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• • COMMITTEE ON FEDERAL, STATE AND LOCAL GOVERMMENTS

Minutes or Meeting -- March 3, 1971

The seventeenth meeting of the Committee on Federal, State and Local Governments was held on the 3rd day of Maroh• 1971.

Committee me•bere present:

Also present were:

James I. Gibson Coe Swobe Warren. r.,. Monroe Chio Hecht Stan Drakulieh

Mrs. Charles Johnston (Wild Hora• Annie)

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Michael Pontrelli, Department or Biology. University ot Nevada El1aab&th Saka.oh, Advisory Boa~d, Animal Welfare League of Nevada Barbara Conderos. Mevada Humane Society Hon Bath, Teacher, Reno High School Bill Taylor Dee Hubbard Max L. Jones Penny Walen, Exeeutive Secretary, Nevada Horseman's Association Carl Baker, President, Washoe Horseman's Assooiat-¼--on-Mrta. Howard Haberman, Military orr1eers Wives Club Yvonne Fisher, Vaqueros J. a. Cunningham, State Asaoo1ation of County Commissioners Grover Swallow. Aaaemblyman Clint Salmon, Storey County Commissioner Jack Flannigan, Storey County Assessor Lester Ruaaell, Washoe County Park and Recreation Department

Press repreaentat1vea

The tirat part or this meeting was held in public hearing room number 131 for the p~rpose or hearing testimony on SB~lQ,'.Z., and started at 2:30 P.lli.

SB-107 Designates mustang as official state animal of Nevada.

Chairman Gibson introduced Senator Young, who would be acting aa moderator for the purpose of this meeting. The first speaker to be heard was Mrs. Charles Johnston (Wild Horse Annie). A oopy or her presentation 1a attaoh•d hereto aa Exhibit "A."

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• • Further testimony- 1n support or SB-107 waa also aubmitted by the following speakers:

MICHAEL J. PONTRELLI, Department or Biology, University of Nevada. ELIZABETH SAKACH• Advisory Board of the Animal Welfare League or Nevada. BARBARA CONOEROS, Nevada Humane Society. RON BATH, Teacher at Reno High School, Petition attaohen hereto aa Exhibit •a•. BILL TAILOR. Copy of petition attached hereto ,us Exhibit •c•. DEE HUBBARD. MAX L. JONIS, Carson Valley. CARL BAUR, President or the Washoe Horseman's Aa•oc1at1o.n. MRS. HOWARD HABERMAN, Nevada Military ortioer•s W1:v:es Club MRS. YVONNE FISHER, Nevada Vaqueros. Statement attached aa Exhibit •o•.

Following several 1ntroduct1ona from the audience, the meeting waa adJourned for 10 minutes •

The meeting 1n Room 243 was called to order at 3:30 P.M. by Chairman Gibson.

AB-43 Perm1ta W'aahoe County to have 99-year lease on fairgrounds ..

Senator Swobe stated the reason tor thia proposal was that the County or Washoe hae expended over one-half million dollars 1n the last rew yoara and theJ nave a maater plan under which they will expend even more. Mr, Cunningham submitted leaaea to Senator Swobe on this property and a etatement With regard to the fairgrounds and what haa been done. A copy ot that 1nt'or­nt1on is attached hereto as Exhibit •E".

Senator Swobe moved 8 .Amend and Do Pase," aecond•d by Senator Monrooe. The motion carried.

A.B-273 Provides staggered terms and removes reatr1et1on on :reappointment of members of Nevada state oounc11 on the arte.

Senator Swobe moved aoo Pasa," seconded by Senator Drakulioh. The motion carried •

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• • Provides tor separate- election of county comm.1as1onera.

Mr~ Cunningham explained that the purpose of this °"111 is to allow contests in counties ~hero the population 1a. l4Uts than 100.000, ao that they run against each ot.her 1,nat.•ad .of running at large. Thia was requested by Elko County.

Senator Swobe, moved "Do Pasa •" seconded by S•nator M1.n:1roe. The motion carried.

Requires county to sell delinqtt-ent. pa.tented mining claims.

