Link to Page 3684

 

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ê2003 Statutes of Nevada, Page 3685ê

 

FILE NUMBER 45, ACR 16

Assembly Concurrent Resolution No. 16–Assemblymen Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 45

 

Assembly Concurrent RESOLUTION—Designating April 30, 2003, as “Vintage Car Day” at the Nevada Legislature.

 

      Whereas, Automobiles and the automobile industry have played a vital role in the growth of this great country; and

      Whereas, Automobile sales in the United States have grown over the years from $4,100 in 1900 to $3.7 million in 1925, $6.7 million in 1950, $9.3 million in 1965 to over $140 billion worth of motor vehicles and parts produced in the United States by companies employing over 6.6 million workers nationwide; and

      Whereas, The automobile industry has become one of the largest purchasers of many key American industrial products, such as steel; and

      Whereas, Since 1987, the automobile industry has grown by more than 47 percent, helping to drive the economy of the United States to new heights; and

      Whereas, Automobiles have shaped our everyday lives over the past 100 years more than any other invention by allowing consumers to commute long distances for family visits, tourism, entertainment, shopping and work; and

      Whereas, Automobiles have encouraged the development of a far-reaching system of highways and roads, which made possible the growth of suburbs and shopping centers around major cities; and

      Whereas, Many people all over the nation, including a large number in Nevada, maintain their classic automobiles as a pastime and do so with a great passion; and

      Whereas, The members of the Nevada Legislature recognize the effect the automobile has had on our country and support wholeheartedly all activities involved in the restoration and exhibition of these fine automobiles; and

      Whereas, Thousands of local clubs have been instrumental in preserving a historic part of this country’s heritage by encouraging the restoration and exhibition of these vintage works of art which easily evoke smiles and fond memories; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature hereby designate April 30, 2003, as “Vintage Car Day” at the Nevada Legislature in recognition of all that automobiles and the automobile industry have done to shape this country and state; and be it further


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ê2003 Statutes of Nevada, Page 3686 (File Number 45, ACR 16)ê

 

Nevada Legislature in recognition of all that automobiles and the automobile industry have done to shape this country and state; and be it further

      Resolved, That the members of the Legislature express appreciation to the Valley Cruisers Car Club for organizing a nostalgic display on the legislative grounds in commemoration of this event.

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FILE NUMBER 46, ACR 17

Assembly Concurrent Resolution No. 17–Assemblymen Chowning, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Carlton, Amodei, Care, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 46

 

Assembly Concurrent RESOLUTION—Recognizing April 15, 2003, as Equal Pay Day in Nevada.

 

      Whereas, When the Equal Pay Act, requiring employers to pay all employees equally for equal work, was signed in 1963, women who worked full-time, year-round made 59 cents, on average, for every dollar earned by men, and 40 years later women earn only 76 cents of that dollar as the wage gap closes at an even slower rate, resulting in a change of less than one-half penny per year; and

      Whereas, According to reports by the Bureau of the Census of the Department of Commerce, the effects of the wage gap on women of color is even greater, with black women earning only 69 cents for every dollar earned by white men, and Hispanic women earning only 56 cents of that dollar; and

      Whereas, “A New Look Through the Glass Ceiling: Where Are the Women?,” a report using data compiled by the General Accounting Office, states that, of the 10 industries surveyed which employ 71 percent of all employed women and 73 percent of all female managers, women who are full-time managers are paid less and advance less often than male managers and that the wage gap between female managers and their male counterparts widened between 1995 and 2000 in 7 of the 10 industries; and

      Whereas, Many women are the sole support of their families and wage discrimination has a huge impact on their children and the quality of their lives, and it is estimated that America’s working families lose $200 billion annually because of wage discrimination; and

      Whereas, Over a working lifetime, this wage disparity costs the average American woman and her family an estimated $250,000 in lost wages, impacting social security benefits and pensions; and

      Whereas, Title VII of the Civil Rights Act of 1964 prohibits wage discrimination on the basis of race, color, gender, religion or national origin, and yet long after the Supreme Court made it clear that Title VII prohibits wage discrimination even when the jobs are not identical, as long as the work is comparable, wage discrimination laws are poorly enforced and cases are extremely difficult to win; and


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ê2003 Statutes of Nevada, Page 3687 (File Number 46, ACR 17)ê

 

and yet long after the Supreme Court made it clear that Title VII prohibits wage discrimination even when the jobs are not identical, as long as the work is comparable, wage discrimination laws are poorly enforced and cases are extremely difficult to win; and

      Whereas, Wage discrimination for any reason is detrimental to our sense of justice and fairness and our belief in the American way; and

      Whereas, While many people claim that the wage gap is the result of differences in education, the Bureau of the Census reports that a white male with a master’s degree earns $67,818 per year and a black man with the same education earns only $51,336, with the lowest paid being a similarly educated black woman, who earns only $43,884; and

      Whereas, The National Committee on Pay Equity, founded in 1979, is a national coalition of over 80 organizations and thousands of men and women from all walks of life who are working to eliminate wage discrimination and to achieve pay equity that will benefit society as a whole when all workers have jobs that pay a fair and equitable wage, enabling them and their families to lead healthy, fulfilling and productive lives; and

      Whereas, While the costs are minimal to employers, only 3 to 4 percent of payroll costs, pay equity wage adjustments can make a substantial difference in the lives of the persons who are being discriminated against; and

      Whereas, Every year, Equal Pay Day is marked on a Tuesday in April because, on average, it takes women 7 workdays to earn the same amount that men earn in 5 workdays and 15 months to match the average man’s 12-month income; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That April 15, 2003, be recognized as Equal Pay Day; and be it further

      Resolved, That the public and private employers in Nevada are to be congratulated for lighting the way for other states to follow, with the employers in our State ranking among the highest in the nation in paying their employees equal pay for equal work; and be it further

      Resolved, That all employers in Nevada, whether public or private, are encouraged to compensate all employees fairly, based on an objective evaluation of their jobs, considering factors such as the skill, effort, responsibility and working conditions required for each job; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny Guinn, to each member of the Nevada Congressional Delegation and to Linda Chavez-Thompson, the Chair of the National Committee on Pay Equity.

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ê2003 Statutes of Nevada, Page 3688ê

 

FILE NUMBER 47, AR 5

Assembly Resolution No. 5–Assemblymen Perkins, Buckley, Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 47

 

Assembly RESOLUTION—Expressing appreciation to the staff of the Assembly and designating May 1, 2003, as Assembly Staff Appreciation Day.

 

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

      Whereas, The smooth and efficient operation of the Nevada Legislature is largely dependent upon the dedication and abilities of the members of its staff; and

      Whereas, Because the legislative session has been limited to 120 days, many extra demands have been placed on the staff by requiring them to learn and assimilate new skills at an accelerated rate and to process their work even more efficiently; and

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

      Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 72nd Session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding support staff of the Assembly, which includes Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Harle Glover, Jason Hataway, Terry Sullivan, Robin Bates, Heidi Hansen, Beverly Mobley, Andrea Touyarot, Lucas Watson, Jeanne Douglass, Nanita Moore, Kathryn Alden, Lona Domenici, Julie Whitacre, Linda Corbett, Barbara Houger, Nenita Wasserman, Valorie Belknap, Kathryn Oetting, JoAnn Kula, Jerlyn Figearo, Alan Mills, Cecilia G. Colling, Novella Kowallek, Meghan Jenkins, Eric Anderlohr, Reba Coombs, Nykki Kinsley, Cecile Crofoot, Marge Griffin, Joyce Hess, Sheila Sease, Jasmine Shackley, Jackie L. Valley, Connie Davis, Anne Bowen, Catherine Caldwell, Susan Cherpeski, Lila Clark, Linda Smith, Carol J. Thomsen, Cindy Clampitt, Patricia Hughey, Deborah Rengler, June Rigsby, Erin Channell, Kelly Fisher, Theresa Horgan, Victoria Thompson, JoAnn Aldrich, Patricia Blackburn, Sabina Bye, Nancy Elder, Corey Fox, Mary G. Garcia, Sharee Gebhardt, Nancy Haywood, Carrie Lee, Mary Bean, Toni Bouas, Marylou Burks, Jeanette Connolly, Celeste Gunther, Donna Hancock, Mary Kay Hines-Doherty, Millicent Jorgenson, Merla Keetch, Michelle Kennedy, Yhvona Martin, Carolyn J. Maynick, Toshiko McIntosh, Shawn Morgan, Linda Lee Nary, Ellen Nelson, Linda Paul, Helen Poupeney, Jerry Stacy, Janet Stokes, Claudette J. Thompson, Barbara Urbani, Loretta White, Anne Williams, Maxine Milabar, Stephanie Elliott, Betty Gardner, Bruce Pfeiffer, June Bennett, Kyle T. Wentz, Eddie Cordisco, Jr., Mary Carel, Ken Beaton, Norm Budden, Myron Carpenter, Brandi Colunga, James C.


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ê2003 Statutes of Nevada, Page 3689 (File Number 47, AR 5)ê

 

Carel, Ken Beaton, Norm Budden, Myron Carpenter, Brandi Colunga, James C. Corbett, John Davis, Jr., Joyce E. Ghiselli, Don Hataway, Juanita Heston, Stephen Honey, Laverne LaFleur, Lois LaHair, Ray Mager, Bob Maynick, Reid Meyer, Jesse N. Pickett, Elizabeth Tetz, Frank Tetz and W. Wayne Willson; and be it further

      Resolved, That May 1, 2003, is hereby designated as Assembly Staff Appreciation Day in recognition of the dedicated and excellent service the staff of the Assembly has provided to the members of the Assembly and to the residents of this state; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Assembly staff who is commended in this resolution.

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FILE NUMBER 48, SCR 33

Senate Concurrent Resolution No. 33–Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Sherer, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber and Williams

 

FILE NUMBER 48

 

Senate Concurrent RESOLUTION—Congratulating the Mineral County High School girls’ basketball team for winning the 2002 and 2003 state championships.

 

      Whereas, The victory at the Lawlor Events Center on February 28, 2003, seemed familiar as the Lady Serpents of Mineral County High School won the AA state basketball championship for the fourth consecutive year, pushing their unprecedented total to nine championship titles in the past 10 years; and

      Whereas, The team members for this year’s championship season, Sandhya Bhakta, Shasta Brown, Jamie Convis, Tana Gurulé, Jami Harris, Lindsay Hurley, Delicia Jernigan, Denise Koscinski, Jacquere Lipscomb, Sidney Orndorff and Jessica Vinson, are also academic state champions with a team grade point average of 3.85; and

      Whereas, The Lady Serpents championship team of 2002, consisting of Sandhya Bhakta, Ciera Cammarata, Jamie Convis, Crystal Gilbert, Tana Gurulé, Amanda Holland, Delicia Jernigan, Denise Koscinski and Sidney Orndorff, also had the distinction of remaining undefeated in their season of play which included wins against larger AAA and AAAA schools; and

      Whereas, The Mineral County High School girls’ basketball team was led to victory both seasons by Head Coach David Gelmstedt and Assistant Coaches Liane Filkowski and George Winters, with managers Mollie Bryant and Amanda Jackson for the 2002-2003 season and manager Jennica Trujillo for the 2001-2002 season; and


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ê2003 Statutes of Nevada, Page 3690 (File Number 48, SCR 33)ê

 

and Amanda Jackson for the 2002-2003 season and manager Jennica Trujillo for the 2001-2002 season; and

      Whereas, Over the past four seasons of play, the Lady Serpents have won 93 percent of their games with a record of 115 wins and only 9 losses, and their consistent excellence has earned the respect and admiration of fans and players from teams throughout the State; and

      Whereas, The decade of dominance in girls’ basketball in the State can be attributed to the hard work and dedication of the members of each succeeding team, and their determination to be the best continues to make them the pride of Mineral County; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby extend their congratulations to the Mineral County High School girls’ basketball team for winning the AA state championship in both 2002 and 2003; and be it further

      Resolved, That the academic and athletic achievements of the Lady Serpents will be a role model for all young girls who strive to be their best; and be it further

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

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FILE NUMBER 49, ACR 20

Assembly Concurrent Resolution No. 20–Assemblymen Brown, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Tiffany, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 49

 

Assembly Concurrent RESOLUTION—Memorializing former Assemblyman and longtime educator James Edward Smalley, Sr.

 

      Whereas, The members of the 72nd Session of the Nevada Legislature join the family and friends, and the residents of his beloved City of Henderson, in mourning the loss of James Edward Smalley, Sr. who died April 5, 2003; and

      Whereas, Born December 1, 1924, in Peebles, Ohio, James Smalley served as a sergeant in the Army Air Corps and flew 38 missions over Europe during World War II; and

      Whereas, After the war, James Smalley resumed his education and earned his bachelor’s and master’s degrees in United States history at Ohio State University; and


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ê2003 Statutes of Nevada, Page 3691 (File Number 49, ACR 20)ê

 

      Whereas, James Smalley, who began his teaching career in Nevada in 1949 at the old Fifth Street School in Las Vegas and who also taught briefly in North Las Vegas, spent most of his years as a teacher in Henderson, where he taught social studies at Burkholder Middle School until his retirement in 1982; and

      Whereas, Concerns about air and water pollution in the Las Vegas Valley and the increasing need for state funding for education convinced James Smalley to throw his hat into the political ring to pursue his desire to work toward the good of his chosen state; and

      Whereas, Elected to the Assembly in 1970 and again in 1972, James Smalley served on the Committee on Education, the Committee on Health and Welfare, the Committee on Taxation and the Committee on Environment and Public Resources; and

      Whereas, Assemblyman Smalley fought to maintain a clean work environment in the industrial businesses in the State, and the many bills he sponsored for the benefit of the residents of Nevada included legislation that would strengthen the state Office of Consumer Affairs; and

      Whereas, When talk of consolidation and annexations in Clark County arose in the mid-1970s, James Smalley stood against any action that would swallow up Henderson and vowed to do whatever was needed to maintain Henderson’s autonomy and identity; and

      Whereas, In 2002, James Smalley and his wife Rae, who were both very active in Henderson civic affairs, were named Distinguished Nevadans by the Board of Regents of the University of Nevada in recognition of their contributions to the State; and

      Whereas, James Smalley is survived by his wife Rae, son Ed Smalley, daughters Alicia Smalley and Esther Cothrun, and seven grandchildren; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 2003 Nevada Legislature extend their deepest sympathies to the family and friends of James Smalley and to the residents of Henderson who were the primary recipients of the dedication and service of this caring man with a quiet demeanor; and be it further

      Resolved, That the many people whose education was enhanced in the classrooms of James Smalley will remember and strive to live what he taught in his classes and by the example of his life; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Rae, his loving wife of 57 years.

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FILE NUMBER 50, SJR 1

Senate Joint Resolution No. 1–Committee on Natural Resources

 

FILE NUMBER 50

 

Senate Joint RESOLUTION—Urging the Secretary of the Interior to amend certain regulations concerning the allocation of water rights for watering livestock on public lands.

 

      Whereas, Approximately 87 percent of the land in Nevada is held by the Federal Government and approximately 68 percent of the land in Nevada is administered by the Bureau of Land Management of the Department of the Interior; and


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ê2003 Statutes of Nevada, Page 3692 (File Number 50, SJR 1)ê

 

is administered by the Bureau of Land Management of the Department of the Interior; and

      Whereas, Proper management and allocation of water resources on those lands are critical to the State of Nevada as those lands comprise a vast majority of the land in Nevada and as Nevada is one of the most arid states in the nation; and

      Whereas, The State of Nevada has traditionally allocated water rights on public lands managed or controlled by the Federal Government pursuant to a system that provides an option for a range user to hold water rights for watering livestock solely in his own name; and

      Whereas, In the mid-1990s, the Secretary of the Interior adopted regulations to be administered by the Bureau of Land Management which departed from that system by establishing a new approach to the allocation of water rights for watering livestock on public lands; and

      Whereas, This new approach is codified in the second sentence of 43 C.F.R. § 4120.3-9 and has the effect of significantly interfering with a range user holding such water rights solely in his own name even if the range user was fully responsible for the development of the water rights and putting the water at issue to beneficial use; and

      Whereas, Since the adoption of the federal regulation at issue, important water developments on the public lands in Nevada have been postponed while the State of Nevada and the Bureau of Land Management attempt to resolve issues concerning the allocation of water rights for watering livestock on public lands; and

      Whereas, If the sentence of 43 C.F.R. § 4120.3-9 which is at issue were deleted:

      1.  The State of Nevada could provide a range user the option of holding water rights for watering livestock on public lands in Nevada solely in his own name, without interference, as the State has done successfully for many years;

      2.  A range user who is fully and solely responsible for the development of water rights and putting those water rights to beneficial use would be authorized to hold such water rights in his own name; and

      3.  Important water developments on the public lands in the State of Nevada could be resumed; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 72nd Session of the Nevada Legislature hereby urge the Secretary of the Interior to amend the regulations set forth in 43 C.F.R. § 4120.3-9 by deleting the second sentence of that regulation in its entirety; 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 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.

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ê2003 Statutes of Nevada, Page 3693ê

 

FILE NUMBER 51, SJR 2

Senate Joint Resolution No. 2–Committee on Natural Resources

 

FILE NUMBER 51

 

Senate Joint RESOLUTION—Urging the Secretary of the Interior, the Secretary of Agriculture and Congress to take certain actions concerning expenditures of money for restoration of and water developments on the public lands in Nevada.

 

      Whereas, In recent years, wildfires have caused extensive damage to the public lands of this state by destroying thousands of acres of public lands used for economic, wildlife and recreational purposes, and have increased the threat of infestation of exotic annual grasses and noxious weeds which may, if not controlled, cause further degradation of the lands, deterioration of wildlife habitat, erosion, and diminished water quality; and

      Whereas, Responsible management and preservation of the public lands of this state require restoration of the public lands through various means, including, without limitation, reseeding, planting indigenous grasses and shrubs, combating exotic annual grasses and noxious weeds and reducing the encroachment or density of certain plants for purposes of fire suppression; and

      Whereas, Because of a lack of adequate water developments on the public lands of this state, wildlife and livestock on those public lands have been forced to concentrate near the limited number of water developments thus jeopardizing the ecological health of the public lands; and

      Whereas, Responsible management and preservation of the public lands of this state require increasing the number of water developments on the public lands of this state so that the wildlife and livestock on those public lands will be properly dispersed; and

      Whereas, Proper management and preservation of the public lands and waters of this state are critical as these lands support a wide variety of vital activities that are integral to the economic success and enjoyment of the natural resources of this state, including ranching, mining and recreation, and are a unique and important historical, cultural and environmental resource that must be maintained and preserved for the use and appreciation of current and future Nevadans; and

      Whereas, The continued economic success of this state, existence of wildlife diversity in this state and enjoyment derived from the natural resources of this state depend on the maintenance of healthy ecosystems within the public lands and waters of this state; and

      Whereas, The Southern Nevada Public Land Management Act of 1998, Pub. L. 105-263, 112 Stat. 2343, authorizes the Secretary of the Interior to expend a portion of the proceeds of the sale or exchange of certain public lands in Clark County for conservation initiatives on certain public lands in Clark County; and

      Whereas, It would greatly benefit and protect the ecosystems on the public lands in Clark County if the Secretary of the Interior expended the money authorized for such conservation initiatives to pay for restoration of and water developments on certain public lands in Clark County; and

      Whereas, The Federal Land Transaction Facilitation Act, 43 U.S.C. §§ 2301 et seq., which addresses the sale or exchange of public lands in areas other than certain public lands in Clark County, requires the Secretary of the Interior and the Secretary of Agriculture to use the proceeds of such sales or exchanges for certain purposes, but the Act does not specifically designate any money for restoration of and water developments on the public lands in the areas in which the sales or exchanges occurred; and


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ê2003 Statutes of Nevada, Page 3694 (File Number 51, SJR 2)ê

 

other than certain public lands in Clark County, requires the Secretary of the Interior and the Secretary of Agriculture to use the proceeds of such sales or exchanges for certain purposes, but the Act does not specifically designate any money for restoration of and water developments on the public lands in the areas in which the sales or exchanges occurred; and

      Whereas, It would greatly benefit and protect the ecosystems on the public lands in the areas of this state where public lands are sold or exchanged pursuant to the Federal Land Transaction Facilitation Act, 43 U.S.C. §§ 2301 et seq., if the Act authorized the Secretary of the Interior and the Secretary of Agriculture to expend a portion of the proceeds obtained from such sales or exchanges for restoration of and water developments on the public lands in those areas; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge the Secretary of the Interior to expend the money authorized pursuant to the Southern Nevada Public Land Management Act of 1998, Pub. L. 105-263, 112 Stat. 2343, for conservation initiatives on certain public lands in Clark County to pay for restoration of and water developments on such public lands in Clark County; and be it further

      Resolved, That the members of the Nevada Legislature hereby urge Congress to amend the Federal Land Transaction Facilitation Act, 43 U.S.C. §§ 2301 et seq., to authorize the Secretary of the Interior and the Secretary of Agriculture to expend money obtained pursuant to the Act to pay for restoration of and water developments on the public lands in the areas of Nevada where public lands are sold or exchanged pursuant to the Act; 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 United States Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Secretary of Agriculture, 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.

