Link to Page 3956

 

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1999 Statutes of Nevada, Page 3957 (File Number 77, SCR 16)

 

    Whereas, The Tahoe Regional Planning Compact establishes the Tahoe Regional Planning Agency to adopt and enforce a regional plan and to provide opportunities for the orderly growth and development of the Lake Tahoe Basin; and77

    Whereas, The Legislature of the State of Nevada is vitally concerned with achieving regional goals in conserving the natural resources of the entire Lake Tahoe Basin and with the programs and activities of the Tahoe Regional Planning Agency that affect these goals; and

    Whereas, As a necessary corollary to this vital concern and for the protection of Lake Tahoe, the Legislature of the State of Nevada is also concerned with the role and efforts of those federal and state agencies that have authority to regulate activities in the Lake Tahoe Basin and their interactions with and effect upon the Tahoe Regional Planning Agency and the Lake Tahoe Basin; and

    Whereas, Subcommittees of the Legislative Commission have successfully reviewed the programs and activities of the Tahoe Regional Planning Agency on previous occasions; and

    Whereas, Senate Concurrent Resolution No. 2 of the 69th Legislative Session directed the Legislative Commission to appoint a committee of six legislators composed of three members of the Senate and three members of the Assembly to continue the review of the Tahoe Regional Planning Compact and to oversee the Tahoe Regional Planning Agency; and

    Whereas, The review and oversight of the programs and activities of the Tahoe Regional Planning Agency and the role of each federal and state agency having authority and responsibility in the Lake Tahoe Basin continue to be necessary to ensure the proper functioning of those agencies; and

    Whereas, It is vital to remain in communication with members of the Legislature of the State of California to continue to achieve the goals set forth in the Tahoe Regional Planning Compact; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee of six legislators composed of three members of the Senate and three members of the Assembly to continue the review of the Tahoe Regional Planning Compact and to oversee the Tahoe Regional Planning Agency and each federal and state agency having authority to regulate activities in the Lake Tahoe Basin; and be it further

    Resolved, That the committee is directed to:

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

    2.  Study the role and activities of each federal and state agency having authority to regulate activities in the Lake Tahoe Basin, including, without limitation, their role in the protection of Lake Tahoe and their interactions with and effect upon the Tahoe Regional Planning Agency and the Lake Tahoe Basin; and be it further

    Resolved, That the committee is directed to continue to communicate with interested members of the Legislature of the State of California to achieve the goals set forth in the Tahoe Regional Planning Compact and to make an effort to meet personally with those members as soon as practicable after the appointment of the committee; and be it further


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1999 Statutes of Nevada, Page 3958 (File Number 77, SCR 16)

 

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

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FILE NUMBER 78, SCR 37

Senate Concurrent Resolution No. 37–Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 78

 

SENATE CONCURRENT RESOLUTION—Commending Operation Godspeed.

 

    Whereas, Operation Godspeed was an idea conceived by Boulder City resident Christine Combs Milburn whose goal was to display the United States flag on every home and business in Boulder City in support of our troops during the Persian Gulf War; and

    Whereas, Operation Godspeed became a nonprofit organization that incorporated in March 1991 as an organization to support the veterans of all wars; and

    Whereas, The Executive Board Members of Operation Godspeed are volunteers from all walks of life who are united by their common philosophy of old-fashioned patriotism and a commitment to honor those who serve and have served in the Armed Services of the United States; and

    Whereas, The money raised from flag sales, fund-raisers and donations has brought their philosophy alive in many ways, including purchasing a riding lawnmower and acquiring a backhoe for the Southern Nevada Veterans Memorial Cemetery and funding the “God Bless All Veterans” monument located at that cemetery; and

    Whereas, Other patriotic activities of Operation Godspeed included sponsoring an “Up With People” concert and the first “God Bless All Veterans” Memorial Day parade in Boulder City, and arranging for the Moving Wall, a one-half scale replica of the Vietnam Veterans Memorial in Washington, D.C., to be brought to Boulder City; and

    Whereas, Operation Godspeed was nominated and recognized by former President George Bush as one of the nation’s “Thousand Points of Light”; and


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1999 Statutes of Nevada, Page 3959 (File Number 78, SCR 37)

 

    Whereas, Operation Godspeed recognized a need to build an interfaith chapel at the Southern Nevada Veterans Memorial Cemetery, which is the second most utilized state veterans’ cemetery in the nation but presently has no facility for the protection of family and visitors from the elements; and

    Whereas, Operation Godspeed engaged in fundraising for a $1.2 million interfaith chapel created and designed by Mr. Ken Horak, Architect and Executive Board Member of Operation Godspeed; and

    Whereas, Operation Godspeed hosted a kick-off campaign in February 1997 in conjunction with veterans’ organizations throughout the Southern Nevada area spotlighting the need for the chapel and introducing the “Walk of Life” and “Wall of Life” paver campaign; and

    Whereas, As of April 1999, Operation Godspeed has accomplished its goal in raising $600,000 in private donations and in cooperation with the State of Nevada and the Federal State Cemetery Grant Program has scheduled the opening of bids for the first week in May of 1999 with construction to start shortly thereafter; and

    Whereas, Over the course of the next 9 months, construction will be ongoing with completion slated for February 2000;

    Whereas, Through the diligent efforts of the members of Operation Godspeed and the civic and business community of Southern Nevada, a nondenominational chapel will adorn the grounds of the Southern Nevada Veterans Memorial Cemetery; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Operation Godspeed for its commitment to patriotism and their support of the veterans of this nation; and be it further

    Resolved, That the volunteer Executive Board Members of Operation Godspeed, Christine Milburn, Elmer Marshall, Monika Czerwinski, John L. Krumm, Doug Bradford, Jack A. Porrino, Lauren Bradford, Jerry Czerwinski, Ken Horak, Wendy Krumm, Jim Knox, Barbara Knox, Jo Marshall, Judge Victor Miller, Reverend Joel Rivers, Anthony H. Wirtz, John Milburn, George Vavrek, be recognized as true “points of light” in the State of Nevada; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Executive Board of Directors of Operation Godspeed.

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FILE NUMBER 79, AJR 4

Assembly Joint Resolution No. 4–Assemblyman Goldwater

 

FILE NUMBER 79

 

ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to repeal the constitutional rule against perpetuities.

 

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 4 of article 15 of the Constitution of the State of Nevada is hereby repealed.

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1999 Statutes of Nevada, Page 3960

 

FILE NUMBER 80, ACR 62

Assembly Concurrent Resolution No. 62–Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

FILE NUMBER 80

 

ASSEMBLY CONCURRENT RESOLUTION—Memorializing former Legislator and Wolf Pack Hall of Fame inductee, James C. Bailey.

 

    Whereas, The members of the 70th Nevada Legislature were deeply saddened to learn of the passing of James C. Bailey on March 17, 1999; and

    Whereas, James C. Bailey was born on September 29, 1907, in Fallon, Nevada, to Charles S. and Victoria Lofthouse Bailey; and

    Whereas, After graduating from Churchill County High School, James Bailey attended the University of Nevada, Reno, where he lettered in football, basketball and track; and

    Whereas, From 1935 to 1938, James Bailey was a teacher and coach at Yerington High School, and in 1936, under his spirited direction, the football team won the coveted State Championship; and

    Whereas, The coaching career of James Bailey continued at the University of Nevada, Reno, until he left to serve as a Lieutenant Commander of the United States Navy during World War II; and

    Whereas, During the 1945-1946 school year, James Bailey returned as Principal to Yerington High School where, among other duties, he taught trigonometry in his office to the only two students who signed up that year, one of whom, Joe Dini, would have close contact with him again in 1967 when they both served in the Nevada Legislature; and

    Whereas, During his terms as a Nevada Assemblyman from 1957 to 1966, James Bailey served on the Ways and Means, Roads, Transportation and Aviation, Education, and Mines and Mining committees and was Minority Floor Leader of the Assembly in 1963; and

    Whereas, During these years, James Bailey was also a member of the Western Interstate Committee on Highway Policy Problems, the Joint Committee on Financial Affairs and the Legislative Commission, and his knowledge in the areas of finance and transportation was utilized further by membership on the Finance, Labor and Transportation committees during his term as a member of the Nevada Senate in 1967 and as Director of the Nevada Motor Vehicles Department from 1967 to 1970; and

    Whereas, In 1967, James Bailey was named one of the first 13 athletes inducted into the Wolf Pack Hall of Fame of the University of Nevada, Reno, and in 1998 was honored as a member of Nevada’s Team of the Century; and


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1999 Statutes of Nevada, Page 3961 (File Number 80, ACR 62)

 

    Whereas, James Bailey’s dedicated service to the residents of Northern Nevada was recognized by the Greater Reno Chamber of Commerce who presented him with the first Ron Einstoss Community Award in 1977; and

    Whereas, James Bailey is survived by his wife of 52 years, Lola Maionchi Bailey, his children, Brynne Marsh, Kathy Ebner and James Bailey Jr., all of Reno, and Sherill Evans of Lafayette, California, and his nine grandchildren and six great-grandchildren; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature extend their heartfelt sympathies to the family and friends of James Bailey; and be it further

    Resolved, That James Bailey will be remembered as a great athlete and a respected gentleman whose enthusiasm and goodness touched and inspired the lives of so many in this state; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of James C. Bailey.

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FILE NUMBER 81, ACR 59

Assembly Concurrent Resolution No. 59–Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 81

 

ASSEMBLY CONCURRENT RESOLUTION—Memorializing former Assemblyman R. Guild Gray.

 

    Whereas, On March 23, 1998, the residents of the State of Nevada were saddened by the passing of poet, historian, educator and former Assemblyman R. Guild Gray; and

    Whereas, R. Guild Gray was born in Peoria, Illinois, on September 2, 1911, and grew up near Reno where his parents settled in 1913; and

    Whereas, The formal education of R. Guild Gray took place in the elementary and secondary schools in Reno, the University of Nevada, Stanford University, University of Southern California and the College of the Pacific, but his lifelong love of Nevada and understanding of life came from the education he received roaming the deserts and mountains of this state; and


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1999 Statutes of Nevada, Page 3962 (File Number 81, ACR 59)

 

    Whereas, R. Guild Gray was superintendent of the Las Vegas Union School District No. 2 from 1953 to 1956 before becoming superintendent of the newly consolidated Clark County School District, a position he held until 1961; and

    Whereas, R. Guild Gray was elected to the Nevada Assembly in 1963 and served until 1966, including the Special Sessions of 1964, 1965 and 1966, during which time he was a member of the committees on Building and Construction, Education, Elections, Public Health and Public Morals, and Taxation; and

    Whereas, The business world knew R. Guild Gray as a savings and loan executive but many people, especially the students at the Gray Elementary School in Las Vegas which was named in his honor, knew him as a reservoir of knowledge of Nevada history and lore; and

    Whereas, The deep passion R. Guild Gray had for Nevada became apparent to the world in the books he authored, including The Treble V, a story containing the history and legends of cattle ranchers in northeastern Nevada, and Nature Sings, a collection of Gray’s poetry and photographs of the Great Basin filled with his reflections on life and death; and

    Whereas, R. Guild Gray is survived by his daughter, Irmalee Ross, and his son, Gary Gray, both of Las Vegas and his sister, Juanita Jensen of Reno; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature express their deepest sympathy to the family of R. Guild Gray including his children, Irmalee Ross and Gary Gray, his sister, Juanita Jensen, his grandchildren and his great-grandchild; and be it further

    Resolved, That the love of Nevada expressed in numerous ways by R. Guild Gray throughout his life may live on in the hearts of those who knew him and those who continue to be inspired and taught by his published works; and be it further

    Resolved, That the residents of Nevada hold the memory of R. Guild Gray as someone he described in a poem from Nature Sings:

Blessed

Are those who sing at daily toil,

Who find a joy in tasks begun,

Who know their sunlit paths will end

With pride in goodly works well done.

And be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the children of R. Guild Gray, Irmalee Ross and Gary Gray, his sister, Juanita Jensen, and the R. Guild Gray Elementary School.

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1999 Statutes of Nevada, Page 3963

 

FILE NUMBER 82, SCR 38

Senate Concurrent Resolution No. 38–Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Goldwater, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 82

 

SENATE CONCURRENT RESOLUTION—Commending James E. Rogers for his unprecedented philanthropic contributions to many educational institutions and for his generous support of nonprofit organizations in Nevada.

 

    Whereas, James E. Rogers graduated from Las Vegas High School in 1956, later received a Bachelor of Science degree in accounting and a law degree from the University of Arizona and a Master of Laws from the University of Southern California; and

    Whereas, In 1998, Jim Rogers was honored with a Doctor of Laws from the University of Arizona; and

    Whereas, Jim Rogers is a member of the State Bar Associations of Nevada, Arizona and California; and

    Whereas, Jim Rogers founded Valley Broadcasting Company in Las Vegas, Nevada, and has served as its Chief Executive Officer since 1979; and

    Whereas, Jim Rogers is the principal owner of Sunbelt Communications Company which owns and operates the NBC affiliate television stations in Las Vegas, Reno, Winnemucca and Elko, Nevada, as well as the stations in Yuma, Arizona, El Centro, California, Helena, Montana, Pocatello-Idaho Falls, Idaho, and Jackson, Wyoming, and a radio station in Reno; and

    Whereas, In 1998, Jim Rogers left the active practice of law to devote all his time to the development of the television and radio stations of Sunbelt Communications Company; and

    Whereas, Jim Rogers is no stranger to the banking industry as he was a member of the Board of Directors of several financial institutions in Nevada, including the Nevada National Bank, Security Pacific Bank and Community Bank of Nevada, and is presently the Chairman of the Board of Directors of Nevada First Bank, which he founded in 1998; and

    Whereas, Jim Rogers is an active supporter of education and has demonstrated this by his substantial financial contributions to various colleges and universities; and

    Whereas, In 1998, Jim Rogers made the largest charitable contribution in the history of Nevada by pledging $28,500,000 to the William S. Boyd School of Law at the University of Nevada, Las Vegas, and substantial sums are earmarked for the University of Nevada School of Medicine in Las Vegas and the University of Nevada College of Engineering in Reno; and


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1999 Statutes of Nevada, Page 3964 (File Number 82, SCR 38)

 

    Whereas, In other states where Sunbelt Communications Company owns television stations, Jim Rogers has made charitable donations and pledges to education that will total nearly $130,000,000, with the largest gift being $50,000,000 and an additional pledge of $50,000,000 to the University of Arizona College of Law, which was renamed the James E. Rogers Law Center in 1998, and the second largest gift being $20,000,000 to the Idaho State University Foundation; and

    Whereas, In addition to generous financial donations, Jim Rogers gives much of his time and energy to educational institutions and nonprofit organizations, including one of his favorite projects which was the establishment of the Kathryn Grayson Schools of Music in Idaho and Montana to honor the well-known singer and movie star of the 1940s, 1950s and 1960s; and

    Whereas, Jim Rogers also takes pride in his collection of more than 100 classic cars, which is said to be one of the best small collections of classic cars in the United States; and

    Whereas, The love that Jim Rogers has for art has resulted in a prestigious fine art and bronze collection of western artifacts, and his love of film has contributed to the development of the Lone Pine Film Museum in Lone Pine, California; and

    Whereas, Jim Rogers has provided innumerable educational opportunities for thousands of students through his generous contributions to colleges and universities and has given his own time and energy to support many nonprofit organizations; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature commend James E. Rogers for his exceptional contributions to his community and state and this nation; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to James E. Rogers.

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1999 Statutes of Nevada, Page 3965

 

FILE NUMBER 83, SCR 39

Senate Concurrent Resolution No. 39–Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 83

 

SENATE CONCURRENT RESOLUTION—Congratulating the Douglas High School’s girls’ cross country team for winning the state “AAAA” championship in 1998.

 

    Whereas, The Douglas High School’s girls’ cross country team won the Northern Nevada Zone Tournament in the “AAAA” league in the fall of 1998; and

    Whereas, In a subsequent tournament in Southern Nevada, the Douglas High School’s Girls’ cross country team defeated the Indian Springs High School cross country team and became the “AAAA” 1998 Nevada State Champions; and

    Whereas, The “Tigers,” under the inspired guidance of Coach Ellen Lucas, included team members Annie Gastelum, Kathleen McSweeney, Kelly Mogab, Rebecca Pope, Jenny Smokey, Christine Timmons and Jenelle Timmons; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby extend their congratulations to Douglas High School’s girls’ cross country team upon winning the 1998 state “AAAA” championship; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ms. Beverle Jeans, Principal of Douglas High School, and Coach Ellen Lucas.

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1999 Statutes of Nevada, Page 3966

 

FILE NUMBER 84, SCR 40

Senate Concurrent Resolution No. 40–Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 84

 

SENATE CONCURRENT RESOLUTION—Congratulating Douglas High School’s girls’ volleyball team for winning the state “AAAA” championship in 1998.

 

    Whereas, The Douglas High School’s girls’ volleyball team won the state championship in the “AAAA” league in 1998 by defeating Bishop Gorman High School of Las Vegas, Durango High School of Las Vegas, South Tahoe High School of South Lake Tahoe, California, and Silverado High School of Las Vegas; and

    Whereas, The “Tigers,” under the inspiring leadership of Coach Jennifer DeJoseph, included team members Christi Burruel, Stephanie Combes, Linzy Doherty, Kim Gitthens, Jessica Granat, Kaycee Green, J. K. Koenig, Jamie McCreary, Darshaya Mustacchio, Rebecca Rippee, Michelle Rosa, Lulu Sewell, Crystal Soderman and Natalie Stratton; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby extend their congratulations to Douglas High School’s girls’ volleyball team upon winning the 1998 state “AAAA” championship; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ms. Beverle Jeans, Principal of Douglas High School, and Coach Jennifer DeJoseph.

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1999 Statutes of Nevada, Page 3967

 

FILE NUMBER 85, ACR 63

Assembly Concurrent Resolution No. 63–Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 85

 

ASSEMBLY CONCURRENT RESOLUTION—Memorializing former Assemblywoman Juanita Greer White.

 

    Whereas, On September 18, 1997, the residents of the State of Nevada lost a dedicated champion of higher education with the passing of former Assemblywoman Juanita Greer White; and

    Whereas, Juanita Greer White, who was born in Atlanta, Georgia, on November 19, 1905, is said to have baked cakes as a child to help her mother with a campaign that eventually gave women the right to vote; and

    Whereas, After being refused entry to the Massachusetts Institute of Technology because she was a woman, Juanita Greer White applied and was accepted to Johns Hopkins University where she earned her doctorate in chemistry in 1929; and

    Whereas, After teaching college classes in Virginia, New York, Georgia and Connecticut, Juanita Greer White moved to Southern Nevada with her husband, Thomas Sherman White, M.D., in 1956 and quickly began pursuing her personal goal of enhancing opportunities for higher education; and

    Whereas, The role of Juanita Greer White as a charter member of the Nevada Southern University Land Foundation from 1966 to 1971 helped secure 300 acres for the University of Nevada, Las Vegas, which now includes a life sciences building named in her honor in 1976; and

    Whereas, Juanita Greer White was elected twice to the Board of Regents of the University of Nevada, Las Vegas, serving from 1963 to 1971, during which time the University of Nevada, Las Vegas, grew from an extension campus of the University of Nevada, Reno, to a 4-year, degree-granting university and rival of the University of Nevada, Reno; and

    Whereas, The passion of Juanita Greer White in the area of education was also evident by her service on the Western Interstate Commission for Higher Education from 1965 to 1971 and as president of the Nevada State Division of the American Association of University Women from 1963 to 1965; and

    Whereas, Juanita Greer White was elected to the Assembly of the Nevada Legislature and served during the 1971 session on the committees on Education, Elections and Health and Welfare; and


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1999 Statutes of Nevada, Page 3968 (File Number 85, ACR 63)

 

    Whereas, Bills and resolutions sponsored by Juanita Greer White during her term in the Assembly included measures to improve public education in the State of Nevada and promote the rights and recognition of women and minorities; and

    Whereas, Juanita Greer White is survived by her daughter, Sally Johnston of Fredericksburg, Texas; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature express their deepest sympathy to the family of Juanita Greer White including her daughter, her grandchildren and her great-grandchildren; and be it further

    Resolved, That Juanita Greer White will be remembered as a pioneer of women in the field of science and a strong advocate of higher education who, through personal commitment and hard work, left an indelible mark on public education in the State of Nevada; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sally Johnston, the daughter of Juanita Greer White.

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FILE NUMBER 86, SJR 11

Senate Joint Resolution No. 11–Senator O’Connell

 

FILE NUMBER 86

 

SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to authorize the abatement of the property tax for certain owners of single-family residences.

 

    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.


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1999 Statutes of Nevada, Page 3969 (File Number 86, SJR 11)

 

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

    10.  The legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.

________

 

FILE NUMBER 87, SJR 20

Senate Joint Resolution No. 20–Committee on
Government Affairs

 

FILE NUMBER 87

 

SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.

 

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated section 6, be added to article 10 of the Constitution of the State of Nevada to read as follows:

    Sec. 6.  1.  The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or

consumption of tangible personal property sold at retail unless the Legislature:
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1999 Statutes of Nevada, Page 3970 (File Number 87, SJR 20)

 

consumption of tangible personal property sold at retail unless the Legislature:

    (a) Determines that the exemption will achieve a bona fide social or economic purpose;

    (b) Restricts the eligibility for the exemption solely to the intended beneficiaries of the exemption;

    (c) Determines that the exemption will not have a material adverse effect on the finances of the state or any local government that would otherwise receive revenue from the tax from which the exemption would be granted;

    (d) Determines that the exemption will not impair adversely the ability of the state or a unit of government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged; and

    (e) Ensures that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers.

    2.  The Legislature shall review any exemption from any tax on property or on the sale, storage, use or consumption of tangible personal property sold at retail at least once every 6 years to determine whether the purpose of the exemption is still valid and that the exemption is being used effectively.

________

 

FILE NUMBER 88, SCR 9

Senate Concurrent Resolution No. 9–Committee on
Human Resources and Facilities

 

FILE NUMBER 88

 

SENATE CONCURRENT RESOLUTION—Urging the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources to publish its survey of certain long-term care facilities in a manner that it is more accessible and easier for consumers to understand.