14?-. Salmon and Mr. Fla.nntpn appeared b• i°OJ;"G'. t•· ~~it-tee to urge ·P••uu1ge. of AB-57. They explaJ.ned thai: 1'~t ~h.l,•~ bill does e-ataeniiiall.B is allow the eourity co~laaSori•l't to<aell patented. mining cla.ima after ~hey havtt been ownel by. the county ~or one year. UndeP ~h• present law t4•Y have to we,11 trn,&e patented mining claims f:or on• year•• b.aok tax••• .-ntfh may be as low aa $15. 00 tor 20 aorea. Tbe1 need .new way,,:.~• JJenet"ate money and teal 1t they have to oont1JJ;Ue to O't'>MfJ\Y td,t~ the old law they are practically giving th1a land awa1,,. · : A atcta:tement with rererenoe to AB-57 1.& attached hereto a• Exh1b'i't '"F".

Senator swot>• moved "Do Pass." seeon-ded bf Senator M~ht. The motion ca.t-rted.

Asaembly,man Swallow.gave baokground 1ntormat1on eencerning this p!'~lem. ·The gnatest dollar loss 14• oon•1•ten~1, l>e.t:ti,, in 2nd elaa'f.J mail {news'paptu•s,. pttr1od1,cala) • but tld.s,. \>:ll'l 4f:t.a1a only with )rd· olase. mail. Thia constata or mercliamt1a,e·• ~lnted mJtter not 1n lat and 2nd classes. He pointttd qut ,tl$t in 1968 3rd class mail consisted of a loaa ot revenue to the-.government of! 400.8 milli.on d¢llars.

s~mator Swobe moved "Do Pass," seconded by Senator HEMtht. '!'he motion carted.

,SB-208 .R•moves l1mitat1on,.on apporu1ormi.ent ot county M>ad fund to tncox,,or-ated eittee.

Senator Monroe stated that he had :reservat,.1qna c9®eJ"';liing the o:1t1es being able to use additional money ,on th~i;:tt roads and poseib1y leaving the.counties without t:unds .. 1'61).~,ng discussion 1t Wll» decided ·to delay action on this until til~·tuu, information oould be obtained.

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SB-192 Enacts new Henderson city charter.

Chairman Gibson read the proposed amendments to sa-192. Senator Swobe moved •Amend and Do Pa•••" seconded by Senator Hecht. The motion carried.

SS-107 Designates mustang aa Nevada state animal.

Senator Drakulich moved •0o Paes," seconded by Senator Swobe. The motion carried.

Provides tor revote where voting machine malfunctions.

Chairman Gibson explained that this bill would allow only thoae on the voting register to part1e1pate 1n a re-vote. There waa 41aouaa1on coneern1ng the possible alternatives to this proposa..l.

Senator Monroe moved "Do Pass,• seconded by Senator Recht. The motion carried.

There being no further business. the meeting vaa adjourned •

Respeottully submitted,

Rary Jean ·,onat. Committee Secretary

Jam.a :t. rn::s.on. Committee ChaiPman

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• Senator JBI:les Gibson, Chairman, Coillluittee on Federal, State and Local Governments, Nevada State Legislature, Carson City, Nevada

• S. B. 107

It was almost two dec::i.des ago thn.t th0 first e.ct ever to inure to th0

benefit of the wild horses &'1d bi_i_rros of Hestern k:,erica bok pl?..ce, in the Storey

Cou.11ty Courthouse in Vire.inia City, Neva1a, when th0 Bo2.rd of Cotmt.y Cc::-2,,uss:io:1srs

adopted a. resolut:l..on pro hi bi tin: ai;'bome and sech-mized pursuit and c2.ptur0 1-;lt:iin

the county. Three years later, th9 Fevada State Legislature passed a si.rnilr1r

:neasc1re •• tho on_ly state in th,3 ns.tion to have such a low on its books. Fol.ll"

y?-crs after thr,t, Con:ress enacted what has come to be h-no·.m as the Wild Eo:-se P.nnie

!Bw, e.pplyin:3 to the public la..'1-:s of the United States, prchibi t:~nfr meci1:Jnized

an1 airborn:i pursuit and capture thereon.

During these years, the wild horses or mustangs have taken center ste.ge

through such prestigious L1asazines as Life, Nat} onal Geographic, True, :Readers

Digest and cou.11tless ho1·semen I s publicat~.0::1s; through such giants of the ne1,ls r.::•:xlia

as Wal..1 Street Jo1.t-rnal and New York Times; and through a number of network tel;:_,vision

p:rodu.ct.:ions. Interest in the wild horses is accelcratinc, and it will continue to do

so through forthcoming publicity even now in the mill. Understandably, I do noth5.ng

to·ciscou:re~e or divert this interesto

Bec.g_use I was &~ong those who be gen t:he fight lone ago, and have been

closely identified with the wild o::1es <luring th•~ intervening years, I :feel I aJn

well qruLlified to pass along to you the feelings of the people throug::out ou:r stz.te ~'1d

country as they have expressed themselves to TG.e in their thousax1ds of lette!'s.