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ê2003 Statutes of Nevada, Page 3695ê

 

FILE NUMBER 52, SCR 34

Senate Concurrent Resolution No. 34–Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Carpenter, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 52

 

Senate Concurrent RESOLUTION—Commending Dorothy Gallagher for her service to her community, the University and Community College System of Nevada and the State of Nevada.

 

      Whereas, Dedication to and involvement in lifelong pursuits that unselfishly benefit society are traits which distinguish the careers of some above others and serve as an inspiration to all; and

      Whereas, Dorothy Sewell Gallagher has so distinguished herself in the eyes of family, friends, coworkers and Nevadans statewide; and

      Whereas, As a fourth-generation Nevadan, Dorothy Gallagher’s endeavors have centered around the best interests of students of higher education and, in her own words, around building “a system of higher education in Nevada that people can be proud of”; and

      Whereas, During her 22 years of outstanding service as a member of the Board of Regents of the University of Nevada, Dorothy represented 11 rural counties in Nevada and served as Chairman of more than a dozen committees of the Board and as Chairman of the Board from July 1989 through June 1991; and

      Whereas, Serving during a time of rapid growth of higher education in Nevada, Dorothy has played a major role in making decisions that have affected the colleges and universities within the University and Community College System of Nevada (UCCSN), and especially in developing the Great Basin College in her hometown, Elko, Nevada; and

      Whereas, Because of Dorothy’s efforts, the Great Basin College became the first college in Nevada, other than the universities in the UCCSN, to grant a baccalaureate degree, thus enabling the residents of Elko to earn certain baccalaureate degrees without having to travel hundreds of miles; and

      Whereas, Dorothy’s support was instrumental in the establishment of the Desert Research Institute, the Nevada State College in Henderson, Nevada, and the University of Nevada, Reno, Fire Science and Emergency Management Academy; and

      Whereas, Because of such achievements, Dorothy has been honored with the Sherman Hall of Fame Award, the Trustee Excellence Award of the Nevada Hospital Association and induction into the Hall of Fame of the Nevada Women’s Fund; and

      Whereas, Dorothy has been praised by those close to her as having personal traits of integrity, honesty, professionalism, firmness, common sense and the ability to work closely with others to achieve a common goal; and


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ê2003 Statutes of Nevada, Page 3696 (File Number 52, SCR 34)ê

 

sense and the ability to work closely with others to achieve a common goal; and

      Whereas, After her years of public service on the Board of Regents, Dorothy has retired from the Board, with its demanding schedule, to be able to spend more time with her husband, Tom, who is a retired dentist, but she will still serve her community as evidenced by her recent acceptance of the position of Director of Strategic and Community Initiatives at the Northeastern Nevada Regional Hospital in Elko; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature commend Dorothy Gallagher for her many years of service to her community, the University and Community College System of Nevada and the State of Nevada; and be it further

      Resolved, That the Legislature recognizes that because of Dorothy Gallagher’s work, the system of higher education in Nevada has made progress that will be a cornerstone for generations of the future; and be it further

      Resolved, That the Nevada Legislature wishes Dorothy further success in her new position with the Northeastern Nevada Regional Hospital; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Tom and Dorothy Gallagher and to their sons, Frank S. Gallagher, Thomas H. Gallagher and Michael H. Gallagher.

________

 

FILE NUMBER 53, AJR 3

Assembly Joint Resolution No. 3–Assemblymen Buckley, Giunchigliani, Parks, Goldwater, Conklin, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Chowning, Christensen, Claborn, Collins, Geddes, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 53

 

Assembly Joint RESOLUTION—Urging the Congress of the United States to amend the Social Security Act by repealing certain provisions that require reductions in the amount of social security benefits paid to persons who also receive certain federal, state or local government pensions.

 

      Whereas, In 1977, Congress amended the Social Security Act to provide that pensions earned in federal, state or local government employment not covered by social security be treated as if they were social security benefits, specifically requiring that if a person receives such a government pension, the social security benefits payable to that person as a spouse or surviving spouse be reduced by the amount of the government pension, which provision is commonly known as the Government Pension Offset; and

      Whereas, Congress further amended the Social Security Act in 1983, reducing the amount of the Government Pension Offset to an amount equal to two-thirds of the amount of the government pension, but simultaneously enacting what is commonly known as the Windfall Elimination Provision, which requires reductions in the primary social security benefit earned by a person in employment covered by social security if the person also receives a pension from a federal, state or local government not covered by social security; and


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ê2003 Statutes of Nevada, Page 3697 (File Number 53, AJR 3)ê

 

enacting what is commonly known as the Windfall Elimination Provision, which requires reductions in the primary social security benefit earned by a person in employment covered by social security if the person also receives a pension from a federal, state or local government not covered by social security; and

      Whereas, Government employees in 15 states, including Nevada, earn pension benefits that are not covered by social security; and

      Whereas, The reductions in benefits effected by these provisions can be significant, the Windfall Elimination Provision reducing the earned benefits of a person subject to it by up to 60 percent and the Government Pension Offset eliminating spousal benefits in their entirety for 9 out of every 10 retired government workers to whom it applies; and

      Whereas, The retirement security and economic well-being of over 300,000 government retirees is degraded by the Government Pension Offset, some of whose benefits are also subject to reduction pursuant to the Windfall Elimination Provision; and

      Whereas, Each provision has had unintentional consequences, the Windfall Elimination Provision causing a relatively larger reduction in benefits paid to workers with low incomes, while the Government Pension Offset applies disproportionately to women, often dropping their income in retirement below the poverty line, with the ironic effect of making them eligible for more costly welfare benefits, such as food stamps; and

      Whereas, Growing awareness of the inequities imposed by the Windfall Elimination Provision and the Government Pension Offset threatens efforts to attract and retain persons into public service in the affected states, particularly into teaching, a field which is notoriously underpaid, whose ranks are disproportionately filled with women and for which there is a critical shortage; and

      Whereas, There is pending before the 108th Session of Congress the Social Security Fairness Act of 2003, H.R. 594 and S. 349, which would repeal both the Government Pension Offset and the Windfall Elimination Provision; and

      Whereas, The repeal of these provisions would restore fairness and equity to the most vulnerable federal, state and local government retirees and eliminate disincentives for public service in the affected states; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge Congress to amend the Social Security Act by repealing the provisions, commonly known as the Government Pension Offset and the Windfall Elimination Provision, that require reductions in the amount of social security benefits paid to persons who also receive pensions earned in federal, state or local government employment not covered by social security; and be it further

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

      Resolved, That this resolution becomes effective upon passage.

________

 


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ê2003 Statutes of Nevada, Page 3698ê

 

FILE NUMBER 54, ACR 22

Assembly Concurrent Resolution No. 22–Committee on Transportation

 

FILE NUMBER 54

 

Assembly Concurrent RESOLUTION—Commending the Highway Watch program and the planned participation of the Nevada Motor Transport Association in this nationwide effort to improve the safety and security of America’s highways.

 

      Whereas, Trucking is a large and diverse industry with more than 3 million drivers who are a potential army of eyes and ears to monitor for security threats and highway dangers; and

      Whereas, There has been a sharp increase in traffic congestion, crime and road rage that make our nation’s highways more treacherous and make providing assistance to those in need more challenging than ever before in our history; and

      Whereas, There are more than 83,000 wireless calls from motorists to emergency centers each day, but many callers do not know their location, particularly at night or during the emotional strain of an emergency situation, and there are more than 41,000 traffic fatalities each year with approximately half of these deaths occurring before victims reach medical care facilities; and

      Whereas, Highway Watch, which began in Colorado in November 1998, strives to reduce the number of highway accidents, serious injuries and deaths through the identification of unsafe drivers, drunken driving, poor road or weather conditions, poor highway or construction zone signage, and motorists displaying road rage; and

      Whereas, Highway Watch is a volunteer effort of dedicated professional truck drivers who are committed to guarding the welfare of the motoring public and strengthening the security of the United States in these uncertain times; and

      Whereas, Through the Highway Watch program, an elite group of professional truck drivers are specially trained to use their wireless location and communication technology to report accidents, breakdowns, hazardous conditions and other highway dangers to an operator who takes the report from the driver and contacts the proper authorities as determined by each individual state; and

      Whereas, The American Trucking Associations, in partnership with the Federal Motor Carrier Safety Administration of the United States Department of Transportation, administers Highway Watch by providing grant money to participating states; and

      Whereas, The American Trucking Associations reports that Highway Watch is formed through a network of partnerships, including the trucking industry, law enforcement agencies, and state and federal departments of transportation; and

      Whereas, The state trucking associations are the heart of the Highway Watch program which is currently operating in Alabama, Arizona, Arkansas, Colorado, Florida, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Montana, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, Washington, West Virginia and Wisconsin; and


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ê2003 Statutes of Nevada, Page 3699 (File Number 54, ACR 22)ê

 

      Whereas, The Nevada Motor Transport Association is willing to operate the Highway Watch program within this state and establish the basic operational procedures of the program concerning, without limitation, driver qualification, training format, frequency of training sessions, and recruitment of drivers and safety directors; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the American Trucking Associations and the dedicated professional truck drivers participating in Highway Watch are hereby commended for their efforts to improve today’s travel environment and to increase the safety and security of the nation’s highways; and be it further

      Resolved, That the Nevada Motor Transport Association is hereby commended for its commitment to take on the responsibility of coordinating and administering the Highway Watch program in our state; and be it further

      Resolved, That, once it is implemented in Nevada, Highway Watch will make a significant contribution to highway safety and will aid the national effort to monitor potential security concerns; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Daryl E. Capurro, Managing Director of the Nevada Motor Transport Association.

________

 

EMERGENCY REQUEST of Speaker of the Assembly

 

FILE NUMBER 55, ACR 23

Assembly Concurrent Resolution No. 23–Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators O’Connell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 55

 

Assembly Concurrent RESOLUTION—Congratulating the City of Henderson upon the celebration of its 50th Anniversary.

 

      Whereas, The City of Henderson was “born in America’s defense” in an effort to supply the United States War Department with critical magnesium, the “miracle metal,” for ammunition and fighter planes to assist the Allies during World War II; and

      Whereas, In 1947, when vast quantities of magnesium were no longer needed, the United States War Asset Administration actually offered the area now known as Henderson for sale as war-surplus property; and

      Whereas, In an effort to save the area, the Nevada Legislature spent a weekend visiting Henderson to evaluate the possibility of the State’s administration of the Basic Magnesium Plant; and


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ê2003 Statutes of Nevada, Page 3700 (File Number 55, ACR 23)ê

 

      Whereas, Within days of the visit, the Legislators unanimously approved a bill giving the Colorado River Commission of Nevada the authority to purchase the industrial plant, and on March 27, 1947, Governor Vail Pittman signed the bill which ultimately saved the area from becoming war-surplus property; and

      Whereas, On April 16, 1953, District Judge A. S. Henderson signed the official incorporation papers creating the City of Henderson, named for United States Senator Charles Belknap Henderson; and

      Whereas, The City of Henderson originally included approximately 13 square miles with a population of 7,410, and today it encompasses nearly 94 square miles of incorporated land and has a population in excess of 210,000; and

      Whereas, From its humble beginnings, the City of Henderson today is the second largest city in Nevada and is nationally known for its premier parks, master-planned residential communities and high quality of life, and for the thousands of new residents who move there each year, the City of Henderson is truly “living the American Dream”; and

      Whereas, The City of Henderson boasts 7 public golf courses, an award-winning parks and recreation system with over 40 developed parks totaling more than 620 acres, senior and recreation centers, ball fields, tennis courts, trails and equestrian parks and 10 aquatic venues throughout the City; and

      Whereas, With nationally accredited Police and Fire Departments, Henderson has also been recognized as one of the “50 Safest Cities in the United States” by Money magazine, one of the 50 most “kid friendly” towns in America and was recently named as one of the best places to retire in America; and

      Whereas, Educational excellence abounds in the City with its 22 elementary schools, 7 junior high and middle schools, 5 high schools, its own newly created state college and a variety of other public and private institutions; and

      Whereas, An increasing number of upscale resorts and hotels have also discovered the warmth and charm of the City of Henderson, including the Hyatt at Lake Las Vegas, Sunset Station, the Fiesta, Green Valley Ranch Resort and the newly-opened Ritz Carlton, in addition to the already successful businesses within the City, including Ethel M Chocolates, Levi-Strauss, L’eggs, Ocean Spray and Good Humor-Breyers; and

      Whereas, What began as a small town in 1953, born of patriotism and pride, has truly blossomed into one of the premier cities in America; and

      Whereas, The City of Henderson is celebrating its 50th Anniversary throughout 2003 with patriotic events, parades, memorials and other activities commemorating its heritage, tremendous progress and continuing high quality of life for its residents; and

      Whereas, The City of Henderson, the largest full-service city in Southern Nevada, continues to be a shining example of efficiency and small town values that have helped build and shape this great state; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby congratulate the City of Henderson on its 50th Anniversary and commend the City for providing and maintaining an outstanding quality of life for its residents while earning the distinction of becoming the fastest growing city in America; and be it further


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ê2003 Statutes of Nevada, Page 3701 (File Number 55, ACR 23)ê

 

outstanding quality of life for its residents while earning the distinction of becoming the fastest growing city in America; and be it further

      Resolved, That the City of Henderson is hereby urged to continue its tremendous legacy of service to our nation, our state and its residents, and may it continue to grow and flourish as one of the bright stars of success 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 the Mayor of the City of Henderson, James B. Gibson, City Council Members Jack Clark, Amanda Cyphers, Andy Hafen and Steve Kirk and City Manager Phil Speight.

________

 

FILE NUMBER 56, ACR 24

Assembly Concurrent Resolution No. 24–Assemblymen Chowning, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Carlton, Amodei, Care, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 56

 

Assembly Concurrent RESOLUTION—Memorializing casino visionary and philanthropist William Bennett.

 

      Whereas, The members of the Nevada Legislature join the people of Nevada in mourning the loss of William Bennett, casino visionary and philanthropist, who passed away on December 22, 2002; and

      Whereas, William Bennett was born November 16, 1924, in Glendale, Arizona, and after serving as a Navy dive-bomber pilot during World War II, William Bennett returned home to Arizona and built a chain of furniture stores which he sold in 1962; and

      Whereas, Finding himself bankrupt when his investments were mismanaged by an investment company, William Bennett bounced back by using the opportunity to take his career in a different direction when he was hired by the Del Webb Corporation, an Arizona-based construction company that was expanding into casino operations, and took great pride in the fact that he eventually repaid all his creditors; and

      Whereas, Transferring to the Sahara Tahoe in 1965, William Bennett worked as a casino host at night and in various hotel departments by day, learning the casino trade, and was quickly promoted to manager of the Sahara Tahoe and later of the Mint, reversing that casino’s trend of losing $2 million annually to making $9 million a year; and

      Whereas, When William Bennett left Del Webb, he and long-standing business partner, Bill Pennington, formed a slot-machine leasing business and later leased the troubled Circus Circus in Las Vegas, exercising the option to buy in 1983; and


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ê2003 Statutes of Nevada, Page 3702 (File Number 56, ACR 24)ê

 

and later leased the troubled Circus Circus in Las Vegas, exercising the option to buy in 1983; and

      Whereas, In contrast to most of the glamorous, glitzy, high-rolling casinos in Las Vegas at that time, the new Circus Circus added another dimension to the city, making its target demographic the families of the Heartland of America, offering affordable rooms and meals and a family-friendly atmosphere with circus activities and arcades to entertain the children while keeping them out of the gaming area; and

      Whereas, In 1990, Circus Circus Enterprises, under William Bennett’s reign, opened the $300 million Excalibur, followed by the opening of the $375 million Luxor in 1993, and the purchase of the Sahara in 1995; and

      Whereas, William Bennett, who had a longtime love of auto racing, and Ralph Engelstad, owner of the Imperial Palace, developed the $200 million Las Vegas Motor Speedway, which brought in a new type of tourist, the race fan; and

      Whereas, While William Bennett’s marketing genius made him very successful, with Forbes magazine ranking him as one of America’s richest men, he avoided the public spotlight and preferred to donate to various charities without seeking recognition, founding the Bennett Foundation to contribute to the needs of his community; and

      Whereas, Much of William Bennett’s generosity was directed at employees of rival casinos, such as when he supplied 3 meals a day 7 days a week for 5 years to striking workers of the Frontier and when he made a generous donation to an association of employees of the Aladdin after the casino was closed because of a management dispute; and

      Whereas, William Bennett was instrumental in the building of the Temple Beth Sholom and, being an ardent animal rights activist, also gave his support to many animal rights groups; and

      Whereas, William Bennett had a special place in his heart for education, donating more than $10 million to the University of Nevada, Las Vegas, to build the Lynn Bennett Early Childhood Development Center and the William G. Bennett Professional Development Building which will train teachers to better educate at-risk students; and

      Whereas, William Bennett is survived by his wife Lynn, daughter Diana Bennett, son William A. Bennett of Las Vegas, stepdaughter Laura Lynn Lucia of Euless, Texas, four grandchildren and two great-grandchildren; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature offer their sincere condolences to the family and friends of William Bennett; and be it further

      Resolved, That the effect of William Bennett’s vision and generosity will be felt for generations to come; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lynn, the beloved wife of William Bennett.

________

 


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ê2003 Statutes of Nevada, Page 3703ê

 

FILE NUMBER 57, ACR 25

Assembly Concurrent Resolution No. 25–Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 57

 

Assembly Concurrent RESOLUTION—Designating the week beginning May 10, 2003, as “Tourism Week in Nevada.”

 

      Whereas, The 20th Annual National Tourism Week will be celebrated May 10 through May 18, 2003, to acknowledge the importance of travel and tourism as a major industry in the United States; and

      Whereas, Tourism is America’s third largest retail sales industry, with $584 billion annual expenditures, and is one of our nation’s largest employers, with one out of seven people employed directly or indirectly in that industry in our nation; and

      Whereas, Tourism is one of our country’s largest service exports, with $91.1 billion spent annually by international visitors; and

      Whereas, Tourism is vital to the growth and economic stability of our nation and our state and, since the tragic events of September 11, 2001, and the subsequent war on terrorism, travel has become even more important in promoting understanding of other cultures and the exchange of ideas with people of other nations; and

      Whereas, During 2002, approximately 47.9 million travelers enjoyed the varied pleasures Nevada has to offer, from glittering resorts to small town festivals, from our splendid scenic natural landscapes to our man-made wonders, causing an economic impact for this state of over $35 billion for the year; and

      Whereas, With approximately one-fifth of all employment in Nevada directly related to the travel and tourism industry, and two-thirds of all employment in Clark County directly or indirectly related to travel and tourism, those Nevadans who proudly serve the industry are widely known for their hospitality and friendliness; and

      Whereas, Nevada sets the standard for excellence and variety for travelers who want entertainment, night-life, fine dining, beautiful resorts, family-centered activities, gaming establishments and scenic beauty; and

      Whereas, With more than 175,000 hotel rooms in this state, Las Vegas leads the way with more rooms for travelers than any other city in this country and a reported 15,000 miles of neon tubing, together with more than 60 golf courses designed by golf’s greatest players and 18 of the top 20 hotels in this country; and

      Whereas, For those tourists seeking the more adventurous outdoor experience, our state offers such sports as heli-skiing, mountain biking, hiking, rock climbing, skiing, sandboarding and paragliding, all amidst the most beautiful scenery imaginable; and


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ê2003 Statutes of Nevada, Page 3704 (File Number 57, ACR 25)ê

 

hiking, rock climbing, skiing, sandboarding and paragliding, all amidst the most beautiful scenery imaginable; and

      Whereas, For those seeking a more tranquil experience, Nevada is home to some of the most breathtaking mountain ranges and lakes in the world, where fishing, boating and camping can renew one’s spirit; and

      Whereas, Throughout 2002, 5.8 million people attended conventions and trade shows in the Silver State, with a higher-than-average travel budget exceeding $1,000 per person; and

      Whereas, Traveling can bring a family closer together, opening up a whole new world of interesting things to do, people to meet and places to go, and can change a child’s life by sparking his imagination and curiosity about other cultures and how other people live; and

      Whereas, From exploring a historic ghost town to meandering through a world-class art museum, attending a cowboy poetry festival or a rodeo, playing a round of golf, watching an international singing star perform or just sitting under the stars staring at a magnificent landscape, a traveler can be taken away from his everyday life by expanding his horizons and experiencing things he might never have done if not venturing out of his own backyard; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature recognize that a healthy travel and tourism industry is essential to the economy of our state and nation; and be it further

      Resolved, That the members of the Legislature congratulate the hundreds of thousands of Nevadans who are employed in one aspect of the Nevada tourism industry or another and express gratitude for the level of excellence and dedication they contribute toward the success of Nevada’s reputation as one of the finest tourist destinations in this country; and be it further

      Resolved, That the residents of the State of Nevada are each hereby encouraged to recognize and celebrate National Tourism Week by making plans for travel that will refresh the body, intrigue the mind and renew the spirit; and be it further

      Resolved, That the week beginning May 10, 2003, is hereby designated as “Tourism Week in Nevada”; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bruce Bommarito, Executive Director of the Commission on Tourism for the State of Nevada.

