[Rev. 3/18/2013 2:52:16 PM]

Link to Page 3668

 

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ê1997 Statutes of Nevada, Page 3669 (File Number 104, SCR 51)ê

 

      Whereas, Marjorie Guild was born to Nevada District Court Judge Clark J. Guild Sr. and Virginia Carroll Guild in Yerington, Nevada, on April 16, 1916; and

      Whereas, After attending a private school in Palo Alto, California, and graduating from Mills College in Oakland, California, Marjorie Guild returned to Nevada to teach elementary school in Storey and White Pine counties from 1937 to 1938; and

      Whereas, Marjorie Guild and White Pine County Assemblyman Charles Russell were married in 1939; and

      Whereas, Marjorie Guild Russell was very supportive of her husband’s career, which included serving as Assemblyman and Senator from White Pine County for 12 years, United States Congressman for 2 years and Governor of this state for 8 years; and

      Whereas, Marjorie Guild Russell was well known for her love of this state and its history; and

      Whereas, Following the lead of her father, who founded the Nevada State Museum in 1939, Marjorie Guild Russell served as a member of the Board of Trustees of the Nevada State Museum for 22 years; and

      Whereas, The Marjorie Russell Textile Research Center was created in 1994, combining the clothing collections of the Nevada State Museum, the Nevada Historical Society and the School of Home Economics of the University of Nevada, Reno; and

      Whereas, Marjorie Guild Russell was known as a bright, gracious and caring person; and

      Whereas, One of Marjorie Guild Russell’s proudest accomplishments was the raising of children, Todd and Clark of Carson City, David of Reno, Craig of Dallas, Texas, and Virginia Sakal of Ithaca, New York, who have achieved their own successes in this state and elsewhere; and

      Whereas, Marjorie Guild Russell’s husband, former Governor Charles Russell, passed away in 1989, and Marjorie Guild Russell is survived by her children and her brother Clark Guild Jr. of Reno; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby offer their sincere condolences and heartfelt sympathy to the surviving family of Marjorie Guild Russell; and be it further

      Resolved, That Marjorie Guild Russell will long be remembered for her many contributions to the Nevada State Museum and for her role as First Lady of the State of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Marjorie Guild Russell’s children, Todd, Clark, David, Craig and Virginia.

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ê1997 Statutes of Nevada, Page 3670ê

 

FILE NUMBER 105, AR 14

Assembly Resolution No. 14–Committee on Elections, Procedures, and Ethics

FILE NUMBER 105

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

 

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

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FILE NUMBER 106, SJR 14

Senate Joint Resolution No. 14–Committee on Judiciary

FILE NUMBER 106

SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to create an intermediate appellate court.

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the constitution of the State of Nevada be amended to read respectively as follows:

      Sec. 3A.  1.  The court of appeals consists of three judges or such greater number as the legislature may provide by law. If the number of judges is so increased, the supreme court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.

      2.  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. The initial three judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. 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.

      3.  The chief justice of the supreme court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge 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.


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ê1997 Statutes of Nevada, Page 3671 (File Number 106, SJR 14)ê

 

      4.  The supreme court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.

      Section 1.  The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, District Courts [,] and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.

      Sec. 4.  1.  The supreme court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The legislature shall fix the jurisdiction of the court of appeals and provide for the review, where appropriate, of appeals decided by the court of appeals. The supreme court [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 . [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.

      Sec. 7.  The times of holding the Supreme Court , the Court of Appeals and 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; Provided, That in case any county [shall be] is hereafter divided into two or more districts, the Legislature may by law [,] designate the places of holding Courts in such Districts.

      Sec. 8.  1.  The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.


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ê1997 Statutes of Nevada, Page 3672 (File Number 106, SJR 14)ê

 

fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.

      2.  The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.

      3.  The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts [,] and such other Courts [,] as the Legislature shall designate [, shall be] are Courts of Record.

      Sec. 11.  The justices of the supreme court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed; and all elections or appointments of any such judges by the people, legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.

      [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] must be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.

      Sec. 20.  1.  When a vacancy occurs before the expiration of any term of office in the supreme court , the court of appeals or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.

      2.  The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.

      3.  Each nomination for the supreme court [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.


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ê1997 Statutes of Nevada, Page 3673 (File Number 106, SJR 14)ê

 

      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.

      7.  An appointing authority shall not appoint to the permanent commission more than:

      (a) One resident of any county.

      (b) Two members of the same political party.

No member of the permanent commission may be a member of a commission on judicial discipline.

      8.  After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.

[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]

      Sec. 21.  1.  A justice of the supreme court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. A 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.


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ê1997 Statutes of Nevada, Page 3674 (File Number 106, SJR 14)ê

 

      4.  The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.

      5.  The supreme court shall make appropriate rules for:

      (a) The confidentiality of all proceedings before the commission, except a decision to censure, retire or remove a justice or judge.

      (b) The grounds of censure and other forms of discipline which may be imposed by the commission.

      (c) The conduct of investigations and hearings.

      6.  No justice or judge may by virtue of this section be:

      (a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or

      (b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.

      7.  Any person may bring to the attention of the commission any matter relating to the fitness of a justice or judge. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] 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.

      8.  If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a 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. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

      9.  The commission may:


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ê1997 Statutes of Nevada, Page 3675 (File Number 106, SJR 14)ê

 

      (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 constitution of the State of Nevada be amended to read as follows:

      [Sec:]Sec. 3.  For any reasonable cause to be entered on the journals of each House [,] which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals 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 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 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 constitution of the State of Nevada be amended to read as follows:

      [Sec:]Sec. 8.  The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court [,] and the Court of Appeals, as it may deem expedient; and all laws and judicial decisions [shall] must be free for publication by any person; Provided, That no judgment of the Supreme Court or the Court of Appeals shall take effect and be operative until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.

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FILE NUMBER 107, SCR 39

Senate Concurrent Resolution No. 39–Committee on Government Affairs

FILE NUMBER 107

SENATE CONCURRENT RESOLUTION–Urging the agencies of the executive branch of state government to expand the use of internship and other programs designed to attract business graduates of the state’s universities to financial management positions in the state’s classified service.

 

      Whereas, The financial management of the State of Nevada has evolved into a large and complex operation, including receiving and spending billions of dollars in taxes, fees and federal grants each year; and


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ê1997 Statutes of Nevada, Page 3676 (File Number 107, SCR 39)ê

 

      Whereas, To ensure accountability, this money must be properly controlled, accounted for and spent according to legal requirements; and

      Whereas, The financial managers of this state have considerable responsibility for the state’s resources and are required to make complex financial decisions that impact the delivery of services, effectiveness of programs and cost of government; and

      Whereas, These financial managers must perform a wide range of functions, including, but not limited to, developing internal control systems, establishing business strategies and policies that are responsive to change, designing, managing and using information systems, reengineering processes, managing contracts and interpreting laws and regulations; and

      Whereas, The tremendous growth of the State of Nevada, combined with anticipated changes in the way federal programs are funded and accounted for, will place even more demands on financial managers; and

      Whereas, Recent audit reports issued by the Legislative Auditor have disclosed serious problems in the financial management of state government resulting from poor financial management practices and ineffective internal controls; and

      Whereas, Each year the State of Nevada spends hundreds of millions of dollars on higher education programs in the University and Community College System of Nevada to provide students with the conceptual knowledge and technical skills necessary to succeed in professional occupations; and

      Whereas, The basic curriculum for business students at the state’s universities includes numerous courses providing problem solving skills and knowledge in strategic management and policy, systems control, quantitative analysis, organizational behavior, business law, financial management theory, statistics, economics, logistics management and management accounting; and

      Whereas, Bachelor’s degrees earned in fields of business at this state’s universities are designed to prepare graduates to be business and financial professionals in a rapidly changing technological world; and

      Whereas, Business graduates without professional experience have few opportunities for employment as financial managers in the classified service of the state; and

      Whereas, As of June of 1995, only 6 of the 3,700 students graduating from business programs at the state’s universities between 1991 and 1995 were employed as financial managers in the classified service of this state; and

      Whereas, The laws governing the classified service of this state are designed to ensure the state attracts and retains a highly qualified workforce through a fair and equitable process; and

      Whereas, The governmental agencies of the State of Nevada could benefit from programs designed to attract business graduates into the state workforce; and

      Whereas, The Department of Personnel has established a goal to increase the use of internship and other programs designed to attract graduates of the universities of this state to careers in financial management in the classified service of this state; now, therefore, be it


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ê1997 Statutes of Nevada, Page 3677 (File Number 107, SCR 39)ê

 

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby urge the Department of Personnel to establish internship and other programs designed to attract business graduates of the universities of the State of Nevada to careers in the classified service of this state; and be it further

      Resolved, That the agencies of state government are encouraged to cooperate with the Department of Personnel to ensure that internship and other programs are successful; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit copies of this resolution to the Governor for distribution to the head of each agency in the executive department of state government, to the Director of the Department of Personnel, the President of the University of Nevada, Reno, and the President of the University of Nevada, Las Vegas.

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FILE NUMBER 108, SCR 55

Senate Concurrent Resolution No. 55–Senators Jacobsen, Adler, Augustine, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 108

SENATE CONCURRENT RESOLUTION–Commending the C. C. Meneley Elementary School for being chosen as a National Blue Ribbon School.

 

      Whereas, The C. C. Meneley Elementary School was established in 1979 in Gardnerville, Nevada, which is located in Douglas County; and

      Whereas, This outstanding school has an enrollment of 730 pupils, a staff numbering 71 and an open-door policy inviting parents to visit or volunteer, creating a comprehensive team effort toward education; and

      Whereas, The C. C. Meneley Elementary School prides itself on classroom environments that offer care, encouragement and love to all pupils with the goal to make learning an exciting and rewarding experience; and

      Whereas, This year, the C. C. Meneley Elementary School was recognized for its outstanding performance in the education of its pupils by being selected as a National Blue Ribbon School; and

      Whereas, The Blue Ribbon Schools Program was established by the Secretary of Education in 1982 in an effort to:

      1.  Identify and give public recognition to outstanding public and private schools across the United States;

      2.  Make available a comprehensive framework of key criteria for school effectiveness to serve as a basis for participatory self-assessment and planning in schools; and

      3.  Facilitate communication and sharing of the most successful practices that are used within and among schools based on a common understanding of criteria related to success; and


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ê1997 Statutes of Nevada, Page 3678 (File Number 108, SCR 55)ê

 

      Whereas, This year’s selection focused on the nation’s outstanding elementary schools that emphasized a learning-centered environment to facilitate student achievement and parental involvement; and

      Whereas, Additionally, consideration was given to those schools that demonstrated educational leadership, professional development and collaborative relationships among the school, family and community; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the administration and staff of the C. C. Meneley Elementary School upon being selected as a National Blue Ribbon School; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Pauline Moley, Principal, and Brian Frazier, Vice Principal, of the C. C. Meneley Elementary School.

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FILE NUMBER 109, SCR 56

Senate Concurrent Resolution No. 56–Senators Jacobsen, Adler, Augustine, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 109

SENATE CONCURRENT RESOLUTION–Commending the Gene Scarselli Elementary School for being chosen as a National Blue Ribbon School.

 

      Whereas, The Gene Scarselli Elementary School opened its doors in 1988 in Gardnerville, Nevada, which is located in Douglas County; and

      Whereas, For the past 8 years, the Gene Scarselli Elementary School has worked diligently to include families as an integral part of their approach to learning by hosting regular family nights and parenting classes; and

      Whereas, With an enrollment of approximately 800 pupils, the Gene Scarselli Elementary School has developed strong community ties working closely with local businesses and the Carson Valley Museum and Cultural Center; and

      Whereas, The staff of the Gene Scarselli Elementary School are role models for the pupils as they continue their education by enrolling in courses that provide them with the latest techniques in teaching to help ensure the best possible educational opportunities for their pupils; and

      Whereas, This year, the Gene Scarselli Elementary School was recognized for its commitment to excellence in education by being designated as a National Blue Ribbon School; and

      Whereas, The Blue Ribbon Schools Program was established by the Secretary of Education in 1982 in an effort to:

      1.  Identify and give public recognition to outstanding public and private schools across the United States;


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ê1997 Statutes of Nevada, Page 3679 (File Number 109, SCR 56)ê

 

      2.  Make available a comprehensive framework of key criteria for school effectiveness to serve as a basis for participatory self-assessment and planning in schools; and

      3.  Facilitate communication and sharing of the most successful practices that are used within and among schools based on a common understanding of criteria related to success; and

      Whereas, This year’s selection focused on the nation’s outstanding elementary schools that emphasized a learning-centered environment to facilitate student achievement and parental involvement; and

      Whereas, Additionally, consideration was given to those schools that demonstrated educational leadership, professional development and collaborative relationships among the school, family and community; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the administration and staff of the Gene Scarselli Elementary School upon being selected as a National Blue Ribbon School; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mrs. Betsy Palmer, Principal, and Pam Gilmartin, Vice Principal, of the Gene Scarselli Elementary School.

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FILE NUMBER 110, SCR 57

Senate Concurrent Resolution No. 57–Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 110

SENATE CONCURRENT RESOLUTION–Commending the Cyril Wengert Elementary School for being chosen as a National Blue Ribbon School.

 

      Whereas, The Cyril Wengert Elementary School was built in 1971 and is located in the Sunrise Mountain area of eastern Las Vegas within the Clark County School District; and

      Whereas, This outstanding year-round elementary school has an enrollment of 934 pupils, a majority of whom have backgrounds that are ethnically or linguistically diverse, causing many to be at-risk for failure in school; and

      Whereas, The entire staff at the Cyril Wengert Elementary School has responded enthusiastically to this challenge and implemented unique programs to deliver more successful educational benefits to its pupils, starting off this past year with their warm and inviting motto “We Celebrate All Children”; and

      Whereas, Much of the success of the Cyril Wengert Elementary School must be attributed to the dedicated faculty who eagerly work together as a team to ensure that the individual needs of the pupils are met; and


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ê1997 Statutes of Nevada, Page 3680 (File Number 110, SCR 57)ê

 

      Whereas, This year, the Cyril Wengert Elementary School was designated as a National Blue Ribbon School in recognition of its innovative methods of instruction which have created an academic environment that is both exciting and fulfilling for its pupils; and

      Whereas, The Blue Ribbon Schools Program was established by the Secretary of Education in 1982 in an effort to:

      1.  Identify and give public recognition to outstanding public and private schools across the United States;

      2.  Make available a comprehensive framework of key criteria for school effectiveness that can serve as a basis for participatory self-assessment and planning in schools; and

      3.  Facilitate communication and sharing of the most successful practices that are used within and among schools based on a common understanding of criteria related to success; and

      Whereas, This year’s selection focused on the nation’s outstanding elementary schools that emphasized a learning-centered environment to facilitate student achievement and parental involvement; and

      Whereas, Additionally, consideration was given to those schools that demonstrated educational leadership, professional development and collaborative relationships among the school, family and community; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the administration, staff and faculty of the Cyril Wengert Elementary School upon being selected as a National Blue Ribbon School; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mr. Scott Ober, Principal, and Mr. Keith Hyatt, Assistant Principal, of the Cyril Wengert Elementary School.

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FILE NUMBER 111, ACR 49

Assembly Concurrent Resolution No. 49–Assemblymen Goldwater, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 111

ASSEMBLY CONCURRENT RESOLUTION–Commending the students, parents and coordinators who participated in the Odyssey of the Mind World Finals Competition.

