[Rev. 2/6/2019 4:55:33 PM]
κ2003 Statutes of Nevada, Page 3583κ
RESOLUTIONS AND MEMORIALS
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Assembly Concurrent Resolution No. 1Committee on Elections, Procedures, and Ethics
FILE NUMBER 1
Assembly Concurrent RESOLUTION — Adopting the Joint Rules of the Senate and Assembly for the 72nd 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 71st Session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 72nd Session of the Legislature:
CONFERENCE COMMITTEES
Rule No. 1. Procedure Concerning.
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 conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.
κ2003 Statutes of Nevada, Page 3584 (FILE NUMBER 1, ACR 1)κ
MESSAGES
Rule No. 2. 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 in 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 in 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 Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 4. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 5. Joint Sponsorship.
1. A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the chairman of the committee, set forth the name of a standing committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.
2. A bill or resolution introduced by one or more Legislators elected to one House may, at the direction of the Legislator who brings the bill or resolution forward for introduction, set forth the names of one or more Legislators who are members elected to the other House and who wish to be primary joint sponsors or non-primary joint sponsors of the bill or resolution.
κ2003 Statutes of Nevada, Page 3585 (FILE NUMBER 1, ACR 1)κ
The number of primary joint sponsors must not exceed five per bill or resolution. The names of each primary joint sponsor and non-primary joint sponsor must be set forth on the face of the bill or resolution in the following order immediately below the date on which the bill or resolution is introduced:
(a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and
(b) The name of each non-primary joint sponsor, in alphabetical order.
3. The Legislative Counsel shall not cause to be printed the name of a standing committee as a joint sponsor on the face of a bill or resolution unless the chairman of the committee has signed his name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5. The Legislative Counsel shall not cause to be printed the name of a Legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the Legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5.
4. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
5. Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the chairman of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
6. An amendment that proposes to add or remove a primary joint sponsor or non-primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor or non-primary joint sponsor.
PRINTING
Rule No. 6. Ordering and Distribution.
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.
κ2003 Statutes of Nevada, Page 3586 (FILE NUMBER 1, ACR 1)κ
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
Rule No. 7. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these Joint Rules.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(d) Express facts, principles, opinion and purposes of the Senate and Assembly.
(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, Procedures, and Ethics before submission to the Legislative Counsel.
VETOES
Rule No. 8. 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 Governors 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 in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, 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.
κ2003 Statutes of Nevada, Page 3587 (FILE NUMBER 1, ACR 1)κ
question save a motion for The previous question, but the merits of the bill itself may be debated.
ADJOURNMENT
Rule No. 9. Limitations and Calculation of Duration.
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 motion based on mutual consent of the Houses or 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
Rule No. 10. Manner of Authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.
LEGISLATIVE COMMISSION
Rule No. 11. Membership and Organization.
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 Legislators 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.
κ2003 Statutes of Nevada, Page 3588 (FILE NUMBER 1, ACR 1)κ
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.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committee and Director.
1. Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records 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 records;
(b) Make the records available for accessing 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 accessing any of the records and identifying the records accessed; and
(d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.
[REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Responsibility for Measures and Approval of Research Requests.
1. The Committee on Government Affairs of the Senate and the Committee on Elections, Procedures, and Ethics of the Assembly are respectively responsible for measures which primarily affect the designation of the districts from which members are elected to the Legislature. These committees are hereby designated as the redistricting committees for the purposes of this rule and Joint Standing Rules Nos. 13.1, 13.2, 13.3, 13.4, 13.5 and 13.6.
2. 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 redistricting committees.
Rule No. 13.1. Equality of Representation.
1. In order to meet constitutional guidelines for deviations in population among state legislative districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 10 percent, or a relative deviation in excess of plus or minus 5 percent from the ideal district population.
κ2003 Statutes of Nevada, Page 3589 (FILE NUMBER 1, ACR 1)κ
2. The population of each of the Nevada congressional districts must be as nearly equal as is practicable. Any population deviation among the congressional districts from the ideal district population must be necessary to achieve some legitimate state objective. Legitimate state objectives, as judicially determined, include making districts compact, respecting municipal boundaries, preserving the cores of prior districts and avoiding contests between incumbent representatives. In order to meet constitutional guidelines for congressional districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 1 percent, or a relative deviation in excess of plus or minus one-half percent from the ideal district population.
3. Equality of population in accordance with the standard for state legislative districts is the goal of redistricting for the State Board of Education and the Board of Regents.
Rule No. 13.2. Population Database.
1. The total state population, and the population of defined subunits thereof, as determined by the 2000 federal decennial census must be the exclusive database for redistricting by the Nevada Legislature.
2. Such 2000 census data as validated by the staff of the Legislative Counsel Bureau must be the exclusive database used for the evaluation of proposed redistricting plans for population equality.
Rule No. 13.3. Districts.
All district boundaries created by a redistricting plan must follow the census geography.
Rule No. 13.4. Procedures of the Redistricting Committees.
1. A legislator or member of the public may present to the redistricting committees any plans or proposals relating to redistricting, including proposals for redistricting specific districts or all the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education for consideration by the redistricting committees.
2. Bill draft requests, including bills in skeletal form, setting forth specific boundaries of the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education, and amendments affecting a majority of the state legislative districts, may only be requested by the chairmen of the redistricting committees.
3. The chairmen of the redistricting committees are limited to one request each for a bill draft setting forth the specific boundaries of the state legislative districts, one request each for a bill draft setting forth the specific boundaries of the congressional districts, one request each for a bill draft setting forth the specific boundaries of the districts for the Board of Regents and one request each for a bill draft setting forth the specific boundaries of the districts of the State Board of Education. At the direction of the chairman of the redistricting committee, the bill draft requests setting forth the specific boundaries of the state legislative districts, the congressional districts, districts for the Board of Regents and districts for the State Board of Education may be combined in any manner.
Rule No. 13.5. Compliance with the Voting Rights Act.
1. The redistricting committees will not consider a plan that discernibly violates section 2 of the Voting Rights Act, codified as 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizens right to vote on account of race, color or status as a member of a language minority group.
κ2003 Statutes of Nevada, Page 3590 (FILE NUMBER 1, ACR 1)κ
States citizens right to vote on account of race, color or status as a member of a language minority group.
2. The redistricting committees will not consider a plan in which the Legislature subordinates traditional districting principles to racial considerations and makes race the dominant and controlling rationale in drawing district lines. For the purposes of this subsection, traditional districting principles are those traditional redistricting principles that have been judicially recognized and include compactness of districts, contiguity of districts, preservation of political subdivisions, preservation of communities of interest, preservation of cores of prior districts, protection of incumbents and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973 (2).
3. For the purpose of analyzing the 2000 census data, the redistricting committees shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that will be reported to Nevada by the United States Census Bureau as part of the federal decennial census.
Rule No. 13.6. Public Participation.
1. The redistricting committees shall seek and encourage:
(a) Public participation in all aspects of the reapportionment and redistricting activities; and
(b) The widest range of public input into the deliberations relating to those activities.
2. Notices of all meetings of the redistricting committees must be transmitted to any member of the public who so requests, without charge.
3. All interested persons are encouraged to appear before the redistricting committees and to provide their input regarding the reapportionment and redistricting activities. The redistricting committees shall afford a reasonable opportunity to any interested persons to present plans, or amendments to plans for redistricting, unless such plans demonstrably fail to meet the minimally acceptable criteria set forth in this rule and Joint Standing Rules Nos. 13, 13.1, 13.2, 13.3, 13.4 and 13.5.
4. Each of the redistricting committees, either jointly or separately, shall hold at least one hearing in the southern portion of this state and at least one hearing in a rural portion of this state to allow residents throughout the state an opportunity to participate in the deliberations relating to the reapportionment and redistricting activities.
5. The Legislative Counsel Bureau shall make available to the public copies of the validated 2000 census database for the cost of reproducing the database.
6. The redistricting committees shall make available for review by the public, copies of all maps prepared at the direction of the committees.]
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.
1. Except as otherwise provided in subsection 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m.
κ2003 Statutes of Nevada, Page 3591 (FILE NUMBER 1, ACR 1)κ
convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 8th calendar day of the legislative session, not more than:
(a) Two requests from each Assemblyman; and
(b) Four requests from each Senator,
for the drafting of a bill or resolution.
2. Except as otherwise provided in subsections 4 and 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 22nd calendar day of the legislative session, not more than 50 requests, in total, from the standing committees of each House for the drafting of a bill. The Majority Leader of the Senate and the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill that may be submitted by each standing committee of their respective Houses, within the limit provided by this subsection. The lists may be revised any time before the 22nd day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.
3. A request for the drafting of a bill or resolution that is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
4. 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.
5. The Legislative Counsel shall not honor a request for the drafting of a bill or resolution submitted by a member or standing committee of the Senate or Assembly unless such information as is required to draft the measure is submitted to the Legislative Counsel with the request.
6. A measure introduced by a standing committee at the request of a Legislator or organization must indicate the Legislator or organization at whose request the measure was drafted.
7. 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 requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills requested by or on behalf of a standing committee must be introduced by that committee.
8. Resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
9. 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.
10. A Legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
κ2003 Statutes of Nevada, Page 3592 (FILE NUMBER 1, ACR 1)κ
Rule No. 14.2. Limitations on Time for Introduction of Legislation.
1. Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
(a) Unless the provisions of paragraph (b) or (c) are applicable, a bill may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory copy of the bill; or
(2) The last day for introduction of the bill as required by paragraph (d),
whichever is earlier.
(b) If a bill requires revision after the introductory copy has been delivered, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 10th calendar day following delivery of the introductory copy of the bill. The revised bill may only be introduced on or before:
(1) The 15th calendar day following delivery of the original introductory copy of the bill; or
(2) The last day for introduction of the bill as required by paragraph (d),
whichever is earlier.
(c) If the bill requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill. A bill revised pursuant to this subsection may only be introduced on or before:
(1) The 20th calendar day following delivery of the original introductory copy of the bill; or
(2) The last day for introduction of the bill as required by paragraph (d),
whichever is earlier.
(d) Except as otherwise provided in subsection 3, the last day for introduction of a bill that was requested by:
(1) A Legislator is the 43rd calendar day of the legislative session.
(2) A standing or interim committee or other requester is the 50th calendar day of the legislative session.
2. The Legislative Counsel shall indicate on the face of the introductory copy of each bill the final date on which the bill may be introduced.
3. If the final date on which the bill may be introduced falls upon a day on which the House in which the bill is to be introduced is not in session, the bill may be introduced on the next day that the House is in session.
SCHEDULE FOR ENACTMENT OF BILLS
Rule No. 14.3. Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.
Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
1. The final standing committee to which a bill is referred in its House of origin may only take action on the bill on or before the [71st] 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No.
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Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.
2. Final action on a bill may only be taken by the House of origin on or before the [82nd] 79th calendar day of the legislative session.
3. The final standing committee to which a bill is referred in the second House may only take action on the bill on or before the [106th] 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.
4. Final action on a bill may only be taken by the second House on or before the [113th] 110th calendar day of the legislative session.
No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed.
Rule No. 14.4. Emergency Requests.
1. After a legislative session has convened:
(a) The Majority Leader of the Senate and the Speaker of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than five requests for the drafting of a bill or resolution.
(b) The Minority Leader of the Senate and the Minority Leader of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than two requests for the drafting of a bill or resolution.
2. A request submitted pursuant to subsection 1:
(a) May be submitted at any time during the legislative session and is not subject to any of the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3.
(b) Is in addition to, and not in lieu of, any other requests for the drafting of a bill or resolution that are authorized to be submitted to the Legislative Counsel by the Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate or Minority Leader of the Assembly.
3. The list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475 must include the phrase EMERGENCY REQUEST OF and state the title of the person who requested each bill or resolution pursuant to this Rule. If the request was made on behalf of another Legislator or a standing committee, the list must also include the name of the Legislator or standing committee on whose behalf the bill or resolution was requested.
4. The Legislative Counsel shall cause to be printed on the face of the introductory copy of all reprints of each bill or resolution requested pursuant to this Rule the phrase EMERGENCY REQUEST OF and state the title of the person who requested the bill or resolution.
Rule No. 14.5. Waivers.
1. At the request of a Legislator or a standing or select committee of the Senate or Assembly , subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.
κ2003 Statutes of Nevada, Page 3594 (FILE NUMBER 1, ACR 1)κ
appointed to the committee before the request is submitted to the Majority Leader and the Speaker.
2. A waiver granted pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the Legislator or committee on whose behalf the waiver is being granted.
(d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill or resolution.
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.
3. The Legislative Counsel shall not honor a request for the drafting of a new bill or resolution for which a waiver is granted pursuant to this Rule unless such information as is required to draft the bill or resolution is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.
4. Upon the receipt of a written waiver granted pursuant to this Rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the Journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill or resolution must be included as a part of the history of the bill or resolution after introduction.
5. The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill or resolution.
6. No notice of reconsideration or any final vote on a bill is in order on the last day on which final action is allowed by a waiver.
Rule No. 14.6. Exemptions.
1. Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which:
(a) Contains an appropriation; or
(b) Has been determined by the Fiscal Analysis Division to:
(1) Authorize the expenditure by a state agency of sums not appropriated from the State General Fund or the State Highway Fund;
(2) Create or increase any significant fiscal liability of the State;
(3) Implement a budget decision; or
(4) Significantly decrease any revenue of the State,
is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term exempt for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt after it is printed. A notation of each exemption granted after the bill was printed must be included as a part of the history of the bill on the next practicable legislative day.
κ2003 Statutes of Nevada, Page 3595 (FILE NUMBER 1, ACR 1)κ
practicable legislative day. The term exempt must be printed on the face of all subsequent reprints of the bill.
2. Unless exempt pursuant to paragraph (a) of subsection 1, all of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until it is determined to be exempt pursuant to subsection 1. A bill determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.
3. A cumulative list of all bills determined by the Fiscal Analysis Division pursuant to subsection 1 to be exempt after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.
4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:
(a) A bill required to carry out the business of the Legislature.
(b) A bill returned from enrollment for a technical correction.
(c) A bill that was previously enrolled but, upon request of the Legislature, has been returned from the Governor for further consideration.
Rule No. 14.7. Amendments.
1. The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.
2. For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.
3. This Rule must be narrowly construed to carry out the purposes for which it was adopted which is to ensure the effectiveness of the limitations set forth in Joint Standing Rules Nos. 14, 14.2 and 14.3.
CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS
Rule No. 15. Tenure and Performance of Statutory Duties.
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 Floor Leader and Minority Floor 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 Floor Leader and Minority Floor 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.
κ2003 Statutes of Nevada, Page 3596 (FILE NUMBER 1, ACR 1)κ
between the time of their designation after the general election and the organization of the next succeeding regular session.
INTRODUCTION OF LEGISLATION REQUESTED BY STATE OR LOCAL GOVERNMENT
Rule No. 16. Delivery of Bill Drafts Requested by State Agencies and Local Governments.
1. Except as otherwise provided in subsection 2, on [the first] or before the third 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.
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] third 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.
DATE OF FIRST JOINT BUDGET HEARING
Rule No. 17. Requirement.
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 89th calendar day of the regular session.
CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR CERTAIN TREATMENT OR SERVICES
Rule No. 18. Topics of Consideration.
Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this state to provide coverage for any treatment or service shall review the bill giving consideration to:
1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this state;
2. The extent to which coverage for the treatment or service is currently available;
3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;
4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this state;
5. The effect the required coverage will have on the cost of health care provided in this state; and
6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.
κ2003 Statutes of Nevada, Page 3597 (FILE NUMBER 1, ACR 1)κ
INTERIM FINDINGS AND RECOMMENDATIONS OF LEGISLATIVE COMMITTEES
Rule No. 19. Date for Reporting.
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
Rule No. 20. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all Legislators and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, 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 when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a persons employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each person subject to these Rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
(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 persons 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 Legislature or 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 persons 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 persons work performance or creating an intimidating, hostile or offensive working environment.
κ2003 Statutes of Nevada, Page 3598 (FILE NUMBER 1, ACR 1)κ
affecting the person or such conduct has the purpose or effect of unreasonably interfering with a persons work performance or creating an intimidating, hostile or offensive working environment.
4. 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 persons ability to work or his emotional well-being at work constitutes sexual harassment.
5. If a Legislator believes he is being sexually harassed on the job, he may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate; 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.
6. Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of Legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.
7. 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, Procedures, and Ethics 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.
8. 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.
9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.
10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the persons supervisors or coworkers.
11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.
12. 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.
κ2003 Statutes of Nevada, Page 3599 (FILE NUMBER 1, ACR 1)κ
with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.
13. All Legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, Legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable legal rights in any person.
VOTE ON GENERAL APPROPRIATION BILL
Rule No. 21. Waiting Period Between Introduction and Final Passage.
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
Rule No. 22. Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.