________

 


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ê2003 Statutes of Nevada, Page 3705ê

 

FILE NUMBER 58, ACR 26

Assembly Concurrent Resolution No. 26–Assemblymen Giunchigliani, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 58

 

Assembly Concurrent RESOLUTION—Memorializing longtime Nevada attorney and University of Nevada Regent, Joseph M. Foley.

 

      Whereas, The members of the 72nd Session of the Nevada Legislature join the residents of Las Vegas and all of Nevada in mourning the death of Joseph M. Foley; and

      Whereas, Joseph Foley was born in Goldfield, Nevada, on January 31, 1924, the fourth son of Roger T. and Helen Drummond Foley, and moved with his family to California and then, at the age of 4 years, to Las Vegas where he attended Fifth Street Grammar School and graduated from Las Vegas High; and

      Whereas, During World War II, Joseph Foley served in the Army in North Africa and, upon his return, entered the University of Nevada in Reno in 1946 where he met Betty Bradshaw during his first day on campus; and

      Whereas, Joseph and Betty were married in 1950 and raised a family of six children in the Foley tradition of service to the community, true to the family motto, “That I may be of service”; and

      Whereas, After graduation from the University of Nevada, Joseph Foley earned his law degree from the University of San Francisco Law School, was admitted to the State Bar of Nevada in 1951 and practiced law with his brothers for a time in what would be recognized in the late 1950s as the largest law firm in the United States that was comprised entirely of brothers; and

      Whereas, Joseph Foley served for more than 15 years as a member and chairman of the Administrative Committee of the Nevada State Bar for the Southern Region which handled complaints against lawyers and investigated applicants for admission to the bar; and

      Whereas, The law practice of Joseph Foley included a list of impressive clients, the most noted of whom was Howard Hughes who was represented by Foley in mining, gaming and real estate matters, and, after the death of Hughes in 1974, Foley was counsel for the Hughes’ estate in will contests that gained national attention; and

      Whereas, Elected to the Board of Regents for the University of Nevada System in 1984 on the promise that he would work to change the image of the University of Nevada, Las Vegas, from a basketball school to a respected center of higher learning, Joseph Foley’s 12 years of service on the Board focused on bringing education to at-risk populations of the State and, in an effort to aid rehabilitation and reduce recidivism, to prison populations; and


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ê2003 Statutes of Nevada, Page 3706 (File Number 58, ACR 26)ê

 

focused on bringing education to at-risk populations of the State and, in an effort to aid rehabilitation and reduce recidivism, to prison populations; and

      Whereas, The relentless efforts of Joseph Foley to increase the effectiveness of university programs and his belief in the value of higher education were acknowledged in 1997 with his receipt of the UNLV President’s Medal; and

      Whereas, Joseph Foley, known for his very big heart, also gave to his community with involvement in various charitable organizations, such as March of Dimes, United Way and Catholic Welfare of Nevada, and as a top-ranking officer for organizations such as the Benevolent and Protective Order of Elks and the Knights of Columbus; and

      Whereas, Joseph Foley is survived by his wife, Betty, daughters, Helen Foley, Jeanne Clarke, Kathleen Meyer and Shannon Lyman, sons, Daniel and Patrick and 16 grandchildren; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature offer their sincere condolences to the family and friends of Joseph M. Foley and extend their gratitude for the many years of public service of Joseph Foley and the entire Foley family; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Betty Foley, Joseph’s loving wife for 52 years.

________

 

FILE NUMBER 59, SCR 11

Senate Concurrent Resolution No. 11–Committee on Human Resources and Facilities

 

FILE NUMBER 59

 

SENATE Concurrent RESOLUTION—Urging the Department of Human Resources to establish a statewide informational and referral system for health, welfare, human and social services.

 

      Whereas, The State of Nevada recognizes the importance of efficient and reliable access to information and referrals concerning programs for health, welfare, human and social services for residents of the State of Nevada, including, without limitation, services for senior citizens, persons with mental or physical disabilities, indigent persons, homeless persons, persons who are functionally illiterate, victims of crime and children; and

      Whereas, The residents of the State of Nevada will benefit from a centralized, comprehensive and statewide connection to information about and referrals to programs for health, welfare, human and social services in this state that integrates valuable existing information and referral systems; and

      Whereas, The Federal Communications Commission has designated 2-1-1 as the abbreviated dialing code for access to community informational and referral services for the entire country; and

      Whereas, The 2-1-1 dialing code makes it possible for persons in need of health, welfare, human and social services to access information about and referrals to useful programs for their particular needs from one centralized location; and

      Whereas, One of the major barriers to health, welfare, human and social services is a lack of knowledge about the availability of the services and how to find the services, and dialing 2-1-1 is an easy, accessible option for persons in need of those services; and


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ê2003 Statutes of Nevada, Page 3707 (File Number 59, SCR 11)ê

 

and how to find the services, and dialing 2-1-1 is an easy, accessible option for persons in need of those services; and

      Whereas, Other states and large cities have very successfully implemented an informational and referral system using the 2-1-1 dialing code to meet the informational and referral needs of persons in those states and cities; and

      Whereas, The establishment and maintenance of a statewide informational and referral system to provide information and referrals to persons in this state concerning health, welfare, human and social services, including, without limitation, the provision of access to the system by dialing 2-1-1, is an efficient and effective way to ensure that the residents of this state receive needed services; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby urge the Department of Human Resources to establish and maintain a statewide informational and referral system for health, welfare, human and social services; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Department of Human Resources.

________

 

FILE NUMBER 60, SCR 35

Senate Concurrent Resolution No. 35–Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Giunchigliani, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 60

 

Senate Concurrent RESOLUTION—Honoring former President Jimmy Carter for receiving the Nobel Peace Prize for 2002.

 

      Whereas, James Earl Carter, Jr., the 39th President of the United States, was born on October 1, 1924, in the small farming town of Plains, Georgia, the first President to be born in a hospital, and spent his boyhood days in the nearby community of Archery, Georgia; and

      Whereas, He attended the Plains public schools, Georgia Southwestern College and the Georgia Institute of Technology, received a bachelor of science degree from the United States Naval Academy and did graduate work in reactor technology and nuclear physics at Union College in Schenectady, New York; and

      Whereas, During his career in the Navy, Jimmy Carter served as a submariner in both the Atlantic and Pacific Fleets, attained the rank of lieutenant and was chosen by Admiral Hyman Rickover for the nuclear submarine program; and


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ê2003 Statutes of Nevada, Page 3708 (File Number 60, SCR 35)ê

 

      Whereas, On July 7, 1946, Rosalynn Smith became Jimmy Carter’s bride, and 7 years later when his father died, Jimmy and Rosalynn moved to Plains to carry on the work on the farms belonging to the Carter family and to operate a seed and farm supply company; and

      Whereas, Jimmy Carter served the community of Plains in various local organizations before becoming involved in state politics in 1962, when he was elected to the Senate of Georgia, and after losing one gubernatorial race, he became the 76th Governor of Georgia in 1971, a position in which he manifested skills in mediation through his intervention to prevent violence and find peaceful solutions to heated racial conflicts; and

      Whereas, On December 12, 1974, Jimmy Carter threw his hat into the ring for nomination to the Office of President of the United States, a nomination that he won on the first ballot, and was elected to that Office on November 2, 1976; and

      Whereas, During his years as President, Jimmy Carter’s contributions in foreign policy were outstanding accomplishments that endure today, the Panama Canal Treaties, the Camp David Accords, the treaty of peace between Egypt and Israel, the SALT II Treaty and the initiation of diplomatic relations with the People’s Republic of China; and

      Whereas, The establishment of the Department of Energy and the Department of Education and the signing of the Civil Service Reform Act of 1978 and Alaska National Interest Lands Conservation Act of 1980 distinguished President Carter’s domestic policy; and

      Whereas, After stepping down from the responsibility of making the decisions that shaped the policies of the Nation, Jimmy Carter delved into pursuits that have contributed several lifetimes’ worth of positive deeds to his community, this nation and the international community by serving as University Distinguished Professor at Emory University in Atlanta, Georgia, teaching Sunday School and serving as a deacon in his local church, volunteering along with Rosalynn for Habitat for Humanity, authoring 16 books and founding the world renowned Carter Center; and

      Whereas, The Carter Center, whose goals are to “resolve conflict, promote democracy, protect human rights, and prevent disease and other afflictions” celebrated its 20th anniversary in 2002 and has truly exemplified the tremendous amount of incredible action that can result from genuine commitment to noble goals; and

      Whereas, To honor Jimmy Carter “for his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development,” the Norwegian Nobel Committee, on December 10, 2002, awarded Jimmy Carter the esteemed Nobel Peace Prize; and

      Whereas, Although the coveted medal, diploma and monetary prize awarded by the Committee are material manifestations of the world’s gratitude to this humble man, they pale when compared to the love and admiration in the hearts of the myriads for whom James Earl Carter, Jr., has made this world a better place and served as a role model for true public service; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature hereby honor our former President with this resolution for his receipt of the Nobel Peace Prize; and be it further


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ê2003 Statutes of Nevada, Page 3709 (File Number 60, SCR 35)ê

 

      Resolved, That the Legislators of the State of Nevada express their admiration and gratitude to Jimmy Carter for his lifetime of dedication to promoting peace, democracy and human rights throughout the world; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jimmy and Rosalynn Carter.

________

 

FILE NUMBER 61, SCR 12

Senate Concurrent Resolution No. 12–Senators Wiener, Cegavske, Mathews, Titus, Rawson, Care, Neal, Nolan and Washington

 

FILE NUMBER 61

 

Senate Concurrent RESOLUTION—Encouraging school administrators, teachers and other educational personnel involved in prekindergarten through 12th grade to promote nutrition and physical fitness in schools.

 

      Whereas, Between 1986 and 1998, obesity among children in the United States doubled, and results of a survey completed in the year 2000 by the National Center for Health Statistics of the Centers for Disease Control and Prevention revealed that 15 percent of children between the ages of 6 and 11 years are overweight; and

      Whereas, In 1990, not one state had a rate of obesity in adolescents as high as 15 percent, but today in more than one half of the states, the rate of obesity in adolescents is 15 percent to 19 percent; and

      Whereas, Obesity in children and adolescents is directly related to an increased risk of developing heart disease, hypertension, excess fat or lipids in the blood, musculoskeletal disorders, breathing problems and asthma, early sexual maturation and type 2 diabetes, which was previously quite rare in children; and

      Whereas, Obesity in children and adolescents is also linked with emotional distress and psychosocial issues such as discrimination, low self-esteem, poor body image, depression, anxiety and obsessive compulsive disorder, and researchers have found that obese adolescents are more likely to engage in risky behaviors such as smoking and drinking alcohol; and

      Whereas, Statistics indicate that obese children and adolescents tend to remain obese during adulthood; and

      Whereas, These dramatic statistics, devastating trends and problems relating to obesity are the consequence of two principal factors, lack of physical activity and poor nutrition; and

      Whereas, Changes in our society and lifestyle have resulted in limiting physical activity in children and adolescents, for example, fewer children and adolescents walking or bicycling to school or other activities because of increased safety concerns or busy schedules, an upsurge in sedentary recreation such as television, videotapes and DVDs, video games, computers and other electronic media, and lack of money for parks and recreational facilities in communities; and

      Whereas, Another cause of lack of physical activity is that many schools are experiencing reductions of time allocated to mandatory physical education classes and time dedicated to recess and organized physical activities; and


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ê2003 Statutes of Nevada, Page 3710 (File Number 61, SCR 12)ê

 

      Whereas, This lack of physical activity in earlier years causes less alertness and decreased productivity in the classroom, can inhibit healthy social and emotional development, and increases the likelihood of continued lack of physical activity as an adult; and

      Whereas, Studies have shown that appropriate levels of physical activity are advantageous in that they improve muscular strength and endurance, flexibility and cardiovascular endurance, reduce anxiety and stress, and can play a role in increasing feelings of self-esteem, self-worth and self-efficacy; and

      Whereas, Research also indicates that pupils who participate in interscholastic sports are less likely to abuse tobacco and controlled substances; and

      Whereas, Modern conveniences, such as fast food, the microwave and the easy availability of “junk foods,” and the fast pace of everyday life have fostered higher caloric, less nutritional food intake and given incentive to practices such as skipping breakfast, a practice engaged in by 25 percent of high school pupils and 7 percent to 12 percent of all children between 6 and 18 years of age; and

      Whereas, Although schools serve nutritional breakfasts and lunches and provide programs that teach proper nutrition, food that has minimal nutritional value is also made accessible because of open-campus policies, vending machines, school stores and snack bars, thus sending a message that good nutrition is merely an academic exercise; and

      Whereas, One especially harmful practice in some schools is the high consumption of sodas, which can lead to obesity and cavities and put children and adolescents at higher risk of bone fractures and osteoporosis when substituted for drinks containing calcium; and

      Whereas, Poor nutrition negatively affects the behavioral and cognitive development of young children and is associated with increased educational failure because of an adverse effect on the ability to learn as well as on motivation and attentiveness; and

      Whereas, Proper nutrition plays a very important role in learning because it significantly affects cognitive development, influences the ability to learn, and increases motivation and attentiveness; and

      Whereas, Many pupils will make wise choices when offered nutritious food at school, as was shown by a Minnesota study in which prices were lowered and variety was added to salad bars with the result that three times as many fruits and vegetables were sold; and

      Whereas, The habits relating to nutrition and physical activity that children develop during their formative years become lifelong habits; and

      Whereas, Education is a guiding force that shapes the future of the youth of this nation, and because children and adolescents spend a significant amount of time at school, that environment constitutes one of the most effective means that the general public possesses to confront the problems of lack of physical activity and poor nutrition; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That school administrators, teachers and other educational personnel who nurture pupils in prekindergarten through 12th grade are hereby encouraged to make every possible effort to promote proper nutrition and physical fitness in the school environment and to foster good decision-making skills and serve as role models in both areas; and be it further


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ê2003 Statutes of Nevada, Page 3711 (File Number 61, SCR 12)ê

 

      Resolved, That to promote health in school-aged children, school districts implement ideas from and build upon existing models for physical fitness and nutrition, such as the “VERB Campaign” of the Centers for Disease Control and Prevention, the “10,000 Steps to Better Health” program from Colorado, the Action Planning Guide created by the Healthy Schools Summit, the “Shaping Health as Partners in Education” (SHAPE) program developed in California and the guidelines of the President’s Council on Physical Fitness and Sports; and be it further

      Resolved, That schools develop positive policies to ensure proper nutrition and appropriate levels of physical activity during the school day and that pupils be encouraged to set goals for themselves toward healthy eating and increased physical activity; and be it further

      Resolved, That since physical activity is one of the nation’s top 10 leading indicators of health, persons involved in education make efforts to increase the amount of physical activity of all pupils by expanding quality programs of physical education during each school day, promoting health education and enhancing after-school programs for youth sports and recreation; and be it further

      Resolved, That schools incorporate education relating to nutrition into the core curriculum, making proper nutrition a part of the classroom and the cafeteria; and be it further

      Resolved, That schools develop high standards for all food and drinks that are competitive with meals provided by the schools, carefully evaluate the hours during which such foods are sold, and consider improving the quality of foods that are available for purchase in vending machines, school stores and snack bars by replacing the foods of minimal nutritional value and providing foods from the five major food groups; and be it further

      Resolved, That all educational personnel consider programs and strategies to involve families and communities in encouraging pupils to achieve good nutrition and physical fitness so that years from now our society will not have to look back in retrospect and lament what we should have done to correct these problems; and be it further

      Resolved, That the Secretary of the Senate prepare copies of this resolution for transmission by the Legislature to each school superintendent in Nevada, the principal of each school in Nevada, each school nurse in Nevada, the director or manager of food or nutritional services in each school district, supervisors of before- and after-school programs, the recreational director of each county and city that has a recreational department, the Nevada Parent Teacher Association (PTA), the Nevada Association for Health, Physical Education, Recreation, and Dance, and Boys and Girls Clubs of America throughout Nevada.

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ê2003 Statutes of Nevada, Page 3712ê

 

FILE NUMBER 62, SCR 15

Senate Concurrent Resolution No. 15–Senators Wiener, Rawson, Cegavske, Neal, Mathews, Nolan and Washington

 

FILE NUMBER 62

 

Senate Concurrent RESOLUTION—Encouraging the Department of Human Resources to study the problem of alcohol and drug abuse by teenagers and young adults while driving motor vehicles.

 

      Whereas, For many years the Nevada Legislature has identified underage drinking and drug use as a critical public health problem and is dedicated to mobilizing and coordinating efforts and action to prevent it; and

      Whereas, Research indicates that the earlier children begin drinking, the more likely they are to have alcohol-related dependency problems, including for example, those children who drink before the age of 15 years are four times more likely to develop alcohol dependence than those who begin drinking at the age of 21 years; and

      Whereas, The Nevada Legislature realizes that the entire community, including the Department of Human Resources, other state and local agencies, parents, teachers and other school staff and community groups must present a clear, consistent “NO USE” message to those under the age of 21 years; and

      Whereas, Teenagers and young adults with ready access to a motor vehicle have become increasingly mobile, thereby adding a new fluid dynamic to the manner in which they use alcohol and illegal drugs; and

      Whereas, When responding to the Youth Risk Behavior Survey conducted in 2001 under the auspices of the Centers for Disease Control and Prevention, 30 percent of Nevada’s high school students reported that they had ridden with a drinking driver during the past month and 17.5 percent reported that they rarely or never used safety belts; and

      Whereas, In 2000, a total of 2,339 teenagers, from 15 to 20 years of age, were killed in alcohol-related traffic accidents in the United States and that figure rose to 2,453 teen fatalities in 2001; and

      Whereas, Of the 1,586 juvenile arrests for liquor violations reported by Nevada’s local law enforcement agencies, 73 involved driving under the influence of alcohol; and

      Whereas, Research continues to show that young drivers are more often involved in alcohol-related accidents than any other age group, with the peak for fatal crashes occurring at 21 years of age; and

      Whereas, In 2000, the ages with the next highest number of fatalities in alcohol-related accidents were 19, 22, 20 and 23, respectively; and

      Whereas, The highest prevalence of both binge and heavy drinking in 2000 was among young adults, 18 to 25 years of age, with the peak rate occurring at 21 years of age; and

      Whereas, In 2001, the National Transportation Safety Board reported that, at 53 percent, young adults from 21 to 24 years of age have the highest percentage of alcohol-related driver deaths of any age group in this country; and

      Whereas, The 2001 report of the National Center on Substance Abuse and Addiction (CASA), in New York City, entitled “Shoveling Up: Impact of Substance Abuse on State Budgets,” states that only 1 percent of the $473 million total that Nevada spends annually on substance abuse programs is used for prevention and treatment, while the remaining 99 percent is used for cleaning up the wreckage caused by substance abuse and addiction; now, therefore, be it


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ê2003 Statutes of Nevada, Page 3713 (File Number 62, SCR 15)ê

 

used for prevention and treatment, while the remaining 99 percent is used for cleaning up the wreckage caused by substance abuse and addiction; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby encourages the Department of Human Resources in cooperation with the Department of Transportation, the Department of Public Safety and the Department of Education to study the problem of alcohol and drug use by those under the age of 21 years and alcohol and drug abuse by those young adults who are between 21 and 25 years of age, while driving a motor vehicle. The study should include, without limitation:

      1.  A compilation of any available statistics relating to this problem;

      2.  A determination of the causes of this behavior;

      3.  An assessment of the effectiveness of available public and private programs and existing policies for the prevention of this behavior;

      4.  An evaluation of the techniques, programs, and practices that are most successful in preventing this behavior;

      5.  Identification of the gaps in services and public knowledge relating to the causes, prevalence, and incidence of this behavior; and

      6.  An appraisal of the adequacy of current interagency collaboration, including, without limitation, data sharing, program development, and cross-training, in meeting the challenges of this problem; and be it further

      Resolved, That the Department of Human Resources is encouraged to request assistance in obtaining information for this study from substance abuse counselors, judges who hear cases concerning alcohol and drug abuse by teenagers and young adults, insurance companies and motor clubs, KIDS COUNT, and other groups that work to prevent drinking and driving such as Students Against Destructive Decisions (SADD), STOP DUI, Mothers Against Drunk Driving (MADD) and the Northern Nevada DUI Task Force; and be it further

      Resolved, That the Department of Human Resources is authorized to accept any gifts, grants and donations to carry out this study; and be it further

      Resolved, That, if such a study is conducted, the Department of Human Resources report to the 73rd Session of the Nevada Legislature with a recommended plan of action for modifying existing policies and programs that would more comprehensively work to prevent drinking and drug use by those under the age of 21 years by incorporating new research and science-based programs and new technology that do not send mixed messages or condone underage drinking, and which include methods of addressing alcohol and drug abuse by young adults between 21 and 25 years of age in motor vehicles into the scope of this state’s strategies for the prevention of alcohol and drug abuse; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Department of Education for dissemination to counselors at junior high and middle schools, high schools and charter schools, to the Board of Regents for dissemination to counselors at the institutions within the University and Community College System of Nevada, to the Nevada Parent-Teacher Association for dissemination to the local chapters if the Association in public and private elementary and secondary schools, including charter schools, to the Nevada Interscholastic Activities Association for dissemination to athletic coaches in this state, to the Retail Association of Nevada for dissemination to businesses that sell alcohol to persons over-the-counter, and to entities that provide training to bartenders and others persons who sell or deliver alcohol by the drink, such as the Bartenders Union Local 165 and TAM/Nevada, Techniques of Alcohol Management.