 

      Whereas, The Odyssey of the Mind Association was founded in 1978 and now draws students from 50 states and more than 30 countries to participate in the annual World Finals Competition; and


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ê1997 Statutes of Nevada, Page 3681 (File Number 111, ACR 49)ê

 

      Whereas, The Odyssey of the Mind is a school-based program for students in kindergarten through college that combines creative thinking, teamwork and risk taking; and

      Whereas, Each fall, teams of students from around the world take on challenges developed by Odyssey of the Mind and work together for months to develop solutions to these challenges; and

      Whereas, Each team must create and present an 8-minute performance that interprets a problem and compete in a spontaneous brainstorming competition which challenges their ability to think quickly; and

      Whereas, The annual competition fosters team spirit, creative problem solving and decision making while developing the self-confidence necessary to produce expert problem solvers; and

      Whereas, The participation of the parents of these students through their financial, emotional and intellectual support is integral to the success of this highly competitive program; and

      Whereas, This year 15 schools from the State of Nevada, representing our finest students, competed for top honors at the Odyssey of the Mind World Finals Competition; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby commend the parents of the participating students for their encouragement and support for this outstanding program; and be it further

      Resolved, That the members of this body are especially proud of the hard work and devotion of the coordinators and participating students from the following schools:

      1.  From Alice Maxwell Elementary School, students Isidra Almaraz, Ben Brown, Cara Cudworth, Genna Drake, Mary Hery, Erin Smith and Laurie Steglich and coordinator Bob Huwe;

      2.  From Caughlin Ranch Elementary School, students Josh Coleman, Travis Coleman, Tom Fennell, Chris Lunsden, Jessica Pacheco and Michael Van Antwerp and coordinator Lisa Williams;

      3.  From David M. Cox Elementary School, students Joel Almas, Hester Dingle, Lindsay Egbert, Perry Palmer, Joelle Siino, Sean Smith and Katie Strickland and coordinator Michelle Smith;

      4.  From John C. Fremont Elementary School, students Deyon Anderson, Kenny Binder, Erika Crail, Jeremy Grunert, Ronnie Hansen, Madison Piazza and Abby Schultz and coordinator Dorothy Todd;

      5.  From Marion Earl Elementary School, students Brittany Anson, Jansen Bordenhao, Aaron Goodrich, Rebbecca Rowland and Amy Schlauder and coordinator Rich Rowland;

      6.  From Sage Elementary School, students Jacob Miller, Daniel Reule, Michael Reule, Arlo Swallow, Franklin Wilkerson and Jared Wilkerson and coordinator Kathy Balliet;

      7.  From Sarah Winnemucca Elementary School, students Blake Elliott, Laura Makoba, Martin Markee, Ryan Martin, Ainsley McPherson and Adam Van Antwerp and coordinator Donna Schultz;

      8.  From Westergard Elementary School, students Clifton Miller and Tina Schweitzer and coordinator Donna Shultz;


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ê1997 Statutes of Nevada, Page 3682 (File Number 111, ACR 49)ê

 

      9.  From Hyde Park Middle School, students Lindsay Demaree, April Francisco, Diane Kopliopith, Judy Kresyman, Eric Patti, Christel Stewart and Matt Taite and coordinators Jim Patti and Lucy Phillips;

      10.  From Kingsbury Middle School, students Steven Cheatham, Justin Darrow, Randy Gittleman, Jenna Hayes, Michael Kamorowski, Kyle Olson and James Rastello and coordinator Kathleen Boudreau;

      11.  From Edward C. Reed High School, students Allen Bai, Mike Friend, Joshua Jackson, Sean Keely and Jody Williams and coordinator Brad Hayes;

      12.  From Incline High School, students Bryce Burdick, Marshall Clyde, Allison Hilborn, Sam Hilborn, Sadie Rose Schunning, Charlie Wagner and Lee Welsch and coordinator Sue Welsch;

      13.  From Spring Creek High School, students Bryce Armstrong-Nelson, Corbin McFarlane, Blake Metz, Jeremy Schoen, Ray Smith and Scott Wurth and coordinator Kathy Balliet; and

      14.  From Sierra Nevada College, students Brad Barton, Matt Biscarret, Dawn Grabowski, LaMonte Lamoureux, Crosbie Ronning and Lisa Smith and coordinator Sue Welsch; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each of the coordinators from the participating schools in the State of Nevada who coached the students in the Odyssey of the Mind World Finals Competition.

________

 

FILE NUMBER 112, AR 15

Assembly Resolution No. 15–Assemblymen Dini and Perkins

FILE NUMBER 112

ASSEMBLY RESOLUTION–Amending the Standing Rules of the Assembly by adding a member to the Standing Committee on Ways and Means.

 

      Resolved by the Assembly of the State of Nevada, That Rule No. 40 of the Standing Rules of the Assembly as adopted for the 69th session of the Legislature is hereby amended to read as follows:

 

40

 

Rule No. 40.  Standing Committees.

      The standing committees of the Assembly are as follows:

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

      2.  Judiciary, fourteen members.

      3.  Taxation, eleven members.

      4.  Education, eleven members.

      5.  Elections, Procedures, and Ethics, nine members.

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

      7.  Labor and Management, nine members.

      8.  Transportation, nine members.

      9.  Commerce, eleven members.


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ê1997 Statutes of Nevada, Page 3683 (File Number 112, AR 15)ê

 

      10.  Health and Human Services, ten members.

      11.  Government Affairs, fourteen members.

      12.  Infrastructure, eleven members.

________

 

FILE NUMBER 113, SCR 58

Senate Concurrent Resolution No. 58–Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Weiner

FILE NUMBER 113

SENATE CONCURRENT RESOLUTION–Memorializing former Chief Justice of the Nevada Supreme Court, John Mowbray.

 

      Whereas, The members of the Nevada Legislature were deeply grieved and note with profound sorrow the recent passing of former Chief Justice of the Nevada Supreme Court, John Mowbray; and

      Whereas, With the death of John Mowbray on March 5, 1997, the State of Nevada lost one of its most learned, compassionate and distinguished members of the justice system; and

      Whereas, John Code Mowbray was born 78 years ago in Bradford, Illinois, on September 20, 1918; and

      Whereas, In 1941, John Mowbray left his position as a high school teacher and entered the United States Army Air Corps, where he served his country during World War II for the next 5 years and attained the rank of major; and

      Whereas, John Mowbray graduated from the University of Notre Dame Law School in 1949 and began his legal career in Las Vegas as a Clark County Deputy District Attorney; and

      Whereas, Shortly thereafter, John Mowbray opened his own law firm and was a bankruptcy referee from 1955 to 1959; and

      Whereas, In 1959, Governor Grant Sawyer appointed John Mowbray to the District Court, and he soon gained national recognition for his ability to reduce the backlog of cases by using a master calendar system; and

      Whereas, Eight years later, Governor Paul Laxalt appointed John Mowbray to the Nevada Supreme Court where he served as a Justice and Chief Justice for the next 25 years; and

      Whereas, John Mowbray’s many contributions to the State of Nevada included his efforts in the establishment of a public defender system in the State of Nevada, the Bishop Gorman High School in Las Vegas and the Home of the Good Shepherd for wayward young women, and he offered his assistance to ensure the enactment of the first child-abuse laws in this state; and

      Whereas, His community activities included serving on the board of Catholic Community Services for more than 20 years and actively supporting the Boy Scouts, the National Conference of Christians and Jews and the YMCA; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature offer their sincere condolences to the family and friends of former Nevada Supreme Court Justice John Mowbray; and be it further

 


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ê1997 Statutes of Nevada, Page 3684 (File Number 113, SCR 58)ê

 

Legislature offer their sincere condolences to the family and friends of former Nevada Supreme Court Justice John Mowbray; and be it further

      Resolved, That John Mowbray served as a role model for others with his strong belief that “all people deserve to have the same opportunities to pursue their dreams,” and he will long be remembered for his honesty, fairness and integrity; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the loving wife of John Mowbray, Kathlyn of Las Vegas, and sons John of Las Vegas, Romy of Winter Park, Florida, Jerry of Reno and Terry of San Diego, California.

________

 

FILE NUMBER 114, AR 16

Assembly Resolution No. 16–Assemblymen Dini and Hettrick

FILE NUMBER 114

ASSEMBLY RESOLUTION–Designating certain members of the Assembly as regular and alternate members of the Legislative Commission.

 

      Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Rules of the Legislature, the following Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Mr. Joseph E. Dini, Jr., Mr. Richard D. Perkins, Mrs. Joan A. Lambert, Mr. Peter G. Ernaut, Ms. Deanna Braunlin and Ms. Barbara E. Buckley are designated as the regular Assembly members; Mrs. Marcia de Braga and Mr. Bernie Anderson are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Mr. Douglas A. Bache and Mr. Robert E. Price are designated as the first and second alternate members, respectively, for Mr. Richard D. Perkins; Mr. Brian E. Sandoval and Mr. Dennis Nolan are designated as the first and second alternate members, respectively, for Mrs. Joan A. Lambert; Mr. John C. Carpenter and Mr. Mark Amodei are designated as the first and second alternate members, respectively, for Mr. Peter G. Ernaut; Ms. Sandra Tiffany and Ms. Merle A. Berman are designated as the first and second alternate members, respectively, for Ms. Deanna Braunlin; Ms. Christina R. Giunchigliani and Mrs. Ellen M. Koivisto are designated as the first and second alternate members, respectively, for Ms. Barbara E. Buckley.

________

 


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ê1997 Statutes of Nevada, Page 3685ê

 

FILE NUMBER 115, ACR 50

Assembly Concurrent Resolution No. 50–Assemblymen Giunchigliani, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 115

ASSEMBLY CONCURRENT RESOLUTION–Urging the Clark County School District to name a school after former Legislator Marvin M. Sedway.

 

      Whereas, Marvin M. Sedway, a highly respected and sagacious former member of the Nevada Legislature, believed that a decent society is obligated to provide a superior education for its children; and

      Whereas, Marvin Sedway carried an unshakable belief in the power of education and fought to make the education of children a top priority of our government; and

      Whereas, The poster displayed in Marvin Sedway’s office, which read “It will be a great day when our schools get all the money they need and the Air Force has to hold a bake sale to buy a bomber,” illustrated his commitment to education; and

      Whereas, Marvin Sedway’s unflagging efforts to help the poor, the homeless, the elderly and all those with little power in our society gained him broad respect in the Legislature and throughout the state; and

      Whereas, Marvin Sedway was a man of uncommon distinction who made certain he made a difference in the lives of the people of the State of Nevada; and

      Whereas, The people of the State of Nevada will long remember Marvin Sedway for his compassion, drive and valuable public service; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do respectfully urge the Clark County School District to honor a distinguished Nevadan, Marvin M. Sedway, by naming a school after him; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Board of Trustees of the Clark County School District.

________

 


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ê1997 Statutes of Nevada, Page 3686ê

 

FILE NUMBER 116, ACR 51

Assembly Concurrent Resolution No. 51–Assemblymen Evans, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 116

ASSEMBLY CONCURRENT RESOLUTION–Memorializing Washoe County Sheriff’s Deputy Franklin Jay Minnie Sr.

 

      Whereas, The members of the Nevada Legislature were deeply grieved to learn of the untimely death of Washoe County Sheriff’s Deputy Franklin Jay Minnie Sr.; and

      Whereas, Franklin Jay Minnie was born on July 6, 1952, to Frank James and Margaret Brimhall Minnie in Los Angeles, California; and

      Whereas, Franklin (Frank) Minnie had been a resident of Reno since 1987, coming from Carson City; and

      Whereas, Frank Minnie dedicated his life to law enforcement serving from 1981 to 1985 as a lieutenant for the Nye County Sheriff’s Office and from 1986 to 1987 as a corrections officer for the Nevada Department of Prisons; and

      Whereas, Frank Minnie joined the Washoe County Sheriff’s Office on July 29, 1987, and had been a member of the patrol division for the past 7 years; and

      Whereas, In March 1995, Frank Minnie was one of four deputies originally selected to serve on the motorcycle unit of the Washoe County Sheriff’s Office and in preparation for this demanding position he had completed Basic Motorcycle Enforcement Training, a 200-hour Motorcycle Field Training Program and had been scheduled to receive additional motorcycle training with the California Highway Patrol in Sacramento; and

      Whereas, Frank Minnie was a first-class law enforcement officer who constantly gave his all as he carried out his duties with professionalism, compassion and dedication, earning the respect and admiration of his fellow officers and friends; and

      Whereas, Frank Minnie was the devoted husband of Jeanne Minnie and a loving father of four children including daughters, Kristal Barnett, age 24, Christa Burdick, age 22, Lacie DeYoe, age 15 and son Franklin Minnie Jr., age 12; now, therefore be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature hereby extend their heartfelt condolences to the family, friends and fellow officers of Deputy Sheriff Franklin Jay Minnie Sr.; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Frank Minnie’s loving wife Jeanne and his four children Kristal Barnett, Christa Burdick, Lacie DeYoe and Franklin Minnie Jr.

________

 


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ê1997 Statutes of Nevada, Page 3687ê

 

FILE NUMBER 117, ACR 52

Assembly Concurrent Resolution No. 52–Assemblymen Von Tobel, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany and Williams

FILE NUMBER 117

ASSEMBLY CONCURRENT RESOLUTION–Commending Marianne Vallin for her academic and athletic achievements.

 

      Whereas, Marianne Vallin has excelled in academics and athletics during her years as a student at the University of Nevada, Las Vegas, and this year she received national recognition for her achievements when she was presented the Gladys Heldman Award for the most outstanding senior collegiate women’s tennis player who best balances athletics and academics; and

      Whereas, Academically, Marianne Vallin earned a perfect 4.0 grade point average for two semesters, was a five-time member of the Dean’s Honor List and was a two-time member of the University of Nevada, Las Vegas academic top 30; and

      Whereas, Athletically, Marianne Vallin earned the number one ranking position in tennis in singles and doubles in each of her 4 years as a student at the University of Nevada, Las Vegas, led her team to the first-ever NCAA postseason play in the Western Regionals and was the university’s all-time record holder of winning percentages for both singles and doubles tennis matches; and

      Whereas, Marianne Vallin was named Female Athlete of the Year in 1994 and 1997 by the “Rebel Yell” Newspaper; and

      Whereas, Marianne Vallin has been an inspiration to her fellow teammates, her classmates and her friends, personifying just what can be accomplished through dedication, determination and hard work; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend Marianne Vallin for her academic and athletic achievements as a student at the University of Nevada, Las Vegas; and be it further

      Resolved, That the members of this legislative body extend their most heartfelt congratulations to Marianne Vallin for being this year’s recipient of the Gladys Heldman Award; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Marianne Vallin.

________

 


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ê1997 Statutes of Nevada, Page 3688ê

 

FILE NUMBER 118, ACR 53

Assembly Concurrent Resolution No. 53–Assemblymen Ohrenschall, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 118

ASSEMBLY CONCURRENT RESOLUTION–Memorializing Angelo Collis, long-time educator and coach in Clark County.

 

      Whereas, The members of this Legislature were saddened to learn of the recent passing on May 21, 1997, of long-time educator and coach in Clark County, Angelo Collis; and

      Whereas, Angelo Collis was born on February 19, 1921, in McGill, Nevada, to Nicholas and Penny Latsonis Collis; and

      Whereas, Angelo Collis earned his Bachelor’s Degree in history from Utah State and a Master’s Degree in education administration from the University of Nevada, Reno; and

      Whereas, Following college, Angelo Collis coached and taught at White Pine High School in Ely for 5 years before relocating to southern Nevada; and

      Whereas, Angelo Collis became the head football coach at Las Vegas High in 1952 and his teams won four state championships during his 9-year coaching career, including an 11-0 season and state championship in 1953; and

      Whereas, Angelo Collis continued his career in education as Assistant Principal and Athletic Director at Western and Clark high schools, helping to establish their athletic departments; and

      Whereas, In 1973, Angelo Collis received the Shering Award from the National Council of Secondary School Athletic Directors as one of five outstanding Athletic Directors in the nation; and

      Whereas, In 1979, Clark High School named the football field after him, and in 1988, he received the National Federation citation for past contributions to interscholastic athletics; and

      Whereas, Angelo Collis founded the Pop Warner youth football program in Las Vegas before his retirement in February 1987; and

      Whereas, Angelo Collis was an Air Force World War II veteran and a member of Nellis Masonic Lodge 46, Scottish Rite, Zelzah Shrine, the Legion of Honor and the National Football Foundation; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature express their sincere condolences to sons, Robert of Las Vegas and Tony of Caldwell, Idaho, sisters, Mae McFall of Ogden, Utah, and Deanie Pope of Reno, brother, Jerry of Bakersfield, California, and five grandchildren; and be it further


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ê1997 Statutes of Nevada, Page 3689 (File Number 118, ACR 53)ê

 

      Resolved, That Angelo Collis will long be remembered for his contributions to athletics in Clark County and for the compassion and understanding that he generously gave to his students and friends throughout his life; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Angelo Collis’ sons, Robert and Tony.

________

 

FILE NUMBER 119, ACR 54

Assembly Concurrent Resolution No. 54–Assemblymen Evans, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

FILE NUMBER 119

ASSEMBLY CONCURRENT RESOLUTION–Commending Nevadans who assist legal immigrants in learning English and becoming naturalized citizens.