 

    Whereas, The Bureau of Licensure and Certification of the Health Division of the Department of Human Resources is required by federal law to survey nursing facilities funded by Medicaid and skilled nursing facilities funded by Medicare to determine whether the facilities continue to meet the requirements for participation in the Medicaid and Medicare programs; and

    Whereas, Such surveys must include, without limitation, an evaluation of the quality of care provided to residents of the facilities, as measured by medical, nursing and rehabilitative care, services related to diet and nutrition, opportunities to participate in social activities, sanitation, control of infection and the physical environment; and

    Whereas, The Bureau of Licensure and Certification is required by federal law to make certain information concerning the surveys of nursing facilities funded by Medicaid and skilled nursing facilities funded by Medicare available upon request to the public; and


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1999 Statutes of Nevada, Page 3971 (File Number 88, SCR 9)

 

    Whereas, Information and data collected through the surveys, including, without limitation, information concerning the quality of care furnished to residents of such facilities, is useful to consumers in choosing a nursing facility for themselves or their loved ones when it is available in convenient locations and in a format that is clear and comprehensible to a layperson who has limited experience with skilled and unskilled nursing facilities; and

    Whereas, The information and data collected through the surveys is currently not available in convenient locations or provided to the public in a manner that is easy to understand and use in making decisions concerning long-term care; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby encourages the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources to make the results of its survey of nursing facilities and skilled nursing facilities available to the public in a format that is clear and easily understandable to ensure that the results of the survey will assist consumers in choosing and evaluating nursing facilities; and be it further

    Resolved, That the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources is hereby encouraged to make the results of its survey of nursing facilities and skilled nursing facilities available at locations that are easily accessible to consumers of long-term care, including, without limitation, senior centers; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chief of the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources.

________

 

FILE NUMBER 89, SCR 41

Senate Concurrent Resolution No. 41–Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 89

 

SENATE CONCURRENT RESOLUTION—Memorializing prominent Nevada rancher Matthew C. Benson.

 

    Whereas, The members of the Nevada Legislature were deeply saddened by the passing of Matthew C. Benson on February 9, 1998; and

    Whereas, Matthew C. Benson was born in Ely, Nevada, on April 27, 1922, and graduated from White Pine County High School in 1940; and


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1999 Statutes of Nevada, Page 3972 (File Number 89, SCR 41)

 

    Whereas, During World War II, Matt Benson served as a United States Navy Communications Officer in the South Pacific Amphibious Forces, and it was during this time of service that Matt Benson married Peggy Joyce Sorenson on a 5-day leave in June 1944; and

    Whereas, After graduating from Utah State Agricultural College with a Bachelor of Science degree in range management, Matt Benson worked for 3 years with the United States Soil Conservation Service as a range conservationist; and

    Whereas, Matt Benson was hired as assistant manager and then as manager of the Marble Ranches in Elko County from 1954 to 1964, followed by 24 years as manager of the Heritage Ranch in Gardnerville which retained him as a consultant after his retirement in 1988; and

    Whereas, Matt Benson was honored as Man of the Year for Carson Valley Days in 1986 and served as Carson Valley Days Grand Marshal in 1987; and

    Whereas, An active member of the Nevada Cattlemen’s Association and the National Cattlemen’s Association for 30 years, Matt Benson was honored as Cattleman of the Year in 1990; and

    Whereas, Matt Benson’s knowledge of ranching and agriculture was a tremendous asset to the community as he gave his time and energy as a member of the Douglas County Farm Bureau and the Eureka County Farm Bureau, both of which he also served as president, the Heil Commission for Wild Horse Preservation, the University of Nevada Agricultural College Advisory Committee and various other committees and organizations; and

    Whereas, To many who knew him, Matt Benson typified the model of a Nevada cowboy and rancher who loved sharing his experiences by organizing trail rides and hayrides, during which he would inevitably be part of a sing-along that always included, at his request, the Nevada state song, “Home Means Nevada”; and

    Whereas, Matt Benson is survived by his wife, Peggy, his children, Ken Benson of Baker, Oregon, Julie Ann Ward of Sheridan, Montana, Nancy Alley of Gardnerville, his brother, Jim Benson of Ely and eight grandchildren; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature express their deepest sympathy to the family of Matthew C. Benson; and be it further

    Resolved, That Matt Benson will be remembered for the many ways he shared his love for and knowledge of ranching as well as for the laughter and fun he brought into the lives of those who knew him; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his wife, Peggy, and his children, Ken, Nancy and Julie.

________

 


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1999 Statutes of Nevada, Page 3973

 

FILE NUMBER 90, SCR 42

Senate Concurrent Resolution No. 42–Senators Care, Amodei, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 90

 

SENATE CONCURRENT RESOLUTION—Commending Dr. Janet Dobry for her dedication and commitment to the children in Nevada.

 

    Whereas, In 1991, Dr. Janet Dobry moved from Oregon to Nevada and accepted a position with the Clark County School District in the Gordon McCaw Elementary School in Henderson, where she is now seen each morning greeting her pupils and accepting numerous hugs; and

    Whereas, Since Dr. Dobry became the Principal of McCaw Elementary School, Nevada has been the beneficiary of her dedication and devotion to the pupils of that school as well as to numerous other children in this state; and

    Whereas, Dr. Dobry has distinguished herself as an administrator through qualities such as leadership, contagious enthusiasm and an attitude that never acknowledges the possibility that something worth doing cannot be done; and

    Whereas, Not only has Dr. Dobry enriched the quality of education for pupils in her school, she has also shown herself to be a true humanitarian by meeting the emotional and physical needs of children through such acts as providing food and household goods to families who are in need, even taking children to a shoe store and buying shoes for them; and

    Whereas, This exceptional leader was the force behind the donations of money, labor and materials, as well as the coordinator of the efforts of educators, students, school officers, and members of the business community and state and local government, in the development of the McCaw School of Mines; and

    Whereas, The McCaw School of Mines is a fascinating, million-dollar simulated mine that is attached to McCaw Elementary School and portrays the history and importance of mining in Nevada; and

    Whereas, Since January 1997, over 8,000 students, accompanied by 1,500 parents and teachers, have enjoyed a student-led, interactive, hands-on experience when they entered this open-pit mine through a simulated tunnel containing track and ore cars to discover scale model replicas of mining equipment and vehicles; and


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1999 Statutes of Nevada, Page 3974 (File Number 90, SCR 42)

 

    Whereas, In addition to all her efforts as an educator and administrator, Dr. Dobry is active in her community through membership and leadership roles in several organizations and programs, including the Henderson Chamber of Commerce Education Committee, Salvation Army Adult Day Care and the Alpha Delta Kappa Sorority, as well as serving as the organist for the church that she attends; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Dr. Janet Dobry for her dedication and commitment to the youth of Nevada and express sincere appreciation for the kindness and compassion she displays to the children of this state; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Janet Dobry.

________

 

FILE NUMBER 91, SCR 43

Senate Concurrent Resolution No. 43–Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 91

 

SENATE CONCURRENT RESOLUTION—Memorializing Nevada banking pioneer and community leader, Arthur M. Smith, Jr.

 

    Whereas, Nevadans were deeply grieved to learn of the recent passing of Arthur M. “Art” Smith, Jr. on April 3, 1999; and

    Whereas, Arthur M. Smith, Jr. was born in Providence, Utah, on
May 2, 1922; and

    Whereas, Art Smith grew up in Sparks and began his career as a home-delivery carrier for the Reno Evening Gazette during the Great Depression era of the 1930s and generously contributed his earnings to his family; and

    Whereas, Art Smith graduated from Sparks High School in 1940 and, at the age of 19 years, began as a file clerk with the Sparks branch of First National Bank; and

    Whereas, When the United States entered World War II in 1941, Art Smith, who had finished his first year at the University of Nevada, Reno, left school to serve his country as a torpedo plane pilot in the United States Navy; and


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1999 Statutes of Nevada, Page 3975 (File Number 91, SCR 43)

 

    Whereas, After the war, Art Smith moved to Las Vegas where he began his banking career as a teller with the Bank of Nevada in Las Vegas, and within just 14 years, at the young age of 37 years, he became the president of the Bank of Nevada, the youngest chief executive of a major bank in America at that time; and

    Whereas, Eight years later, Art Smith was appointed President of this state’s largest financial institution, First National Bank, and assumed the additional role of chairman in 1969; and

    Whereas, Art Smith was highly respected nationally and assumed a leadership role with the American Bankers Association which comprised approximately 15,000 commercial banks; and

    Whereas, Art Smith was one of five persons named by the United States Comptroller of the Currency to perform a continuing review of banking procedures and policies; and

    Whereas, In 1967, Governor Paul Laxalt appointed Art Smith as a regent of the University of Nevada, and he also served as a regent of Santa Clara University in California; and

    Whereas, In 1984, Art Smith retired as President and Chairman of First Interstate Bank of Nevada; and

    Whereas, Until his death, Art Smith was a trustee of the William M. Keck and the Donald W. Reynolds foundations, two of the nation’s largest charitable organizations; and

    Whereas, Art Smith served as Chairman of the Clark County Airport Board, the Reno-Sparks Chamber of Commerce and the United Way of Northern Nevada and the Sierra, as President of the Nevada Bankers Association and Western States Bankcard Association, on the Board of Directors for the John Deere Insurance Group and Circus Circus Enterprises, Inc., as Director for MasterCard International, Holiday Inn and Harrah’s Corporation and as a board member of the Western Asset Management, Southern Nevada Industrial Foundation, Mountain States Legal Foundation and Golden Nugget of Las Vegas; and

    Whereas, Art Smith was also a trustee of Ducks Unlimited/Nevada, a member of the Prospectors Club, Kerak Shrine Temple, and the Las Vegas and Hidden Valley Country Clubs, a lay member of the board of Saint Mary’s Regional Medical Center and President of the Nevada Area Council of Boy Scouts of America and the University of Nevada Wolf Club; and

    Whereas, Tom King, Director of the University of Nevada Oral History Program, interviewed Art Smith and in 1996 published a chronicle of his colorful life in the autobiography, Let’s Get Going; and

    Whereas, Throughout his life, Art Smith was recognized for his remarkable civic and business achievements, but most important to him was his family as evidenced by his marriage to Charlotte Campbell, a union of love and friendship for 52 wonderful years; and

    Whereas, Art Smith is survived by his wife, Charlotte, daughters, Barbara Smith Campbell of Reno and Deborah Smith Castello of Los Gatos, California, sons, Blake Smith and Arthur “Art” Smith III of Reno and 10 grandchildren; now, therefore, be it


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1999 Statutes of Nevada, Page 3976 (File Number 91, SCR 43)

 

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of Arthur M. “Art” Smith, Jr., a gracious man who left a rich legacy that will long be remembered by 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 Art Smith’s beloved wife, Charlotte.

________

 

FILE NUMBER 92, SCR 44

Senate Concurrent Resolution No. 44–Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 92

 

SENATE CONCURRENT RESOLUTION—Designating May 10, 1999, as “Collector Car Day” in Nevada.

 

    Whereas, The State of Nevada has a long and colorful history in witnessing the various modes of transportation that opened the West, from covered wagons to railroads, to stagecoaches, and even camels in Virginia City, to the introduction of the automobile; and

    Whereas, The hobby of restoring and preserving many of those early “autocars,” as they were originally called, is best exemplified in America in the form of the National Automobile Museum in Reno, Nevada; and

    Whereas, On the eve of the Millennium, many of the great inventions and innovations of the Twentieth Century are being categorized and publicized for posterity; and

    Whereas, This legislative body salutes the artisans, craftsmen and even the tinkerers who have worked to restore these marvelous “gas-burners” of the past; and

    Whereas, Two giant figures, one in the manufacture of automobiles and one in the preservation of automobiles of the past, E. L. Cord and William F. Harrah, respectively, were both residents of the State of Nevada; and

    Whereas, Their twin legacies have been saved for future generations of the population of this state and for the millions of visitors to come, who will experience and enjoy the thrilling history of the automobile; and

    Whereas, An annual event in Reno, designated as “Hot August Nights,” has become the largest celebration of the classic car in the world; and


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1999 Statutes of Nevada, Page 3977 (File Number 92, SCR 44)

 

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

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend the many residents who participate in the car clubs and automotive organizations in the State of Nevada in an effort to maintain the memories of our car culture and provide a reason to reflect upon the past and its many cherished memories; and be it further

    Resolved, That May 10, 1999, is hereby designated as “Collector Car Day” in Nevada as residents of this state celebrate the evolution of the automobile throughout the Twentieth Century.

________

 

FILE NUMBER 93, AJR 19

Assembly Joint Resolution No. 19–Committee on
Natural Resources, Agriculture, and Mining

 

FILE NUMBER 93

 

ASSEMBLY JOINT RESOLUTION—Urging the Secretary of the Interior to comply with certain regulations regarding surface mining regulations.

 

    Whereas, Mining is of critical importance to Nevada and its rural communities as a significant contributor to this state’s economy; and

    Whereas, The “Nevada model” of regulating the mineral industry is known and respected industrywide because it balances the global needs for natural resources with related environmental concerns and the economic needs of private business, thereby resulting in an environmentally healthy state with a viable and responsible mineral industry that uses state-of-the-art technology; and

    Whereas, Surface mining regulations governing hardrock mining operations and mineral exploration activities on public lands are codified in Part 3809 of Title 43 of the Code of Federal Regulations and are commonly referred to as “3809 Regulations”; and

    Whereas, The Bureau of Land Management initiated the revision of these regulations in January 1997; and

    Whereas, In response to concerns raised by the Western Governor’s Association and a group of 15 United States Senators, including Nevada Senators Harry Reid and Richard H. Bryan, Congress included language in the Omnibus Appropriations Act of 1998 to require a detailed, comprehensive study by the National Academy of Sciences of the environmental and reclamation requirements for mining on federal lands and the adequacy of those requirements to prevent undue degradation, and prohibited final revision to the 3809 Regulations before September 30, 1999; and

    Whereas, Contrary to the requirements of the Omnibus Appropriations Act, the Secretary of the Interior is moving forward with revisions to the 3809 Regulations and to the Environmental Impact Statement; and


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1999 Statutes of Nevada, Page 3978 (File Number 93, AJR 19)

 

    Whereas, Under the Bureau of Land Management’s most recent revisions, every western state, including Nevada, may be faced with the choice of either expending substantial resources to revise its regulations to conform with the new requirements of the Bureau of Land Management or having the successful programs of the State of Nevada, which have been carefully tested and enforced over the years, simply cease to be operative on public lands, thereby imposing significantly detrimental impacts on the mineral industry and the State of Nevada; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 70th session of the Nevada Legislature do hereby urge the Secretary of the Interior to comply with the intent of Congress as stated in the Omnibus Appropriations Act of 1998 which requires a study of the issue by the National Academy of Sciences and prohibits final revision of 43 C.F.R. Part 3809, the 3809 Regulations, before September 30, 1999; and be it further

    Resolved, That the Nevada Legislature strongly supports Alternative 1, the “No Action” alternative, as described in the draft Environmental Impact Statement on Surface Management Regulations and Locatable Mineral Operations, to maintain the existing 3809 Regulations without revision or modification; 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 Secretary of the Interior and each member of the Nevada Congressional Delegation; and be it further

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

________

 

FILE NUMBER 94, ACR 64

Assembly Concurrent Resolution No. 64–Assemblymen Ohrenschall, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

FILE NUMBER 94

 

ASSEMBLY CONCURRENT RESOLUTION—Memorializing Fred A. Olson.

 

    Whereas, The members of the Nevada Legislature were deeply saddened to learn of the passing of Fred A. Olson on April 3, 1999; and

    Whereas, Fred Olson was born in Spokane, Washington, on April 4, 1921; and


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1999 Statutes of Nevada, Page 3979 (File Number 94, ACR 64)

 

    Whereas, Fred Olson was a lifelong sailor, serving his country in the Merchant Marine from 1944 until his retirement in 1986, who began his seafaring career with the Sailors’ Union of the Pacific to see the world and to be involved in the World War II effort; and

    Whereas, Following the war, Fred Olson joined the Seafarers International Union where his union membership spurred his interest in politics and the power of communication, believing that any individual could go directly to a governor, representative or city commissioner to resolve a problem; and

    Whereas, The union also played an integral part in Fred Olson’s marriage to his wife, Lois, having met her aboard the Santa Mercedes when she was the steward delegate for the Marine Cooks and Stewards Union and he was the ship’s chairman for the Seafarers International Union; and

    Whereas, Their marriage has been called “the most successful merger” between the Seafarers International Union and the Marine Cooks and Stewards Union because of their teamwork in all areas of their lives; and

    Whereas, After ending their sailing careers aboard the S.S. Constitution upon retirement in 1986, the couple dived into politics and community affairs, bringing national attention to issues involving maritime interests, seniors, health care and manufactured housing reform; and

    Whereas, As a resident of Nevada for 19 years, Fred Olson made many contributions to this state as a member of the Paradise Democratic Club, Citizens Water Board, Nevada Association of Manufactured Homeowners and Seniors United; and

    Whereas, Fred Olson is survived by his wife, Lois, son Jaime Bonita of Shelton, Washington, and five grandchildren; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of Fred A. Olson, a man who contributed so much to his country and the State of Nevada; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Fred Olson’s beloved wife and partner, Lois.

________

 

FILE NUMBER 95, SCR 1

Senate Concurrent Resolution No. 1–Committee on Legislative
Affairs and Operations

 

FILE NUMBER 95

 

SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct an interim study of the requirements for reapportionment and redistricting in the State of Nevada.

 

    Whereas, The 71st session of the Nevada Legislature will be required to reapportion and redistrict the election districts for the members of the Legislature, the members in the United States House of Representatives from the State of Nevada, the Board of Regents of the University of Nevada System and the State Board of Education; and


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

1999 Statutes of Nevada, Page 3980 (File Number 95, SCR 1)

 

    Whereas, The Bureau of the Census of the United States Department of Commerce is required to deliver redistricting data from the decennial census in 2000 to the states not later than April 1, 2001, when the Nevada Legislature already will be in session; and

    Whereas, The amount of data from the census in 2000 and the necessity to accomplish reapportionment and redistricting in an expeditious manner during the 71st legislative session will require additional computer software and extensive preparation and testing to allow for the generation and analysis of proposals concerning reapportionment and redistricting; and

    Whereas, The reapportionment and redistricting must comply with current case law and constitutional and statutory legal requirements; and

    Whereas, The Nevada Legislature has been working with the Bureau of the Census on the Block Boundary Suggestion Program and other programs in preparation for the census in 2000 and the process of reapportionment and redistricting; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to study the requirements for reapportionment and redistricting in this state in conjunction with the data from the decennial census of 2000; and be it further

    Resolved, That the committee to conduct the study consists of eight members of the 70th Legislative Session to be appointed, subject to the approval of the Legislative Commission, as follows:

    1.  Three members of the Senate appointed by the Majority Leader of the Senate.

    2.  One member of the Senate appointed by the Minority Leader of the Senate.

    3.  Three members of the Assembly appointed by the Speaker of the Assembly.

    4.  One member of the Assembly appointed by the Minority Leader of the Assembly.

The Legislative Commission shall appoint the chairman of the committee and, in approving the appointments to the committee, shall ensure that not less than two of the members are appointed from the Assembly Standing Committee on Elections, Procedures, and Ethics and not less than two of the members are appointed from the Senate Standing Committee on Government Affairs; and be it further

    Resolved, That the study include:

    1.  A continuing examination and monitoring of any redistricting systems established or recommended by the 70th session of the Nevada Legislature, or to be established pursuant to any legislation enacted by the 70th session of the Nevada Legislature, including the requirements for computer equipment, computer software and the training of personnel;

    2.  A review of the case law concerning the legal requirements for reapportionment and redistricting;

    3.  A review of the programs concerning planning for reapportionment and redistricting in other states;

    4.  The continuation of the state’s participation in the programs of the Bureau of the Census; and


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1999 Statutes of Nevada, Page 3981 (File Number 95, SCR 1)

 

    5.  The participation in a program of the Bureau of the Census to increase the awareness of the general public concerning the census to ensure a complete and accurate count of all Nevadans in the year 2000; and be it further

    Resolved, That the Legislative Commission may enter into contracts or other necessary agreements to establish and test reapportionment and redistricting programs and computer equipment to provide for the timely and efficient commencement of data processing for reapportionment and redistricting before the legislature convenes in 2001; 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 to the 71st session of the Nevada Legislature the results of the study and any action taken in preparation for and any recommendations concerning reapportionment and redistricting.

________

 

FILE NUMBER 96, ACR 65

Assembly Concurrent Resolution No. 65–Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 96

 

ASSEMBLY CONCURRENT RESOLUTION—Commending retired Director Peter A. Fenili for 24 years of service with the Walker River Irrigation District in Yerington, Nevada.

 

    Whereas, Peter A. Fenili has served as a member of the Board of Directors of the Walker River Irrigation District as the representative of Division No. 4 since May 5, 1975; and

    Whereas, Peter Fenili, a staunch believer in proper water management and fairness in its distribution to all water right holders, was a visionary who saw the need for a strong infrastructure to protect water rights and properly serve the present and future needs of agriculture and who voted consistently to accomplish this ideal; and


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1999 Statutes of Nevada, Page 3982 (File Number 96, ACR 65)

 

    Whereas, As a member of the Board of Directors, Peter Fenili consistently stated that the Walker River Irrigation District should be staffed by qualified personnel and that the facilities of the District, including dams and canals, as well as the equipment, office and maintenance shop, should be maintained and their integrity preserved; and

    Whereas, In the early 1980s, when environmental groups launched an all-out attack on the water supply of the Walker River Irrigation District by filing legal actions on many state and federal fronts in an attempt to gain minimum stream flow and minimum stored water rights, causing internal conflict and years of costly litigation, the District prevailed in the protection of those rights with the help of Peter Fenili; and

    Whereas, During the 6 consecutive years of drought stretching into the 1990s, Peter Fenili took the lead and suggested innovative management practices that extended the limited water supply and allowed agricultural interests to survive a possible financial crisis; and

    Whereas, As the Director of the Walker River Irrigation District for 24 years, Peter Fenili proved himself to be a man of honesty, fairness and devotion to the people he served; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby express their appreciation to Peter Fenili for his loyal years of service to the members of the Walker River Irrigation District; and be it further

    Resolved, That the Nevada Legislature, on behalf of the residents of the State of Nevada who have benefited from the dedication of Peter Fenili, extend its heartfelt gratitude and best wishes in the future to Peter A. Fenili, his wife, Vicki, and daughter, Dana; and be it further

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

________

 


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1999 Statutes of Nevada, Page 3983

 

FILE NUMBER 97, ACR 66

Assembly Concurrent Resolution No. 66–Assemblymen Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 97

 

ASSEMBLY CONCURRENT RESOLUTION—Commending the Nevada Opera and its founders, Ted and Deena Puffer, upon 30 years of success.