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ê2003 Statutes of Nevada, Page 3714 (File Number 62, SCR 15)ê

 

alcohol to persons over-the-counter, and to entities that provide training to bartenders and others persons who sell or deliver alcohol by the drink, such as the Bartenders Union Local 165 and TAM/Nevada, Techniques of Alcohol Management.

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FILE NUMBER 63, SCR 7

Senate Concurrent Resolution No. 7–Committee on Natural Resources

 

FILE NUMBER 63

 

SENATE Concurrent RESOLUTION—Directing the Legislative Committee on Public Lands to continue the study of wilderness areas and wilderness study areas in this state.

 

      Whereas, The provisions of 16 U.S.C. §§ 1131 et seq., commonly referred to as the Wilderness Act, establish the National Wilderness Preservation System, which consists of areas of federal public land that are designated by Congress as wilderness areas; and

      Whereas, Congress has designated approximately 2 million acres of certain federal public lands in Nevada as wilderness areas; and

      Whereas, If an area of federal public land is designated as a wilderness area, it must be managed in a manner that preserves the wilderness character of the area and ensures that the area remains unimpaired for future use and enjoyment as a wilderness area; and

      Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and

      Whereas, In conjunction with the provisions of the Wilderness Act, the Bureau of Land Management of the Department of the Interior manages approximately 3.86 million acres of federal public lands in Nevada identified as wilderness study areas; and

      Whereas, Until a wilderness study area is designated by Congress as a wilderness area or released, the wilderness study area must be managed in a manner that does not impair its suitability for preservation as a wilderness area; and

      Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is managed by the Bureau of Land Management has been identified as wilderness study areas and because such designation or identification is believed to impose significant restrictions concerning the management and use of such land, including land used for mining, ranching and recreation, the Legislative Commission appointed a subcommittee in 2001 to conduct an interim study of wilderness areas and wilderness study areas in this state; and

      Whereas, During the 2001-2002 legislative interim, the subcommittee met several times throughout this state and facilitated important and wide-ranging discussions among many agencies, organizations and persons with diverse interests, perspectives and expertise concerning wilderness areas and wilderness study areas; and


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ê2003 Statutes of Nevada, Page 3715 (File Number 63, SCR 7)ê

 

      Whereas, Although the subcommittee obtained valuable information concerning the selection, management and use of wilderness areas and wilderness study areas in this state, and although Congress recently enacted the Clark County Conservation of Public Land and Natural Resources Act of 2002, Public Law 107-282 (2002), which released approximately 224,000 acres in Clark County from its current status as a wilderness study area, additional study of these issues is still needed as a significant majority of the federal public land in Nevada that had been previously designated as a wilderness area or identified as a wilderness study area remains designated or identified as such; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Committee on Public Lands is hereby directed to continue the study of wilderness areas and wilderness study areas in this state, and that the Legislative Commission is hereby directed to appoint two additional members of the Senate and two additional members of the Assembly who are representative of various geographical areas of this state to the Legislative Committee on Public Lands for the purposes of this study; and be it further

      Resolved, That the study must include, without limitation:

      1.  An examination of the manner in which wilderness areas and wilderness study areas are selected, managed and used, and the laws, regulations and policies of the Federal Government relating to that selection, management and use;

      2.  Consideration of whether areas of this state are suitable for possible designation by Congress as wilderness areas; and

      3.  A review of any other issues or subjects concerning the establishment, management or use of a wilderness area or wilderness study area in this state, as deemed necessary by the subcommittee; and be it further

      Resolved, That in conducting the study, the Legislative Committee on Public Lands shall seek input from various governmental agencies, organizations and persons concerning wilderness areas and wilderness study areas in this state; and be it further

      Resolved, That any recommendations that result from the study relating to the manner in which Congress designates wilderness areas or identifies wilderness study areas must be submitted to each member of the Nevada Congressional Delegation; and be it further

      Resolved, That the Legislative Committee on Public Lands shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

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FILE NUMBER 64, SCR 10

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

 

FILE NUMBER 64

 

SENATE Concurrent RESOLUTION—Urging the Governor and agencies of the State Executive Branch to take certain actions concerning persons with disabilities.

 

      Whereas, The State of Nevada ranks first among all the states in the increase in the number of persons with disabilities over the past decade with the number of persons with disabilities in Nevada having increased by 157 percent over the past 10 years; and


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ê2003 Statutes of Nevada, Page 3716 (File Number 64, SCR 10)ê

 

the number of persons with disabilities in Nevada having increased by 157 percent over the past 10 years; and

      Whereas, There are more than 375,000 persons with disabilities living in this state, at least 50,000 of whom are children or young adults; and

      Whereas, The United States Supreme Court, in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999), concluded that the unnecessary segregation and institutionalization of persons with disabilities constitutes discrimination based on disability in violation of the Americans with Disabilities Act; and

      Whereas, During the 2001 Legislative Session, the Legislature appropriated $150,000 to the Department of Human Resources for the development of a long-term strategic plan to ensure the availability and accessibility of services for persons with disabilities, support the ability of persons with disabilities to lead independent and active lives within their communities, continue the efforts of this state to provide appropriate community-based services for persons with disabilities and ensure that persons with disabilities receive the services they are legally entitled to receive; and

      Whereas, The Department of Human Resources established a Task Force on Disability and various subcommittees to develop the long-term strategic plan with the goal of ensuring that services are available throughout Nevada for every disabling condition in the most integrated setting appropriate to include equally residents with disabilities of all ages and incomes into the mainstream of Nevada society; and

      Whereas, The assiduous work of the Task Force and its unyielding dedication to persons with disabilities resulted in a comprehensive strategic plan for persons with disabilities which will be invaluable for the State of Nevada as it plans for the provision of a seamless continuum of services to persons with disabilities in this state for the next decade with the objective of enabling persons with disabilities to achieve maximum mainstream personal and economic independence; and

      Whereas, Because of the critical importance of providing comprehensive services to persons with disabilities in Nevada and ensuring that such persons are not discriminated against in this state in any manner, and the firm commitment of the Legislature to ensuring that persons with disabilities are afforded every opportunity to receive services in the community if appropriate and to participate in decisions which will affect them, the Legislative Commission appointed a subcommittee in 2001 to conduct an interim study of state programs for providing services to persons with disabilities; and

      Whereas, The subcommittee, working closely with and supporting the work of the Task Force on Disability, received a great deal of valuable input from various advocates, agencies, organizations and persons with diverse interests, perspectives and expertise concerning the provision of services to persons with disabilities in an effective and comprehensive manner; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature urge the Governor and the agencies of the State Executive Branch to:

      1.  Use the comprehensive long-term strategic plan for persons with disabilities prepared by the Task Force on Disability as the plan to ensure that the State of Nevada complies with the Americans with Disabilities Act (ADA), including, without limitation, the proscription of discrimination by segregation set forth by the United States Supreme Court in Olmstead v.


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ê2003 Statutes of Nevada, Page 3717 (File Number 64, SCR 10)ê

 

segregation set forth by the United States Supreme Court in Olmstead v. L.C. ex rel. Zimring, as the strategic plan was recognized as an effective “Olmstead Plan” by the subcommittee, while recognizing that the implementation of the strategic plan needs to be monitored and that the strategic plan may need to be reviewed and revised as necessary to comply with the ADA and to ensure that services are truly available to persons with disabilities;

      2.  Identify and transfer persons with disabilities who are in institutional care who can be served in the community to the community if the persons do not oppose such transfer, and support the transition of such persons into the community by providing appropriate discharge planning, transitional supports and targeted services coordination;

      3.  Identify persons with disabilities who reside in the community but who are at risk of being improperly institutionalized, and take actions and provide services to ensure that such persons are not improperly institutionalized;

      4.  Consider persons with disabilities and services in a more holistic manner when planning budgets and making decisions concerning programs which provide services for persons with disabilities so that decisions made concerning one population or service do not occur in isolation of decisions made concerning other populations or services, while ensuring that no reduction in services for any population of disabled persons occurs; and

      5.  Consider the needs of persons with severe disabilities and their families whose incomes prevent them from qualifying for Medicaid, but who are unable to afford the services that they need to avoid impoverishment, disruptions in their families, exacerbation of their disabilities and institutionalization, including, without limitation, personal assistance, respite services, health care services, environmental modifications and medications; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor for distribution to the appropriate state agencies.

________

 

FILE NUMBER 65, SCR 19

Senate Concurrent Resolution No. 19–Senator Washington

 

FILE NUMBER 65

 

Senate Concurrent RESOLUTION—Urging the Athletic Directors of the University of Nevada, Reno, and the University of Nevada, Las Vegas, to consider the feasibility of reuniting the University of Nevada, Reno, and the University of Nevada, Las Vegas, in the same athletic conference and to schedule the annual rivalry football game between their teams on the Saturday following the observance of Nevada Day.

 

      Whereas, Nevada is one of only three states that annually celebrates its admission to statehood, in 1864, with a state holiday, and the Nevada Day Celebration in Carson City is by far the largest celebration of this kind, with the Carson City parade and festivities dating back to 1938; and


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ê2003 Statutes of Nevada, Page 3718 (File Number 65, SCR 19)ê

 

      Whereas, Though not as long-standing a tradition as the Nevada Day Celebration, the football rivalry between the University of Nevada, Reno, and the University of Nevada, Las Vegas, is nevertheless similarly popular and historic; and

      Whereas, The UNR-UNLV football series is a North-South “Civil War” which spans 34 years and which has been an annual event since 1989; and

      Whereas, The prize for the victorious team in this state championship game is the famed Fremont Cannon, college football’s largest and most expensive trophy; and

      Whereas, The Fremont Cannon is a replica of a cannon that accompanied Lieutenant John C. Fremont, one of America’s foremost trailblazers, as he headed west through Nevada in 1843; and

      Whereas, Combining the tradition of celebrating Nevada’s admission into the Union and the UNR-UNLV football rivalry involving the Fremont Cannon, a symbol of exploration of Nevada, would be symbolic of the pride that the residents of Nevada feel for this state; and

      Whereas, The Saturday following the observance of Nevada Day pursuant to NRS 236.015 falls on a weekend that is typically reserved for football games between universities within the same athletic conference and the University of Nevada, Reno, and the University of Nevada, Las Vegas, do not participate in the same athletic conference; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby urge Chris Ault and John Robinson, Athletic Directors for the University of Nevada, Reno, and the University of Nevada, Las Vegas, respectively, to consider the feasibility of reuniting the University of Nevada, Reno, and the University of Nevada, Las Vegas, in the same athletic conference, and if the teams are so reunited in the same conference, to urge the conference to schedule the annual football game between the two schools to be played on the Saturday following the observance of Nevada Day pursuant to NRS 236.015; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Chris Ault, Athletic Director for the University of Nevada, Reno, and to John Robinson, Athletic Director for the University of Nevada, Las Vegas.

________

 

FILE NUMBER 66, AJR 4

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

 

FILE NUMBER 66

 

Assembly Joint RESOLUTION—Urging the President of the United States and Congress to support a free trade agreement between the Republic of China on Taiwan and the United States.

 

      Whereas, It is our belief that it is the responsibility of the United States to promote the values of freedom, democracy, and a commitment to open markets and the free exchange of both goods and ideas both at home and abroad; and


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ê2003 Statutes of Nevada, Page 3719 (File Number 66, AJR 4)ê

 

      Whereas, The Republic of China on Taiwan shares these values with the United States and has struggled throughout the past 50 years to create what is today an open and thriving democracy; and

      Whereas, The United States must continue to support the growth of democracy and ongoing market opening in Taiwan if this relationship is to evolve and reflect the changing nature of the global system in the 21st Century; and

      Whereas, Despite the fact that Taiwan only recently became a member of the World Trade Organization and that it has no formal trade agreement with the United States, Taiwan has nevertheless emerged as the United States’ eighth largest trading partner; and

      Whereas, American businesses and workers have benefited greatly from this dynamic trade relationship, most recently in the computer and electronics sector; and

      Whereas, Taiwan is a gateway to other Pacific Rim markets for United States exports, helping to preserve peace and stability within the entire region; and

      Whereas, United States agricultural products have been particularly underrepresented in the list of United States exports to the region despite the importance of the market for growers of corn, wheat and soybeans; and

      Whereas, A free trade agreement would not only help Taiwan’s economy dramatically expand its already growing entrepreneurial class, but it would also serve an important political function; and

      Whereas, The United States needs to support partner countries that are lowering trade barriers; and

      Whereas, Taiwan has emerged over the past two decades as one of the United States’ most important allies in Asia and throughout the world; and

      Whereas, In the interest of supporting, preserving and protecting the democratic fabric of the government of the Republic of China on Taiwan, it is made clear that the United States supports the withdrawal of missiles deployed as a threat against Taiwan by the People’s Republic of China; and

      Whereas, Taiwan has forged an open, market-based economy and a thriving democracy based on free elections and the freedom of dissent; and

      Whereas, It is in the interest of the United States to encourage the development of both these institutions; and

      Whereas, The United States has an obligation to its allies and to its own citizens to encourage economic growth, market opening, and the destruction of trade barriers as a means of raising living standards across the board; and

      Whereas, A free trade agreement with Taiwan would be a positive step toward accomplishing all of these goals; and

      Whereas, The United States should also support the entry of Taiwan into the World Health Organization, the United Nations and other relevant international organizations; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge President George W. Bush and Congress to support a free trade agreement between the United States and Taiwan; and be it further

      Resolved, That United States policy should include the pursuit of some initiative in the World Trade Organization that will give Taiwan meaningful participation in a manner that is consistent with the organization’s requirements; and be it further


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

ê2003 Statutes of Nevada, Page 3720 (File Number 66, AJR 4)ê

 

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the United States Secretary of State, the Secretary of Health, Education, and Welfare, the Speaker of the United States House of Representatives, the Vice President of the United States as presiding officer of the Senate, the Government of Taiwan, the World Trade Organization and the members of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 67, AJR 5

Assembly Joint Resolution No. 5–Assemblymen Hettrick, Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 67

 

Assembly Joint RESOLUTION—Urging Congress to appropriate just compensation to State of Nevada for losses of revenue for public education from impact of land in Nevada held by Federal Government.

 

      Whereas, For many years, the State of Nevada, along with the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Washington and Wyoming, have grappled with the challenge of providing the best education for their residents; and

      Whereas, The State of Nevada and the other western states face unique challenges in achieving this goal; and

      Whereas, From 1979 to 1998, the expenditures per pupil increased approximately 28 percent in the western states, 34 percent in the State of Nevada and 57 percent in the remaining states in the Nation; and

      Whereas, In the 2000-2001 school year, the pupil-teacher ratio in public schools was approximately 18 to 1 in the western states, 19 to 1 in the State of Nevada and 15 to 1 in the remaining states in the Nation; and

      Whereas, The difficulty experienced by Nevada and the other western states in providing quality education to their residents is exacerbated by projections that enrollment in public schools from 2002 to 2011 is expected to increase by approximately 7 percent in Nevada and the other western states and decrease by approximately 3 percent in the remaining states in the Nation; and

      Whereas, The ability of the State of Nevada and other western states to fund public education is further hindered by and directly related to the fact that the Federal Government holds large percentages of the land located in those states; and

      Whereas, While states fund public education largely with revenue earned from the assessment of state and local property taxes, states cannot assess such property taxes on land in the state held by the Federal Government; and


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

ê2003 Statutes of Nevada, Page 3721 (File Number 67, AJR 5)ê

 

      Whereas, The State of Nevada and the other western states face greater burdens than the remaining states in the Nation in raising revenue from state and local property taxes to fund public education as the Federal Government holds approximately 52 percent of the land located in the western states, 87 percent of the land located in the State of Nevada and only 4 percent of the land located in the remaining states; and

      Whereas, According to the Action Plan for Public Lands and Education (APPLE) developed by the APPLE Steering Committee established by Speaker Marty Stephens of the Utah House of Representatives, the estimated annual loss of revenue from the inability of a state to assess property taxes for public education on land in the state held by the Federal Government is approximately $4 billion in the western states and approximately $116 million in the State of Nevada; and

      Whereas, The ability of the State of Nevada and other western states to fund public education is also limited by the fact that the Federal Government shares with states only a portion of the royalty revenues that the Federal Government receives from the natural resources on land in the state held by the Federal Government; and

      Whereas, The amount of such royalties received by states for public education is further reduced because land held by the Federal Government is less likely to be developed and federal laws often place stipulations on the use of royalty payments made to states; and

      Whereas, According to the Action Plan for Public Lands and Education (APPLE), the estimated annual loss of revenue as a result of federal policies concerning royalty payments is approximately $1.8 billion in the western states and approximately $6 million in the State of Nevada; and

      Whereas, The Federal Government should compensate the State of Nevada and other western states for the significant impact of lands in those states held by the Federal Government; and

      Whereas, Just compensation provided by the Federal Government to the State of Nevada and the other western states will allow those states to be on equal footing with the rest of the Nation in their efforts to provide education for their residents; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature urge Congress to appropriate just compensation to the State of Nevada for the losses of revenue for public education from the impact of land held by the Federal Government within the boundaries 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 the President of the United States, 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.

________

 


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

ê2003 Statutes of Nevada, Page 3722ê

 

FILE NUMBER 68, AJR 6

Assembly Joint Resolution No. 6–Assemblymen Hardy, Gibbons, Collins, Marvel, Mabey, Andonov, Beers, Brown, Christensen, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Koivisto, Manendo, McCleary, Pierce, Sherer and Weber

 

Joint Sponsors: Senators McGinness, Schneider, Washington and Wiener

 

FILE NUMBER 68

 

Assembly Joint RESOLUTION—Urging Congress to increase payments in lieu of taxes and make certain other reparations for the detrimental effects of federally held lands in Nevada.