 

      Whereas, Apart from Native Americans, every American citizen’s ancestors came to the United States from a foreign land as immigrants; and

      Whereas, These immigrants are mothers and fathers, children and grandparents who left their country, said goodbye to their families, often risked their lives, and left everything familiar to them to come to this country for opportunities and the religious and political freedoms offered by this great democracy; and

      Whereas, This country is one of the most successful multi-ethnic nations in history because we have united immigrants and their descendants from every country in the world around a commitment to democracy and diversity within the framework of national political unity; and

      Whereas, While a significant number of immigrants are persons whose training and education lead them to incomparable opportunities and financial security, many of these people bring only their hopes and dreams and, therefore, need support and encouragement to learn the English language, pursue additional education and otherwise acquire the necessary skills needed to enable them to contribute their talents to this country; and

      Whereas, Upon arriving in the United States, many immigrants must often work long hours and hold more than one job to provide for their family members here and those who remain in their old country; and

      Whereas, Nevadans celebrate the vast ethnic diversity of this state’s residents and recognize and appreciate the many contributions immigrants have brought and continue to bring to this country, as teachers, doctors, homemakers, lawyers, nurses, Nobel prize winners, renowned researchers, writers, farm workers, religious leaders and political leaders, and through their customs, music, literature, art and culture; and

      Whereas, Many Nevadans have taken an active role in encouraging and assisting legal immigrants to embrace this nation and its values and acquire the necessary skills and education that will enable these newcomers to merge into the diverse fabric of American society; and

 


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ê1997 Statutes of Nevada, Page 3690 (File Number 119, ACR 54)ê

 

the necessary skills and education that will enable these newcomers to merge into the diverse fabric of American society; and

      Whereas, Such a person is Priscilla Rocha, a recent recipient of the Citizen of the Month Award from the City of Las Vegas and a founding member of the Hispanic Association for Bilingual Literacy and Education, known as HABLE, which coordinates classes in English as a second language at 10 schools in the Clark County area; and

      Whereas, Priscilla Rocha’s belief in the power of education to transform one’s life has had a positive effect and benefited many students who have come here to make this country their home and offer their skills for the betterment of our society; and

      Whereas, Another such person is Emma Sepulveda, an Associate Professor in the Department of Foreign Languages and Literatures at the University of Nevada, Reno, who teaches a course designated “Spanish 401” in which the students are assigned to governmental agencies and nonprofit organizations to provide translation services free of charge; and

      Whereas, During the 4 years that Spanish 401 has been offered at the University of Nevada, Reno, Emma Sepulveda has facilitated the provision of invaluable translation services to the residents of Washoe County and given her students the opportunity to hone their language skills and experience the great satisfaction that can be gained by helping others; and

      Whereas, The University of Nevada, Reno, also deserves to be commended for recognizing the need to offer courses that facilitate the provision of needed services to the community and its residents; and

      Whereas, In addition to innovative ways that individual Nevadans have found to assist immigrants, certain businesses, civic organizations and volunteer associations throughout this state have joined forces to provide immigrants with assistance in learning English, acquiring job skills, becoming familiar with community resources and attaining citizenship; and

      Whereas, The El Dorado Hotel, with the cooperative assistance of the Northern Nevada Hispanic Chamber of Commerce, the Washoe County School District, the YMCA, the Girl Scouts and the Children’s Cabinet, has established a free program to assist immigrants in learning English; and

      Whereas, This cooperative effort, known as the “I Can Do Anything” program, has contributed to building the confidence and self-esteem of immigrants who reside in Washoe County and otherwise assisted the immigrants in reaching their goals and achieving their dreams; and

      Whereas, The Mirage Resorts Hotel in Las Vegas routinely conducts a naturalization program for immigrants and supports its employees in becoming citizens; and

      Whereas, The Mirage’s first very successful naturalization program gave assistance in completing the citizen application process, provided a series of educational programs developed by its training department and culminated in a swearing-in ceremony for 93 employees who became American citizens; and

      Whereas, The Culinary Workers’ Union (Local 226) in Las Vegas assists members and their families in learning English and provides individual assistance in completing the complicated naturalization forms required for citizenship; and


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ê1997 Statutes of Nevada, Page 3691 (File Number 119, ACR 54)ê

 

      Whereas, These are a representative sample of the individual persons, businesses and organizations that are assisting in this noble goal; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature recognizes and commends the outstanding contributions of the many Nevadans who are helping legal immigrants formalize their commitment to the United States; and be it further

      Resolved, That the members of the Nevada Legislature acknowledge the many contributions that legal immigrants have made to this state and country; and be it further

      Resolved, That the members of the Nevada Legislature urge and encourage all Nevadans to take an active role to welcome legal immigrants to our state and provide opportunities for immigrants to learn English and attend naturalization classes so they can share in the responsibilities and benefits offered to all people of the United States of America; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Priscilla Rocha, Emma Sepulveda, Joseph Crowley, President of the University of Nevada, Reno, Ian Hill, Director of Hotel Services for the El Dorado Hotel, Steve Wynn, owner of the Mirage Resorts Hotel, and John Wilhelm, head of the Culinary Workers’ Union Local 226.

________

 

FILE NUMBER 120, SCR 59

Senate Concurrent Resolution No. 59–Senators Jacobsen, Adler, Augustine, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 120

SENATE CONCURRENT RESOLUTION–Memorializing Douglas County pioneer Frederick H. Dressler.

 

      Whereas, With the passing of Carson Valley native Fred Dressler, Nevada has lost a beloved friend and pioneer from the early days in the Carson Valley; and

      Whereas, Frederick Hugh Dressler was born on August 3, 1898, to William Frederick Dressler and Margaretta Park Dressler; and

      Whereas, Fred Dressler spent his entire life in Douglas County, growing up on his parents’ ranch, which at one time covered approximately 30,000 acres in the Carson Valley and in Lyon County in Nevada and in Alpine, Mono and El Dorado counties in California; and

      Whereas, Fred Dressler received his education in the Douglas County School District, graduating from Douglas County High School in 1918, at the site that is now the Carson Valley Museum and Cultural Center; and

      Whereas, For over 100 years, the Dressler family employed members of the Washoe Tribe on their ranch, and at an early age Fred Dressler learned to speak the Washoe language fluently, becoming close friends with many members of the tribe; and

 


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ê1997 Statutes of Nevada, Page 3692 (File Number 120, SCR 59)ê

 

learned to speak the Washoe language fluently, becoming close friends with many members of the tribe; and

      Whereas, Fred Dressler’s father, William Dressler, deeded 40 acres to the Federal Government for the Washoe Tribe in 1917, and in appreciation for this consideration, the Washoe Tribe named the town “Dresslerville,” in honor of the Dressler family; and

      Whereas, In 1969, Fred Dressler received the “Distinguished Nevadan” award from the University of Nevada, Reno, and that same year he was named Carson Valley’s “Man of the Year”; and

      Whereas, Fred Dressler was a devout member of the Carson Valley Masonic Lodge #33, receiving his 75-year pin in 1994; and

      Whereas, Fred Dressler was past President and charter member of the National Cowboy Hall of Fame in Oklahoma City, Oklahoma, and was a former head of both the state and national Cattleman’s Association; and

      Whereas, A true cowboy and rancher for his entire life, Fred Dressler enthusiastically participated in the annual Pony Express ride for several years, making his final ride in 1992; and

      Whereas, Fred Dressler is survived by his son, Frederick William Dressler, and daughter, Luetta Bergevin, of Gardnerville, brothers, Myron P. Dressler of Eugene, Oregon, and Milton N. Dressler of Moraga, California, and sister, Margaretta Jeffrey of Walnut Creek, California, 6 grandchildren and 12 great-grandchildren; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature extends its heartfelt sympathy to the family of Frederick H. Dressler; and be it further

      Resolved, That Frederick Hugh Dressler was a man who is often fondly referred to as one of the founding fathers of the Carson Valley, a man who will forever walk with dignity in the hearts of his many friends; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Fred Dressler’s son, Frederick William Dressler, and daughter, Luetta Bergevin.

________

 

FILE NUMBER 121, SR 9

Senate Resolution No. 9–Senators Raggio and Titus

FILE NUMBER 121

SENATE RESOLUTION–Designating certain members of the Senate as regular and alternate members of the Legislative Commission.

 

      Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Rules of the Legislature, Senators Randolph J. Townsend, Mark A. James, Mike McGinness, Ernest E. Adler, Joseph M. Neal, Jr. and Alice Costandina Titus are designated as the regular Senate members of the Legislative Commission; and be it further

      Resolved, That Senators William J. Raggio and Maurice E. Washington are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Kathy Augustine and Jon C.


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

ê1997 Statutes of Nevada, Page 3693 (File Number 121, SR 9)ê

 

Porter are designated as the first and second alternate members, respectively, for Senator Mark A. James; and Senators Dean A. Rhoads and Lawrence E. Jacobsen are designated as the first and second alternate members, respectively, for Senator Mike McGinness; and be it further

      Resolved, That Senators Raymond C. Shaffer and Michael A. Schneider are designated as the first and second alternate members, respectively, for Senators Ernest E. Adler, Joseph M. Neal, Jr. and Alice Costandina Titus; and be it further

      Resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting, must be as follows:

      1.  The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission, and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.

      2.  If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the commission, and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.

      3.  An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.

      4.  An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.

________

 


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

ê1997 Statutes of Nevada, Page 3694ê

 

FILE NUMBER 122, AJR 13

Assembly Joint Resolution No. 13–Committee on Natural Resources, Agriculture, and Mining

FILE NUMBER 122

ASSEMBLY JOINT RESOLUTION–Urging certain managers of public land to survey, control and promote the control of noxious weeds.

 

      Whereas, Noxious weeds have a negative effect upon the environment, impacting all residents of the State of Nevada and affecting the land used for grazing by domestic and wild animals, farmland, native habitat, open spaces and urban areas; and

      Whereas, Noxious weeds compete with native plants and spread rapidly, replacing diverse plant communities with unproductive monocultures that severely impact the environment; and

      Whereas, Once a noxious weed is introduced into an area, it becomes established, reproduces and disperses its seeds in such a manner that has often been described as “an explosion in slow motion”; and

      Whereas, Since control or management of noxious weeds is most effective and least costly during the introduction and establishment phases, and extremely difficult upon dispersal, identification of potential infestations at the early stages is essential; and

      Whereas, Problems with noxious weeds in the State of Nevada have not been as severe as in other western states, but recent floods have contributed to a potentially threatening dispersal of these destructive weeds; and

      Whereas, Economic losses from noxious weeds can reach major proportions, if ignored, when such weeds become established on lands used for grazing, and environmentally there is evidence that they reduce considerably the conservation of soil and water; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature do hereby urge the Forest Service of the U.S. Department of Agriculture, U.S. Department of Defense, U.S. Department of Energy and the Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service and National Park Service of the U.S. Department of Interior to:

      1.  Survey for, monitor and control existing noxious weed infestations;

      2.  Participate actively and in cooperation with state agencies to eradicate newly introduced and not yet established noxious weeds; and

      3.  Educate the managers of public land in the State of Nevada concerning the potential for loss of productive land if noxious weeds are allowed to proliferate; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Forest Service of the U.S. Department of Agriculture, U.S. Department of Defense, U.S. Department of Energy and the Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service and National Park Service of the U.S. Department of Interior and each member of the Nevada Congressional Delegation; and be it further

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

________

 


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

ê1997 Statutes of Nevada, Page 3695ê

 

FILE NUMBER 123, SJR 18

Senate Joint Resolution No. 18–Committee on Commerce and Labor

FILE NUMBER 123

SENATE JOINT RESOLUTION–Urging Congress to reform the Food and Drug Administration to ensure that health care products, therapies and cures are available to the public in a timely manner.

 

      Whereas, Better health care for all Americans is a significant national goal and one component to improved health care is the development and approval of safe and effective health care products, therapies and cures; and

      Whereas, New products, therapies and cures derived from medical technology are improving the lives of millions of Americans and with meaningful reform of the Food and Drug Administration, could significantly reduce the cost of health care; and

      Whereas, Minimizing delays between the creation and approval of a new product derived from the advances of medical technology is a vital public health goal; and

      Whereas, The competitiveness and success of industries based on biotechnology, medical devices and pharmaceutical products in the United States is dependent upon the ability of those industries to market new products in a timely manner; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature respectfully urge Congress to address this important issue by enacting comprehensive legislation to reform the governing statutes and operation of the Food and Drug Administration to ensure that health care products, therapies and cures can be brought to the market as quickly as possible while preserving the safety of all Americans; and be it further

      Resolved, That it is imperative that the Federal Government be responsive to the changing health care market and ensure that the excellence of innovation in medicine in the United States be maintained; and be it further

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

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

________

 


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

ê1997 Statutes of Nevada, Page 3696ê

 

FILE NUMBER 124, ACR 43

Assembly Concurrent Resolution No. 43–Committee on Judiciary

FILE NUMBER 124

ASSEMBLY CONCURRENT RESOLUTION–Encouraging certain nonprofit organizations and governmental agencies to establish programs to protect children from sexual molestation.

 

      Whereas, The children of this state are its most valuable resource and also one of its most vulnerable populations; and

      Whereas, The children of this state deserve to be protected from crime before it occurs, including protection from sexual molestation and every effort must be made to ensure that they are protected; and

      Whereas, There were 310 substantiated cases of sexual molestation committed against children in the State of Nevada in 1995; and

      Whereas, Volunteers throughout this state, in the course of providing invaluable services for nonprofit organizations and governmental agencies, often exercise supervisory or disciplinary control over children or have direct access to or contact with children; and

      Whereas, Currently, the volunteers and children involved with nonprofit organizations and governmental agencies in this state are not subject to any requirements of training to detect and avoid sexual molestation; and

      Whereas, Many incidences of sexual molestation could be prevented by providing such volunteers and children with training concerning the prevention and detection of sexual molestation; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That nonprofit organizations and governmental agencies whose volunteers regularly render services to children are hereby encouraged to:

      1.  Adopt and enforce policies and procedures which prohibit a volunteer from being in a secluded environment with a child unless another adult reasonably has immediate and free access to the secluded environment; and

      2.  Require each volunteer to read the policies and procedures and sign a form stating that he has read and understands the policies and procedures before beginning volunteer service for the organization or agency; and be it further

      Resolved, That those nonprofit organizations and governmental agencies are further encouraged to establish an informational program for volunteers which:

      1.  Is designed to familiarize each volunteer with the generally applicable policies and procedures that prohibit a volunteer from being in a secluded environment with a child;

      2.  Sets forth specific behaviors that are, in relation to the specific activities that the volunteers will be engaging in with children, acceptable and unacceptable;

      3.  Informs each volunteer that the children have been trained to recognize and report molestation and attempted molestation; and


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

ê1997 Statutes of Nevada, Page 3697 (File Number 124, ACR 43)ê

 

      4.  Teaches each volunteer to recognize common strategies and situations used by molesters that can lead to molestation or attempted molestation; and be it further

      Resolved, That those nonprofit organizations and governmental agencies are further encouraged to establish an informational program for each child who desires to participate in the regularly scheduled activities of the organization or agency which is designed to be administered by the parent or guardian of the child to teach the child to:

      1.  Recognize common strategies and situations used by molesters to molest or attempt to molest children;

      2.  Resist attempts of child molesters; and

      3.  Report a person who attempts to molest him or another child to his parent or guardian or to another trusted adult; and be it further

      Resolved, That those nonprofit organizations and governmental agencies are further encouraged to require, as a condition of participation by the child in the activities of the organization or agency that:

      1.  The parent or guardian of the child receive a copy of the policies and procedures which prohibit a volunteer from being in a secluded environment with a child and sign a form prepared by the organization or agency affirming that the parent or guardian has read the policies and procedures and has discussed them with the child; and

      2.  The child participate in the informational program designed to teach him to recognize strategies used by child molesters, resist attempts of child molesters and report child molestation; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each nonprofit organization and governmental agency in this state whose volunteers regularly render services to children.

________

 

FILE NUMBER 125, ACR 55

Assembly Concurrent Resolution No. 55–Assemblymen Ohrenschall, Williams, Giunchigliani, Amodei, Humke, Close, Herrera, Goldwater, Arberry, Perkins, Buckley, Berman, de Braga, Neighbors, Marvel, Von Tobel, Segerblom, Chowning, Bache, Price, Mortenson, Braunlin, Sandoval, Carpenter, Anderson, Manendo, Lee, Hickey, Lambert, Freeman, Koivisto, Collins, Gustavson, Evans, Tiffany, Nolan, Hettrick, Cegavske, Parks, Dini, Krenzer and Ernaut

FILE NUMBER 125

ASSEMBLY CONCURRENT RESOLUTION–Commending retired educator Ruth Albright Stringer.