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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Assembly Resolution No. 1Committee on Elections, Procedures, and Ethics
FILE NUMBER 2
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 72nd Session of the Legislature of the State of Nevada: Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Harle Glover, Jason Hataway, Terry Sullivan, Robin Bates, Heidi Hansen, Meghan Jenkins, Beverly Mobley, Andrea Touyarot, Lucas Watson, Jeanne Douglass, Nanita Moore, Kathryn Alden, Lona Domenici-Reese, Julie Whitacre, Linda Corbett, Barbara Houger, Nenita Wasserman, Valorie Belknap, Kathryn Oetting, JoAnn Kula, Jerlyn Figearo, Alan Mills, Anne Williams, Novella Kowallek, Yvonne Murphy, Eric Anderlohr, Reba Coombs, Nykki Kinsley, Cecile Crofoot, Marge Griffin, Joyce Hess, Sheila Sease, Jasmine Shackley, Jackie L. Valley, Connie Davis, Anne Bowen, Catherine Caldwell, Susan Cherpeski, Lila Clark, Linda Smith, Carol J. Thomsen, Cindy Clampitt, Patricia Hughey, Deborah Rengler, June Rigsby, Erin Channell, Kelly Fisher, William Fowler, Theresa Horgan, Victoria Thompson, JoAnn Aldrich, Patricia Blackburn, Sabina Bye, Nancy Elder, Corey Fox, Mary G. Garcia, Sharee Gebhardt, Nancy Haywood, Carrie Lee, Rosemary Zienter, Mary Bean, Toni Bouas, Marylou Burks, Jeanette Connolly, Celeste Gunther, Donna Hancock, Mary Kay Hines-Doherty, Tod Jennings, Millicent Jorgenson, Merla Keetch, Michelle Kennedy, Yhvona Martin, Carolyn J.
κ2003 Statutes of Nevada, Page 3600 (FILE NUMBER 2, AR 1)κ
Sharee Gebhardt, Nancy Haywood, Carrie Lee, Rosemary Zienter, Mary Bean, Toni Bouas, Marylou Burks, Jeanette Connolly, Celeste Gunther, Donna Hancock, Mary Kay Hines-Doherty, Tod Jennings, Millicent Jorgenson, Merla Keetch, Michelle Kennedy, Yhvona Martin, Carolyn J. Maynick, Toshiko McIntosh, Shawn Morgan, Linda Lee Nary, Ellen Nelson, Linda Paul, Helen Poupeney, Jerry Stacy, Claudette J. Thompson, Barbara Urbani, Loretta White, Maxine Milabar, Stephanie Elliott, Betty Gardner, Bruce Pfeiffer, June Bennett, Eddie Cordisco, Jr., Mary Carel, Jennifer Anzalone, Ken Beaton, Norm Budden, Myron Carpenter, Brandi Colunga, James C. Corbett, John Davis, Jr., Joyce E. Ghiselli, Don Hataway, Juanita Heston, Stephen Honey, Laverne LaFleur, Lois LaHair, Ray Mager, Bob Maynick, Reid Meyer, Jesse N. Pickett, Elizabeth Tetz, Frank Tetz and W. Wayne Willson.
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Assembly Resolution No. 2Committee on Elections, Procedures, and Ethics
FILE NUMBER 3
Assembly RESOLUTION — Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker, Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chairman of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the Speaker and the Chief Clerk to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Assembly Resolution No. 3Committee on Elections, Procedures, and Ethics
FILE NUMBER 4
Assembly RESOLUTION — Adopting the Standing Rules of the Assembly for the 72nd Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 71st Session are adopted, with the following changes, as the Standing Rules of the Assembly for the 72nd Session of the Legislature:
κ2003 Statutes of Nevada, Page 3601 (FILE NUMBER 4, AR 3)κ
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speakers supervision.
2. Possessing the powers and performing the duties described in this Rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. 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 members right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speakers place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the Chair, but such substitution must 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 news media 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.
(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 Speaker shall not be required to vote in ordinary legislative proceedings except where the Speakers vote would be decisive. In all yea and nay votes, the Speakers name must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
Rule No. 2. Reserved.
Rule No. 3. Reserved.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
κ2003 Statutes of Nevada, Page 3602 (FILE NUMBER 4, AR 3)κ
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.
Rule No. 11. Open Meetings.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. Reserved.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the 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.
Rule No. 21. Portable electronic communication devices.
1. A person who is within the Assembly Chambers or within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers [,] or an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call , shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers [.] or within an Assembly committee room.
Rule No. 22. Reserved.
Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Two qualified electors of the State chosen by the members of the Committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.
2. The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the Committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the Committee during the consideration of a specific question.
κ2003 Statutes of Nevada, Page 3603 (FILE NUMBER 4, AR 3)κ
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
(c) Discloses the content of an advisory opinion issued to him by the Committee.
5. A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the Chairman. 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 publics confidence in the integrity of the Legislature;
(c) His participation is likely to have any significant effect on the disposition of the measure; and
(d) His interest is greater than the interests of an entire class of persons similarly situated.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
κ2003 Statutes of Nevada, Page 3604 (FILE NUMBER 4, AR 3)κ
3. When taking the yeas and nays 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 yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speakers name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member who:
(a) Has been certified by the Committee on Elections, Procedures, and Ethics or special committee of the Assembly; and
(b) Is physically present within the Assembly Chambers,
may cast a vote in the Assembly.
8. 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.
Rule No. 31. Reserved.
Rule No. 32. 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.
Rule No. 33. 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.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, fourteen members.
2. Judiciary, [fourteen] fifteen members.
3. Taxation, twelve members.
4. Education, twelve members.
5. Elections, Procedures, and Ethics, [twelve] ten members.
6. Natural Resources, Agriculture, and Mining, twelve members.
7. Transportation, twelve members.
8. Commerce and Labor, fourteen members.
9. Health and Human Services, [twelve] ten members.
10. Government Affairs, [fourteen] thirteen members.
11. Constitutional Amendments, [eight] five members.
Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.
κ2003 Statutes of Nevada, Page 3605 (FILE NUMBER 4, AR 3)κ
2. To facilitate the full participation of the members during an adjournment called pursuant to NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
Rule No. 42. 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 limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.
3. Definite action on a bill or resolution will require a majority of the entire committee.
4. A two-thirds majority of the entire 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 entire committee and does not imply commitment to support final passage.
6. The chairman shall vote on all final action regarding bills or resolutions.
7. No member of the committee may vote by proxy under any circumstances.
8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.
Rule No. 44. Committee on Elections, Procedures, and Ethics.
The Committee on Elections, Procedures, and Ethics has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attachιs and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attachι 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.
Rule No. 45. Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, 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. 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.
κ2003 Statutes of Nevada, Page 3606 (FILE NUMBER 4, AR 3)κ
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 Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the 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 Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. [The] If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
Rule No. 46. Committee Action on Reports.
Committee reports must 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 must be recorded. The vote may be taken by roll call at the discretion of the chairman.
Rule No. 47. Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
Rule No. 48. Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.
Rule No. 49. Committee Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented.
κ2003 Statutes of Nevada, Page 3607 (FILE NUMBER 4, AR 3)κ
or other organizations represented. Committee members may address the chairman for permission to question the witness.
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. 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.
VI. RULES GOVERNING MOTIONS
Rule No. 60. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. [If desired by the presiding officer or any member, the motion must] The presiding officer, upon his own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Rule No. 61. Reserved.
Rule No. 62. Reserved.
Particular Motions
Rule No. 63. Reserved.
Rule No. 64. Reserved.
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does 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.
Rule No. 67. 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. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. 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 business of Motions, Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting.
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passing the order of business of Motions, Resolutions and Notices, 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:
1. Last day on which final action is allowed; or
2. Day preceding the last day of the session.
The next rule is 80.
VII. DEBATE
Rule No. 80. 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.
Rule No. 81. 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.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 90. Masons Manual.
The rules of parliamentary practice contained in Masons 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.
Rule No. 91. Rescission, Change or 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 days 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.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the Daily History and be made available to the news media. 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.
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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.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.
Rule No. 95. Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblymans 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.
Rule No. 96. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 97. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speakers 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.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 99. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada.
2. The Statutes of the State of Nevada.
3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
4. Masons Manual of Legislative Procedure.
Rule No. 101. Reserved.
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Rule No. 102. Privileged Questions.
Privileged questions 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.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 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.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized 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 a 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.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 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.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must 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 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 must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must 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 a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.
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General File must 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.
Rule No. 111. Consent Calendar.
1. 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.
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. 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 requests the removal of a particular bill from the Consent Calendar. If a member so requests, 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.
4. During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.
5. 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.
Rule No. 112. Reserved.
Rule No. 113. General File.
All bills reported to the Assembly, by either standing or special committees, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must 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 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. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
Rule No. 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 must be given on the day on which the final vote was taken by a member voting with the prevailing party. It is not in order for any member to move a reconsideration on the day on which the final vote was taken, except by unanimous consent. There may 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.
Rule No. 116. Vetoed Bills.
Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governors disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order.
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disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may 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 may be put by the Speaker is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such a vetoed bill 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. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in 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.
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills — Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills [. However, joint] , except that:
1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and
2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Reserved.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
κ2003 Statutes of Nevada, Page 3613 (FILE NUMBER 4, AR 3)κ
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
Rule No. 121. Reserved.
Rule No. 122. Renumbered as Rule No. 102 and reserved for future use.
Rule No. 123. Renumbered as Rule No. 82 and reserved for future use.
Rule No. 124. Reserved.
Rule No. 125. Reserved.
Rule No. 126. Renumbered as Rule No. 116 and reserved for future use.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Rule No. 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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Senate Concurrent Resolution No. 1Senators OConnell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Beers, Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 5
Senate Concurrent RESOLUTION — Commemorating the induction of Senator William J. Raggio into the Chapel of Four Chaplains and the inscription of his name on the Legion of Honor Wall.
Whereas, Through the Legion of Honor Award Program, the Chapel of Four Chaplains recognizes and encourages selfless service rendered without regard to race, religion or creed by individuals from all walks of life to their communities, the nation and humanity; and
Whereas, The inspiration for the Chapel of Four Chaplains and its mission comes from the courageous acts of the four Army chaplains who were serving aboard the U.S.A.T. Dorchester when it was hit by an enemy torpedo and sank in the North Atlantic on February 3, 1943; and
κ2003 Statutes of Nevada, Page 3614 (FILE NUMBER 5, SCR 1)κ
were serving aboard the U.S.A.T. Dorchester when it was hit by an enemy torpedo and sank in the North Atlantic on February 3, 1943; and
Whereas, The story of the four chaplains begins on the evening of February 2, 1943, when the U.S.A.T. Dorchester, crowded to capacity, was moving across the frigid waters from Newfoundland toward an American base in Greenland; and
Whereas, Just after midnight, with the U.S.A.T. Dorchester only 150 miles from its destination, an enemy submarine fired a torpedo that exploded in the boiler room, destroying the electric supply and releasing suffocating clouds of steam and ammonia gas; and
Whereas, Taking on water rapidly, the ship began listing to starboard and men clung to the frozen rails, frozen with fear, unable to let go and plunge into the dark, churning water far below; and
Whereas, The testimony of survivors tells us that the sole order and only fragment of hope in this chaos came from four chaplains, Lieutenant George L. Fox, Methodist, Lieutenant Alexander D. Goode, Jewish, Lieutenant John P. Washington, Roman Catholic, and Lieutenant Clark V. Poling, Dutch Reformed, who quickly and quietly spread out among the men, tending the wounded, calming the frightened and guiding the disoriented toward safety; and
Whereas, One witness found himself floating in oil-smeared water, surrounded by dead bodies and debris, and said that he could hear men crying, pleading and praying and that the only thing which kept him going was the voices of the chaplains, preaching courage, offering prayers for the dying and encouragement for those who were trying to survive; and
Whereas, The Arctic air was freezing, leading Rabbi Goode to offer what he said was an extra pair of gloves to Petty Officer John J. Mahoney, who only later realized that the Rabbi had decided not to leave the ship and so had offered his only pair of gloves; and
Whereas, Topside the chaplains were distributing life jackets from a storage locker, and when there were none left to distribute, to the astonishment of the men, the chaplains removed their lifejackets and gave them to four frightened young men; and
Whereas, Rabbi Goode did not call out for a Jew, Father Washington did not call out for a Catholic, nor did the Reverends Fox and Poling call out for a Protestant, they simply gave their life jackets to the next man in line, showing true altruism and spirituality; and
Whereas, As the ship went down, the survivors in nearby rafts could see the four chaplains, arms linked and braced against the slanting deck as the ship went down, their voices still offering prayers for the salvation of the men they served; and
Whereas, Through the powers vested in Ed Gobel, Southwestern States Regional Director, and his Regional Board of Directors, Linda West Myers, Caryl Gobel and Dr. Alan Myers, and with the blessing of Reverend Marvin Gant, State Chaplain, on the 60th Anniversary of these heroic acts, United States Senator Max Cleland and Nevada Senator William J. Raggio were honored by being inducted into the Chapel of Four Chaplains and having their names inscribed in the Legion of Honor Wall in the Chapel at Valley Forge, Pennsylvania; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby recognizes the spirit of the four chaplains in Senator William J. Raggio for having devoted his life to helping others through service to his country in the United States Marine Corps, his work on behalf of the principles of all religions as evidenced by his recognition by the National Conference of Christians and Jews, his work to eliminate discrimination as evidenced by the Torch of Liberty Award from the Anti-Defamation League and the virtual plethora of legislation passed during his 30 years in the Senate; and be it further
κ2003 Statutes of Nevada, Page 3615 (FILE NUMBER 5, SCR 1)κ
helping others through service to his country in the United States Marine Corps, his work on behalf of the principles of all religions as evidenced by his recognition by the National Conference of Christians and Jews, his work to eliminate discrimination as evidenced by the Torch of Liberty Award from the Anti-Defamation League and the virtual plethora of legislation passed during his 30 years in the Senate; and be it further
Resolved, That this Legislature heartily commends Senator William J. Raggio on the auspicious occasion of his induction into the Chapel of the Four Chaplains and congratulates him on becoming the fifth Nevadan to be so inducted; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Senator William J. Raggio.
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Senate Resolution No. 1Senators Raggio and Titus
FILE NUMBER 6
Senate RESOLUTION — Adopting the Standing Rules of the Senate for the 72nd Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 71st Session are adopted, with the following changes, as the Standing Rules of the Senate for the 72nd Session of the Legislature:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. 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.
Rule No. 2. 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 Presidents 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.
κ2003 Statutes of Nevada, Page 3616 (FILE NUMBER 6, SR 1)κ
Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.
Rule No. 3. 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.
(c) Administer the daily business of the Senate, including the provision of secretaries to its committees.
(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 Leader.
Rule No. 4. 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 Senates 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 Leader.
Rule No. 5. Assistant Sergeant at Arms.
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.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The President shall call the Senate to order each day of sitting at 11:00 oclock a.m., unless the Senate has adjourned to some other hour.
Rule No. 11. 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.
Rule No. 12. 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.
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Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees 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.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, That he be allowed to proceed in order, and the Senator shall confine himself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, Shall the decision of the Chair stand as the judgment of the Senate?
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may 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.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Recorded Vote — Three Required to Call For.
1. 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. 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.
2. The votes and names of those absent or recorded as not voting and the names of Senators demanding the recorded vote must be entered in the Journal.
Rule No. 31. 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.
κ2003 Statutes of Nevada, Page 3618 (FILE NUMBER 6, SR 1)κ
Rule No. 32. Manner of Election — Voting.
1. In all cases of election by the Senate, the vote must 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.
2. When a recorded vote is taken, no Senator may:
(a) Vote except when at his seat;
(b) Vote upon any question in which he is in any way personally or directly interested;
(c) Explain his vote or discuss the question while the voting is in progress; or
(d) Change his vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. 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 118B, 461, 461A, 489, [703-704A] 701-704B 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, 407 and 720 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 1-9, 11-16, and 41 and chapters 111-118A , [and] 119-120A and 719 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-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission [,] of Nevada, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.
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581, 582 and 586-590 of NRS, the Colorado River Commission [,] of Nevada, 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] 480-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.
2. The Chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
Rule No. 41. Reserved.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.
Rule No. 43. 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.
Rule No. 44. Committee on Legislative Affairs and Operations.
The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachιs and employees of the Senate not otherwise provided for by law. It may suspend any attachι 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.
Rule No. 45. Reserved.
Rule No. 46. 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.
Rule No. 47. 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.
κ2003 Statutes of Nevada, Page 3620 (FILE NUMBER 6, SR 1)κ
which case the President will resume the chair, receive the message, and vacate the chair in favor of the Chairman of the Committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the Committee rise shall always be in order, and shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one days notice of the motion therefor.
2. No such motion is in order:
(a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on the day preceding the last day of the session.
3. This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.
Rule No. 51. Reserved.
Rule No. 52. Reserved.
Rule No. 53. 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, Masons Manual of Legislative Procedure 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.
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 Senate Standing Rule No. 13.
κ2003 Statutes of Nevada, Page 3621 (FILE NUMBER 6, SR 1)κ
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.
10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.
15. All committee minutes are open to public inspection upon request and during normal business hours.
Rule No. 54. 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 committees jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 60. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 61. 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.
κ2003 Statutes of Nevada, Page 3622 (FILE NUMBER 6, SR 1)κ
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
The first four shall be decided without debate.
Rule No. 62. When Not Entertained.
1. When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.
2. When a question has been postponed indefinitely, it must not again be introduced during the session unless this rule is suspended by a two-thirds vote.
3. There must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 63. 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 in the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 65. Reserved.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to commit or amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.
Rule No. 67. Division of Question.
1. Any Senator may call for a division of a question.
2. A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.
3. A motion to strike out and insert must not be divided.
Rule No. 68. To Reconsider — Precedence of.
1. A motion to reconsider has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.
2. No notice of reconsideration of any final vote is in order on the day preceding the last day of the session.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.
κ2003 Statutes of Nevada, Page 3623 (FILE NUMBER 6, SR 1)κ
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. Every Senator who speaks shall, standing in his place, address Mr. or Madam President, in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.
2. No Senator may speak:
(a) More than twice during the consideration of any one question on the same day, except for explanation.
(b) A second time without leave when others who have not spoken desire the floor.
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 81. 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.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Generally
Rule No. 90. Masons Manual.