 

      Whereas, An average of 52 percent of the land in 13 western states is held by the Federal Government, while the Federal Government holds an average of only 4.1 percent of the land in the remaining 37 states; and

      Whereas, In Nevada, approximately 87 percent of the land, which amounts to approximately 61 million acres, is held by the Federal Government; and

      Whereas, In 15 of the 17 counties in Nevada, more than 50 percent of the land is held by the Federal Government, and in 4 of the 17 counties, more than 90 percent of the land is held by the Federal Government; and

      Whereas, The management and control of such an extensive amount of the land in Nevada by the Federal Government has had substantial adverse effects on Nevadans; and

      Whereas, When the Territory of Nevada was admitted to statehood on October 31, 1864, the Federal Government provided the newly admitted state with 2 sections of land in each township for the benefit of common schools, which amounted to 3.9 million acres, while other states that were subsequently admitted to statehood received 4 sections of land in each township for the benefit of common schools; and

      Whereas, In 1880, it was necessary for Nevada to agree to exchange its 3.9 million acres for only 2 million acres of its own selection as Nevada had an immediate need for public school revenues and the land originally granted by the Federal Government to Nevada for common schools was not providing sufficient revenue because it included many undesirable sections that were on steep mountainsides or salt flats, the sections of the land could not be received from the Federal Government until they were surveyed and only a small fraction of the land had been surveyed and sold; and

      Whereas, The disproportionately small amount of land received from the Federal Government for the benefit of common schools contributes only a small amount of revenue for the schools in Nevada in comparison to other states, and places an excessive burden on the financial resources of each county in Nevada; and

      Whereas, Because the land held by the Federal Government is exempt from property taxes, the management and control of such an extensive amount of land in Nevada by the Federal Government has the effect of worsening the tremendous fiscal burdens experienced by counties in Nevada for those counties with a considerable amount of federally held land located within their boundaries; and


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

ê2003 Statutes of Nevada, Page 3723 (File Number 68, AJR 6)ê

 

      Whereas, The annual impact of this property tax exemption in the western states has been estimated at billions of dollars, which greatly hinders the ability of those western states, including Nevada, to develop and prosper economically; and

      Whereas, In 1976, Congress enacted Public Law 94-565, which is codified as 31 U.S.C. §§ 6901 to 6907, inclusive, and as amended, is commonly known as the Payments In Lieu of Taxes Act; and

      Whereas, The Act 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 land within their boundaries that is held by the Federal Government; and

      Whereas, Congress appropriates money each year that the Bureau of Land Management distributes to each of the 17 counties in the State of Nevada pursuant to several statutory formulas set forth in the Act; and

      Whereas, The annual payments received by the counties in Nevada pursuant to the Act are significantly less than the annual revenue that those counties could collect from property taxes if the land held by the Federal Government were privately held; and

      Whereas, From the inception of the payments in 1977 to the end of the 2001-2002 Fiscal Year, the money appropriated by Congress has been insufficient to provide full payment to the counties in Nevada pursuant to the statutory formulas; and

      Whereas, Even though Nevada is the state with the second highest percentage of land held by the Federal Government, Nevada only ranks as the eighth highest state in terms of the amount of the payments it receives from the Bureau of Land Management pursuant to the Act because the statutory formula set forth in 31 U.S.C. § 6903 is based in part on the population of the local government that will be receiving the payments, and 14 of the 17 counties in Nevada have populations that are less than 50,000; and

      Whereas, Another example of the adverse effects of the management and control of the extensive amount of land in Nevada held by the Federal Government is the management and control of the Nevada Test Site, which was established in December 1950, by President Truman, upon the recommendation of the Atomic Energy Commission, as the location at which nuclear weapons testing would be conducted within the continental United States; and

      Whereas, Approximately 5,470 square miles of federally held land in Nevada was used to provide:

      1.  The Nevada Test Site, which is owned and controlled by the United States Department of Energy and encompasses approximately 1,350 square miles of desert and mountainous terrain, an area which is larger than the State of Rhode Island; and

      2.  An additional 4,120 square miles of unpopulated land area surrounding the site which was withdrawn from the public domain for use as a protected wildlife range and for a military gunnery range; and

      Whereas, More than 1,100 nuclear weapons tests were conducted at the Nevada Test Site, located 65 miles northwest of Las Vegas, Nevada, before the Limited Test Ban Treaty, which effectively banned atmospheric testing of nuclear weapons, was signed on August 5, 1963; and

      Whereas, While the primary mission of the Nevada Test Site has been the testing of nuclear weapons, after the signing of the Limited Test Ban Treaty in 1963 and the initiation of a voluntary worldwide moratorium on nuclear weapons testing in 1992, the Nevada Test Site has been used for other purposes, including, without limitation, hazardous chemical spill testing, emergency response training, conventional weapons testing, conducting studies relating to waste management and environmental technology, and storing low-level waste; and


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

ê2003 Statutes of Nevada, Page 3724 (File Number 68, AJR 6)ê

 

Treaty in 1963 and the initiation of a voluntary worldwide moratorium on nuclear weapons testing in 1992, the Nevada Test Site has been used for other purposes, including, without limitation, hazardous chemical spill testing, emergency response training, conventional weapons testing, conducting studies relating to waste management and environmental technology, and storing low-level waste; and

      Whereas, In 1978, the United States Department of Energy established two Radioactive Waste Management Sites at the Nevada Test Site which have received approximately 21 million cubic feet of low-level waste for disposal from 1978 until the present, making the Nevada Test Site one of the largest regional low-level waste storage facilities in the country; and

      Whereas, Because the Nevada Test Site is centrally located within the Death Valley regional ground-water flow system, which includes much of southern Nevada and the Death Valley region of eastern California, the residents of Nevada and California are subject to risks from subsurface contaminants that may be transported from the Nevada Test Site by ground water as a result of past and future activities conducted at the Nevada Test Site; and

      Whereas, The residents and resources of Nevada may be exposed to additional risks because most of the ground water leaving the ground-water flow system is limited to local areas where geologic and hydrologic conditions force ground water upward toward the surface to discharge at springs and seeps; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 72nd Session of the Nevada Legislature hereby urge Congress to:

      1.  Authorize the transfer of land in Nevada from the Federal Government to the State of Nevada in the amount necessary to provide Nevada with the same amount of land received by the states that received 4 sections of land for the benefit of common schools upon admission to statehood;

      2.  Either:

      (a) Amend 31 U.S.C. § 6906 to provide permanent funding in the amount necessary to carry out the Payments In Lieu of Taxes Act as set forth in 31 U.S.C. §§ 6901 to 6907, inclusive; or

      (b) Appropriate for distribution to the counties in the State of Nevada a sufficient amount of money each fiscal year to provide the entire amount of the payments required by the statutory formulas set forth in the Payments In Lieu of Taxes Act;

      3.  Amend 31 U.S.C. § 6903 by deleting the current population-based statutory formula and replacing it with a provision that authorizes the Secretary of the Interior to compensate the counties in Nevada and the local governments of other states in an amount that is equal to the amount that those counties and other local governments would be able to collect in property taxes if the land held by the Federal Government were privately held; and

      4.  Either:

      (a) Authorize the transfer of an additional 5,470 square miles of land in Nevada and any water rights appurtenant thereto from the Federal Government to the State of Nevada to fairly compensate Nevada for the approximately 5,470 square miles of land that were withdrawn from the public domain for the purpose of establishing the Nevada Test Site; or


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

ê2003 Statutes of Nevada, Page 3725 (File Number 68, AJR 6)ê

 

      (b) Appropriate for distribution to the State of Nevada the amount of money necessary to fairly compensate Nevada for the approximately 5,470 square miles of land that were withdrawn from the public domain for the purpose of establishing the Nevada Test Site and any detrimental effects to that land and to the Death Valley regional ground-water flow system that resulted from the activities conducted at the Nevada Test Site; 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 presiding officer of the United States Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Secretary of Energy, 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.

________

 

FILE NUMBER 69, AJR 15

Assembly Joint Resolution No. 15–Committee on Elections, Procedures, and Ethics

 

FILE NUMBER 69

 

Assembly Joint RESOLUTION—Urging Congress to provide a comprehensive plan for the coverage of prescription drugs within the Medicare program.

 

      Whereas, Prescription medications are vital to health care today; and

      Whereas, Medicare represents a critically important source of health insurance for older residents of Nevada and for residents of Nevada with certain disabilities, and the coverage provided through Medicare does not provide coverage for prescription drugs; and

      Whereas, Most beneficiaries of Medicare who seek coverage for prescription drugs are required to obtain private or public supplemental coverage to cover prescription drugs; and

      Whereas, According to the results of a study conducted by the American Association of Retired Persons (AARP) and contained in the AARP Public Policy Issue Brief #IB41, consisting primarily of data collected in 1999 and based on an average of the different levels of income as a percentage of the federally designated level signifying poverty, beneficiaries of Medicare who are 65 years of age or older spent an average of approximately $2,500 per year, or 19 percent of their income, on out-of-pocket health care expenses; and

      Whereas, According to the AARP study, prescription drugs constitute the largest component of out-of-pocket spending on health care by beneficiaries of Medicare, averaging approximately 17 percent of the total out-of-pocket spending on health care and accounting for more than the costs of physician care, vision services and medical supplies combined; and

      Whereas, According to the study, the total spending on prescription drugs in the United States grew by approximately 13 percent per year between 1993 and 2000 and is expected to grow by approximately 12 percent per year through 2011; and

      Whereas, According to the study, beneficiaries of Medicare made up approximately 15 percent of the population in 1999, but accounted for approximately 40 percent of the total spending on prescription drugs in the United States; and


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

ê2003 Statutes of Nevada, Page 3726 (File Number 69, AJR 15)ê

 

approximately 40 percent of the total spending on prescription drugs in the United States; and

      Whereas, According to the study, beneficiaries of Medicare with supplemental coverage for prescription drugs are at risk of losing such coverage, as evidenced by a decrease of coverage of prescription drugs offered by certain employers from 31 percent in 1997 to 24 percent in 2001 and a decrease of coverage offered under certain Medicare plans for prescription drugs from 65 percent in 1999 to 50 percent in 2002; and

      Whereas, Many older or disabled residents of Nevada who receive Medicare benefits cannot afford supplemental coverage for prescription drugs; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 72nd Session of the Nevada Legislature urge Congress to provide a comprehensive universal plan for the uniform coverage of prescription drugs within the Medicare program that will provide beneficiaries of Medicare with stable access to prescription drugs on a voluntary basis, without extraordinary out-of-pocket costs and without unreasonable premiums, deductibles or copayments; and be it further

      Resolved, That the program of prescription drug coverage for Medicare beneficiaries should have no requirement relating to the use of state funds now used for existing State 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 and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 70, AJR 3 of the 71st Session

Assembly Joint Resolution No. 3 of the 71st Session–Committee on Constitutional Amendments

 

FILE NUMBER 70

 

Assembly Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to revise provisions governing the right to vote and to repeal an obsolete provision relating to the election of United States Senators.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 1 of article 2 of the Constitution of the State of Nevada be amended to read as follows:

      Section 1.  All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no [idiot or insane] person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector.


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ê2003 Statutes of Nevada, Page 3727 (File Number 70, AJR 3 of the 71st Session)ê

 

privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.

And be it further

      Resolved, That section 34 of article 4 of the Constitution of the State of Nevada is hereby repealed.

________

 

FILE NUMBER 71, ACR 28

Assembly Concurrent Resolution No. 28–Committee on Elections, Procedures, and Ethics

 

FILE NUMBER 71

 

Assembly Concurrent RESOLUTION—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 72nd Session of the Nevada Legislature.

 

      Whereas, The members of the 72nd 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 72nd 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 72nd Session of the Nevada Legislature.

________

 


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

ê2003 Statutes of Nevada, Page 3728ê

 

FILE NUMBER 72, SR 8

Senate Resolution No. 8–Committee on Judiciary

 

FILE NUMBER 72

 

Senate RESOLUTION—Amending Senate Standing Rule No. 40 for the 72nd Session of the Legislature to transfer jurisdiction over measures affecting the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases from the Standing Committee on Government Affairs to the Standing Committee on Judiciary.

 

      Resolved by the Senate of the State of Nevada, That Rule No. 40 of the Standing Rules of the Senate as adopted by the 72nd Session of the Legislature is hereby amended to read as follows:

 

Rule No. 40.  Standing Committees.

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

      (a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily titles 52-57, and chapters 118B, 461, 461A, 489, 701-704B and 707-712 of NRS, except measures affecting primarily state and local revenue.

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

      (c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289, 407 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency.

      (d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting titles 33, 37-39 and 42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.

      (e) Judiciary, seven members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 1-9, 11-16, and 41 of NRS, and chapters 111- 118A, 119-120A and 719 of NRS, except measures affecting primarily state and local revenue.

      (f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.


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ê2003 Statutes of Nevada, Page 3729 (File Number 72, SR 8)ê

 

      (g) Natural Resources, seven members, with jurisdiction over measures primarily affecting titles 26 and 45-50 and chapters 444A-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission of Nevada, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.

      (h) Taxation, seven members, with jurisdiction over measures affecting primarily title 32 of NRS and state and local revenue.

      (i) Transportation, seven members, with jurisdiction over measures affecting primarily title 44 and chapters 403-405, 408, 410, 480-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

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

________

 

FILE NUMBER 73, SCR 36

Senate Concurrent Resolution No. 36–Committee on Human Resources and Facilities

 

FILE NUMBER 73

 

Senate Concurrent RESOLUTION—Expressing the support of the Nevada Legislature for the four long-term strategic plans developed by the Department of Human Resources concerning the health care needs of the residents of Nevada.

 

      Whereas, On June 13, 2001, the Governor signed into law Assembly Bill No. 513 which provided funding for the development of four long-term strategic plans concerning the health care needs of the residents of Nevada; and

      Whereas, The strategic plans to be developed were to address the basic needs of Nevada’s senior residents, health care services in rural areas of Nevada, services to meet the needs of persons with disabilities, and rates paid by the State to contracted providers of health care services; and

      Whereas, The Department of Human Resources established a task force to facilitate the development of each of the four strategic plans and a steering committee to provide guidance and coordinate the overall efforts of each task force; and

      Whereas, Each task force conducted public hearings in many locations in this state to ensure information was received from all interested persons, including, without limitation, senior residents, rural Nevadans, persons with disabilities and their representatives, governmental representatives and representatives of persons who provide institutional and community-based services to persons with disabilities, and developed each long-term strategic plan only after testimony and information presented by the interested parties had been fully considered; and

      Whereas, The diligent work of the Senior Services Task Force in gathering comments and information from over 2,000 Nevada seniors, service providers and caregivers resulted in a comprehensive strategic plan for this state’s senior residents which focuses on goals relating to independent living, engagement in the occupation of life, improvement of health, accessibility and affordability of housing, availability of transportation services, and receipt of needed benefits, services and support; and


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ê2003 Statutes of Nevada, Page 3730 (File Number 73, SCR 36)ê

 

for this state’s senior residents which focuses on goals relating to independent living, engagement in the occupation of life, improvement of health, accessibility and affordability of housing, availability of transportation services, and receipt of needed benefits, services and support; and

      Whereas, The perseverance of the Nevada Rural Health Care Task Force in holding stakeholder meetings with approximately 200 persons, conducting interviews with those persons having a particular interest in rural health care and analyzing the data from over 250 surveys received from rural residents resulted in a long-range strategic plan to address health care services in the rural areas of Nevada, which focuses on goals relating to planning and coordination of rural health care, delivery of services to rural areas, sustainable financing of insurance coverage and development of adequate funding, and utilization and expansion of resources in rural communities; and

      Whereas, The assiduous work of the Task Force on Disability and its subcommittees and the technical advisory group created to address issues relating to the Olmstead decision, Olmstead v. L.C. ex rel. Zimring, 119 S. Ct. 2176 (1999), resulted in a comprehensive strategic plan for persons with disabilities which focuses on goals to ensure the availability and accessibility of services for persons with disabilities, to support the ability of persons with disabilities to lead independent and active lives within their communities, to continue the efforts of this state to provide appropriate community-based services for persons with disabilities, and to ensure that persons with disabilities receive the services they are legally entitled to receive; and

      Whereas, In addition to the goals identified by the Task Force on Disability to enable persons with disabilities to achieve maximum mainstream personal and economic independence, testimony from various advocates, agencies, organizations and persons with diverse interests, perspectives and expertise concerning the provision of services to persons with disabilities indicated that the allocation of 10 percent of the tobacco settlement funds that are designated to be used to address the needs of persons with disabilities should continue to be made available in the Fund for a Healthy Nevada without interruption to focus on:

      1.  Providing home and environmental modifications and technology to allow community access, independent living or return from institutional care;

      2.  Providing permanent funding for the State’s Positive Behavioral Support Program; and

      3.  Ensuring that families providing primary care to a severely disabled family member receive respite; and

      Whereas, The arduous work of the Provider Rates Task Force in gathering information from representatives of county agencies, providers of certain health care services, persons who access the services and their families, as well as state personnel, resulted in the development of standardized rates for a variety of services, including, without limitation, community support services for persons with a disability or a mental illness, the elderly, community triage centers, supported living arrangements, targeted case management, personal assistance services, fiscal intermediary services, children and adult mental health rehabilitative services and therapies; and

      Whereas, Based upon testimony presented from those persons who participated in providing input concerning the four areas of health care services on which the long-term strategic plans focused, permanent long-term funding is critically needed for the continued establishment and development of mental health services, including, without limitation, services for persons who are mentally ill and mentally retarded, and services for the prevention of alcohol abuse and alcoholism; and


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

ê2003 Statutes of Nevada, Page 3731 (File Number 73, SCR 36)ê

 

services on which the long-term strategic plans focused, permanent long-term funding is critically needed for the continued establishment and development of mental health services, including, without limitation, services for persons who are mentally ill and mentally retarded, and services for the prevention of alcohol abuse and alcoholism; and

      Whereas, Each of the four long-term strategic health care plans identified goals and objectives or recommendations relating to the area studied and outlined strategies to carry out the goals, objectives and recommendations; and

      Whereas, The Nevada Legislature recognizes the importance of these long-term strategic plans in serving as invaluable guides in addressing the health care needs of the residents of this state; and

      Whereas, The Nevada Legislature further recognizes that each strategic plan is a blueprint to use in budgeting for health care services in this state; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature express their support for the four long-term strategic plans developed by the Department of Human Resources concerning senior services, rural health care, persons with disabilities and provider rates; and be it further

      Resolved, That the members of the Legislature acknowledge the recommendations provided in these long-term strategic plans concerning the health care needs of the residents of this state, as well as the recommendations concerning funding that were provided as a result of testimony presented during the preparation of these plans; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Human Resources.

________

 

FILE NUMBER 74, AJR 13

Assembly Joint Resolution No. 13–Assemblyman Mortenson

 

FILE NUMBER 74

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to limit the duration of special sessions of the Legislature to 20 days, limit the matters which may be considered during a special session and provide that a special session may be convened by a petition signed by two-thirds of the Legislators of each house.

 

      Whereas, There are currently 34 State Legislatures that have the ability to call a special legislative session when deemed necessary; and

      Whereas, The Nevada Legislature is 1 of only 16 state legislative bodies in the Nation that may not call a special session, and 1 of only 9 Legislatures that may not determine any of the subject matter to be considered at a special session; and

      Whereas, The Nevada Constitution is grounded on the principle of three equal branches of State Government, with the ultimate authority and responsibility to enact necessary legislation being vested in the Legislative Branch, subject to final approval by the Governor; and


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ê2003 Statutes of Nevada, Page 3732 (File Number 74, AJR 13)ê

 

      Whereas, Nevada’s current constitutional language, which allows only the Governor to call the Legislature into special session, impedes and is contrary to the constitutional provision that vests the legislative authority of the State of Nevada in its elected Legislature; and

      Whereas, The Nevada Legislature should be authorized to operate with a reasonable degree of independence from the Executive and Judicial Branches as consistent with the separation of powers principle, and should be empowered to identify those topics that may require the Legislature to call a limited special session deemed in the best interest of the people of the State of Nevada; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 2A, be added to Article 4 of the Nevada Constitution to read as follows:

       Sec. 2A.  1.  The Legislature may be convened, on extraordinary occasions, upon petition signed by two-thirds of the members of each House of the Legislature. A petition must specify the business to be transacted during the special session, indicate a date on or before which the Legislature is to convene and be transmitted to the Secretary of State. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by the required number of members, calling for a special session, the Secretary of State shall notify all members of the Legislature and the Governor that a special session will be convened pursuant to this section.

       2.  No bills, except those related to the business specified in the petition and those necessary to provide for the expenses of the session, may be introduced at a special session convened pursuant to this section.

       3.  A special session convened pursuant to this section takes precedence over a special session called by the Governor pursuant to Section 9 of Article 5 of this Constitution, unless otherwise provided in the petition calling for the special session.

       4.  The Legislature may provide by law for the procedure for convening a special session pursuant to this section.

       5.  The Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight of the 20th calendar day of that session. Any legislative action taken after midnight on the 20th calendar day is void.

And be it further

      Resolved, That Section 2 of Article 4 of the Nevada Constitution be amended to read as follows:

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

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


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ê2003 Statutes of Nevada, Page 3733 (File Number 74, AJR 13)ê

 

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

And be it further

      Resolved, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:

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

And be it further

      Resolved, That Section 9 of Article 5 of the Nevada Constitution be amended to read as follows:

      [Sec: 9.  The] Sec. 9.  1.  Except as otherwise provided in Section 2A of Article 4 of this Constitution, the Governor may , on extraordinary occasions, convene the Legislature by Proclamation 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.]

      2.  No bills, except those related to the purpose for which the Legislature has been specially convened and those necessary to provide for the expenses of the session, may be introduced at a special session convened pursuant to this section.

      3.  The Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight of the 20th calendar day of that session. Any legislative action taken after midnight on the 20th calendar day is void.

________

 


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ê2003 Statutes of Nevada, Page 3734ê

 

FILE NUMBER 75, ACR 29

Assembly Concurrent Resolution No. 29–Assemblymen Gustavson, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Washington, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend and Wiener

 

FILE NUMBER 75

 

Assembly Concurrent RESOLUTION—Memorializing Marine hero Lance Corporal Donald J. Cline Jr.

 

      Whereas, The members of the Nevada Legislature join the people of the State of Nevada to mourn the loss and celebrate the life of United States Marine Lance Corporal Donald J. Cline Jr.; and

      Whereas, Donald J. Cline Jr., known as “John” by his family and friends, was born in Sierra Madre, California; and

      Whereas, After his family moved to Sparks, John Cline attended Reed High School and met his wife-to-be, Tina; and

      Whereas, Because he said he had “always wanted to be a Marine,” John Cline enlisted in the United States Marine Corps at the age of 17 and left for boot camp 2 weeks after graduating from high school; and

      Whereas, After John’s graduation from Marine boot camp on October 20, 2000, Tina and John Cline were married the following day at the American Legion Hall in Sun Valley, Nevada; and

      Whereas, Blessed with two sons, Dakota, 2 1/2 years of age, and Dillon, 7 months, John Cline proved to be a devoted and caring family man who talked about returning to Reno to become a police officer when he left the military; and

      Whereas, Serving with the 1st Battalion, 2nd Marine Regiment, 2nd Marine Expeditionary Brigade, based at Camp Lejeune, North Carolina, John Cline was deployed to Iraq to serve his country, but kept in close contact with his family through letters and phone calls; and

      Whereas, On March 23, 2003, John Cline was reported missing in action after he and some of his fellow Marines were ambushed by enemy fire on a bridge near the southern Iraq town of Nasiriyah; and

      Whereas, Being a strong and loyal Marine wife, Tina Cline remained optimistic that her husband would be found safe, and she and her children were embraced by their community, receiving support and prayers from family, friends and strangers; and

      Whereas, Sadly, on April 11, Lance Corporal Donald “John” Cline Jr., only 21 years of age, was among the Marines identified as killed in that attack of March 23rd; and

      Whereas, John Cline was posthumously awarded the Purple Heart and will hereafter be remembered for his bravery in the face of battle; and


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ê2003 Statutes of Nevada, Page 3735 (File Number 75, ACR 29)ê

 

      Whereas, Lance Corporal Cline is survived by his wife, Tina, his sons, Dakota and Dillon, and his mother, Cynthia Fulton-Cline; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That United States Marine Lance Corporal Donald J. Cline Jr. be recognized for his dedication to his country in giving the ultimate sacrifice while trying to make the world a safer place for his children and children throughout the world; and be it further

      Resolved, That the members of the 72nd Session of the Nevada Legislature and the people of our State extend their sincere condolences to the family and friends of John Cline, an American hero; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to John Cline’s loving wife, Tina.