 

      Whereas, Ruth Albright Stringer, one of 10 siblings, was born to A.G. and Annie Albright of Hoxie, Arkansas, on October 9, 1909; and

      Whereas, A lifelong love for math was instilled in this young girl by a favorite teacher who made the subject interesting through the use of innovative and relevant hands-on activities that culminated in Ruth’s analyzing the numbers on freight train cars on her way to school to determine the prime factors of each number, a practice in which she still engages when looking at license plates; and

 


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

ê1997 Statutes of Nevada, Page 3698 (File Number 125, ACR 55)ê

 

determine the prime factors of each number, a practice in which she still engages when looking at license plates; and

      Whereas, Ruth Stringer’s early years growing up in a small town where she learned the value of working closely with others to improve her community instilled in her a desire to be a part of everything around her; and

      Whereas, Because of her devoted father’s often-repeated reminder, “Remember, Sister, every cloud has a silver lining,” Ruth developed a remarkably positive attitude that served her well through the Great Depression; and

      Whereas, Ruth Stringer began her first teaching position on the ninth day of the ninth month of 1929 as a third grade teacher and pursued that career for 39 years, 11 of which were in Clark County, plus an additional year as a substitute teacher; and

      Whereas, During those 39 years, a professional folder 4 inches thick, filled with positive notations and anecdotes, was compiled for this extraordinary teacher; and

      Whereas, In addition to her exemplary role as an instructor, Ruth Stringer volunteered long hours to numerous activities in the school system, such as sponsoring several classes, a cheerleading squad and a drill team for majorettes, coaching basketball teams and drama groups, planning and directing tours for her classes, and participating actively in the Parent-Teacher Association as well as many community activities such as the Girl Scouts; and

      Whereas, This dedicated teacher has been appropriately rewarded with such honors as Outstanding Teacher of the Year in Clark County in 1970, Distinguished Teacher for 1974-1975 for the Nevada State Education Association, Clark County Educator Mother of the Year in 1987 and Nevada State Retired Teachers Association Certificate in recognition of services as auditor and nominating committee chair; and

      Whereas, Ruth Stringer also found time to involve herself in political activities for 32 years because she believed one should be aware of what is happening in the community, state and nation; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature offer their commendation to Ruth Albright Stringer for her unselfish devotion to her family, her community, the educational system and the numerous organizations of which she is a part; and be it further

      Resolved, That the members of this legislative body express their admiration for this true educator who exemplifies the highest standards of character and is a role model for countless students and teachers; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Ruth Albright Stringer.

________

 


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

ê1997 Statutes of Nevada, Page 3699ê

 

FILE NUMBER 126, SJR 13

Senate Joint Resolution No. 13–Senator Porter

FILE NUMBER 126

SENATE JOINT RESOLUTION–Urging Congress to provide for a bridge with four traffic lanes to serve as a bypass to the existing highway over Hoover Dam.

 

      Whereas, The point at which U.S. Route 93 crosses the Hoover Dam on the border of the states of Nevada and Arizona is the major commercial corridor between Nevada and Arizona, the major commercial corridor between the states of Arizona and Utah and is on the North American Free Trade Agreement (NAFTA) “CANAMEX” route between Mexico and Canada; and

      Whereas, Presently, this portion of the highway is one of the most congested sections of two-lane highway in the country with continual traffic each day of approximately 1,500 trucks and buses and 12,427 cars, and drivers often cross the double yellow line into oncoming traffic in an attempt to negotiate the serpentine curves; and

      Whereas, Every time there is an accident, the lack of shoulders on the side of the highway interferes with the access of persons delivering emergency medical assistance and causes significant road closures; and

      Whereas, This traffic situation poses a serious safety hazard to the more than 1 million visitors who tour Hoover Dam each year; and

      Whereas, Other alternative commercial routes between Arizona and the states to the north are through California, an additional distance of more than 250 miles and the other northbound highways are also more unsuitable for this amount of traffic than the present U.S. Route 93; and

      Whereas, The traffic congestion caused by the inadequacy of the highway across Hoover Dam imposes serious economic burdens on the states of Nevada, Arizona and Utah and interferes with commerce on the vital “CANAMEX” corridor; and

      Whereas, The traffic on the existing highway has increased many times since it was opened 60 years ago and is expected to increase by 50 percent in the next 10 years; and

      Whereas, Construction of a bridge with four traffic lanes with connecting roadways to the existing U.S. Route 93 will serve as a vital link between Interstate Highway No. 40 and Interstate Highway No. 15; and

      Whereas, The states of Nevada and Arizona have an interest in the maintenance of their respective portions of U.S. Route 93; and

      Whereas, Over $3,000,000 has been spent by the Federal Government and the states of Nevada and Arizona to study the possibility of a bypass of the present highway over Hoover Dam; and

      Whereas, Presently the states of Nevada and Arizona are cooperating with the Federal Highway Administration, the U.S. Bureau of Reclamation and the National Park Service to complete an environmental impact statement for a bypass of the present highway over Hoover Dam; and

      Whereas, The portion of U.S. Route 93 over Hoover Dam is owned and controlled by the Federal Government and is not maintained by either of the states of Nevada or Arizona; and


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

ê1997 Statutes of Nevada, Page 3700 (File Number 126, SJR 13)ê

 

      Whereas, The Federal Government has the sole responsibility to fund future costs associated with any upgrades on this portion of the highway; and

      Whereas, U.S. Route 93 was designated a NAFTA corridor and identified as a “high priority corridor” in the National Highway System Designation Act of 1995; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature hereby urge Congress to approve legislation to include among the highway projects to be federally funded a bridge with four traffic lanes that would serve as a bypass to the existing highway over Hoover Dam and would connect existing highways to U.S. Route 93; and be it further

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

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

________

 

FILE NUMBER 127, ACR 25

Assembly Concurrent Resolution No. 25–Assemblywomen Krenzer and Evans

FILE NUMBER 127

ASSEMBLY CONCURRENT RESOLUTION–Urging the agencies within the State of Nevada to cooperate to meet the needs of communities to encourage employment of as many of the residents of this state as is possible.

 

      Whereas, Employment promotes the self-sufficiency of families, thriving communities and a healthy economy; and

      Whereas, The State of Nevada has expressed its commitment to provide employment opportunities through its investment in economic development, business linkages and support of local communities; and

      Whereas, To ensure that employment opportunities are accessible to all residents interested and capable of working, the State of Nevada is committed to the development of its workforce which has been demonstrated by the establishment of Nevada Workforce Agencies and School to Careers Programs and by the consolidation of employment and training programs into the Department of Employment, Training and Rehabilitation; and

      Whereas, These employment and training services are available throughout the state and provided by a variety of state, educational, private nonprofit and for profit agencies; and

      Whereas, These employment and training services often have restrictions relating to the eligibility of participants in the program based on funding requirements that often cause confusion and frustration for the employer, persons seeking employment and agencies administering the programs; and


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

ê1997 Statutes of Nevada, Page 3701 (File Number 127, ACR 25)ê

 

      Whereas, It is in the best interests of the State of Nevada to provide ease of access for employers and persons seeking employment by providing services that have flexibility and commonly agreed upon definitions of successful performance; and

      Whereas, These efforts will improve opportunities for persons seeking employment by providing more variety in the selection of occupations, reducing state and local restrictions on eligibility for certain funding, promoting increased accountability and increasing the interest of the private sector in utilizing training programs and services provided by state agencies, thereby resulting in a more efficient use of the money allocated for these purposes; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That all agencies involved in funding and regulating employment and training are hereby encouraged to cooperate, collaborate, integrate services, seek waivers and take other measures to customize services to meet individual and community needs for an economy based on the employment of as many of its residents as possible; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Department of Employment, Training and Rehabilitation for distribution to agencies involved in funding and regulating employment and training.

________

 

FILE NUMBER 128, ACR 45

Assembly Concurrent Resolution No. 45–Assemblymen Williams, Cegavske, Gustavson, Collins, Chowning, Koivisto, Manendo, Ohrenschall, Von Tobel, Hickey and de Braga

FILE NUMBER 128

ASSEMBLY CONCURRENT RESOLUTION–Urging the board of trustees of each county school district to develop and adopt standards for disciplining pupils who are enrolled in the public schools within the school district.

 

      Whereas, The Legislature has a constitutional duty to provide for a uniform system of common schools in this state; and

      Whereas, Disciplinary problems of pupils who are enrolled in the public schools are increasingly disrupting the educational process and thereby inhibiting the ability of all pupils in the public schools to learn; and

      Whereas, The public schools in this state are increasingly reporting incidents of violence and other unacceptable behavior by pupils on school grounds, including violence against staff and other pupils, possession of dangerous weapons and possession and distribution of controlled substances; and

      Whereas, Parents and legal guardians of pupils and educational personnel express grave concerns about the safety of pupils on school grounds; and

      Whereas, In many school districts, the rules of behavior required of pupils are not consistently enforced throughout all the public schools within the school district; and


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

ê1997 Statutes of Nevada, Page 3702 (File Number 128, ACR 45)ê

 

      Whereas, In many school districts, the punishment prescribed for the violations of the rules of behavior are not consistently applied throughout all the public schools within the school district; and

      Whereas, The board of trustees of the Nye County School District, in cooperation with pupils, parents and legal guardians of pupils, teachers, school administrators and local law enforcement agencies, has developed and adopted a district-wide policy for pupil discipline which has proven effective; and

      Whereas, All pupils, teachers and other school staff deserve a learning and working environment that is safe and free from unacceptable behavior by pupils, including violence and other criminal activity; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature hereby urges the board of trustees of each county school district in this state, in cooperation and consultation with pupils, parents and legal guardians of pupils, teachers, school administrators and local law enforcement agencies, to:

      1.  Review and consider the policy for pupil discipline adopted by the Nye County School District;

      2.  Develop and adopt standards for disciplining pupils who are enrolled in the public schools in the school district that will be consistently enforced and applied in each public school within the school district; and

      3.  Ensure that the public schools within the school district offer a healthy and safe learning environment for pupils, free from violence and other criminal activity; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the board of trustees of each county school district in this state.

________

 

FILE NUMBER 129, SJR 12

Senate Joint Resolution No. 12–Committee on Finance

FILE NUMBER 129

SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to allow the investment of state money to stimulate economic development.

 

      Whereas, Emerging competition in other states and federally regulated territories threatens the long-term growth of the State of Nevada in its vital gaming industry; and

      Whereas, Financial programs necessary to ensure business expansion and high-quality job growth do not currently provide the business sector of this state with adequate access to the types of money and capital essential to support the growth of a diversified economic base; and

      Whereas, The Nevada constitution currently contains restrictions, based on conditions existing in the 19th century, That have prevented the Legislature from considering legislation similar to laws enacted in several other states which would permit prudently managed investments in public-private partnerships and corporations designed to provide needed sources of capital for high-quality, job-creating businesses and low-cost housing programs within this state that cannot feasibly obtain such financing from existing private financial markets in an easily accessible and efficient manner; and

 


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

ê1997 Statutes of Nevada, Page 3703 (File Number 129, SJR 12)ê

 

programs within this state that cannot feasibly obtain such financing from existing private financial markets in an easily accessible and efficient manner; and

      Whereas, The State of Nevada must remain competitive with other states in providing the necessary financial tools to attract the types of businesses and industries that would diversify the economic base of this state and improve the standard of living for the residents of this state; and

      Whereas, The benefits to be derived from an effort toward strong economic development throughout this state may be jeopardized if current restrictions in the Nevada constitution are not replaced with more flexible and contemporary standards that both protect public investments in economic development projects and provide access to the type of financing needed to stimulate the growth of businesses and industries throughout this state which will provide the high-quality jobs, increased property values and enhanced standard of living desired by Nevadans; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That section 9 of article 8 of the constitution of the State of Nevada be amended to read as follows:

      [Sec: 9.  The]

      Sec. 9.  1.  Except as otherwise provided in subsections 2 and 3, the State shall not donate or loan money [,] or its credit [,] to, or subscribe to or be [,] interested in the Stock of any company, association, or corporation . [, except]

      2.  The legislature may enact legislation, approved by a vote of two-thirds of the members of each house, to authorize the investment of state money in any company, association or corporation for the purpose of stimulating the economic diversification or development of this state and the creation of new employment opportunities for the residents of this state, subject to the following conditions:

      (a) Before any such investment is authorized, a determination must be made by a person or entity designated in the authorizing legislation that:

             (1) The investment is for the economic development of this state or the creation of new employment opportunities in this state; and

             (2) This state can reasonably expect to achieve a reasonable rate of return on the investment, adjusted for the relative degree of risk.

      (b) Each such investment by this state must be made through a cooperative venture with private investors of reasonable sophistication who participate in the venture on terms that are the same as or less favorable than the terms on which this state is participating.

Revenue received from investments pursuant to this subsection may be reinvested subject to the same conditions.

      3.  The provisions of this section do not apply to corporations formed for educational or charitable purposes.

________

 


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ê1997 Statutes of Nevada, Page 3704ê

 

FILE NUMBER 130, AJR 8

Assembly Joint Resolution No. 8–Assemblymen Goldwater, Ernaut, Chowning, Collins, Hettrick, de Braga, Sandoval, Cegavske, Gustavson, Lee, Braunlin, Koivisto, Amodei, Herrera, Arberry, Anderson, Bache, Parks, Lambert, Freeman, Perkins, Buckley, Von Tobel, Ohrenschall, Humke, Close, Giunchigliani, Williams, Berman, Neighbors, Marvel, Segerblom, Carpenter, Tiffany, Hickey, Manendo, Evans, Krenzer, Nolan, Price, Mortenson and Dini

FILE NUMBER 130

ASSEMBLY JOINT RESOLUTION–Urging Congress to enact the Southern Nevada Public Land Management Act of 1997.

 

      Whereas, There is an extensive amount of public land managed by the Bureau of Land Management which is interspersed with or adjacent to private land in the Las Vegas Valley; and

      Whereas, The Las Vegas metropolitan area is the fastest growing urban area in the United States and a sale or other transfer of some or all of this public land in the Las Vegas Valley would facilitate better community expansion and growth; and

      Whereas, Because public land managed by the Federal Government in Nevada is not taxable, a sale or transfer of that land into private ownership would provide additional land subject to taxation in the State of Nevada; and

      Whereas, To promote responsible and orderly development in the Las Vegas Valley, it is imperative that certain public land be sold or exchanged by the Federal Government based on recommendations made by local governments and the residents of the State of Nevada; and

      Whereas, During the 105th session of Congress, Senator Richard H. Bryan, for himself and Senator Harry Reid, introduced the Southern Nevada Public Land Management Act of 1997 in the United States Senate and Representative John Ensign introduced the Southern Nevada Public Land Management Act of 1997 in the United States House of Representatives; and

      Whereas, The Southern Nevada Public Land Management Act of 1997 provides that certain proceeds from the sale of public land in Clark County may be used for the acquisition of environmentally sensitive land in the State of Nevada, with priority given to lands located in Clark County; and

      Whereas, The Southern Nevada Public Land Management Act of 1997 provides that before initiating efforts to acquire land pursuant to the Act, the Secretary of the Interior or Secretary of Agriculture must consult with the State of Nevada, the local government within whose jurisdiction the land is located and other interested persons concerning the necessity of making the acquisition, the potential impacts on the state and local government and other appropriate aspects of the acquisition; and

      Whereas, It is the understanding of the Legislature of the State of Nevada that actions will not be taken pursuant to the Southern Nevada Public Land Management Act of 1997 in such a manner as to have an adverse effect on the sparsely populated and rural counties of the State of Nevada; now therefore, be it


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

ê1997 Statutes of Nevada, Page 3705 (File Number 130, AJR 8)ê

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Legislature of the State of Nevada hereby urges Congress to enact the Southern Nevada Public Land Management Act of 1997; and be it further

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

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

________

 

FILE NUMBER 131, AJR 10

Assembly Joint Resolution No. 10–Assemblywoman de Braga

FILE NUMBER 131

ASSEMBLY JOINT RESOLUTION–Urging Congress and the Uniform Law Commissioners to make certain changes to the laws regarding jurisdiction over matters of child custody.