Without. exception, they w.d te that the wild ho:r;:;e or 11u:.:k.n~, more them any creo.ture

alive, represents the freed011 ' . .rpon 1-:11ich our country was founded •• a livin0 link

to t:hc colorful and ru~ged pion'Jer past th2.t r:-.9do our country great. To 11a .. "'1y, just

the 1:nowlc,dge that 11fo.ey a.re out the:re s')r..ewhsre II brin~s e. r:eas;1re of joy in the

thought of tr.e freedon that is thc:drs.

We in Nevada enjoy rr:orc freedon than is kno,;n by r.1ost aciyone any plri.ce

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else in the world. I •. i-~ We so live r;:ost closely to the t.rcH.iJ.. tions of t:iose who sct'tlcd

our state, for we are not many decades rc1ovcd from the ti1.1c in history that r.1arked

the conquering of the 1.fostern Frontier, wh-':m t-hc very lives and livelihood of our

pioneer forebears depended upon their horses •• a species of anirual that has

contributed r.1ore to rianki...'1d then any other, and to which so much is owed by so r;,.any

for their very e;-""..istence. 1·'.any e. cowhand 1 s re::-auda was ::::.ade up of moU:.""lts he captured

from a wild bunch; nar1y a 1,mstang pulled a plow to turn a rancher's soil; and fron

border to border of otT state the thundering hooves of the wild ones carried the

mail on a segwent of the journey fro:n Saint Jo to Sacrac"nento m1d back again in the

saga thr~t history records as the Pony Express.

Young people, particularly, have been ch'awn to the battle for recog::1..i.tion

of the mvsta..>ig. The generations that have preceded them, yours and mine amonf;° ther.i,

have not te.kc:i very good care of their heritage, but for these young people, who

will so very soon be the lmmakers of our state, I would ask that recogniti:"n b2

given to the vnim.2.l, for it was fa·or:1 the backs of their ancestors that o::r p.i.0;1;=08!'

.forebe-::cs n~:-,~c the nost glo,,;ing chapters in the his tor::,,- of our State. It mig:1.t

just maJ:e up to them a bit for the destr-..:.ction of :::::uch oJ.sc of thc:'...r heri tags that

can never be replaced.

Nevada has the first wild horse refuge ever established in the United St.e.tes,

so designated by the Secretary of the Interior in 1962. Inaccessible to the public

now, because of its location within the bombing r@1ge in Southern Nevada, I have

assurance from e reliable source that it will not incefinitely rer::ain inclccessible.

It is most fi ttir..e th2.t this living symbol of the freedor:i that is cur

heritage be designated tho officin.J. 2.nirc:al of the state that V:G.s the leP,der in the

fight for their preservation, and where freedo::i is a way of life for us all. I

respectfully urge this com.,.,.,") ttee to recorm-:~end the ena.ctment of s. B. 107 desir,ncd,:1.nc;

the mustanz or wild horse to be the official anmal of the state of :Tevad2., a gift

I to .future generations of Kev2.dms of which 0·1.1r gcnerc.tio~1 na:r \,''211 b8 p::'uud,.

?-~·ch 3, 1971

c:rfully sut,;,~ttev- I

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of Meva~a, and for _the designation of the wild horse or mustang as the " - - ... -

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We, the undc>rn tr~neM, norAB§ llfHB ilJ!,!JiP.H bl Shh ii Lid LLI! 221 . intr,oducod for t ho protoctlon of the wild horsos and burros

of the State o .vada, and for tho desig1 .on of tho wild horse or mustan as the official animal 01 1e State of Nevada ;__,"1 ;;../

NAME ADDRESS TELEPHONE NO.

.,_;' '. '.:"'___.: · ·~·-t·,.e.1 ·the underi.,1,_~ned.crcby urje passage of s •• 41 and d.B. 107' ,-,5 .

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" -~_, introduced for the protection of the wild horses and burros of the Sta ta

of Nevada. and for the desl~nation of the wild horse or mustang as the

offlc1~1 ani~~l of the State of Nevada •.

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of Nevada, and for the desL:rna tion of· the wild horse or mu~tang as the

·official anim~l of the State of Nevada.