________

 

FILE NUMBER 76, ACR 30

Assembly Concurrent Resolution No. 30–Assemblymen Sherer, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber and Williams

 

Joint Sponsors: Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 76

 

Assembly Concurrent RESOLUTION—Memorializing Marine hero Lieutenant Frederick Pokorney Jr.

 

      Whereas, The members of the Nevada Legislature and the people of the State of Nevada mourn the loss of United States Marine Corps First Lieutenant Frederick “Fred” Pokorney Jr.; and

      Whereas, Living with former Nye County Sheriff Wade Lieseke and his wife Susie, Fred Pokorney graduated from Tonopah High School in 1989, where the 6-foot-7-inch, 220-pound athlete excelled at basketball and football; and

      Whereas, A devoted family man, Fred Pokorney met his wife, known as “Chelle,” in Washington State, and they became the proud parents of daughter Taylor, now 2 1/2 years of age and the spitting image of her father; and

      Whereas, After enlisting in the United States Marine Corps, Fred Pokorney was named the top recruit at the end of basic training and, taking advantage of the military educational benefits, attended Oregon State University where he earned a degree in military science; and

      Whereas, A field artillery leader for the Headquarters Battery, 1st Battalion, 10th Marine Regiment, 2nd Marine Expeditionary Brigade, stationed at Camp Lejeune, North Carolina, Lieutenant Pokorney was deployed to Iraq and died on March 23, 2003, when he and some of his fellow Marines were ambushed outside of Nasiriyah; and


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ê2003 Statutes of Nevada, Page 3736 (File Number 76, ACR 30)ê

 

deployed to Iraq and died on March 23, 2003, when he and some of his fellow Marines were ambushed outside of Nasiriyah; and

      Whereas, Commissioned as a Second Lieutenant, Pokorney was promoted posthumously to First Lieutenant and was awarded the Purple Heart and will forever be remembered for his bravery and dedication to his country; and

      Whereas, Chelle Pokorney called her husband a “gentle giant” and said he loved “his family, the Marine Corps and the Oakland Raiders”; and

      Whereas, Nevada’s first reported casualty from Operation Iraqi Freedom and the first Marine from that military operation to be buried at Arlington National Cemetery, Lieutenant Pokorney was buried with full military honors; and

      Whereas, Lieutenant Frederick Pokorney Jr. is survived by his wife Chelle Pokorney, his daughter Taylor, and his surrogate parents Wade and Susie Lieseke; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That United States Marine First Lieutenant Frederick Pokorney Jr. be honored for his devotion to his family, his state and his country, for which he made the ultimate sacrifice; and be it further

      Resolved, That the members of the 72nd Session of the Nevada Legislature and the people of our state celebrate the life of Lieutenant Pokorney and extend their sincere condolences to the family and friends of a true hero; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Chelle, the beloved wife of Lieutenant Pokorney.

________

 


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ê2003 Statutes of Nevada, Page 3737ê

 

FILE NUMBER 77, AR 6

Assembly Resolution No. 6–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 77

 

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 Standing 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, Mrs. Sharron E. Angle, Mr. John C. Carpenter and Mr. David Brown are designated as the regular Assembly members; Mr. John Oceguera and Mr. William C. Horne are designated as the first and second alternate members, respectively, for Mr. Richard D. Perkins; Ms. Peggy Pierce and Mr. Kelvin D. Atkinson are designated as the first and second alternate members, respectively, for Ms. Barbara E. Buckley; Ms. Sheila Leslie and Ms. Genie Ohrenschall are designated as the first and second alternate members, respectively, for Mr. Bernie Anderson; Mr. Donald G. Gustavson and Mr. Ronald L. Knecht are designated as the first and second alternate members, respectively, for Mrs. Sharron E. Angle; Mr. Thomas J. Grady and Mr. Roderick R. Sherer are designated as the first and second alternate members, respectively, for Mr. John C. Carpenter; Mr. Chad Christensen and Ms. Valerie E. Weber are designated as the first and second alternate members, respectively, for Mr. David Brown.

________

 

FILE NUMBER 78, SJR 3

Senate Joint Resolution No. 3–Committee on Natural Resources

 

FILE NUMBER 78

 

SENATE Joint RESOLUTION—Urging Congress to take certain actions concerning wilderness areas and wilderness study areas.

 

      Whereas, The provisions of 16 U.S.C. §§ 1131 et seq., commonly referred to as the Wilderness Act, establish the National Wilderness Preservation System, which consists of areas of federal public land that are designated by Congress as wilderness areas; and

      Whereas, Congress has designated approximately 2 million acres of certain federal public lands in Nevada as wilderness areas; and

      Whereas, If an area of federal public land is designated as a wilderness area, it must be managed in a manner that preserves the wilderness character of the area and ensures that the area remains unimpaired for future use and enjoyment as a wilderness area; and

      Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and


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ê2003 Statutes of Nevada, Page 3738 (File Number 78, SJR 3)ê

 

      Whereas, In conjunction with the provisions of the Wilderness Act, the Bureau of Land Management of the Department of the Interior in the late 1970s conducted an initial inventory of approximately 49 million acres of federal public lands in Nevada to determine the suitability of such lands for designation as wilderness areas or identification as wilderness study areas and, in 1980, recommended that approximately 5.1 million acres of those lands be identified as wilderness study areas; and

      Whereas, Until a wilderness study area is designated by Congress as a wilderness area or released for multiple use, the wilderness study area must be managed in a manner that does not impair its suitability for preservation as a wilderness area; and

      Whereas, In 1991, the Bureau of Land Management recommended that Congress designate as wilderness areas approximately 1.9 million acres of the 5.1 million acres of wilderness study areas in Nevada and release the remainder of the wilderness study areas for multiple use; and

      Whereas, Although Congress recently enacted the Clark County Conservation of Public Land and Natural Resources Act of 2002, Public Law 107-282 (2002), which released approximately 224,000 acres in Clark County from its current status as wilderness study areas, the recommendations made by the Bureau of Land Management in 1991 have largely not been acted upon by Congress, and the Bureau continues to manage approximately 3.86 million acres of federal public lands in Nevada identified as wilderness study areas; and

      Whereas, It is important that decisions concerning whether to designate wilderness study areas as wilderness areas or release those areas for multiple use are made in a timely manner without any unnecessary delays as the identification of federal public lands as wilderness study areas is believed to impose significant restrictions on the management and use of those lands; and

      Whereas, It is also important to protect the ecological health and existing and potential economic and recreational benefits of wilderness areas and wilderness study areas in this state by using reasonable and effective methods of fire suppression in those areas; and

      Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is managed by the Bureau of Land Management has been identified as wilderness study areas and because such designation or identification is believed to impose significant restrictions concerning the management and use of such land, including land used for mining, ranching and recreation, the Legislative Commission appointed a subcommittee in 2001 to conduct an interim study of wilderness areas and wilderness study areas in this state; and

      Whereas, During the 2001-2002 legislative interim, the subcommittee met several times throughout this state and facilitated important and wide-ranging discussions among many agencies, organizations and persons with diverse interests, perspectives and expertise concerning wilderness areas and wilderness study areas; and

      Whereas, The subcommittee received a great deal of valuable input from those agencies, organizations and persons, including many valuable recommendations for Congress to consider in addressing the issues concerning wilderness areas and wilderness study areas in a responsible, reasonable and fair manner; now, therefore, be it


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

ê2003 Statutes of Nevada, Page 3739 (File Number 78, SJR 3)ê

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature urge Congress to:

      1.  Support efforts to ensure that adequate access to wilderness areas and wilderness study areas is afforded to the appropriate agencies and persons so that those agencies and persons may effectively combat fires in wilderness areas and wilderness study areas;

      2.  Support the use of all reasonable and effective fire suppression efforts in wilderness areas and wilderness study areas without strictly confining such efforts only to the tools determined by the federal agencies which manage federal public lands to be the minimum tools necessary;

      3.  Accept the recommendation of the Bureau of Land Management to designate 1.9 million acres of certain wilderness study areas in Nevada as wilderness areas while also incorporating in the designation process flexibility to consider relevant information such as growth to ensure the establishment of appropriate boundaries for those areas and recognizing that such consideration may result in a reasonable adjustment of those boundaries;

      4.  Oppose any efforts to conduct another inventory of the federal public lands in Nevada for purposes of creating wilderness areas or wilderness study areas without first releasing wilderness study areas determined to be unsuitable for designation as wilderness areas;

      5.  Ensure that more current information is considered before acting on the recommendations of the Bureau of Land Management concerning the designation of wilderness areas in Nevada as the surveys of the Bureau were performed with limited time, resources and technology; and

      6.  Avoid any unnecessary delays in releasing wilderness study areas for multiple use by establishing a plan for addressing the release of wilderness study areas in a timely manner that includes a schedule or plan for the timely consideration of important issues concerning wilderness study areas; 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.

________

 


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ê2003 Statutes of Nevada, Page 3740ê

 

FILE NUMBER 79, SJR 4

Senate Joint Resolution No. 4–Committee on Natural Resources

 

FILE NUMBER 79

 

Senate Joint RESOLUTION—Urging the Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas.

 

      Whereas, The provisions of 16 U.S.C. §§ 1131 et seq., commonly referred to as the Wilderness Act, establish the National Wilderness Preservation System, which consists of areas of federal public land that are designated by Congress as wilderness areas; and

      Whereas, Congress has designated approximately 2 million acres of certain federal public lands in Nevada as wilderness areas; and

      Whereas, If an area of federal public land is designated as a wilderness area, it must be managed in a manner that preserves the wilderness character of the area and ensures that the area remains unimpaired for future use and enjoyment as a wilderness area; and

      Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and

      Whereas, In conjunction with the provisions of the Wilderness Act, the Bureau of Land Management of the Department of the Interior manages approximately 3.86 million acres of federal public lands in Nevada identified as wilderness study areas; and

      Whereas, Until a wilderness study area is designated by Congress as a wilderness area or released, the wilderness study area must be managed in a manner that does not impair its suitability for preservation as a wilderness area; and

      Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is managed by the Bureau of Land Management has been identified as wilderness study areas and because such designation or identification is believed to impose significant restrictions concerning the management and use of such land, including land used for mining, ranching and recreation, the Legislative Commission appointed a subcommittee in 2001 to conduct an interim study of wilderness areas and wilderness study areas in this state; and

      Whereas, During the 2001-2002 legislative interim, the subcommittee met several times throughout this state and facilitated important and wide-ranging discussions among many agencies, organizations and persons with diverse interests, perspectives and expertise concerning wilderness areas and wilderness study areas; and

      Whereas, The subcommittee received a great deal of valuable input from those agencies, organizations and persons, including many valuable recommendations for the Nevada Congressional Delegation and Congress to consider in addressing the issues concerning wilderness areas and wilderness study areas in a responsible, reasonable and fair manner; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature urge the Nevada Congressional Delegation to work with all interested Nevadans, land managers, affected parties, local governments, special interest organizations and members of the American public in a spirit of cooperation and mutual respect to address issues concerning the designation of wilderness areas in Nevada; and be it further


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ê2003 Statutes of Nevada, Page 3741 (File Number 79, SJR 4)ê

 

Congressional Delegation to work with all interested Nevadans, land managers, affected parties, local governments, special interest organizations and members of the American public in a spirit of cooperation and mutual respect to address issues concerning the designation of wilderness areas in Nevada; and be it further

      Resolved, That the members of the Nevada Legislature urge Congress to:

      1.  Encourage education at all levels of government and of all affected parties to ensure that facts are accurately presented when wilderness issues are debated and that the applicable laws are properly interpreted when officials carry out legislation concerning wilderness areas and wilderness study areas;

      2.  Require the development of accurate, consensus-based maps for boundaries of wilderness areas and wilderness study areas using technologies such as Geographic Information Systems;

      3.  Oppose the creation of buffer zones around wilderness areas and instead support the requirement of clear and concise boundaries based on recognizable features on the ground, including, without limitation, roads and established drainage routes;

      4.  Support efforts to ensure that existing roads are not closed to create wilderness areas;

      5.  Support the implementation of appropriate measures, including, without limitation, the use of roads, to ensure that persons who are elderly or have a disability have continued access to wilderness areas;

      6.  Support the preservation of roads that do not appear on a map and may not have been documented but that have historically been used to allow persons access to private property;

      7.  For the purpose of allowing ranchers access to water diversions located near wilderness areas or wilderness study areas, support the use of “cherry-stem” roads, which are dead-end roads that would geographically extend into wilderness areas but are excluded from designation as parts of wilderness areas because the boundaries of the wilderness areas are drawn around and just beyond the edges of such roads;

      8.  Specifically outline and guarantee all preexisting rights of ranchers concerning grazing permits, water permits and access to land and water necessary for ranching via “cherry-stem” roads in any legislation concerning wilderness areas and wilderness study areas;

      9.  Support the use of appropriately managed techniques for managing vegetation, including, without limitation, grazing, and the use of appropriately managed logging as integral tools for reducing potential fire danger in wilderness areas and wilderness study areas;

      10.  Consider future population growth and urban expansion when designating wilderness areas in Nevada, as Nevada has been the state with the highest percentage population growth in recent years and public lands in Nevada are increasingly impacted by human activity and development;

      11.  Support the designation of the area of approximately 1,800 acres of land known as Marble Canyon, which is adjacent to the Mt. Moriah Wilderness Area and which appears to have been inadvertently excluded from the Nevada Wilderness Protection Act of 1989, Public Law 101-195, as a wilderness area;

      12.  Support national and state legislation which explicitly requires that when a decision is made in the public land use planning process which will affect economic activity on public land, consideration must be given as to the effects of the decision on communities that are dependent on natural resources;


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ê2003 Statutes of Nevada, Page 3742 (File Number 79, SJR 4)ê

 

affect economic activity on public land, consideration must be given as to the effects of the decision on communities that are dependent on natural resources;

      13.  Hold extensive hearings in Washington, D.C., and in Nevada before making any changes to the designation of wilderness areas in Nevada or the identification of wilderness study areas in Nevada or any other changes concerning public lands in Nevada;

      14.  Use a collaborative process when designating a wilderness study area as a wilderness area; and

      15.  Support precise specification of the activities that are authorized within wilderness areas and wilderness study areas; 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.

________

 


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ê2003 Statutes of Nevada, Page 3743ê

 

FILE NUMBER 80, SCR 39

Senate Concurrent Resolution No. 39–Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 80

 

Senate Concurrent RESOLUTION—Memorializing former State Controller Darrel R. Daines.

 

      Whereas, The members of the 72nd Session of the Nevada Legislature note with sadness the loss on February 1, 2003, of Darrel R. Daines, the man who was the respected steward of the finances of the State of Nevada from 1983 to 1999; and

      Whereas, Darrel Daines was born on October 3, 1922, in Franklin, Idaho, attended schools in Logan, Utah, and Preston, Idaho, and began studies at Utah State University where he met his lovely bride-to-be, Ursula, before enlisting in the Army to serve his country during World War II; and

      Whereas, After completing his pilot training as part of the Army Air Corps, Second Lieutenant Daines was assigned in July of 1944 to the Pacific Theater of Operations and flew combat missions for more than a year, for which he received several decorations, and was part of the army of occupation following Japan’s surrender; and

      Whereas, After leaving the military at the rank of Captain, Darrel Daines completed his studies at Utah State University and attended the University of Utah Law School until 1950 when he became President of the Daines Manufacturing Company; and

      Whereas, In 1964, Darrel Daines began his career as a fiscal officer in Logan, Utah, where he served 4 years as the Logan City Auditor; and

      Whereas, In 1968, Darrel Daines moved to Nevada with his wife Ursula and their four children to accept an auditing position in the Clark County Recorder’s office, where he was so successful that he soon became a role model for a new governmental office—County Comptroller—a position that was statutorily created in 1969 and which he held for 14 years in Clark County; and

      Whereas, In 1983, Darrel Daines was inaugurated as State Controller and held that constitutional office for a record-tying four terms as the chief fiscal officer of the State of Nevada, during which time he served as President of the National Association of State Comptrollers in 1988 and President of the National Association of State Auditors, Comptrollers and Treasurers in 1995; and

      Whereas, As State Controller, Darrel Daines was a member of the State Transportation Board and is credited with developing the financing plan that accelerated the construction of the east leg of the Las Vegas Expressway through Henderson, the completion of Highway 395 in Reno and the development of the four-lane divided highway between Carson City and Minden; and


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ê2003 Statutes of Nevada, Page 3744 (File Number 80, SCR 39)ê

 

through Henderson, the completion of Highway 395 in Reno and the development of the four-lane divided highway between Carson City and Minden; and

      Whereas, For 12 of the 16 years that Darrel Daines served as State Controller, his Office was presented with a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association, an award that had not been won by that Office before Controller Daines took the reins; and

      Whereas, In addition to his long-standing public service, Darrel Daines dedicated much of his time and energy to community service, as exemplified by his membership on the Board of the Nevada Division of the American Cancer Society for 20 years, his service as its Chairman from 1984 to 1987, and his membership on the National Board of Directors of the American Cancer Society for an additional 10 years; and

      Whereas, Darrel Daines was predeceased in 2001 by his loving wife of 57 years, Ursula, and is survived by his daughter, Judith Daines Mower of Las Vegas, sons, Alan R. of Colorado Springs, Colorado, and William B. R. and Michael K. of Reno, nine grandchildren and six great-grandchildren; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend heartfelt sympathy to the family and friends of Darrel R. Daines; and be it further

      Resolved, That in addition to being a loving family man who generously volunteered his time to benefit his community, Darrel Daines will long be remembered for the significant contributions he made to the State of Nevada during his 16 years as State Controller and as a member of the State Transportation Board; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Judith Daines Mower, Alan R. Daines, William B. R. Daines and Michael K. Daines, the children of Darrel R. Daines.

________

 


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ê2003 Statutes of Nevada, Page 3745ê

 

FILE NUMBER 81, SR 9

Senate Resolution No. 9–Senators Nolan, Wiener, Rawson, O’Connell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend and Washington

 

FILE NUMBER 81

 

Senate RESOLUTION—Commending Ronnie W. Flud upon his retirement from public service.

 

      Whereas, Ronnie W. Flud has been affiliated with the Clark County Coroner’s Office since September of 1984 and served as the first paid Coroner of Clark County; and

      Whereas, Despite the unprecedented growth that Clark County has experienced over the last 20 years, the corresponding growth of the Clark County Coroner’s Office, and numerous high-profile cases, Ronnie Flud has maintained the dignity and decorum befitting the Coroner’s Office; and

      Whereas, Ronnie Flud has had the forethought, vision and expertise to manage the growth of the Coroner’s Office by designing a facility that not only addresses the needs of today but will address the needs of the future of Clark County; and

      Whereas, Ronnie Flud has served on numerous public boards and committees and has been responsible for imparting appropriate information to the community in a timely and effective manner; and

      Whereas, Ronnie Flud initiated, with the assistance of Senators Dennis Nolan and Valerie Wiener, the first Youthful Offender Program in the State of Nevada, which has resulted in a recidivism rate less than any other program in Clark County; and

      Whereas, Ronnie Flud championed the education of youth in an effort to prevent further deaths in Clark County; and

      Whereas, Ronnie Flud has been a true example of leadership, compassion and professionalism in representing Clark County and the residents of this state; and

      Whereas, Ronnie Flud invested countless hours of his own personal time into his career, not for his own benefit, but for the benefit of those who have served with him and have had the pleasure, honor and opportunity to share in that experience; and

      Whereas, As the end of a remarkable career that spanned 3 decades approaches, Ronnie Flud can look back at his time as a street police officer for the City of North Las Vegas, an investigator and undercover narcotics officer for the State of Nevada, and Chief Deputy Coroner and Coroner for Clark County and take pride in the knowledge that he was an inspiration and role model to those who knew and worked with him; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Ronnie W. Flud is hereby commended for his many years of exemplary public service to the State of Nevada; and be it further

      Resolved, That this day be designated “Ronnie W. Flud Day” in the Senate; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ronnie W. Flud.