 

    Whereas, The Nevada Opera had its debut season in 1968 and since that time has grown into a nationally recognized regional opera company; and

    Whereas, The founders of the Nevada Opera, Ted Puffer, Artistic Director, and Deena Puffer, Associate Producer, had a vision in 1967 and, with the help of a handful of volunteers, worked tirelessly over the years to develop the company to the level of offering three professionally-produced traditional operas each season, an annual performance of The Nutcracker ballet, as well as the production of lighter and more contemporary works; and

    Whereas, The Nevada Opera has to its credit over 120 main-stage productions, including presentations as diverse as Verdi’s Requiem and Bizet’s Carmen to Carlisle Floyd’s Of Mice and Men, and summer musicals starring such accomplished artists as Toni Tennille and Broadway legend John Raitt; and

    Whereas, The Nevada Opera has produced two acclaimed American premieres, Busoni’s Doktor Faust and Tchaikovsky’s Joan of Arc; and

    Whereas, In 1993 the team of Ted and Deena Puffer presented the Nevada Opera’s first commissioned work, the 25th Anniversary of the World Premiere of Bern Herbolsheimer’s Mark Me Twain; and

    Whereas, Ted Puffer, known for his work as stage director, conductor, concert pianist, accompanist, tenor soloist and, more recently, world-renowned vocal coach, mentored Nevada Opera’s young artist graduates who have gone on to make their European opera debuts, most notably the internationally-famous mezzo soprano Dolora Zajick; and

    Whereas, The Nevada Opera has an educational outreach mission which led it to institute the Nevada Opera Youth Chorus in 1994, a formal program that provides professional training in the arts of voice, musicianship, theater and movement for talented youngsters ages 8 through 18 years; and

    Whereas, The Nevada Opera has a new program called the Nevada Opera Studio, which reaches into the local community with special programs designed for elementary, middle and high school levels, and which also tours the smaller outlying communities in Northern Nevada; now, therefore, be it


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

1999 Statutes of Nevada, Page 3984 (File Number 97, ACR 66)

 

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Opera is hereby commended for its 30 years of first-class presentations to Northern Nevada audiences and especially for its presentations to the children in the local community and the rural areas; and be it further

    Resolved, That Ted and Deena Puffer are hereby congratulated and honored for their many years of dedication during which they shared their vast knowledge and tremendous talents to make the Nevada Opera the first-class company that it is today; and be it further

    Resolved, That the members of the 70th session of the Nevada Legislature urge the residents of Northern Nevada to attend the Nevada Opera performances and show their support for its great contributions to the arts and culture of this state; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the Board of Directors of the Nevada Opera and to Ted Puffer and Deena Puffer.

________

 

FILE NUMBER 98, SCR 14

Senate Concurrent Resolution No. 14–Senators Porter, Rawson, Washington, Wiener, Jacobsen, Amodei, Care, Carlton, James, Mathews, McGinness, O’Connell, Rhoads and Schneider

 

Joint Sponsor: Assemblywoman Segerblom

 

FILE NUMBER 98

 

SENATE CONCURRENT RESOLUTION—Urging the Eighth Judicial District Court to provide for the selection and assignment of a district judge of the family court to serve as the judge of the juvenile court for a period of 3 years.

 

    Whereas, The fair, efficient and uniform administration of juvenile justice is a vital interest of this state and its local governments and is a paramount concern of communities and families; and

    Whereas, The growing population of Clark County has increased the number of juveniles who commit acts of delinquency or truancy; and

    Whereas, The same juveniles often appear before the juvenile court more than once for repeated acts of delinquency or truancy; and

    Whereas, A juvenile may be less likely to commit repeated acts of delinquency or truancy if the juvenile knows that he must appear before the same district judge who sanctioned him for his previous acts of delinquency or truancy; and

    Whereas, A district judge who is assigned to the juvenile court for an extended period will become a more experienced and respected member of the juvenile justice system and, with that enhanced experience and respect, will be better able to administer the juvenile justice system fairly, efficiently and uniformly; and


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

1999 Statutes of Nevada, Page 3985 (File Number 98, SCR 14)

 

    Whereas, A district judge who is assigned to the juvenile court for an extended period will be in a better position to determine which juveniles may be appropriate candidates for treatment, rehabilitation or other alternatives to detention and which juveniles must be sanctioned by traditional methods of punishment and confinement; and

    Whereas, The founders of the family court system envisioned the implementation of the concept of one judge for one family or one child; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Eighth Judicial District Court is hereby urged to adopt rules or procedures that provide for the selection and assignment of a district judge of the family court to serve as the judge of the juvenile court for a period of 3 years; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chief Judge of the Eighth Judicial District Court and to each district judge who is assigned to a department of the family court in that judicial district.

________

 

FILE NUMBER 99, SCR 45

Senate Concurrent Resolution No. 45–Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 99

 

SENATE CONCURRENT RESOLUTION—Memorializing Nevada sports legend William Wesley Morris.

 

    Whereas, The members of the Nevada Legislature were deeply saddened by the passing of long-time Las Vegas resident and Nevada sports legend William “Wildcat” Morris on July 17, 1998; and

    Whereas, William Wesley Morris was born in Enid, Oklahoma, on September 13, 1927, and moved to Las Vegas to live with his sister Sheila in 1937, later referring to himself jokingly as a “wedding present” for his sister and her new husband; and

    Whereas, Bill Morris was educated in the Las Vegas school system and developed an ardent love for the game of football that culminated in his being voted Most Valuable Player on the 1944 Wildcat team of Las Vegas High, which ended its incredible season without having been beaten, tied or even scored on; and


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

1999 Statutes of Nevada, Page 3986 (File Number 99, SCR 45)

 

    Whereas, Bill Morris enrolled in the University of Nevada, Reno, in 1945, and because of his enthusiasm for his former football powerhouse, was affectionately given the nickname “Wildcat” by fellow students, a name that stayed with him throughout his life; and

    Whereas, After graduating from the University with a degree in physical education and serving in the Korean War, “Wildcat” Morris worked for Senator Pat McCarran and Senator Alan Bible in Washington, D.C., while earning a law degree from American University, where he also met his future wife, Vivienne Mae Potter; and

    Whereas, During his career, Bill Morris demonstrated his diverse abilities by practicing as an attorney, acting as a municipal judge and a special deputy attorney general, owning and co-owning hotel-casinos, and serving as a University Regent and a member of the Las Vegas Convention and Visitors Authority; and

    Whereas, Unselfishly giving of himself and his time, Bill Morris endeared himself to many as a noteworthy civic leader by establishing various athletic organizations, serving as president of several such organizations, securing federal funding for the Thomas and Mack Center and Lawlor Events Center, and raising money for scholarships and numerous local charities in Las Vegas; and

    Whereas, Among the multiple honors awarded to Bill Morris were his being named a Distinguished Nevadan at the 1978 graduation ceremonies at the University of Nevada, Las Vegas, being named Distinguished Citizen by the National Conference of Christians and Jews, receiving the Glen “Jake” Lawlor Award for outstanding support of athletics at the University of Nevada, Reno, and being inducted into several athletic halls of fame; and

    Whereas, Devotion to his wife and children, dedication to his community and performance of numerous quiet, thoughtful acts of kindness to fellow Nevadans elevated Bill Morris as a role model; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of Bill Morris; and be it further

    Resolved, That Bill “Wildcat” Morris will long be remembered as one of the most popular and influential 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 Bill’s wife of 43 years, Vivienne Morris, and his daughters Dawn Dudas and Wesley Morris, all of Las Vegas, to his son William Morris of Reno, and to his daughter Jaymie Bodensteiner of Flagstaff, Arizona.

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1999 Statutes of Nevada, Page 3987

 

FILE NUMBER 100, ACR 3

Assembly Concurrent Resolution No. 3–Assemblyman Collins

 

FILE NUMBER 100

 

ASSEMBLY CONCURRENT RESOLUTION—Directing the Director of the Department of Transportation to conduct an interim study to determine the feasibility of transferring certain highways owned, controlled or maintained by the state to counties or cities in this state in exchange for certain roads or streets that are owned, controlled or maintained by those counties or cities.

 

    Whereas, The population of Nevada has increased significantly in recent years and, because of that increase, many roads and streets that are owned, controlled or maintained by counties and cities in this state are experiencing a substantial increase in use by motorists from within a large area of the county or city which has resulted in an increase in the cost to maintain those roads and streets; and

    Whereas, Certain highways that are included in the system of highways maintained by the Department of Transportation serve motorists from within a smaller area of a county or city and are not used as frequently as many of the roads and streets maintained by counties or cities; and

    Whereas, Certain highways that are included in that system do not connect to any other highway that is included in the system; and

    Whereas, Transferring the ownership or control of or the responsibility for maintaining those highways in exchange for roads and streets that are owned, controlled or maintained by counties or cities and are determined by the appropriate governmental bodies of the counties and cities in which the roads or streets are located and the Director of the Department of Transportation to be appropriate for exchange would help to reduce the cost to maintain those roads and streets for the Department of Transportation and for the counties and cities in which the roads and streets are located; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Director of the Department of Transportation is hereby directed to conduct an interim study to determine the feasibility of transferring the ownership or control of or the responsibility for maintaining a highway that is included in the system of highways maintained by the Department to a county or city in this state in exchange for roads or streets that are owned, controlled or maintained by the county or city and are determined by the Director and by the appropriate governmental bodies of the counties and cities in which the roadway is located to be appropriate for exchange; and be it further

    Resolved, That the Director of the Department of Transportation consult with the board of county commissioners and the city council or other appropriate governmental body of each county and city in this state to determine the roadways for inclusion in the study; and be it further

    Resolved, That the study must be conducted in cooperation with the board of county commissioners and the city council or other appropriate governmental body of each county and city in this state in which a road or street is located that is included in the study; and be it further


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

1999 Statutes of Nevada, Page 3988 (File Number 100, ACR 3)

 

    Resolved, That upon the completion of the study on an area of the state, the Director of the Department of Transportation and the appropriate governmental body of each county and city in which a roadway that is determined to be appropriate for exchange is located are encouraged, within their respective legal authorities and budgetary limits, to accomplish an exchange of roadways as soon as possible; and be it further

    Resolved, That the Director of the Department of Transportation submit a written report of the results of the study, any exchanges that have been accomplished and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Department of Transportation.

________

 

FILE NUMBER 101, ACR 37

Assembly Concurrent Resolution No. 37–Committee
on Education

 

FILE NUMBER 101

 

ASSEMBLY CONCURRENT RESOLUTION—Urging the University and Community College System of Nevada to increase efforts to develop course offerings, academic programs and student activities for students from all racial and ethnic backgrounds.

 

    Whereas, One of the goals of the University and Community College System of Nevada is to improve the access to and quality of educational opportunities for Nevada’s students; and

    Whereas, A quality experience in higher education must include an opportunity for all students to learn about the economic, political and social contributions made by all the ethnic groups in our society; and

    Whereas, Because of the wide range of ethnic diversity of the students who attend the universities and community colleges in this state, these institutions must adjust their curriculum and approach to teaching to better provide these students with a curriculum that is more ethnically and culturally diverse; and

    Whereas, The ever-changing ethnic and racial composition of student enrollment in the universities and community colleges in this state has focused attention on the lack of funding and staff allocated to organizations specific to racial and ethnic groups, the need for an ethnically diverse group of counselors to work in student support programs, the lack of on-campus activities for students of color and the lack of courses relevant to specific ethnic and racial groups; and

    Whereas, The students who attend the universities and community colleges in this state would benefit from an increase in course offerings, academic programs and student activities relevant to students of color; now, therefore, be it


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

1999 Statutes of Nevada, Page 3989 (File Number 101, ACR 37)

 

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby urge the University and Community College System of Nevada to increase efforts to develop course offerings, academic programs and student activities available at its institutions that better reflect the cultural diversity of the student body and local communities; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chairman of the Board of Regents of the University of Nevada.

________

 

FILE NUMBER 102, AR 7

Assembly Resolution No. 7–Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 102

 

ASSEMBLY RESOLUTION—Commending the staff of the Legislative Counsel Bureau.

 

    Whereas, This legislative session is the first session limited to 120 days; and

    Whereas, The ability to meet this time limitation was dependent upon the development of a comprehensive schedule, the coordination of staff assignments and, ultimately, the participation of each staff member to accomplish in 120 days what had been completed in the longer sessions of the past; and

    Whereas, After months of gathering ideas, reviewing needs and concerns, and identifying and discussing potential problems, a plan was produced, approved and implemented; and

    Whereas, The staff of each division and unit of the Legislative Counsel Bureau became involved with the success of this historic session and has met this challenge with unparalleled skill, resourcefulness, energy and, when necessary, humor; and

    Whereas, In the Administrative Division of the Legislative Counsel Bureau, the staff of the Information Systems Unit and the Media Services Unit successfully brought new technology to the legislative process, the staff of the Buildings Unit, the Grounds Unit and the Janitorial Unit kept the building and its grounds safe and looking their best, and the staff of the Accounting Unit, the General Services Unit, the Legislative Police, the Las Vegas office and the Director’s office, and the session staff in the message center, the public bill room, the bill mail room, lobbyist registration and the lobbyist center kept the Legislature functioning smoothly; and


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1999 Statutes of Nevada, Page 3990 (File Number 102, AR 7)

 

    Whereas, The staff of the Audit Division continued to provide the Legislature with independent and reliable information about the operations of state agencies, programs, activities and functions by presenting audit reports and by testifying on legislation to promote accountability in state government, and continued to produce their high-quality audits while reviewing all legislation within the new time limitations in a quick and efficient manner; and

    Whereas, The staff of the Fiscal Analysis Division reviewed the ever-increasing budget, bills related to the budget, and budget amendments within a greatly condensed period, maintaining their usual accuracy and efficiency, reviewed fiscal notes in half the time available in previous sessions, provided staff support for the Taxation Committee and responded to Legislators’ requests for information concerning budgets and taxation promptly and efficiently; and

    Whereas, The staff of the Legal Division exceeded their high standards by meeting all deadlines for the drafting of bills and amendments, doing more work in less time without sacrificing quality or their meticulous attention to detail, while providing legal advice on the usual wide range of issues to the Legislature and its staff, fully aware that their dedication and long hours were essential to the success of the plan for the 120-day session; and

    Whereas, The staff of the Research Division, assisted by its Research Library, provided research and analysis of current and proposed public programs and policies, furnished thorough and prompt background information for use in committees and on the floor of the Nevada Assembly, aided committee chairmen by providing administrative and technical assistance in the processing of bills to meet the rigorous scheduling demands established as a result of the condensed session, and responded to an increased number of Legislator and constituent requests in a timely, efficient, and thorough manner despite strict time constraints; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 70th session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding staff of the Legislative Counsel Bureau; and be it further

    Resolved, That May 13, 1999, is hereby designated as Legislative Counsel Bureau Staff Appreciation Day in recognition of the exemplary service provided to the members of the Assembly and to the residents of the State of Nevada; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lorne Malkiewich, Director of the Legislative Counsel Bureau.

________

 


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1999 Statutes of Nevada, Page 3991

 

FILE NUMBER 103, ACR 68

Assembly Concurrent Resolution No. 68–Committee on
Elections, Procedures, and Ethics

 

FILE NUMBER 103

 

ASSEMBLY CONCURRENT RESOLUTION—Requesting the return to the Assembly from the Governor’s office of Assembly Bill No. 552 of this session.

 

    Whereas, Assembly Bill No. 552 of this session has passed both houses of the 70th session of the Legislature, has been enrolled and delivered to the Governor; and

    Whereas, Assembly Bill No. 552 needs further legislative attention; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Assembly Bill No. 552 of this session to the Assembly for further consideration; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny C. Guinn as soon as practicable.

________

 

FILE NUMBER 104, SCR 46

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

 

FILE NUMBER 104

 

SENATE CONCURRENT RESOLUTION—Requesting the return to the Senate from the Governor’s office of Senate Bill No. 8 of this session.

 

    Whereas, Senate Bill No. 8 of this session has passed both houses of the 70th session of the Legislature, has been enrolled and delivered to the Governor; and

    Whereas, Senate Bill No. 8 needs further legislative attention; now, therefore, be it

    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. 8 of this session to the Senate for further consideration; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Kenny C. Guinn as soon as practicable.

________

 


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1999 Statutes of Nevada, Page 3992

 

FILE NUMBER 105, SCR 2

Senate Concurrent Resolution No. 2–Committee on Finance

 

FILE NUMBER 105

 

SENATE CONCURRENT RESOLUTION—Urging the Commission on Professional Standards in Education to raise the level of competence that applicants for an initial license to teach are required to demonstrate on competency tests.

 

    Whereas, The education of the children of this state and our nation is a primary concern of the residents of this state and of this nation; and

    Whereas, A successful system of public education is an essential element of fulfilling this state’s important goal of ensuring an equality of opportunity, full participation and economic self-sufficiency for the residents of this state; and

    Whereas, The profession of teaching is one of the most important professions that a person may undertake because teachers who are employed by the school districts in this state play a critical role in ensuring that our children receive a challenging and enriching education; and

    Whereas, The success of an effective system of public education depends upon teachers who are qualified, knowledgeable and competent in their subject areas; and

    Whereas, The National Commission on Teaching & America’s Future is an organization dedicated to providing an agenda for meeting “America’s educational challenges, and connecting the quest for higher student achievement with the need for teachers who are knowledgeable, skillful, and committed to meeting the needs of all students”; and

    Whereas, The National Commission on Teaching & America’s Future published a report in 1996 entitled “What Matters Most: Teaching for America’s Future,” and a report in 1997 entitled “Doing What Matters Most: Investing in Quality Teaching” which concluded respectively that, with respect to the many reforms taking place in our nation’s system of public education, “the reform of elementary and secondary education depends first and foremost on restructuring its foundation — the teaching profession” and “[n]o other intervention can make the difference that a knowledgeable, skillful teacher can make in the learning process”; and

    Whereas, A representative of the National Commission on Teaching & America’s Future presented a report to the Legislative Committee on Education which concluded that the qualifications of teachers, as measured by the results of the competency tests that are required for licensure, the assessments of the performance of teachers and the experience of teachers, account for 43 percent of the scores that students receive on achievement and proficiency examinations; and

    Whereas, During the past 2 years, this state has developed and enacted sweeping reforms in the system of public education to improve the academic achievement of students, including, without limitation, rigorous academic standards of content and performance; and

    Whereas, The rigorous new academic standards of content and performance and other reforms made to the system of public education in this state demand a high level of quality and performance by both students and teachers; and


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

1999 Statutes of Nevada, Page 3993 (File Number 105, SCR 2)

 

    Whereas, The linchpin to the successful implementation of the rigorous academic standards in the public schools of this state is teachers who are qualified and trained to teach students the rigorous academic standards; and 

    Whereas, The Commission on Professional Standards in Education is responsible for establishing the qualifications for licensing teachers in this state and for adopting regulations governing the examinations for the issuance of initial licenses to teachers; and

    Whereas, The regulations adopted by the Commission on Professional Standards in Education provide that an applicant for an initial license to teach must pass a competency test that has been approved by the Commission at a level of competence specified by the Commission; and

    Whereas, According to a report issued in 1995 by the Department of Education entitled “The Nevada Competency Testing Program For Educational Personnel,” the specified level of competence required of successful applicants on the competency tests is based upon, without limitation, performance levels of applicants, considerations of the supply and demand of teachers in this state and the levels of competence set by other states that use the same series of competency tests as this state; and

    Whereas, Instead of basing the specified level on such external factors, the specified level of competence required of successful applicants for an initial license to teach should be set at a level that provides a meaningful standard for entry into the demanding profession of teaching to ensure that only competent and qualified persons are issued a license in this state; and

    Whereas, Many states, including, without limitation, Georgia, Ohio, Pennsylvania and Virginia, which require the same series of competency tests for teachers as this state, have recently raised the level of competence required of teachers on those tests; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature urge the Commission on Professional Standards in Education, in consideration of the rigorous demands placed on teachers in this state, raise the level of competence that a successful applicant for an initial license to teach is required to demonstrate on the competency tests required by the Commission; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the Commission on Professional Standards in Education.

________

 


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1999 Statutes of Nevada, Page 3994

 

FILE NUMBER 106, SCR 3

Senate Concurrent Resolution No. 3–Committee on Finance

 

FILE NUMBER 106

 

SENATE CONCURRENT RESOLUTION—Urging the Board of Regents of the University of Nevada, the Department of Education and the school districts to take certain actions that are necessary to facilitate the sharing of certain information to improve the system of public education in this state.