ADDRi:;SS

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SoBo 101 SoBo 41

• Introduced by Senators Young and Wilson James Gibson 9 Chairman SoB,. 107

Dear Mro Gibsl)xt:

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Yerington~ Nevada February 15p 1971

Thia is to tell you we are very pleased to know of the introduction of SoB~ 41 and SoBo 1070

We want: to fubm:U: this letter as e'i·iden.ce to you and yom: committee" of onr great concern for the preservation and protectiou of the Musta:?lgo

It se€11l8 most fittf.ng to us for the ~...ustang to become our official State auillli:ll 9 tooo Xn t:ime we wou.ld like to see the Wild Horse picture on license plates and o~ all official State stationeryo

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New is the time for action. and we will be most gr2teful if you will advise us of auythin:J we cen do t:o nssure the passage of these two bills which are of such vital importance to the life of the ma8'!ificent Mustango

Please thank Hro Yottng and 1-fro Wilson for iv.t:roduci1,1.g S~B" 41 and SoBo 1010 We a~e on thei:r sideo Despite the f~ct tlw Fish and Game have gone on record as being opposed to these bills? we feel the protection of the Mu.s~t.i.ng is n~eded and we want yot.,r helpo

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TO:

FROM:

Nevada Department of Fish and Game

MEMORANDUM

March 19, 1971

Chairmen and Members of Assembly Agriculture Committee, Assembly Environment and Public Resources Committee, Senate Public Resources Committee

Frank W. Groves

The Nevada Committee on Rare and Endangered Species at their February 1971 meeting, passed the following motion on SB-41 and SB-107. They further requested the Department of Fish and Game to circulate the resolution to the Legislative connnitties addressed above.

Protection of wild horses and burros (SB-41): and, Designating the mustang as official state animal of Nevada (SB-107):

MOTION BY DR. DEACON: I MOVE THAT THE ENDANGERED SPEcms COMMITTEE, AS ADVISOR TO THE NEVADA DEPART­MENT OF FISH AND GAME, RESOLVE THAT WILD OR FERAL HORSE OR BURRO OCCURRING IN nIE STATE OF NEVADA IS NOT CONSIDERED BY THIS COMMITTEE TO BE AN ENDEMIC ANIMAL. WE NEVERTHELESS RECOGNIZE THE IMFORTANCE AND PLACE THESE SPECIES HAVE HAD IN THE HISTORY OF THE STATE. SENATE BILL 41 APPEARS TO US ENTIRELY INAPPROPRIATE BECAUSE OF THE FACT THAT IT FAILS TO RECOGNIZE THE NEED FOR PROPER MANAGEMENT TECHNIQUES TO BE APPLIED TO THE POPULATION OF WILD AND/OR FERAL ANIMALS. FOR THESE REASONS WE FIND OURSELVES UNABLE TO SUPPORT SENATE BILL 41 AS PROPOSED, BUT COULD SUPPORT SUCH A BILL WITH EXTENSIVE REVISION WHICH PRIMA!lILY WOULD INVOLVE CONSIDERABLE HANAGEMENT TECHNIQUES AND TO INCLUDE PROPER FUNDING. WE FUR-THER ARE UNABLE TO SUPPORT SENATE BILL 107 PRUf­ARILY ON THE BASIS OF A FEELING THAT ANY ANIMAL DESIGNATED AS THE STATE ANI:tvIAL OF NEVADA SHOULD IN FACT BE A NATIVE OF THIS STATE. SECONDED BY DR. WOOD AND CARRIED UNANIMOUSLY.

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To Whom It May C•mcern:

The Nevada Vaqueros, a Reno trail riding

organisation, completely support in principle

and detail Senate Bill 41 and its cornpanion

Bill 107 relative to the preservation of animals

and the naming of the mustang Nevada's

official State animal.

February 26, 1971

Senator Cliff Yom:g c/o Yvonne Fisher P. 0. Box 84 Reno, Nevada 89504

NEVADA VAGUER.OS a ( _/ II ,, !!

Presidentz__ -<.'(/4/.,{ l(_ j,!{i(✓~

Jol A. Couch 280 Ross Drive eno, Nevada

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• • WASHOE COUNTY FAIRGROUNDS

Washoe County, as indicated by the development of the Fairgrounds

during the past four years, is concerned with the future of this area

and has long range plans for future improvements.

Very likely during the next two or three months, a coordinated

effort by Washoe County and the Nevada State Fair Board will result in

even more concrete plans. We are now considering an offer by the Nevada

State Fair Board to hire a specialist in fairgrounds planning. This

would produce a master plan, not only for fair use, but also would cover

all other multipurpose use.