The rules of parliamentary practice contained in Masons 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.
Rule No. 91. 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 days 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.
Rule No. 92. 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.
κ2003 Statutes of Nevada, Page 3624 (FILE NUMBER 6, SR 1)κ
This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.
Rule No. 93. Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.
Rule No. 94. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Attachιs and employees of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
4. The Senate Chamber may not be used for any business other than legislative business during a legislative session.
Rule No. 95. Material Placed on Legislators Desks.
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senators desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.
2. This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
Rule No. 97. 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.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 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.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills
Rule No. 104. Reserved.
κ2003 Statutes of Nevada, Page 3625 (FILE NUMBER 6, SR 1)κ
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced 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 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.
Rule No. 107. Information Concerning Bills.
1. 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:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chairman of a committee introducing the bill.
2. 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.
3. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
1. Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.
2. The first reading of a bill is for information, and if there is opposition to the bill, the question must be, Shall this bill be rejected? If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.
3. No bill may be committed until once read, nor amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 110. Second Reading File — Consent Calendar.
1. All bills or joint resolutions reported by committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.
2. A committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:
(a) An amendment of the bill or joint resolution is recommended;
(b) It contains an appropriation;
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill or joint resolution recommended for placement on the Consent Calendar must be included in the Daily File listed in the Daily History of the Senate at least 1 calendar day before it may be considered.
4. A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
κ2003 Statutes of Nevada, Page 3626 (FILE NUMBER 6, SR 1)κ
5. When the Consent Calendar is called, 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.
Rule No. 111. Printing.
[Eleven hundred] An appropriate number of copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.
Rule No. 112. Reserved.
Rule No. 113. Reading of Bills — General File.
1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be [placed on] ordered to the General File. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and [placed on] ordered to the General File. The File must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.
2. 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 must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and engrossed or reengrossed.
3. [Unless otherwise ordered by the Senate, eleven hundred] An appropriate number of copies of all amended bills must be printed.
Rule No. 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.
Rule No. 115. Reconsideration of Vote on Bill.
1. On the day after the final vote on any bill, the vote may be reconsidered on motion of any member if notice of intention to move for reconsideration was given on the day the final vote was taken by a Senator who voted on the prevailing side. No motion to reconsider is in order on the day the final vote was taken, except by unanimous consent.
2. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.
Rule No. 116. Reserved.
Rule No. 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
Rule No. 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.
κ2003 Statutes of Nevada, Page 3627 (FILE NUMBER 6, SR 1)κ
resolution proposing an amendment to the Constitution shall be entered in the Journal in its entirety.
Rule No. 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.
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer and Pledge of Allegiance to the Flag.
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.
Rule No. 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.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 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.
Rule No. 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.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
Rule No. 129. Reserved.
D. Contests of Elections
Rule No. 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:
κ2003 Statutes of Nevada, Page 3628 (FILE NUMBER 6, SR 1)κ
(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.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS
Rule No. 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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Senate Resolution No. 2Senators Raggio and Titus
FILE NUMBER 7
SENATE RESOLUTION — Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President Pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chairman of each standing committee of the Senate for postage, telephone tolls and other charges for communications is $900; and be it further
κ2003 Statutes of Nevada, Page 3629 (FILE NUMBER 7, SR 2)κ
the Senate, and the chairman of each standing committee of the Senate for postage, telephone tolls and other charges for communications is $900; and be it further
Resolved, That these amounts be certified by the President and the Secretary to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 3Senators Raggio and Titus
FILE NUMBER 8
Senate RESOLUTION — Providing for the appointment of Senate attaches.
Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 72nd Session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Gerry Selover, Rebecca M. Harris, Jane Gill, Ruth B. Pierini, Charles P. Welsh, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus, Shirley Hammon, Betty Christenson, Joan Thran, Lydia Lee, Dorothy Souza, Linda Chapman, Billie Brinkman, Cassandra Jones, Dana Goettsch, Stella Blood, Jeanne Baret, JoAnn Wessel, Lela Uptergrove, Laura Adler, Michael Archer, Sandy Arraiz, Sheri Asay, Lydia Ball, Ann Bednarski, Ricka Benum, Joseph Bozsik, Pamela Carter, Cwendolyn Chapman, Cynthia Cook, Judith E. Coolbaugh, Denise Davis, Tara DeWeese, Rebecca Dobert, Johanna A. Downey, James D. Earl, Maryann Elorreaga, Donna Esposito, Jo Greenslate, Susan E. Hult, Judy Jacobs, Ardyss Johns, Lee-Ann Keever, Maudie Long, Gayle Maynard, Barbara Moss, Silvia Motta, Katherine Nash, Lora Nay, Alice Nevin, Olivia Lodato, Lyndl Payne, Gina Rasner, Sherry Rodriguez, Marion Sandoval, Paula Saponaro, Mary Savarese, Mavis Scarff, Makita Schichtel, Beth Schwartz, Judith Toscano, Fred Uptergrove, Patricia Vardakis, Julie Walker, Johnnie Willis, Norman Wessel, Sharon Carter, John Clendening, Gail Herstead, Lissa Stevens, Carolyn Wood, Rayna Wortman, Emory Lee Crews, Mary Thompson, Janet Meredith, Patty Woodworth, Ed Cordisco, Alyce King, Don Payne, John Perondi, Joe Pieretti, Marlene Staub, Lori Whatley, Fred White and Matt McAlman.
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κ2003 Statutes of Nevada, Page 3630κ
Senate Concurrent Resolution No. 2Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Knecht, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 9
Senate Concurrent RESOLUTION — Recognizing February 6, 2003, as Ronald Reagan Day.
Whereas, Former President Ronald Wilson Reagan, a man of humble background, worked throughout his life to preserve freedom and advance the public good, having been employed as an entertainer, a Union leader, a corporate spokesman, the Governor of California and the President of the United States; and
Whereas, Ronald Reagan served with honor and distinction for two terms as the 40th President of the United States; and
Whereas, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and
Whereas, During his second election, Ronald Reagan earned the confidence of three-fifths of the electorate and was victorious in 49 of the 50 states in the general election, a record unsurpassed in the history of American presidential elections; and
Whereas, During Ronald Reagans presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and
Whereas, Ronald Reagans commitment to Americas Armed Forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared the Armed Forces of the United States to win the Gulf War; and
Whereas, Former President Reagans vision of peace through strength led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and
Whereas, After two terms in office, Ronald Reagans innovative and challenging program known as the Reagan Revolution, which focused on reinvigorating the American people and reducing their reliance upon government, was considered a complete success; and
Whereas, Today, February 6, 2003, Ronald Wilson Reagan will have reached the age of 92 years; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby join the nation in recognizing this day, February 6, 2003, as Ronald Reagan Day in honor of a man who dedicated his life to the service of our country; and be it further
κ2003 Statutes of Nevada, Page 3631 (FILE NUMBER 9, SCR 2)κ
honor of a man who dedicated his life to the service of our country; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nancy Reagan, Ronald Reagans loving and devoted wife of 50 years.
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Assembly Concurrent Resolution No. 2Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Rawson, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 10
Assembly Concurrent RESOLUTION — Memorializing the victims of the events of September 11, 2001.
Whereas, On September 11, 2001, terror struck the heart of America, but that terror found no resting place in the hearts of Americans who, in the moments and days following the first realization that our country had been attacked, countered with courage and an outpouring of love and compassion that evidence the best of our great Nation; and
Whereas, We will not forget the shocking events of that Tuesday morning in September 2001, and we will not forget the stories of heroism and determination that unfolded in New York City, at the Pentagon and in the skies over Pennsylvania as ordinary people faced the most frightening circumstances one could possibly imagine and met the challenge by risking their own lives in heroic attempts to help others; and
Whereas, By their examples, we have learned from these heroes how to respond to evil with good, and to respond to terror with love, and in remembering their selflessness, we are given the strength to continue to reach out to the people we meet each day with kindness and respect; and
Whereas, We, as Americans, have been blessed with democracy and freedom, and endowed with the gift to do good, and the responsibility to do no less; and
Whereas, From the Civil War to the Great Depression to World War II, American life has always been about facing challenges and rising up together to set a shining example of a society based on equality, freedom and tolerance; and
Whereas, As we struggle with the loss of so many lives, 2,801 at the destruction of the World Trade Center Towers, 184 at the attack on the Pentagon, and the 40 passengers and crew members of United Airlines Flight 93, each with a face and a name, and families and friends who loved them, we also recognize our own mortality and take the opportunities presented each day to express our love and appreciation for those around us, and make the most of the days remaining for each of us; now, therefore, be it
κ2003 Statutes of Nevada, Page 3632 (FILE NUMBER 10, ACR 2)κ
each day to express our love and appreciation for those around us, and make the most of the days remaining for each of us; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That united in our national mourning, we will remember every family that lives in grief and we pray that their sorrow is fading even as the thoughts of their loved ones remain as cherished and comforting memories; and be it further
Resolved, That the thousands of innocent victims whose lives were brought to a tragic and horrifying end by evil too terrible for most to comprehend, will be honored by our common and unending pursuit of freedom and peace in the world, and by our continued dedication to public service and respect for all humanity.
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Senate Concurrent Resolution No. 6Senators Rawson, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Koivisto, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 11
Senate Concurrent RESOLUTION — Commending Nevadans for Antibiotic Awareness for its work on preventing the abuse of antibiotics, and urging public and private health agencies to continue to work together to prevent the abuse of antibiotics in this state.
Whereas, Antibiotics are strong medicines used to treat infections caused by bacteria, and they have been responsible since their discovery in the 1940s for dramatically reducing illness and death caused by infectious diseases and for revolutionizing medical care in the 20th century; and
Whereas, In the United States and throughout the world many bacteria are becoming resistant to antibiotics, thereby reducing the ability of antibiotics to effectively control bacterial growth and treat infectious diseases; and
Whereas, Antibiotics are only effective against bacterial infections and thus should only be used to treat bacterial infections and not to treat viral infections such as the common cold, cough, most sore throats and the flu; and
Whereas, According to the Centers for Disease Control, up to 50 percent of antibiotic use may be inappropriate; and
Whereas, The widespread overuse and abuse of antibiotics promotes the spread of antibiotic resistance thus jeopardizing the usefulness of essential medicines; and
κ2003 Statutes of Nevada, Page 3633 (FILE NUMBER 11, SCR 6)κ
Whereas, Antibiotic resistance can cause significant danger and suffering for children and adults who have common infections which were at one time easily treatable with antibiotics, making antibiotic resistance one of the worlds most pressing public health problems as well as one of the top concerns of the Centers for Disease Control; and
Whereas, The consequences of larger numbers of bacteria becoming resistant to antibiotics include extra visits to health care providers, hospitalization and extended hospital stays, the need for more expensive antibiotics to replace the ineffective antibiotics, lost time at school or work, and sometimes death; and
Whereas, Persons who are ill and the parents of ill children can prevent the development of antibiotic-resistant infections by ensuring that antibiotics are only taken for bacterial infections and not for viral infections, that antibiotics are taken exactly as directed, that the entire regimen is completed as directed by a health care provider and that antibiotics are taken only by the person for whom they were prescribed; and
Whereas, Health care providers can prevent the development of antibiotic-resistant infections by prescribing antibiotic therapy only when it is likely to be beneficial to the patient and by prescribing antibiotic therapy in the proper dose and for the correct amount of time using an agent that targets the bacteria that are likely causing the illness; and
Whereas, By promoting and practicing good hygiene, including washing hands often and thoroughly, cooking meat properly, washing fruits and vegetables thoroughly, and handling food hygienically, people can prevent many infections and thus lessen the need for antibiotics; and
Whereas, Nevadans for Antibiotic Awareness is a statewide task force of over 40 state and local public and private agencies and companies committed to addressing the problem of antibiotic resistance by educating the public about the consequences of the inappropriate use of antibiotics, training health care providers concerning the appropriate use of antibiotics, decreasing the inappropriate use of antibiotics and improving the control and surveillance of infections; and
Whereas, Nevadans for Antibiotic Awareness has partnered with the Centers for Disease Control and 31 other states to develop programs to increase awareness of the public health dangers of antibiotic resistance; and
Whereas, Nevadans for Antibiotic Awareness has addressed the serious public health issue of antibiotic resistance in the State of Nevada by developing and distributing statewide guidelines for the use of antibiotics, developing and delivering a comprehensive educational program for health care providers, establishing a bilingual media campaign with the support of its partners, conducting surveillance of antibiotic resistance rates for certain bacteria, and distributing educational materials throughout emergency rooms, pharmacies, health care facilities, doctors offices, school nurse offices and childcare facilities in this state; and
Whereas, The effectiveness of the work done by Nevadans for Antibiotic Awareness is evidenced by a decrease in the use of common antibiotics by outpatients in Nevada and its recognition by the Centers for Disease Control as having one of the best programs in the United States addressing the abuse of antibiotics and the development of antibiotic-resistant bacteria; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature is committed to creating a greater public understanding of the abuse of antibiotics and to supporting the need for educating the public and health care providers on the consequences of abusing antibiotics; and be it further
κ2003 Statutes of Nevada, Page 3634 (FILE NUMBER 11, SCR 6)κ
greater public understanding of the abuse of antibiotics and to supporting the need for educating the public and health care providers on the consequences of abusing antibiotics; and be it further
Resolved, That the Nevada Legislature commends Nevadans for Antibiotic Awareness for its efforts in educating the public and health care providers in this state about the harm that results from the abuse of antibiotics and the actions that residents of this state can take to address this serious public health issue; and be it further
Resolved, That the Health Division of the Department of Human Resources and the local health authorities in this state are urged to continue to work with Nevadans for Antibiotic Awareness to take actions to prevent the abuse of antibiotics in Nevada, including, without limitation, working with the medical community and health care providers to educate the public concerning antibiotic resistance, its causes and the steps that can be taken to reduce and inhibit its spread; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nevadans for Antibiotic Awareness, and to the Health Division of the Department of Human Resources for transmittal to all local health authorities in Nevada.
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Senate Concurrent Resolution No. 8Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Marvel, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 12
Senate Concurrent RESOLUTION — Memorializing former State Senator and longtime rancher, Floyd R. Lamb.
Whereas, The members of the Nevada Legislature note with sadness the death on June 2, 2002, of Floyd R. Lamb, one of this states most powerful and productive Legislators; and
Whereas, The eldest of 11 children, Floyd Lamb was born on September 3, 1914, in Alamo, Nevada, to cowboy William Billy Grainger Lamb and the former Marion Paris; and
Whereas, Floyd Lamb attended Pahranagat Valley High School and Lincoln County High School and then began his career as a rancher on the familys ranch; and
Whereas, Following the untimely heroic death of his father in 1939 in a rodeo accident, Floyd assumed the role of head of the family and helped raise his 10 brothers and sisters; and
κ2003 Statutes of Nevada, Page 3635 (FILE NUMBER 12, SCR 8)κ
Whereas, Floyd Lambs public service began in 1946 when he won his first seat on the Lincoln County Commission; and
Whereas, Floyd Lamb served in this capacity until 1956 when he was elected to the Nevada State Senate and thereafter represented the residents of Lincoln County as State Senator during a time when each county elected one Senator; and
Whereas, Because the 1965 reapportionment of the Nevada Legislature forced Lincoln County to share its Senator with other counties, Floyd Lamb moved to Las Vegas, which had gained Senate seats, and won election to the State Senate representing Clark County; and
Whereas, From 1965 to 1983, Floyd Lamb served as Chairman of the Senate Finance Committee, longer than anyone in the history of this state and during a time when Nevada was the fastest growing state in America and public expenditures were planned and made to keep pace with that growth; and
Whereas, During his 26 years as a Legislator, Floyd Lamb personally sponsored over 30 bills that were passed by the Legislature, served as one of the architects of the Taxicab Authority in Clark County, and was an avid supporter of public education in this state at all levels; and
Whereas, In 1977, Floyd Lamb convinced the Legislature to acquire Tule Springs Park from the then financially troubled City of Las Vegas, and the park was later renamed Floyd Lamb State Park in his honor; and
Whereas, In addition to his accomplishments in the political arena, Floyd Lamb was named to the Board of Directors of Nevada National Bank in 1965, was elected President of the Board in 1969, and retired as a bank executive in 1982; and
Whereas, The life of a man who some have said personified the story of 20th Century Nevada on a horse will live on in the minds and hearts of many, and especially those who watched the horse-drawn carriage take Floyd Lamb to his final resting place in a dusty but dignified cemetery in the small Nevada ranching town of Alamo where he was born; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their heartfelt sympathy and sincere condolences to Floyd Lambs loving wife, Loretta, his two daughters, one son and two stepsons, and his three surviving brothers and two sisters; and be it further
Resolved, That Floyd Lamb will long be remembered as a hardworking family man, a dedicated public servant, a master of the legislative process, a real cowboy and a gentleman; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Floyd Lambs beloved wife, Loretta.
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κ2003 Statutes of Nevada, Page 3636κ
Senate Concurrent Resolution No. 9Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Buckley, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 13
Senate Concurrent RESOLUTION — Commemorating the 75th anniversary of the State Bar of Nevada and designating February 18, 2003, as State Bar of Nevada Day.