 

      Whereas, The mental and physical health and well-being of a child is jeopardized when his parent or guardian is threatened with or subjected to acts of domestic violence; and

      Whereas, To avoid such threats or acts of domestic violence, the parent or guardian will often move the child to another state; and

      Whereas, The legislatures of each of the 50 states have adopted in some form the Uniform Child Custody Jurisdiction Act, which sets forth various grounds on which courts may assert jurisdiction over matters of child custody; and

      Whereas, Congress enacted the Parental Kidnapping Prevention Act in 1980, which applies to any case involving the custody of a child for which the court of more than one state may assert jurisdiction; and

      Whereas, The Parental Kidnapping Prevention Act sets forth similar grounds on which courts may assert jurisdiction over matters of child custody; and

      Whereas, Although the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act provide that a court may assert jurisdiction over a matter of child custody in emergency situations in which the child has been threatened with or subjected to abuse, these Acts do not address the exercise of such jurisdiction when the parent or guardian of a child is threatened with or subjected to acts of domestic violence; and

      Whereas, In addition, neither Act establishes a clear order of priority for the exercise of jurisdiction by courts in matters of child custody; and

      Whereas, Failure to provide courts with an order of priority for the exercise of jurisdiction has led to conflicts over which court may retain jurisdiction when two courts in different states assert jurisdiction, resulting in the issuance of conflicting orders and the delayed resolution of matters of child custody; now, therefore, be it


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ê1997 Statutes of Nevada, Page 3706 (File Number 131, AJR 10)ê

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature hereby urge the Uniform Law Commissioners to adopt an amendment to the Uniform Child Custody Jurisdiction Act and urge Congress to amend the Parental Kidnapping Prevention Act to:

      1.  Provide that the threat or occurrence of an act that constitutes domestic violence against a parent or guardian of a child constitutes grounds for the exercise of emergency jurisdiction by a court over a matter of child custody; and

      2.  Establish an order of priority for the exercise of jurisdiction over matters of child custody and provide that emergency jurisdiction enjoys the highest priority; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the National Conference of Commissioners on Uniform State Laws, the members of the Nevada Delegation to the National Conference of Commissioners on Uniform State Laws, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

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

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FILE NUMBER 132, SJR 16

Senate Joint Resolution No. 16–Committee on Natural Resources

FILE NUMBER 132

SENATE JOINT RESOLUTION–Urging interested public and private entities to work cooperatively for the establishment and operation of public shooting ranges and recreational facilities in Clark County, Nevada.

 

      Whereas, The population of Clark County, Nevada, has increased dramatically in recent years to an estimated population of more than 1.1 million; and

      Whereas, Because of the increased growth in the population of Clark County, several areas in the county used as shooting ranges have been closed because they were public health hazards; and

      Whereas, Because of the closure of those areas, many residents of Clark County do not have a legal shooting range upon which to use their firearms; and

      Whereas, Persons from the Division of Wildlife of the State Department of Conservation and Natural Resources, the Bureau of Land Management in Clark County, the Clark County Department of Parks and Recreation and several private organizations have determined a need for the establishment of a safe and properly supervised shooting range and recreational facility for use by the residents of Clark County; and


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ê1997 Statutes of Nevada, Page 3707 (File Number 132, SJR 16)ê

 

      Whereas, The commitment of a significant amount of land and financial resources in one or more locations in Clark County will be necessary to address this demonstrated need effectively and safely; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada hereby expresses its support for the establishment and operation of one or more public shooting ranges and recreational facilities in Clark County; and be it further

      Resolved, That the Legislature of the State of Nevada hereby urges the public and private entities interested in establishing and operating public shooting ranges and recreational facilities in Clark County to work cooperatively to achieve this objective; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the District Manager of the Bureau of Land Management in Clark County, the State Director of the Bureau of Land Management, the Director of the Clark County Department of Parks and Recreation and the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources; and be it further

      Resolved, That the Legislature of the State of Nevada hereby urges the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources to provide copies of this resolution to private organizations interested in establishing and operating public shooting ranges and recreational facilities in Clark County; and be it further

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

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FILE NUMBER 133, AJR 12

Assembly Joint Resolution No. 12–Assemblymen Collins, Parks, Carpenter, Gustavson, Segerblom, Amodei, Sandoval, Tiffany, Mortenson, Anderson, Close, Price, Giunchigliani, Hettrick, Koivisto, Krenzer, Herrera, Lee, Manendo, Berman, Nolan, Ohrenschall, Marvel, Neighbors, Williams, Arberry, Goldwater, Humke, Von Tobel, de Braga, Chowning, Lambert, Cegavske, Bache, Evans, Dini, Freeman, Braunlin, Ernaut and Perkins

FILE NUMBER 133

ASSEMBLY JOINT RESOLUTION–Urging Congress to adopt a “Rodeo Freedom Act.”

 

      Whereas, Within the State of Nevada, the sport of rodeo has great historical, cultural and social significance, and is an important attraction for domestic and foreign tourism; and

      Whereas, Professional rodeos generate substantial economic activity and are significant sources of income, employment, recreation and enjoyment for Nevadans; and

      Whereas, The sponsors associated with rodeos of the Professional Rodeo Cowboys Association assist in sustaining rodeos, making this sport affordable and accessible to millions of rodeo fans; and

      Whereas, Despite the importance of such events to the economy of Nevada and to the economies of other western states, federal agencies have proposed restrictions upon the activities of sponsors, programs and advertising connected with rodeo events; and

 


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ê1997 Statutes of Nevada, Page 3708 (File Number 133, AJR 12)ê

 

proposed restrictions upon the activities of sponsors, programs and advertising connected with rodeo events; and

      Whereas, Such restrictions, if adopted, would jeopardize the financial viability of rodeos, causing considerable loss to tourism and related industries and interfering with the enjoyment of rodeo events by the millions of Americans who attend rodeos annually; and

      Whereas, These restrictions would impose unconstitutional limitations on both commercial speech and the freedom of association of the membership of the Professional Rodeo Cowboys Association; and

      Whereas, During the 104th session of Congress, Senators Richard Bryan and Harry Reid jointly introduced the “Rodeo Freedom Act of 1995,” which, if enacted, would have prohibited the regulation by the Secretary of Health and Human Services and the Commissioner of Food and Drugs of any activity of sponsors or sponsorship programs connected with, or any advertising used or purchased by, the Professional Rodeo Cowboys Association or any other professional rodeo association; now, therefore, be it

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

      Resolved, That the members of the 69th Session of the Nevada Legislature do hereby urge Congress to enact legislation patterned after the “Rodeo Freedom Act of 1995”; and be it further

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

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

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FILE NUMBER 134, SR 10

Senate Resolution No. 10–Senators Townsend, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener

FILE NUMBER 134

SENATE RESOLUTION–Congratulating Clark J. Guild, Jr., for his years of public service to the State of Nevada.

 

      Whereas, Clark J. Guild, Jr., is a member of a pioneer Nevada family who first settled in Dayton, Nevada, during the Comstock Era; and

      Whereas, Clark J. Guild, Jr., is the son of Judge Clark J. Guild, who served the State of Nevada as Lyon County Clerk, Lyon County District Attorney and for 28 years as a District Court Judge and who also was the founder of the Nevada State Museum; and


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ê1997 Statutes of Nevada, Page 3709 (File Number 134, SR 10)ê

 

      Whereas, Clark J. Guild, Jr., has been an attorney for over 48 years, distinguishing himself and his profession in an honorable way; and

      Whereas, Clark J. Guild, Jr., is the longest continually registered lobbyist working at the Nevada Legislature, and in that capacity, he has set a standard for honesty, integrity, intelligence, advocacy and acumen, and by so doing Clark J. Guild, Jr., has earned the respect of his fellow lobbyists, the staff of the Legislature and the members of the Legislature for 48 years; and

      Whereas, Clark J. Guild, Jr., has contributed throughout his life to his community and the State of Nevada by, among other distinctions, being twice elected as President of the Washoe County Bar Association, being elected President of the Reno Y.M.C.A. Board of Directors, Chairman and member of the Board of Directors of Southwest Gas Corporation, member of the Board of Regents of the University of Nevada, Chairman of United Way of Northern Nevada, member of the Advisory Board of the University of Nevada Medical School and member of the Desert Research Institute Research Foundation, and being selected as a Distinguished Nevadan by the Board of Regents of the University of Nevada; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Clark J. Guild, Jr., for his many years of service to his beloved state; and be it further

      Resolved, That this legislative body hereby commends Clark J. Guild, Jr., for his years of public service to his community and the State of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Clark J. Guild, Jr.

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FILE NUMBER 135, ACR 56

Assembly Concurrent Resolution No. 56–Committee on Elections, Procedures, and Ethics

FILE NUMBER 135

ASSEMBLY CONCURRENT RESOLUTION–Limiting the number of requests that may be submitted to the Legislative Counsel during the interim for drafting and directing the completion of 1,000 bill drafts before the first day of the 70th session of the Nevada Legislature.

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Counsel shall, except as otherwise provided by specific statute, honor only the number of requests for the drafting of a bill or a resolution for the 1999 legislative session that are authorized pursuant to this resolution; and be it further

      Resolved, That each incumbent or newly elected Assemblyman is entitled to request 10 measures before the 1999 session begins; and be it further

      Resolved, That each incumbent or newly elected Senator is entitled to request 20 measures before the 1999 session begins; and be it further


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ê1997 Statutes of Nevada, Page 3710 (File Number 135, ACR 56)ê

 

      Resolved, That the chairman of each standing committee of the 1997 legislative session, or a person designated in the place of the chairman by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, is additionally entitled to request before the 1999 session 1 measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 measures that were referred to the respective standing committee during the 1997 session; and be it further

      Resolved, That a person designated after the general election in 1998 as a chairman of a standing committee for the 1999 session, or a person designated in the place of a chairman by the person designated as the Speaker of the Assembly or Majority Leader of the Senate for the 1999 session, is entitled to request the remaining number of the measures allowed for the respective standing committee that were not requested by the previous chairman or designee; and be it further

      Resolved, That the Governor or his designated representative is entitled to transmit to the Legislative Counsel before the 1999 session no more than 250 measures approved on behalf of state agencies, boards and departments of the executive branch of government pursuant to subsection 1 of NRS 218.245, except that the Department of Administration may request before or during the legislative session without limitation as many measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the state; and be it further

      Resolved, That the constitutional officers are entitled to request no more than the following numbers of measures:

Attorney General........................................................................................................ 35

State Controller............................................................................................................. 5

Secretary of State....................................................................................................... 15

State Treasurer............................................................................................................. 5

Lieutenant Governor.................................................................................................... 2

and be it further

      Resolved, That the judicial branch of government is entitled to request no more than the following numbers of measures:

Supreme Court/Administrative Office of the Courts............................................ 20

Nevada Judges Association...................................................................................... 5

and be it further

      Resolved, That the Board of Regents of the University of Nevada is entitled to request no more than 5 measures on behalf of the University and Community College System of Nevada; and be it further

      Resolved, That the requests submitted by the state agencies, boards and departments, local governments, courts and other authorized nonlegislative requesters must be in a subject related to the function of the requester; and be it further

      Resolved, That the chairman of the Legislative Commission is entitled to request 15 measures with the approval of the commission for matters relating to the affairs of the Legislature or its employees, including measures requested by legislative staff; and be it further

      Resolved, That the chairman of the Interim Finance Committee is entitled to request 10 measures with the approval of the committee for matters within the scope of the committee; and be it further


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ê1997 Statutes of Nevada, Page 3711 (File Number 135, ACR 56)ê

 

      Resolved, That a committee which conducts an interim legislative study is, except as otherwise provided by specific statute or resolution, entitled to request 10 measures within the scope of the study; and be it further

      Resolved, That the Secretary of the Senate and the Chief Clerk of the Assembly may request such measures as are necessary or convenient to the proper exercise of their duties; and be it further

      Resolved, That the Speaker of the Assembly and the Majority Leader of the Senate are each entitled to request 15 measures, and the Minority Leader of the Assembly and the Minority Leader of the Senate are each entitled to request 10 measures, in addition to the number otherwise authorized in this resolution; and be it further

      Resolved, That a person designated after the general election in 1998 as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the 1999 session is entitled to request the remaining number of the measures allowed for the respective officer that were not requested by the previous officer; and be it further

      Resolved, That the Legislative Counsel shall not honor requests for measures that have been combined in violation of section 17 of article 4 of the Nevada constitution; and be it further

      Resolved, That the Legislative Counsel is hereby directed to take all actions necessary to complete 1,000 bill drafts before the first day of the 1999 legislative session, if enough bill draft requests have been made to allow drafting that amount; and be it further

      Resolved, That the Legislative Commission is directed to take all actions necessary to allow the legal division of the Legislative Counsel Bureau to achieve the goal of completing 1,000 bill drafts before the first day of the 1999 legislative session; and be it further

      Resolved, That the Legislative Counsel shall, as nearly as practicable, draft the same number of measures for each of the respective houses before the beginning of the 1999 legislative session, and not less than 200 measures for each house, unless all measures requested by one house have been completed; and be it further

      Resolved, That the Legislative Counsel shall not assign a number to a request for a legislative measure for the purpose of establishing its priority until sufficient detail has been submitted to allow complete drafting of the measure; and be it further

      Resolved, That a requester may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

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ê1997 Statutes of Nevada, Page 3712ê

 

FILE NUMBER 136, AR 17

Assembly Resolution No. 17–Committee on Education

FILE NUMBER 136

ASSEMBLY RESOLUTION–Amending the Standing Rules of the Assembly by adding additional members to the Standing Committee on Education.

 

      Resolved by the Assembly of the State of Nevada, That Rule No. 40 of the Standing Rules of the Assembly as adopted for the 69th session of the Legislature is hereby amended to read as follows:

 

40

 

Rule No. 40.  Standing Committees.

      The standing committees of the Assembly are as follows:

      1.  Ways and Means, fifteen members.

      2.  Judiciary, fourteen members.

      3.  Taxation, eleven members.

      4.  Education, [eleven] thirteen members.

      5.  Elections, Procedures, and Ethics, nine members.

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

      7.  Labor and Management, nine members.

      8.  Transportation, nine members.

      9.  Commerce, eleven members.

      10.  Health and Human Services, ten members.

      11.  Government Affairs, fourteen members.

      12.  Infrastructure, eleven members.

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FILE NUMBER 137, SCR 62

Senate Concurrent Resolution No. 62–Committee on Commerce and Labor

FILE NUMBER 137

SENATE CONCURRENT RESOLUTION–Commending the State Industrial Insurance System and the Division of Industrial Relations of the Department of Business and Industry for the reduction of industrial injuries.

 

      Whereas, By 1991, the State of Nevada had one of the highest rates of industrial injuries in the western United States; and

      Whereas, These industrial injuries caused workers and their families great suffering; and

      Whereas, The cost of these industrial injuries created a burden on the employers in the State of Nevada and the economy of this state and contributed to a financial crisis at the State Industrial Insurance System; and

      Whereas, In 1991 and 1993, the Nevada Legislature enacted far-reaching measures to encourage establishment of safe conditions in the workplace through occupational safety education for workers and employers and penalties for employers who failed to implement safety measures; and

      Whereas, The Nevada Legislature entrusted the State Industrial Insurance System and the Division of Industrial Relations of the Department of Business and Industry with the responsibility for developing and deploying programs on education, training and safety inspection to promote a safe workplace, thereby avoiding industrial injuries with their attendant suffering and costs; and

 


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ê1997 Statutes of Nevada, Page 3713 (File Number 137, SCR 62)ê

 

of Business and Industry with the responsibility for developing and deploying programs on education, training and safety inspection to promote a safe workplace, thereby avoiding industrial injuries with their attendant suffering and costs; and

      Whereas, The dedicated employees at the State Industrial Insurance System and the Division of Industrial Relations have vigorously carried out the legislative directives; and

      Whereas, As a result of the efforts of employers, labor representatives and the workers themselves, the percentage of worker’s compensation claims in fiscal year 1995 declined by nearly 40 percent since the inception of the workplace safety and health initiatives in 1992; and

      Whereas, These efforts have eliminated approximately 22,500 industrial injuries and avoided the attendant pain and suffering, as well as saving the businesses of Nevada more than $450 million over that 3-year period; and

      Whereas, On February 5, 1996, the United States Department of Labor awarded the Division of Industrial Relations its annual IMPACT award for outstanding innovations and contributions to improved occupational safety and health; and

      Whereas, That was the first time this prestigious award had been given to a state; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature recognizes the outstanding efforts of the employees of the State Industrial Insurance System and the Division of Industrial Relations and commends and extends its gratitude for the success of each person in eliminating industrial injuries, thereby avoiding suffering and saving money for this state; and be it further

      Resolved, That the Nevada Legislature is especially proud of the Administrator of the Division, Ron Swirczek, and Assistant Administrator, Helen Aberle, and the staff from the Occupational Safety and Health Enforcement, including Chief Administrative Officer Danny Evans and Rosie Alston, Amy Atkins, Deborah Austin, Nancy Barnhart, Michael Behling, Stewart Benefield, Jarka Chmelikova, Linda Clement, Stephan Coffield, Todd Curcio, Chris Davis, Victor Eppinger, Victor Flashman, Victor Garcia, Jimmie Garrett, Brandi Gill, David Going, Sharon Gold, Juan Hernandez, Britt Hill, Nancy Hill, Roger Hundley, Elizabeth Johnson, Laura Jurad, Orita Keebaugh, Ron Landram, David Leazer, Donald (Pete) Lossing, Jean Marion, Gilbert Mata, Kathy Mathers, Maritza McLaughlin-Galleron, Rich Meier, Connie Morros, Cal Murphy, Bonnie Nishikawa, Louise Norton, Mary Oakes, Ronald Parker, Roy Perry, David Placencia, David Richardson, Robert Robbins, Joseph Saiz, Irene Sarette, Randy Schlecht, Billy Sharp, Shirley Shest, Thomas Skiver, Ken Springstead, Mona Tatro, Cathy Tersteege, Joan Tiearney, Dennis Tuckness, Fred Weaver, Victor Wheatley, John Wisniewski, Kenneth White and Donald Wright, and Safety Consultation and Training, including Chief Administrative Officer Ken Thomas and Gary Brown, Mary Jo Brown, John Burke, Jerry Burnette, Suzanne Buswell, Monica Chatelle, Thomas Clonan, Jerry DiVicino, Arnold Frank, Dalton Hooks, Curt Johnson, Mark Kantorowicz, Debbie Kemnitz, David Martin, Lafayette Moseley, Mary Neithercut, Orville Reed, Antonio Samson, Arthur Sipple, Gary Sloop, Mike Szczesniak, Donald Ulemek, Michelle Vieira, Marguerite Wilkes and John Zumwalt, and Mine Safety and Training, including Chief Administrative Officer Ed Tomany and Nikki Barnett, Larry Blaylock, Skip Flanagan, Jim Frei, Mary Going, Gary Greene, Hollie Harvey, William Hawkins, Norton Pickett and Leonard Sloan; and be it further

 


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ê1997 Statutes of Nevada, Page 3714 (File Number 137, SCR 62)ê

 

Mike Szczesniak, Donald Ulemek, Michelle Vieira, Marguerite Wilkes and John Zumwalt, and Mine Safety and Training, including Chief Administrative Officer Ed Tomany and Nikki Barnett, Larry Blaylock, Skip Flanagan, Jim Frei, Mary Going, Gary Greene, Hollie Harvey, William Hawkins, Norton Pickett and Leonard Sloan; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Business and Industry, the Administrator of the Division of Industrial Relations and the Manager of the State Industrial Insurance System.

