Speaker of the Assembly during the 1973 and 1975 legislative sessions; and

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ê1997 Statutes of Nevada, Page 3628 (FILE NUMBER 66, ACR 24)ê

Whereas, In 1976, Keith Ashworth was elected to the Senate, and as a Senator he served as chairman of the Taxation Committee, Human Resources and Facilities Committee and Government Affairs Committee and was selected to be chairman of the Legislative Commission on two occasions; and

Whereas, Senator Ashworth was respected by all who knew and worked with him, not only for his acute understanding and protection of the best interests of this state, but for his kind, cheerful and warm personality which always brought smiles to those he passed in the legislative hallways; and

Whereas, Keith Ashworth was a member of the Zelzah Shrine, Masonic Daylite Lodge, Jesters, Scottish Rites, Salvation Army and served as President of the Las Vegas Rotary Club, President and life member of the Las Vegas Jaycees, and was a member of the board of directors of the Las Vegas Chamber of Commerce, United Fund, American Bank of Commerce and Valley Hospital; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of Senator Keith Ashworth; and be it further

Resolved, That Senator Ashworth will long be remembered with the highest regard by his fellow legislators for his compassion, his patient attention to the needs of others and his refreshing sense of humor; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Keith Ashworth’s loving wife of 51 years, Colleen, and their sons, Glen, Ken and Brian.

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FILE NUMBER 67, SCR 36

Senate Concurrent Resolution No. 36–Committee on Finance

FILE NUMBER 67

SENATE CONCURRENT RESOLUTION–Directing the disposition of certain proceeds of bonds issued by the State of Nevada for acquisition of and access to habitats for wildlife.

Whereas, Section 1 of chapter 785, Statutes of Nevada 1989, at page 1864, authorizes the issuance of general obligation bonds of the State of Nevada 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 Department of Wildlife, now known as the Division of Wildlife of the State Department of Conservation and Natural Resources, for carrying out those 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 Director of the Department of Wildlife, now known 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 he may expend money in addition to the amounts previously authorized for the acquisition and development of real or personal property, interests in real or personal property, or a combination thereof; and

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ê1997 Statutes of Nevada, Page 3629 (FILE NUMBER 67, SCR 36)ê

Resources, must obtain the approval and direction of the Legislature before he may expend money in addition to the amounts previously authorized for the acquisition and development of real or personal property, interests in real or personal property, or a combination thereof; and

Whereas, Section 2 of chapter 785, Statutes of Nevada 1989, at page 1865, as amended by chapter 653, Statutes of Nevada 1991, at page 2162, authorized the Department of Wildlife to loan up to one-half of the amount allocated for the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real and personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof, to a local government for use consistent with those purposes to be repaid in three equal annual installments and to use the money repaid by the local government for those same purposes; and

Whereas, The Department of Wildlife made a loan of $3,000,000 to Clark County which was subsequently repaid in three equal annual installments; and

Whereas, The Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources has requested the approval and direction of the members of the 69th Session of the Nevada Legislature to adjust the sums of money which were allocated 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 Senate of the State of Nevada, the Assembly Concurring, 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 acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real and personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof, be adjusted as follows:

1. Increase the sum of money authorized for the acquisition of real or personal property at the Howard Ranch in Elko County by $100,000;

2. Increase the sum of money authorized for expenses incurred by the Division of Wildlife in carrying out the bond program by $71,360; and

3. Reduce the sum of money remaining from the repayment of the loan by Clark County, which is held in reserve, by $171,360; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.

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ê1997 Statutes of Nevada, Page 3630ê

FILE NUMBER 68, ACR 10

Assembly Concurrent Resolution No. 10–Assemblymen Freeman, de Braga, Lambert, Von Tobel, Collins, Herrera, Williams, Arberry, Giunchigliani, Goldwater, Amodei, Ohrenschall, Marvel, Neighbors, Parks, Koivisto, Lee, Mortenson, Chowning, Ernaut, Hettrick, Perkins, Buckley and Berman

FILE NUMBER 68

ASSEMBLY CONCURRENT RESOLUTION–Expressing support for Nevada’s Comprehensive School Health Program.

Whereas, Today’s healthy children are tomorrow’s healthy adults; and

Whereas, Nevada currently leads the nation in the number of occurrences of preventable diseases among its residents; and

Whereas, Most health problems can be prevented through a responsible and healthy approach to life; and

Whereas, Prevention of disease is less costly than treatment once a person contracts the disease; and

Whereas, Healthy life-style behaviors are learned and healthy children are ready to learn; and

Whereas, Health and wellness are responsibilities shared among individuals, families, communities, local governments and the state; and

Whereas, Schools have an impact on every Nevadan; and

Whereas, School health programs support the educational process, improve children’s health prospects and integrate services for disadvantaged and disabled children; and

Whereas, Nevada’s Comprehensive School Health Program includes parent and community involvement, health education, physical education, health services, nutrition services, counseling, psychological and social services, healthy school environments and the promotion of health for staff members; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature support Nevada’s Comprehensive School Health Program as it pursues the following goals:

1. Families in Nevada will receive the support they need to raise healthy and educated children;

2. All children in Nevada will begin school healthy and ready to learn;

3. Schools in Nevada will provide a healthy and safe learning environment; and

4. All children in Nevada will be healthy and contributing members of society able to adapt to a changing world.

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ê1997 Statutes of Nevada, Page 3631ê

FILE NUMBER 69, ACR 27

Assembly Concurrent Resolution No. 27–Assemblymen Anderson and Evans

FILE NUMBER 69

ASSEMBLY CONCURRENT RESOLUTION–Memorializing a founding member of the Sparks Sertoma Club, Leroy “Frank” Gibson.

Whereas, The members of this legislative body note with sorrow and regret the passing of Leroy “Frank” Gibson, on April 20, 1996; and

Whereas, Frank Gibson was born on September 10, 1909, in the State of Indiana, and moved to Sparks, Nevada, in 1953; and

Whereas, Frank Gibson was fascinated with the history of Sparks and dedicated many hours working to preserve historical buildings and railroad memorabilia in Sparks; and

Whereas, Frank Gibson was a founding member and vice president of the Sparks Railroad Museum and Heritage Commission and was named Sparks Citizen of the Year in 1986 by the Sparks Community Chamber of Commerce for his successful efforts in collecting railroad memorabilia from homes and businesses to ensure that the City of Sparks would have its own museum; and

Whereas, In 1994, Frank Gibson was named Sertoman of the Year for his efforts to save the historic Glendale School which was built in 1864 and eventually relocated to Victorian Square where residents of the City of Sparks could have access to an important part of their heritage; and

Whereas, When it became evident that there was a serious need for the expansion of speech and hearing services to include the rural areas, Frank Gibson was instrumental in acquiring a surplus van from the Washoe County Library and after the Sertoma Club equipped the van with clinicians from the University of Nevada Department of Speech Pathology, the van traveled rural areas of Northern Nevada helping school children and senior citizens; and

Whereas, Frank Gibson was a member of the Sparks United Methodist Church, the Sparks Community Chamber of Commerce, the Sparks Railroad Museum and Heritage Commission, the Sparks Charter Committee and a charter member of the Sparks Sertoma Club; and

Whereas, Frank Gibson is survived by his daughter, Diane McCollum of Sparks, sisters, Wilma Shaw of California and Evaleen Lambert of Ohio, and brother, Fred of Illinois; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature mourn the loss of a respected Nevada citizen who gave generously of his time and resources to the residents of the City of Sparks and 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 Frank Gibson’s daughter, Diane McCollum.

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ê1997 Statutes of Nevada, Page 3632ê

FILE NUMBER 70, ACR 26

Assembly Concurrent Resolution No. 26–Assemblywoman Giunchigliani

FILE NUMBER 70

ASSEMBLY CONCURRENT RESOLUTION–Expressing the support of the Nevada Legislature for water conservation measures and tiered rate structures.

Whereas, Safe and sufficient water is a basic necessity for all human life and an essential resource for the successful livelihood of any community; and

Whereas, The State of Nevada is the most arid state in the country, with an average annual rainfall which ranks the lowest in the United States; and

Whereas, The use of available water resources has allowed the State of Nevada to prosper beyond even the most optimistic projections, creating vibrant economies in both the northern and southern parts of this state, which in turn have led to larger populations and increased demands for water; and

Whereas, Many of the most successful and populated communities in the State of Nevada are in deserts, dependent on supplies of water which are highly seasonal in nature or which are not natural to the area of use; and

Whereas, It is a basic responsibility of government to provide and protect the public’s access to water, particularly on behalf of residents with low or fixed incomes for whom water might otherwise be made unavailable if subject to such external forces as market pricing, uncontrolled use or inadequate delivery; and

Whereas, This Legislature recognizes that there is a certain amount of water that can be characterized as essential for the health and well-being of any resident and that this amount of water should be made reasonably affordable and available to all residents, but in particular to those who are senior citizens or live on low or fixed incomes; and

Whereas, Many local water agencies within the State of Nevada have implemented tiered rate structures for the pricing of water, as well as conservation and incentive programs to encourage residents to reduce the amount of water they use; and

Whereas, The Nevada Legislature recognizes that a tiered rate structure, properly designed, is an effective pricing mechanism for conservation that will ensure that water is available at a reasonable cost to all residents, but in particular to senior citizens and residents on low or fixed incomes; and

Whereas, The Nevada Legislature further recognizes that well-designed incentive programs, such as fixture replacement programs and other programs to conserve water, are an effective way to encourage residents to reduce the amount of water used and thereby reduce their costs; now, therefore be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature of the State of Nevada hereby acknowledges the importance of tiered water rates and conservation incentive programs to the continued affordability and availability of water to all residents, particularly senior citizens and those persons living on low or fixed incomes; and be it further

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ê1997 Statutes of Nevada, Page 3633 (FILE NUMBER 70, ACR 26)ê

all residents, particularly senior citizens and those persons living on low or fixed incomes; and be it further

Resolved, That this Legislature hereby expresses its support for the continued development of rate structures and incentive programs based on conservation by local water agencies, including those programs that identify older homes that may need more efficient plumbing fixtures to conserve water; and be it further

Resolved, That this Legislature hereby encourages local water agencies throughout the State of Nevada to implement a management and pricing approach that emphasizes the importance of water as an essential resource, while maintaining flexibility and fairness in the fees charged for its use; and be it further

Resolved, That this Legislature also encourages those same agencies to develop and implement incentive programs for the conservation of water which will allow all residents, but in particular senior citizens and residents on low or fixed incomes, to conserve water and thereby reduce the cost of such service; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each water authority, city council and board of county commissioners in this state.