Whereas, The State Bar of Nevada had its humble beginnings in 1911 with the establishment of the Nevada Bar Association as a private organization of lawyers from all parts of the State; and
Whereas, In 1928, legislation was requested to incorporate the State Bar of Nevada by a special act of the Legislature as a public corporation, which resulted in a series of events that would change the governing organization of lawyers in this state forever; and
Whereas, On January 31, 1928, upon the signature of then Governor Fred B. Balzar, the State Bar of Nevada was created as a public corporation to govern the legal profession in this state subject to the exclusive jurisdiction and control of the Supreme Court of Nevada; and
Whereas, The State Bar of Nevada grew from 345 members when first created to over 7,000 members in this 75th anniversary year; and
Whereas, Since its founding, the State Bar of Nevada has promoted and maintained the highest professional and ethical standards for all persons involved in the practice of law; and
Whereas, The State Bar of Nevada, through its Admissions, Discipline, Character and Fitness, and Continuing Legal Education programs, has striven to allow only the most qualified professionals to provide legal counsel, assistance, and representation to the residents of this state and has kept its members abreast of the most current information relating to the legal profession through its magazine, Nevada Lawyer; and
Whereas, Included among the members of the State Bar have been many outstanding legal practitioners and judges, 8 Governors of the State of Nevada and 10 United States Senators, and a host of business and civic leaders; and
Whereas, The members of the State Bar through their pro bono programs provide valuable free legal assistance and representation to thousands of Nevadans; and
Whereas, The State Bar of Nevada is dedicated to continuing to build upon its activities of the past 75 years to guide the legal profession with programs to help lawyers provide high quality service to their clients and education to the general public; now, therefore, be it
κ2003 Statutes of Nevada, Page 3637 (FILE NUMBER 13, SCR 9)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby commemorate the State Bar of Nevada on its 75th anniversary as an organization dedicated to making the future better and designate February 18, 2003, as State Bar of Nevada Day at the Nevada Legislature; and be it further
Resolved, That the State Bar of Nevada is hereby commended for its efforts in ensuring that the residents of Nevada are provided with only the best and most knowledgeable legal assistance, in fostering public confidence in the rule of law, in promoting the collegiality and professionalism of its members, and in encouraging and overseeing a variety of public service activities; and be it further
Resolved, That the State Bar of Nevada is hereby urged to continue encouraging altruism by and among members of the legal profession and to continue championing full and equal access to our system of justice for all people; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Gloria J. Sturman, President, N. Patrick Flanagan III, President-Elect, and Ann Price McCarthy, Vice President, of the State Bar of Nevada.
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Senate Resolution No. 4Senators Raggio and Titus
FILE NUMBER 14
Senate RESOLUTION — Providing for the appointment of an additional attache for the Senate.
Resolved by the Senate of the State of Nevada, That Lynn Hendricks is elected as an additional attache of the Senate for the 72nd Session of the Nevada Legislature.
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κ2003 Statutes of Nevada, Page 3638κ
Assembly Concurrent Resolution No. 3Assemblymen Chowning, Buckley, Perkins, Gibbons, Parks, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Coffin, Care, OConnell, Townsend, Cegavske, Amodei, Carlton, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Washington and Wiener
FILE NUMBER 15
Assembly Concurrent RESOLUTION — Granting administrative leave to legislative employees in recognition of their service to the 72nd 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 Nevada Legislature; and
Whereas, The additional employees hired specifically for the legislative session also provide essential services with dedication, competence and enthusiasm throughout the long days of the session; and
Whereas, Extraordinary demands are routinely placed on legislative employees as a result of the time constraints imposed by the 120-day limitation on the length of the legislative session, and the entire legislative staff has demonstrated their extraordinary talents, patience, flexibility and tireless work ethic to meet these required deadlines; and
Whereas, The members of the 72nd Session of the Nevada Legislature do hereby recognize and express their appreciation of the outstanding effort made by the permanent employees of the Legislature and Legislative Counsel Bureau and by 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 7 days of administrative leave are hereby granted to each:
1. Permanent employee of the Legislature and Legislative Counsel Bureau who is employed on the last day of session; and
2. Employee of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who:
(a) Is employed by the Legislature or Legislative Counsel Bureau on the last day of this session; and
(b) If requested to do so by the employees supervisor, remains in that employment after the last day of this session until all tasks assigned to the employee during the session are completed.
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κ2003 Statutes of Nevada, Page 3639κ
Assembly Resolution No. 4Committee on Elections, Procedures, and Ethics
FILE NUMBER 16
Assembly RESOLUTION — Providing for the appointment of additional attaches for the Assembly.
Resolved by the Assembly of the State of Nevada, That Cecilia G. Colling, Janet Stokes and Kyle T. Wentz are elected as additional attaches of the Assembly for the 72nd Session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 4Assemblymen Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 17
Assembly Concurrent RESOLUTION — Honoring the longest-serving Legislators in the State of Nevada, Joseph E. Dini, Jr., and Lawrence E. Jacobsen.
Whereas, The two longest-serving members of the Nevada Legislature are former Assemblyman Joseph E. Dini, Jr., and former Senator Lawrence E. Jacobsen; and
Whereas, Assemblyman Dini is a native of Yerington, an alumnus of the University of Nevada, Reno, and a Nevada businessman; and
Whereas, Assemblyman Dini served for 36 years in the Nevada Legislature, beginning in 1966 when he was elected to the Nevada State Assembly; and
Whereas, Assemblyman Dini served in the Nevada State Assembly for a record 18 regular sessions and 5 special sessions and was recognized for his strong leadership abilities by election to Speaker of the Assembly in 1977, serving an unprecedented eight times in that capacity; and
Whereas, Mr. Speaker, as Assemblyman Dini has been known affectionately by colleagues and staff alike, was recognized as an expert on numerous issues, including the management of Nevadas water resources; and
Whereas, Assemblyman Dini took the leadership role in many areas affecting the State of Nevada, from equity issues of revenues for education to safeguarding the clear waters of Lake Tahoe, in which he worked to develop a compact with California to control growth in the Lake Tahoe Basin; and
κ2003 Statutes of Nevada, Page 3640 (FILE NUMBER 17, ACR 4)κ
Whereas, Mr. Speaker has forwarded the international interests of the State of Nevada by developing cooperative relations with the Province of Taiwan of the Republic of China, and in April 2000, he was honored by the Ministry of Foreign Affairs of the Republic of China with the Friendship Medal of Diplomacy; and
Whereas, In 2001, Speaker Dini was bestowed the honorary title of Speaker Emeritus, a first for a Nevada Legislator; and
Whereas, Senator Lawrence E. Jacobsen is a native of Gardnerville, served his country throughout World War II and is a decorated survivor of the attack on Pearl Harbor; and
Whereas, Senator Jacobsen served for a remarkable 40 years in the Nevada Legislature, which included 20 regular legislative sessions and 8 special sessions, this being an all-time record for legislative service in the State of Nevada; and
Whereas, In 1963, Senator Jacobsen began his tenure in the Legislature with election to the Nevada State Assembly, and he remained in the Assembly for 16 years and was elected Speaker of the Assembly for the 1971 Session; and
Whereas, In 1979, Senator Jacobsen began serving in the Nevada State Senate and was President pro Tempore of the Senate for seven legislative sessions, setting a record for the longest service of any Senator in this capacity in Nevada history; and
Whereas, Senator Jacobsen was a member of the Legislative Commission for 26 years, 6 of those years serving as the Chairman of the Commission, as well as being a member of the Interim Finance Committee for 12 years; and
Whereas, Senator Jacobsen took a particular interest in the buildings, grounds and staff of the Legislature and the Legislative Counsel Bureau, being the main force behind moving the Legislature out of the crowded Capitol Building and into a new and completely separate Legislative Building; and
Whereas, Senator Jacobsen represented the Nevada Legislature for many years through his work on numerous committees of the National Conference of State Legislatures and the Council of State Governments; and
Whereas, Always a strong supporter of the military veterans of this state, Senator Jacobsen sponsored more legislation for the benefit of veterans than any legislator before him; and
Whereas, The long and distinguished careers of Assemblyman Joseph E. Dini, Jr., and Senator Lawrence E. Jacobsen will forever serve as models of public service for future members of the Nevada Legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature pay special tribute to and express sincere gratitude to Assemblyman Joseph E. Dini, Jr., and Senator Lawrence E. Jacobsen in recognition of their long records of public service to Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Assemblyman Joseph E. Dini, Jr., and to former Senator Lawrence E. Jacobsen.
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κ2003 Statutes of Nevada, Page 3641κ
Assembly Concurrent Resolution No. 5Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 18
Assembly Concurrent RESOLUTION — Recognizing March 3, 2003, as Read Across America Day in Nevada in commemoration of Dr. Seusss birthday.
Whereas, Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts; and
Whereas, Theodor Seuss Geisel graduated from Dartmouth College in 1925 and began writing humorous articles and creating cartoons for various magazines; and
Whereas, His first childrens book, And to Think That I Saw It on Mulberry Street, was rejected by 43 publishers until, in 1937, a friend published the book for him; and
Whereas, In May of 1954, Life magazine published a report concerning illiteracy among school children, stating that, among other things, children were having trouble learning to read because the books were boring; and
Whereas, This comment inspired Theodor Seuss Geisels publisher, Bennett Cerf, to compile a list of 400 words that he felt were important, asking Mr. Geisel to cut the list to 250 words, the amount of words a first grader could absorb, and using only those words to write a book that would excite children; and
Whereas, Nine months later, Mr. Geisel, using 220 of the words given to him, published The Cat in the Hat, which became an instant success; and
Whereas, Later in 1960, Bennett Cerf bet Mr. Geisel $50 that he couldnt write an entire book using only 50 words and from that challenge came the famous childrens book, Green Eggs and Ham, which also became an instant success; and
Whereas, From that point on, Theodor Seuss Geisel became known as Dr. Seuss, and children became enthused about reading every Dr. Seuss book available; and
Whereas, Dr. Seuss died on September 24, 1991, but his legacy of childrens books will live forever as an inspiration to children everywhere to learn to read and to share in the laughter, enjoyment and knowledge that a book can provide; and
Whereas, In honor of Dr. Seuss and the joy of reading, the National Education Association has designated March 3, 2003, as Read Across America day and has called upon every child to read with a caring adult on this day 99 years after the birth of Theodor Seuss Geisel; now, therefore, be it
κ2003 Statutes of Nevada, Page 3642 (FILE NUMBER 18, ACR 5)κ
this day 99 years after the birth of Theodor Seuss Geisel; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 3, 2003, is hereby recognized as Read Across America Day in Nevada in commemoration of Dr. Seusss birthday; and be it further
Resolved, That children and adults are encouraged to read a favorite book together on this date to share the joy of reading; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Terry Hickman, President of the Nevada State Education Association, and Kenneth Lange, Executive Director of the Nevada State Education Association.
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Assembly Concurrent Resolution No. 6Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 19
Assembly Concurrent RESOLUTION — Memorializing longtime public servant, Henry Hank Etchemendy.
Whereas, On December 18, 2001, the residents of Nevada experienced the loss of fellow Nevadan, Henry Hank Etchemendy, whose decades of public service working in various positions of influence throughout Nevada evidenced his love for his home state and its people; and
Whereas, The son of Basque parents, Henry Etchemendy was born October 6, 1923, in Elko, graduated from Elko High School and attended Colorado College at Colorado Springs for 2 years where he majored in civil engineering; and
Whereas, Henry Etchemendy served in the United States Marine Corps at Guadalcanal during World War II and returned to the Corps as an artillery instructor and aerial photography interpreter during the Korean War; and
Whereas, While starting as a building inspector in Elko in 1952, Hank Etchemendy became the first City Manager of Elko in 1955, a position he held for 11 years before moving to Carson City in 1966; and
Whereas, As the first City Manager of Carson City and the last County Manager of Ormsby County, Hank Etchemendy successfully guided those two governments to consolidation in 1969 and continued his work in the Capital City until 1978 when he left to become Renos City Manager; and
κ2003 Statutes of Nevada, Page 3643 (FILE NUMBER 19, ACR 6)κ
Whereas, Known as a financial and budgetary expert, his expertise was put to good use as a member of the committee that developed the Local Government Budget Act and also as a member of advisory committees to both the Nevada Tax Commission and the Department of Taxation; and
Whereas, These same talents were apparent when, as an active member of the Nevada League of Cities, Hank helped develop a format to measure the financial health of cities and counties; and
Whereas, As Executive Director of the Nevada Association of School Boards for 15 years, Hank worked tirelessly on behalf of Nevadas local school districts and his many achievements are reflected in the commonly held sentiment that the school children of Nevada, now and into the future, are better off because of Hank Etchemendy; and
Whereas, Hank made similarly valuable contributions during his longtime service as a consultant to the Board of the Nevada Parent Teachers Association on legislative issues; and
Whereas, Hank Etchemendy is survived by his wife, Peggy, sons, Larry, Arnold and Bill, several grandchildren, and his sister Mary Guccini; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Nevada Legislature express their deep sense of loss and extend their sincere condolences to the family and many friends of Henry Hank Etchemendy; and be it further
Resolved, That the kindness, fairness, honesty and commitment of Hank Etchemendy will be remembered by all whose lives have been touched by his public service to the cities and schools of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Peggy Etchemendy, Hanks loving wife of 53 years.
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Senate Concurrent Resolution No. 14Senators Care, Amodei, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Goldwater, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 20
Senate Concurrent RESOLUTION — Memorializing prominent physician and philanthropist Elias Ghanem.
Whereas, The members of the Nevada State Legislature join the people of the State of Nevada to celebrate the life and mourn the loss of Elias Ghanem who passed away on August 27, 2001; and
κ2003 Statutes of Nevada, Page 3644 (FILE NUMBER 20, SCR 14)κ
Whereas, Elias Ghanem, known for his skill and caring as a physician and for his spirit of generosity, was born on March 12, 1939, in Haifa, Israel, and was a 30-year resident of Las Vegas; and
Whereas, Elias Ghanem arrived in the United States in 1963 looking for the American Dream, with little more than $90 to his name and a scholarship to a North Carolina college, and at times lived out of his car while subsequently working his way through Duke University School of Medicine; and
Whereas, After interning at the University of Southern California, Elias Ghanem journeyed to Las Vegas in 1971 to become an emergency room physician at Sunrise Hospital, beginning what was to be a long and illustrious career in the medical field; and
Whereas, A few years later, Dr. Ghanem began his own family practice, and beginning in 1977, he opened the first of several 24-hour clinics, Las Vegas Medical Centers, to serve the people of Las Vegas; and
Whereas, After serving as the hotel doctor for the Las Vegas Hilton, Dr. Ghanem became known as the physician to the stars because he became the personal physician to such celebrities as Elvis Presley, Liberace, Michael Jackson, Bill Cosby, Ann-Margret, Wayne Newton and Virginia Kelley, the mother of former President Bill Clinton; and
Whereas, Dr. Ghanem cared for patients from every walk of life, including casino workers, culinary workers and teachers, and was known for treating everyone with the same care and dignity, whether the patient be poor and homeless or a celebrity; and
Whereas, During the 6-year strike at the Frontier Hotel, one of the longest labor disputes in the history of this country, Dr. Ghanem provided free medical care and delivered more than 100 babies for the striking workers; and
Whereas, Through the Elias F. Ghanem Medical Scholarship Fund, there are many more doctors and nurses in the medical field to carry on his legacy of dedicated medical care; and
Whereas, Elias Ghanem, known for his generous nature and charm, lived life to the fullest, was fluent in French, Arabic, English and Hebrew, and immersed himself in the worlds of medicine, politics, philanthropy, entertainment and sports, especially boxing; and
Whereas, During his 14-year tenure on the Nevada Athletic Commission, Elias Ghanem served intermittently as Chairman, with Nevada hosting an unprecedented number of major championship fights which were televised throughout the world and which broke records for gross paid gates, increasing the visibility and enhancing the reputation of the State of Nevada as a force in the world of professional boxing; and
Whereas, As the Commissioner of the Nevada Athletic Commission, Elias Ghanem was largely attributed with raising the stature of boxing in Nevada by implementing health and safety procedures which have been adopted throughout the boxing world, such as mandating that all boxing rings in Nevada have four ropes, instead of three, to prevent fighters from sustaining serious injury from falling through the ropes, and mandating the testing of boxers for HIV, hepatitis B and hepatitis C; and
Whereas, Among his many awards, Elias Ghanem was the recipient of the University of Nevada Distinguished Nevadan Award, the Victor Award for his contribution to sports, and was named Man of the Year for the National Jewish Hospital and American Jewish Committee; and
κ2003 Statutes of Nevada, Page 3645 (FILE NUMBER 20, SCR 14)κ
Whereas, Elias Ghanem is survived by his wife, Jody, daughter, Crystal Ann, sons, Elias II and Farid, brother, Nasser, and six nieces, all of Las Vegas; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby extend their sincere condolences to the family and friends of Elias Ghanem; and be it further
Resolved, That the residents of the State of Nevada will miss the compassion, generosity and enthusiasm of Elias Ghanem; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Elias Ghanems loving wife, Jody.
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Senate Concurrent Resolution No. 16Senators Rhoads, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Sherer, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber and Williams
FILE NUMBER 21
Senate Concurrent RESOLUTION — Commending the Eastern Nevada Landscape Coalition for its endeavors toward the restoration of the ecosystems of the Great Basin.