As late as 1966-67, only a half dozen events, other than the F~ir

and rodeo, were held at the Fairgrounds. We now average two or three a

week, some weekends will have two or more events in a single day.

The County wants to continue an orderly development at the Fair­

grounds. We are now reaching the point where time left on the existing

lease does not encourage large expenditures of funds.

Recent development (since 1967)

Six new barns •••

Rodeo arena improvements

Livestock Pavilion

Landscaping .••.

Paving and storm drains •.

New restrooms •••••

Painting, etc. of old building

Perimeter fencing

Total

• $120,000.00

45,000.00

200,000.00

18,000.00

22,000.00

18,000.00

4,000.00

12,000.00

$ 439,000.00

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ST~TE OF NEVADA

OFFICE OF THE ATTORNEY GENERAL SUPREME COURT BUILDING

CARSON CITY 89701

ROBERT LIST ATTORNEY GEN!:RAL February 22, 1971

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Mr. ,Q~ -D,l Ca.r J.o, ChM.rman St:1rey County Commfunioncre Virginia City, Nevada 63440

Dear Mr. Del Car lo:

On February 4, 1071, this offic& furnished the District Attorney o! ~..orey County with written comments regarding a propoaed amendment to NRS 517.420. At L~t time we were not aware that A.B. 57 cncomvassed the prcyased amendment as well as numerous additional amendments to statutes related to NRS 517. 420. Our comments at that time were only directed to the very limited legislation mentioned by Jdr. Buccbianeri .

We have e:r.amined A. B. 57 and, based on discussions with members of your board as well as with the Assessor of Storey County, we believe that the following additional commentary is appropriate.

A.B. 57, while still possibly discouraging small prospectors from e.,~lorinf{ and developing cb.ims, will also discourage land sp~cuL::.'.J.ons in abandoned patented mining claims. It is noted that numerous speculations, sales, and quitclaims have occurred on property that has no mining value and which in fact has been used for all purposes but mln!ng. We believe that A.B. 57 would be helpful to assessors 1n mining counties, without substantially hurting the small miner.

MLM:lp i/ cc: r .. 1r. Jack A. FL'Ulagan

E~orey County Aazessor

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Sincerely,

ROBERT LIST Attorney General

By Michael L. Melner

Deputy Attorney General

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S. B.107

SENATE BILL NO. 107-SENATOR YOUNG

FEBRUARY 2, 1971

Referred to Committee on Federal, State and Local Governments

SUMMARY-Designates mustang as official state animal of Nevada. Fiscal Note : No. (BDR 19-495) .

EXPLANATION-Matter in Italics Is new; matter ·m brackets I ] Is material to be omitted.

AN ACT designating the mustang (Equus caballus) as the official state animal of Nevada; and providing other matters properly relating thereto.

WHEREAS, Nevada is the home of ithat noble animal, Equus caballus, better known as the mustang, which roams the mountains, valleys and deserts of our land in ever-diminishing numbers; and

WHEREAS, These beautiful and spirited creatures are descendants•.of the genus Equus, which originated in North America, traversed the land bridge then existing between this continent and Asia, traveled across Asia, Europe and North Africa to Spain, and thence again to Ameri~ with the conquistadors; and

WHEREAS, The ancestors of the mustang made exploration of the west possible by the first white men and their descendants, made possible a new way of life for America's first settlers, the Indians, and were iiivalu­able in settling the west, developing the ranches, plowing the fields, harvesting the crops and providing all the transportation that existed for years, and even now, when domesticated, serve mankind in many ways, and when left to roam wild, form a part of the aesthetic and natural heri­ta·ge of Nevada; and

WHEREAS, in their search for life and freedom for themselves and their offspring, they symbolize the same strivings that exist within the breasts and brains of men; and ·

WHEREAS, Their spirit of independence and adventure is characteristic of the Great State of Nevada and makes official recognition of their species both fitting and proper; now, therefore,

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:

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FIRST REPRINT A. B. 43 :~ ~ =========================== s··~ :sat

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ASSEMBLY BILL NO. 43-WASHOE-STOREY DISTRICTS' DELEGATION

JANUARY 25, 1971 -Referred to Committee on Government Affairs 1. - •·-:,[;

SUMMARY -Permits Washoe Connty to have 99-year lease on fairgrounds. Fiscal Notet ~o. (BDR S-18)

.. ,,:•\, ... EXPLANATION-Matter in Ital~ is new; matter in brackets [ ) is

m~aUo be omitted .