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FILE NUMBER 71, SCR 37

Senate Concurrent Resolution No. 37–Committee on Legislative Affairs and Operations

FILE NUMBER 71

SENATE CONCURRENT RESOLUTION–Commending the people of the Province of Taiwan of the Republic of China for their continued participation in a sister-state relationship with the State of Nevada.

Whereas, The Republic of China holds a strategic position in Asia and the Pacific Rim and is vitally important to the United States in trade, defense, tourism and cultural exchange; and

Whereas, On October 24, 1985, the Province of Taiwan of the Republic of China and the State of Nevada agreed to establish a sister-state relationship in an effort to encourage the exchange of ideas and make lasting friendships to strengthen international understanding and good will between the respective sister states; and

Whereas, The members of the Nevada Legislature are honored today to have in their presence Mr. Benjamin J. Y. Lo, who assumed the position of Director General of the Taipei Economic and Cultural Office in San Francisco in 1994, Advisor Mr. Paul Mao, long-time friend of the State of Nevada, and Mr. Charles K. Y. Liu, recently appointed Assistant to Mr. Benjamin J. Y. Lo, with whom this body looks forward to becoming acquainted; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature, on behalf of the people of the State of Nevada, welcome the delegation from the Taipei Economic and Cultural Office in San Francisco; and be it further

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ê1997 Statutes of Nevada, Page 3634 (FILE NUMBER 71, SCR 37)ê

delegation from the Taipei Economic and Cultural Office in San Francisco; and be it further

Resolved, That the Nevada Legislature looks forward to the sharing of ideas with the distinguished delegation which includes Director General Benjamin J. Y. Lo, Advisor Paul Mao and Assistant Charles K. Y. Liu; and be it further

Resolved, That the Nevada Legislature hereby commends the people of the Province of Taiwan of the Republic of China for their continued participation in a sister-state relationship with the State of Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Director General Benjamin J. Y. Lo of the Taipei Economic and Cultural Office in San Francisco.

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FILE NUMBER 72, SCR 38

Senate Concurrent Resolution No. 38–Committee on Commerce and Labor

FILE NUMBER 72

SENATE CONCURRENT RESOLUTION–Expressing the support of the Nevada Legislature for the Unibex Global Corporation.

Whereas, Unibex Global Corporation has been designated and licensed by the Immigration and Naturalization Service of the United States Department of Justice under the Immigration and Nationality Act, as amended in 1992, as the only authorized organization to administer the Immigrant Investor Pilot Program in the regional center which encompasses the entire State of Nevada; and

Whereas, Unibex Global Corporation, an international trade, investment and development company, headquartered within the targeted employment area of North Las Vegas, Nevada, is able to attract millions of investment dollars into the State of Nevada which can be used to support infrastructure development, new ventures and innovative arrangements that will not only create employment, but also generate wealth in the State of Nevada; and

Whereas, The Immigrant Investor Pilot Program was created as a provision of the Immigration Act of 1990, that allows foreign investors to obtain a permanent resident visa in the United States by investing through the Unibex Regional Center a minimum of $1,000,000 in a new commercial enterprise located outside of a targeted employment area or $500,000 in a new commercial enterprise located within a targeted employment area on the condition that the investment will create not fewer than 10 jobs for workers in the United States; and

Whereas, Unibex Global Corporation is committed to meeting the needs of the economy of the State of Nevada by providing a cooperative regional market in which trade is encouraged, providing the necessary financial intermediation systems utilizing foreign investments to nurture the formation and growth of small- and medium-size companies and directly creating thousands of jobs in targeted employment areas across the State of Nevada and the United States; and

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ê1997 Statutes of Nevada, Page 3635 (FILE NUMBER 72, SCR 38)ê

thousands of jobs in targeted employment areas across the State of Nevada and the United States; and

Whereas, Unibex Global Corporation seeks to create national economic alliances, facilitate economic diversification and growth, and generate wealth in the State of Nevada by identifying, developing, uniting and marketing new opportunities for foreign investors and the businesses of the United States in a manner that will benefit the State of Nevada and the economy of our country; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature support Unibex Global Corporation in its effort to bring economic diversification and growth through international investment opportunities to the State of Nevada; and be it further

Resolved, That the Nevada Legislature extends its best wishes for continued success to Unibex Global Corporation; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Otis Harris, Chairman and Chief Executive Officer for Unibex Global Corporation.

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FILE NUMBER 73, SCR 42

Senate Concurrent Resolution No. 42–Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Mathews, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 73

SENATE CONCURRENT RESOLUTION–Memorializing Dr. Joseph D. Wilkin of Lincoln County, one of the top ten “Country Doctors” nationally.

Whereas, With the death of Dr. Joseph D. Wilkin on February 5, 1997, the residents of Lincoln County lost a long-time country physician and a devoted friend; and

Whereas, Joseph Wilkin was born on December 13, 1934, in Pioche, Nevada, to Robert David and Della White Wilkin; and

Whereas, Joseph Wilkin attended Pioche Elementary School and graduated from Lincoln County High School in 1952; and

Whereas, Before entering the United States Navy where he served 4 years as a welder, Joseph Wilkin spent many years working with his father and mother in the family business, Wilkin Mining and Trucking; and

Whereas, Joseph Wilkin married Betty DuFer on November 10, 1959, and they were the proud parents of David, Bob, Amy, Betina and Nick; and

Whereas, For several years Joseph and his wife, Betty, along with Joseph’s parents, Bob and Della, operated the family business, providing jobs for many residents of the City of Caliente while enhancing the economic base of the city; and

Whereas, While volunteering as an emergency medical technician with the Pioche Fire Department, Joseph Wilkin became interested in medicine, and in 1969 at the age of 35 years, he enrolled in a premedical course at Southern Utah University, and later received his M.D.

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ê1997 Statutes of Nevada, Page 3636 (FILE NUMBER 73, SCR 42)ê

Southern Utah University, and later received his M.D. degree from the University of Nevada Medical School in 1978; and

Whereas, Dr. Joseph Wilkin began his 17-year career as a doctor in Lincoln County in the small town of Panaca in 1979; and

Whereas, Dr. Wilkin worked at his clinic and was on call 24 hours a day, 7 days a week, throughout his career, delivering 155 babies at the Grover C. Dils Medical Center in Caliente; and

Whereas, In 1982, Dr. Wilkin married Susanne B. Clay and together they enjoyed raising their three girls, Tessa, Launa and Jenna; and

Whereas, In 1994, Dr. Wilkin was recognized as being one of the “Top Ten Country Doctors in the United States,” a well-deserved title that honored his dedication to serving the people of Lincoln County; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of this legislative body express their sincere condolences to the family and friends of the late Dr. Joseph D. Wilkin; and be it further

Resolved, That the death of such a highly respected doctor is a tremendous loss for Lincoln 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 the family members of Dr. Joseph D. Wilkin.

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FILE NUMBER 74, SCR 40

Senate Concurrent Resolution No. 40–Senators Rawson, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 74

SENATE CONCURRENT RESOLUTION–Congratulating Robert N. Broadbent for being selected as the recipient of the Distinguished Community Service Award of the Anti-Defamation League.

Whereas, Robert N. Broadbent received his education from the California Institute of Technology at Pasadena and the University of Nevada, Reno, before graduating from Idaho State College with a Bachelor of Science Degree in Pharmacy; and

Whereas, Robert Broadbent began his career as the owner of a pharmacy in Boulder City and shortly thereafter was elected as the first mayor of Boulder City; and

Whereas, In 1968, Robert Broadbent was elected to the Board of County Commissioners and served in that capacity for the next 13 years; and

Whereas, While serving as a County Commissioner, Robert Broadbent actively pursued the aggressive expansion of the McCarran Airport in anticipation of the future growth of the community; and

Whereas, During the Reagan administration, Robert Broadbent served as the Commissioner of Reclamation, directing the operations of the Federal Bureau of Reclamation, and in 1983, he was appointed Assistant Secretary of Water and Science by President Ronald Reagan; and

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ê1997 Statutes of Nevada, Page 3637 (FILE NUMBER 74, SCR 40)ê

Bureau of Reclamation, and in 1983, he was appointed Assistant Secretary of Water and Science by President Ronald Reagan; and

Whereas, Robert Broadbent has served on the executive board of the Airports Council International, and his contributions on a national and international level have been extremely beneficial to the airline industry; and

Whereas, Robert Broadbent presently serves as the Director of Aviation for Clark County; and

Whereas, In 1990, National Commissioner of the Anti-Defamation League, Eugene Warner, invited Robert Broadbent to participate in a high-level mission to Israel; and

Whereas, Robert Broadbent was recently honored by being selected to receive the Distinguished Community Service Award by the Anti-Defamation League; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Robert N. Broadbent for being selected as this year’s recipient of the Distinguished Community Service Award by the Anti-Defamation League and for 35 years of public service to his country 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 Robert N. Broadbent.

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FILE NUMBER 75, SCR 41

Senate Concurrent Resolution No. 41–Senators Rawson, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 75

SENATE CONCURRENT RESOLUTION–Congratulating Jerome D. Mack for receiving the 1997 Lifetime Achievement Award of the Anti-Defamation League.

Whereas, Jerome D. Mack began his life with the distinction of being among the first graduating class of the Boulder City Grammar School; and

Whereas, After graduating from the University of California at Los Angeles, Jerome Mack entered the United States Air Force; and

Whereas, Later Jerome Mack excelled in business, becoming a president, director or chairman of banks, hotels and corporations, including such well-known businesses as the Valley Capital Corporation, the Riviera, the Dunes, the Four Queens, the Continental Connector and United Tanker; and

Whereas, Jerome Mack served as treasurer for the presidential campaigns of Senators Jackson and Humphrey, was appointed to the Nominating Committee for 9th Circuit Judges by President Carter, served on the Democratic Committee’s Executive Committee of Finance under Bob Strauss and the Advisory Council of the Small Business Administration and founded the UCLA Neuro-Psychiatric Hospital and Institute; and

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ê1997 Statutes of Nevada, Page 3638 (FILE NUMBER 75, SCR 41)ê

Whereas, Jerome Mack has been the recipient of many awards including Israel’s Peace Award in 1970 and Israel’s Prime Minister Award in 1981; and

Whereas, Presently Jerome Mack is a partner of the Thomas and Mack Company, a commercial real estate developer, and serves as a trustee of UNLV and UCLA; and

Whereas, Jerome Mack is past President of Temple Beth Sholom and past Chairman of the Combined Jewish Welfare Fund and currently serves on the National Board of American Friends of Hebrew University; and

Whereas, This year, in recognition of his lifetime of contributions and public service, the Anti-Defamation League honored Jerome Mack by presenting him with the 1997 Lifetime Achievement Award; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Jerome D. Mack for being selected as this year’s recipient of the Lifetime Achievement Award by the Anti-Defamation League and for his years of service to his country 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 Jerome D. Mack.