Whereas, Within the space of about 1 week in August 1999, lightning storms ignited hundreds of fires that devastated almost 1.7 million acres of rangeland and forest in the Great Basin; and
Whereas, Even before the fires were controlled, a team of specialists met to discuss the consequences of the fires on the Great Basin, and the conclusion was reached that the native plant communities must be restored in order to prevent an invasion of nonnative plants that are extremely flammable and would thus ensure a repetition of the destruction from fire; and
Whereas, The meeting of these specialists launched the Great Basin Restoration Initiative and the Eastern Nevada Landscape Restoration Project, which encompasses approximately 10 million acres and incorporates the following objectives:
1. To maintain functioning native plant communities;
2. To improve and restore degraded plant communities;
3. To maintain or improve soil productivity;
4. To maintain and restore water quality and plant communities in riparian areas; and
5. To protect and improve sensitive wildlife habitats; and
κ2003 Statutes of Nevada, Page 3646 (FILE NUMBER 21, SCR 16)κ
Whereas, In March 2001, approximately 100 persons, representing universities, state and federal agencies, and a broad cross section of other organizations, assembled in Reno, Nevada, and out of that meeting, the idea of the Eastern Nevada Landscape Coalition was born; and
Whereas, The Eastern Nevada Landscape Coalition is a private, nonprofit organization that consists of private organizations, governmental entities and community groups all working toward the common goal of implementing the Eastern Nevada Landscape Restoration Project; and
Whereas, The overall mission of the Eastern Nevada Landscape Coalition is to restore the dynamic and diverse landscapes of the Great Basin for present and future generations through such collaborative efforts; and
Whereas, The accomplishments of the Eastern Nevada Landscape Coalition benefit wildlife, various species of native plants and watersheds; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature endorse the mission and activities of the Eastern Nevada Landscape Coalition in its endeavors to restore the health and productivity of the land in Eastern Nevada; and be it further
Resolved, That the Legislature commends the efforts of the Eastern Nevada Landscape Coalition to increase knowledge and to foster cooperation and educational efforts directed at the goal of the restoration of the unique ecosystems of the Great Basin; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ms. Betsy Macfarlan, Executive Director of the Eastern Nevada Landscape Coalition, and to Mr. Gary Medlyn of the Ely Field Office of the Bureau of Land Management.
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Senate Concurrent Resolution No. 17Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Oceguera, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 22
Senate Concurrent RESOLUTION — Congratulating Dr. Charles R. Goldman for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by SBC.
Whereas, Reversing decades of misuse and striving to preserve the pristine quality of Lake Tahoe is of great importance to the residents of the State of Nevada; and
κ2003 Statutes of Nevada, Page 3647 (FILE NUMBER 22, SCR 17)κ
Whereas, The recipient of the 2003 Nevada Medal is Dr. Charles Goldman, whose single-most important and sustained contribution is the 44 years he has spent conducting research on Lake Tahoe, which has ultimately increased scientific attention to the plight of the Lake over the past decade; and
Whereas, After receiving his Ph.D. from the University of Michigan in Limnology and Fisheries in 1958, Dr. Goldman joined the faculty at the University of California, Davis, where he remains a Professor in the Department of Environmental Science and Policy and serves as Director of the Tahoe Research Group; and
Whereas, Through his research, most notably at Lake Tahoe, Castle Lake in California and Lake Baikal in Siberian Russia, Dr. Goldman has proven himself to be an influential and authoritative figure in the science of lakes and other freshwater bodies, what he tirelessly calls the queen of the ecological sciences; and
Whereas, In 1967, the College of Agricultural and Environmental Sciences at the University of California, Davis, established the Tahoe Research Group, headed by Dr. Goldman, in an effort to reverse the deterioration of Lake Tahoe and eliminate the threat to the Lakes future; and
Whereas, Dr. Goldmans work recently included development of artificial wetlands and research on alternatives to conventional road salt for de-icing highways, and while continuing to pursue basic research on lake dynamics, Dr. Goldman has also been able to translate his findings directly to state, national and international policy decisions; and
Whereas, Among his many prestigious awards, Dr. Goldman was awarded a Senior Postdoctoral Fellowship from the National Science Foundation in 1964, in 1967 the Goldman Glacier in Antarctica was named after him, and his most prestigious award to date was received in 1998, the Albert Einstein World Award of Science, awarded annually to a single individual by a group of eminent scientists in recognition of scientific and technological achievements that have advanced scientific understanding and benefited humanity; and
Whereas, During his long tenure at the University of California, Davis, Dr. Goldman served as the Chairman of the Division of Environmental Studies from 1988 to 1992, was the founding Director of the Institute of Ecology, serving from 1966 to 1969 and again from 1990 to 1992, and in 1993 Dr. Goldman was chosen as Faculty Research Lecturer, the highest honor for campus faculty; and
Whereas, In addition to being recognized for his passion for freshwater research, Dr. Goldman is also known as a valuable mentor to the students at the University of California, Davis, having mentored approximately 90 graduate students and 30 postdoctoral researchers; and
Whereas, The Nevada Medal is an honor conferred by the Desert Research Institute of the University and Community College System of Nevada and sponsored by SBC in recognition of outstanding scientific, engineering and technical achievement; and
Whereas, Dr. Goldmans continuing contributions to the area of freshwater research, and more specifically his commitment to improving the water quality of one of our greatest natural resources, Lake Tahoe, have been recognized, and he is being honored this year as the recipient of the Nevada Medal; now, therefore, be it
κ2003 Statutes of Nevada, Page 3648 (FILE NUMBER 22, SCR 17)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature hereby congratulate Dr. Charles Goldman for being named the recipient of the 2003 Nevada Medal given by the Desert Research Institute; and be it further
Resolved, That SBC 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 residents of Nevada will long be grateful to Dr. Goldman for his efforts and commitment to improving the water quality and beauty of Lake Tahoe; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Charles R. Goldman.
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Senate Concurrent Resolution No. 18Senators Tiffany, Cegavske, Rawson, Raggio, Neal, Amodei, Care, Carlton, Coffin, Hardy, Mathews, McGinness, Nolan, OConnell, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Gustavson, Knecht, Angle, Anderson, Andonov, Claborn, Griffin, Hettrick, Horne, Manendo, Pierce, Sherer and Weber
FILE NUMBER 23
Senate Concurrent RESOLUTION — Recognizing the Health Division of the Department of Human Resources for its efforts regarding collection and reporting of information concerning sepsis.
Whereas, Sepsis with acute organ dysfunction, commonly referred to as severe sepsis, is the leading cause of death in patients in noncoronary intensive care units, with mortality rates ranging from 28 to 50 percent or more; and
Whereas, More than 750,000 Americans develop severe sepsis each year, which is an average of more than 2,000 new cases of severe sepsis per day solely in the United States; and
Whereas, The blood pressure of a patient who has severe sepsis drops precipitously, which results in shock, and the major organs and systems of the patient, including, without limitation, the kidneys, liver, lungs and central nervous system, cease to function normally; and
Whereas, A change in a patients mental status and hyperventilation may be the earliest signs of impending severe sepsis; and
Whereas, The number of cases of severe sepsis is expected to increase because of the number of patients with compromised immune systems, the use of invasive medical procedures, the number of resistant microorganisms and the growth of the elderly population; and
Whereas, There is currently only one drug that has been approved by the Federal Drug Administration to treat cases of severe sepsis; and
κ2003 Statutes of Nevada, Page 3649 (FILE NUMBER 23, SCR 18)κ
Whereas, While the drug approved by the Federal Drug Administration improves the outcome for many patients with severe sepsis, the drug has been underused because of:
1. A lack of awareness of the existence of the drug among providers of health care and members of the general public; and
2. A failure on the part of programs of health insurance to reimburse the persons covered by those programs for the costs of the drug; and
Whereas, The science concerning sepsis is better understood as the medical community now realizes that sepsis is more than simple inflammation in response to bacterial infection and that a patient with severe sepsis often exhibits other symptoms in combination with systemic inflammation that may lead to the patients death; and
Whereas, Despite this increased understanding, there is a lack of centralized information in this state concerning sepsis and severe sepsis; and
Whereas, Because severe sepsis is a fairly common and, if left untreated, frequently fatal and expensive disease, a variety of educational programs is necessary to reduce the incidence of this disease and the number of deaths attributable to the disease in this state; and
Whereas, The Health Division of the Department of Human Resources compiles and reports statistical information on hospital costs and payor sources for the treatment of cases of severe sepsis, and other diagnoses associated with hospitalization and discharge status of these patients; and
Whereas, The Health Division has agreed to submit to the Governor and to the Legislature, and post on the Health Division website a report that includes statistical information on hospital costs and payor sources for the treatment of cases of severe sepsis, and other diagnoses associated with hospitalization and discharge status; and
Whereas, To the extent possible, the Health Division has agreed to include in these reports data from the International Classification of Diseases coding, from the inpatient hospital discharge data as well as mortality data from the Health Division; and
Whereas, The information contained in the Health Divisions report on sepsis is invaluable in efforts to heighten the awareness of severe sepsis in the medical community and will be made available for the purposes of research; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby recognize the Health Division of the Department of Human Resources for its efforts in heightening awareness and facilitating research concerning this increasingly fatal disease, and urge its continued efforts in this regard; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Yvonne Sylva, Administrator of the Health Division of the Department of Human Resources.
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κ2003 Statutes of Nevada, Page 3650κ
Senate Concurrent Resolution No. 22Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 24
Senate Concurrent RESOLUTION — Memorializing Edmund J. Cain, Dean Emeritus of the University of Nevada, Reno, College of Education.
Whereas, On January 17, 2003, higher education in Nevada lost a leader and educational administrator extraordinaire with the death of Edmund J. Cain, the man who is viewed as having modernized teacher education and who established an international reputation for the College of Education at the University of Nevada, Reno; and
Whereas, Born in Chico, California, on March 19, 1918, Edmund Cain, attended schools in Chico and helped support his family until his enlistment in the United States Army following the bombing of Pearl Harbor; and
Whereas, Assigned to the Signal Corps based in Fort Monmouth, New Jersey, Edmund Cain met and married Virginia Hartigan, eventually rose to the rank of Captain and, because of his nondiscriminatory manner, was selected to lead an African-American company during the invasion and occupation of Okinawa, Japan; and
Whereas, On returning to New Jersey following his discharge from the Army, Edmund Cain entered Columbia University where he earned his bachelors, masters and doctoral degrees in the field of education; and
Whereas, Following his first college teaching position with Western Connecticut State University, Edmund Cain became a professor of education at the University of Delaware where he developed innovative methods for teacher development, and it was during his tenure there that his interest in international education prompted him to take a leave of absence to be a consultant with UNESCO, the United Nations Educational, Scientific and Cultural Organization, in Santiago, Chile, for 2 years; and
Whereas, Dr. Cain later served as a consultant to the Institute of International Education, was a founder of the International Council on Education for Teaching and was selected to head one of the first teams of Americans to go behind the Iron Curtain to evaluate the state of education in Yugoslavia; and
κ2003 Statutes of Nevada, Page 3651 (FILE NUMBER 24, SCR 22)κ
Whereas, Fortunately for the State of Nevada, Dr. Cain chose to accept the challenges of a growing Nevada campus and joined the University of Nevada faculty in 1964 where, as Dean of the College of Education for the next 20 years, he led a period of extraordinary statewide development for Nevada education which emphasized laboratory experiences for student teachers, spearheaded tutoring opportunities for disadvantaged youngsters in lower-income neighborhoods and included the development of the first international student exchange program for the College; and
Whereas, Dr. Cains belief that demonstration laboratories and updated classrooms were essential teaching tools resulted in a new College of Education, dedicated in 1972, which was rededicated and named in his honor in 1998; and
Whereas, As Dean Emeritus of the College of Education of the University of Nevada, Reno, Dr. Edmund Cain was appointed to the Board of Directors of the Far West Laboratory for Educational Research and Development in 1996; and
Whereas, Community service was also a part of Edmund Cains life as evidenced in his involvement with the United Way, Rotary and the Boy Scouts of America who honored him in 1998 as a Distinguished Eagle Scout for his 65 years of service to the Boy Scouts; and
Whereas, Edmund Cain is survived by Virginia, his wife of 58 years, his sons, Edmund and James, his daughter, Mary-Ellen McMullen, six grandchildren and two great-grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their deepest sympathy to the family and friends of Edmund J. Cain, especially to his wife, Virginia; and be it further
Resolved, That Edmund J. Cain Hall on the campus of the University of Nevada, Reno, will stand as a testimony to the man whose vision was a leading force in the growth of teacher education in the State of Nevada; and be it further
Resolved, That the academic achievement of the children of this state will be a legacy to Edmund Cain who breathed life into the education of teachers during his decades of service to higher education in Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Edmund Cains beloved wife, Virginia.
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κ2003 Statutes of Nevada, Page 3652κ
Assembly Concurrent Resolution No. 7Assemblymen Marvel, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Rhoads, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 25
Assembly Concurrent RESOLUTION — Memorializing former mining lobbyist and Nevada Tax Commissioner, Howard Winn.
Whereas, The Nevada State Legislature notes with sadness the passing of W. Howard Winn on December 12, 2001, at a ranch near Silver City, New Mexico; and
Whereas, Howard Winn was born to W. Henry and Annie Ritz Winn on May 16, 1916, in Howard County, Missouri, and moved with his family to spend his childhood on a wheat farm and attend schools in McPherson, Kansas; and
Whereas, After earning a Bachelor of Science degree in Mining Engineering from the University of Kansas in 1939, Howard Winn joined Kennecott Copper Corporation where his 36-year career included work as a Design Engineer, Smelter Superintendent, Concentrator Superintendent and Reduction Plant Superintendent in several of the companys operations before his appointment as General Manager of the Nevada Mines Division in Ely, a position that he held for the last 12 years until his retirement in 1976; and
Whereas, In 1935, Howard Winn married Chrysie Bailey and, after her death in 1987, Howard memorialized their love of 52 years with his establishment of the Chrysie P. Winn Memorial Endowment, which provides funding for the enhancement of the mining and geology collection of the DeLaMare Library of the Mackay School of Mines at the University of Nevada, Reno, where the Chrysie P. Winn Reading Room has been named in her honor; and
Whereas, A long-standing member of the American Institute of Mining and Metallurgical Engineers and the Society of Mining Engineers, Howard Winn was a consultant to the Nevada Mining Association for 12 years after his retirement from Kennecott and also served for 19 years on the Nevada Tax Commission; and
Whereas, Believing that laws should be written for the benefit of the public generally, Howard Winn worked as a lobbyist at the Nevada Legislature not only for the mining industry but for all Nevadans, and his efforts resulted in the passage of many laws that protect the States wildlife and air and water quality; and
κ2003 Statutes of Nevada, Page 3653 (FILE NUMBER 25, ACR 7)κ
Whereas, In addition to the scholarship-endowed trust established by him at the Mackay School of Mines, Howard Winn demonstrated his love for people and for the mining industry by mentoring many men and women who achieved much in their own careers in mining and by supporting a prominent role for women in the industry before it was popular to do so; and
Whereas, Howard Winn was also preceded in death by his second wife, Arvada, and is remembered as a man of the greatest honor and integrity who respected all people for their individual abilities to contribute to the greater good; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd session of the Nevada Legislature extend their condolences to the many friends of W. Howard Winn; and be it further
Resolved, That the table, beautifully crafted by Howard Winn and located in the Chrysie P. Winn Reading Room, will be a reminder of the generosity and love of this man who left his mark on the mining industry and the people of Nevada.
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Senate Concurrent Resolution No. 23Senators Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Williams, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer and Weber
FILE NUMBER 26
Senate Concurrent RESOLUTION — Honoring restaurateurs Paul and Adele Abowd.
Whereas, On October 28, 2002, Adeles at the Plaza in downtown Reno, a restaurant owned and operated by Paul and Adele Abowd, closed for business on the 11th anniversary of its opening date; and
Whereas, Paul and Adele met in San Francisco, California, where Paul was a fry cook and Adele was a waitress in a restaurant owned by Pauls father, and were married in 1950 to form the unbeatable team that has made them known and loved by many and to start the family that would grow to include sons, Charlie and Michael, and daughters, Cyrina and Colette; and
Whereas, The team of Paul and Adele Abowd has made its mark in the culinary world for the past 50 years through the introduction of new restaurant concepts such as Pegs Glorified Ham and Eggs which opened in Richmond, California, in 1953 and was such a hit that the line was extended to El Cerrito and Oakland, California; and
Whereas, In 1978, the Abowds moved to Carson City to open Adeles, a restaurant that became an icon of fine dining in western Nevada and is currently owned by their son, Charlie, and his wife, Karen, and in 1991, Adeles at the Plaza in Reno opened its doors to expand and continue the tradition of world-class cuisine in a relaxing atmosphere; and
κ2003 Statutes of Nevada, Page 3654 (FILE NUMBER 26, SCR 23)κ
currently owned by their son, Charlie, and his wife, Karen, and in 1991, Adeles at the Plaza in Reno opened its doors to expand and continue the tradition of world-class cuisine in a relaxing atmosphere; and
Whereas, Acting on his belief that dining should be an enjoyable experience and even an adventure, Paul Abowd never stopped working to extend the bill of fare, deepen the selection of fine wines and perfect the atmosphere of their restaurants to meet the needs of their guests and satisfy even the most discriminating tastes; and
Whereas, The charm and graciousness of Paul and Adele, which was a trademark of their approach to serving fine meals in their restaurants, is also evident in their home in Carson City where they have hosted fundraisers, community events, social dinners and political functions, including a very successful fundraiser in 1988 for former Governor Richard Bryan in support of his race for a seat in the United States Senate; and
Whereas, Former President of the Nevada Restaurant Association and recipient of the 2001 Restaurateur of the Year Award, Adele Abowd maintains that the greatest benefit of their chosen lifestyle was meeting, and often becoming friends with, so many wonderful people from all walks of life, the list of which includes visionary leaders and powerful statesmen; and
Whereas, After committing most of their lives to the restaurant business and the people they served, Paul and Adele Abowd are retiring and using the extra time to spend with each other and their family; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their admiration and gratitude to Paul and Adele Abowd for their contributions to the restaurant industry in Nevada, their culinary expertise and their energetic service to the people of this state; and be it further
Resolved, That Paul and Adele Abowds example of dedication to their lifes work of service in the restaurant industry and their cheerful involvement in the community that have characterized their 52 years together will be an inspiration to all whose lives they have touched; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Paul and Adele Abowd.