 

    Whereas, The education of the children of this state and our nation is a primary concern of the residents of this state and of the United States; and

    Whereas, During the past 2 years, this state has developed and enacted sweeping reforms in the system of public education to improve the academic achievement of students, including, without limitation, rigorous academic standards of content and performance; and

    Whereas, The rigorous new academic standards of content and performance and other reforms made to the system of public education in this state demand a high level of academic performance by both students and teachers; and

    Whereas, The Education Trust is an independent nonprofit organization whose mission is to encourage collaboration among schools, colleges and universities to promote the common goal of providing a quality system of education; and

    Whereas, The Education Trust encourages universities and school districts to offer constructive feedback to each other, to make joint decisions about the academic qualifications of new teachers and to establish academic standards for persons who desire to enter into the teaching profession that are aligned to the academic standards established for the pupils in public schools; and

    Whereas, The Council to Establish Academic Standards for public schools in this state has concluded that teaching children in elementary school how to read is the highest educational priority of this state; and

    Whereas, There is evidence that across the nation and in this state, persons who are enrolled in educational programs for entry into the teaching profession do not receive sufficient training in teaching children how to read and how to apply basic mathematical principles of computation; and

    Whereas, As part of the reform made to the system of public education in this state, each year the school districts of this state are required, pursuant to NRS 385.347, to report the percentage of students who graduate from high school and who subsequently enroll in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada; and

    Whereas, Pursuant to NRS 396.548, the Board of Regents of the University of Nevada requires employees of the University and Community College System of Nevada to provide to the board of trustees of each school district of this state information regarding:

    1.  The number of pupils who graduated from a high school in the district in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics; and

    2.  Any costs incurred by the University and Community College System of Nevada to provide such remedial instruction; and


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

1999 Statutes of Nevada, Page 3995 (File Number 106, SCR 3)

 

    Whereas, The University and Community College System of Nevada reported that for the summer and fall of 1997, more than 1,187 students who graduated from high schools within this state were required to complete remedial programs in mathematics or English, or both subjects, and the cost of providing such remedial instruction was approximately $414,000; and

    Whereas, Further collaboration between the University and Community College System of Nevada and the school districts of this state that will increase the flow of information concerning the progress of students in meeting the new academic standards and teachers in teaching the new academic standards is essential to foster the success of the reforms made to the system of public education in this state; and

    Whereas, The Family Educational Rights and Privacy Act, 20 U.S.C. ง 1232g, is a Federal Law that is designed to protect the privacy of the educational records of students in elementary, secondary and postsecondary schools; and

    Whereas, Pursuant to the Family Educational Rights and Privacy Act, postsecondary educational institutions may not release information that reveals personal information about the student without the consent of the student; and

    Whereas, The ability of school districts to acquire accurate and detailed information about the academic readiness of freshmen at the community colleges and universities of the University and Community College System of Nevada who recently graduated from high schools in this state is crucial for the school districts to tailor their academic programs so that future students are prepared for the challenges of postsecondary education; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature urge the Board of Regents of the University of Nevada to ensure that the universities and community colleges within the University and Community College System of Nevada obtain, in accordance with the Family Educational Rights and Privacy Act, the consent of students as is necessary for the universities and community colleges to provide the school districts of this state with more detailed information about the academic readiness of freshmen and the academic deficiencies of students in mathematics, English and science; and be it further

    Resolved, That as part of the collaboration between the University and Community College System of Nevada and the school districts of this state, the members of the 70th session of the Nevada Legislature urge the school districts to provide constructive feedback to the colleges of education of the University and Community College System of Nevada concerning the strengths and areas for improvement of teachers who are trained in such colleges in teaching students the rigorous new academic standards adopted for this state; and be it further

    Resolved, That the Department of Education shall provide assistance to the collaboration by means of the statewide automated system of information concerning pupils that is maintained by the Department or by means of other sources of information concerning pupils maintained by the Department; and be it further


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

1999 Statutes of Nevada, Page 3996 (File Number 106, SCR 3)

 

    Resolved, That the Department of Education, in cooperation with the University and Community College System of Nevada, shall study the effectiveness of the collaboration between the University and Community College System of Nevada and the school districts of this state and submit a report of the results of its study and any recommendations for legislation to the members of the 71st session of the Nevada Legislature; 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, the board of trustees of each school district in this state and the Superintendent of Public Instruction.

________

 

FILE NUMBER 107, SCR 11

Senate Concurrent Resolution No. 11–Senator O’Connell

 

FILE NUMBER 107

 

SENATE CONCURRENT RESOLUTION—Expressing support for efforts in the State of Nevada to develop more effective suicide prevention programs.

 

    Whereas, Suicide is the ninth leading cause of death in the United States and ranks third in young persons between the ages of 15 and 24 years; and

    Whereas, Nationally, 31,000 lives are lost to suicide each year and an estimated 750,000 suicides are attempted; and

    Whereas, Suicide annually causes over 200,000 family members nationwide, including many Nevadans, to mourn a tragic death from suicide; and

    Whereas, The rate of suicides per 100,000 persons has remained relatively stable over the past 40 years for the general population, but that rate has nearly tripled for young persons and is the highest ever for adults over the age of 65 years; and

    Whereas, The stigma associated with mental illness often discourages persons at risk of committing suicide from seeking lifesaving help; and

    Whereas, The stigma associated with suicide seriously inhibits surviving family members from regaining meaningful lives; and

    Whereas, Death from suicide in the State of Nevada imposes a considerable economic burden in terms of potential years of life lost, medical costs incurred and workdays lost by mourners; and

    Whereas, Suicide is a complex, multifaceted biological, sociological, psychological and societal problem; and

    Whereas, Because many deaths from suicides are preventable, there is an urgent need for the development of more effective suicide prevention programs; and

    Whereas, Opportunities for the prevention of suicide continue to increase because of advances in clinical research, treatments for mental disorders, neuroscience and the development of community-based initiatives that await evaluation; and

    Whereas, Efforts to prevent suicide should be encouraged to the maximum extent possible; now, therefore, be it


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

1999 Statutes of Nevada, Page 3997 (File Number 107, SCR 11)

 

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Legislature of the State of Nevada do hereby recognize suicide as a serious problem in this state and declare the prevention of suicide to be a state priority; and be it further

    Resolved, That this legislative body acknowledges that no single suicide prevention program or effort is appropriate for all populations or communities and therefore encourages community-based initiatives dedicated to:

    1.  Preventing suicide;

    2.  Responding to persons at risk for suicide, including those persons who have already attempted suicide;

    3.  Promoting safe and effective treatment for persons at risk for suicide; and

    4.  Supporting persons who have lost someone to suicide; and be it further

    Resolved, That the Nevada Legislature encourages the development and promotion of accessible and affordable mental health services that would enable persons at risk for suicide to obtain such services without fear of any stigma.

________

 

FILE NUMBER 108, ACR 16

Assembly Concurrent Resolution No. 16–Committee on Education

 

FILE NUMBER 108

 

ASSEMBLY CONCURRENT RESOLUTION—Urging the Department of Education to establish an advisory group to review the requirements for a pupil with a disability to graduate from high school with a standard diploma.

 

    Whereas, The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. งง 1400 et seq., is the federal law which seeks to ensure that children with disabilities have access to a free appropriate public education; and

    Whereas, Providing a free appropriate public education to pupils with disabilities who reside in Nevada is an essential element of fulfilling this state’s important goal of ensuring equality of opportunity, full participation, independent living and economic self-sufficiency for persons with disabilities; and

    Whereas, Pursuant to IDEA and the regulations adopted by the State Board of Education to carry out IDEA, an individualized education program must be developed for each pupil with a disability that includes a written statement of the annual goals for the pupil which must be designed to enable the pupil to participate and progress in the general curriculum; and

    Whereas, An individualized education program for a pupil with a disability must also include a statement of the modifications, if any, in the administration of statewide examinations of pupil achievement that are necessary for the pupil with a disability to participate in the examinations; and


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

1999 Statutes of Nevada, Page 3998 (File Number 108, ACR 16)

 

    Whereas, If the team of persons developing a pupil’s individualized education program determines that the pupil will not participate in a particular statewide examination or a particular part of a statewide examination, the individualized education program must include a statement explaining why the examination is not appropriate for the pupil and how the pupil will otherwise be tested; and

    Whereas, Nevada law requires the administration of achievement and proficiency examinations to pupils who are enrolled in public schools before the completion of grades 4, 8, 10 and 11; and

    Whereas, Nevada law prohibits the issuance of a diploma to a pupil until he has passed the high school proficiency examination; and

    Whereas, The State Board of Education has adopted regulations providing that a pupil with a disability is entitled to graduate from high school with an adjusted diploma if he fulfills all the requirements which are outlined in his individualized education program but does not otherwise fulfill the requirements for a standard diploma; and

    Whereas, These statutes and regulations have been interpreted so that a pupil with a disability cannot graduate from high school with a standard diploma if his individualized education program:

    1.  Exempts him from taking the high school proficiency examination; or

    2.  Requires the pupil to take the examination with modifications or accommodations that are not considered appropriate for graduation from high school with a standard diploma; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature hereby urge the Department of Education to establish an advisory group consisting of special education teachers, other teachers, administrators in the public schools, parents of pupils who are enrolled in programs of special education, members of the staff of the Department of Education and members of the staff of the Legislative Counsel Bureau to review this issue and recommend any additional criteria by which a pupil with a disability should be eligible to graduate from high school with a standard diploma; and be it further

    Resolved, That the Department of Education is also urged to ask the advisory group to consider which accommodations and modifications in the administration of the high school proficiency examination to pupils with disabilities should be determined appropriate for graduation from high school with a standard diploma, including, without limitation, the acceptable use of calculators and spell checkers and the provision of oral testing; and be it further

    Resolved, That if such an advisory group is established during the 1999-2001 legislative interim, the Department of Education is directed to submit a copy of any findings and recommendations on this subject by the advisory group to the Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Superintendent of Public Instruction and the President of the State Board of Education.

________


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

1999 Statutes of Nevada, Page 3999

 

FILE NUMBER 109, AR 8

Assembly Resolution No. 8–Assemblymen Beers, Anderson, Angle, Arberry, Bache, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 109

 

ASSEMBLY RESOLUTION—Congratulating Patrick Hummel, a ninth grader at The Meadows School in Las Vegas, for winning the 1999 National High School Championship of the United States Chess Federation.

 

    Whereas, With over 80,000 members, the United States Chess Federation is the official sanctioning body for tournament chess in the United States and for United States participation in international chess events; and

    Whereas, At 12 years of age, and after only 32 months of playing chess, Patrick Hummel attained the coveted chess title of United States Chess Federation Master, an accomplishment achieved for the first time by anyone that age in the history of chess in America and rarely equaled in the world history of the game; and

    Whereas, Patrick Hummel won three straight National Grade School Chess Championships in the sixth, seventh and eighth grades and the 1997 National High School Action Chess Championship; and

    Whereas, Patrick Hummel scored 6 1/2 out of a possible 7 points and finished first in a championship field of 340 players to win the prestigious 1999 National High School Championship co-sponsored by the United States Chess Federation held April 9 through April 11 in Sioux Falls, South Dakota, a feat even more noteworthy as he is one of only three persons ever to win this tournament at the age of 14 years; and

    Whereas, The weekend following the tournament in South Dakota, Patrick won the Nevada Scholastic Chess Championship in Reno which was sponsored by Nevada Chess, Inc., the Nevada affiliate of the United States Chess Federation, and as a result of this win, he will represent Nevada at the Denker Tournament of High School Champions, hosted by Nevada for the first time and scheduled to be held this August at the Sands Regency Hotel Casino in Reno; and

    Whereas, Winning the Nevada championship gained Patrick Hummel enough rating points to earn him the title of Senior Master, the highest title awarded by the United States Chess Federation, and by this achievement Patrick became the second youngest Senior Master in the country; and

    Whereas, Patrick Hummel is a freshman at The Meadows School in Las Vegas where he is a straight A honors student who has also distinguished himself in the field of mathematics by becoming the MATHCOUNTS 1997 Southern Nevada Champion, the 1998 Nevada Champion and a National Finalist at the 1998 competition in Washington, D.C., and has also completed the American High School Mathematics Examination which qualifies him to compete in the 17th Annual American Invitational Mathematics Examination; and


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

1999 Statutes of Nevada, Page 4000 (File Number 109, AR 8)

 

    Whereas, Patrick Hummel balances his life with a wide range of activities, including swimming on The Meadows swim team, working out at the gym, playing the trumpet and studying Mandarin Chinese; and

    Whereas, Patrick’s parents, Paul and Carla Hummel, and the students and faculty of The Meadows School are very proud of this outstanding chess Master and multi-talented young man; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 70th session of the Nevada Legislature congratulate Patrick Hummel on his achievements in the game of chess, especially his most recent winning of the 1999 National High School Championship; and be it further

    Resolved, That this body hereby urges the residents of the State of Nevada to recognize Patrick Hummel as a model of what can be accomplished when a person of any age pursues a goal with determination and dedication; and be it further

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

________

 

FILE NUMBER 110, AJR 12

Assembly Joint Resolution No. 12–Assemblymen Beers, Buckley, Perkins, Manendo, Hettrick, Berman, Parks, de Braga, Thomas, Segerblom, McClain, Tiffany, Nolan, Brower, Angle, Gustavson, Chowning, Mortenson, Carpenter, Gibbons, Neighbors, Lee, Arberry, Giunchigliani, Collins, Von Tobel, Ohrenschall and Price

 

Joint Sponsor: Senator Amodei

 

FILE NUMBER 110

 

ASSEMBLY JOINT RESOLUTION—Urging the Federal Government to invest all surplus money in the Federal Insurance Contributions Act for the benefit of the Social Security system.

 

    Whereas, The Social Security system provides benefits to 44 million Americans, including over 27 million retirees, 4 1/2 million people with disabilities, almost 4 million surviving children and over 8 million surviving adults, and is essential to the dignity and security of a large number of the residents of this country; and

    Whereas, The Trustees of the Federal Old-Age and Survivors Insurance and Disability Insurance Trust Funds have reported to Congress that the “total income” of the Social Security system “is estimated to fall short of expenditures beginning in 2019 and in each year thereafter . . . until [trust fund] assets are exhausted in 2029”; and

    Whereas, Intergenerational fairness, honest accounting principles, prudent budgeting and sound economic policy all require saving Social Security to ensure that our country may better afford the demands placed on Social Security upon the retirement of the “baby boomer” generation beginning in 2010; and


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

1999 Statutes of Nevada, Page 4001 (File Number 110, AJR 12)

 

    Whereas, If efforts were expended to save the Social Security system, the national savings would be expanded, interest rates would be reduced, private investments would be enhanced, labor productivity would increase and the economy of this country would grow; and

    Whereas, The Social Security system produces an annual surplus that is invested in government bonds and the United States Department of Treasury currently borrows the “surplus,” which is projected to approach $100 billion dollars by the end of 1999, and spends this money on programs that are unrelated to Social Security; and

    Whereas, The United States House of Representatives introduced a bill into Congress 1 year ago, designated H. R. 3207, that would have created the “Save Social Security First Reserve Fund” into which the Secretary of the Treasury would be required to deposit budget surpluses pending Social Security reform; and

    Whereas, This bill was referred to the Subcommittee on Social Security on February 19, 1998, but died in committee; and

    Whereas, Similar bills have been introduced to protect the Social Security system, but to date none have been acted upon; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 70th session of the Nevada Legislature hereby urge the Federal Government to invest all surplus money from Federal Old-Age and Survivors Insurance for the benefit of the Social Security system; and be it further

    Resolved, That such investments must be in public debt securities with suitable maturities and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities; and be it further

    Resolved, That the income on such investments must be credited to and form a part of the fund for use in the future; and be it further

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

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

________

 

FILE NUMBER 111, SJR 21

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

 

FILE NUMBER 111

 

SENATE JOINT RESOLUTION—Expressing concern regarding proposals redefining the space in which an aircraft may be flown over the Grand Canyon.

 

    Whereas, Tourism is the mainstay of the Nevada economy; and

    Whereas, The air tour industry is an exciting and strong attraction for visitors to Southern Nevada; and


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

1999 Statutes of Nevada, Page 4002 (File Number 111, SJR 21)

 

    Whereas, Air tours over the Grand Canyon have been a tourism tradition for more than 70 years and this industry has maintained a strong safety record; and

    Whereas, Approximately 800,000 visitors from around the world enjoyed air tours of the Grand Canyon in 1996 and 500,000 of those visitors originated their flights in Southern Nevada; and

    Whereas, Air tours are the only way that persons who have certain physical disabilities can experience the grandeur of the Grand Canyon; and

    Whereas, In 1996, a study conducted by the University of Nevada, Las Vegas, estimated that air tourism to the Grand Canyon using Southern Nevada air tour operators contributed more than $374.8 million to the Southern Nevada economy; and

    Whereas, The study concluded that the Las Vegas Convention and Visitors Authority generates air tour industry expenditures of $49.8 million each year; and

    Whereas, The study determined that more than 142,000 foreign visitors, which constitutes 32.4 percent of all foreign visitors, and more than 9,000 visitors from the United States, which constitutes 23.7 percent of all visitors from within the United States, would forego visits to Southern Nevada if the Grand Canyon air tours were unavailable; and

    Whereas, Recent economic downturns in Asia have adversely impacted tourism in Southern Nevada; and

    Whereas, The air tour industry provides visual access to back country of the Grand Canyon including 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 in the canyon would be afforded the opportunity to appreciate these magnificent sights; and

    Whereas, Air tours do not cause a permanent negative impact on the fragile environment of the Grand Canyon as do some other activities; and

    Whereas, In 1988, Special Federal Aviation Regulation 50-2 was enacted establishing routes, altitudes and reporting requirements and as a result of this legislation, noise complaints have been dramatically reduced and there has been a substantial restoration of natural quiet to the Grand Canyon; and

    Whereas, Since the enactment of the requirements of this regulation, 92 percent of visitors to the park have reported that they were not adversely affected by aircraft sounds, and visitors to the back country have reported seeing or hearing only one or two aircraft a day; and

    Whereas, The United States Forest Service concluded in 1992 that there were “few adverse impacts to wilderness users” from aircraft tours and that the flights did not impair the overall enjoyment of the wilderness or reduce the likelihood of repeat visits; and

    Whereas, A hearing held on September 2, 1998, by the House National Parks and Public Lands Subcommittee disclosed that the National Park Service noise analysis failed to undergo scientific modeling or peer review; and


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

1999 Statutes of Nevada, Page 4003 (File Number 111, SJR 21)

 

    Whereas, The National Park Service disclosed on February 2, 1999, its intention to redefine the threshold for substantial restoration of natural quiet in the air tour air space of Grand Canyon National Park at a noticeability level of 8 decibels below natural ambient air sound; and

    Whereas, Air tour operators and acoustical experts conclude that this higher threshold proposed by the National Park Service would virtually shut down air tours in the east end air space of the Grand Canyon National Park; and

    Whereas, The Federal Aviation Administration now proposes to conduct an environmental assessment of air routes from Las Vegas to the Grand Canyon based solely on sound that could lead to further restriction or capping of flights; and

    Whereas, The Nevada Congressional Delegation, the Nevada Commission on Tourism, the Las Vegas Convention and Visitors Authority and McCarran International Airport repeatedly have supported maintaining a viable Southern Nevada air tour industry and continued air access to and from Las Vegas; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature expresses its concern regarding any proposal to redefine the space in which aircraft may be flown over the Grand Canyon and urges the Congress of the United States to effect an outcome for the Southern Nevada air tour industry that will protect, support and sustain the viability of this significant contributor to the tourism economy of the State of Nevada and the enjoyment of visitors and sightseers; and be it further

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

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

________

 

FILE NUMBER 112, AJR 15

Assembly Joint Resolution No. 15–Committee on
Health and Human Services

 

FILE NUMBER 112

 

ASSEMBLY JOINT RESOLUTION—Urging Congress to rectify inequities that occur between federal and state regulatory agencies regarding the Employee Retirement Income Security Act of 1974 as it relates to appeals processes.

 

    Whereas, On May 19, 1998, testimony was presented to members of the United States Senate Committee on Labor and Human Resources by the Honorable Marilyn R. Goldwater, Deputy Majority Whip in the Maryland House of Delegates, urging members of Congress to strengthen requirements for the appeals processes for plans covered by the Employee Retirement Income Security Act of 1974 (ERISA); and


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

1999 Statutes of Nevada, Page 4004 (File Number 112, AJR 15)

 

    Whereas, In her presentation, Ms. Goldwater noted that it is important to have strong, effective and responsive internal grievance and appeal mechanisms in place; and

    Whereas, Every state requires managed care entities to have an internal appeals process in place; and

    Whereas, If it is determined that a federal external appeals process is appropriate, it should be administered by the Federal Government according to rules established by federal law, with states managing those plans under their regulatory authority; and

    Whereas, Several states have enacted legislation to revise and refine both the internal and external appeals processes; and

    Whereas, In Maryland, legislation was enacted to strengthen the state’s internal grievance and appeals processes, establish an external appeal mechanism and provide additional regulatory authority to the state’s insurance commissioner over medical directors in health maintenance organizations; and

    Whereas, In Florida, the nation’s first external review process was created in 1985, and Florida continues to fine tune its process by utilizing a panel of six state employees for the external review process, with explicit time frames from “extreme emergency” cases to “nonurgent” cases; and

    Whereas, New Jersey enacted legislation in 1997 that requires health maintenance organizations to establish an external appeal process and now operates a consumer hot line for consumer questions and complaints; and

    Whereas, Texas enacted landmark legislation in 1998 that permits managed care enrollees to sue their health plans for malpractice in cases where they have been harmed by a plan’s decision to delay or deny treatment; and

    Whereas, According to The Best From the States II: The Text of Key State HMO Consumer Protection Provisions by Families USA Foundation (October 1998), key consumer protection provisions include the establishment of explicit time frames for appeal of decisions, implementation of methods for expediting the review of emergency and urgent care situations, acceptance of oral appeals and adoption of laws that require reviewers to be health care providers with expertise in the clinical area being reviewed and that prohibits reviewers from participating in the review of cases in which they were involved in the original decisions; and

    Whereas, On February 9, 1999, in a letter to the editor of the Las Vegas Sun, Marie Soldo, immediate past Chairman of the Nevada Association of Health Plans, wrote that, because the state has limited jurisdiction regarding the regulation of health insurance plans, more than two-thirds of Nevadans, including state and federal employees, Medicare and Medicaid enrollees and others whose employers are self-insured, are not affected by state legislative action such as mandated benefits, improved grievance and appeals processes and the proposed ombudsman office; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby urges Congress to take steps to ensure that those plans which are exempt from state regulation provide adequate protection provisions for persons covered by such health plans; and be it further


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

1999 Statutes of Nevada, Page 4005 (File Number 112, AJR 15)

 

    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.

________

 

FILE NUMBER 113, ACR 25

Assembly Concurrent Resolution No. 25–Assemblyman Carpenter

 

FILE NUMBER 113

 

ASSEMBLY CONCURRENT RESOLUTION—Authorizing the Legislative Committee on Education to study the feasibility of adopting certain reforms for the system of public education.