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FILE NUMBER 138, SCR 61

Senate Concurrent Resolution No. 61–Senators Coffin, Adler, Augustine, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

FILE NUMBER 138

SENATE CONCURRENT RESOLUTION–Memorializing Joseph and Mary Blasco, long-time residents of Las Vegas.

 

      Whereas, It was with profound sorrow that the members of the Nevada Legislature learned of the deaths of Joseph Blasco in January 1994, and his wife, Mary, who preceded him in death in December 1992; and

      Whereas, Joseph Blasco was born on June 17, 1913, in Zaragoza, Spain; and

      Whereas, When Joseph Blasco was 5 years old, his family, which included his parents, four brothers and a sister, moved to the United States and settled in Ohio; and

      Whereas, In 1930, Joseph Blasco’s family moved to California where Joseph met and married the former Mary Guasti in 1938, and over the years they raised their five children, Maria, Jose, Susan, Angela and Jim; and

      Whereas, After establishing a successful contracting career in California that included contracts to work on the Los Angeles County Flood Control, Douglas Air Force Base in San Pedro, Friant-Kern Canal from Fresno to Bakersfield and bomber runways at March Air Force Base, Joseph and Mary Blasco moved to Las Vegas in 1952 when he was awarded the contract to supply concrete for the Nellis Ammunition Depot; and

      Whereas, Joseph Blasco’s contracting business in Nevada grew rapidly and included working for the Atomic Energy Commission for 3 years at Yucca Flats and later building apartments, warehouses, shopping centers, subdivisions and mobile home parks in the Las Vegas area; and

      Whereas, During these years, Mary Blasco’s life revolved around raising their children; and

      Whereas, Joseph Blasco’s lifetime dream became a reality in 1983 with the completion of the Spanish Trail Community, a planned community of homes and condominiums surrounded by one of the most beautiful golf courses in the United States for which he was instrumental in guiding the development, with the help of his children and their spouses; and


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ê1997 Statutes of Nevada, Page 3715 (File Number 138, SCR 61)ê

 

      Whereas, Joseph and Mary Blasco were greatly involved in the building of St. Anne’s school and church, the Bishop Gorman High School and the Christ the King Church; and

      Whereas, Joseph and Mary Blasco were large donors to the City of Hope, and in 1985 they donated their house to the UNLV Foundation to be used as the residence for the president of the university; and

      Whereas, Joseph Blasco was a highly respected civic leader who chaired the Clark County Planning Commission, was a former Clark County Grand Jury Foreman and was a founding board member of the Boys and Girls Clubs of Las Vegas, and in the early 1960’s, he was appointed a special assistant to Governor Laxalt; and

      Whereas, Joseph and Mary Blasco were committed to helping persons with disabilities, and their philanthropic efforts were greatly appreciated in 1989 when they donated money to the State of Nevada to build a residential treatment unit for autistic children, dedicated as the Joseph and Mary Blasco Diagnostic Center in honor of their generosity; and

      Whereas, Joseph and Mary Blasco also donated the money to establish the Nevada Association for the Handicapped Nursery Training Center, which was Nevada’s first training center for disabled persons supported entirely by retail nursery sales; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature express their sincere condolences to the family of Joseph and Mary Blasco; and be it further

      Resolved, That Joseph and Mary Blasco will long be remembered for their service, contributions, achievements and generosity on behalf of the residents of the State of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Joseph and Mary Blasco’s children, sons, Jose and James and daughters, Maria Quirk, Susan Sarret and Angela Becker, all of Las Vegas.

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FILE NUMBER 139, SCR 63

Senate Concurrent Resolution No. 63–Committee on Transportation

FILE NUMBER 139

SENATE CONCURRENT RESOLUTION–Requesting the return to the Senate from the Governor’s office of Senate Bill No. 137.

 

      Whereas, Senate Bill No. 137 has passed both houses of the 69th session of the Legislature, has been enrolled and delivered to the Governor; and

      Whereas, Senate Bill No. 137 needs further legislative attention; now, therefore, be it


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ê1997 Statutes of Nevada, Page 3716 (File Number 139, SCR 63)ê

 

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 137 to the Senate for further consideration.

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FILE NUMBER 140, ACR 32

Assembly Concurrent Resolution No. 32–Committee on Elections, Procedures, and Ethics

FILE NUMBER 140

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of family court systems.

 

      Whereas, In 1991, the Nevada Legislature created family courts as a division of the district court in Clark and Washoe counties; and

      Whereas, The family courts were established to handle legal problems encountered by families in a timely and efficient manner; and

      Whereas, Contrary to the intended result, the families who have used the family courts have experienced needless delays and court orders that are not enforced, resulting in considerable stress and financial problems for the families; and

      Whereas, Testimony has indicated that certain family court judges have taken approximately 2 years to decide cases involving child custody; and

      Whereas, The caseload in the family courts has increased as much as 30 percent during the past 4 years; and

      Whereas, In 1996, the family courts had approximately one and one-half times as many cases as the district courts, while the family courts had only half as many judges to carry this increased caseload; and

      Whereas, There has been an apparent reluctance by the staff and judges of family courts to collect and provide information concerning the performance and efficiency of the family courts; and

      Whereas, It appears that the family courts lack the resources required to adjudicate in a timely manner all of the cases involving divorce, child custody and support disputes, guardianship disputes, juvenile delinquency, adoption, paternity issues and domestic violence; and

      Whereas, Additional information is required to help resolve these concerns and to assist the family court system to become more efficient and effective; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee composed of four members of the Senate and four members of the Assembly to conduct an interim study of the family courts in this state; and be it further

      Resolved, That at least one of the legislators appointed to the subcommittee must be a resident of a county whose population is less than 100,000; and be it further

      Resolved, That the Legislative Commission shall designate a chairman from among the members of the subcommittee; and be it further


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ê1997 Statutes of Nevada, Page 3717 (File Number 140, ACR 32)ê

 

      Resolved, That the subcommittee make a concerted effort to hear testimony from persons and on behalf of governmental agencies involved in or affected by the family court system, such as:

      1.  The former members of the Clark County Family Court Implementation Committee;

      2.  County family services agency;

      3.  Family Courts and Services Center;

      4.  Court Appointed Special Advocate (CASA);

      5.  Family Mediation and Assessment Center (FMAC);

      6.  Child protective services agency;

      7.  Child Haven;

      8.  Family Violence Center;

      9.  Persons familiar with probate and guardianship programs;

      10.  Persons familiar with the Uniform Reciprocal Enforcement of Support Act (URESA) relating to paternity and family support;

      11.  Court interpreters;

      12.  Persons who operate drug court programs;

      13.  Administrators of the Family Courts; and

      14.  Neighborhood Justice Centers; and be it further

      Resolved, That the study must include, but is not limited to, an evaluation of:

      1.  The organization and operation of family courts, including a review of the structure and administration of the family courts with consideration given to such factors as caseloads, facilities, staff resources, information technology and public access to court records;

      2.  The jurisdiction of family courts;

      3.  The time required to render decisions in family courts, particularly for cases concerning divorce and child custody, and possible actions that would expedite those proceedings;

      4.  The role of mediation and other alternative methods used in the resolution of disputes in family law matters, including an analysis and evaluation of laws in the State of California that require mediation before parties are allowed access to family courts;

      5.  Whether more programs and services should be made available to parents obtaining divorces to ease the transition for the affected children and methods to improve the access to existing programs and services;

      6.  Reports produced by the courts, including the preparation of task-oriented statistics;

      7.  The standardization of procedures and the consistency in decisions and judgments among the departments of the family court;

      8.  The involvement of the Family Mediation and Assessment Center;

      9.  The effectiveness of the administrators and staff of the family court; and

      10.  The referral of disputes to alternative methods of resolving disputes; and be it further

      Resolved, That the subcommittee shall consult with the members of the advisory committee that is hereby created to assist the subcommittee to study the family courts in this state; and be it further


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ê1997 Statutes of Nevada, Page 3718 (File Number 140, ACR 32)ê

 

      Resolved, That the advisory committee, consisting of six members, must be appointed as follows:

      1.  One member appointed by the presiding judge of the Second Judicial District to represent the Family Court of the Second Judicial District and one member appointed by the presiding judge of the Eighth Judicial District to represent the Family Court of the Eighth Judicial District, both of whom have knowledge and experience in the administration of a family court;

      2.  One member of the Family Law Section of the State Bar of Nevada appointed by the State Bar of Nevada;

      3.  One member who is a deputy district attorney appointed by the District Attorney of Washoe County and one member who is a deputy district attorney appointed by the District Attorney of Clark County, both of whom have knowledge and experience in family court matters; and

      4.  One member who has knowledge and experience in the collection of data and the processing of information appointed by the National Council of Juvenile and Family Court Judges, and be it further

      Resolved, That the members of the advisory committee serve without salary and are not entitled to receive a per diem allowance or reimbursement for travel expenses; and be it further

      Resolved, That the appointment of the members to the advisory committee must be made as soon as practicable after July 1, 1997; and be it further

      Resolved, That except for the initial members, the term of office of each member of the advisory committee is 2 years and begins on July 1 of each odd-numbered year; and be it further

      Resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further

      Resolved, That the Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature.

________

 

FILE NUMBER 141, SCR 10

Senate Concurrent Resolution No. 10–Committee on Legislative Affairs and Operations

FILE NUMBER 141

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study concerning the fees, fines, forfeitures and administrative assessments which are imposed and collected by the courts of the State of Nevada.

 

      Whereas, The courts of this state, pursuant to authority set forth in the Nevada Revised Statutes, impose and collect a growing number of fees, fines, forfeitures and administrative assessments; and

      Whereas, It has become apparent that differing interpretations of the terms “fee,” “fine,” “forfeiture” and “administrative assessment” may affect the lawfully permissible uses to which money obtained from each of those sources may be put following collection by a court of this state; and

 


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

ê1997 Statutes of Nevada, Page 3719 (File Number 141, SCR 10)ê

 

affect the lawfully permissible uses to which money obtained from each of those sources may be put following collection by a court of this state; and

      Whereas, The residents of the State of Nevada have an interest in ensuring that money collected by the courts of this state in the form of fees, fines, forfeitures and administrative assessments is expended only in accordance with the constitution and laws of this state; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to conduct an interim study concerning the fees, fines, forfeitures and administrative assessments which are imposed and collected by the courts of the State of Nevada; and be it further

      Resolved, That the Legislative Commission shall appoint a subcommittee to conduct the study which must include an analysis of:

      1.  The authority pursuant to which the courts of this state impose and collect fees, fines, forfeitures and administrative assessments and the differing purposes, if any, for the imposition and collection of each;

      2.  Whether the courts are collecting all the fees, fines, forfeitures and administrative assessments imposed and, if not, recommend procedures to ensure that all fees, fines, forfeitures and administrative assessments imposed are collected;

      3.  Statutory language, court decisions and other relevant authorities to determine how the courts and agencies of this state should properly characterize and use the terms “fee,” “fine,” “forfeiture” and “administrative assessment”; and

      4.  The permissible uses to which money collected in the form of fees, fines, forfeitures and administrative assessments imposed by the courts of this state may be put; and be it further

      Resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further

      Resolved, That the Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature.

________

 

FILE NUMBER 142, SCR 21

Senate Concurrent Resolution No. 21–Committee on Legislative Affairs and Operations

FILE NUMBER 142

SENATE CONCURRENT RESOLUTION–Urging the Department of Motor Vehicles and Public Safety to conduct a study of the feasibility of separating the Peace Officers’ Standards and Training Committee from the Department of Motor Vehicles and Public Safety.

 

      Whereas, The Nevada Peace Officers’ Standards and Training (POST) Committee is made up of seven members of law enforcement selected from agencies across the State of Nevada and appointed by the Governor; and


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

ê1997 Statutes of Nevada, Page 3720 (File Number 142, SCR 21)ê

 

      Whereas, One of the duties of the POST Committee is to provide for the training and education of all of the peace officers in the State of Nevada to improve the system of criminal justice; and

      Whereas, The POST Committee has no funding source or ability to hire or retain employees to fulfill the duties required of them by statute and are solely dependent upon the discretion of the Director of the Department of Motor Vehicles and Public Safety to provide an appropriate budget based on the needs of the committee; and

      Whereas, The Nevada Legislature has provided the Department of Motor Vehicles and Public Safety with a funding source of court assessments to support the POST Committee; and

      Whereas, The POST Committee is consistently understaffed and unable to provide adequately all of the services that are required by the law enforcement agencies of the State of Nevada; and

      Whereas, Funding designated for the POST Committee from court assessments regularly returns to the state general fund without regard to the financial needs of the POST Committee to accomplish its assignments; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Department of Motor Vehicles and Public Safety is hereby urged to conduct a study of the feasibility of separating the Peace Officers’ Standards and Training Committee from the Department of Motor Vehicles and Public Safety; and be it further

      Resolved, That the study must include consideration of whether the POST Committee should:

      1.  Be funded by court assessments;

      2.  Set all training standards and guidelines for the certification and decertification of peace officers in the State of Nevada;

      3.  Provide the necessary training to all police officers and corrections officers; and

      4.  Employ a staff and maintain the necessary resources and facilities to accomplish its required duties; and be it further

      Resolved, That on or before October 1, 1998, the Department of Motor Vehicles and Public Safety submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for distribution to the members of the 70th session of the Nevada Legislature.

________

 

FILE NUMBER 143, SCR 53

Senate Concurrent Resolution No. 53–Committee on Legislative Affairs and Operations

FILE NUMBER 143

SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the construction and maintenance of highways.