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κ2003 Statutes of Nevada, Page 3655κ
Assembly Concurrent Resolution No. 8Assemblymen Giunchigliani, Perkins, Buckley, Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 27
Assembly Concurrent RESOLUTION — Expressing support for American military troops again in harms way.
Whereas, Almost one-quarter of a million American men and women are engaged in war with Iraq; and
Whereas, These members of our Armed Forces are exposed to great danger and to the hazards and discomforts of the harshest of climates; and
Whereas, They have forsaken home, family and friends in obedience to the call of their country and fidelity to their oath of service; and
Whereas, They undertake this duty and prepare to make the ultimate sacrifice out of love for their country and the freedoms for which it stands; and
Whereas, The men and women leave behind spouses, children and parents who suffer great anxiety and make great sacrifices to enable our servicemen and women to fulfill their patriotic obligation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature commends the noble, selfless and heroic efforts of our American servicemen and women; and be it further
Resolved, That the members of the Nevada Legislature join with all Nevadans in laying aside debates about the prudence of the cause in which our country is engaged and pray that this conflict may speedily end and that these brave men and women may return safely home to their families and friends; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Commanding Officers of all military forces from Nevada currently serving in the war with Iraq, including the Adjutant General of the Nevada National Guard, the Commanding Officer of Nellis Air Force Base and the Commanding Officer of the Fallon Naval Air Station.
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κ2003 Statutes of Nevada, Page 3656κ
Assembly Concurrent Resolution No. 9Assemblymen Parks, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators OConnell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 28
Assembly CONCURRENT RESOLUTION — Designating March 24, 2003, as Suicide Prevention Day in Nevada.
Whereas, The State of Nevada has ranked at the top of the list of states having the highest rates of suicide for at least 2 decades, with a rate that is twice the national average; and
Whereas, Suicide is the fifth leading cause of death in Nevada, exceeded only by heart disease, cancer, pulmonary disease and stroke, and Nevada is the only state in which suicides outnumber deaths related to motor vehicles; and
Whereas, Research indicates that the vast majority of suicide victims in Nevada are actually residents of this state, and not tourists as is the typical assumption; and
Whereas, The most common methods of committing suicide in this state involve the use of firearms, the ingestion of poison, or suffocation or asphyxiation; and
Whereas, In the report entitled National Strategy for Suicide Prevention: Goals and Objectives for Action, issued by the Surgeon General of the United States in 2001, the plan to reduce the high rate of suicide in our Nation emphasized the importance of public awareness of suicide as a serious, but preventable, public health problem; and
Whereas, Research conducted by public health and mental health agencies in Nevada reveals a lack of public awareness of the seriousness of the problem of suicide in our State and the lack of a comprehensive suicide prevention program in Nevada for the mentally ill and homeless; and
Whereas, There has been an admitted need to improve suicide prevention programs in Nevadas schools because studies show that 30 percent of middle school and high school students in Nevada have experienced depression, a leading indicator of suicide, and that nearly 20 percent of students have seriously considered attempting suicide; and
Whereas, The rural counties in Nevada have a higher rate of suicide than the larger counties of Clark and Washoe, and the need for the State to develop a suicide strategy that recognizes the unique culture of these smaller communities would be beneficial to the entire State; and
κ2003 Statutes of Nevada, Page 3657 (FILE NUMBER 28, ACR 9)κ
Whereas, Because of the larger populations in Washoe and Clark Counties, the residents of those counties must also be made aware of the gravity of the problem of suicide; and
Whereas, The continuing effectiveness of public campaigns waged against public health problems such as tuberculosis, heart disease, unintentional injury, and alcohol, tobacco and drug abuse cannot be overstated; and
Whereas, The recognition of suicide as a public health problem and the institution of a public campaign in which all Nevadans form a coalition to address suicide prevention, with the goal of reducing suicides in each community, constitutes a productive first step in overcoming this devastating problem; and
Whereas, Cooperative efforts such as the Crisis Call Center in Reno, Nevada, with support from the Division of Mental Health and Developmental Services of the Department of Human Resources, and the Yellow Ribbon Program in Douglas County, a community-based suicide prevention program, have a great impact in reducing suicide and serve as models for coping with the problems related to suicide; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 24, 2003, is hereby designated as Suicide Prevention Day in Nevada; and be it further
Resolved, That the members of the 72nd Session of the Nevada Legislature are committed to creating a greater public awareness of the seriousness of the problem of suicide in Nevada; and be it further
Resolved, That all Nevadans are hereby urged to address the problem of suicide in this state by providing education regarding suicide prevention and by furnishing support for the surviving family and friends of suicide victims; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Crisis Call Center in Reno, Nevada.
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Senate Concurrent Resolution No. 3Committee on Human Resources and Facilities
FILE NUMBER 29
Senate Concurrent RESOLUTION — Urging each community in Nevada to form a coalition of agencies and service providers to reduce the number of suicides and provide support for survivors.
Whereas, For at least 2 decades, Nevada has ranked at the top of the listing of states with high rates of suicide and has maintained a rate that is twice the national average; and
Whereas, National and state research indicates that Nevadas high rate of suicide is evident for all age groups and all socioeconomic populations in the State, particularly for youth, elderly men, Native Americans and residents of rural communities; and
Whereas, The same research has found that the vast majority of Nevadas suicide victims are actually residents of Nevada, and not tourists as is the typical assumption; and
κ2003 Statutes of Nevada, Page 3658 (FILE NUMBER 29, SCR 3)κ
Whereas, In 2001, the Surgeon General of the United States issued a plan to reduce the nations high rate of suicide in his report National Strategy for Suicide Prevention: Goals and Objectives for Action, which recognizes the importance of gaining strong and broad support for suicide prevention through public awareness that suicide is a serious public health problem which is preventable; and
Whereas, According to the Surgeon General, it is important that suicide prevention be integrated into existing programs and activities at the community level, and one of the goals of the National Strategy is to develop and implement community-based programs for suicide prevention; and
Whereas, One of the objectives under this goal is to increase the number of states that have comprehensive plans for suicide prevention which coordinate across governmental agencies, involve the private sector and support the development, implementation and evaluation of such plans in each community; and
Whereas, Plans created by states may help communities address the local issues important in suicide prevention, for example, such issues as the rate of suicide being affected by the norms and cultural values of a community and the rate of suicide varying with factors such as the percentage of the population that resides in rural areas and the ethnic composition of the population; and
Whereas, Another goal of the National Strategy is to improve access to and community linkages with mental health and substance abuse services, and a related objective is to increase the number of cities and counties with outreach programs for health and social services that incorporate mental health services and suicide prevention for populations at risk of suicide; and
Whereas, Research conducted by public health and mental health agencies in Nevada indicates that there is a lack of public awareness of the seriousness of the suicide problem and a lack of coordination and communication between existing private and public agencies, particularly in communities in Clark County and many of the rural counties; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That in response to the Surgeon Generals goals relating to community-based programs for suicide prevention and linkages with mental health and substance abuse services, each city and county in Nevada is hereby urged to form a coalition of agencies and service providers to address suicide prevention through education, response and treatment, with the goals of reducing suicides in each community and providing support for the surviving family and friends of suicide victims; and be it further
Resolved, That the local programs for suicide prevention should be developed based on each communitys resources and needs; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Association of Counties, Nevada League of Cities and Municipalities, Director of the Department of Human Resources, Nevada Public Health Foundation, Nevada Chapter of the American Foundation for Suicide Prevention, Suicide Prevention Action Network USA, Inc., Dean of the University of Nevada Cooperative Extension at the University of Nevada, Reno, Executive Director of the Nevada Indian Commission, Nevada Chapters of the American Association of Retired Persons, Nevada Parent-Teacher Association, Nevada Hispanic Services, Inc.,
κ2003 Statutes of Nevada, Page 3659 (FILE NUMBER 29, SCR 3)κ
Inc., Nevada Association of Latin Americans, and Nevada Chapters of the National Association for the Advancement of Colored People.
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Senate Concurrent Resolution No. 4Committee on Human Resources and Facilities
FILE NUMBER 30
SENATE Concurrent RESOLUTION — Urging the Clark County Health District to plan and coordinate a public information campaign relating to suicide prevention and expand injury prevention efforts in Clark County.
Whereas, As a result of the National Suicide Prevention Conference convened in Reno, Nevada, in October 1998, the Surgeon General of the United States issued The Surgeon Generals Call To Action To Prevent Suicide in July 1999, emphasizing suicide as a serious public health problem; and
Whereas, Continuing attention to issues relating to suicide prevention and the significant role of services relating to mental health and substance abuse in suicide prevention are reflected in Mental Health: A Report of the Surgeon General and in the nations public health agenda, Healthy People 2010; and
Whereas, In 2001, the Surgeon General released his National Strategy for Suicide Prevention: Goals and Objectives for Action, which establishes a framework for action and guides the development of an array of services and programs aimed at reducing the nations rate of suicide and suicidal behavior; and
Whereas, The National Strategy approaches suicide as a public health problem, an approach that has helped the nation effectively address problems as diverse as tuberculosis, heart disease and unintentional injury; and
Whereas, Nevada has consistently ranked at the top of the listing of states with the highest suicide rates, and consistently averaged twice the national suicide rate; and
Whereas, Suicide is the fifth leading cause of death in Nevada, exceeded only by heart disease, cancer, pulmonary disease and stroke, and Nevada is the only state in which suicides outnumber deaths related to motor vehicles; and
Whereas, Clark County contains nearly 70 percent of the population of Nevada, a majority of the completed suicides occur there and the number of deaths by suicide in Clark County each year has increased from 223 in 1991 to 292 in 2001; and
Whereas, The Clark County Health District is the local public health agency serving residents and visitors in Clark County and has included suicide prevention, under the category of reducing injuries, in its top six priority areas in the project known as Healthy Clark County 2010, which implements the national public health agenda; and
Whereas, Public health and mental health providers recognize that Clark County lacks a comprehensive suicide prevention program, and because suicide prevention has been identified as a critical public health problem and the Clark County Health District is the lead public health agency in the County; now, therefore, be it
κ2003 Statutes of Nevada, Page 3660 (FILE NUMBER 30, SCR 4)κ
problem and the Clark County Health District is the lead public health agency in the County; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Clark County Health District is hereby urged to:
1. Plan and coordinate a public information campaign on suicide prevention; and
2. Expand injury prevention efforts relating to suicide prevention in Clark County and increase the Health Districts financial commitment to support such efforts; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chief Health Officer for the Clark County Health District and each member of the District Board of Health of Clark County.
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Senate Concurrent Resolution No. 5Committee on Human Resources and Facilities
FILE NUMBER 31
SENATE Concurrent RESOLUTION — Urging agencies in Clark County to cooperate in the establishment of a plan for suicide prevention in Clark County.
Whereas, For the past 17 years, the State of Nevada has led the nation in the rate of suicide, consistently averaging twice the national rate; and
Whereas, For the past 5 years, over 64 percent of completed suicides in our state occurred in Clark County, and during the year 2000, the rate of suicide in Clark County, which contains almost 70 percent of the States population, was 18.3 per 100,000, only slightly lower than the average for the entire State; and
Whereas, An extensive survey of existing agencies for suicide prevention located within Clark County has revealed a substantial lack of programs for public awareness regarding suicide prevention and a definite need for development and improvement of the quantity and range of services offered for suicide prevention throughout Clark County; and
Whereas, The survey also made apparent the need for a greater degree of coordination and communication among existing agencies in Clark County that provide resources relating to suicide and the prevention of suicide; and
Whereas, There is currently no organized effort in Clark County aimed at suicide prevention, and most of those employed in the health and injury prevention fields are not aware of any comprehensive list of resources relating to suicide prevention; and
Whereas, Any serious attempt to reduce the rate of suicide in Clark County will require a strong effort through the cooperation and coordination of agencies in the County to achieve a countywide coalition and partnership that can be an important component of an overall statewide strategy; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That governmental and nongovernmental agencies in Clark County, including, without limitation, the Clark County Board of Commissioners, the Clark County Health District, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies, emergency medical personnel, providers of health care and other similar community organizations and groups within Clark County, are hereby urged to cooperate in the establishment of a coordinated, comprehensive plan for suicide prevention for the communities within the County; and be it further
κ2003 Statutes of Nevada, Page 3661 (FILE NUMBER 31, SCR 5)κ
social service agencies, churches, public health clinics, school districts, law enforcement agencies, emergency medical personnel, providers of health care and other similar community organizations and groups within Clark County, are hereby urged to cooperate in the establishment of a coordinated, comprehensive plan for suicide prevention for the communities within the County; and be it further
Resolved, That the plan provide for effective and diverse programs for suicide prevention which can be implemented in the communities of Clark County, including, without limitation, programs that will:
1. Through evidence-based methods, reduce risk factors and enhance protective factors for suicidal behavior in persons of all ages;
2. Distribute educational materials which will increase the awareness of and reduce the stigma associated with suicide;
3. Create a telephone hot line for suicide prevention which is operated 24 hours per day, accredited or certified by a nationally recognized organization in the field of suicide prevention, and supported by existing funding for programs for suicide prevention by local governments in Clark County;
4. Refer persons who are at risk of committing suicide to services through which they can obtain appropriate assistance;
5. Develop a Clark County resource directory or an Internet website, or both, for suicide prevention and for assistance for survivors of suicide;
6. Train first responders and persons who regularly come into contact with persons or families in distress, such as clergy, police officers, emergency medical personnel, primary health care providers, mental health providers and school personnel;
7. Educate the public through the news media and distribution of guidelines regarding the availability of related services; and
8. Provide appropriate services to survivors of suicide; and be it further
Resolved, That the funding for these programs include a combination of nongovernmental support as well as support from federal, state and local governmental sources; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Clark County Board of Commissioners, Clark County Health District, Clark County Social Services, Suicide Prevention Center of Clark County, Nevada Public Health Foundation, Nevada Chapter of the American Foundation for Suicide Prevention, Suicide Prevention Action Network USA, Inc., Nevada Hospital Association, Psychiatric Emergency Services, Senior Mental Health Outreach Program, Elder Abuse and Neglect Unit of the Las Vegas Metropolitan Police Department, Lake Mead Geropsych Unit, Valley Hospital Geropsych Unit, Montevista Hospital, Southern Nevada Health Care System of the Veterans Health Administration, Director of the Department of Human Resources, Ombudsman for Aging Persons of the Aging Services Division of the Department of Human Resources, Administrator of the Health Division of the Department of Human Resources, Agency Director of the Southern Nevada Adult Mental Health Services of the Division of Mental Health and Developmental Services of the Department of Human Resources, and Administrator of the Division of Child and Family Services of the Department of Human Resources.
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κ2003 Statutes of Nevada, Page 3662κ
Senate Concurrent Resolution No. 24Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Griffin, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 32
Senate Concurrent RESOLUTION — Memorializing Nevada businessman and civic leader Tom Big Dog Wiesner.
Whereas, The residents of the State of Nevada were deeply saddened to learn of the passing of longtime resident, businessman and civic leader, Tom Big Dog Wiesner; and
Whereas, Tom Wiesner was born February 28, 1939, in Wausau, Wisconsin, later moving to Neenah, Wisconsin, with his family, where he graduated from Neenah High School in 1957; and
Whereas, Before graduating from the University of Wisconsin with a bachelors degree in education, in addition to other accomplishments, Tom Wiesner captained the Badger football team to a Big 10 title in 1959 and to the Rose Bowl in 1960; and
Whereas, In 1963, following a brief stint in professional football, Tom Wiesner moved to Las Vegas where he married Lynn Geary, a schoolteacher, in 1965, and became the proud father of daughter Kari and son Kurt; and
Whereas, Tom Wiesners various business ventures prospered, including real estate investment and the development of the Las Vegas Athletic Clubs and a chain of Wisconsin-themed restaurants, as did his commitment to the betterment and economic development of the Las Vegas community, including his involvement with the Clark County Commission, Nevada Development Authority, Nevada Chamber of Commerce, Greater Las Vegas Chamber of Commerce and the Las Vegas Convention and Visitors Authority; and
Whereas, Tom Wiesner showed an equal commitment to developing educational resources in Las Vegas by serving on the Clark County Community College Foundation, and then becoming a charter member of the UNLV Foundation and later a UNLV Foundation Trustee Emeritus and finally, because of his contributions, he was inducted into the UNLV Foundations Silver Medallion Society and received the UNLV Silver State Award; and
Whereas, In addition to supporting education in Nevada, Tom Wiesner also developed a love for his hometown team, the UNLV Running Rebels, serving on the UNLV Football Foundations Advisory Board and, in recognition of his contributions to the sports programs at UNLV, he was inducted into the UNLV Athletic Hall of Fame and the Southern Nevada Sports Hall of Fame, and even had a street named after him, Wiesner Way; and
κ2003 Statutes of Nevada, Page 3663 (FILE NUMBER 32, SCR 24)κ
Sports Hall of Fame, and even had a street named after him, Wiesner Way; and
Whereas, While Tom Wiesner was a big supporter of the UNLV Rebels, his heart remained true to his University of Wisconsin Badgers, a loyalty that was exemplified by his hosting of the Badger Desert Golf Classic, a Wisconsin alumni fundraiser, for the last 11 years in Las Vegas and his role in coordinating football games between Wisconsin and UNLV, drawing thousands of Wisconsin fans to Las Vegas for the games; and
Whereas, Among the many charities to which Tom Wiesner devoted his time and provided financial support were the Boys and Girls Clubs of Clark County, the United Way, the American Cancer Society and Easter Seals of Clark County; and
Whereas, In 1996, Tom Wiesner ran unopposed for a seat on the Board of Regents, where he remained a member until February 2002, when he resigned to spend time with his family, and in May 2002, the Board of Regents recognized his many contributions to the State of Nevada by naming him a recipient of its highest honor, the Distinguished Nevadan Award; and
Whereas, In addition to his love for Las Vegas and all things Wisconsin, Tom Wiesner also had a love for the GOP, where he served for nearly 2 decades as Republican National Committeeman, was well known for his financial and moral support of the party, and was named Republican Man of the Year in 1994; and
Whereas, Following his passing in June, UNLV instituted the Tom Wiesner Award, to be given to a senior football player who most exemplifies the leadership and courage that Tom Wiesner displayed throughout his life; and
Whereas, Tom Wiesner is survived by his beloved wife, Lynn, daughter Kari and son Kurt, all of Las Vegas, as well as a granddaughter and five brothers; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Senate and Assembly extend their heartfelt sympathy to the family of Tom Big Dog Wiesner; and be it further
Resolved, That Tom Wiesner will long be remembered for his compassion, honesty, quick wit and love of life, as well as his love for the GOP, Las Vegas and all things Wisconsin; and be it further
Resolved, That the people of the State of Nevada will long remember Tom Wiesners generosity to this state and to his community; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Tom Wiesners beloved wife, Lynn.