________

 


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ê2003 Statutes of Nevada, Page 3746ê

 

FILE NUMBER 82, SCR 20

Senate Concurrent Resolution No. 20–Senator Rhoads (by request)

 

FILE NUMBER 82

 

Senate Concurrent RESOLUTION—Directing the Legislative Committee on Public Lands to conduct an interim study of the feasibility and desirability of changing the state boundary line along the border with Utah.

 

      Whereas, In a local referendum on November 5, 2002, the residents of the cities of West Wendover, Nevada, and Wendover, Utah, voted to approve a merger of the two cities; and

      Whereas, The annexation of Wendover, Utah, to the State of Nevada will result in a change in the boundary line between the two states; and

      Whereas, The consulting firm Applied Development Economics of Berkeley, California, recently conducted a limited study for the cities of West Wendover and Wendover, funded in part by the United States Department of Agriculture, that indicated a merger would provide benefits for both cities; and

      Whereas, A change in the boundary line between Nevada and Utah must be agreed upon by the two states in an interstate agreement or compact enacted by the Legislature of each state; and

      Whereas, There are several issues that must be examined and evaluated before the step of redrawing a long-standing state boundary can be taken; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Committee on Public Lands is hereby directed to conduct an interim study of the feasibility and desirability of a change in the boundary line between Nevada and Utah; and be it further

      Resolved, That the Legislative Commission shall appoint one additional member of the Senate and one additional member of the Assembly to assist in conducting the study; and be it further

      Resolved, That the study must include a review of the 2002 Wendover Annexation Study conducted by Applied Development Economics of Berkeley, California; and be it further

      Resolved, That the study must include, without limitation, an examination and evaluation of the potential impact of such a merger upon the economic, educational, fiscal, professional and social health and well-being of the two communities; and be it further

      Resolved, That the Legislative Committee on Public Lands may appoint and consult with an advisory committee for the purposes of this study; and be it further

      Resolved, That the members of the advisory committee serve without compensation and per diem allowances, travel expenses or other reimbursement; and be it further

      Resolved, That the members of the Legislative Committee on Public Lands are directed to meet, communicate and work cooperatively with members of the Utah State Legislature to achieve the goals set forth and, if appropriate, prepare a draft of language to be used in an interstate agreement or compact to change the boundary; and be it further


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ê2003 Statutes of Nevada, Page 3747 (File Number 82, SCR 20)ê

 

      Resolved, That on or before September 1, 2004, the Legislative Committee on Public Lands shall prepare and submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission.

________

 

FILE NUMBER 83, SCR 26

Senate Concurrent Resolution No. 26–Senator Coffin

 

FILE NUMBER 83

 

Senate Concurrent RESOLUTION—Amending the Joint Rules of the Senate and Assembly for the 72nd Session of the Legislature to clarify the time by which the Legislature must adjourn the session sine die.

 

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That, the Joint Rules of the Senate and Assembly as adopted by the 72nd Session of the Legislature are amended by the following addition:

9.5

Adjournment sine die

      1.  The Legislature shall not take any action on a bill or resolution after midnight Pacific Daylight Time on the 120th calendar day of session.

      2.  A Legislator shall not take any action to impede the progress of the Legislature in completing its business by the time specified in subsection 1.

      3.  Any action taken in violation of subsection 2 shall be deemed out of order.

________

 

FILE NUMBER 84, SR 10

Senate Resolution No. 10–Senators Raggio and Titus

 

FILE NUMBER 84

 

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 Standing Rules of the Legislature, Senators Randolph J. Townsend, Ann O’Connell, Mike McGinness, Alice Costandina Titus, Valerie Wiener and Maggie Carlton are designated as the regular Senate members of the Legislative Commission; and be it further

      Resolved, That Senators Mark Amodei and Dean A. Rhoads are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Dennis Nolan and Raymond C. Shaffer are designated as the first and second alternate members, respectively, for Senator Ann O’Connell; Senators Warren B. Hardy II and Maurice E. Washington are designated as the first and second alternate members, respectively, for Senator Mike McGinness; Senators Terry Care and Michael A. Schneider are designated as the first and second alternate members, respectively, for Senator Alice Costandina Titus; Senators Terry Care and Joseph M. Neal are designated as the first and second alternate members, respectively, for Senator Valerie Wiener; and Senators Terry Care and Joseph M.


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ê2003 Statutes of Nevada, Page 3748 (File Number 84, SR 10)ê

 

members, respectively, for Senator Valerie Wiener; and Senators Terry Care and Joseph M. Neal are designated as the first and second alternate members, respectively, for Senator Maggie Carlton; 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 Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.

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

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

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ê2003 Statutes of Nevada, Page 3749ê

 

FILE NUMBER 85, AJR 11

Assembly Joint Resolution No. 11–Committee on Elections, Procedures, and Ethics

 

FILE NUMBER 85

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide for the election of certain members of the Board of Regents and the gubernatorial appointment of certain members of the Board of Regents, and to specify the number and terms of the members.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 7 of Article 11 of the Nevada Constitution be amended to read as follows:

       [Sec: 7.  The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first Four Years and until their successors are elected and qualified constitute]

       Sec. 7.  1.  There is hereby created a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. [But the]

      2.  The Board of Regents consists of nine members. Except as otherwise provided in this subsection, one member must be elected from each congressional district in this state and the remaining positions, if any, must be filled by the Governor by appointment. If at any time this state is apportioned more than nine congressional seats, the Legislature shall provide for the districts from which the nine members of the Board of Regents must be elected.

      3.  The Legislature shall provide for the arrangement of the terms of the elected members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. The Governor shall provide for the arrangement of the terms of the appointed members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. After initial terms of 2 or 4 years to ensure staggered terms, each member of the Board of Regents shall serve a term of 4 years, and until his successor is elected and qualified or appointed and qualified.

      4.  If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      5.  Not more than two-thirds of the appointed members of the Board of Regents may be members of the same political party.

       6.  The Legislature shall [at its regular session next preceding the expiration of the term of Office of said Board of Regents provide for the election of a new] define the duties of the members of the Board of Regents . [and define their duties.]

And be it further

      Resolved, That the term of any member of the Board of Regents who was elected before November 4, 2008, expires on January 5, 2009. The Governor shall make his appointments pursuant to subsection 2 of Section 7 of Article 11 of the Nevada Constitution as soon as practicable after January 5, 2009, and in making those appointments may appoint a former member of the Board of Regents.


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ê2003 Statutes of Nevada, Page 3750 (File Number 85, AJR 11)ê

 

January 5, 2009, and in making those appointments may appoint a former member of the Board of Regents.

And be it further

      Resolved, That this resolution becomes effective on January 1, 2008, for purposes of nominating and electing members to the Board of Regents from each congressional district, and on January 5, 2009, for all other purposes.

________

 

FILE NUMBER 86, SJR 10

Senate Joint Resolution No. 10–Committee on Natural Resources

 

FILE NUMBER 86

 

Senate Joint RESOLUTION—Expressing support for the plan to consolidate certain public and private lands in Pershing County and urging the members of the Nevada Congressional Delegation to introduce and support legislation providing for such consolidation of lands in Pershing County.

 

      Whereas, The Federal Government granted approximately 5 million acres of public land in northern Nevada to the Central Pacific Railroad Company in the 1860s as part of the incentives offered to railroad companies for building the first transcontinental railroad; and

      Whereas, As a result of that grant of land, which consisted of every other square mile of property extending 20 miles on each side of the railroad, land ownership across northern Nevada in the vicinity of Interstate Highway No. 80, particularly in Pershing County, appears as a checkerboard pattern of public and private land; and

      Whereas, This ownership pattern of public and private land in Nevada negatively impacts the management of public lands and the development of private lands in counties that have an extensive amount of land with such an ownership pattern within their boundaries, including Pershing County; and

      Whereas, The management of rangeland fires, noxious weeds, wildlife, livestock, water resources and drought conditions and other issues faced by the Bureau of Land Management as a federal agency that manages the public lands and by ranchers who lease the private lands or hold permits on the public lands are greatly complicated by the checkerboard pattern of land; and

      Whereas, The consolidation of the public and private lands located within the checkerboard pattern into larger parcels of public and private lands would improve the management of public lands through enhanced protection of natural resources and would increase the development of private lands which in turn would encourage economic and community development; and

      Whereas, The Nevada Land and Resource Company, as a successor in interest to the Central Pacific Railroad Company, owns in excess of 300,000 acres of the private land that is located within the portion of the checkerboard pattern of public and private lands in Pershing County; and

      Whereas, Representatives of Pershing County, the Nevada Land and Resource Company, and the Bureau of Land Management are collaborating to develop a plan for the consolidation of certain public and private lands located within the portion of the checkerboard pattern in Pershing County, and to ensure that the plan complies with existing local master plans and expands the ad valorem tax base in Pershing County; and


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ê2003 Statutes of Nevada, Page 3751 (File Number 86, SJR 10)ê

 

and to ensure that the plan complies with existing local master plans and expands the ad valorem tax base in Pershing County; and

      Whereas, The Board of County Commissioners of Pershing County has passed Resolution No. 030301 in support of these efforts by representatives of Pershing County, the Nevada Land and Resource Company, and the Bureau of Land Management; and

      Whereas, Federal legislation is necessary for the interested parties to implement the plan to consolidate the public and private lands located within the checkerboard pattern in Pershing County; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 72nd Session of the Nevada Legislature hereby express their support for the concept of consolidation of certain public and private lands in Pershing County in accordance with the plan developed by representatives of Pershing County, the Nevada Land and Resource Company, and the Bureau of Land Management; and be it further

      Resolved, That the members of the 72nd Session of the Nevada Legislature hereby urge that all aspects of the development and formalization of a final plan for the consolidation of certain public and private lands in Pershing County comply with all applicable federal laws and regulations governing the environment, including, without limitation, the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.; and be it further

      Resolved, That the members of the 72nd Session of the Nevada Legislature hereby urge the members of the Nevada Congressional Delegation to introduce and support legislation to implement the plan developed by representatives of Pershing County, the Nevada Land and Resource Company, and the Bureau of Land Management to consolidate certain public and private lands in Pershing County; 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 to the Chairman of the Board of County Commissioners of Pershing County, the Nevada Land and Resource Company, the Secretary of the Interior and the Director of the Bureau of Land Management; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 


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ê2003 Statutes of Nevada, Page 3752ê

 

FILE NUMBER 87, SJR 11

Senate Joint Resolution No. 11–Committee on Finance

 

FILE NUMBER 87

 

Senate Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide for the payment of compensation to the members of the Legislature for each day of service during regular and special sessions and to provide for the payment of reasonable allowances to such members for postage, express charges, newspapers, telecommunications and stationery.

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:

      [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 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] reasonable allowances to members of the Legislature [may incur] for expenses incurred for postage, express charges, newspapers, telecommunications and stationery [not exceeding the sum of Sixty dollars for] during 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.]

________

 


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ê2003 Statutes of Nevada, Page 3753ê

 

FILE NUMBER 88, SCR 40

Senate Concurrent Resolution No. 40–Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Hardy, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 88

 

Senate Concurrent RESOLUTION—Supporting the Mesquite Project, an international aerospace and defense industry showcase and technology exposition, at the Mesquite Airport.

 

      Whereas, The Mesquite Project will establish a world-class international aerospace and defense industry showcase and technology exposition which will be the first of its kind in North America and which will emphasize North American technology, celebrate the history of powered flight, focus on the future implications of space-age technology and inspire a new generation of technology pioneers; and

      Whereas, The global aerospace and defense industry revenue totaled nearly $265 billion in 1999, with the United States’ portion generating $144 billion in 2000, achieving a 54-percent market share and employing in excess of 780,000 people; and

      Whereas, Experts in the industry agree that large international air shows are critical to the success of aerospace companies in the global market and provide companies the most cost-effective method of reaching a broad base of global customers; and

      Whereas, Aerospace is an industry whose products cannot be easily or practically demonstrated everywhere potential markets exist, and western European countries now dominate international aerospace and defense trade shows by hosting them on their home soil; and

      Whereas, The Mesquite Project, by hosting a showcase event in North America, will provide a long overdue, cost-effective alternative to American aerospace companies now participating in western European marketing shows and will serve to significantly expand, develop and diversify our local and state economy by attracting new industries and by expanding existing industries; and

      Whereas, The Las Vegas area is one of only two possible locations in North America capable of hosting the 10-day event, thanks to its international reputation as a first-class destination, its predictable climate, its ability to accommodate the approximately 600,000-plus room nights that will be required, and its construction of a new airport customized specifically to accommodate the Project; and

      Whereas, The Mesquite Project will provide corporations, governments, institutions and industries unique opportunities to showcase their integral roles in developing and advancing aerospace technology; and


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ê2003 Statutes of Nevada, Page 3754 (File Number 88, SCR 40)ê

 

      Whereas, The Mesquite Project will include educational forums, civilian and military flight demonstrations, and international trade symposiums and will create a permanent year-round attraction, including a permanent science center with an IMAX theater, a technology museum and a future youth science academy; and

      Whereas, These events will further expand our existing tourist economy and will act as a catalyst in attracting technological and other aerospace-related industries which will offer rewarding and exciting careers to educated and motivated Nevada residents; and

      Whereas, The Mesquite Project will provide a year-round venue for other aviation events, such as air races and air shows that, when taken together, have the second largest number of spectators in North America, an estimated 18 million per year, ranking only behind Major League Baseball; and

      Whereas, The Mesquite Project has been founded and will be accomplished with the same spirit and determination shown by the Wright brothers in 1903, Charles Lindbergh in 1927, Amelia Earhart in 1932, Chuck Yeager in 1947 and Neil Armstrong in 1969, and is destined to become one of aviation’s triumphs; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature commend the efforts of the City of Mesquite and its Airport Advisory Task Force in developing and supporting the Mesquite Project; and be it further

      Resolved, That the commitment, innovation and determination by all those involved in the Mesquite Project is exemplary of the true Nevada spirit; and be it further

      Resolved, That the Nevada Legislature recognizes the potential for positive and long-term economic benefit to the State and the Nation and enthusiastically encourages the continued development of the Mesquite Project; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Mayor, City Council and Airport Advisory Task Force of the City of Mesquite, Nevada.

________

 

FILE NUMBER 89, SCR 13

Senate Concurrent Resolution No. 13–Senators Wiener, Cegavske, Titus, Rawson, Care, Mathews, Raggio and Washington

 

FILE NUMBER 89

 

Senate Concurrent RESOLUTION—Directing the Legislative Committee on Health Care to conduct an interim study concerning the medical and societal costs and impacts of obesity in Nevada.

 

      Whereas, Obesity manifests itself as one of our nation’s most significant public health concerns as proven by recent statistics from the Centers for Disease Control and Prevention which reveal that in the United States, approximately 38.8 million adults, 19.8 percent of adults in the United States, are classified as obese, and an estimated 9 million children and adolescents between the ages of 6 and 19 years, 15 percent of that age group, are categorized as overweight; and


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ê2003 Statutes of Nevada, Page 3755 (File Number 89, SCR 13)ê

 

      Whereas, These statistics represent such an extremely rapid rise of obesity in our society over the last decade that members of the medical profession attach the word “epidemic” to the problem, a word usually reserved for massive outbreaks of infectious disease; and

      Whereas, Obesity is a chronic disease, and studies show that about one half of children who are overweight by the time they are 6 or 7 years of age remain overweight as adults and 75 percent of adolescents who are overweight will remain overweight as adults; and

      Whereas, Research has established that there is a direct causal relationship between obesity and heart disease, hypertension, stroke, elevated cholesterol, type 2 diabetes, gallbladder disease, arthritis, breathing problems, gout, and forms of cancer such as uterine, cervical, ovarian, breast, gallbladder, colorectal and prostate; and

      Whereas, Statistics for the year 2000 from the Centers for Disease Control and Prevention disclose that 4,089 deaths in Nevada were the result of heart disease and that 3,763 deaths were caused by cancer, and obesity almost assuredly played a role in many of these deaths; and

      Whereas, Not only does obesity affect physical health, but obese persons may also experience low self-esteem, social stigmatism, discrimination, poor body image and increased risk of emotional problems, and disorders such as chronic depression, anxiety and obsessive compulsive disorder have commonly been linked to obesity; and

      Whereas, According to The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity, issued in 2001, an estimated 300,000 people die each year from illnesses directly caused or worsened by being overweight, a fact that prompted former Surgeon General David Satcher to warn that obesity may soon overtake tobacco as the leading cause of preventable death in America; and

      Whereas, In 2000, the total costs of this epidemic in the United States rose to an estimated $117 billion per year, consisting of $61 billion in direct costs for preventive, diagnostic and treatment services for medical care and $56 billion in losses relating to productivity in the workforce and the value of future earnings lost by premature death; and

      Whereas, There is a compelling need for an aggressive program of prevention and treatment because the direct and indirect costs resulting from obesity are expected to increase rapidly as the problem worsens and because the prevention and amelioration of obesity could have a significantly positive impact on health care costs in this state; and

      Whereas, Conquering the problem of obesity must begin with the process of accumulating sound scientific data as a foundation for fostering awareness of the role that genetics, behavior and environment play in obesity and finding solutions to improve the quality of life; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Committee on Health Care is hereby directed to conduct a study of the medical and societal costs and impacts of obesity on the State of Nevada; and be it further

      Resolved, That a subcommittee must be appointed for the study consisting of one Legislator appointed by the Majority Leader of the Senate, one Legislator appointed by the Minority Leader of the Senate, one Legislator appointed by the Speaker of the Assembly and one Legislator appointed by the Minority Leader of the Assembly, all of whom must have served on the Senate Standing Committee on Human Resources and Facilities or the Assembly Standing Committee on Health and Human Services during the 2003 Legislative Session; and be it further


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ê2003 Statutes of Nevada, Page 3756 (File Number 89, SCR 13)ê

 

Facilities or the Assembly Standing Committee on Health and Human Services during the 2003 Legislative Session; and be it further

      Resolved, That one person assigned by the Health Division of the Department of Human Resources and one person assigned by the Department of Education shall also serve as voting members of the subcommittee; and be it further

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

      Resolved, That the study must include, without limitation:

      1.  An analysis of the fiscal impact of obesity on health care costs and productivity in Nevada and a determination of possible savings in health care costs resulting from the prevention and proper treatment of obesity;

      2.  The identification of programs and practices that have been established in Nevada and other states which are cost-effective and could be implemented throughout Nevada;

      3.  Recommendations for programs to increase public awareness regarding the causes, prevention, risks and treatment of obesity;

      4.  An examination of the particular effects of the 24-hour lifestyle and transient nature of some of the population of this state on obesity;

      5.  Recommendations for programs and practices that encourage healthy and balanced fitness and nutritional choices; and

      6.  Any other proposals for legislation relating to health care for obesity that the committee may receive or develop; 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 Committee on Health Care shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

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ê2003 Statutes of Nevada, Page 3757ê

 

FILE NUMBER 90, SCR 31

Senate Concurrent Resolution No. 31–Senators Neal, Carlton, Titus, Schneider, Rawson, Amodei, Care, Cegavske, Coffin, Hardy, Mathews, McGinness, Nolan, O’Connell, Raggio, Rhoads, Shaffer, Tiffany, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Knecht, Anderson, Beers, Arberry, Giunchigliani, Angle, Atkinson, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

FILE NUMBER 90

 

Senate Concurrent RESOLUTION—Directing the Legislative Commission to conduct a preliminary feasibility study of long-range mass transit within the State of Nevada and to large urban areas in neighboring states.

 

      Whereas, With the rapidly increasing population of our state, alternative methods of transportation must be considered to deal effectively with the problems that arise from such an increase; and

      Whereas, Because of the recent changes in the economic climate of our country and our state, and the security concerns of travelers, it would be beneficial to expand the methods of transportation to bring tourists and business people to the State of Nevada; and

      Whereas, Our state is unique in that one must sometimes travel long distances between communities, and alternate transportation suitable to that environment would allow those distances to be traversed in a very short period; 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 to conduct a preliminary feasibility study of the long-range mass transit needs of the State of Nevada and its communities, including, without limitation:

      1.  Buses and other motor vehicles that travel on the streets and highways of this state;

      2.  Light rail service between urban, suburban and rural communities;

      3.  Magnetic levitation trains and other forms of rapid mass transit, both within this state and extending to large urban areas in neighboring states;

      4.  Commuter trains;

      5.  Monorail systems; and

      6.  Other forms of mass transit; and be it further

      Resolved, That the study must include, without limitation, an evaluation of:

      1.  Alternative future transportation systems;

      2.  Factors such as public safety, environmental protection and efficiency;

      3.  Economic concerns; and

      4.  Infrastructure needs; and be it further


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

ê2003 Statutes of Nevada, Page 3758 (File Number 90, SCR 31)ê

 

      Resolved, That the Legislative Commission shall submit a report of the results of the preliminary feasibility study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 91, ACR 10

Assembly Concurrent Resolution No. 10–Committee on Elections, Procedures, and Ethics

 

FILE NUMBER 91

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the operations of the Public Employees’ Benefits Program.