 

      Whereas, During the 67th Session of the Nevada Legislature, in 1993, Assembly Bill No. 378 was enacted requiring the Legislative Commission to conduct an interim study concerning the financing of the construction and maintenance of highways and roads in this state; and

 


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

ê1997 Statutes of Nevada, Page 3721 (File Number 143, SCR 53)ê

 

conduct an interim study concerning the financing of the construction and maintenance of highways and roads in this state; and

      Whereas, As a result of that study, recommendations for legislation were prepared by the Legislative Counsel Bureau and included in Bulletin No. 95-2, September 1994; and

      Whereas, Two years later, the current tax and funding structures report significant shortfalls, lack stability, are inadequate and continue to be insufficient for the construction and maintenance of roads and highways in this state; and

      Whereas, The need for the construction and maintenance of these highways and roads has escalated in the past 2 years to a point where consideration must be given to addressing this critical component of the state’s infrastructure; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to conduct an interim study of the construction and maintenance of the highways and roads in this state; and be it further

      Resolved, That the Legislative Commission shall appoint a committee that consists of:

      1.  Four members of the Senate, with two members appointed from the standing committee on transportation and two members appointed from the standing committee on taxation; and

      2.  Four members of the Assembly, with two members appointed from the standing committee on transportation and two members appointed from the standing committee on taxation; and be it further

      Resolved, That the study must include:

      1.  A review of the findings and recommendations for legislation of the 1994 interim study and whether such recommendations were implemented by the 68th Session of the Nevada Legislature;

      2.  A review of federal, state and local revenue sources to identify possible new sources of money to meet the shortfalls;

      3.  Consideration of the effect on the State of Nevada of the several options for highway reauthorization that are currently being considered by Congress;

      4.  An examination of the policies that could be changed to make more efficient use of current revenue sources; and

      5.  An examination of the innovative funding opportunities that are used in other states, such as partnerships between public and private entities; and be it further

      Resolved, That no action may be taken by the study committee on recommended legislation unless it receives a majority vote of the Senators on the committee and a majority vote of the Assemblymen on the committee; and be it further

      Resolved, That the Legislative Commission report the results of its study and any recommended legislation to the 70th session of the Nevada Legislature.

________

 


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

ê1997 Statutes of Nevada, Page 3722ê

 

FILE NUMBER 144, SR 11

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

FILE NUMBER 144

SENATE RESOLUTION–Commending the Grand Canyon Air Tour Council of Nevada.

 

      Whereas, Air touring has been a tradition at the Grand Canyon for over 70 years; and

      Whereas, The Nevada portion of the Grand Canyon air tour industry employs over 1,200 persons, with an annual economic impact of approximately $250 million to the State of Nevada; and

      Whereas, Approximately 800,000 persons from all over the world enjoyed air tours of the Grand Canyon in 1996, of which 30 percent, or 240,000 persons, were 50 years of age or older; and

      Whereas, The air tour industry provides access to the Grand Canyon backcountry and many of its most spectacular sights and without air tours only a small minority of visitors who have the time and physical ability to hike the area would be afforded access to many of these magnificent sights; and

      Whereas, Air tours have an additional advantage over several other forms of travel in the Grand Canyon in that there is no permanent impact on the fragile environment of the Grand Canyon; and

      Whereas, In 1987, Congress passed legislation, which has been successful, to reduce noise caused by air tours at the Grand Canyon and in 1988 a special Federal Aviation Administration (FAA) Regulation made 86 percent of the park flight free; and

      Whereas, In addition to the further reduction of noise to ground visitors in the park, newly proposed FAA regulations would impose curfews and limitations on air tours and place additional areas of the park off limits to air tours which could have a dramatic effect on the survival of this important industry; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the Legislature of the State of Nevada hereby commends the Grand Canyon Air Tour Council of Nevada for its resolute course of action in opposition to efforts to eliminate or further restrict air tour flights over the Grand Canyon; and be it further

      Resolved, That the Nevada Air Tour operators are recognized for their important economic contribution to Nevada’s tourism industry and the economy of Southern Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Bob McCune, Executive Director of the Grand Canyon Air Tour Council.

________

 


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

ê1997 Statutes of Nevada, Page 3723ê

 

FILE NUMBER 145, SCR 46

Senate Concurrent Resolution No. 46–Committee on Legislative Affairs and Operations

FILE NUMBER 145

SENATE CONCURRENT RESOLUTION–Urging the Board of Regents of the University of Nevada to conduct a study regarding the teacher training programs of the University and Community College System of Nevada.

 

      Whereas, The State of Nevada is the fastest growing state in the nation and is experiencing a phenomenal increase in enrollments in the public school system; and

      Whereas, The Clark County School District alone enrolls the equivalent of one classroom of children every day, which is the equivalent of one elementary school every month; and

      Whereas, The school districts in this state hired an additional 1,800 new classroom teachers for the 1996-1997 school year; and

      Whereas, The University and Community College System of Nevada is governed by the Board of Regents of the University of Nevada; and

      Whereas, An average of 200 students who have completed the teacher training program graduate annually from the College of Education at the University of Nevada, Reno, and an average of 350 students who have completed the teacher training program graduate annually from the College of Education at the University of Nevada, Las Vegas; and

      Whereas, Only an estimated 80 percent of the total of those who have completed teacher training programs remain in the State of Nevada; and

      Whereas, School districts in this state must, as a consequence, hire an increasing number of teachers from out of state to fill the necessary teaching positions; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature respectfully urges the Board of Regents of the University of Nevada to conduct a study regarding the projected need for teachers in the public school system; and be it further

      Resolved, That the study include an evaluation of:

      1.  The projected number of teachers that will be required to be hired to meet the needs of the public schools of this state over the next decade;

      2.  The current enrollment of students in the schools of education in the University and Community College System of Nevada and the ability of the university system to accommodate an increase in students seeking to become teachers;

      3.  Whether the projected enrollment of students in the schools of education is anticipated to meet the needs for new teachers; and

      4.  If an increase in enrollment in students entering such programs is anticipated, the advisability and cost of expanding teacher training programs and the advisability and costs of expanding the physical facilities necessary to meet the anticipated need for expanding the teacher training programs; and be it further

      Resolved, That the Nevada Legislature respectfully urges the Board of Regents of the University of Nevada to submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the 70th session of the Legislature; and be it further

 


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ê1997 Statutes of Nevada, Page 3724 (File Number 145, SCR 46)ê

 

Director of the Legislative Counsel Bureau for transmittal to the 70th session of the Legislature; and be it further

      Resolved, That the report include estimates of expenditure requirements of the University and Community College System of Nevada for expansion of the teacher training programs and to provide additional required physical facilities for the teacher training programs as recommended in the report by the Board of Regents of the University of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Board of Regents of the University of Nevada.

________

 

FILE NUMBER 146, SCR 60

Senate Concurrent Resolution No. 60–Committee on Commerce and Labor

FILE NUMBER 146

SENATE CONCURRENT RESOLUTION–Requiring the Legislative Commission to conduct an interim study of the statutes of this state and other states that establish criteria for determining whether a person is mentally ill and of the feasibility of adopting a program of outpatient civil commitment for persons who are mentally ill.

 

      Whereas, Certain persons in the State of Nevada suffer from mental disorders that render them dangerous to themselves and the public; and

      Whereas, The existing laws in the State of Nevada do not currently address participation in programs of outpatient civil commitment for persons whose mental illness renders them dangerous or unable to care for themselves; and

      Whereas, There is a clear need for the involuntary treatment of certain mentally ill persons who are unable to make informed decisions regarding treatment and who show evidence of a significant probability of continued mental or emotional deterioration unless treatment is provided; and

      Whereas, If feasible, a program of outpatient civil commitment for mentally ill persons in this state could address this need; and

      Whereas, Other states have instituted various programs of civil commitment that may serve as models for a program in this state; and

      Whereas, The establishment of a program of outpatient civil commitment further requires the development of a training program for all judges and magistrates performing duties related to civil commitment process; and

      Whereas, The establishment of a program of outpatient civil commitment requires the development of legal parameters to ensure the protection of the rights of mentally ill persons to avoid negative effects on those persons through inappropriate interference with or interruption of the established treatment plans of those persons; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint an interim committee, composed of members of the Assembly and members of the Senate, to conduct an interim study concerning the feasibility of adopting a program of outpatient civil commitment for mentally ill residents of this state with the objective of helping mentally ill residents to lead more productive lives; and be it further

 


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ê1997 Statutes of Nevada, Page 3725 (File Number 146, SCR 60)ê

 

mentally ill residents of this state with the objective of helping mentally ill residents to lead more productive lives; and be it further

      Resolved, That the study include, without limitation, an examination, review and evaluation of:

      1.  The statutes of this state and other states, including, without limitation, the provisions of chapter 433A of NRS, that establish criteria for determining whether a person is mentally ill for the purposes of evaluation, treatment and outpatient civil commitment;

      2.  The types and rates of success of the various programs of outpatient civil commitment for mentally ill residents in other states;

      3.  The feasibility of adopting a program of outpatient civil commitment for mentally ill residents in this state;

      4.  The development of programs of training for judges, magistrates and other professionals involved in the administration of such a program; and

      5.  The expected benefits of such a program to the public and to the mentally ill residents who are committed to the program; and be it further

      Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Assembly appointed to the committee and a majority of the members of the Senate appointed to the committee; and be it further

      Resolved, That the Legislative Commission submit a report of the results of the study and any recommended legislation to the 70th session of the Nevada Legislature.

________

 

FILE NUMBER 147, SJR 3 of the 68th Session

Senate Joint Resolution No. 3 of the 68th Session–Senators Raggio, O’Connell, Augustine, Jacobsen, James, Lowden, Mathews, McGinness, Neal, O’Donnell, Porter, Regan, Townsend and Washington

FILE NUMBER 147

SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to commence each regular session of the legislature in February, to limit the length of each regular session and to require the governor to submit a proposed executive budget before the commencement of each regular session.

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That section 2 of article 4 of the constitution of the State of Nevada be amended to read as follows:

      Sec. 2.  1.  The sessions of the Legislature shall be biennial, and shall commence on the [3rd] 1st Monday of [January next ensuing] February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.

      2.  The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.


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ê1997 Statutes of Nevada, Page 3726 (File Number 147, SJR 3 of the 68th Session)ê

 

      3.  The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.

And be it further

      Resolved, That section 12 of article 17 of the constitution of the State of Nevada be amended to read as follows:

      Sec: 12.  The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially . [, commencing on the first Monday of January].

________

 

FILE NUMBER 148, SJR 14 of the 68th Session

Senate Joint Resolution No. 14 of the 68th Session–Senators James, Augustine, Jacobsen, Lee, Lowden, Mathews, McGinness, Neal, O’Connell, Porter, Raggio, Regan, Shaffer, Townsend and Washington

FILE NUMBER 148

SENATE JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to authorize the legislature to provide for the abatement of taxes on property used in a manner that conserves water.

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:

      Section 1.  1.  The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, which shall be assessed and taxed only as provided in section 5 of this article.

      2.  Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.

      3.  The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.

      4.  Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation.


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

ê1997 Statutes of Nevada, Page 3727 (File Number 148, SJR 14 of the 68th Session)ê

 

State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.

      5.  The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.

      6.  The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.

      7.  No inheritance tax shall ever be levied.

      8.  The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.

      9.  The legislature may by law provide for the abatement of taxes on property used, in whole or in part, in a manner that conserves water.

      10.  No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the state.

________

 

FILE NUMBER 149, AJR 20

Assembly Joint Resolution No. 20–Committee on Natural Resources, Agriculture, and Mining

FILE NUMBER 149

ASSEMBLY JOINT RESOLUTION–Expressing the strenuous objection of the Nevada Legislature to the recent decision of the United States Bureau of Reclamation regarding the spreading of water from the Carson River.

 

      Whereas, To avoid flood damage during certain periods of high water since 1986, the Truckee-Carson Irrigation District has performed precautionary releases of water from the Lahontan Reservoir and disposed of the water for beneficial use; and

      Whereas, During these periods, the district has delivered excess water to any and all lands without concern for charging for the delivery of the water to a person possessing a valid and existing water right, a practice that is known as spreading; and


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

ê1997 Statutes of Nevada, Page 3728 (File Number 149, AJR 20)ê

 

      Whereas, In 1995 and 1996, the district spread water, under criteria approved by the Bureau of Reclamation of the United States Department of the Interior, when Lahontan Reservoir exceeded target storage levels; and

      Whereas, On April 29, 1997, the Bureau of Reclamation again authorized the district to spread water; and

      Whereas, On May 19, 1997, the Bureau of Reclamation rescinded the order that allowed the district to spread water during periods of excess flow without charging for the delivery of the water to persons holding a valid and existing water right; and

      Whereas, The district initially complied with the letter of the Bureau of Reclamation of May 19, 1997, and allowed excess water to flow into the Carson Sink, where it evaporated; and

      Whereas, On May 23, 1997, Chief Judge Lloyd D. George, United States District Court, District of Nevada, saying that an emergency existed, overruled the order of the Bureau of Reclamation, allowed the spreading of water from the Lahontan Reservoir to resume and ordered the Bureau of Reclamation to develop criteria for future spreading; and

      Whereas, Despite the intervention of the United States District Court, the rescission of the Bureau of Reclamation of the authority of the Truckee-Carson Irrigation District to spread water reduced the water available for irrigation, could have caused flooding and clearly wasted water that could have been put to beneficial use; and

      Whereas, The district has filed a motion in federal district court three times since 1986 to gain the authority to spread water; and

      Whereas, Common sense and the laws of this state dictate that the Bureau of Reclamation should put excess water to beneficial use in this state; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby expresses its strenuous objection to the decision of May 19, 1997, of the Bureau of Reclamation of the United States Department of the Interior which rescinded its approval of the spreading of water from the Lahontan Reservoir; and be it further

      Resolved, That the Nevada Legislature hereby urges the Bureau of Reclamation of the United States Department of the Interior to give its fullest consideration to the needs and recommendations of the Truckee-Carson Irrigation District in the development of criteria for future spreading of water from the Lahontan Reservoir; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the United States Bureau of Reclamation and each member of the Nevada Congressional Delegation; and be it further

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

________

 


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ê1997 Statutes of Nevada, Page 3729ê

 

FILE NUMBER 150, AJR 5

Assembly Joint Resolution No. 5–Assemblymen Price, Giunchigliani, Carpenter, Goldwater, Lambert, Sandoval, Manendo, Arberry, Mortenson, Lee, Segerblom, Evans, Freeman, Bache, Krenzer, Chowning, Nolan, Koivisto, Anderson, Buckley, Ohrenschall, Amodei, Close, Herrera, Parks, Cegavske, Williams, Berman, de Braga, Neighbors, Tiffany, Ernaut and Dini

FILE NUMBER 150

ASSEMBLY JOINT RESOLUTION–Proposing to amend the Nevada constitution to provide for limited annual legislative sessions.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 4, and sections 2 and 33 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:

      Sec. 29A.  The Legislature shall adjourn sine die each:

      1.  Regular session in an:

      (a) Odd-numbered year not later than midnight in the Pacific standard time zone 120 calendar days following its commencement. Any legislative action taken in a regular session in an odd-numbered year after midnight in the Pacific standard time zone on the 120th calendar day is void.

      (b) Even-numbered year not later than midnight in the Pacific standard time zone 45 calendar days following its commencement. Any legislative action taken in a regular session in an even-numbered year after midnight in the Pacific standard time zone on the 45th calendar day is void.

      2.  Special session not later than midnight in the Pacific standard time zone 20 calendar days following its commencement. Any legislative action taken in a special session after midnight in the Pacific standard time zone on the 20th calendar day is void.

      Sec. 2.  [The]

      1.  Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [3rd Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.] first Monday of March.

      2.  The Governor, by proclamation:

      (a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.

      (b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.

      3.  The Governor shall submit:

      (a) In odd-numbered years, the proposed executive budget; and


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ê1997 Statutes of Nevada, Page 3730 (File Number 150, AJR 5)ê

 

      (b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,

to the Legislature not later than 30 calendar days before the commencement of the regular session.

      [Sec:] Sec. 33.  The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session ; [convened by the governor;] but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

And be it further

      Resolved, That section 9 of article 5 of the constitution of the State of Nevada be amended to read as follows:

      [Sec:] Sec. 9.  The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.

And be it further

      Resolved, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:

      Sec. 2.  1.  Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes , [and] amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.

      2.  An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.

      3.  If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.]


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ê1997 Statutes of Nevada, Page 3731 (File Number 150, AJR 5)ê

 

is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.

      4.  If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment.


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ê1997 Statutes of Nevada, Page 3732 (File Number 150, AJR 5)ê

 

general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.

And be it further

      Resolved, That the explanation prepared pursuant to NRS 218.443 for this constitutional amendment must include a statement that, if the qualified electors of this state approve the constitutional amendment proposed by this resolution, legislators would then be entitled to receive, during each regular, annual session, compensation for each calendar day of service up to a maximum of 60 calendar days.

And be it further

      Resolved, That section 12 of article 17 of the constitution of the State of Nevada be repealed.

________

 

FILE NUMBER 151, ACR 28

Assembly Concurrent Resolution No. 28–Committee on Health and Human Services

FILE NUMBER 151

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Committee on Health Care to study the long-term health care needs of the residents of the State of Nevada and the availability of insurance for health care.