 

    Whereas, During the past 2 years, this state has developed and enacted sweeping reforms in the system of public education to improve the academic achievement of pupils, including, without limitation, requiring the adoption of rigorous academic standards of content and performance and statewide assessments measuring the achievement of pupils in the new standards of content and performance; and

    Whereas, The rigorous new academic standards of content and performance and other reforms made to the system of public education in this state demand a high level of quality and performance by both pupils and teachers; and

    Whereas, As part of the educational reform, the Legislative Committee on Education was created to evaluate, review and comment upon issues related to education within this state; and

    Whereas, Despite the significant progress made during the past 2 years, it is imperative that the educational reform be continually analyzed and revised as necessary to ensure that the academic achievement of pupils in this state improves; and

    Whereas, Other states have been successful in adopting reforms, in addition to the reforms that have been adopted in this state, that would be useful for this state to consider; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Committee on Education may study the components of the systems of public education in other states that have proven successful and may determine whether Nevada’s system of public education would benefit by:

    1.  Setting forth clear objectives for teachers that are closely linked to the standards of content and performance;

    2.  Adopting a system of both sanctions and rewards for schools and school districts that are linked to the results of the assessments, including, without limitation, providing financial awards to schools that have sustained the highest level of academic success or have demonstrated the greatest academic improvement;

    3.  Ranking school districts as well as schools based upon achievement;


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

1999 Statutes of Nevada, Page 4006 (File Number 113, ACR 25)

 

    4.  Authorizing the Superintendent of Public Instruction to conduct on-site inspections of schools as part of the accreditation program of a school district;

    5.  Reducing the size of the Department of Education and further directing the Department to focus its efforts on accountability and assessment programs, measuring and reporting test scores and organizing resources for schools and school districts that are performing inadequately; and

    6.  Establishing a Nevada Business and Education Coalition to develop a plan to improve the system of public education and report to the Governor, Legislative Committee on Education and the State Board of Education regarding the plan and the steps that are necessary to carry out the plan; and be it further

    Resolved, That the Legislative Committee on Education may, in consultation with the school districts in this state, review Title 34 of NRS to identify any statutes that the Committee determines should be recommended for repeal by the Legislature to allow schools and school districts more local control and flexibility in determining how to satisfy the rigorous new academic standards of content and performance; and be it further

    Resolved, That the Legislative Committee on Education may evaluate the statewide automated system of information concerning pupils established by the Department of Education pursuant to NRS 386.650 to determine the extent to which the system supports the program of accountability for public schools, including, without limitation, whether the system allows adequate access to testing data so that the information can be used for diagnostic purposes and whether the system provides a method for reports to superintendents, principals and teachers; and be it further

    Resolved, That the Legislative Committee on Education may evaluate methods to shift resources to disadvantaged schools, including, without limitation:

    1.  Allowing individual schools the flexibility to use the money for class-size reduction to pay for full-day kindergarten and for remediation programs that have proven successful in improving the academic achievement of pupils; and

    2.  Requiring schools that are performing inadequately to coordinate the use of all money received for remediation with the assistance of the Department of Education; and be it further

    Resolved, That the Legislative Committee on Education shall report any findings or recommendations for legislation to the 71st session of the Nevada Legislature; and be it further 

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chairman of the Legislative Committee on Education.

________

 


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

1999 Statutes of Nevada, Page 4007

 

FILE NUMBER 114, ACR 69

Assembly Concurrent Resolution No. 69–Committee on
Elections, Procedures, and Ethics

 

FILE NUMBER 114

 

ASSEMBLY CONCURRENT RESOLUTION—Revising the Joint Standing Rules of the Senate and Assembly for the 70th session of the Legislature governing notices of reconsideration and exemptions of bills from the rules relating to limitations on introductions and requests for legislative measures and the schedule for their enactment.

 

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Rules Nos. 14.3, 14.5 and 14.6 of the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Nevada Legislature are hereby amended to read as follows:

 

Rule No. 14.3.  Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.

    Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

    1.  The final standing committee to which a bill is referred in its House of origin may only take action on the bill on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.

    2.  Final action on a bill may only be taken by the House of origin on or before the 78th calendar day of the legislative session.

    3.  The final standing committee to which a bill is referred in the second House may only take action on the bill on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.

    4.  Final action on a bill may only be taken by the second House on or before the 110th calendar day of the legislative session.

    5.  Requests for the drafting of reports for Conference Committees must be submitted to the Legislative Counsel on or before the 118th calendar day of the legislative session.

No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed.

Rule No. 14.5.  Waivers.

    1.  At the request of a legislator or a standing committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a standing committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.


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

1999 Statutes of Nevada, Page 4008 (File Number 114, ACR 69)

 

committee before the request is submitted to the Majority Leader and the Speaker.

    2.  A waiver granted pursuant to subsection 1:

    (a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.

    (b) Must indicate the date on which the waiver is granted.

    (c) Must indicate the legislator or standing committee on whose behalf the waiver is being granted.

    (d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill.

    (e) Must indicate the provisions to which the waiver applies.

    (f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.

    3.  The Legislative Counsel shall not honor a request for the drafting of a new bill for which a waiver is granted pursuant to this rule unless such information as is required to draft the bill is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.

    4.  Upon the receipt of a written waiver granted pursuant to this rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill must be included as a part of the history of the bill after introduction.

    5.  The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill.

    6.  No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed by a waiver.

Rule No. 14.6.  Exemptions.

    1.  Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which has been determined by the Fiscal Analysis Division to:

    (a) Contain an appropriation;

    (b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;

    (c) Create or increase any significant fiscal liability of the state; [or]

    (d) Implement a budget decision; or

    (e) Significantly decrease any revenue of the state,

is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term “exempt” for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt after it is printed. A notation of each exemption granted after the bill was printed must be included as a part of the history of the bill on the next practicable legislative day.


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1999 Statutes of Nevada, Page 4009 (File Number 114, ACR 69)

 

be included as a part of the history of the bill on the next practicable legislative day. The term “exempt” must be printed on the face of all subsequent reprints of the bill.

    2.  All of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until it is determined to be exempt pursuant to subsection 1. A bill determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.

    3.  A cumulative list of all bills determined to be exempt after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.

    4.  The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:

    (a) A bill required to carry out the business of the Legislature.

    (b) A joint, concurrent or simple resolution.

    (c) A bill that was previously enrolled but, upon the request of the Legislature, has been returned from the Governor for further consideration.

________

 

FILE NUMBER 115, SJR 7

Senate Joint Resolution No. 7–Senator O’Connell

 

FILE NUMBER 115

 

SENATE JOINT RESOLUTION—Urging the members of the Nevada Congressional Delegation to support legislation requiring a portion of the United States Constitution to appear on the $1 Federal reserve note.

 

    Whereas, It is important that Americans be aware of the significance of the Constitution of the United States; and

    Whereas, The appearance of a portion of the Constitution of the United States upon the $1 Federal reserve note would remind each person who uses the note of the historical significance of the Constitution and the current impact of the Constitution upon the life of that person; and

    Whereas, Congress is currently considering the enactment of the Liberty Dollar Bill Act, an act that requires a portion of the Constitution of the United States, specifically, the preamble, a list of the first 10 amendments and a list of the Articles, to appear on one side of the $1 Federal reserve note; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada urges each member of the Nevada Congressional Delegation to support legislation requiring a portion of the Constitution of the United States to appear on one side of the $1 Federal reserve note; and be it further

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

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

________


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1999 Statutes of Nevada, Page 4010

 

FILE NUMBER 116, AJR 2

Assembly Joint Resolution No. 2–Assemblyman Collins

 

FILE NUMBER 116

 

ASSEMBLY JOINT RESOLUTION—Urging Congress to amend the provisions of the Wild Free-Roaming Horses and Burros Act to require the Secretary of the Interior and the Secretary of Agriculture to maintain at a certain level the population of wild horses living on the public lands managed by the Bureau of Land Management and the United States Forest Service.

 

    Whereas, On December 15, 1971, Congress enacted the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. งง 1331 et seq.; and

    Whereas, The purpose of the Act is to preserve the wild horses and burros living on the public lands managed by the Bureau of Land Management and the United States Forest Service and to protect those wild horses and burros from capture, branding, harassment and death; and

    Whereas, Since 1971, the population of wild horses living on the public lands managed by the Bureau of Land Management and the United States Forest Service has increased dramatically, particularly in Nevada where the largest population of those wild horses exists; and

    Whereas, The Act requires the Secretary of the Interior and the Secretary of Agriculture to manage the wild horses living on the public lands administered by the Bureau of Land Management and the United States Forest Service in a manner that will achieve and maintain a natural ecological balance on those public lands; and

    Whereas, Pursuant to that Act, if the Secretary of the Interior or the Secretary of Agriculture determines that an overpopulation of wild horses exists in an area of the public lands managed by the Bureau of Land
Management and the United States Forest Service, the secretary must remove the excess wild horses from those areas to achieve an appropriate level of management for the wild horses; and

    Whereas, Although the provisions of the Act address the issue of overpopulation of wild horses, the Act does not require that the population of wild horses be maintained at a particular level, thereby allowing the population of wild horses to expand far beyond the level envisioned by Congress in 1971; and

    Whereas, Allowing an excessive number of wild horses to live on the public lands managed by the Bureau of Land Management and the United States Forest Service causes those public lands to deteriorate from overuse and contravenes the purposes of the Taylor Grazing Act, 43 U.S.C. งง 315 et seq., and the Federal Land Policy and Management Act of 1976, 43 U.S.C. งง 1701 et seq., which are intended to protect those public lands from deterioration and overuse; and

    Whereas, Requiring the Secretary of the Interior and the Secretary of Agriculture to maintain the population of wild horses living on the public lands managed by the Bureau of Land Management and the United States Forest Service at the level established for those wild horses in 1975 will:

    1.  Improve the condition of the ranges used by the wild horses;

    2.  Increase the population and improve the habitat of deer, antelope and other species of wildlife living on those public lands;


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1999 Statutes of Nevada, Page 4011 (File Number 116, AJR 2)

 

    3.  Allow an increased use of the public lands and the development of native flora and vegetation;

    4.  Improve conditions for hunting and other outdoor sports;

    5.  Reduce the amount of money required to shelter, feed and prepare wild horses for adoption; and

    6.  Reduce the risk of deaths of wild horses because of freezing, starvation and drought; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature urges Congress to amend the provisions of the Wild Free‑Roaming Horses and Burros Act to require the Secretary of the Interior and the Secretary of Agriculture to establish the necessary regulations and procedures whereby horses and burros in excess of the appropriate management levels are gathered in a timely fashion, and unadoptable horses and burros are made available for sale at open market; and be it further

    Resolved, That the Nevada Legislature urges Congress to include provisions in the Wild Free-Roaming Horses and Burros Act directing that the proceeds of sales of unadoptable horses and burros be granted to the state director of the federal land management agency responsible for the horses and burros which were gathered off public lands, prior to sale, and that these proceeds be used to augment wild horse and burro management programs in the state; and be it further

    Resolved, That the establishment of the appropriate management levels should be based on sound scientific and locally-collected resource information that incorporates and fully acknowledges other existing multiple uses of the land, such as the needs of other wildlife and livestock living on the land; and be it further

    Resolved, That the establishment of the appropriate management levels should be concluded by the end of the federal fiscal year 2002, and maintained thereafter, irrespective of the outlet capacity of the federal horse adoption programs; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and each legislature of the other 49 states; and be it further

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

________

 


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1999 Statutes of Nevada, Page 4012

 

FILE NUMBER 117, ACR 70

Assembly Concurrent Resolution No. 70–Assemblymen Cegavske, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 117

 

ASSEMBLY CONCURRENT RESOLUTION—Commending Henry C. Hodges Sr. for his valuable contributions toward research and development in the field of vehicular transportation.

 

    Whereas, Born in 1923, Henry C. Hodges Sr. was raised in a family whose father demanded an interest in science and whose mother demanded a love of animals and the West; and

    Whereas, In 1929, the Hodges’ family pioneered the Jumping Horse Ranch in Montana and, at the age of 8 years, Henry Hodges began his career in vehicular mobility when he started his first trucking company on the ranch with three wheelbarrows, one of which was equipped with a pneumatic low pressure tire to make spring cleaning of the corrals easier; and

    Whereas, World War II interrupted the collegiate career of Henry Hodges, but the invaluable experience he gained as a member of the 10th Mountain Division of the United States Army stimulated his interest in developing off-highway wheel and tracked vehicles to move infantrymen into combat; and

    Whereas, From 1953 to 1957, Henry Hodges managed the Detroit Arsenal Test Operation of the United States Army at Camp Bullis, Texas, where he directed the testing and development of combat vehicles from jeeps to main battle tanks which required the establishment of controlled and repeatable test courses on beach heads, desert dunes, mountain trails and mud pits; and

    Whereas, In 1957, the Detroit Arsenal Test Operation was closed, and the Texas test programs were transferred to Nevada where the Nevada Automotive Test Center was founded and where Henry Hodges and a four-man crew continued the essential U.S. Army wheel and track development tests which grew to include more than 60 employees by 1968; and

    Whereas, Henry Hodges worked extensively with the military and the United States Forest Service on the use of Central Tire Inflation Systems, whereby tire pressures are reduced or increased from inside the vehicle based on the condition of the road being traversed to enhance tire traction, reduce road deterioration and diminish vehicle maintenance costs; and


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1999 Statutes of Nevada, Page 4013 (File Number 117, ACR 70)

 

    Whereas, During the 1960s, Henry Hodges developed and implemented the methodology for testing the traction of tires on hard surfaces, soft soil and winter environments, and by using state-of-the-art recording instrumentation, he was able to measure and record for the first time a complete biaxial traction curve in these materials; and

    Whereas, In the early 1970s, Henry Hodges developed Vehicle Dynamics Seminars, which teach students how a vehicle reacts during a tire blowout and how a person can control the situation, and these training classes, which are now promoted by the American Trucking Association, have included participants from law enforcement agencies, attorneys, and truck and school bus drivers from around the country; and

    Whereas, By 1972, the ever-expanding Test Center had moved all of its testing to the state-of-the-art proving ground facility developed on the historic Break-A-Heart Ranch near Fort Churchill, Nevada, which currently employs more than 200 people; and

    Whereas, In 1976, Henry Hodges built a Dynamic Force Measurement Vehicle that measures the forces acting on the vehicle and tire, and this vehicle proved to be the basis for a series of traction vehicles built to measure both road surfaces, and tire braking and traction in a variety of environments, including mud, snow, ice, and wet and dry pavement; and

    Whereas, At the Nevada Automotive Test Center, Henry Hodges directed most of the original test and development efforts of the High Mobility Multipurpose Wheeled Vehicle which was built for the United States Army, and subsequent demonstrations of this vehicle, nicknamed the “Hummer” and other military and commercial vehicles brought many visitors to Nevada from other states and foreign countries; and

    Whereas, In the 1990s, during Operations Desert Shield and Desert Storm, Henry Hodges worked extensively with the United States Army providing on-site advice and procedures to enhance the mobility and reliability of vehicles and tires for the troops in the field; and

    Whereas, Henry Hodges was presented with the Commander’s Award for Public Service and a Certificate of Appreciation for Patriotic Civilian Service by the Department of the Army to commemorate the work he did for the United States Army; and

    Whereas, Based on Henry Hodges’ technical expertise, the Nevada Automotive Test Center was able to develop the WesTrack project, an experimental road test facility, for the Federal Highway Administration at the proving ground in Nevada, including the longest research project on asphalt mixes in the world which has prompted visits to Nevada from thousands of pavement engineers from around the world; and

    Whereas, The WesTrack project also led to the development of the driverless vehicle technology that has achieved more than 800,000 miles of heavy truck operation, all done by computer, which is the highest number of driverless vehicle operating miles ever achieved in the world; and

    Whereas, Henry Hodges is one of the world’s leading experts in transportation research and development, including tire and vehicle testing for both governmental and private sector clients; and


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1999 Statutes of Nevada, Page 4014 (File Number 117, ACR 70)

 

    Whereas, His Nevada Automotive Test Center is recognized for its commitment to providing unique, timely, creative, useful and cost-effective solutions with knowledge, excellence and integrity for transportation partners worldwide; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Henry C. Hodges Sr. for his achievements related to product integrity, performance and safety, his contributions to the field of transportation research and development, and his dedication and allegiance to his state and country; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Henry C. Hodges Sr.

________

 

FILE NUMBER 118, AJR 20

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

 

FILE NUMBER 118

 

ASSEMBLY JOINT RESOLUTION—Urging the United States Environmental Protection Agency to reconsider its recent regulatory expansion of the Toxics Release Inventory.

 

    Whereas, The Emergency Planning and Community Right-To-Know Act of 1986 is intended to inform communities and residents of potential chemical hazards in their area by requiring certain businesses to report the locations and quantities of designated chemicals stored on-site to federal, state and local governments; and

    Whereas, Section 313 of the Emergency Planning and Community Right-To-Know Act specifically requires certain manufacturers to report annually releases into the environment of more than 600 designated chemicals as part of the Toxics Release Inventory which is made available on the Internet to the public by the United States Environmental Protection Agency; and

    Whereas, The United States Environmental Protection Agency has expanded the Inventory report to include the mining industry and other nonmanufacturing industrial sectors; and

    Whereas, Many of the chemicals that must be reported in the Inventory are naturally occurring elements in the earth’s crust and may be reportable by the mining industry in Nevada by mere virtue of handling and moving these elements in standard mining and ore processing activities; and

    Whereas, The current reporting requirements of the Inventory were developed for application to the manufacturing industry which brings these chemicals to the manufacturing site and releases them into the environment, and are not appropriate to apply to the mining industry where the risk to public safety is very low; and

    Whereas, The members of the Nevada Legislature acknowledge the value of the Emergency Planning and Community Right-To-Know Act and its success in encouraging large manufacturers to implement cleaner processing programs with fewer toxic chemicals;  now, therefore, be it


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

1999 Statutes of Nevada, Page 4015 (File Number 118, AJR 20)

 

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 70th session of the Nevada Legislature hereby urge the United States Environmental Protection Agency to remove the mining industry from the reporting requirements of the Toxics Release Inventory that were originally intended for use by large manufacturers; and be it further

    Resolved, That if the United States Environmental Protection Agency does not remove the mining industry from the reporting requirements of the Toxic Release Inventory, the Nevada Legislature strongly urges the Agency to develop a separate form of reporting requirements that have a direct application to the processing of minerals and exclude naturally occurring elements from the reporting requirements of the mining industry; and be it further

    Resolved, That the Nevada Legislature urges the United States Environmental Protection Agency to acknowledge in accurate perspective the fact that while mining activities do involve the handling of a large volume of material, a portion of which does contain reportable chemicals, the actual risk of public exposure is low; and be it further

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

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

________

 

FILE NUMBER 119, AJR 21

Assembly Joint Resolution No. 21–Committee on
Natural Resources, Agriculture, and Mining

 

FILE NUMBER 119

 

ASSEMBLY JOINT RESOLUTION—Urging the United States Environmental Protection Agency to reconsider certain proposed regulations for animal feeding operations.

 

    Whereas, Congress enacted the Clean Water Act in 1972 to restore and maintain the chemical, physical and biological integrity of the nation’s waters by eliminating the discharge of pollutants into surface waters and achieving increased water quality; and

    Whereas, A new Clean Water Action Plan was announced in 1997 to address nonpoint sources of water pollution and has resulted in the Unified National Strategy for Animal Feeding Operations developed jointly by the United States Environmental Protection Agency and the United States Department of Agriculture; and

    Whereas, The United States Environmental Protection Agency and the United States Department of Agriculture have identified large animal feeding operations as significant nonpoint sources of water pollution and are proposing increased federal and state regulation of these activities; and


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1999 Statutes of Nevada, Page 4016 (File Number 119, AJR 21)

 

    Whereas, The United States Environmental Protection Agency and the United States Department of Agriculture propose to fully regulate these activities and establish a permitting process for the larger, more concentrated animal feeding operations through a National Pollutant Discharge Elimination System; and

    Whereas, The proposed National Pollutant Discharge Elimination System includes a plan to reduce significantly the numbers of animals per feeding operation that will trigger the permitting and regulatory process; and

    Whereas, The National Association of State Departments of Agriculture expressed concern to the United States Environmental Protection Agency about the expansion of the permitting scheme for animal feeding operations, identified effective programs in many states that protect water quality and urged both the United States Environmental Protection Agency and the United States Department of Agriculture to give states the opportunity and flexibility to continue to implement voluntary measures by enacting statutes based upon sound science, economic feasibility and the specific needs of the state; and

    Whereas, The agricultural industry is of critical concern to the State of Nevada, and Nevada agencies are capable of adequately regulating such facilities within this state’s borders; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby expresses its full support of the recommendation by the National Association of State Departments of Agriculture that the individual states should be given the authority and flexibility to enact state statutes to protect their natural resources from potential negative effects resulting from livestock production and to base those statutes upon sound science, economic feasibility and the specific needs of the state; and be it further

    Resolved, That the Nevada Legislature strongly urges the United States Environmental Protection Agency to reconsider the proposed formula used to determine the regulatory threshold number of animals which in its current form will reduce the threshold number and significantly expand the applicability of the permitting process of the National Pollutant Discharge Elimination System; and be it further

    Resolved, That the Nevada Legislature strongly urges the United States Environmental Protection Agency to seek out and give serious consideration to comments from representatives of the states, local governments, farm bureaus, agricultural industry and soil conservation services and any other affected group or person before revising regulations regarding animal feeding operations; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Administrator of the United States Environmental Protection Agency, the Secretary of the United States Department of Agriculture and to each member of the Nevada Congressional Delegation; and be it further

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

________

 


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1999 Statutes of Nevada, Page 4017

 

FILE NUMBER 120, ACR 71

Assembly Concurrent Resolution No. 71–Assemblymen Dini, Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

FILE NUMBER 120

 

ASSEMBLY CONCURRENT RESOLUTION—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 70th session of the Nevada Legislature.

 

    Whereas, The members of the 70th 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 70th 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 70th session of the Nevada Legislature.

________

 

FILE NUMBER 121, AJR 13

Assembly Joint Resolution No. 13–Committee on
Constitutional Amendments

 

FILE NUMBER 121

 

ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to revise the term of office of a justice of the supreme court or judge of a district court who is appointed to fill a vacancy.

 

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 20 of article 6 of the Constitution of the State of Nevada be amended to read as follows:

    Sec. 20.  1.  When a vacancy occurs before the expiration of any term of office in the supreme court 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] Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the appointment was made.


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1999 Statutes of Nevada, Page 4018 (File Number 121, AJR 13)

 

January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.

    2.  If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.

    3.  Each nomination for the supreme court shall 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 be made by a temporary commission composed of:

    (a) The permanent commission;

    (b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and

    (c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.

    5.  If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the 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 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.


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1999 Statutes of Nevada, Page 4019 (File Number 121, AJR 13)

 

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.

________

 

FILE NUMBER 122, AJR 26

Assembly Joint Resolution No. 26–Assemblywoman Giunchigliani

 

Joint Sponsor: Senator O’Connell

 

FILE NUMBER 122

 

ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to exempt state contracts for the improvement, acquisition and construction of facilities for schools from the limit on general borrowing by the state.

 

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 3 of article 9 of the Constitution of the State of Nevada be amended to read as follows:

    Sec. 3.  1.  The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.