 

      Whereas, The Public Employees’ Benefits Program was established in 1999 as the state agency legislatively approved to provide group life, accident or health insurance, or any combination of these, for state and nonstate public active and retired employees, and surviving spouses and children of certain persons formerly employed by a participating public agency; and

      Whereas, As of January 2003, there were 22,345 active state employees and 5,105 retired state employees who rely on the Program for their group health insurance coverage; and

      Whereas, In addition, another 1,706 active nonstate public employees and 1,570 retired nonstate public employees, and 288 eligible survivors rely on this health insurance coverage as well; and

      Whereas, In recent months, allegations have been raised regarding the effectiveness, efficiency and efficacy of the Program; and

      Whereas, Public employees and public employers across Nevada are experiencing cost increases for this coverage and they recognize that larger groups have stronger buying power when seeking coverage; and

      Whereas, Many public employees are covered under collective bargaining agreements which need to be changed if a statewide public employee insurance plan is to be established; and

      Whereas, Many of the employees and retirees and their families who are covered under the group health insurance provided by the Program are asking for assistance in resolving an untenable situation which has resulted in extraordinarily high premiums for this coverage; 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 committee composed of three members of the Assembly and three members of the Senate to conduct an interim study of the operations of the Public Employees’ Benefits Program relating to the provision of group health insurance; and be it further

      Resolved, That the Legislative Commission shall designate a Chairman of the committee who shall appoint an advisory committee of at least nine members, who are not Legislators, as follows:

      1.  At least one representative of the Retired Public Employees of Nevada or its successor organization;

      2.  At least one representative of the Nevada Association of Counties, or its successor organization, or the Nevada League of Cities, or its successor organization;


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ê2003 Statutes of Nevada, Page 3759 (File Number 91, ACR 10)ê

 

      3.  At least one representative of the State of Nevada Employees Association or its successor organization;

      4.  At least one person who possesses knowledge concerning the management of risk or the management of insurance trusts;

      5.  At least one provider of health insurance;

      6.  The Executive Officer of the Board of the Public Employees’ Benefits Program; and

      7.  Representatives of other local public employee organizations and representatives of public employers; and be it further

      Resolved, That the study must include, without limitation:

      1.  An examination of the methods used for determining premiums, equitable employee contributions based upon actual costs to this state and coverage for active and retired state and nonstate public employees and their dependents;

      2.  A review of the administration and solvency of the Fund for the Public Employees’ Benefits Program;

      3.  A review of the financial contributions, if any, that nonstate public employers have made to assist their retired employees in maintaining health insurance coverage;

      4.  The feasibility of soliciting proposals for a contract that would take over the entire statewide operation or the regional operation of group health insurance funded by public employees and public employers;

      5.  An examination of relevant facts to determine whether all members of the Public Employees’ Retirement System should be required to participate in a statewide program of health insurance funded by public employees and public employers;

      6.  The desirability of eliminating or changing the composition of the Board of the Public Employees’ Benefits Program;

      7.  Consideration of whether it is feasible or desirable to allow voluntary participation of public employees and public employers in such a Program;

      8.  The feasibility and desirability of establishing a program similar to the Federal Employees Health Benefits Program, which provides a choice through local and national carriers;

      9.  Consideration of how the nonstate public employers should contribute to the costs of insurance for employees who retire from their service;

      10.  Consideration of requiring nonstate public employers’ benefit plans to include reinstatement rights for their retirees, as currently required by the Public Employees’ Benefits Program;

      11.  Consideration of options for prefunding retiree health benefits for all members of the Public Employees’ Benefits Program;

      12.  Consideration of a state subsidy mechanism providing for a specific dollar amount or a specific percentage of the cost for employees and separately for their dependents, including an appropriate funding method;

      13.  A review of this state’s retiree subsidy formula for past, present and future retirees and an appropriate funding method to address the current structural deficit;

      14.  Consideration of the feasibility, desirability and financial impact of authorizing large groups of participants to withdraw from the Public Employees’ Benefits Program to obtain group insurance from other sources;


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

ê2003 Statutes of Nevada, Page 3760 (File Number 91, ACR 10)ê

 

      15.  Consideration of the feasibility and financial impact of the State of Nevada forming one or more purchasing coalitions with surrounding states or private entities, or both; and

      16.  An analysis and review of issues related to:

      (a) Pharmaceutical programs that are designed to reduce the price of prescription drugs for:

             (1) Persons of low income in this state;

             (2) Enrollees in this state’s health benefits plan; and

             (3) Participants in programs administered by this state that make available or provide prescription drugs;

      (b) Prescription drug buying clubs that are used in other states and the potential for such clubs to assist the residents of this state in reducing their expenses for prescription drugs;

      (c) Methods to access manufacturer rebates for prescription drugs to assist the residents of this state in reducing their expenses for prescription drugs;

      (d) Interagency bulk purchasing and interstate buying of prescription drugs to reduce the prices of prescription drugs for this state’s programs and health benefits plan;

      (e) Methods to negotiate for lower prices on prescription drugs and a plan to carry out the methods; and

      (f) Methods to control the prices of prescription drugs for this state’s programs that provide pharmaceutical assistance to persons of low income in this state and for enrollees in this state’s health benefits plan; and be it further

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

      Resolved, That the Legislative Commission shall submit a progress report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature and a final report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

________

 

FILE NUMBER 92, ACR 18

Assembly Concurrent Resolution No. 18–Committee on Judiciary

 

FILE NUMBER 92

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the juvenile justice system in Nevada.

 

      Whereas, The juvenile court system was created in the United States in the early 20th century on the philosophy that children are inherently different from adults and that states should take on the responsibility of protecting and rehabilitating young offenders; and

      Whereas, The fundamental difference between the juvenile justice system and the criminal justice system is that rehabilitation is considered to be the primary goal for young offenders and, despite actual declines in youth crime rates, research indicates an increasing emphasis on punishment and detention and a decreasing emphasis on treatment and rehabilitation; and


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

ê2003 Statutes of Nevada, Page 3761 (File Number 92, ACR 18)ê

 

crime rates, research indicates an increasing emphasis on punishment and detention and a decreasing emphasis on treatment and rehabilitation; and

      Whereas, Institutionalization of young offenders has proven expensive and Nevada spends an average of $95 to $105 per day, or almost $40,000 per year, on each such offender, which is more than four times the cost of full-time enrollment at a state university for 1 year; and

      Whereas, Serious concerns have been raised regarding the resources available to rehabilitate young offenders and the quality of supervision and treatment of such youth in state juvenile correctional facilities; and

      Whereas, The Legislative Commission’s Subcommittee to Study the System of Juvenile Justice in Nevada (A.C.R. 13, Statutes of Nevada 1999) identified numerous areas of concern and recommended that the 2001 Legislature create a statutory committee to continue its study of the juvenile justice system, but this committee was not created; and

      Whereas, Because the Legislature is responsible for funding the State’s juvenile justice system and addressing the needs of young offenders, continued study of the juvenile justice system will assist the Legislature in making informed decisions concerning such funding and care; 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 committee consisting of three members of the Assembly and three members of the Senate who are representative of the various geographical areas of this state to conduct an interim study of the juvenile justice system in Nevada; and be it further

      Resolved, That the study must include, without limitation, consideration of:

      1.  A coordinated continuum of care wherein a broad array of community-based program and service options are combined to ensure that health services, substance abuse treatment, education, training and care are compatible with each youth’s specific needs;

      2.  Individualized supervision, care and treatment to accommodate the individual needs and potential of the youth and his family, and treatment programs which integrate such youth into situations of living and interacting that are consistent with a healthy, stable and family-like environment;

      3.  Aftercare and reintegration wherein youth continue to receive the support of treatment services following their active rehabilitation in a facility to prevent the relapse or regression of progress achieved during the recovery process;

      4.  Overrepresentation and disparate treatment of minority youth in the juvenile justice system, including a review of the various places where bias may influence decisions concerning minority youth;

      5.  Gender specific services, including programs that consider female development in their design and implementation and that address girls’ needs, including victimization and abuse issues, substance abuse, mental health and educational needs, and vocational and skills training that may provide a meaningful life and livable wage following release;

      6.  Quality of care in state facilities, including staff qualifications and training, documentation of agency and facility performance, coordination and collaboration of agencies, availability of services relating to mental health, substance abuse, education, vocational training, and treatment of sexual offenders and violent offenders, and the feasibility and necessity for independent monitoring of state facilities; and


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

ê2003 Statutes of Nevada, Page 3762 (File Number 92, ACR 18)ê

 

offenders and violent offenders, and the feasibility and necessity for independent monitoring of state facilities; and

      7.  Programs utilized by different states such as Missouri which has developed a system of community-based residential and non-residential programs that allow young offenders to be placed in more specialized programs according to their needs and which has produced recidivism rates as low as 11 percent; and be it further

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

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 93, SCR 32

Senate Concurrent Resolution No. 32–Committee on Legislative Affairs and Operations

 

FILE NUMBER 93

 

Senate Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the criminal justice system in rural Nevada and of transitional housing for released offenders.

 

      Whereas, The present budget crisis in Nevada is being keenly felt in the rural counties of this state; and

      Whereas, The relatively sparse populations and the great distances between population centers increase the difficulties faced by the judicial system in this state’s rural areas; and

      Whereas, The State has mandated programs in areas where there are no providers of such programs within several hundred miles; and

      Whereas, It has become necessary that steps be taken to ensure equal justice for all residents of Nevada; and

      Whereas, The Judicial Council of the State of Nevada empaneled the Commission on Rural Courts which has worked diligently to identify and propose solutions for the problems within the criminal justice system in rural Nevada; and

      Whereas, More than 2 million people are now incarcerated in the United States, a four-fold increase over the past 25 years, and statistics show that two-thirds of those released will be rearrested within 3 years and that 40 percent will be returned to custody; and

      Whereas, One of the greatest challenges facing American society today is the reintegration of the more than 600,000 inmates who leave state and federal prisons to return home each year, with far-reaching consequences; and

      Whereas, In the State of Nevada, the Department of Corrections releases over 4,800 inmates every year to return to communities that are ill-equipped to handle the many demands this places on the limited resources available; and


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

ê2003 Statutes of Nevada, Page 3763 (File Number 93, SCR 32)ê

 

      Whereas, While states and the Federal Government have allocated increasing shares of their budgets to building and operating prisons, transitional housing is an alternative that has proven to be more cost-effective and to have a positive impact on the released offenders; and

      Whereas, When an offender is released directly back into the community from which he came, he is often returning to the friends and environment that contributed to his criminal conduct and too easily falls back into destructive patterns of behavior, which may include alcohol or drug abuse, domestic violence and gang activity, and he may not be welcomed back into his own home because of the chaos he has caused in his family; and

      Whereas, Many released offenders are uneducated, have poor life-management skills, and have little or no job skills, resulting in bleak futures upon their release; and

      Whereas, Many of those released have infectious diseases, such as tuberculosis, hepatitis, HIV and AIDS, and 16 percent of offenders have some form of mental illness; and

      Whereas, Studies have shown that offenders released into transitional housing, which provides them with food and shelter, a supportive environment, peer review, mentors, counseling, job skills and education, have fewer problems reintegrating into their communities and have a much lower rate of recidivism; and

      Whereas, Since many released offenders have not had to make their own decisions for years and may have feelings of rage, hostility and shame, transitional housing provides the offender with a controlled environment where he is held accountable for his actions while learning how to adjust to a new living situation, thus easing his transition from prison life to community life and allowing him to become a productive member of society; and

      Whereas, Since more than 1.5 million children in the United States have a parent in prison and a child of an inmate is five times more likely than the average child to serve time in prison as an adult, it is essential that those offenders who are parents successfully reintegrate back into their communities; and

      Whereas, The State of Nevada recognizes the economic and social importance of transitional housing and similar programs for offenders who are released back into the community after confinement; 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 to conduct an interim study of:

      1.  The criminal justice system and associated services and agencies in the rural areas of Nevada; and

      2.  The feasibility of implementing a program for transitional housing for felony offenders released on probation or parole or released after discharge from the Department of Corrections; and be it further

      Resolved, That the committee must be composed of six Legislators as follows:

      1.  Two members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Judiciary during the immediately preceding session of the Legislature;

      2.  One member appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Finance during the immediately preceding session of the Legislature;


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

ê2003 Statutes of Nevada, Page 3764 (File Number 93, SCR 32)ê

 

      3.  Two members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Judiciary during the immediately preceding session of the Legislature; and

      4.  One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Ways and Means during the immediately preceding session of the Legislature;

And be it further

      Resolved, That the members of the committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house; and be it further

      Resolved, That the Legislative Commission shall appoint an advisory group of 13 nonvoting members to assist the committee with that portion of the interim study which pertains to the criminal justice system and associated services and agencies in the rural areas of Nevada. The advisory group must consist of the Director of the Administrative Office of the Courts

      1.  Two district court judges;

      2.  One justice of the peace and one municipal court judge;

      3.  Two persons who serve in the capacity of court clerk to courts;

      4.  Two district attorneys;

      5.  Two persons representing local law enforcement; and

      6.  Two county commissioners;

And be it further

      Resolved, That at least one-half of the members of the advisory group must be appointed from the current membership of the Commission on Rural Courts; and be it further

      Resolved, That the members of the committee and advisory group shall comply with the provisions of chapter 241 of NRS; and be it further

      Resolved, That the interim study must include, without limitation:

      1.  A comprehensive review and evaluation of the following areas relating to the criminal justice system and judicial operations in the rural counties of this state:

      (a) The adequacy of present judicial facilities, including, without limitation, courthouses, courtrooms, jails and juvenile detention facilities, with respect to size, age, security, overcrowding and number of facilities available;

      (b) The shortage of staff, including, without limitation, circuit court clerks and justices of the peace, and the need for additional education and training for existing judicial staff;

      (c) The shortage or lack of service providers, including, without limitation, alcohol and drug abuse counselors, mental health counselors and other professionals who provide specialized treatment to persons with certain physical and mental disorders;

      (d) The lack of attorneys and the lack of assistance for residents who represent themselves in court, and the limited number of available and eligible jurors because of sparse populations;

      (e) Geographical constraints because of great distances between population centers and adverse weather conditions at certain times;

      (f) Inadequate technology, including, without limitation, state-of-the-art telecommunications services and a user-friendly case management system;

      (g) The availability of interpreters, consular corps and other persons or groups who can provide legal assistance to racial or ethnic minorities; and

      (h) The effect of unfunded mandates on rural courts;


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

ê2003 Statutes of Nevada, Page 3765 (File Number 93, SCR 32)ê

 

      2.  The specific problems to be addressed while an offender is living in transitional housing, such as employment, alcohol and drug abuse, domestic violence and health issues, and the community resources available to address these problems;

      3.  The evaluation of other programs for transitional housing that have been successful, including, without limitation:

      (a) Programs that require offenders to give back to their communities by volunteering, such as building houses for Habitat for Humanity or counseling young people in trouble with the law; and

      (b) Programs such as the Delancey Street Foundation and the Altamont Program, where offenders are trained in such careers as culinary arts, catering, building trades, and motel and restaurant operations;

      4.  A cost comparison of keeping an offender in confinement versus releasing him to transitional housing;

      5.  The development of reentry plans for offenders scheduled for release and methods to be used to identify likely candidates for transitional housing;

      6.  The costs of building and operating a transitional housing facility, by size, by scope of service and by location;

      7.  The standards to be required of a transitional housing facility, such as organization, house rules and consequences for negative behavior, to ensure a structured, positive environment, and the varying degrees of restrictions and monitoring required for certain offenders;

      8.  Specific requirements that must be met by a transitional housing facility to receive licensing, including a review of the related requirements of state and federal agencies;

      9.  Identification of any unique or specific issues to be addressed for youthful offenders, women and the mentally ill;

      10.  Solutions to best address transitional housing for sex offenders because of the safety concerns of the community in having these offenders living in their neighborhoods and the hostility of persons in the community towards these offenders;

      11.  Methods to be used to ensure communication between transitional housing facilities and the Division of Parole and Probation of the Department of Public Safety, such as reports and methods of monitoring facilities and offenders; and

      12.  A review of the practices and resources of the Department of Corrections and the Division of Parole and Probation of the Department of Public Safety concerning the release of offenders into the community;

And be it further

      Resolved, That, on or before February 1, 2004, the committee shall submit a report of its progress on the study to the Legislative Commission; and be it further

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

      Resolved, That, on or before September 1, 2004, the committee shall submit a final report of the study to the Legislative Commission; and be it further

________

 


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ê2003 Statutes of Nevada, Page 3766 (File Number 93, SCR 32)ê

 

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 94, SCR 41

Senate Concurrent Resolution No. 41–Committee on Finance

 

FILE NUMBER 94

 

Senate Concurrent RESOLUTION—Providing the items for consideration by the Superintendent of Public Instruction in compiling the biennial budgetary request for the State Distributive School Account.

 

      Whereas, Section 2 of Article 11 of the Constitution of the State of Nevada requires the Legislature to provide for a uniform system of common schools; and

      Whereas, Section 6 of Article 11 of the Constitution of the State of Nevada requires the Legislature to provide for the support and maintenance of the common schools by direct legislative appropriation from the General Fund; and

      Whereas, An effective public school system which produces active and informed residents is essential to the development of an educated workforce to serve the economy of the State of Nevada; and

      Whereas, The Nevada Association of School Superintendents and the Nevada Association of School Boards have worked cooperatively to propose a long-term vision for public education, commonly referred to as “iNVest,” in an effort to improve the academic achievement of pupils enrolled in elementary and secondary schools in this state; and

      Whereas, The Legislature believes that the elements of the iNVest proposal provide a sound blueprint when the Legislature considers methods to improve the academic achievement of pupils; and

      Whereas, The Legislature recognizes it is important that school districts:

      1.  Are provided with basic support to the extent practicable and sufficient to ensure the effectiveness of the public schools, which to the extent practicable includes the inflationary costs for nonsalaried expenditures;

      2.  Have funding for books, supplies and equipment to the extent practicable and sufficient to ensure the effectiveness of the public schools;

      3.  Have funding for programs designed for pupils who have limited proficiency in the English language to the extent practicable and sufficient to ensure the effectiveness of the public schools; and

      4.  Maintain an ending fund balance to the extent practicable and sufficient to meet the needs of the public schools; and

      Whereas, The Legislature recognizes the importance for school districts to attract and retain a qualified workforce, which includes the provision of cost-of-living adjustments, adequate health benefits for employees and adequate compensation for teachers who provide instruction in high impact and special need areas; and


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

ê2003 Statutes of Nevada, Page 3767 (File Number 94, SCR 41)ê

 

      Whereas, The Legislature recognizes that there are a variety of meritorious ways that the educational system can assist pupils to meet the demands of rigorous academic standards, including, without limitation, increasing the instructional time for pupils by adding additional days to the school year, providing full-day kindergarten to the extent practicable, especially for children who are at risk, and providing summer school, after-school programs and tutorial programs for pupils who need additional assistance; and

      Whereas, The opportunities available to Nevada’s pupils would be enhanced by the provision of career and technical educational courses, the enhancement of classroom discipline and the maintenance of class-size reduction; and

      Whereas, It is the intended goal of the Nevada Legislature to work in partnership with the State Board of Education, the Governor, the Nevada Association of School Superintendents, the Nevada Association of School Boards and other such dedicated organizations to continue to develop and carry out educational strategies that are designed to improve the academic achievement of pupils enrolled in the public elementary and secondary schools in this state, including, without limitation, methods to increase the financial support for public schools; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That, the Superintendent of Public Instruction may compile the biennial budgetary request for the State Distributive School Account prepared by the Department of Education and, in compiling the request, may take into account, without limitation, the following items:

      1.  The projected enrollment of pupils for each school district and for the school districts as a whole;

      2.  The projected costs of salaries and benefits for existing and newly hired teachers, and for other school district employees, including, without limitation, the cost of programs of enhanced compensation and the cost of living adjustments recommended by the Superintendent of Public Instruction;

      3.  The projected costs of supplies, equipment, services, fuel and utilities based upon such published indices, reports and research as the Superintendent of Public Instruction considers are credible and reliable regarding those costs to schools;

      4.  The projected cost of existing and proposed educational programs, including, without limitation, enhancements to existing programs that are not included in the per pupil basic support guarantee; and

      5.  The revenue that is anticipated to be available for the general operations of school districts other than money available from the State General Fund; and be it further

      Resolved, That the Superintendent of Public Instruction may include a compilation of the items with the biennial budgetary request for the State Distributive School Account prepared by the Department of Education; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Superintendent of Public Instruction.

________

 


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

ê2003 Statutes of Nevada, Page 3768ê

 

FILE NUMBER 95, ACR 32

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

 

FILE NUMBER 95

 

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, 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 72nd Session of the Nevada Legislature, and their efforts have ensured timely and efficient printing of all bills, resolutions, histories, indices and journals; 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, 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 72nd 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

      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.

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