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AN ACT relating to a lease on certain state property; authorizing the lease of des­ignated property bXhtJle state department of agriculture to the board of county commissioners of Washoe County; empowering the board of county commis­sioners of Washoe County to,, enter into certain contracts relating to the prop:. erty; declaring inconsistent ~ not applicable insofar as they conflict; giving priority of use to certain groups; and providing other matters properly relating thereto. i1J

WHEREAS, The State of ,Ne,vada is the owner in fee simple of cert.µn lands located in Washoe CQunty, having acquired such lands by deed ,tt> the State of Nevada, dated~arch 9, 1889; and ,,,

WHEREA~, It is the expresse~_.;desire of the people of the State of Neva#3 as set fo!1h m Statutes of N evaffi\,l ~ 8 7, at page 3 5, that such land ~ u~ for pubhc use and purpo~es; now 1m~fefore, 1 'i;'

:l 4 5,1 6. t' 8 The People of the State of Nevada,~,,; resented in Senate and Ass:mbli 9 · do enact"i. . 'Ollows: 1-;' ~ ~ ' '

lf SECTION 1. lj" .. sideration of ~ilTflyment of the sum of $1, the. ii state land registe ·. g for the people <;('the State of Nevada, is hereby 13 authorized and d' a forthwith to execute and deliver for and on behalf H of the State of Neva,.da to the county of Washq~ a good and sufficient agr<~? 15 ment re-leasing, for a period of 99 years, all the rights, title and inter¢st 16 of the State of Nevada in and to that certain property located in the 17 county of Washoe and more particularly described as that certain pi* 1.B or parcel of land situated in the county of Washoe, State of Nevada, des4t ••t. 1.nated as the northeast quarter (NE¼) of the somhwest quarter (SW~)

, ;.~nd the southeast quarter ( SE¼ ) of the northwest quarter (NW¼ ) ~g· ... l section 1, township 19 north, range 19 east, M.D.B. & M., containing~( '~. "~ff~S, .~ore or less, excepti_ng ~pproxima,ely 2:904 a".r(;:~ m?rt;. or _less ail, :;~ i:lescnoeo as follows: Begmmng at the southwest coroer ol the E½ of

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A. B. 273

ASSEMBLY BILL NO. 273-MISS HAWKINS

FEBRUARY 12, 1971 --Referred to Committee on Government Affairs

SUMMARY-Provides staggered terms and removes restriction on reappointment of members of Nevada state council on the arts. Fiscal Note: No. (BDR 18-563)

EXPLANATION-Matter In.I/al/cs Is new; matter In brackets [ J Is material to be omitted.

· ·' AN ACT establishing length: of te~ ~f members of the Nevada state council on the arts; removing the ·~triction on their reappointment; and providing other matters properly relating thereto. ·

·• The People of the State of fvevada, represented in Senate and Assembly, do enact as follows:

1 SECTION 1. NRS 233C.040 is hereby amended to read as follows: 2 233C.040 1. The governor shall appoint members from among cm.:. . 3 zens of Nevada who are known for their knowledge of and experience, 4 in the performing and fine arts. · ·· 5 2. [Each member shall be appointed for a term of 4 years and any 6 member who serves a full 4-year term shall not be eligible for reappoint- . 7 ment during the next-succeeding year after the expiration of his term.] 8 Upon the expiration of the terms of those members serving on the council, 9 on the effective date of this act, the governor shall appoint 11 members

10 for 4-year terms and JO members for 2-year terms. Thereafter; each 11 member shall be appointed or reappointed for a term of 4 years. . .. · · · 12 3. If a vacancy occurs on the council, the governor shall fill. the 13 vacancy by the appointment of an eligible person to serve for the 14 remainder of the unexpired term. . •· · 15 SEC. 2. This act shall become effective upon passage and .approv~t

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A.B. 40 .,

ASSEMBLY BILL NO. 40-MESSRS. GLASER AND ROY YOUNG

JANUARY 25, 1971

Referred fo Committee on Government Affairs

SUMMARY-Provide$ for sepir:ate election of county commissioners. Fisqaj Note: No. (BDR 20-97)

EXPLANATION-Matter.In Italics Is~; matter In brackets I ] is material to be omitted .

Al'i; ACT relating to the election of county commissioners; providing for separate :•i elections; and providing other,matters properly relating thereto.