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FILE NUMBER 76, ACR 15

Assembly Concurrent Resolution No. 15–Committee on Government Affairs

FILE NUMBER 76

ASSEMBLY CONCURRENT RESOLUTION–Directing the Public Employees’ Retirement Board to conduct a study of the basis for determining service credit and average compensation for public employees.

Whereas, The mission of the Public Employees’ Retirement System is to provide a reasonable base income during retirement to qualified public employees; and

Whereas, Retirement benefits are calculated according to a formula using service credit and average compensation; and

Whereas, Service credit is determined by a ratio of actual time worked to full-time employment based on a single certified full-time workweek by each individual public employer; and

Whereas, In response to demands for better service to the public, public employers have established varying schedules for a full-time workweek as well as year-round schools; and

Whereas, Many public employees now work nontraditional workweeks, which makes it difficult for public employers to ascertain the correct method of reporting to the Public Employees’ Retirement System; and

Whereas, Some school district employees begin work under a new contract before the expiration of the old contract as they move from a traditional school year to a year-round school year; and

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ê1997 Statutes of Nevada, Page 3639 (FILE NUMBER 76, ACR 15)ê

Whereas, Retirement contributions are received for these same school district employees from both contracts for the period of overlap, but service for the overlapping month is not credited until there is a lapse in service; and

Whereas, Part-time employees receive a retirement benefit based on actual service credit earned and average compensation as if they worked full time; and

Whereas, Such a method of computing benefits and determining retirement eligibility creates confusion for part-time employees; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Public Employees’ Retirement Board is hereby directed to conduct a comprehensive study to develop a rational and equitable basis for determining service credit and average compensation for public employees while maintaining the fiscal integrity and actuarial soundness of the Public Employees’ Retirement System; and be it further

Resolved, That the Public Employees’ Retirement Board periodically report the progress of the study to the Interim Retirement Committee of the Legislature and submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal 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 Public Employees’ Retirement Board.

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FILE NUMBER 77, ACR 29

Assembly Concurrent Resolution No. 29–Assemblymen Evans, Dini, Perkins, Ohrenschall, Giunchigliani, Arberry, Williams, Buckley, Krenzer, Price, Segerblom, Mortenson, Manendo, Freeman, Goldwater, de Braga, Ernaut, Parks, Nolan, Koivisto, Herrera, Hickey, Close, Lambert, Amodei, Tiffany, Berman, Gustavson, Collins, Von Tobel, Chowning, Sandoval, Braunlin, Humke, Carpenter, Marvel, Hettrick, Bache, Neighbors, Cegavske, Lee and Anderson

FILE NUMBER 77

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Governor Grant Sawyer.

Whereas, The Nevada Legislature along with the entire state was profoundly grieved to note the passing of former Governor Grant Sawyer on February 19, 1996; and

Whereas, Grant Sawyer was born to Harry and Bula Sawyer on December 14, 1918, in Twin Falls, Idaho; and

Whereas, After graduating from the University of Nevada, Reno, in 1941 and attending George Washington School of Law, Grant Sawyer, as a second lieutenant in the United States Army, helped set up an administration for the new Philippines Republic immediately following World War II; and

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ê1997 Statutes of Nevada, Page 3640 (FILE NUMBER 77, ACR 29)ê

Whereas, After exiting the military, Grant Sawyer graduated from Georgetown University, settled in Elko, and was elected Elko District Attorney in 1950; and

Whereas, In 1958, Grant Sawyer became the youngest person ever elected as Governor of Nevada, being elected to the first of his two terms by the then largest margin of victory in Nevada history; and

Whereas, Governor Sawyer’s decisive support for civil rights, as exemplified in acts such as his creation of the Nevada Equal Rights Commission, transformed the State of Nevada; and

Whereas, Governor Sawyer created and maintained a policy of rigid licensing and regulation in the gaming industry, thereby fighting the influence of organized crime and preserving the industry as an essential component of the State of Nevada; and

Whereas, The reorganization of government performed under Governor Sawyer became an example to the nation; and

Whereas, After leaving office in 1967, Governor Sawyer joined with Samuel S. Lionel to found the law firm now known as Lionel Sawyer & Collins, which has grown to be the largest law firm in the State of Nevada, where he served as chairman of the firm’s administrative and gaming law department for more than 25 years, a period during which he led his department to great international recognition and achievement in the field of gaming law; and

Whereas, Governor Sawyer served as President of the Elko County Bar Association, President of the State District Attorneys’ Association, Chairman of the State Democratic Central Committee, a member of the Board of Regents of the University of Nevada, General Counsel and Consultant to the Education Commission of the States, General Counsel for the Heart Fund Council in Nevada, a member of the Board of Directors of the National Judicial College and Chairman of the Nevada Commission on Nuclear Projects; and

Whereas, Governor Sawyer is survived by his wife Bette Sawyer, his daughter Gail Sawyer and his brother Harry Sawyer; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its heartfelt sympathy to the family of Governor Grant Sawyer; and be it further

Resolved, That the Nevada Legislature along with the entire state honors the important advances achieved for the State of Nevada by Governor Grant Sawyer, and finds solace and inspiration in his singular example of commitment and accomplishment; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Sawyer’s widow, Bette Sawyer.

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ê1997 Statutes of Nevada, Page 3641ê

FILE NUMBER 78, ACR 30

Assembly Concurrent Resolution No. 30–Assemblymen de Braga, Hickey, Ohrenschall, Tiffany, Carpenter, Segerblom, Marvel, Neighbors, Berman, Williams, Buckley, Perkins, Arberry, Giunchigliani, Herrera, Close, Humke, Amodei, Von Tobel, Goldwater, Evans, Krenzer, Manendo, Nolan, Price, Sandoval, Mortenson, Cegavske, Collins, Chowning, Ernaut, Hettrick, Gustavson, Lee, Koivisto, Parks, Braunlin, Lambert, Freeman, Bache, Anderson and Dini

FILE NUMBER 78

ASSEMBLY CONCURRENT RESOLUTION–Memorializing the pioneer rancher and former Assemblywoman Josie Alma Woods.

Whereas, The members of the Nevada Legislature were saddened to learn of the passing of pioneer rancher and former Assemblywoman Josie Alma Woods on February 19, 1983; and

Whereas, Josie Alma Woods was born in Clyde, Texas, on December 29, 1889; and

Whereas, Arriving in Nevada in the early 1900’s, Josie Alma Woods spent 5 years riding a circuit between mining towns in a buckboard, assisting business partner, Dr. Mabel Young, in her dentistry practice; and

Whereas, In 1915, they purchased a 1911 Model T and, because it had a tendency to break down, they paid a mechanic $25 to take the engine apart, describe the works and show them how to repair it themselves; and

Whereas, Josie Alma Woods purchased 40 head of cattle at an estate auction and acquired a former stagecoach and Pony Express station located between Eureka and Austin, Nevada, which she named “The Willows”; and

Whereas, Josie Alma Woods, with no previous ranching experience, soon became known as an expert judge of cattle and transformed the 320-acre homestead into a successful cattle ranch, encompassing 1,200 square miles by the time it was sold in 1954; and

Whereas, In 1942, Josie Alma Woods was the first woman elected to the Nevada Legislature as a representative of Eureka County and, in 1944, she was reelected, serving two terms in the Nevada State Assembly; and

Whereas, Josie Alma Woods was the first woman appointed to serve on the Assembly Standing Committee on Taxation and the Assembly Standing Committee on Banks and Banking; and

Whereas, Josie Alma Woods was a member of the Eureka County Farm Bureau, the Eureka Business and Professional Women’s Club, and the National and State Livestock Associations; and

Whereas, Josie Alma Woods embodied the true spirit of the pioneer woman, so much so that her life story was the basis for the popular movie “The Ballad of Josie,” which starred Doris Day; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature extend their belated and sincere condolences to the family and friends of Josie Alma Woods; and be it further

Resolved, That the Nevada Legislature celebrates the life and legacy of a pioneer woman who personified the contributions that women have made in our state; and be it further

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ê1997 Statutes of Nevada, Page 3642 (FILE NUMBER 78, ACR 30)ê

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the nieces and nephews of Josie Alma Woods: Mary June Bell, Douglas Woods, Robert Odle, Edward Odle and Kenneth Phillips.

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FILE NUMBER 79, SCR 43

Senate Concurrent Resolution No. 43–Senators Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 79

SENATE CONCURRENT RESOLUTION–Memorializing James W. Long, long-time Carson City resident.

Whereas, The members of this Legislature were saddened to learn of the death of James W. Long, long-time Carson City resident; and

Whereas, James W. Long was born in Clark, Mississippi, on March 12, 1925, to Edward and Lillian Davis Long; and

Whereas, After serving his country in the United States Army during World War II and graduating from Mississippi State University, James Long was hired as a civil engineer for the Bureau of Indian Affairs of the Department of the Interior in 1948 and retired in 1980 as the Land Operations Officer of the Western Nevada Agency at the Stewart facility; and

Whereas, On October 20, 1950, James Long and Maudie Hilton were married in Yuma, Arizona, and 8 years later they moved to Carson City where they raised their three sons Harold, Bartley and Kevin; and

Whereas, James Long was involved in the reconstruction of Wildhorse Dam, was instrumental in the negotiation of a water settlement agreement between the United States and the Pyramid Lake Paiute Tribe and, from 1980 to 1991, was a realtor; and

Whereas, James Long was past president of the National Association of Federal Retired Employees, a member of the American Association of Retired Persons, the Democratic Central Committee and the Presbyterian Church and an honorary member of the Nevada Highway Patrol; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Legislature of the State of Nevada extend their heartfelt sympathy to long-time Legislative Counsel Bureau employee Maudie Long and to the other members of James W. Long’s family; and be it further

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ê1997 Statutes of Nevada, Page 3643 (FILE NUMBER 79, SCR 43)ê

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to James Long’s loving wife of 46 years, Maudie Long, and to their sons, Harold, Bartley and Kevin.

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FILE NUMBER 80, SCR 44

Senate Concurrent Resolution No. 44–Senators Porter, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 80

SENATE CONCURRENT RESOLUTION–Commending former Clark County Commissioner Jacob D. Bingham for his many years of public service and dedication.