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κ2003 Statutes of Nevada, Page 3664κ
Assembly Concurrent Resolution No. 11Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 33
Assembly Concurrent RESOLUTION — Recognizing the efforts of the Nevada Music Educators Association.
Whereas, Music education stimulates the school setting and enhances the morale of pupils as well as the quality of the school environment; and
Whereas, Since there is a direct correlation between music instruction and aptitude in math and science, and because pupils develop a better understanding of history and culture through the study of music, music education stimulates not only the environment of a school but also the academic curriculum; and
Whereas, The positive effects of music education that emanate from the school environment expand to society in general because pupils learn skills in communication and interaction with others and because pupils who participate in school music programs are less likely to be involved with drugs, alcohol, or delinquent or criminal behavior; and
Whereas, Music education develops personal confidence as pupils acquire performance skills and participate in musical productions; and
Whereas, The study of music contributes to the overall development of young people by teaching them skills such as abstract reasoning, listening, reading, self-expression, creativity, teamwork and self-discipline; and
Whereas, Music education is a powerful force in broadening the horizons of young people and teaching them the skills necessary to succeed in the 21st Century; and
Whereas, The Nevada Music Educators Association is an association composed of dedicated persons who have chosen a profession in the field of music education; and
Whereas, The mission of the Nevada Music Educators Association, which serves all music educators in Nevada, is to promote music education, to ensure its inclusion in all students core curriculum, and to guarantee quality musical experiences for all learners; and
Whereas, All officers and all members who serve on committees of the Nevada Music Educators Association are volunteers who are dedicated to carrying out the mission of the Association; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature believe it is vital that every pupil have access to music education programs; and be it further
κ2003 Statutes of Nevada, Page 3665 (FILE NUMBER 33, ACR 11)κ
Resolved, That it is important to recognize the benefits of music education for pupils and for our society in general; and be it further
Resolved, That the members of the 72nd Session of the Nevada Legislature recognize and commend the efforts of the Nevada Music Educators Association in ensuring a music education for all young people; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to David Branson, past President for the Western Division of MENC, the National Association for Music Education.
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Assembly Concurrent Resolution No. 12Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 34
Assembly Concurrent RESOLUTION — Memorializing former Assemblyman and public servant Carl Shelly.
Whereas, The members of the Nevada Legislature note with sadness the passing of Carl Shelly on May 25, 2002, and recall that he was the last surviving member of any Legislature that convened during the 1930s and 1940s; and
Whereas, Carl B. Shelly, the son of Brady Michael and Marie Bunda Shelly, was born in Truckee, California, on March 16, 1905, and moved to Sparks with his family that same year, which, coincidentally, was the year the City of Sparks was incorporated; and
Whereas, Carl Shelly attended school in Sparks, delivered newspapers by horse and buggy, graduated from Sparks High School where he played on that schools very first football team and was attending the University of Nevada, Reno, when he met and married Barbara Bulmer in 1926; and
Whereas, At the age of 28, Carl Shelly was elected to the Sparks City Council, and in 1934 he was elected to represent Washoe County as an Assemblyman, a position he retained for three sessions of the Nevada Legislature from 1935 through 1939, during which he was appointed to many committees, including the Committee on Corporations and Railroads for all three sessions and the Committee on Education for two sessions; and
Whereas, After leaving the Assembly, Carl Shelly continued to work for his community during his five terms as a Washoe County Commissioner and as Chairman of the Civil Defense Organization for Washoe County during World War II; and
κ2003 Statutes of Nevada, Page 3666 (FILE NUMBER 34, ACR 12)κ
Whereas, Carl Shelly was active in the National Association of County Officials, served as President of the Nevada State Welfare Board and, in 1954, was appointed by President Eisenhower to the United States Advisory Commission to UNESCO, the United Nations Educational, Scientific and Cultural Organization; and
Whereas, Carl Shellys involvement in the business community included owning and publishing the Sparks Tribune with his wife, Barbara, from 1950 until 1960, operating the Sparks Fuel Company for many years with his father and brother, founding the Modern Home Mart and owning the Shelly Hardware Stores in Reno and Sparks; and
Whereas, Nonprofit organizations also knew the zeal of Carl Shelly who was a charter member of the Sparks Rotary and was honored by the Sparks Masonic Lodge for his membership which spanned 75 years; and
Whereas, Carl Shellys foremost volunteer passion was the preservation of the history of The Rail City through his support of the Sparks Heritage Museum which he helped found in 1985 and which now proudly displays an outstanding collection of wood carvings created by Carl in his later years; and
Whereas, Carl Shellys knowledge of the history of Sparks was a tremendous resource and he often spoke to classes at area schools who heard him declare with pride that he and the City of Sparks were the same age; and
Whereas, Carl Shelly, whose wife, Barbara, predeceased him, is survived by his children, Alice Schafer and Bruce Shelly, five grandchildren and seven great-grandchildren; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature extend their sincere sympathy to the family and friends of Carl B. Shelly; and be it further
Resolved, That the Sparks Heritage Museum will stand as a reminder of the enthusiasm of Carl Shelly who was instrumental in preserving the history of his city; and be it further
Resolved, That the example of Carl Shellys service to the political and economic welfare of his community will encourage the residents of Nevada to share their interests and talents for the good of this state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Carl Shellys children, Alice Schafer and Bruce Shelly.
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κ2003 Statutes of Nevada, Page 3667κ
Senate Concurrent Resolution No. 25Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 35
Senate Concurrent RESOLUTION — Memorializing aviation pioneer and philanthropist Moya Lear.
Whereas, The members of the Nevada State Legislature and the people of Nevada mourn the loss of one of its most endeared residents, Moya Olsen Lear, who passed away on December 5, 2001; and
Whereas, Moya Maria Olsen was born in Chicago, Illinois, on March 27, 1915, to Lillian, from whom she inherited her practicality, strength and ingenuity, and John Ole Olsen, part of the Vaudeville comedy team Olsen and Johnson and a comic genius, from whom she inherited the wit and charm for which she was so well known; and
Whereas, After attending Ohio State University and the Pace Institute in New York City, Moya Olsen worked for her father who was appearing in Hellzapoppin, one of the longest running Broadway reviews, and soon met Bill Lear, who was to become world famous as an inventor and aircraft designer; and
Whereas, After marrying in 1942, Moya and Bill Lear lived a whirlwind life together, traveling worldwide and meeting heads of state, movie stars, and kings and queens, while Bill continued his work, which included the design of the famous Lear Jet aircraft, with Moya supporting him through good times and bad; and
Whereas, The Lears moved to Nevada in 1967 when Bill Lear sold Learjet Industries and bought land and buildings adjacent to the deserted Stead Air Force Base to start a new company; and
Whereas, Moya Lear became a patron of the arts, serving on the board of directors of many organizations, including the Nevada Opera Association, the Nevada Festival Ballet and the Sierra Arts Foundation, and providing a substantial donation that enabled the remarkable transformation of Renos Christian Science Church into an extraordinary community theater, named the Lear Theater in her honor; and
Whereas, A great supporter of education, Moya Lear established the Bill and Moya Lear Foundation Scholarship Fund and used her Amelia Earhart Pioneering Achievement Award to fund scholarships for women majoring in aeronautical science at Embry-Riddle Aeronautical University, where she also established the Moya and Bill Lear Endowed Scholarship; and
κ2003 Statutes of Nevada, Page 3668 (FILE NUMBER 35, SCR 25)κ
Whereas, For her never-ending generosity with her money, her time and her passionate spirit, Moya Lear has been awarded many honors, including six honorary doctorates, and was inducted into the halls of fame of such organizations as the Women in Aviation Pioneers, the United States Achievement Academy, Nevada Business Leaders and the Nevada Womens Fund; and
Whereas, In 1999 Moya Lear was nominated for the Ageless Heroes Program which honors persons over 65 years of age who serve as role models in six categories: vigor and vitality, community involvement, love of learning, creative expressions, winning against the odds and bridging of generations, all qualities she possessed, making her a role model and true inspiration for people of all ages and genders; and
Whereas, After 36 years of marriage, Moya Lear lost her beloved Bill, who asked her, as his last wish, to finish his dream of building the Lear Fan, a new airplane considered daring and innovative; and
Whereas, Although Moya Lear did not consider herself a businesswoman, she assumed leadership of LearAvia and, surrounding herself with dedicated employees, guided the initial production and flight testing of the Lear Fan prototypes, fulfilling Bills dream; and
Whereas, Moya Lear was a devoted mother and considered her children, grandchildren and great-grandchildren as one of her proudest accomplishments; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Moya Lear has enriched the lives of all who knew her and, with her legacy of generosity through education, culture and the arts and her dedication to humanity, has left all the people of Nevada better for having had her in our lives; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to John, Shanda, David and Tina, the children of Moya Lear.
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Senate Resolution No. 5Senators Raggio, Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 36
Senate RESOLUTION — Inducting Warren L. Snowy Monroe 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 who have made exemplary contributions to the State of Nevada; and
Whereas, Warren L. Monroe, fondly known as Snowy by his friends and colleagues, served three terms in the Nevada Assembly and in 1958 was elected to the Senate where he served nine consecutive sessions for a total of 24 years of service in the Legislature; and
Whereas, Warren Monroes years as a Senator included five terms on the Senate Judiciary Committee, four of those as Chairman, and five terms on the Transportation Committee, serving as Chairman in 1965 on that committees predecessor, the Aviation, Transportation, and Highways Committee; and
κ2003 Statutes of Nevada, Page 3669 (FILE NUMBER 36, SR 5)κ
on the Transportation Committee, serving as Chairman in 1965 on that committees predecessor, the Aviation, Transportation, and Highways Committee; and
Whereas, During his legislative service, Warren Monroe was instrumental in the development of the program for state historical markers, the adoption of the Uniform Commercial Code and the establishment of the Commission on Peace Officers Standards and Training; and
Whereas, After decades of involvement with the Humboldt Star and the Elko Independent newspapers, Warren Monroe was honored with the Silver Makeup Rule Award presented by the Nevada State Press Association in recognition of his longtime service to the business, the State and his community, and it was this award that earned him posthumous induction into the Nevada Newspaper Hall of Fame upon its resurrection in 1998; and
Whereas, Warren Monroe was named Distinguished Nevadan in 1986, and was known for his colorful personality that brightened the day for everyone with whom he came in contact; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Warren L. Monroe, who dedicated his life to the best interests of the people of Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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Senate Resolution No. 6Senators Raggio, Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 37
Senate RESOLUTION — Inducting Lawrence E. Jacobsen 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 who have made exemplary contributions to the State of Nevada; and
Whereas, Lawrence E. Jacobsen holds the record for legislative service in the history of Nevada with 16 years in the Assembly and 24 years in the Senate during which time he also represented Nevada on several committees of the National Conference of State Legislatures and the Council of State Governments; and
Whereas, During his four decades as a Legislator, Lawrence Jacobsen served on many and varied committees including the Legislative Commission for 26 years and the Interim Finance Committee for 12 years and presided with dignity over the Senate as President pro Tempore for seven regular legislative sessions and three special sessions; and
Whereas, While advocating legislation covering a multitude of important topics, including state forestry projects, fire control, agriculture and ranching, corrections facilities and programs, and prison industries, Senator Jacobsens unceasing interest in the maintenance and improvement of the Capitol Complex and its grounds was instrumental in the construction of the present Legislative Building as well as its expansion and renovation before the 1997 session; and
κ2003 Statutes of Nevada, Page 3670 (FILE NUMBER 37, SR 6)κ
of the present Legislative Building as well as its expansion and renovation before the 1997 session; and
Whereas, Senator Jacobsen has been a strong voice in support of legislation benefiting veterans and has served his community through various civic organizations; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Lawrence E. Jacobsen, with gratitude for his long and dedicated service to the legislative process and to the people of Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 13Assemblymen Parks, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Rawson, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 38
Assembly Concurrent RESOLUTION — Designating March 31, 2003, as Homeless Awareness Day in Nevada.
Whereas, The 2002 Needs Assessment report from the Division of Mental Health and Developmental Services of the Department of Human Resources indicates there were 7,612 people in homeless shelters in Las Vegas and Reno in the year 2000, with a need to serve at least 16,049 people, and with 42 percent of these being families with children under 18 years of age; and
Whereas, Recent estimates from service and housing providers indicate there are at least 16,300 literally homeless and precariously housed people in the greater Las Vegas area and approximately 6,500 literally homeless and precariously housed people in the Reno and Sparks area; and
Whereas, Nationally, approximately 11 percent of homeless people are veterans, but nearly one-third of the homeless population in Clark County are veterans; and
Whereas, In Nevada, approximately 55 percent of the homeless population are white, 35 percent are African-American and 10 percent are Latino; and
Whereas, Studies indicate that between 70 and 80 percent of the homeless people in Nevada are unemployed, while those who are employed work day-labor jobs earning less than $400 a month; and
Whereas, According to service and housing providers, the major barriers homeless people face in trying to find employment are the lack of child care, unmet needs regarding transportation, disqualifying criminal backgrounds, inability to afford a Sheriffs card or other costs, and potential employers distrust and lack of understanding about their situation; and
κ2003 Statutes of Nevada, Page 3671 (FILE NUMBER 38, ACR 13)κ
backgrounds, inability to afford a Sheriffs card or other costs, and potential employers distrust and lack of understanding about their situation; and
Whereas, The Focus on Homeless Families with Children Policy Academy, a federally sponsored program consisting of key state and local administrators, state Legislators and nonprofit executives has prepared a State Action Plan, and continues to meet and gather data on various aspects of homelessness, including establishing baseline data on the homeless client population, developing an inventory of affordable housing units, and developing an inventory of services for homeless clients; and
Whereas, The Task Force for the Fund for a Healthy Nevada awarded Community Chest, Inc., a grant of $89,000 for Fiscal Year 2003-2004 and $25,000 for Fiscal Year 2004-2005 to create a documentary on homeless youth in Nevada; and
Whereas, The members of the Nevada Legislature recognize the outstanding efforts of the numerous state and local governmental agencies and various nonprofit entities dedicated to fighting the homeless problem in the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 31, 2003, is hereby designated as Homeless Awareness Day in Nevada; and be it further
Resolved, That the members of the 72nd Session of the Nevada Legislature hereby express their commitment to creating a greater public awareness of the problem of homelessness in Nevada and to continue to work cooperatively to solve this problem; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Marybel Batjer, Chief of Staff to Governor Kenny C. Guinn and Chairman of the Nevada Policy Academy Team on Homeless Families with Children.
________
Senate Concurrent Resolution No. 27Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Knecht, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 39
Senate Concurrent RESOLUTION — Designating April 3, 2003, as Kiwanis Day in the State of Nevada.
Whereas, Eighty-eight years ago the Benevolent Order 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
κ2003 Statutes of Nevada, Page 3672 (FILE NUMBER 39, SCR 27)κ
Whereas, The following year the clubs name was changed to Kiwanis, a form of Nunc Kee-wanis, an Otchipew Native American phrase which means We make a noise, We have a good time or We trade or advertise; and
Whereas, The members of Kiwanis work toward six principles, (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 divisions, which consist of Division 23 of Northern Nevada, Division 28 of Southern Nevada and Division 45 of Central Nevada, for their long history of service to communities in this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby designate April 3, 2003, as Kiwanis Day in the State of Nevada, in recognition of the dedication toward helping others and the accomplishments achieved by the 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 Mark W. McDonald and Governor-Elect Les G. Wixon, Lieutenant Governor Paul A. Richied and Lieutenant Governor-Elect Edward Lynn of Division 23, Lieutenant Governor Phillip A. Kohen and Lieutenant Governor-Elect Elaine Goins of Division 28, and Lieutenant Governor George H. Alm and Lieutenant Governor-Elect Steven Lee of Division 45.
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Senate Joint Resolution No. 5Committee on Judiciary
FILE NUMBER 40
SENATE Joint RESOLUTION — Proposing to amend the Nevada Constitution to allow the Legislature to establish an intermediate appellate court.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 3A, be added to Article 6 of the Nevada Constitution to read as follows:
Sec. 3A. 1. The Legislature may provide by law for the creation of a Court of Appeals.