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Thi People of the State of Nevacla, represented in Senate and Assembly, · do enact as follows:

SECTION 1. Chapter 244 of NRS is hereby amended by adding a new section which shall read as follows:

I. Whenever two or more members of a board of county commission-ers (lre to be elected at the same election for the same term in any county : .1

in this state having less than 100,000 population, and the county has not been divided into commissioner districts in the manner provided by NRS 244.050, the county clerk shall designate the offices to be filled alpha­betically or numerically. Such designation shall be made on or before the 1st Monday in lune of the year in which such election is held.

2. For purposes of election the offices shall be cpnsidered separate offices and no declaration of candidacy or acceptance of candidacy shall be 'accepted unless such declaration or acceptance indicates the particular office for which the declaration or acceptance is filed. ··

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A. B. 57

ASSEMBLY BILL NO. 57-WASHOE-STOREY DISTRICTS' DELEGATION (by request)

JANUARY 25, 1971 ---o---

Referred to Committee on Taxation

SUMMARY-Requires county to sell delinquent patented mining claims. Fiscal Note: No. (BDR 46-44)

EXPLANATION-Matter in Italics is new; matter in brackets [ ] ls material to be omitted.

AN ACT relating to patented mining claims; reg_uiring that any such claim held by a county for delinquent taxes for a prescribed period be sold for a mini­mum amount; and providing other matters properly relating thereto.

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

1 SECTION 1. NRS 517. 3 90 is hereby amended to read as follows: 2 517.390 1. Whenever a patented mining claim has bec9me the prop-3 erty of a county through operation of the revenue laws of this state, any 4 citizen of the United States may [present to and] file with the board of 5 county commissioners of such county and affidavit and petition to explore 6 and develop the claim[.] , provided the claim has been the property of 7 the county for less than I year, at the time of such filing. 8 2. The affidavit and petition shall state: 9 (a) That. the petitioner is a citizen of the United States.

10 (b) That there is belonging to the county, as shown by the official 11 records thereof, a patented mining claim or claims, sufficiently identify-12 ing the same, which has or have become the property of the county 13 through operation of the revenue laws of this state. 14 ( c) The amount of the tax, [and] penalties and costs, if any, for 15 which the claim or claims became the property of the county. 16 ( d) That it is the petitioner's bona fide intention to explore and 17 develop the claim or claims. 18 SEC. 2. NRS 517.420 is hereby amended to read as follows: 19 517.420 1. At the expiration of 6 months, or sooner if the peti-20 tioner so desires, the county treasurer shall make and execute a deed 21 conveying the title of the county to such claim or claims to the petitioner 22 for the sum for which the property became the property of the county.

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-.,, (REPRINTED wrre ADOPTED llJEND~> FIRST REPRINT A. J. R.14

ASSEMBLY JOINT RESOLUTION NO. 14-MESSRS~­SWALLOW, PRINCE AND HAFEN

FEBRUARY 10, 1971

Referred to Committee on Government Affairs

SUMMARY-Memorializes Congress to increase junk mail rates. (BDR 983)

EXPLANATION-Maller in /lalics is new; matter in brackets [ J is material to be omitted.

ASSEMBLY JOINT RESOLUTION-Memorializing the Congress of the United States to increase rates for certain third class mai I.

1 WHEREAS, The Congress of the United States has declared that the 2 post office is to be a public service to be used in the promotion of social,

· 3 cultural, intellectual and commercial intercourse among the people of the 4 . United States; and 5 WHEREAS, Third class mail includes circulars being sent in identical 6 terms to several persons and is afforded a lesser rate; and 7 WHEREAS, Seldom do such circulars operate as a service to the public 8 and more often do they work to the public's aggravation, distress and 9 exasperation; now, therefore, be it

10 Resolved by the Assembly and Senate of the State of Nevada, jointly, 11 That the Congress of the United States direct the Postmaster General to 12 increase the postal rates to an amount which will fully ~ver costs of 13 delivery for circulars presently enjoying third clruis postal rates; and be 14 it further 15 Resolved, That a copy of this resolution be prepared and transmitted 16 forthwith by the legislative counsel to the President of Senate, the Speaker 17 of the House of Representatives of the United States,~ the Postmaster 18 General and to all members of the Nevada congressiorud flelegation.

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S. B. 208

SENATE BILL NO. 208-COMMJITEE ON FEDERAL, STATE, AND LOCAL GOVERNMENTS

FEBRUARY 15, 1971

-· . Referred to Committee on Federal, State and Local Governments

SUMMARY-Removes limitation on apportionment of county road fund to incorporated cities. Fiscal Note: N_o. (BDR 35-1179)

EXPLANATION-Matter in italics is DCWj 1JUJlter in brackets [ ] is material to ·be 9ffll11Cd.