    2.  The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for [the] :

    (a) The protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof [,] ; and

    (b) The improvement, acquisition and construction of facilities for public elementary and secondary schools,

however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise. The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.

________


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1999 Statutes of Nevada, Page 4020

 

FILE NUMBER 123, SR 9

Senate Resolution No. 9–Senators Raggio and Titus

 

FILE NUMBER 123

 

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 Ann O’Connell, Dean A. Rhoads, Jon C. Porter, Michael A. Schneider, Valerie Wiener and Alice Costandina Titus are designated as the regular Senate members of the Legislative Commission; and be it further

    Resolved, That Senators William R. O’Donnell and Maurice E. Washington are designated as the first and second alternate members, respectively, for Senator Ann O’Connell; Senators Lawrence E. Jacobsen and Mark Amodei are designated as the first and second alternate members, respectively, for Senator Dean A. Rhoads; and Senators Mike McGinness and Randolph J. Townsend are designated as the first and second alternate members, respectively, for Senator Jon C. Porter; and be it further

    Resolved, That Senators Terry Care and Maggie Carlton are designated as the first and second alternate members, respectively, for Senators Michael A. Schneider, Valerie Wiener 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.


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1999 Statutes of Nevada, Page 4021 (File Number 123, SR 9)

 

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

________

 

FILE NUMBER 124, ACR 23

Assembly Concurrent Resolution No. 23–Assemblymen Price, Dini, Hettrick, Parks, Arberry, Anderson, Gibbons, Perkins, Bache, Manendo, Chowning, Ohrenschall, Von Tobel, Collins, Lee, Brower, Leslie, Cegavske, Freeman, Tiffany, Neighbors, de Braga, Carpenter, McClain, Mortenson, Claborn, Segerblom, Berman, Marvel, Williams, Thomas, Goldwater, Buckley, Parnell, Gustavson, Beers, Nolan, Humke, Evans, Giunchigliani, Koivisto and Angle

 

Joint Sponsors: Senators Raggio, Jacobsen, Rawson, Neal, O’Connell, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, O’Donnell, Porter, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 124

 

ASSEMBLY CONCURRENT RESOLUTION—Granting administrative leave to legislative employees in recognition of their service to the 70th session of the Nevada Legislature.

 

    Whereas, The staff of the Nevada Legislature and the Administrative, Audit, Fiscal Analysis, Legal and Research Divisions of the Legislative Counsel Bureau provide services to the Legislature which are vital to an efficient and productive session of the Nevada Legislature; and

    Whereas, The additional employees hired specifically for the legislative session also provide essential services with dedication, competence and enthusiasm throughout the long days of the session; and

    Whereas, With the recently adopted 120-day limit on the length of the legislative session, the entire legislative staff has worked diligently to meet required deadlines further demonstrating their extraordinary talents, patience, flexibility and tireless work ethic; and

    Whereas, The members of the 70th session of the Nevada Legislature do hereby recognize and express their appreciation of the outstanding effort made by the permanent employees of the Legislature and Legislative Counsel Bureau and by all other employees hired temporarily for the legislative session; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That 5 days of administrative leave are hereby granted to each:

    1.  Permanent employee of the Legislature and Legislative Counsel Bureau who is employed on the last day of session; and

    2.  Employee of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who:


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1999 Statutes of Nevada, Page 4022 (File Number 124, ACR 23)

 

    (a) Is employed by the Legislature or Legislative Counsel Bureau on the last day of this session; and

    (b) If requested to do so by the employee’s supervisor, remains in that employment after the last day of this session until all tasks assigned to the employee during the session are completed.

________

 

FILE NUMBER 125, ACR 60

Assembly Concurrent Resolution No. 60–Assemblymen McClain, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

FILE NUMBER 125

 

ASSEMBLY CONCURRENT RESOLUTION—Urging the State Board of Education, the boards of trustees of school districts and certain educational personnel to consider the unique needs of children who are deaf or hard of hearing.

 

    Whereas, The Individuals with Disabilities Education Act, 20 U.S.C. งง 1400 et seq., is the federal law which seeks to ensure that children with disabilities have access to a free appropriate public education; and

    Whereas, Providing a free appropriate public education to children who are deaf or hard of hearing is an essential element of fulfilling this state’s important goal of ensuring equality of opportunity, full participation, independent living and economic self-sufficiency for persons who are deaf or hard of hearing; and

    Whereas, Children who are deaf or hard of hearing require highly specialized services, equipment and materials; and

    Whereas, It is essential that children who are deaf or hard of hearing receive an education that is tailored to their unique needs in a learning environment that allows the children to develop to their fullest academic capacity; and

    Whereas, The Individuals with Disabilities Education Act requires the development, review and revision of an individualized education program for each child with a disability that sets forth the educational program for the child and specifically addresses the unique needs of the child for the child to succeed fully in school; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature urges the State Board of Education, the boards of trustees of school districts, school administrators and educational personnel to consider the unique needs of children who are deaf or hard of hearing; and be it further

    Resolved, That the Legislature urges the State Board of Education, the boards of trustees of school districts and all personnel responsible for the development of an individualized educational program for a child who is deaf or hard of hearing to ensure that:


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1999 Statutes of Nevada, Page 4023 (File Number 125, ACR 60)

 

    1.  The individualized educational program for the child takes into account the unique needs of the child and sets forth the least restrictive environment for the child in the school setting;

    2.  The parents and, if appropriate, persons who are deaf or hard of hearing assist in determining the appropriate educational program for the child;

    3.  The child receives instruction and other services in the child’s primary mode of communication and other modes of communication, if appropriate;

    4.  The child is not denied the opportunity for instruction in a particular mode of communication solely because the child has the ability to hear some sounds, the child’s parents are not fluent in the particular mode of communication or the child has previous experience with another mode of communication;

    5.  The child receives instruction and other services from teachers and other personnel who are proficient in communicating with the child in the mode of communication that the child understands, including, without limitation, American Sign Language, English-based manual or sign systems, or oral-, aural- or speech-based training;

    6.  The child has the opportunity to communicate directly with a sufficient number of his peers who are of the same age and ability as the child;

    7.  The child is exposed to adult role models who are deaf or hard of hearing; and

    8.  The child has an opportunity for participation, to the maximum extent possible, in all facets of school life, including, without limitation, recess, lunch, social events, athletic activities and extracurricular activities offered by the school; and be it further

    Resolved, That the Legislature urges the boards of trustees of school districts and the personnel responsible for the development of an individualized educational program for a child who is deaf or hard of hearing to ensure that the parents of the child are fully informed, at the time that the child’s individualized educational program is developed, reviewed or revised, of the educational options provided by the school district and available to the child so that the parents can make informed decisions about their child’s education; 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 State Board of Education and the boards of trustees of the school districts in this state.

________

 


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1999 Statutes of Nevada, Page 4024

 

FILE NUMBER 126, ACR 73

Assembly Concurrent Resolution No. 73–Assemblymen Neighbors, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsor: Senator McGinness

 

FILE NUMBER 126

 

ASSEMBLY CONCURRENT RESOLUTION—Expressing support for the Desert Space Station, a 92,000 square-foot interactive science museum that recognizes and explores Nevada’s unique spaces with exhibits and presentations.

 

    Whereas, Americans of the 21st century will need to understand science and technology to make responsible personal, professional and civic decisions; and

    Whereas, Knowledge in the fields of science and technology has exploded in the last several decades; and

    Whereas, The literacy of the general public in science and technology in the United States is poor, at best; and

    Whereas, Thomas Jefferson wrote that the ultimate powers of society reside with the people, and if the people are not informed enough to exercise those powers, the remedy is not to take the powers from them, but to inform them; and

    Whereas, Learning is an ongoing and lifelong process that takes place both inside and outside the walls of educational institutions, and effective learning includes participation and action, “I do and I understand”; and

    Whereas, Hands-on, interactive science museums have proven to be excellent places for people of all ages, levels of understanding and interests to learn science and technology by “doing”; and

    Whereas, The number of science museums has tripled during the last decade, and currently there are approximately 300 science museums in the United States; and

    Whereas, In the United States, science museums serve nearly 115 million people every year, including 13 million school children; and

    Whereas, The Desert Space Station will be a nonprofit, 92,000-square foot, hands-on, interactive science museum where children and adults can explore and experience state-of-the-art and futuristic science and technology exhibits and presentations associated with Nevada’s unique spaces, including outer space, air space and land space; and

    Whereas, The expected benefits of the Desert Space Station will be the stimulation of interest in science and technology, the enhancement of science and math education in the region, the promotion of a better understanding of the natural environment of the Mojave Desert, and an appreciation of Death Valley National Park and Ash Meadows National Wildlife Refuge; and


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1999 Statutes of Nevada, Page 4025 (File Number 126, ACR 73)

 

    Whereas, Additional benefits will be a wider understanding of renewable energy opportunities and technologies, a greater knowledge of Nevada’s mineral resources and the mining of those resources, the promotion of the understanding and appreciation of past, present and future federal activities at the Nevada Test Site, the Nellis Air Force Gunnery Range and the Fallon Naval Air Station and the stimulation of economic development and diversification in rural Nevada; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend the goals of the Board of Trustees for the Desert Space Station and express enthusiastic support for the Desert Space Station; and be it further

    Resolved, That the Nevada Legislature anticipates that the Desert Space Station will be a “must-see” attraction in the West, a source of pride for Nevadans and a catalyst for learning by people of all ages and backgrounds; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny C. Guinn and the Board of Trustees for the Desert Space Station, and be it further

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

________

 

FILE NUMBER 127, AJR 22

Assembly Joint Resolution No. 22–Committee on
Constitutional Amendments

 

FILE NUMBER 127

 

ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to create an intermediate appellate court and revise the term of a person appointed to fill a vacancy in an office for supreme court justice, court of appeals judge or district judge.

 

    Resolved by the Assembly and Senate 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 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 at least one judge serves for an initial term of 2 years, at least one for 4 years and at least 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.
…………………………………………………………………………………………………………………

1999 Statutes of Nevada, Page 4026 (File Number 127, AJR 22)

 

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.

    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, where appropriate, provide for the review by the supreme court 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] this 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 of a judge of the court of appeals, for any cause, 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.


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

1999 Statutes of Nevada, Page 4027 (File Number 127, AJR 22)

 

    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] this state. The terms of the Court of Appeals must be held at the place provided by law. The terms of the District Courts [shall] must be held at the County seats of their respective counties unless the Legislature otherwise provides by law.

    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 [,] of Nevada 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.

    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] Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.


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1999 Statutes of Nevada, Page 4028 (File Number 127, AJR 22)

 

    2.  If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.

    3.  Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:

    (a) The chief justice or an associate justice designated by him;

    (b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

    (c) Three persons, not members of the legal profession, appointed by the governor.

    4.  Each nomination for the district court [shall] must be made by a temporary commission composed of:

    (a) The permanent commission;

    (b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and

    (c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.

    5.  If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

    6.  The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.

    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.]


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

1999 Statutes of Nevada, Page 4029 (File Number 127, AJR 22)

 

    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. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.

    2.  The commission is composed of:

    (a) Two justices or judges appointed by the supreme court;

    (b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

    (c) Three persons, not members of the legal profession, appointed by the governor.

The commission shall elect a chairman from among its three lay members.

    3.  If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

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

    5.  The legislature shall establish:

    (a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;

    (b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;

    (c) The standards for the investigation of matters relating to the fitness of a justice or judge; and

    (d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.

    6.  The supreme court shall adopt a code of judicial conduct.

    7.  The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

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

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


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

1999 Statutes of Nevada, Page 4030 (File Number 127, AJR 22)

 

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

    9.  Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.

    10.  If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

    11.  The commission may:

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

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

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

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

And be it further

    Resolved, That section 3 of article 7 of the 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.


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1999 Statutes of Nevada, Page 4031 (File Number 127, AJR 22)

 

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 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.

________

 

FILE NUMBER 128, AR 9

Assembly Resolution No. 9–Assemblymen Dini,
Perkins and Hettrick

 

FILE NUMBER 128

 

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

 

    Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Rules of the Legislature, the following Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Mr. Richard D. Perkins, Ms. Barbara E. Buckley, Mr. Bernie Anderson, Ms. Sandra J. Tiffany, Mr. Greg Brower and Mr. Dennis Nolan are designated as the regular Assembly members; Mr. Douglas A. Bache and Mrs. Vonne S. Chowning are designated as the first and second alternate members, respectively, for Mr. Richard D. Perkins; Mr. Wendell P. Williams and Mr. Tom Collins are designated as the first and second alternate members, respectively, for Ms. Barbara E. Buckley; Mrs. Marcia de Braga and Mr. Roy Neighbors are designated as the first and second alternate members, respectively, for Mr. Bernie Anderson; Mr. John C. Carpenter and Ms. Kathy A. Von Tobel are designated as the first and second alternate members, respectively, for Ms. Sandra J. Tiffany; Mr. David E. Humke and Mr. Donald G. Gustavson are designated as the first and second alternate members, respectively, for Mr. Greg Brower; Ms. Merle A. Berman and Mrs. Barbara K. Cegavske are designated as the first and second alternate members, respectively, for Mr. Dennis Nolan.

________

 


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

1999 Statutes of Nevada, Page 4032

 

FILE NUMBER 129, SJR 12 of the 69th Session

Senate Joint Resolution No. 12 of the 69th Session–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

    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:


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1999 Statutes of Nevada, Page 4033 (File Number 129, SJR 12 of the 69th Session)

 

         (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.

________

 

FILE NUMBER 130, SJR 1

Senate Joint Resolution No. 1–Committee on Natural Resources

 

FILE NUMBER 130

 

SENATE JOINT RESOLUTION—Urging Congress to appropriate money for, or to transfer land to, counties in the State of Nevada that have received insufficient payments under the federal Payments In Lieu of Taxes Act.

 

    Whereas, The Federal Government manages and controls approximately 87 percent of the land in the State of Nevada, and in several counties in the State of Nevada the Federal Government manages and controls between 97 and 99 percent of the land; and

    Whereas, Because the land managed and controlled by the Federal Government in the State of Nevada is not taxable, counties that have an extensive amount of such land located within their boundaries experience tremendous fiscal burdens; and

    Whereas, Congress enacted the Act of October 20, 1976, which, as amended, is commonly known as the Payments In Lieu of Taxes Act, and which requires the Federal Government to make annual payments to local governments to compensate the local governments for the loss of revenue they experience because of the presence of certain land within their boundaries that is managed and controlled by the Federal Government; and

    Whereas, Pursuant to the Act, the Secretary of the Interior is required to make a payment for each fiscal year to each of the 17 counties in the State of Nevada because those counties have such land within their boundaries, including land that is administered by the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service and the United States Forest Service; and

    Whereas, The Bureau of Land Management was chosen by the Secretary of the Interior to administer the payments required to be made pursuant to the Act; and

    Whereas, Congress appropriates money each year that the Bureau of Land Management distributes to the counties in the State of Nevada and other states pursuant to a statutory formula set forth in the Act; and


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1999 Statutes of Nevada, Page 4034 (File Number 130, SJR 1)

 

    Whereas, From the inception of the payments in 1977 to the end of the 1997-98 fiscal year, the money appropriated by Congress has been insufficient to provide full payment to the counties in the State of Nevada pursuant to the statutory formula; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 70th session of the Nevada Legislature hereby urge Congress to appropriate for distribution to the counties in the State of Nevada the amount of money necessary to correct the underpayments to those counties pursuant to the Act for the previous fiscal years; and be it further

    Resolved, That in lieu of an appropriation by Congress to correct such underpayments, the members of the 70th session of the Nevada Legislature hereby urge Congress to authorize the transfer of land of equivalent value from the Federal Government to the affected counties in the State of Nevada; and be it further

    Resolved, That the Secretary of the Senate of the Nevada Legislature prepare and transmit a copy of this resolution to the Vice President of the United States as presiding officer of the United States Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Director of the Bureau of Land Management 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, SJR 3

Senate Joint Resolution No. 3–Committee on Natural Resources

 

FILE NUMBER 131

 

SENATE JOINT RESOLUTION—Expressing strong disapproval of certain regulations concerning regional haze proposed by the United States Environmental Protection Agency.

 

    Whereas, On July 31, 1997, the United States Environmental Protection Agency published proposed regulations concerning regional haze in volume 62, number 147, of the Federal Register at page 41137; and

    Whereas, Pursuant to those proposed regulations, the United States Environmental Protection Agency proposes to establish a national regulatory program that reduces the impairment of visibility caused by regional haze in mandatory Class I Federal areas, including national parks that encompass more than 6,000 acres, wilderness areas and national memorial parks that encompass more than 5,000 acres and any international park that was in existence on August 7, 1977; and

    Whereas, The standards for controlling and reducing regional haze set forth in the proposed regulations are unreasonable, and the cost of complying with those standards is excessive; and

    Whereas, The proposed regulations do not adequately address issues relating to the control of regional haze that is caused by emissions from motor vehicles, fires and air pollution that originates outside the United States; and


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1999 Statutes of Nevada, Page 4035 (File Number 131, SJR 3)

 

    Whereas, The proposed regulations have received extensive criticism from several agencies and organizations, including the Western Governors’ Association, the Division of Environmental Protection of the State Department of Conservation and Natural Resources, the Nevada Taxpayers Association and the Nevada Association of Counties; and

    Whereas, The United States Environmental Protection Agency has estimated that the cost of implementing the proposed regulations after adoption will be $2.7 billion per year by the year 2010, of which $2.1 billion per year is estimated to be required of the states in the Western United States; and

    Whereas, That cost will impose a significant economic burden on each state affected by the proposed regulations, including the State of Nevada and the local governments in this state; and

    Whereas, Pursuant to the proposed regulations, the State of Nevada will be unreasonably limited in its potential for future economic activity; and

    Whereas, Because impairment of visibility caused by regional haze in many areas in the Western United States is not as significant as in areas in the Eastern United States, compliance with the proposed regulations, if adopted, will be difficult for states in the Western United States, and the perceived benefit in visibility resulting from implementation of the proposed regulations in those states will be minimal in comparison to the cost of complying with the regulations; and

    Whereas, The United States Environmental Protection Agency has received numerous recommendations that it should resubmit the proposed regulations for review and comment by the members of the general public after the proposed regulations are amended to address issues concerning the control of regional haze that is caused by emissions from motor vehicles, fires and air pollution that originates outside the United States and issues concerning the cost of complying with the proposed regulations; and

    Whereas, Despite those recommendations, in February 1999, the United States Environmental Protection Agency submitted the proposed regulations to the United States Office of Management and Budget without amending the proposed regulations to address those issues; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada expresses strong disapproval of the proposed regulations concerning regional haze published by the United States Environmental Protection Agency on July 31, 1997, in volume 62, number 147, page 41137 of the Federal Register and submitted to the United States Office of Management and Budget in February 1999; and be it further

    Resolved, That the United States Environmental Protection Agency is hereby urged to refrain from adopting the proposed regulations unless the proposed regulations are amended to address issues concerning:

    1.  The control of regional haze that is caused by emissions from motor vehicles, fires and air pollution that originates outside the United States; and

    2.  The cost of complying with the proposed regulations; and be it further


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1999 Statutes of Nevada, Page 4036 (File Number 131, SJR 3)

 

    Resolved, That Congress is hereby urged to take any action that is appropriate to prohibit the United States Environmental Protection Agency from adopting the proposed regulations unless the proposed regulations are amended by the United States Environmental Protection Agency to address those issues; 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, the Director of the United States Office of Management and Budget, the Administrator of the United States Environmental Protection Agency, the Forest Supervisor of the United States Forest Service in Nevada, the Director of the Nevada State Office of the Bureau of Land Management and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources; and be it further

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

________

 

FILE NUMBER 132, SJR 10

Senate Joint Resolution No. 10–Committee
on Natural Resources

 

FILE NUMBER 132

 

SENATE JOINT RESOLUTION—Urging the members of the Nevada Congressional Delegation to introduce and support legislation providing for the disposal of certain public lands in this state.

 

    Whereas, On October 19, 1998, the Southern Nevada Public Land Management Act of 1998 was enacted by Congress as Public Law 105-263; and

    Whereas, Pursuant to that act, the Secretary of the Interior is required to dispose of public lands under his jurisdiction that are designated for that purpose in Clark County, Nevada; and

    Whereas, Pursuant to the act, the State of Nevada or certain local governments of this state specified in the act may elect to obtain any of those lands for local public purposes pursuant to the Recreation and Public Purposes Act, 43 U.S.C. งง 869 et seq.; and

    Whereas, Pursuant to the act, a portion of the gross receipts from any sales of public lands made during a fiscal year must be paid directly to the State of Nevada for use in the general education program of this state and to the Southern Nevada Water Authority for the treatment of water and for infrastructure for facilities to transmit water in Clark County, Nevada; and

    Whereas, Pursuant to the act, the remainder of the proceeds must be deposited into a special account in the Treasury of the United States for use by the Secretary of the Interior:

    1.  To acquire environmentally sensitive land in this state as defined in the act;

    2.  For capital improvements for certain recreation and conservation areas and wildlife refuges specified in the act;


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1999 Statutes of Nevada, Page 4037 (File Number 132, SJR 10)

 

    3.  To develop a multispecies habitat conservation plan in Clark County, Nevada;

    4.  To develop parks, trails and natural areas in Clark County; and

    5.  To reimburse a local office of the Bureau of Land Management for any costs incurred by the office in arranging sales or exchanges of land pursuant to the act; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature of the State of Nevada urges the members of the Nevada Congressional Delegation to introduce and support legislation that:

    1.  Applies to any public lands in this state that:

    (a) Are identified for disposal on resource management plans and management framework plans compiled by the United States Bureau of Land Management; and

    (b) Are not included in the provisions of the Southern Nevada Public Land Management Act of 1998; and

    2.  Provides for the identification and disposal of those public lands in a manner similar to the manner provided for the identification and disposal of public lands set forth in that act; and be it further

    Resolved, That the legislation include provisions for the payment of a portion of the gross receipts from any sales of public lands made pursuant to the legislation to:

    1.  The State of Nevada for general education programs in this state;

    2.  Local governments in this state for infrastructure and for the adoption or amendment of any plan for the use of land, regulations concerning zoning or other actions relating to planning required by a local government because of a sale or other disposal of public lands pursuant to the legislation;

    3.  The Secretary of the Interior for any purpose specified in the legislation that is consistent with the plans for the management of public lands adopted by the Bureau of Land Management that apply to public lands remaining under the management or control of the Federal Government pursuant to the legislation; and

    4.  The Secretary of Agriculture for the acquisition of environmentally sensitive land in the Lake Tahoe Basin and other programs and projects that will promote and protect the quality of the environment in the basin; and be it further

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

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

________

 


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1999 Statutes of Nevada, Page 4038

 

FILE NUMBER 133, SJR 12

Senate Joint Resolution No. 12–Senator Jacobsen (by request)

 

FILE NUMBER 133

 

SENATE JOINT RESOLUTION—Encouraging Congress to support the establishment of a working partnership between federal land management agencies and local governments on issues relating to the grazing of livestock on public lands.