 

      Whereas, The Nevada Legislature and Congress have passed legislation in past years that has addressed several aspects of the issues related to increasing the access to insurance for health care for employees whose employers do not provide health insurance; and

      Whereas, New provisions were added to chapter 689C of NRS during the 1995 Legislative Session that allowed employers of 25 or fewer employees to join and form larger groups in an effort to reduce the high cost of group insurance for those small employers; and

      Whereas, The Nevada State Medical Association has suggested that those provisions be expanded from employers of 25 or fewer employees to include all employers and self-employed workers; and

      Whereas, Exemptions from the business tax have been proposed, as an incentive to small business employers who provide insurance for health care to their employees; and


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ê1997 Statutes of Nevada, Page 3733 (File Number 151, ACR 28)ê

 

      Whereas, Suggested reforms encourage the establishment of “risk pools” and medical savings accounts as alternatives to existing health insurance plans to improve coverage of persons with medical conditions which make the purchase of health insurance extremely difficult; and

      Whereas, The objective of such reforms is to provide full access to insurance for health care for all residents of the State of Nevada; and

      Whereas, The population of the State of Nevada has experienced unprecedented growth and a large percentage of this growth is attributable to elderly persons who have chosen to retire in this state; and

      Whereas, The health care needs of this growing segment of the population must be addressed to ensure that their needs are met with the best resources available within this state; and

      Whereas, It is important to determine the availability of services and facilities that are required for long-term health care within the State of Nevada to ensure the good health and well-being of all the residents of this state; and

      Whereas, An estimated 53 percent of all elderly persons will need the services of a nursing home at some time in their life; and

      Whereas, According to the California Partnership for Long-Term Care, approximately 44 percent of the elderly persons who are placed in a nursing home stay 12 months or less, 22 percent stay between 1 and 3 years, 13 percent stay between 3 and 5 years and 21 percent stay 5 years or more; and

      Whereas, The average cost of long-term care for elderly persons in the United States is approximately $35,000 per year, and that cost is expected to rise by an estimated 7 percent annually according to the United States Congressional Study on Aging; and

      Whereas, Medicare provides some coverage for persons who are 65 years or older for home care and nursing facilities; and

      Whereas, The growing number of elderly persons in need of long-term care is of grave concern to this legislative body; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Committee on Health Care is hereby directed to study:

      1.  The laws and other factors which relate to the availability and affordability of insurance for health care for residents of this state;

      2.  The long-term health care needs of the persons living in the State of Nevada; and

      3.  The availability of insurance for long-term care in the State of Nevada; and be it further

      Resolved, That the study must include a review of:

      1.  For the portion of the study pertaining to the availability and affordability of insurance for health care for residents of this state:

      (a) The impact and effectiveness of the current laws of the State of Nevada concerning:

             (1) The use and availability of basic health insurance plans and voluntary purchasing groups for small employers;

             (2) The implementation of medical savings accounts; and

             (3) Access and care for indigent persons;


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ê1997 Statutes of Nevada, Page 3734 (File Number 151, ACR 28)ê

 

      (b) The impact of the federal Health Insurance Portability and Accountability Act of 1996 on uninsured employees in this state; and

      (c) Reforms in laws relating to insurance for health care enacted in other states;

      2.  For the portion of the study pertaining to the long-term health care needs of the persons living in the State of Nevada:

      (a) The availability and affordability of home-health care for persons in this state and the effectiveness of the coverage of Medicare and Medicaid relating to the expenses incurred for long-term health care;

      (b) The financial impact on the families of persons who require long-term health care;

      (c) The effectiveness and availability of agencies that provide health care in the home and whether that health care is affordable for the majority of the residents of this state;

      (d) Whether the programs that provide hospice care are providing adequate physical, psychological, custodial and spiritual care for persons who are terminally ill;

      (e) Whether current licensing requirements for persons providing long-term health care are sufficient; and

      (f) Whether programs that are currently available within the University and Community College System of Nevada meet the educational needs of the staff required for nursing care facilities and for home-health care; and

      3.  For the portion of the study pertaining to the availability of insurance for long-term care in the State of Nevada:

      (a) The estimated need for insurance for long-term care in Nevada;

      (b) The availability of policies for long-term care from insurance companies licensed to provide insurance to residents of this state;

      (c) The affordability of such policies;

      (d) How the programs by which other states offer such policies to public employees, with an examination of the California Partnership for Long-Term Care;

      (e) Partnership models from other states, including other “pooling” and “grouping” systems which allow employees to receive discounted rates; and

      (f) Strategies and systems for increasing the availability and affordability of such policies to workers in this state through insurance programs provided by employers and other mechanisms; and be it further

      Resolved, That no action may be taken by the Legislative Committee on Health Care on proposed legislation recommended as a result of this study unless it receives a majority vote of the Senators on the committee and a majority vote of the Assemblymen on the committee; and be it further

      Resolved, That the Legislative Committee on Health Care shall report the findings of the study and any recommendations for legislation to the 70th session of the Nevada Legislature.

________

 


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ê1997 Statutes of Nevada, Page 3735ê

 

FILE NUMBER 152, ACR 57

Assembly Concurrent Resolution No. 57–Committee on Elections, Procedures, and Ethics

FILE NUMBER 152

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the system of juvenile justice in the State of Nevada.

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to conduct an interim study of the system of juvenile justice in the State of Nevada; and be it further

      Resolved, That the study include, but not be limited to:

      1.  The uniformity of the administration of the juvenile justice system among the counties of this state and the cost to the counties;

      2.  The cost to the counties to administer the system of juvenile justice;

      3.  The use of alternatives to traditional methods of adjudication of children alleged to be delinquent or in need of supervision, including, but not limited to, the use of teen courts and community sentencing panels;

      4.  The practices and procedures of juvenile courts regarding the assignment of children who are adjudicated delinquent or in need of supervision to facilities for confinement, detention or care;

      5.  The facilities for confinement, detention or care of children who are adjudicated delinquent or in need of supervision in this state, including, but not limited to, the certification or licensure of such facilities, the capacity and condition of such facilities, the ability of such facilities to provide for the separation of violent and nonviolent children or any other appropriate separation of children in such facilities and the costs associated with the maintenance of such facilities; and

      6.  The penalties associated with the commission of delinquent acts by children and the application of such penalties; and be it further

      Resolved, That no action may be taken by the study committee on recommended legislation unless it receives a majority vote of the Senators on the committee and a majority vote of the Assemblymen on the committee; and be it further

      Resolved, That the Legislative Commission submit a report of the study and any recommendations for legislation to the 70th session of the Nevada Legislature.

________

 


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ê1997 Statutes of Nevada, Page 3736ê

 

FILE NUMBER 153, AJR 17

Assembly Joint Resolution No. 17–Committee on Elections, Procedures, and Ethics

FILE NUMBER 153

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to require that the Governor and the Lieutenant Governor be affiliated with the same political party and be elected jointly.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That sections 2 and 4 of article 5 of the constitution of the State of Nevada be amended to read respectively as follows:

      [Sec:] Sec. 2.  The Governor [shall] and Lieutenant Governor must be affiliated with the same political party, if any, and must be elected jointly by the casting by each qualified [electors] elector of a single vote applicable to both offices at the time and places of voting for members of the Legislature . [, and] The Governor and Lieutenant Governor shall hold [his] office for [Four Years] four years from the time of [his] their installation, and until [his successor shall be] their successors are qualified.

      [Section] Sec. 4.  The returns of every election for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the secretary of state, and the chief justice of the supreme court, and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, on a day to be fixed by law, and open and canvass the election returns for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, and forthwith declare the result and publish the names of the persons elected and the results of the vote cast upon any question submitted to the electors of the State of Nevada. The persons or, in the case of the offices of governor and lieutenant governor, the team of persons having the highest number of votes for the respective offices shall be declared elected, but in case any two or more persons or teams have an equal and the highest number of votes for the same office, the legislature shall, by joint vote of both houses, elect one of [said persons to fill said office.] the persons or teams to fill the office or offices.

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ê1997 Statutes of Nevada, Page 3737ê

 

FILE NUMBER 154, AR 18

Assembly Resolution No. 18–Committee on Elections, Procedures, and Ethics

FILE NUMBER 154

ASSEMBLY RESOLUTION–Expressing appreciation to the Chief Clerk, the staff of the front desk, the sergeant at arms and his staff and the other attaches of the Assembly for their dedication and outstanding performance during the 69th session of the Nevada Legislature.

 

      Whereas, The smooth and efficient operation of the Nevada Legislature is largely dependent upon the quality and dedication of the staff; and

      Whereas, The attaches of the Assembly, composed of bill clerks, secretaries, the sergeant at arms and his staff, the staff of the front desk and other clerical and support staff, have worked diligently and efficiently in their service to the members of this legislative body; and

      Whereas, The bill clerks, arriving at 5 a.m. or earlier, have worked their magic this session without being seen or acknowledged, even though their absence would be noticed immediately; and

      Whereas, The secretaries and other clerical support have kept minutes, listened to constituents, written letters, organized the offices of legislators, packed those offices, unpacked those offices, set up those offices again, and performed countless other important tasks necessary to the operation of this Legislature; and

      Whereas, The sergeant at arms and his staff have pleasantly performed errands, poured coffee, delivered messages, handed out countless copies of amendments and other official materials, greatly assisted in the legislative recycling program and organized the daily files of the Assembly; and

      Whereas, The Chief Clerk, the ladies of the front desk and the lone gentleman of the front desk have diligently ensured that the business of the legislative session is accurately recorded, visually presented on the viewing screens, steadily flowing and clearly presented to the listening public; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 69th session of the Nevada Legislature commend and express their heartfelt appreciation to the Chief Clerk, the staff of the front desk, the sergeant at arms and his staff and the other attaches for their dedicated service ensuring that this legislative session was successful and orderly despite technical difficulties and an expanding building; and be it further

      Resolved, That the Legislative Counsel prepare and transmit a copy of this resolution to the Chief Clerk of the Assembly, Linda Alden.

________

 


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ê1997 Statutes of Nevada, Page 3738ê

 

FILE NUMBER 155, AJR 14 of the 68th Session

Assembly Joint Resolution No. 14 of the 68th Session–Assemblymen Dini, Bache, Manendo, Spitler, Krenzer, Chowning, de Braga, Giunchigliani, Neighbors, Price, Perkins, Marvel, Hettrick, Monaghan, Close and Segerblom

FILE NUMBER 155

ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to remove the Lieutenant Governor from the position of President of the Senate, and to abolish the additional expense allowance paid to the Speaker of the Assembly and President of the Senate.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That sections 6 and 33 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:

      [Sec:] Sec. 6.  Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers , [(except the President of the Senate),] determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.

      [Sec:] Sec. 33.  The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, That an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member . [; and Furthermore Provided, That the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.]

And be it further

      Resolved, That section 17 of article 5 of the constitution of the State of Nevada be amended to read as follows:

      [Sec:] Sec. 17.  A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor and his term of Office, and his eligibility, shall also be the same. [He shall be President of the Senate, but shall only have a casting vote therein.] If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President [pro-tempore] of the Senate shall act as Governor until the vacancy [be] is filled or the disability [cease.] ceases.

________

 


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ê1997 Statutes of Nevada, Page 3739ê

 

FILE NUMBER 156, ACR 44

Assembly Concurrent Resolution No. 44–Assemblymen Williams, Cegavske, Gustavson, Collins, Chowning, Koivisto, Manendo, Ohrenschall, Von Tobel, Hickey and de Braga

FILE NUMBER 156

ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to appoint a committee to conduct an interim study of the various needs of pupils in the public schools in this state.

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint an interim committee composed of six members selected as follows:

      1.  Three members of the Senate, two of whom served during the 69th legislative session on the Senate Standing Committee on Human Resources and Facilities; and

      2.  Three members of the Assembly, two of whom served during the 69th legislative session on the Assembly Standing Committee on Education,

to conduct an interim study of the various needs of pupils in the public schools in this state; and be it further

      Resolved, That the committee may, to assist in conducting the interim study, appoint a nonvoting technical advisory board which must include, without limitation:

      1.  At least one classroom teacher who currently teaches at a public school within this state;

      2.  At least one special education teacher who currently teaches at a public school within this state;

      3.  At least one person who currently serves as a principal at a public school within this state; and

      4.  At least one parent of a pupil who currently attends a public school within this state; and be it further

      Resolved, That the study must include:

      1.  A review and evaluation of the methods for disciplining pupils currently used in the public schools in this state, including, without limitation, the methods by which the public schools respond to criminal activity on school grounds by pupils who are enrolled in the public schools;

      2.  A review and evaluation of the methods currently used in the public schools in this state for disciplining pupils with disabilities or other special needs who are participating in programs of special education, including, without limitation, the suspension of such pupils within a 10-day period, and methods to improve the effectiveness of disciplining those pupils that are in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.);

      3.  An evaluation of the degree of consistency in enforcing the rules of behavior required of pupils and whether the punishment prescribed for violations of the rules is consistently applied and commensurate with the violations;


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ê1997 Statutes of Nevada, Page 3740 (File Number 156, ACR 44)ê

 

      4.  An evaluation of methods to increase the degree of consistency in the enforcement of the rules of behavior required of pupils and the punishment prescribed for violations of the rules;

      5.  A review and evaluation of disciplinary measures that will reduce disruptive and other unacceptable behavior of pupils during school hours, including, without limitation, disciplinary measures that may be enforced during school hours, such as suspensions, detentions and alternative programs of instruction for pupils;

      6.  A review and evaluation of the methods by which public schools communicate with the parents or legal guardian of a pupil concerning disciplinary problems of the pupil and consideration of methods to improve the communication;

      7.  A review and evaluation of methods to improve the reports of incidents involving weapons or violence in the public schools that are required to be reported pursuant to NRS 385.347;

      8.  A review and evaluation of the number of pupils with disabilities and other special needs per classroom and the work load of those pupils, including recommendations for modification of the class size or work load that the committee considers necessary;

      9.  A review and evaluation of the diagnosis and placement of all pupils with disabilities and other special needs, including, without limitation, diagnosis and placement of pupils:

      (a) With fetal alcohol syndrome;

      (b) With brain disorders; or

      (c) Who were born with an addiction to a controlled substance or drug;

      10.  A review and evaluation of whether appropriate programs are available for pupils with fetal alcohol syndrome, with brain disorders and who were born with an addiction to a controlled substance or drug and recommendations to improve those programs;

      11.  A review and evaluation of the methods used by the public schools to incorporate pupils with disabilities and other special needs into the regular classroom and the effect of the incorporation on special education programs, regular classroom instruction and the number of pupils per classroom; and

      12.  A review and evaluation of any other methods for public schools to improve their ability to meet the various needs of pupils who are enrolled in the public schools in this state; and be it further

      Resolved, That any recommendations for legislation proposed by the committee must be approved by a majority of the members of the Assembly appointed to the committee and a majority of the members of the Senate appointed to the committee; and be it further

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 70th session of the Nevada Legislature.

________

 


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ê1997 Statutes of Nevada, Page 3741ê

 

FILE NUMBER 157, ACR 58

Assembly Concurrent Resolution No. 58–Committee on Elections, Procedures, and Ethics

FILE NUMBER 157

ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 69th session of the Nevada Legislature.

 

      Whereas, The members of the 69th session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and

      Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 69th session; and

      Whereas, A reasonable compensation should be provided for the clergy who performed such services; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the legislative fund to the members of the clergy who have performed religious services for the Assembly and the Senate during the 69th session of the Nevada Legislature.

________

 

FILE NUMBER 158, ACR 59

Assembly Concurrent Resolution No. 59–Committee on Elections, Procedures, and Ethics

FILE NUMBER 158

ASSEMBLY CONCURRENT RESOLUTION–Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.

 

      Whereas, The Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long hours in meeting the needs of the 69th session of the Nevada Legislature; and

      Whereas, The work produced by the State Printing Division met the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devoted to every assignment given to them; and

      Whereas, Without such outstanding service from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; and

      Whereas, This year, the members of the 69th session of the Nevada Legislature were especially proud of the national recognition Chief Donald L. Bailey, Sr., received upon being selected as the recipient of the prestigious award, “Manager of the Year,” by In-Plant Graphics Magazine; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L.


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

ê1997 Statutes of Nevada, Page 3742 (File Number 158, ACR 59)ê

 

Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication and exceptional work; and be it further

      Resolved, That Chief Donald L. Bailey, Sr., is hereby congratulated for receiving national recognition upon being named this year’s “Manager of the Year” by In-Plant Graphics magazine; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., the Chief of the State Printing Division of the Department of Administration.

________