Whereas, Retired Clark County Commissioner Jacob D. “Jay” Bingham was born in Caliente, Nevada, and, after graduating from Pahranagat Valley High School in Alamo, Nevada, attended both Utah State College and Clark County Community College; and

Whereas, By the age of 26, Jay Bingham had worked 5 years for the Clark County Department of Public Works and 1 year for the Clark County Fire Department and had become a successful operator of his own contracting business; and

Whereas, In 1981, Jay Bingham was elected to serve as a North Las Vegas City Councilman and, 4 years later, joined the Clark County Board of Commissioners, where he served until his retirement last year; and

Whereas, In addition to serving as Chairman of the Clark County Board of Commissioners, Jay Bingham was elected by his fellow Commissioners to serve as President of the Las Vegas Valley Water District Board of Directors, Chairman of the Clark County Liquor and Gaming Licensing Board and a member of the Parks and Recreation Advisory Commission; and

Whereas, Jay Bingham has also served on the Colorado River Commission of Nevada, the University Medical Center Board of Trustees, the Las Vegas Convention and Visitors Authority, the North Las Vegas Crime Task Force and, at the behest of the Governor, the California-Nevada Super Speed Ground Transportation Commission; and

Whereas, Jay Bingham has impacted the lives of all Clark County residents through his support of such programs as the Gang Task Force and Drug Abuse Resistance Education; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature commend Jacob D. Bingham and applaud him for his exemplary dedication and important service to the residents of this state; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jacob D. Bingham.

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ê1997 Statutes of Nevada, Page 3644ê

FILE NUMBER 81, SCR 45

Senate Concurrent Resolution No. 45–Senators Porter, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 81

SENATE CONCURRENT RESOLUTION–Commending former Clark County Commissioner Paul Christensen for his many years of public service to the State of Nevada.

Whereas, Paul J. Christensen was born in Milford, Utah, and became a Nevadan in 1939 when he and his family moved to Las Vegas; and

Whereas, Paul Christensen is a proud graduate of Las Vegas High School and Brigham Young University; and

Whereas, Paul Christensen’s service to the State of Nevada includes over 11 years as a Las Vegas City Councilman followed by three terms as a Clark County Commissioner; and

Whereas, During his highly influential tenure, Commissioner Christensen served as Chairman of the Clark County Board of Commissioners, from 1987 to 1988, and Vice Chairman from 1989 to 1990 and 1995 to 1996, as well as chairman of a host of important boards in southern Nevada, including the Las Vegas Convention and Visitors Authority and the Southern Nevada Water Authority Board; and

Whereas, Added to the many honors garnered by Paul Christensen throughout his career will be the honor of being named a “Distinguished Nevadan” by the University of Nevada Regents in May of this year; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature do hereby express their gratitude and commend Paul J. Christensen for his many years of devoted public service to the State of Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Paul J. Christensen.

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FILE NUMBER 82, SJR 11

Senate Joint Resolution No. 11–Senator Jacobsen

FILE NUMBER 82

SENATE JOINT RESOLUTION–Urging Congress to protect the rights of users of roads over public lands.

Whereas, By section 8 of chapter 262, 14 Statutes 253 (former 43 U.S.C. Sec. 932), enacted in 1866, the right of way was granted for the construction of highways over public lands not reserved for other public uses; and

Whereas, The placement of that section in an act primarily devoted to the encouragement of mining upon the public lands suggests that an important purpose of the grant was to provide access to mining claims, but its operation was extended by section 17 of the Placer Law of 1870, which also affected other patents, pre-emptions and homesteads, so that the right of access was extended broadly to private property; and

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ê1997 Statutes of Nevada, Page 3645 (FILE NUMBER 82, SJR 11)ê

also affected other patents, pre-emptions and homesteads, so that the right of access was extended broadly to private property; and

Whereas, When section 8 of chapter 262 of the Statutes of 1866 was repealed in 1976 by section 706 of Public Law 94-579, section 701 of Public Law 94-579 also provided: “Nothing in this Act * * * shall be construed as terminating any valid * * * right-of-way [sic], or other land use right or authorization existing on the date of approval of this Act”; and

Whereas, This Legislature in its 67th Session enacted Assembly Bill No. 176 and Senate Bill No. 235 and adopted Senate Joint Resolution No. 12, which recognized the acceptance of rights of way across public land by private use as accessory roads, dispensed with public maintenance but declared all such roads open to public use, and urged the Federal Government to recognize the rights so acquired; now, therefore, be it

Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature, speaking on behalf of all its residents, calls upon the Congress of the United States to continue to ensure the permanent rights existing in those roads over public land that serve private property; and be it further

Resolved, That the Nevada Legislature hereby urges the Secretary of the Interior to allow for the identification of rights of way over public land in the State of Nevada through an administrative process; 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, each member of the Nevada Congressional Delegation and the Secretary of the Interior; and be it further

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

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FILE NUMBER 83, ACR 34

Assembly Concurrent Resolution No. 34–Assemblymen Segerblom, Ohrenschall, de Braga, Carpenter, Braunlin, Neighbors, Mortenson, Bache, Lee, Sandoval, Humke, Parks, Close, Amodei, Buckley, Evans, Herrera, Arberry, Koivisto, Chowning, Collins, Von Tobel, Anderson, Manendo, Tiffany, Cegavske, Perkins, Hettrick, Ernaut, Berman, Freeman, Lambert, Gustavson, Nolan, Marvel, Goldwater, Williams, Hickey, Giunchigliani, Price, Dini and Krenzer

FILE NUMBER 83

ASSEMBLY CONCURRENT RESOLUTION–Congratulating the town of Searchlight, Nevada, on its 100th birthday.

Whereas, The Searchlight Mining District in Clark County, Nevada, was founded on July 20, 1898; and

Whereas, Three months later in October, the United States Postal Service officially established a post office at Searchlight; and

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ê1997 Statutes of Nevada, Page 3646 (FILE NUMBER 83, ACR 34)ê

Whereas, In its heyday, during the early 1900s, Searchlight was a busy mining town with over 300 mining claims in the area boasting a population of 1,500 people and was more populated than Las Vegas at that time; and

Whereas, Today, Searchlight is a community of approximately 800 residents located 55 miles south of Las Vegas and is one of those “nice, small towns” that everyone talks about finding; and

Whereas, Searchlight is a dynamic community that supports churches, a post office, a volunteer fire and ambulance service, a recreational park, a senior citizens center and an active community center which houses a medical clinic, library and historical museum; and

Whereas, This small town has been home to many notable people, including John Macready, three-time winner of the Mackay Trophy for outstanding accomplishments in aviation, Louis Meyer, three-time winner of the Indianapolis 500 and builder of the Offenhauser and Ford DOHC racing engines, Lieutenant William Nellis, for whom Nellis Air Force Base is named, Edith Head, costume designer to Hollywood stars and winner of numerous Oscars, Clara Bow, Hollywood silent screen star, Rex Bell, Hollywood screen star and Lieutenant Governor of Nevada, James Cashman, founder of Cashman Cadillac and Cashman Equipment companies, and Harry Reid, United States Senator; and

Whereas, In 1998, on October 3rd and 4th, Searchlight, Nevada, will be celebrating the 100th anniversary of its birthday; and

Whereas, The small but active population of Searchlight exemplifies American life in a small town; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature, in recognition of Searchlight’s influence on the history of the State of Nevada and the importance of preserving and supporting this remarkable small town, do hereby commemorate the town of Searchlight, Nevada, on its 100th birthday and encourage residents of the State of Nevada to participate in the 100th Birthday Celebration to be held on October 3rd and 4th of 1998; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jane Bunker Overy, Chairman of the Searchlight 100th Birthday Celebration.

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ê1997 Statutes of Nevada, Page 3647ê

FILE NUMBER 84, ACR 35

Assembly Concurrent Resolution No. 35–Assemblymen Dini, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 84

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Speaker of the Assembly Cyril O. Bastian.

Whereas, The members of the 69th session of the Nevada Legislature were saddened to hear of the recent passing of former Speaker of the Assembly Cyril O. Bastian on March 5, 1997; and

Whereas, Cyril Bastian was born in Leeds, Utah, on October 22, 1903, to Lewis H. and Pearl Huntsman Bastian; and

Whereas, After receiving his education in Utah, Cyril met and married Vilda Robinson on June 4, 1922; and

Whereas, The young couple moved to the town of Alamo in the Pahranagat Valley in Lincoln County in 1929, where Cyril and Vilda Bastian entered the ranching business; and

Whereas, Cyril Bastian was first elected to the Assembly of the Nevada Legislature in 1942 and served as an Assemblyman from Lincoln County for many of the legislative sessions between 1943 and 1965, and also as the Chief Clerk of the Assembly in 1957; and

Whereas, As an Assemblyman, Cyril Bastian was elected Speaker of the Assembly in the regular session in 1955 and the special session in 1956, was Chairman of the Committee on Taxation for four legislative sessions, was appointed to the Legislative Commission in 1959 and was on numerous other committees including the Committee on Ways and Means; and

Whereas, Cyril Bastian was a highly respected member of the Church of Jesus Christ of Latter-Day Saints, and served on the school board, the Chamber of Commerce and the Farm Bureau; and

Whereas, Cyril Bastian was preceded in death by his wife Vilda in 1974 and is survived by 7 children, 22 grandchildren, 95 great-grandchildren and 2 great-great grandchildren; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its heartfelt condolences to the family and friends of former Speaker of the Assembly Cyril O. Bastian; and be it further

Resolved, That Cyril O. Bastian will long be remembered as a family man and rancher who was a pillar of his community; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the children of Cyril and Vilda Bastian including Roberta Speirs of Cherry Valley, California, Beatrice Stewart of Alamo, Wilma Brinson of Carson City, Carma Boswell of Sparks, Weldon Bastian of Nampa, Idaho, Grant Bastian of Nampa, Idaho and Zina Johnson of Moundhouse.

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ê1997 Statutes of Nevada, Page 3648 (FILE NUMBER 84, ACR 35)ê

of Nampa, Idaho, Grant Bastian of Nampa, Idaho and Zina Johnson of Moundhouse.

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FILE NUMBER 85, ACR 39

Assembly Concurrent Resolution No. 39–Assemblymen Krenzer, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 85

ASSEMBLY CONCURRENT RESOLUTION–Designating June 5, 1997, as “Baby Your Baby Day” in the State of Nevada.