AN ·ACT relating to the county road fund; removing the limitation on the appor­tionment of such fund to incorporated cities; and providing other matters .

. · properly relating thereto. ·

Theo.People of the State of Nevada, represented in Senate and Assembly, · do enact as follows: '

SECTION 1. NRS 403 .450 is hereby amended to read as follows : 403.450 1. To provide funds for paying the expenses of road work,

the several boards of county commissioners shall, from time to ,ime < upon the request of the city council, apportion to each incorporated city ·· withip. the respective counties such proportion of the general road fund of the county as the value of the whole property within the corporate limits of such city or cities, as shown by the last assessment roll, shall bear to the whole property in the county, inclusive of property within the incorpo­rated cities.

2. [The apportionment of moneys to cities as provided in subsection 1 shall not exceed an amount greater than IO percent of the total amount levied and collected for general road purposes within the county, exclu­sive of funds for the payment of the principal and interest of bonds for road and street purposes.

3.] All such moneys so apportioned shall be expended upon the streets, alleys and public highways of such city or cities under the direc­tion and control of the city council.

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SECOND REPRINT S. B.192

SENATE BILL NO. 192-COMMITIEE ON FEDERAL, STATE AND LOCAL GOVERNMENTS

FEBRUARY 11, 1971 --Referred to Committee on Federal, State and Local Governments

SUMMARY-Enacts new Henderson city charter. Fiscal Note: No. (BDR S-1380)

ExPLANATION-Matter In Italics. Is newi matter In brackets [ ] ls material to be om1tted •

AN ACT incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter, and providing other matters properly relating thereto.

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. The charter of the City of Henderson is as follows: Eacn section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.

ARTICLE I

Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices

Section 1.010 Preamble: Legislative intent. 1. In order to provide for the orderly government of the City of

Henderson and the general welfare of its citizens the legislature hereby establishes this charter for the government o~ the City of Henderson. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.

2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All pro­visions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Henderson.

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SENATE BILL NO. 264-COMMITIEE ON FEDERAL, STATE AND LOCAL GOVERNMENTS

FEBRUARY 17, 1971 -0--

Referred to Committee on Federal, State and Local Governni:nts ' . ~\

SUMMARY-Provides for revote where voting machine malfuncti~

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Fiscal Note: No. (BDR 24-980) . ··

EXPLANATION-Matter in italics is new; matter in brackets [ J is material to be omitted.

.•~ ACT relating to elections; establishing procedures for revoting in ~}recinct &'-''''' where a suspected malfunction in a voting machine. influenced the~o,utcome .i\l,Y· of an election; requiring notice of the revote; providing for paymentllof costs; ,1q, : .• , and providing other matters properly relating thereto. ,fH";

;\~ ' • tt'i\ti •-:,-iThe People of the State of Nevada, represented in Senate and !Afjlfnbly,

do enact as follows: ":'?;{\{ Ii f. ·' .

1 SECTION 1. Chapter 293 of NRS is hereby amended -~~,dding 2 u thereto the provisions set forth as sections 2 to 7, inclusive, of .,,act. ~tr SEC. 2. A revote may be held in. any precinct in any elec ·· where ¾h voting machines were used if all of the following conditions lled; ., 5,i(! 1. A recount has been perf ormfd in accordance with the "siops"' 6 . .t of this chapter for the particular efection where the revote is'jj/guest~d, · 7 • 2. A request for a revote is filed with the county clerk no· lat.er than, 8. s 5 days after the recount is completed. 9 ' 3. Such a request is zn writing, setting forth:

10 ( a) The name of the candidate making the request; 11 (b) The office for which the revote is requested; 12 (c) The names of the other candidates for that office; . 13 ( d) A statement of the reasons for the request for a revote, including 14 why it is suspected that a particular machine was defective or malfunc-

.. 15 tioned and that such a defect or malfunction influenced the outcome of the ' , 16 election in a manner adverse to the candidate requesting the revote. · 17 4. The candidate personally verifies the statement requesting a rev(}te · 18 in the manner provided for the verification of pleadings in civil actions. 19 5. The demand for a revote is accompanied with a deposit for the 20 estimated cost of the revote, which shall be determined by the county 21 clerk upon receiving a request for an estimate of cost from the candidate.