2. If the Legislature creates a Court of Appeals pursuant to subsection 1, then:
(a) The Court of Appeals must consist of three judges or such greater number as the Legislature may provide by law. If the number of judges is so increased, the Supreme Court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.
(b) After the initial terms, each judge of the Court of Appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election.
κ2003 Statutes of Nevada, Page 3673 (FILE NUMBER 40, SJR 5)κ
January next after the election. The initial judges must be elected by the qualified electors of this state at the first general election following the creation of the Court of Appeals. The initial terms of the judges must be staggered so that one judge serves for an initial term of 2 years, one for 4 years and one for 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The Legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.
(c) The Supreme Court shall appoint one of the judges of the Court of Appeals to be Chief Judge. The Chief Judge serves a term of 4 years and may succeed himself. The Chief Judge may resign his position as Chief Judge without resigning from the Court of Appeals.
And be it further
Resolved, That Section 1 of Article 6 of the Nevada Constitution be amended to read as follows:
Section 1. The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, if established by the Legislature, District Courts [,] and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.
And be it further
Resolved, That Section 4 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 4. 1. The
supreme court [shall] and the court of appeals, if established by the legislature,
have appellate jurisdiction in all
civil cases arising in district courts, and also on questions of law alone in
all criminal cases in which the offense charged is within the original jurisdiction
of the district courts. The
legislature shall fix the jurisdiction of the court of appeals.
The supreme court [shall]
and the court of appeals
also have power to issue writs of mandamus, certiorari, prohibition, quo
warranto [,] and habeas corpus and also all
writs necessary or proper to the complete exercise of [its appellate]
their jurisdiction.
Each [of the justices shall have power to] justice of the supreme court and judge
of the court of appeals may issue writs of habeas corpus
to any part of the state, upon petition by, or on behalf of, any person held in
actual custody [,] in this state and may make such writs
returnable [, before himself] before the issuing justice or judge or the [supreme
court,] court
of which the justice or judge is a member, or before any district
court in the state or [before] any judge of [said
courts.] a
district court.
2. In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate justices] a justice of the supreme court, [or any two of them,] the governor [is authorized and empowered to designate any] may designate a judge of the court of appeals or a district judge [or judges] to sit in the place [or places of such] of the disqualified or disabled justice .
κ2003 Statutes of Nevada, Page 3674 (FILE NUMBER 40, SJR 5)κ
supreme court, [or any two of them,] the governor [is authorized and empowered to designate any] may designate a judge of the court of appeals or a district judge [or judges] to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the governor is entitled to receive his actual expense of travel and otherwise while sitting in the supreme court.
3. In case of the disability or disqualification, for any cause, of a judge of the court of appeals, the governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
And be it further
Resolved, That Section 7 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 7. The times of holding the Supreme Court , the Court of Appeals and the District Courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the Court of Appeals must be held at the place provided by law. The terms of the District Courts [shall] must be held at the County seats of their respective counties unless the Legislature otherwise provides by law.
And be it further
Resolved, That Section 8 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 8. 1. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
[The provisions of this section affecting the number,
qualifications, terms of office and jurisdiction of Justices of the Peace
become effective on the first Monday of January, 1979.]
2. The Legislature shall also prescribe by law the manner, and determine the cases , in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts [,] and such other Courts [,] as the Legislature shall designate [, shall be] are Courts of Record.
And be it further
Resolved, That Section 11 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 11. The
justices of the supreme court ,
the judges of the court of appeals and the district judges [shall
be] are
ineligible to any office, other than a judicial office, during the term for
which they [shall] have been elected or appointed . [; and all]
All elections or appointments of any such judges by the
people, legislature [,] or otherwise [,]
during said period [,] to any office other than judicial [,
shall be] are
void.
κ2003 Statutes of Nevada, Page 3675 (FILE NUMBER 40, SJR 5)κ
And be it further
Resolved, That Section 15 of Article 6 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and the District Judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment . [; and provision shall] A provision must be made by law for setting apart from each years revenue a sufficient amount of Money, to pay such compensation.
And be it further
Resolved, That Section 20 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court , the court of appeals, if established by the legislature, or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.
κ2003 Statutes of Nevada, Page 3676 (FILE NUMBER 40, SJR 5)κ
of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
And be it further
Resolved, That Section 21 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 21. 1. A justice of the supreme court, a judge of the court of appeals, if established by the legislature, 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. 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
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party.
κ2003 Statutes of Nevada, Page 3677 (FILE NUMBER 40, SJR 5)κ
appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. 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;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
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.
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] must 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.
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 judge of the court of appeals, no judge of the court of appeals 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.
κ2003 Statutes of Nevada, Page 3678 (FILE NUMBER 40, SJR 5)κ
appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
11. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
And be it further
Resolved, That Section 3 of Article 7 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House [,] which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals, if established by the Legislature, and the Judges of the District Courts [shall] must be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature . [, and the] The Justice or Judge complained of [, shall] must be served with a copy of the complaint against him [, and shall] and have an opportunity of being heard in person or by counsel in his defense . [, Provided, that no member] No Member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That Section 8 of Article 15 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy
publication of all Statute laws of a general nature [,]
and such decisions of the Supreme Court [,] and the Court of Appeals, if established
by the Legislature, as it may deem expedient . [; and all] All laws and
judicial decisions [shall] must be free for publication by any person . [; Provided,
that no] No judgment of the Supreme Court or the Court of Appeals
shall take effect and be operative until the Opinion of the Court in such case [shall
be] is filed
with the Clerk of said Court.
________
κ2003 Statutes of Nevada, Page 3679κ
Senate Concurrent Resolution No. 28Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 41
SENATE CONCURRENT RESOLUTION — Memorializing journalist, distinguished writer and newspaper executive, Rollan Melton.
Whereas, The members of the Nevada Legislature join the family and friends of Rollan Melton in mourning the passing and remembering the life of the man who believed that the chief mission of any good newspaper should be to provide readers with the information necessary to understand their communitys past and present; and
Whereas, Born in Boise, Idaho, on July 24, 1931, Rollan Melton moved with his family from town to town and attended 18 different elementary schools by the time his mother settled in Fallon, Nevada, where Rollan attended high school, played high school football and got a job as an apprentice printer at the Fallon Standard; and
Whereas, The Fallon High School faculty voted to award Rollan a Harolds Club college scholarship which gave him the opportunity to attend the University of Nevada, Reno, where he continued the dual disciplines of football and journalism that would set him on a course for the remainder of his life; and
Whereas, After his graduation from the University of Nevada, Reno, in 1955, Rollan spent 2 years in the United States Army, during which he was appointed Public Information Officer of the 1st Infantry Division at Fort Riley, Kansas, and was asked to coach the Forts football team; and
Whereas, Following his discharge from the Army, Rollan Melton joined the Reno Evening Gazette and became its Sports Editor in 1957, its Promotion Leader following an attempted work stoppage at the newspaper, its Editor by the age of 32 and, with just 9 years in the company, the Publisher of both the Reno Evening Gazette and the Nevada State Journal in 1966; and
Whereas, Rollans seemingly insatiable appetite for knowledge and his ability to learn from everyone with whom he worked spurred his career in the world of journalism which continued when Rollan became Vice President of the Speidel Newspaper Group in 1969, was chosen its President just 3 years later, and after Speidel merged with the Gannett newspaper chain in 1977, was named Senior Vice President of Gannetts Western Division and a Gannett board member; and
Whereas, After only 2 years, Rollan resigned his vice-presidency and returned to Reno to write his popular column in the Reno Gazette-Journal because, as he expressed it in the preface to his book Nevadans, he yearned to go back to the people and the telling of their stories; and
κ2003 Statutes of Nevada, Page 3680 (FILE NUMBER 41, SCR 28)κ
because, as he expressed it in the preface to his book Nevadans, he yearned to go back to the people and the telling of their stories; and
Whereas, During his 24 years as a columnist for the Reno-Gazette Journal, Rollan Melton used his wit and love of the people of Nevada to paint story pictures which Robert Laxalt called a mosaic of the personality, character and attitudes of the true Nevadan that could only be written by someone with sensitivity to the states people; and
Whereas, Some of Rollan Meltons nearly 4,000 newspaper columns are presented again in his books, Nevadans, and 101 Nevada Columns, and these books, along with his autobiographical Sonnys Story: A Journalists Memoir, that relates an American success story of almost mythic proportions, validate his membership in the Nevada Writers Hall of Fame, which named him a 2001 Honoree; and
Whereas, Named Distinguished Nevadan in 1979 and inducted into the Nevada Newspaper Hall of Fame in 1998, Rollan Melton will also be remembered for his involvement in philanthropic organizations, which included his generous support of and deep interest in the University of Nevada Oral History Program; and
Whereas, Rollan Melton is survived by his wife Marilyn, his sons, Royle, Wayne and Kevin, his daughter, Emelie Williams, and his grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their heartfelt sympathy to the family and friends of Rollan Melton; and be it further
Resolved, That the Rollan Melton Elementary School, which opened in northwest Reno in the fall of 2002, and the Rollan D. Melton Post Office Building, which was named by Public Law 107-267, passed on October 30, 2002, will remind Nevadans of the man who enriched lives with his compassionate and humorous stories of the legends and the unknowns of this state; and be it further
Resolved, That Rollan Meltons life, in his own words an against-all-odds trip, from ragamuffin little kid to director on the governing board of one of the premier media corporations of all time, will encourage everyone who knew him, personally or through his writing, to grow continually toward the potential that is available through preparation and hard work; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his loving wife, Marilyn Melton.
________
κ2003 Statutes of Nevada, Page 3681κ
Senate Resolution No. 7Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener
FILE NUMBER 42
Senate RESOLUTION — Commending Sonny King for his lifetime contribution as an entertainer.
Whereas, Although the birth name Louis Antonio Donato Schiavone may not be readily recognizable to many, the stage name Sonny King brings a smile to the faces of millions of people who have enjoyed a performance by this world-class entertainer; and
Whereas, Since he was 15 years old, Sonny King has been delighting audiences with songs, jokes and comedy routines on stage in a style that is described as sincere, honest and having a comedic flair with the easy approach of Sinatra; and
Whereas, Sonny King began his career as a singer and emcee in Hudson, New Jersey, where he did 42 shows a week for $60; and
Whereas, He built his act at the famed Copacabana and Havana Madrid in New York City and, after being recognized as having the enviable ability to relate and adapt to all audiences, was invited to move to Las Vegas and become a part of the show at the Sahara; and
Whereas, Three years later, at the age of 23, Sonny joined Jimmy Durante at the Desert Inn in a partnership that lasted an incredible 28 years, with routines that never became stale because Sonny and Jimmy genuinely enjoyed working with each other and because the audience felt their love of showmanship and never grew tired of watching the two of them have a good time on stage; and
Whereas, After being introduced to Frank Sinatra, Sonny became a close friend of the Rat Pack, was affectionately nicknamed the Lounge Giant by that group, who defined cool during the early 1960s, and demonstrated his extensive talent by writing many of the one-liners and jokes that Sinatra used on Dean Martin when the two of them performed their act; and
Whereas, During the course of Sonnys career, he has headlined at the Sahara, Desert Inn, Sands, Dunes, Frontier and Stardust in the Entertainment Capital of the World, and he has probably performed with more stars than anyone in the entertainment business, including Red Skelton, Dean Martin, Jerry Lewis, Danny Thomas, Burt Bacharach, Joey Bishop, Shecky Greene and many others; and
Whereas, This artists domain is certainly not limited to one city, as he has performed at such prestigious establishments as the Chez Paree and Palmer House in Chicago, Madison Square Garden in New York and the Diplomat in Miami; and
Whereas, Also internationally acclaimed, Sonny King has starred at the Palladium Theater in London and the La Scala Opera House in Milan, has headlined in Scotland, Ireland and Greece, and has even given a command performance at Windsor Castle; and
Whereas, Not limited to live performances, Sonny King has entertained millions through the media of television and motion pictures, with 21 appearances on the Merv Griffin Show as well as special guest appearances on the shows of Mike Douglas, Johnny Carson and Ed Sullivan and roles in four movies, including the original Oceans 11 and Robin and the Seven Hoods; and
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appearances on the Merv Griffin Show as well as special guest appearances on the shows of Mike Douglas, Johnny Carson and Ed Sullivan and roles in four movies, including the original Oceans 11 and Robin and the Seven Hoods; and
Whereas, In addition to the continuous adoration and respect from his audiences, Sonny has received awards such as induction into the Casino Legends Hall of Fame at the Tropicana and the Lifetime Achievement Award of the Variety Club International; and
Whereas, Although one might think that after 6 decades filled with such expense of energy and accomplishments Sonny King would be ready to retire and take it easy, he still loves performing and living his belief that he was put on this earth to serve and entertain the people and if he can get the man or woman in the audience to forget their troubles for as long as he is on stage, then he is serving his purpose on this earth; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the Senate of the 72nd Session of the Nevada Legislature do hereby commend Sonny King for his lifetime contribution as an entertainer in this state and throughout the world; and be it further
Resolved, That the Senate of the State of Nevada hereby honors Sonny King as a legend in his own time and appreciates that he has unselfishly shared his talent to make the world a more enjoyable place; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Sonny King.
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Assembly Concurrent Resolution No. 15Assemblymen Buckley, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener
FILE NUMBER 43
Assembly Concurrent RESOLUTION — Memorializing longtime advocate for senior citizens, Clarence Edwin Ed Fend, Jr.
Whereas, The members and staff of the Nevada Legislature were recently saddened to learn of the death of Ed Fend on November 24, 2002; and
Whereas, Clarence Edwin Ed Fend, Jr., was born in Butler, Pennsylvania, on May 22, 1928, to loving parents who bestowed upon him a strong sense of family and patriotism; and
Whereas, Shortly after his graduation from high school in 1946, Ed Fend enlisted in the United States Navy and, over the next 9 years, advanced through the enlisted ranks and earned the title of Electronics Technician First Class; and
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through the enlisted ranks and earned the title of Electronics Technician First Class; and
Whereas, Ed Fends strong love of country prompted him to enroll in Officer Candidate School in May 1955, and he was commissioned as Ensign and eventually rose to the rank of Captain; and
Whereas, During his military career, Captain Fend was commander of the USS Cree ATF-84 and the USS Sample DE-1048 and heroically served in the Korean War, the Vietnam War and other campaigns, earning him the Legion of Merit, the Meritorious Service Medal, the Bronze Star Medal, the Navy Good Conduct Medal and the Combat Action Ribbon; and
Whereas, After his retirement from the Navy in 1981, Captain Fend advocated for the welfare of senior citizens in Nevada as a lobbyist for the American Association of Retired Persons and as a legislatively appointed member of the Task Force for the Fund for a Healthy Nevada; and
Whereas, Ed Fend was known for his genteel demeanor and his ever-present smile, and was respected for his informed and concise testimony regarding issues important to seniors; and
Whereas, Ed Fend is survived by his wife, Jacki H. Fend, and his children, John E. Fend, James I. Fend and Debora B. McElroy; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of Captain Clarence Edwin Fend; and be it further
Resolved, That Captain Fends memory as a devoted husband, father and friend, his dedication to our country and his strong advocacy for senior citizens in our State will never be forgotten; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Captain Fends loving wife, Jacki.
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Senate Concurrent Resolution No. 30Senators Amodei, McGinness, Washington, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, OConnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend and Wiener
Joint Sponsors: Assemblymen Grady, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams
FILE NUMBER 44
Senate Concurrent RESOLUTION — Memorializing dedicated firefighter and longtime Yerington resident Marvin Carr.
Whereas, The members of the Nevada State Legislature mourn the loss of Marvin Carr who passed away on September 17, 2002; and
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Whereas, Marvin Carr was born in Salida, Colorado, to Chester and Irene McCollum Carr; and
Whereas, Marvin Carr graduated from Smith Valley High School and served in the United States Army National Guard for 9 years; and
Whereas, Nancy Wines and Marvin Carr were married in Smith Valley on July 17, 1955; and
Whereas, A Yerington resident for 41 years, Marvin Carr was a dedicated firefighter who served the residents of the State of Nevada in various capacities during his career in fire service spanning over 40 years; and
Whereas, After beginning as a volunteer firefighter for Lyon County in 1955, Marvin Carr chose fire fighting as his profession, serving much of his career with the Mason Valley Fire Protection District and the Central Lyon County Fire Protection District; and
Whereas, Marvin Carr was appointed Lyon County Fire Marshal in 1971, where his responsibilities included blueprint checks for public buildings, fire investigation, and inspections for conformance with fire and uniform building codes; and
Whereas, In 1986 Marvin Carr was appointed Fire Chief for the newly formed Central Lyon County Fire Protection District; and
Whereas, Marvin Carr was named as the Director of Lyon Countys Emergency Management Division in 1991 and as the Executive Director of the State Emergency Response Commission in 1996; and
Whereas, In 1998 Marvin Carr was appointed as the State Fire Marshal, the head of the State Fire Marshal Division of the Department of Public Safety for the State of Nevada; and
Whereas, Marvin Carr also served as past president and was a life member of the Nevada State Firefighters Association, a member of the Nevada Fire Chiefs Association and the Nevada Emergency Preparedness Association and, in 1997, was selected to the International Whos Who of Professionals Representing the Fire Service; and
Whereas, Marvin Carr is survived by his wife Nancy, sons Gene and Steven, brother Bill Young, mother Irene, stepfather C. W. Hamilton and three grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their sincere condolences to the family and friends of Marvin Carr; and be it further
Resolved, That Marvin Carr will be remembered for his many contributions to Nevada fire services and for his dedication and commitment to making Nevada a safer place to live; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Marvin Carrs beloved wife Nancy.
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