Whereas, In 1990, many women in the State of Nevada were not accessing prenatal care early and the infant mortality rate was 9 deaths per 1,000 live births; and

Whereas, Prevention in the form of information and education promoting early and continuous prenatal care has been proven to improve the outcome of pregnancy; and

Whereas, In 1991, Sunbelt Communications, Washoe Health System, Sunrise Children’s Hospital and Sierra Health Services joined with the Health Division and Welfare Division of the Department of Human Resources to form a public/private partnership to improve the outcome of pregnancy in the State of Nevada; and

Whereas, The “Baby Your Baby” program, a multi-media public service campaign which includes a toll-free information and referral line, was developed and implemented to promote early and continuous prenatal care, has directly assisted over 20,000 pregnant women and their partners in accessing prenatal care and other related health services; and

Whereas, Since the implementation of the “Baby Your Baby” program in 1992:

1. The infant mortality rate of the State of Nevada is now one of the best in the nation, decreasing from 9 deaths per 1,000 live births in 1991, to 5.7 deaths per 1,000 live births in 1996;

2. The percentage of women in this state receiving prenatal care in the first trimester increased from 68 percent in 1991 to 79 percent in 1996;

3. Since 1993, participants in the “Baby Your Baby” program have delivered fewer premature babies than nonparticipants, the low and very low birth-weight rates have remained stable and the infant mortality rate has decreased even though the number of births increased; and

4. The “Baby Your Baby” program has successfully reached pregnant women who are at a high risk for poor outcomes at birth, including African-Americans, whose infant mortality rate diminished by one-half from 1988 to 1995 and whose low birth-weight rate decreased from 16 percent to 14.6 percent over the same period; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3649 (FILE NUMBER 85, ACR 39)ê

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature do hereby designate June 5, 1997, as “Baby Your Baby Day” in the State of Nevada in recognition of the success of the “Baby Your Baby” program, the importance of early and continuous prenatal health care and the fact that “prevention pays”; and be it further

Resolved, That the “Baby Your Baby” campaign and other prenatal programs, such as the Medicaid “MOMS” program, are excellent examples of governmental agencies and the private sector working together to have a significant impact on communities by enabling residents of the State of Nevada access to prenatal health services; and be it further

Resolved, That families, communities and governmental agencies are hereby encouraged to emphasize and support public awareness of the importance of early and continuous prenatal care for all pregnant women; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Yvonne Sylva, Administrator of the Health Division of the Department of Human Resources and Myla Florence, Administrator of the Welfare Division of the Department of Human Resources.

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FILE NUMBER 86, SCR 9

Senate Concurrent Resolution No. 9–Committee on Human Resources and Facilities

FILE NUMBER 86

SENATE CONCURRENT RESOLUTION–Urging school districts to continue to cooperate to serve the best interests of children and communities.

Whereas, The availability of adequate educational resources and facilities is essential to ensure that each school district in Nevada provides a quality education to children; and

Whereas, The unique geography of this state has resulted in the isolation of some schools and pupils and placed them at a great distance from specialized educational resources and personnel; and

Whereas, Some rural school districts in this state have limited money available for school facilities and educational resources, including, but not limited to, school buildings, school psychologists, guidance counselors, speech therapists, computer equipment and services for the education of pupils with disabilities and of gifted and talented pupils; and

Whereas, Many school districts have formed alliances either formally pursuant to statute or informally to share educational resources and personnel; and

Whereas, These formal and informal alliances have helped to alleviate some of the problems encountered by rural school districts as a result of isolation and have promoted cooperation among the various school districts; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby recognizes that cooperation among the school districts in this state enhances the quality of education that is provided to children; and be it further

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ê1997 Statutes of Nevada, Page 3650 (FILE NUMBER 86, SCR 9)ê

among the school districts in this state enhances the quality of education that is provided to children; and be it further

Resolved, That the Legislature hereby urges school districts to continue to cooperate by:

1. Entering into cooperative agreements pursuant to chapter 277 of NRS to furnish, share or exchange educational personnel, resources, facilities, equipment and property;

2. Acquiring jointly educational facilities and projects pursuant to NRS 387.531 to 387.591, inclusive;

3. Entering into agreements pursuant to NRS 392.010 for pupils to attend schools in an adjoining school district if such an agreement is in the best interest of the children and the respective communities; and

4. Entering into informal alliances when such alliances are in the best interests of the children and the respective communities; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each board of trustees of a school district in this state.

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FILE NUMBER 87, SCR 8

Senate Concurrent Resolution No. 8–Committee on Human Resources and Facilities

FILE NUMBER 87

SENATE CONCURRENT RESOLUTION–Encouraging the board of trustees of each county school district in this state to create a community advisory board.

Whereas, Public education plays a crucial role in producing well-informed, educated and productive members of society; and

Whereas, The unique geography of this state has resulted in the concentration of some schools and pupils at locations that are considerably distant from the administrative offices of the board of trustees of the various county school districts; and

Whereas, The increased population of pupils in some schools in this state has caused a significant increase in the demands on the boards of trustees of those school districts; and

Whereas, The involvement and support of parents and other members of the community in the education of children is essential to ensure that children receive the best education possible; and

Whereas, Parents and other members of the community can provide valuable insight to the board of trustees of a school district regarding the improvement of education in their particular community; and

Whereas, If parents and other members of the community are afforded more opportunity to participate in and voice their concerns about the education that is being offered in their community, this will help to build consensus among administrators, teachers, parents and other members of the community; and

Whereas, Greater participation and involvement by parents and other members of the community in decisions regarding the education of the children in that community will help to create a more effective and responsive school district; and

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ê1997 Statutes of Nevada, Page 3651 (FILE NUMBER 87, SCR 8)ê

Whereas, Each board of trustees is best suited to determine which communities within the school district share common interests or concerns and would benefit from a structured forum in which to participate; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby encourages the board of trustees of each county school district in this state to create at least one, and more if appropriate, community advisory boards composed of parents and other members of the particular community to advise the board of trustees on matters relating to the education that is offered in the public schools in the community; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the board of trustees of each county school district in this state.

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FILE NUMBER 88, ACR 41

Assembly Concurrent Resolution No. 41–Assemblymen Hickey, Dini, Hettrick, Von Tobel, Ernaut, Mortenson, Lambert, Williams, Amodei, Freeman, Neighbors, de Braga, Humke, Tiffany, Close, Cegavske, Nolan, Marvel, Braunlin, Berman, Carpenter, Sandoval and Gustavson

FILE NUMBER 88

ASSEMBLY CONCURRENT RESOLUTION–Commending Dr. James K. Gentry for his contributions to the Donald W. Reynolds School of Journalism at the University of Nevada, Reno.

Whereas, Dr. James K. Gentry joined the faculty of the University of Nevada, Reno, in 1992, after almost 15 years at the University of Missouri School of Journalism where he was an associate and an assistant professor; and

Whereas, While employed at the University of Missouri School of Journalism, Dr. Gentry was twice elected Chairman of the Editorial Department and was also Assistant Director of the University’s Honors College; and

Whereas, Under the leadership of Dr. Gentry, the Donald W. Reynolds School of Journalism is now recognized as a leader in the integration of emerging digital technologies into journalism instruction and in the application of critical thinking throughout the curriculum; and

Whereas, Dr. Gentry received his Ph.D. in journalism from the University of Missouri in 1993, giving his dissertation on a case study analysis of the ramifications of introducing a major change into a daily newspaper; and

Whereas, Dr. Gentry works frequently with newspapers to bring about organizational change intended to improve the quality of management and to improve business news coverage; and

Whereas, Dr. Gentry is a member of the Accrediting Committee of the Accrediting Council for Education in Journalism and Mass Communications; and

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ê1997 Statutes of Nevada, Page 3652 (FILE NUMBER 88, ACR 41)ê

Whereas, With the help of funding from the American Press Institute, Dr. Gentry has analyzed change activities at newspapers that have taken the lead in new approaches in their newsrooms and in the paper as a whole, and his research has resulted in a changed process model that is used at conferences organized by the American Press Institute and at a number of newspapers; and

Whereas, In the past 2 years, Dr. Gentry has spoken at 10 seminars sponsored by the American Press Institute on change, newsroom leadership and critical/creative thinking, and he is one of the few academics who regularly speaks at such seminars; and

Whereas, Dr. Gentry has also been involved in newspaper change activities for 8 years as a facilitator for “New Directions for News,” a creativity think tank at the University of Missouri School of Journalism; and

Whereas, Dr. Gentry was the first Executive Director of the Society of American Business Editors and Writers and under his guidance this organization grew from 124 members to over 1,100 members; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend Dr. James K. Gentry for the 5 dedicated years in which he has served as Dean of the Donald W. Reynolds School of Journalism and Center for Advanced Media Studies; and be it further

Resolved, That the Nevada Legislature extends its best wishes to Dr. Gentry as he continues his career in journalism as the Dean of the William Allen White School of Journalism and Mass Communications at the University of Kansas, which has one of the strongest journalism programs in the nation; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Dr. James K. Gentry.

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FILE NUMBER 89, ACR 40

Assembly Concurrent Resolution No. 40–Assemblymen Von Tobel, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany and Williams

FILE NUMBER 89

ASSEMBLY CONCURRENT RESOLUTION–Commending the 1997 National Collegiate Athletic Association Division I Tennis Champions, Luke Smith and Tim Blenkiron.

Whereas, The National Collegiate Athletic Association Division I Tennis Championships are prestigious competitions and the winning of NCAA titles a highly coveted honor; and

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ê1997 Statutes of Nevada, Page 3653 (FILE NUMBER 89, ACR 40)ê

Whereas, On May 25, 1997, Luke Smith, a senior at the University of Nevada, Las Vegas, took home the NCAA Division I men’s singles title, becoming the first unseeded player to win the title since 1991; and

Whereas, On the same day, Luke Smith and Tim Blenkiron, also a senior at UNLV, teamed up to win the NCAA Division I men’s doubles title; and

Whereas, The outstanding coaching efforts of UNLV Tennis Coach Larry Easley helped to make these victories and the strong appearance of UNLV at the NCAA Championships possible; and

Whereas, Luke Smith is only the third UNLV men’s tennis player to earn a position in the NCAA Championships and only the second to win a match in the competition; and

Whereas, Throughout the entire singles competition, Luke Smith did not lose a set; and

Whereas, Luke Smith obtained a rare double crown, claiming both the singles and doubles title in the same year, a feat accomplished only one other time in the past 20 years; and

Whereas, The team of Tim Blenkiron and Luke Smith was not seeded in the tournament and became the first unseeded NCAA doubles champion since 1989; and

Whereas, Over the 5 days of competition, Tim Blenkiron and Luke Smith lost only one set; and

Whereas, It was the first appearance by Tim Blenkiron in the NCAA Championships, and Luke Smith has been a part of every doubles team from UNLV to participate in the competition; and

Whereas, These victories earned UNLV its first NCAA tennis titles and are the fifth and sixth NCAA titles ever won by UNLV athletes; and

Whereas, Through these victories, both men have earned themselves automatic berths at the U.S. Open Tennis Tournament this August; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby commend Luke Smith and Tim Blenkiron for their fabulous victories at the 1997 NCAA Division I Tennis Championships; and be it further

Resolved, That the members of this body further recognize the strong coaching of UNLV Tennis Coach Larry Easley in the achievement of these victories; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to tennis champions Luke Smith and Tim Blenkiron and Coach Larry Easley.