 

    Whereas, The livestock industry comprises a significant portion of the rural economy of the State of Nevada; and

    Whereas, Recent declines in the authorization of the grazing of livestock on public lands in this state and throughout the West have had measurable negative impacts on the economic viability of ranchers and rural communities; and

    Whereas, Studies by federal agencies have revealed that public lands have improved or are improving through the use of controlled grazing of livestock on public lands; and

    Whereas, Recent management policies and directives established by federal agencies including the Bureau of Land Management of the United States Department of the Interior and the Forest Service of the United States Department of Agriculture have resulted in significant and costly reductions in the number of livestock allowed to graze on public lands in this state; and

    Whereas, These reductions are having a negative effect on the value of ranches and the economic viability of ranchers who depend on the use of public land for the successful production of livestock, resulting in an adverse effect on the economic condition of the State of Nevada; and

    Whereas, Continuation of these federal policies will have adverse effects that are far reaching and costly, including an increase in wildfires, a diminished tax base, loss of wildlife habitat and a decrease in economic activity; now, therefore, be it

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature do hereby encourage the United States Congress to support all efforts for the establishment of a working partnership between federal land management agencies, local governments and other interested parties on issues relating to the use of public lands; and be it further

    Resolved, That this legislative body supports all efforts to review the methodologies and practices that have been employed by public land management agencies which have resulted in the unnecessary reduction in the use of public lands by ranchers for the grazing of livestock; and be it further

    Resolved, That the Division of Agriculture of the Department of Business and Industry is hereby encouraged to develop a statewide database to further demonstrate the cumulative losses to this state and its counties because of the reduction in the use of public land for the grazing of livestock; and be it further


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1999 Statutes of Nevada, Page 4039 (File Number 133, SJR 12)

 

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

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

________

 

FILE NUMBER 134, ACR 74

Assembly Concurrent Resolution No. 74–Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 134

 

ASSEMBLY CONCURRENT RESOLUTION—Commending Nevada businessman and inventor Paul C. Fisher.

 

    Whereas, Paul C. Fisher, the inventor of the pressurized Fisher Space Pen, was born on October 10, 1913, in Lebanon, Kansas; and

    Whereas, After attending college for 3 years, Paul Fisher interrupted his education to work full time at the Cedar Rapids Bakery, where he served as General Manager from 1936 to 1938; and

    Whereas, In 1938, Paul Fisher returned to Kansas State University in Manhattan, Kansas, and received his Bachelor of Science degree in 1939; and

    Whereas, During World War II, Paul Fisher was General Manager and Assistant to the President of Aetna Ball Bearing Manufacturing Company, which manufactured bearings for propellers, jeeps, tanks, naval guns and other military equipment and which received the “E Award” from the War Production Board of the United States for efficient war production; and

    Whereas, In October 1945, after Milton Reynolds of the Reynolds International Pen Company introduced the Reynolds BallPoint Pen, an amazing new invention that earned millions of dollars for his company in the next 3 months but proved defective, Paul Fisher was asked by Reynolds to help design a new ball pen and later became Reynolds’ main supplier of parts for that pen; and


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1999 Statutes of Nevada, Page 4040 (File Number 134, ACR 74)

 

    Whereas, With encouragement from the top officers of Reynolds International Pen Company to invent “the writing instrument of the future,” Paul Fisher began his efforts to improve the ball pen, which is a project that he continues to this day; and

    Whereas, To finance his continued research, Paul Fisher designed his famous Bullet Pens, founded the Fisher Pen Company as a division of Fisher Armour Manufacturing Company and began manufacturing Fisher Pens in October 1948; and

    Whereas, As President and owner of Fisher Space Pen Company of Boulder City, Nevada, Paul Fisher has helped design and build many special tools and automatic machines and has several valuable patents, including patents covering inks, improved ballpoint pens, the erasable ball pens and the pressurized Space Pens that are used on all manned space flights; and

    Whereas, Paul Fisher was recognized as Nevada Small Business Person of the Year in 1980 by the United States Small Business Administration, the Nevada Exporter of the Year in 1995 by Governor Bob Miller and the Nevada Inventor of the Year in 1997 by the Nevada Technology Council; and

    Whereas, One of Paul Fisher’s inventions was named the Product of the Year in 1996 by Imagining Magazine, and the Fisher Space Pen Company was selected as one of Nevada’s top 100 private companies in 1998 by the Las Vegas 100; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Paul C. Fisher for his enterprising and inventive spirit which has contributed in many ways to this country and, especially, to the State of Nevada; and be it further

    Resolved, That the residents of this state recognize Paul Fisher as a model of what one person with a passion can accomplish; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Paul C. Fisher.

________

 


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1999 Statutes of Nevada, Page 4041

 

FILE NUMBER 135, ACR 75

Assembly Concurrent Resolution No. 75–Assemblymen Williams, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany and Von Tobel

 

Joint Sponsors: Senators Neal, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 135

 

ASSEMBLY CONCURRENT RESOLUTION—Commending William H. “Bob” Bailey and Anna Bailey for their years of public activism and service and contributions toward social and economic change in this state.

 

    Whereas, William H. “Bob” Bailey was born in Detroit, Michigan, on February 14, 1927, into a family with a strong musical tradition, and he grew up in Cleveland, Ohio, where he learned to sing in church choirs; and

    Whereas, When young William Bailey embarked on his own vocal career as part of a quartet called the Four Notes, he adopted the nickname “Bob” to avoid confusion with his cousin, Bill Bailey, who was also a professional entertainer; and

    Whereas, Bob Bailey pursued his ambition to be an international lawyer by attending and graduating from the highly-respected Morehouse College in Atlanta, Georgia; and

    Whereas, Despite his scholastic achievements, Bob Bailey’s love of music took center stage when he was hired by Count Basie to become one of the two featured singers with the Count Basie Orchestra, affording him the opportunity to have three hit records; and

    Whereas, It was during this time with Count Basie that he met and married the lovely and talented Anna Louis Porter who became his partner and loyal supporter in all his future endeavors; and

    Whereas, Anna Porter was born in Savannah, Georgia, grew up in New York City and, inspired by her mother’s creative survival skills and utilizing her own sparkling personality, became a performer at the legendary Apollo Theatre and eventually moved on to Broadway where she performed with legends such as Louis Armstrong, Pearl Bailey, Duke Ellington and Count Basie; and

    Whereas, Anna Porter’s talent, captivating beauty and gracious personality earned her nationwide fame and led her to London, England, to perform at the London Palladium for 6 months, and from there to Las Vegas as a member of the chorus line at the Moulin Rouge, a casino that featured a show with all African-American entertainers; and


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1999 Statutes of Nevada, Page 4042 (File Number 135, ACR 75)

 

    Whereas, The breakup of Count Basie’s big band in 1950 gave Bob Bailey the opening to move on to the new medium of television, and in preparation, he attended the School of Radio and Television in New York City; and

    Whereas, Bob Bailey’s break into television did not occur until after he worked in Las Vegas as a co-producer and master of ceremonies at the Moulin Rouge, the only casino at that time which was open to everyone in what was a very segregated city; and

    Whereas, The television show sponsored by the Moulin Rouge with Bob Bailey as its host was canceled when the Moulin Rouge closed after only 6 months, but Hank Greenspun, who owned KLAS-Channel 8, continued the program that was the first to be produced, acted in and directed by African-American talent and the first to be sponsored by businesses owned by African Americans; and

    Whereas, While he was pioneering the way for African Americans in the television industry as a current events talk show host with KLAS and a newscaster and variety show host with KTNV-Channel 13, Bob Bailey also wrote editorials for the Las Vegas Voice, the local African-American newspaper, and authored a column for the Las Vegas Sun; and

    Whereas, Bob Bailey’s high profile after only 2 years in Las Vegas led to his appointment as the local chairman of the Urban Renewal Advisory Commission in 1956, which was followed by numerous other appointments, including an appointment by Governor Grant Sawyer in 1961 to the commission established by the Legislature to study the extent of discrimination against minorities in Nevada; and

    Whereas, Bob Bailey’s work investigating job opportunities for the Commission made him a natural choice to direct a federally encouraged Manpower Services program that trained minorities in jobs traditionally reserved for whites and, as a result of Bob’s determination and persistent recruitment of assistance from casino executives and managers, opened up more than 1,000 jobs to minorities in less than 2 years; and

    Whereas, To augment the meager income from his television career, Bob Bailey became a real estate broker and developer, and in 1964 he and his wife, Anna, opened a club in West Las Vegas named the Sugar Hill, which became an after-hours hangout for the next 25 years for such big name entertainers as Sammy Davis, Jr., Johnny Carson and Duke Ellington, and, during that period, employed over 500 African Americans; and

    Whereas, In the mid-1960s, Bob and Anna Bailey also bought the riot-damaged West Owens Shopping Center and converted much of it into the Pan-Afro Auditorium, a move that continued to build the economic growth and employment of the African-American community in Las Vegas; and

    Whereas, Bob Bailey later established the Nevada Economic Development Company, which helped minority businesses obtain $300 million in loans and lines of credit over 19 years; and

    Whereas, Bob Bailey’s success in this venture led to a job in Washington, D.C., as an associate director and, later, deputy director of the Minority Business Development Agency, which included the responsibility of overseeing a $66 million national budget and helping to report to the United States Congress on its work; and


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1999 Statutes of Nevada, Page 4043 (File Number 135, ACR 75)

 

    Whereas, Anna Bailey encouraged her husband to accept the appointment at the United States Department of Commerce and for the 4 years during his absence managed the family business, including the development and operation of the Baby Grand Night Club, which they had acquired just prior to Bob’s appointment, and continued her role as the mother of their two children, Kimberly and John; and

    Whereas, Being homesick for Nevada, Bob Bailey declined the offer to stay in Washington after President George Bush left office and is currently concentrating on his New Ventures Inc., which has been awarded a contract to certify local businesses as qualified to participate in a new Small Business Administration program; and

    Whereas, Anna Bailey’s boundless energy has made her a vital part of various community organizations and kept her beside her husband through all their commitments and successes for the past 48 years; and

    Whereas, Together Bob and Anna Bailey raised two college graduates, now successful in their own right, John Robert Bailey, an attorney with Lionel, Sawyer & Collins, and Kimberly Ann Bailey-Tureaud, a minority business developer; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend and express their heartfelt gratitude to William H. “Bob” Bailey and Anna Bailey for all their efforts to help make Nevada a place where persons of all races and diverse backgrounds can live together and prosper together; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob and Anna Bailey.

________

 

FILE NUMBER 136, ACR 76

Assembly Concurrent Resolution No. 76–Assemblymen Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

FILE NUMBER 136

 

ASSEMBLY CONCURRENT RESOLUTION—Commending Claude “Blackie” Evans for his public service to people in this state.

 

    Whereas, Claude “Blackie” Evans was born in Joplin, Missouri, on November 11, 1935, to Homer and Gertrude Evans, and was the oldest of three children; and


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1999 Statutes of Nevada, Page 4044 (File Number 136, ACR 76)

 

    Whereas, On September 7, 1953, Blackie Evans married his childhood sweetheart, Carolyn, and later that same year the Evans family moved to Nevada where Blackie began a long and distinguished career in the labor movement, beginning as a laborer and then as a lathe operator at the Titanium Metal Corporation in Henderson, Nevada; and

    Whereas, After working as a shop steward with the United Steel Workers of America Local #4856, Blackie Evans was recognized for his dedication to the labor movement by being elected President of the Steelworkers Union Local #4856 in 1963, the youngest ever to be elected to such a responsible position; and

    Whereas, Blackie Evans’ interest in labor relations grew as he became certified in several related fields including Arbitration Preparation by the United Steelworkers of America in 1971, College of Worker’s Compensation in 1974, Management for Government Administrators at the Professional Institute of the American Management Association in 1975, Mine Safety by the United States Department of Labor in 1975, Media Relations at the George Meany Center for Labor Studies in 1976 and since 1983 he has been involved in the Degree Program at the George Meany Center for Labor Studies; and

    Whereas, In 1971, Blackie Evans was appointed by Governor Mike O’Callaghan as Labor Commissioner of the Nevada Industrial Commission, and during the next 7 years in this position, Blackie administered an operating budget in excess of $20 million per year with an investment portfolio exceeding $400 million; and

    Whereas, In 1978, Blackie Evans became the Chief Executive Officer of the State of Nevada AFL-CIO, the state labor organization that consists of approximately 150 local unions with 120,000 members; and

    Whereas, While in that office, Blackie Evans maintained and balanced an annual operating budget in excess of $500,000, served as liaison to the National AFL-CIO, National Labor Relations Board, local unions and political candidates and officials, administered statewide political action and education campaigns to endorse and elect political candidates, proposed legislation and served as a lobbyist in the Nevada Legislature supporting legislation which would benefit union members; and

    Whereas, Blackie Evans has served this state in many ways, including his membership on the State Mine Safety Advisory Board in 1969, the State Job Training Board from 1979 to 1982, the Vocation Education Board from 1980 to 1983, the State Industrial Insurance System Board of Directors from 1979 to 1993, the Federal Solar Energy Education Board in 1994 and the General Executive Board of the National AFL-CIO from 1996 to 1998; and

    Whereas, Claude “Blackie” Evans is recognized as an expert in matters of labor and management relations, contract negotiations and as a legislative lobbyist, having spent his entire lifetime combining practical experience, specialized training and formal education in all related fields of labor relations; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Claude “Blackie” Evans is hereby congratulated for his public service to Nevada and for his loyalty and dedication to the needs of members of unions within the State of Nevada; and be it further


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

1999 Statutes of Nevada, Page 4045 (File Number 136, ACR 76)

 

    Resolved, That Blackie Evans has been a leader among leaders and has contributed a lifetime of energy, skill and knowledge to the legislative process as he worked diligently to provide the Nevada Legislature with an understanding of the many concerns of hardworking men and women in Nevada; and be it further

    Resolved, That this Legislature appreciates the exceptional knowledge of all areas of labor relations and management that Blackie Evans has contributed to the political exchange of ideas from which state public policy is formed; and be it further

    Resolved, That, on the occasion of Blackie Evans’ retirement as Chief Executive Officer of the State of Nevada AFL-CIO in July of this year, the Nevada Legislature wishes Blackie many hours of relaxation and fun with his wife, his four children, Steve, Cherie, Seanna and Lisa, and his four grandchildren, Brittany, Cierra, Alex and Geena; and be it further

    Resolved, That a copy of this resolution be transmitted to Claude “Blackie” Evans.

________

 

FILE NUMBER 137, ACR 77

Assembly Concurrent Resolution No. 77–Committee on
Elections, Procedures, and Ethics

 

FILE NUMBER 137

 

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, This legislative session is the first session limited to 120 days; and

    Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 70th session of the Nevada Legislature; and

    Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and

    Whereas, The departments of the printing office including composition, offset, bindery and office staff have set and achieved these high standards under the direction of Chief Bailey; and

    Whereas, Chief Don Bailey has upgraded the equipment in the printing office to ensure the printing of all bills, resolutions, histories and journals in a timely and efficient manner; and

    Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further


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

1999 Statutes of Nevada, Page 4046 (File Number 137, ACR 77)

 

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., Chief of the State Printing Division of the Department of Administration.

________

 

FILE NUMBER 138, AJR 25

Assembly Joint Resolution No. 25–Committee on Education

 

FILE NUMBER 138

 

ASSEMBLY JOINT RESOLUTION—Expressing sympathy, support and condolences to the grieving families and students of Columbine High School, the community of Littleton, Colorado, and the residents of the State of Colorado relating to the recent tragedy in Littleton, Colorado.

 

    Whereas, On April 20, 1999, at Columbine High School in Littleton, Colorado, violence erupted resulting in the tragic and senseless deaths and wounding of many of the school’s students and their teachers; and

    Whereas, The events which occurred on that day will mark one of the most sorrowful days in our nation’s history; and

    Whereas, The members of the Nevada Legislature and many Nevada residents joined the world in watching, with feelings of emptiness, as the terrible events of that day unfolded; and

    Whereas, The empathy expressed by the residents of Nevada is genuinely and sincerely felt since violence has also resulted in the deaths of students at some of Nevada’s schools; and

    Whereas, The entirety of our society, including families, schools, religious institutions and government, must come together and join in their efforts to protect the youth of this nation from these acts of violence and death; and

    Whereas, Following the recent tragedy at Columbine High School, a series of rumors or threats of similar acts of violence have spread across the nation, including several incidents occurring in Nevada; and

    Whereas, The Nevada Legislature is deeply concerned about the welfare and safety of children and other residents of the communities within this state, as well as throughout this nation; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature, on behalf of all Nevadans do hereby express their most sincere sympathy, support and heartfelt condolences to the families of all the victims of this heinous tragedy that occurred in Littleton, Colorado, the students and faculty of Columbine High School, the community of Littleton as a whole and the residents of the State of Colorado; and be it further

    Resolved, That the victims of this tragedy will not have lost their lives in vain, but will have provided the catalyst for the leaders of this nation, elected and otherwise, to renew their commitment to protect our society and its children by teaching tolerance and respect for each other, and by taking the time to promote peace; and be it further


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

1999 Statutes of Nevada, Page 4047 (File Number 138, AJR 25)

 

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Tim Westerberg, principal of Columbine High School, Pat Cronenberger, Mayor of Littleton, Colorado, and Bill Owens, Governor of the State of Colorado; and be it further

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

________

 

FILE NUMBER 139, ACR 13

Assembly Concurrent Resolution No. 13–Committee on
Elections, Procedures, and Ethics

 

FILE NUMBER 139

 

ASSEMBLY CONCURRENT RESOLUTION—Directing the Legislative Commission to continue the study of the system of juvenile justice in Nevada.

 

    Whereas, The Legislative Commission was directed by Assembly Concurrent Resolution No. 57 of the 69th session of the Nevada Legislature to study specific issues relating to the system of juvenile justice in this state; and

    Whereas, The study was conducted during the 1997-98 legislative interim and it facilitated a wide-ranging discussion by national, state and local experts that resulted in the development of a comprehensive long-range plan to improve the system of juvenile justice in this state; and

    Whereas, The study concluded that a second phase of discussion, oversight and consideration of this issue was necessary to ensure a comprehensive approach that will result in meaningful improvements in the system of juvenile justice in Nevada; 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, consisting of four members of the Assembly and four members of the Senate, to continue the study of the system of juvenile justice in the State of Nevada; and be it further

    Resolved, That the subcommittee may appoint an advisory committee, consisting of persons who are knowledgeable in the areas of the study, to consult with and to assist in conducting the study; and be it further

    Resolved, That the study may include, but is not limited to:

    1.  A review and evaluation of the recent efforts made by state and local juvenile authorities to adopt and use uniform criteria, methodology and instruments when detaining a juvenile, placing a juvenile in a correctional facility or placing a juvenile on probation or otherwise in the community;

    2.  A review and evaluation of the system of intermediate sanctions and corresponding interventions for delinquent youth;

    3.  A review of the results of an updated report on the assessment of the need for juvenile correctional facilities and related programs in this state that was originally completed in August 1992;

    4.  A review of the evaluation of the Standardized Juvenile Justice Data Collection System of the Division of Child and Family Services of the Department of Human Resources;


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

1999 Statutes of Nevada, Page 4048 (File Number 139, ACR 13)

 

    5.  A review of the use in the juvenile justice system of this state of programs intended to prevent and treat substance abuse, including, without limitation, educational programs and aftercare efforts;

    6.  An assessment of the desirability of restructuring the relationship between state and local juvenile justice agencies, including the potential to produce a seamless continuum of care;

    7.  An assessment of gang activity and a review of prevention and intervention efforts;

    8.  An assessment of school violence in this state;

    9.  A review of the survey of the availability of nontraditional alternative education programs;

    10.  An assessment of the uniformity of standards of operation for juvenile detention and juvenile correctional facilities;

    11.  An evaluation of the results of an assessment of the need for mental health services for the juvenile justice population at the state and local level;

    12.  A review and evaluation of a proposed integrated data system to track the various interactions that individual youths have with the various state and local service agencies;

    13.  A review and evaluation of the programs and efforts to reduce truancy in public schools; and

    14.  A discussion of the desirability of implementing restorative justice programs in this state, including programs involving interaction between the delinquent juvenile and the victim; and be it further

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

    Resolved, That the Legislative Commission submit a report of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.

________

 

FILE NUMBER 140, ACR 46

Assembly Concurrent Resolution No. 46–Committee on
Elections, Procedures, and Ethics

 

FILE NUMBER 140

 

ASSEMBLY CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning the statutory limitation on damages that may be awarded to a person in a tort action against the State of Nevada, its political subdivisions or certain other persons.

 

    Whereas, The State of Nevada, by waiving its sovereign immunity, allows monetary damages to be awarded to a person in a tort action against the State of Nevada or any of its political subdivisions, or a present or former officer or employee of the State of Nevada or any political subdivision, or an immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment; and

    Whereas, The current statutory limit on the amount of damages that may be awarded to a plaintiff in such a tort action has not been increased since 1979; and


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

1999 Statutes of Nevada, Page 4049 (File Number 140, ACR 46)

 

    Whereas, Persons injured in this state may not be adequately compensated for injuries caused to them by the State of Nevada or its political subdivisions because of the current limitation on damages; and

    Whereas, Before changing the statutory limit on the amount of damages that may be awarded in such cases, it is also necessary to consider the fiscal impact on the State of Nevada and its political subdivisions; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to conduct an interim study concerning the statutory limitation on damages that may be awarded to a person in a tort action against the State of Nevada or any of its political subdivisions, or a present or former officer or employee of this state or any political subdivision, or an immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment; and be it further

    Resolved, That the Legislative Commission shall appoint a subcommittee, consisting of:

    1.  Four members of the Assembly, two of whom must have served on the Assembly Standing Committee on Judiciary during the immediately preceding session of the legislature; and

    2.  Four members of the Senate, two of whom must have served on the Senate Standing Committee on Judiciary during the immediately preceding session of the legislature,

to conduct the study; and be it further

    Resolved, That, in addition to legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee, including, without limitation:

    1.  One representative from the Office of the Attorney General;

    2.  Two representatives from the Nevada League of Cities;

    3.  Two representatives from the Nevada Association of Counties;

    4.  Two representatives from the Nevada Trial Lawyers’ Association; and

    5.  One representative from the Nevada Association of School Boards; and be it further

    Resolved, That the study must include, without limitation, an analysis of whether it is appropriate to change the current statutory limitation on damages set forth in NRS 41.035 with consideration to the potential effects of changing the limitation, including, without limitation, the potential fiscal impact of any such change and the potential effect that such a change would have on injured plaintiffs; and be it further

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

    Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.