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ê1997 Statutes of Nevada, Page 3654ê

FILE NUMBER 90, SCR 48

Senate Concurrent Resolution No. 48–Senators Townsend, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener

FILE NUMBER 90

SENATE CONCURRENT RESOLUTION–Memorializing Orville C. Schultz, Sr.

Whereas, The members of the 69th session of the Nevada Legislature learned with great sorrow of the death of Orville Carl Schultz, Sr., on April 1, 1997; and

Whereas, Orville Schultz was born in Harrison, Wisconsin, on May 10, 1920, to Frederick and Mylinda Pfister Schultz; and

Whereas, In 1945, Orville Schultz moved to Sparks and began a long and illustrious career in transportation and safety; and

Whereas, When Orville Schultz first joined Nevada Transit, he transported just 13 pupils in the only school bus in the area at that time; and

Whereas, In 1948, Orville Schultz and Jim Woods, who owned a tour bus company, began the Junior Ski Program, which was created to promote business for both companies and give children a productive outlet for their energy; and

Whereas, In 1953, Orville Schultz became part owner and secretary-treasurer of Nevada Transit, and in 1955, he participated in the implementation of both the Drivers’ Safety Program, now known as Traffic School, and the School Bus Transportation and Equipment Code; and

Whereas, The Parent Teacher Association extended to Orville Schultz a lifetime membership, in part for his development of a training course for school bus drivers for the Washoe County School District, which then served as a model for courses in other districts; and

Whereas, In 1960, Orville Schultz turned his entrepreneurial spirit to the Winter Olympics at Squaw Valley and, with Vic Charles, owner of a tour bus company, provided all transportation for the games; and

Whereas, As Washoe County continued to grow over the years, Orville Schultz and Frank Lindsay, president of Nevada Transit, decided to relinquish the transportation of pupils to the school district and then sold Nevada Transit, now known as Citifare; and

Whereas, In 1970, Orville Schultz was invited to become field safety supervisor for Washoe County School District, a position he held for 27 years; and

Whereas, Orville Schultz continued to pursue improvements in the safe transportation of children by vigilantly checking the safety of roads on days of bad weather, having crosswalks at schools painted yellow instead of white and convincing the Nevada Department of Transportation to construct loading zones for school buses on both sides of the Mt. Rose Highway; and

Whereas, Besides his many valuable achievements in transportation and safety, Orville Schultz also served in the army during World War II, pitched for a semi-professional baseball team in Reno and was a member of Washoe Lodge 35 of the Free and Accepted Masons; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3655 (FILE NUMBER 90, SCR 48)ê

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature extends its sincere condolences and heartfelt sympathy to the family of Orville Carl Schultz; and be it further

Resolved, That Orville Schultz will long be remembered for the valuable contributions that he made in his 52-year career in the transportation industry regarding the safety and quality of life of the children of Washoe County; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his widow, Janet Schultz, and their children, Carol, Carl, Don, Chris and Debbie.

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FILE NUMBER 91, AJR 16

Assembly Joint Resolution No. 16–Committee on Elections, Procedures, and Ethics

FILE NUMBER 91

ASSEMBLY JOINT RESOLUTION–Expressing support for the Nevada Test Site Development Corporation and for the proposal by Kistler Aerospace to make use of the Nevada Test Site for licensed aerospace vehicle operations.

Whereas, For many years the residents of the State of Nevada have contributed to the national security of the United States through their support of the Nevada Test Site; and

Whereas, The State of Nevada has supported the national security mission of the Nevada Test Site throughout the administration of 13 governors and countless legislators; and

Whereas, Many sacrifices were made by the residents of the State of Nevada which contributed to the victory of the United States in the Cold War through the technologies which were developed and advanced at the Nevada Test Site; and

Whereas, In appreciation of these sacrifices, any new commercial uses of the Nevada Test Site authorized by the United States Department of Energy must benefit the residents of the State of Nevada through new employment opportunities, development of high technology industries and jobs, and economic diversification; and

Whereas, The Nevada Test Site has unique attributes that have the potential to attract investors and scientists with exciting new technologies to the State of Nevada, making the Nevada Test Site a valuable asset of this state and making new commercial projects at the Nevada Test Site worthy of the support of the Governor and Legislators of the State of Nevada; and

Whereas, The Department of Energy urged Governor Bob Miller to create a community reuse organization to support and sponsor new economic development projects at the Nevada Test Site, and in response, Governor Miller formed the Nevada Test Site Development Corporation, a nonprofit, community-based organization representative of business, finance, education, government and concerned residents of this state; and

Whereas, Kistler Aerospace Corporation has proposed to use the Nevada Test Site to develop and operate commercially the world’s first fully reusable aerospace vehicle that will deploy satellites and other payloads to low earth orbit; and

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ê1997 Statutes of Nevada, Page 3656 (FILE NUMBER 91, AJR 16)ê

reusable aerospace vehicle that will deploy satellites and other payloads to low earth orbit; and

Whereas, Kistler Aerospace is under the leadership of Dr. George Mueller, former director of the Apollo program, as well as other successful leaders from business, finance and the United States space program; and

Whereas, Governor Bob Miller, the Nevada Congressional Delegation and the residents of the State of Nevada who serve on the Board of Directors of the Nevada Test Site Development Corporation have expressed their united support for the Kistler Aerospace proposal; and

Whereas, The Department of Energy, the Air Force and federal laboratories have assigned a site for an operations base at the Nevada Test Site for Kistler Aerospace; and

Whereas, Kistler Aerospace has applied for a license from the Federal Aviation Administration of the Department of Transportation that will determine the effect on public safety and the environmental consequences of Kistler’s proposed operations base; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th Session of the Nevada Legislature do hereby support the efforts of the Nevada Test Site Development Corporation, and the residents of the State of Nevada who serve on its Board of Directors, to sponsor economic development projects at the Nevada Test Site which will promote economic diversification, new employment opportunities and utilize the Nevada Test Site for the benefit of the State of Nevada; and be it further

Resolved, That the Nevada Legislature supports the partnership between the Nevada Test Site Development Corporation and Kistler Aerospace Corporation as well as Kistler Aerospace’s proposal to use the Nevada Test Site for licensed aerospace vehicle operations which will generate employment in highly technological positions placing the State of Nevada in the forefront of a new era in space exploration, providing an additional source of pride and accomplishment for the residents of the State of Nevada; and be it further

Resolved, That the Nevada Legislature hereby congratulates Governor Bob Miller and the Nevada Congressional Delegation, which consists of Senator Harry Reid, Senator Richard Bryan, Congressman John Ensign and Congressman Jim Gibbons, for their vision and support for economic development projects at the Nevada Test Site and Kistler Aerospace’s proposal to use the Nevada Test Site for licensed aerospace vehicle operations, and urges continued support by the Federal Government and local and state agencies to ensure the success of this proposal; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Bob Miller and each member of the Nevada Congressional Delegation; and be it further

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

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ê1997 Statutes of Nevada, Page 3657ê

FILE NUMBER 92, ACR 42

Assembly Concurrent Resolution No. 42–Assemblyman Hettrick

FILE NUMBER 92

ASSEMBLY CONCURRENT RESOLUTION–Commending Wayne Moore for his heroic effort to save the life of Robert Bugajski.

Whereas, Wayne Moore moved to the State of Nevada in the fall of 1982 and began teaching automotive technology at Douglas High School; and

Whereas, Wayne Moore, along with his wife, Kimberly, and their three children, Nathan, Kristin and Benjamin, have made Carson City their home for the past 15 years; and

Whereas, In 1986, Wayne Moore was presented with the award for “Excellence in Secondary Vocational Automotive Education” by the Motor Vehicle Manufacturers Association and the American Vocational Association; and

Whereas, This dedicated teacher has taught pupils from the China Spring Youth Camp after his regular day of teaching at Douglas High School and has also been a part-time instructor at the Western Nevada Community College since 1988; and

Whereas, In 1991, Wayne Moore was recognized for his excellence as an instructor at Western Nevada Community College when he was named the “Part-Time Instructor of the Year”; and

Whereas, Since 1984, the pupils at Douglas High School who have enrolled in Wayne Moore’s class in automotive technology have competed in the Ford/AAA Student Auto Skills Competition every year except one, an honor that requires participants to be in one of the top 10 designated classes in automotive technology in the State of Nevada; and

Whereas, This year Wayne Moore was named the 1997 Douglas High School’s “Teacher of the Year”; and

Whereas, On May 21, 1997, Wayne Moore unselfishly risked his life to rescue 17-year-old Carson City High School student, Robert Bugajski, from a flaming truck that was involved in a collision in Carson City; and

Whereas, This act of bravery further demonstrates what a remarkable, brave and unselfish man Wayne Moore is, as he continues to serve as not only a role model for his students at Douglas High School and Western Nevada Community College, but as an inspiration to all residents of the State of Nevada; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend Wayne Moore for his heroic effort to save the life of Robert Bugajski, who sadly passed away on May 29; and be it further

Resolved, That Wayne Moore is further commended for his dedication to the youth of Northern Nevada and for his continued efforts to excel in his chosen profession; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Wayne Moore.

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ê1997 Statutes of Nevada, Page 3658ê

FILE NUMBER 93, ACR 36

Assembly Concurrent Resolution No. 36–Assemblymen Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 93

ASSEMBLY CONCURRENT RESOLUTION–Expressing support for the efforts being made in the State of Nevada to prevent teenage pregnancy.

Whereas, The State of Nevada ranks second in the nation for pregnancies among young women ages 15 to 19, tenth for young women under the age of 15, sixth for young women 15 to 17 years old, and first for young women ages 18 and 19; and

Whereas, In 1995 in the State of Nevada, approximately 12 teenage girls became pregnant each day, or approximately 375 each month; and

Whereas, Approximately 50 percent of married and 75 percent of unmarried adolescent mothers receive benefits from Aid to Families with Dependent Children within 4 years after the birth of their first child; and

Whereas, In the State of Nevada, 72 percent of the fathers of babies born to teenage mothers are over the age of 19; and

Whereas, Babies born to teenage mothers experience higher incidences of infant death and low birth weight; and

Whereas, Research has indicated that the State of Nevada is likely to achieve the greatest success in reducing its rates of teenage pregnancy through communitywide, comprehensive outreach efforts; and

Whereas, The Department of Human Resources and the Office of the Attorney General have formed a partnership to develop a plan of action to address the urgent need for the prevention of teenage pregnancies; and

Whereas, Many communities throughout this state have responded to this need, forming 23 community action teams dedicated to working together within their communities to prevent teenage pregnancies; and

Whereas, The Governor’s Youth Advisory Council was created to address issues of concern to youth, including teenage pregnancy; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature support the efforts of those local and state agencies that are endeavoring to reduce the incidence of pregnancies among young women in this state; and be it further

Resolved, That youth, parents and communities within the State of Nevada and local and state agencies are hereby urged to support and assist local community action teams in their efforts to prevent teenage pregnancy.

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ê1997 Statutes of Nevada, Page 3659ê

FILE NUMBER 94, SCR 49

Senate Concurrent Resolution No. 49–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 94

SENATE CONCURRENT RESOLUTION–Memorializing Tyrus R. Cobb, beloved newspaper journalist, columnist and editor.

Whereas, With the passing of Tyrus R. “Ty” Cobb on May 25, 1997, a void was left in the world of journalism and in the hearts of many Nevadans who will miss the warmth and humor of his column in the Reno Gazette-Journal; and

Whereas, Ty Cobb, named after the famous baseball player and later dubbed “dean of Nevada newspaper people” by a close friend and fellow newspaper reporter, was born in Virginia City on September 21, 1915; and

Whereas, This “son of the Comstock” was a third-generation Nevadan and chose to make his birthplace his permanent home, even though he received numerous offers to become a part of other news organizations in several states; and

Whereas, Ty Cobb graduated from the University of Nevada, Reno, in 1937 and began his career with the coverage of his own commencement exercises for the Reno Nevada State Journal; and

Whereas, His excellence in the field of journalism was rewarded with promotions from reporter to sports editor to assistant managing editor, and ultimately in 1960, to managing editor of the Reno Gazette-Journal; and

Whereas, One of the foremost reasons for Ty Cobb’s renown was his column “Cobbwebs,” which gave readers a taste of history, sports and humor along with eagerly anticipated coverage of unusual license plates that had been observed on streets of northern Nevada; and

Whereas, Ty Cobb demonstrated his devotion to the world of sports by investing time and effort to help establish the first Babe Ruth League in Nevada, the Sierra Nevada Sportswriters and Broadcasters, the National Collegiate Athletic Association Intercollegiate Boxing Tournament, the California-Nevada Olympic Games Committee and the Nevada Golden Gloves; and

Whereas, Awards such as the first Nevada State Press Association plaque for the best sports column and a National Sportswriters award were among the accolades conferred upon Ty Cobb, and the Alumni Boxing Association of the University of Nevada, Reno, honored him in 1971; and

Whereas, All those who were acquainted with this dedicated journalist respected him because of his devotion to his family, his embodiment of trustworthiness, honesty, leadership and role-modeling, and his active interest in obtaining awards for athletes, especially those of ethnic minorities; and

Whereas, When Ty Cobb retired in 1975 because his vision was failing to such an extent that he was unable to do research or even read his editing marks, he continued to make evident his love for writing by drawing upon his memories to create eloquent compositions; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3660 (FILE NUMBER 94, SCR 49)ê

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature proclaim their feelings of pride in the legacy of excellence bequeathed to the State of Nevada through the personal life and career of Tyrus R. Cobb; and be it further

Resolved, That the members of this legislative body express their sincerest sympathy to the family of Ty Cobb and to all those who feel an emptiness at his loss; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ty Cobb’s sons, Tyrus W. Cobb of San Rafael and William G. Cobb of Reno and his daughter, Patricia Cobb Sawdon of Reno.

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FILE NUMBER 95, AR 13

Assembly Resolution No. 13–Committee on Elections, Procedures, and Ethics

FILE NUMBER 95

ASSEMBLY RESOLUTION–Recognizing the work and contributions of Harold Bradford, whose art work has been exhibited in the Legislative Building.

Whereas, The members of the Nevada Legislature are especially appreciative to have had the opportunity to enjoy the art work created by Harold Bradford that has been on display in the Legislative Building during this legislative session; and

Whereas, Harold Bradford was born and raised in New Orleans, Louisiana, but has called the State of Nevada his home for over 20 years; and

Whereas, The paintings created by Harold Bradford that have been on display in the Legislative Building feature the Buffalo Soldier and depict the contributions that African-Americans made to the early West; and

Whereas, Harold Bradford’s goal is to educate his fellow man through his art work by documenting the culture and history of African-Americans in the early West; and

Whereas, For this past year, Harold Bradford has been part of the adjunct faculty for the Clark County Community College, where he instructs students in advanced illustration; and

Whereas, Harold Bradford has participated in many solo and group exhibitions from exhibits at the Stella Vones Gallery in New Orleans, Louisiana, to the Left Center Art Gallery and Studio in Las Vegas, where he currently has an exhibit of his paintings; and

Whereas, Art is a universal medium through which the culture of a nation may be expressed while enriching the lives of those who observe it, and Harold Bradford’s works of art exemplify these qualities and foster the excellence and vitality of the fine arts; now, therefore, be it

Resolved by the Assembly of the State of Nevada, That the members of the 69th session of the Nevada Legislature do hereby express their sincere gratitude and appreciation to Harold Bradford for his generosity in loaning his beautiful works of art for display in the Legislative Building during this legislative session; and be it further

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ê1997 Statutes of Nevada, Page 3661 (FILE NUMBER 95, AR 13)ê

generosity in loaning his beautiful works of art for display in the Legislative Building during this legislative session; and be it further

Resolved, That the Nevada Legislature has enjoyed viewing Harold Bradford’s unique art work and wishes Mr. Bradford continued success in the fine arts; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Harold Bradford.

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FILE NUMBER 96, ACR 11

Assembly Concurrent Resolution No. 11–Assemblymen Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 96

ASSEMBLY CONCURRENT RESOLUTION–Memorializing former Speaker of the Assembly and Mayor of the City of Sparks, Chester S. “Chet” Christensen.

Whereas, On March 2, 1997, the State of Nevada was saddened by the passing of Chester S. Christensen, a man whose service in state government spanned four decades; and

Whereas, Chet Christensen was born in April of 1916 to James and Mary Estella Rawson of Ogden, Utah; and

Whereas, After attending Weber College on a music scholarship, Chet Christensen moved to northern Nevada where he was a member of the Reno Lions Club Quartet, performed as a singer in nightclubs and on radio, worked as a fireman for the Southern Pacific Railroad out of Sparks and was a member of the Brotherhood of Locomotive Firemen and Engineers, Truckee Lodge 19; and

Whereas, Chet Christensen became Assemblyman Christensen in 1949, serving seven terms, including one term, 1955, as Speaker Pro Tempore and two terms, 1959 and 1961, as Speaker of the Assembly, and retiring on June 12, 1963, to take up the post of Mayor of the City of Sparks, whose residents knew him as the “Singing Mayor”; and

Whereas, During his time as an Assemblyman and Mayor, Chet Christensen’s leadership was exemplified through legislation to regulate the gaming industry and to establish Nevada’s program for aid to dependent children, as well as the creation of the first office of city manager in the State of Nevada and a wide array of other positive legacies for the residents of this state; and

Whereas, In 1975, friends and colleagues within the Nevada Legislature welcomed back Assemblyman Christensen for an eighth term of service in the Assembly; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State of Nevada grieves the passing of Chester S.

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ê1997 Statutes of Nevada, Page 3662 (FILE NUMBER 96, ACR 11)ê

Christensen and expresses its gratitude for his many years of service; and be it further

Resolved, That the State of Nevada extends its sincere condolence to the Christensen family on the loss of both Chet and Odessa Christensen, who preceded Chet in passing by merely 2 weeks; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Richard and Jim Christensen, the surviving sons of Chet and Odessa.

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FILE NUMBER 97, ACR 23

Assembly Concurrent Resolution No. 23–Assemblymen Ohrenschall, Buckley, Bache, Manendo, Williams and Arberry

FILE NUMBER 97

ASSEMBLY CONCURRENT RESOLUTION–Urging the Las Vegas Valley Water District to maintain the current method for the calculation of charges for water to mobile home parks by use of a master meter.

Whereas, Conservation of the ground-water resources of the Las Vegas Valley is of utmost importance to the residents of this valley and to the State of Nevada; and

Whereas, The use of water meters in single-family residences provides a fair method of charging residents who use water based upon their actual use; and

Whereas, The Las Vegas Valley Water District currently charges residents of mobile home parks who are connected to a master water meter at a rate comparable to such rates charged for single-family residences; and

Whereas, A basic amount of water is necessary for the life-sustaining activities of all residents of mobile home parks; and

Whereas, All mobile home parks which are constructed after October 1, 1995, in counties whose population is 400,000 or more are required by statute to provide direct water service to individual meters for each lot; and

Whereas, Mobile home parks that were constructed before October 1, 1995, may, but are not required by statute to, convert to individual water meters for each lot; and

Whereas, The method of charging residents of mobile home parks for water should ensure fairness and affordability for those residents; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby urge the Las Vegas Valley Water District to maintain the current schedule of rates for water usage in a mobile home park until such time as master meters are converted to individual residential meters which would measure actual consumption by each resident of a mobile home park; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Las Vegas Valley Water District.

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ê1997 Statutes of Nevada, Page 3663ê

FILE NUMBER 98, SCR 50

Senate Concurrent Resolution No. 50–Senators Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

FILE NUMBER 98

SENATE CONCURRENT RESOLUTION–Commemorating the 40th Anniversary of the University of Nevada, Las Vegas.