________

 


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

1999 Statutes of Nevada, Page 4050

 

FILE NUMBER 141, ACR 53

Assembly Concurrent Resolution No. 53–Committee
on Judiciary

 

FILE NUMBER 141

 

ASSEMBLY CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct an interim study of the integration of state and local child welfare systems in this state.

 

    Whereas, During 1998, more than 13,000 reports of child abuse or neglect were submitted in the State of Nevada and more than 700 abused or neglected children in this state were placed in protective custody; and

    Whereas, Currently, a child who is placed in protective custody is initially under the supervision of the child protective services agency of a county for 6 months during which time he is assigned to a case manager and may be placed in a foster home and treated by a therapist; and

    Whereas, If a child remains in protective custody for more than 6 months, the child is then removed from the supervision of the child protective services agency and is placed under the supervision of the Division of Child and Family Services of the Department of Human Resources and is typically assigned to a different case manager, placed in a different foster home and treated by a different therapist; and

    Whereas, Under this bifurcated system, a permanent plan for the care and treatment of a child is delayed for at least 6 months and causes the child to remain in the system for a longer period of time; and

    Whereas, The State of Nevada is the only state that has such a bifurcated child welfare system; and

    Whereas, It is necessary to develop a more efficient system that will provide more stability and continuity for the children of this state who are in need of protection; 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, consisting of four members of the Assembly and four members of the Senate, to conduct an interim study of the integration of state and local child welfare systems in this state; and be it further

    Resolved, That the study must include, without limitation, a comprehensive evaluation of:

    1.  The appropriate manner in which to integrate the current state and local child welfare systems;

    2.  Whether the responsibility for managing the integrated child welfare system should be assumed entirely by the State of Nevada or by the counties and how such a system will be funded;

    3.  The child welfare systems of other states;

    4.  The manner in which the current employees of the child protective services agencies of the counties and the Division of Child and Family Services of the Department of Human Resources will be affected by creating an integrated service agency; and

    5.  Any other issues necessary to determine the most appropriate manner in which to create an integrated child welfare system in this state; and be it further


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

1999 Statutes of Nevada, Page 4051 (File Number 141, ACR 53)

 

    Resolved, That the subcommittee shall consult with private citizens and persons representative of governmental agencies involved in or affected by the child welfare system, including, without limitation, representatives of:

    1.  The Division of Child and Family Services of the Department of Human Resources;

    2.  The child protective services agencies of the counties in this state;

    3.  The juvenile and family courts;

    4.  Court Appointed Special Advocates;

    5.  Foster parents;

    6.  Guardians of children who are placed in protective custody;

    7.  The State of Nevada Employees Association; and

    8.  Organizations that represent employees of local government; and be it further

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

    Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.

________

 

FILE NUMBER 142, AJR 5 of the 69th Session

Assembly Joint Resolution No. 5 of the 69th Session–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 142

 

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 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.

    (b) Even-numbered year not later than midnight Pacific standard time 45 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 45th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.


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

1999 Statutes of Nevada, Page 4052 (File Number 142, AJR 5 of the 69th Session)

 

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

    Sec. 2.  1.  [The] Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [1st Monday of 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.] first Monday of:

    (a) February in odd-numbered years; and

    (b) March in even-numbered years.

    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

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

to the Legislature not later than [14] 30 calendar days before the commencement of each 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] each calendar day of service 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


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

1999 Statutes of Nevada, Page 4053 (File Number 142, AJR 5 of the 69th Session)

 

    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.] 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.


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

1999 Statutes of Nevada, Page 4054 (File Number 142, AJR 5 of the 69th Session)

 

and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.

      4.  If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this constitution upon completion of the canvass of votes by the supreme court.


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

1999 Statutes of Nevada, Page 4055 (File Number 142, AJR 5 of the 69th Session)

 

    5.  If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:

    (a) If all can be given effect without contradiction in substance, each shall be given effect.

    (b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.

      6.  If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.

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 and each special session, compensation for each calendar day of service.

And be it further

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

________

 

FILE NUMBER 143, SCR 4

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

 

FILE NUMBER 143

 

SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to appoint a subcommittee to conduct an interim study concerning long-term care.

 

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

    Whereas, Persons who are 65 years of age or older and persons with disabilities generally have the highest incidence of chronic illness and the greatest need for long-term care services; and


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

1999 Statutes of Nevada, Page 4056 (File Number 143, SCR 4)

 

    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, There are generally three types of long-term care services available to elderly persons who are unable to live safely alone without assistance, including, community-based care for those who can remain at home with supportive services, group care facilities or assisted living facilities, and nursing home care provided in a medical facility; and

    Whereas, Spending for long-term care is biased toward institutional care even though several studies have concluded that community-based care offers a cost-effective alternative to institutional care; and

    Whereas, It is important to determine the availability of alternatives for providing long-term care other than institutionalized care within the State of Nevada, the costs of each alternative type of care, and the advantages and disadvantages of each alternative type of care to ensure that persons in need of long-term care and the agencies of the state and local governments responsible for administering public programs for the elderly are able to make informed decisions concerning health care services; and

    Whereas, Approximately 80 percent of the funding for nursing homes comes from public sources, including, without limitation, Medicare, Medicaid and county medical assistance programs; and

    Whereas, Acute care services provided to elderly persons through Medicare are currently not integrated with long-term care services provided to elderly persons through Medicaid; and

    Whereas, The lack of coordination between Medicare and Medicaid leads to conflicting incentives for payment, shifting of costs between programs and providers, and duplicative administrative provisions that impede good clinical care and efficient delivery of services to elderly persons who are eligible for both Medicare and Medicaid; and

    Whereas, To be eligible for Medicaid in a nursing home, a single person must possess less than $2,000 in nonhousing assets and must contribute all of his income toward the cost of his care, except for a small allowance for personal needs, which is generally $30 per month; and

    Whereas, The requirement that persons in this state impoverish themselves to become eligible for long-term care benefits places many persons in need of long-term care in a very difficult situation when determining how to receive the health care services that they need to survive; and

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

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee to conduct an interim study of long-term care in the State of Nevada; and be it further

    Resolved, That the study must include, without limitation:

    1.  The identification, review and evaluation of alternatives to institutionalization for providing long-term care, including, without limitation:


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

1999 Statutes of Nevada, Page 4057 (File Number 143, SCR 4)

 

    (a) Analyzing the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this state;

    (b) Determining the positive and negative effects of the different methods for providing long-term care services on the quality of life of persons receiving those services in this state;

    (c) Determining the personnel required for each method of providing long-term care services in this state; and

    (d) Determining realistic methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive such services in this state;

    2.  An evaluation of the possibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this state; and

    3.  An evaluation of the possibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this state impoverish themselves as a condition of receiving assistance for long-term care; and be it further

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

    Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.

________

 

FILE NUMBER 144, SCR 19

Senate Concurrent Resolution No. 19–Committee on Judiciary

 

FILE NUMBER 144

 

SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct an interim study of methods to encourage corporations and other business entities to organize and conduct business in this state.

 

    Whereas, The State of Nevada is recognized for its achievements in establishing and maintaining an attractive climate for business entities to organize and conduct business; and

    Whereas, The State of Nevada has a vital interest in ensuring that business entities continue to enjoy the benefits of organizing and conducting business in this state; and

    Whereas, A comprehensive assessment of the possible methods to encourage corporations and other business entities to organize and conduct business in this state would be beneficial in maintaining and improving the attractive climate for business entities that exists in this state; and

    Whereas, A comprehensive assessment should include a review of methods that have helped other states to become more user-friendly to business entities, such as the reduction of certain administrative fees, the expanded use of available technology and the extension of the hours of operation of the Office of the Secretary of State; and


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1999 Statutes of Nevada, Page 4058 (File Number 144, SCR 19)

 

    Whereas, The establishment of a court of limited jurisdiction to resolve litigation and contractual disputes relating to business entities may promote greater specialization among judges, may ensure that cases and disputes are heard by judges with experience and expertise in complex corporate and fiduciary matters, may contribute to the development and stability of corporate and business law and may ensure consistency in the disposition of cases and disputes involving business entities; now, therefore, be it  Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee consisting of legislators to conduct an interim study of methods to encourage corporations and other business entities to organize and conduct business in this state; and be it further

    Resolved, That, in addition to the subcommittee, the Legislative Commission shall appoint an advisory committee to assist the subcommittee, which must include, without limitation:

    1.  One representative from the Office of the Secretary of State;

    2.  One representative from the Commission on Economic Development; and

    3.  One representative from the Business Law Section of the State Bar of Nevada; and be it further

    Resolved, That the study must include, without limitation, a comprehensive assessment of:

    1.  Whether any laws concerning business entities should be revised to facilitate the organization of business entities in this state and the conducting of business by business entities in this state;

    2.  The administrative fees charged to business entities who organize or conduct business in this state;

    3.  The need for expanded use of technology, including, without limitation, electronic filing of documents, to assist the Office of the Secretary of State in maintaining a high level of service for business entities;

    4.  Whether the hours of operation of the Office of the Secretary of State should be extended; and

    5.  Whether a court of limited jurisdiction should be established to resolve litigation and contractual disputes relating to business entities, and the possible organization of such a court, including, without limitation:

    (a) The jurisdiction of such a court;

    (b) The manner in which the judges for the court would be selected if such a court were to be established in this state and the qualifications required for such judges; and

    (c) The development of a proposed structure and administration for the court, with consideration given to caseloads, facilities and personnel required for the operation of the court and consideration given to the possible effects on the operation and organization of the other courts in this state; and be it further

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


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1999 Statutes of Nevada, Page 4059 (File Number 144, SCR 19)

 

    Resolved, That the Legislative Commission submit a report of the results of the study and any recommended legislation to the 71st session of the Nevada Legislature.

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FILE NUMBER 145, ACR 72

Assembly Concurrent Resolution No. 72–Committee
on Education

 

FILE NUMBER 145

 

ASSEMBLY CONCURRENT RESOLUTION—Urging the Council to Establish Academic Standards for Public Schools to incorporate the study of certain historical documents into the standards of content and performance that the Council establishes for the subject of social studies.

 

    Whereas, In the words of philosopher George Santayana, “Those who do not remember the past are condemned to repeat it”; and

    Whereas, In the words of orator Marcus Tullius Cicero, “To be ignorant of what occurred before you were born is to remain always a child. For what is the worth of human life, unless it is woven into the life of our ancestors by the records of history?”; and

    Whereas, In the minutes of a meeting of the Board of Governors of the University of Virginia held on March 4, 1825, Thomas Jefferson, Founding Father and third President of the United States of America, recorded that the principles of government upon which the Constitution of the United States of America is genuinely based are to be found essentially, with respect to the distinctive principles of the government of the United States of America, in the Declaration of Independence, the Federalist Papers and the Farewell Address of President George Washington; and

    Whereas, It is a generally held view that the Constitution of the United States of America, the Declaration of Independence, the Federalist Papers, the Gettysburg Address, the Emancipation Proclamation and the Farewell Address of President George Washington together encompass the periphery and essence of the governing principles of the United States of America; and

    Whereas, General knowledge of these essential historical documents is required of persons who desire to become naturalized citizens of the United States of America and, by comparison, we should ask no less of our children who enjoy citizenship in this country as their birthright; and

    Whereas, Knowledge of the Constitution of the State of Nevada is instrumental in understanding how the concepts and principles set forth in national documents of historical significance apply at the state level; and

    Whereas, Knowledge of documents that have been written and events that have transpired in the two centuries following the founding of this nation are also important to understanding the diverse culture that has evolved in this nation as we approach the 21st century; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature of the State of Nevada hereby urges the Council to Establish Academic Standards for Public Schools, created by the Nevada Legislature in 1997, to continue to incorporate into the standards of content and performance that the Council establishes with respect to the subject of social studies within the appropriate grade level, the study of the Constitution of the United States of America, including, without limitation, the Bill of Rights, the Constitution of the State of Nevada, the Declaration of Independence, the Federalist Papers, the Gettysburg Address and the Emancipation Proclamation; and be it further


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1999 Statutes of Nevada, Page 4060 (File Number 145, ACR 72)

 

Constitution of the United States of America, including, without limitation, the Bill of Rights, the Constitution of the State of Nevada, the Declaration of Independence, the Federalist Papers, the Gettysburg Address and the Emancipation Proclamation; and be it further

    Resolved, That the Legislature of the State of Nevada also urges the Council to incorporate into its standards the study of documents and events that reflect the full history of this country and its diverse citizenry, including, without limitation, the Seneca Falls Declaration, “Ain’t I A Woman?” by Sojourner Truth, the writings and activities of Susan B. Anthony with respect to women’s rights, the Treaty of Guadalupe Hidalgo, the speech entitled “I Have a Dream” by Martin Luther King, Jr., the Monroe Doctrine, the discussions of President Theodore Roosevelt with respect to anti-trust law and the writings and activities of Ralph J. Bunche with respect to the challenge of human relations; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chairman of the Council to Establish Academic Standards for Public Schools, created by the Nevada Legislature in 1997.

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FILE NUMBER 146, SJR 22

Senate Joint Resolution No. 22–Senator Amodei

 

FILE NUMBER 146

 

SENATE JOINT RESOLUTION—Urging Congress to ensure that proposed federal legislation to revise certain laws governing providers of financial services does not interfere with the jurisdiction of this state to regulate providers of insurance for the protection of its residents.

 

    Whereas, Congress is currently considering the enactment of H.R. 10 and S. 900 in an effort to reform certain outdated federal laws governing providers of financial services; and

    Whereas, The reformation of those federal laws, many of which were enacted in response to the Great Depression, is necessary and appropriate to ensure that providers of financial services in this country can maintain their prominence in the modern domestic and global markets; and

    Whereas, The provisions of H.R. 10 and S. 900, both of which provide for the facilitation of affiliation among banks, securities firms and insurance companies, could preempt the jurisdiction of this state:

    1.  To ensure the solvency and to regulate the trade practices of various providers of insurance in this state; and

    2.  To provide adequate protection to the residents of this state who purchase insurance from those providers,

without establishing an effective mechanism for the federal exercise of that authority; and

    Whereas, The purposes of H.R. 10 and S. 900 can be accomplished without preempting the authority of this state to regulate providers of insurance for the protection of its residents; and

    Whereas, This state currently has an effective system of laws to monitor and ensure the financial stability of providers of insurance and to protect the residents of this state from unfair trade practices; now, therefore, be it


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1999 Statutes of Nevada, Page 4061 (File Number 146, SJR 22)

 

    Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature hereby urges Congress to ensure that the provisions of H.R. 10, S. 900 and any similar federal legislation do not interfere with the jurisdiction of this state to regulate providers of insurance for the protection of its residents; and be it further

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

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

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FILE NUMBER 147, AJR 1

Assembly Joint Resolution No. 1–Assemblyman Bache

 

FILE NUMBER 147

 

ASSEMBLY JOINT RESOLUTION—Urging Congress to authorize the withdrawal by the United States Air Force of the public land within the Nellis Air Force Range for an indefinite period subject to certain conditions.

 

    Whereas, On November 6, 1986, the Military Lands Withdrawal Act of 1986 was enacted by Congress as Public Law 99-606; and

    Whereas, Pursuant to the Act, approximately 3 million acres of public land located in southern and central Nevada are withdrawn from the public domain for use by the United States Air Force in military operations and other activities conducted on the Nellis Air Force Range; and

    Whereas, Pursuant to the Act, the land is withdrawn for 15 years and, in 2001, Congress may consider whether to renew the withdrawal of the land for use by the United States Air Force for a period to be determined by Congress; and

    Whereas, The United States Air Force has indicated that it will request that the withdrawal of the land be renewed for use by the United States Air Force at the Nellis Air Force Range and that the period of withdrawal be for 25 years or an indefinite period; and

    Whereas, The military operations conducted by the United States Air Force on the Nellis Air Force Range often involve the use of live ordnance and other materials that are hazardous to the environment of areas within the range; and

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

    Whereas, Nevada has in recent years experienced a tremendous increase in population, including areas located near the Nellis Air Force Range; and

    Whereas, The increase in population has created a corresponding increase in the demand for land for public purposes, including, without limitation, land required for expansion and development of cities and towns in this state and for hunting, fishing, hiking and other recreational activities; and


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1999 Statutes of Nevada, Page 4062 (File Number 147, AJR 1)

 

    Whereas, Approximately 25 mining districts are located partially or entirely within the Nellis Air Force Range; and

    Whereas, Because mining and exploration for minerals have been conducted in several of those districts since 1860, many valuable deposits of minerals and other substances have been identified within or near the Nellis Air Force Range, including deposits of gold, silver, copper, lead, zinc, mercury, tungsten, turquoise, sodium, potassium, alunite, potash and commercial grade sand, gravel and limestone; and

    Whereas, Since approximately 1942, access to those deposits for mining or exploration has been limited or prohibited because of the withdrawal of the land for use by the United States Air Force; and

    Whereas, The Nellis Air Force Range is vitally important in protecting our national security and providing training for military operations and other activities conducted by the United States Air Force on the Nellis Air Force Range; and

    Whereas, The operations and activities conducted on the Nellis Air Force Range must be monitored and reviewed periodically to determine whether those operations and activities are necessary, and to consider the possibility of authorizing other uses of the public land within the range by residents of this state; and

    Whereas, The Nellis Air Force Range has contributed significantly to the economy of this state, and the State of Nevada supports the use of the range for purposes directly related to the operation of the Nellis Air Force Base; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby urges Congress to authorize the United States Air Force to withdraw the public land located within the Nellis Air Force Range indefinitely, provided that:

    1.  If the range or any portion thereof ceases to be used for such purposes, the range or that portion which is no longer used for such purposes would revert to the State of Nevada for economic development or other purposes that the state determines are compatible with the character of the land;

    2.  The Federal Government will be responsible for any environmental cleanup of the range that may be required;

    3.  The United States Air Force will provide periodic reports, every 5 years, to the Congress and the state, with continued public involvement and input, to:

    (a) Determine whether continued operation of the range is necessary;

    (b) Assess any damage to the environment of areas within the range; and

    (c) Consider the possibility of authorizing other uses of the public land within the range by residents of this state;

    4.  Congress reviews the indefinite withdrawal every 15 years without requiring the preparation of an Environmental Impact Statement; and

    5.  Congress does not authorize high-level radioactive waste to be stored temporarily or permanently at any location within the Nellis Air Force Range; and be it further


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1999 Statutes of Nevada, Page 4063 (File Number 147, AJR 1)

 

    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 148, AJR 24

Assembly Joint Resolution No. 24–Assemblymen Ohrenschall, Freeman, de Braga, Manendo, Chowning, Gibbons and Parks

 

Joint Sponsors: Senators Rawson and Titus

 

FILE NUMBER 148

 

ASSEMBLY JOINT RESOLUTION—Urging the Congress of the United States to adopt federal legislation mandating a warning label on products that contain a steroid ingredient.

 

    Whereas, Steroid therapy is used to treat many illnesses including ulcerative colitis, lupus, asthma, rheumatic fever, allergies and numerous other problems with millions of prescriptions being written each year; and

    Whereas, When prescribed and used correctly, synthetic steroid hormones can work wonders and reduce side effects, but when safeguards are ignored, serious problems can result, lives can be devastated and fatalities can occur; and

    Whereas, Steroid use is the most common cause of Cushing’s syndrome, which affects almost every system in the body, and Dr. David Orth of Vanderbilt University estimates that 250,000 people a year develop Cushing’s syndrome from prolonged use of steroids; and

    Whereas, Other serious side effects of steroid use include hypertension, numerous skin problems, myopathy, suppression of the immune response, depression, hair loss, arthritis, coronary artery disease, osteoporosis, cataracts, sleep disorders, tremors, headaches, and growth retardation in children; and

    Whereas, Steroid-induced medical problems can mimic many other medical conditions which often causes physicians to treat symptoms instead of recognizing the underlying problem; and

    Whereas, Manufacturers are not required to label the outside packaging of their products as containing “steroid” ingredients, and unsuspecting consumers are caught unaware of the possible side effects and of the manufacturers’ recommended precautions regarding usage of these medications; and

    Whereas, Prescription medicines that contain steroid ingredients include nasal sprays, eye drops, bronchial inhalers, skin creams, ointments and lotions, and many physicians fail to inform their patients adequately about steroids in their medications and the associated risks and recommended precautions; and


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1999 Statutes of Nevada, Page 4064 (File Number 148, AJR 24)

 

    Whereas, Many products that contain steroid ingredients are available without prescription, such as many anti-wrinkle creams, and are used by consumers without medical supervision and without knowledge that the products contain steroids or why that fact is important; and

    Whereas, Leslie W. Ortega of Las Vegas, Nevada, has founded the Steroid Warning Network, a nonprofit organization devoted to providing information and emotional support for those who suffer from steroid-related medical problems, which is currently working for federal legislation mandating the labeling of products that contain steroid ingredients; and

    Whereas, The Steroid Warning Network has created an Internet website whose address is lvrj.com/communitylink/steroidwarning that disseminates this information internationally; now, therefore, be it

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 70th session of the Nevada Legislature do hereby urge the Congress of the United States to adopt legislation mandating that all products containing a steroid ingredient, including over-the-counter products and prescription drugs, be externally labeled as containing a “steroid” ingredient by the manufacturer and include inside the packaging an insert of information regarding:

    1.  The percentage of each steroid contained in the product;

    2.  Possible adverse reactions and side effects related to the use of the product, some of which may appear after cessation of its use; and

    3.  The smallest dosage judged to be effective with strong recommendations regarding limited duration of use; and be it further

    Resolved, That the Nevada Legislature hereby supports efforts of the Steroid Warning Network to inform consumers of the problems related to the use of products containing steroid ingredients and to assist those already adversely affected; and be it further

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

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

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