Whereas, The first building on 80 acres of desert that would become the campus of the University of Nevada, Las Vegas, was opened in 1957 and named for Nevada educator, legislator and friend of higher education, Maude Frazier; and

Whereas, The campus, which was originally named the Southern Regional Division of the University of Nevada became Nevada Southern University in 1964 and finally in 1968, was officially designated the University of Nevada, Las Vegas; and

Whereas, Over the past 4 decades, the university has grown from a single building on 80 acres to 60 structures on 335 acres; and

Whereas, The enrollment at the university was 498 when it first opened in 1957; 3,902 in 1967; 8,764 in 1977; 13,778 in 1987, and more than 20,000 students are expected to enroll for the fall semester of 1997; and

Whereas, The number of students graduating from UNLV in 1964 was 29, and that number has grown to 3,000 this year; and

Whereas, The faculty and staff now stands at approximately 2,000, and UNLV boasts an alumni of 35,000; and

Whereas, The University of Nevada, Las Vegas, has benefited from the outstanding leadership abilities of past presidents William D. Carlson from 1957 through 1964, Donald C. Moyer from 1964 through 1969, Roman J. Zorn from 1969 through 1973, Donald H. Baepler from 1973 through 1978, Brock Dixon (acting) from 1978 through 1979, Leonard E. Goodall from 1979 through 1984, Robert C. Maxson from 1984 through 1994, Kenny C. Guinn (interim) 1994 through 1995 and Carol C. Harter from 1995 to the present; and

Whereas, Private support for the university began with the formation of the Nevada Southern Fund in 1955, which raised more than $35,000 to help purchase the land for the original campus; and

Whereas, The generosity of the residents of this state continues today with millions of dollars donated every year; and

Whereas, The University of Nevada, Las Vegas, has proven itself as an athletic power among this country’s colleges and universities, competing in basketball, football, track, softball, soccer, golf and tennis, and winning NCAA titles in women’s track and field in 1984 and 1987, men’s basketball in 1990 and tennis in 1997; and

Whereas, The goal of the University of Nevada, Las Vegas, designed to capitalize on 40 years of growth, development and knowledge, is to ensure that the university will be recognized as a premier urban university before its 50th anniversary; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3664 (FILE NUMBER 98, SCR 50)ê

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate those persons involved with the success and growth of the University of Nevada, Las Vegas, on the 40th Anniversary of this outstanding educational institution; and be it further

Resolved, That the Nevada Legislature fully supports and encourages the educational opportunities provided by the University of Nevada, Las Vegas, and is proud of the exceptional alumni who have continued their lives as productive members of our society; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Carol C. Harter, President of the University of Nevada, Las Vegas.

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FILE NUMBER 99, SJR 6

Senate Joint Resolution No. 6–Committee on Natural Resources

FILE NUMBER 99

SENATE JOINT RESOLUTION–Expressing the support of the Nevada Legislature for the Southern Nevada Public Land Management Act of 1997 and for the sale or other transfer of public land managed by the Federal Government in the Las Vegas Valley if the transfer does not adversely affect sparsely populated and rural counties in Nevada.

Whereas, The Las Vegas Valley has in recent years experienced a tremendous increase in population and growth in the number of businesses and residential homes in the area; and

Whereas, The Federal Government presently manages public land located within the Las Vegas Valley; and

Whereas, A sale or other transfer of some or all of that public land would facilitate community expansion and growth in the Las Vegas Valley; and

Whereas, Because public lands managed by the Federal Government in Nevada are not taxable, a sale or transfer of those lands into state or private ownership would provide additional land subject to taxation in the State of Nevada; and

Whereas, Although the sale or other transfer of public land managed by the Federal Government in the Las Vegas Valley would be beneficial to the State of Nevada and its residents, such transfers may adversely affect sparsely populated and rural counties in Nevada by increasing the amount of land managed by the Federal Government in those counties, thereby reducing the amount of land in those counties that is privately owned or owned by the State of Nevada or a local government; and

Whereas, During the 105th session of Congress, Representative John Ensign introduced the Southern Nevada Public Land Management Act of 1997 (H.R. No. 449), which, if enacted, would direct the Secretary of the Interior to dispose of certain Federal lands in the Las Vegas Valley and authorize the State of Nevada to elect to obtain the lands for public purposes; now, therefore, be it

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ê1997 Statutes of Nevada, Page 3665 (FILE NUMBER 99, SJR 6)ê

Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada hereby expresses its support for the Southern Nevada Public Land Management Act of 1997 and for the sale or other transfer of public land managed by the Federal Government in the Las Vegas Valley if the transfer does not adversely affect sparsely populated and rural counties in Nevada; 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.

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FILE NUMBER 100, AJR 11

Assembly Joint Resolution No. 11–Committee on Transportation

FILE NUMBER 100

ASSEMBLY JOINT RESOLUTION–Urging Congress to continue transportation enhancement projects in the reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991.

Whereas, Congress is currently considering the reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991; and

Whereas, The Intermodal Surface Transportation Efficiency Act of 1991 established a new vision for transportation in the United States by declaring that the national transportation system should be intermodal in character, economically efficient, environmentally sound and socially responsive; and

Whereas, The Intermodal Surface Transportation Efficiency Act of 1991 provides for the funding of transportation enhancement projects, or activities related to transportation that are designed to strengthen the cultural, aesthetic and environmental aspects of the country’s transportation system; and

Whereas, Transportation enhancement projects add community or environmental value to any active or completed transportation project, and include:

1. Facilities for pedestrians and bicycles;

2. The acquisition of scenic easements and scenic or historic sites;

3. Scenic or historic highway programs;

4. Landscaping and other scenic beautification;

5. Historic preservation;

6. The rehabilitation and operation of historic transportation buildings, structures or facilities, including railroad facilities and canals;

7. The preservation of abandoned railway corridors and the conversion of such corridors to other uses;

8. The control and removal of outdoor advertising;

9. Archaeological planning and research; and

10. The mitigation of water pollution resulting from highway runoff; and

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ê1997 Statutes of Nevada, Page 3666 (FILE NUMBER 100, AJR 11)ê

Whereas, Transportation enhancement projects enjoy broad popular support and have benefited the cities and counties of Nevada by improving the quality of life and economic development of those cities and counties; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th Session of the Nevada Legislature urge Congress, in considering reauthorization, to maintain the course set by the Intermodal Surface Transportation Efficiency Act of 1991 through dedicated funding for transportation enhancement projects within the successor to the act; 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 and each member of the Nevada Congressional Delegation; and be it further

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

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FILE NUMBER 101, ACR 47

Assembly Concurrent Resolution No. 47–Assemblymen Dini, Evans, Herrera, Carpenter, Giunchigliani, Bache, Hettrick, Hickey, Freeman, Cegavske, Braunlin, Lee, Gustavson, Sandoval, Mortenson, Collins, Manendo, Koivisto, Close, Ohrenschall, Marvel, Segerblom, Nolan, Amodei, Tiffany, Lambert, Parks, Neighbors, de Braga, Perkins and Price

FILE NUMBER 101

ASSEMBLY CONCURRENT RESOLUTION–Commending the members of the Retired Public Employees of Nevada for their continued public service.

Whereas, The Retired Public Employees of Nevada have represented the concerns of retired public employees of this state since its formation in 1976 with chapters in 12 communities; and

Whereas, The Retired Public Employees of Nevada includes over 6,800 members who have provided outstanding service to school districts, cities, counties, the State of Nevada, the University and Community College System of Nevada and other public entities during their working careers; and

Whereas, Many of these members have remained active after retirement by providing much-needed services as volunteers in their communities; and

Whereas, The Retired Public Employees of Nevada will hold its annual meeting in Reno, from June 18 through June 20, 1997; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the Retired Public Employees of Nevada for their many contributions as volunteers to the residents of the State of Nevada and for their years of dedicated service as public employees working in this state; and be it further

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ê1997 Statutes of Nevada, Page 3667 (FILE NUMBER 101, ACR 47)ê

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to President Don Crosby and President-elect Terry Jones of the Retired Public Employees of Nevada.

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FILE NUMBER 102, SCR 52

Senate Concurrent Resolution No. 52–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 102

SENATE CONCURRENT RESOLUTION–Commending Dean Frank D. Meyers upon his retirement from the University of Nevada, Reno.

Whereas, Dr. Frank Meyers was born in the small town of McClusky, North Dakota, in 1934; and

Whereas, Dr. Meyers earned his Bachelor’s Degree in business and his Master’s Degree in counseling psychology from North Dakota State University, and his Doctorate Degree in counseling psychology from Northern Colorado State University; and

Whereas, Dr. Meyers began his educational career in North Dakota where he was a high school teacher who also served as a guidance counselor for the school district; and

Whereas, After marrying his college sweetheart, Margie Kunz, Dr. Meyers was employed by the University of Nevada, Reno, and served for several productive years on the faculty, and in 1983 he was selected to be the Dean of the College of Education; and

Whereas, Dr. Meyers has demonstrated his concern for the future of the education of our youth by participating in numerous local, state and national educational committees; and

Whereas, Dr. Meyers was a member of the Board of Directors of the Holmes Group, a prestigious national educational reform committee for kindergarten through grade 12; and

Whereas, Dr. Meyers was also a member of the Board of Directors of the American Association of Colleges for Teacher Education, the largest teacher organization in the United States; and

Whereas, During Dr. Meyers’ tenure at the University of Nevada, Reno, the College of Education became the fastest growing college on campus, graduating approximately 400 teachers each year; and

Whereas, Recognizing the need for more teachers in the 21st century, Dr. Meyers personally launched a campaign to fund a new building that will house the College of Education, successfully gaining financial support from the community and state; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend Dr. Frank D. Meyers, Dean of the College of Education at the University of Nevada, Reno, for his many outstanding public achievements and his selfless dedication to the advancement of the goals of education; and be it further

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ê1997 Statutes of Nevada, Page 3668 (FILE NUMBER 102, SCR 52)ê

Resolved, That this Legislature recognizes that Dr. Meyers has exemplified the finest attributes in his leadership ability and is an inspiration to the faculty and students at the University of Nevada, Reno; and be it further

Resolved, That this legislative body extends its best wishes to Dr. Meyers upon his retirement and its gratitude for his many years of devoted public service; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Frank D. Meyers.

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FILE NUMBER 103, ACR 46

Assembly Concurrent Resolution No. 46–Committee on Taxation

FILE NUMBER 103

ASSEMBLY CONCURRENT RESOLUTION–Acknowledging the 782nd anniversary of the Magna Carta.

Whereas, On June 15, 1215, King John of England, after meeting with his barons to discuss their grievances, was compelled to accept the Magna Carta at Runnymede Meadow beside the Thames River, 20 miles southwest of London, to avoid a civil war; and

Whereas, The principles set forth in the Magna Carta are widely recognized as the source of the Anglo-American tradition of law and have had a profound influence on rights and freedoms in Great Britain, the United States and much of the rest of the world; and

Whereas, In 1957, the American Bar Association dedicated the first memorial at Runnymede in recognition of the broad importance of the Magna Carta; and

Whereas, In 1965, Queen Elizabeth dedicated a memorial to President John F. Kennedy on 3 acres of land at Runnymede, which she bestowed upon the people of the United States; and

Whereas, The governments of the United States and the State of Nevada were founded upon the principles of the Magna Carta, the great charter of English and American liberty; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby acknowledges the 782nd anniversary of the Magna Carta this 15th day of June 1997.

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FILE NUMBER 104, SCR 51

Senate Concurrent Resolution No. 51–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 104

SENATE CONCURRENT RESOLUTION–Memorializing Marjorie Guild Russell.

Whereas, The members of the Nevada Legislature note with profound sorrow the passing of Marjorie Guild Russell on March 3, 1997; and

Link to Page 3669