THE SIXTIETH DAY
Carson City(Thursday), April 1, 1999
Senate called to order at 11:10 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Richard Campbell.
Almighty and most gracious God: It is to You that we look for every good and perfect gift. It is to You that we direct our thanksgiving this day. We give thanks for a night of rest and the beauty of a new day. Be present with us and guide us. Make us aware of the needs of the people and grant us wisdom, compassion and love to serve them in our actions. Bless this Senate, give them strength and courage to do Your will. We pray in Your Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 352, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Jon C. Porter, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Senate Bill No. 291, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 31, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 27.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 251, 447, 612.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 131, 332, 414.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 6.
Resolution read.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 99.
Amend the resolution, page 2, line 15, after “2.” by inserting: “The model proposed by the National Program Office on Self-Determination to use principles of self-determination to provide long-term care to persons with disabilities;
3.”.
Amend the resolution, page 2, line 20, by deleting “3.” and inserting “4.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution file.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:25 a.m.
SENATE IN SESSION
At 11:28 a.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 1, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 42, 43.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 42—Memorializing former Chief of the Legislative Police Jerry A. Kenney.
Whereas, The members of the Nevada Legislature note with profound sorrow the passing of former Chief of the Legislative Police, Jerry A. Kenney, on December 27, 1997; and
Whereas, Jerry Kenney was born January 18, 1936, to Patrick and Florence Keegan Kenney of LeMars, Iowa; and
Whereas, While employed by the Los Angeles Police Department from 1959 to 1979, Jerry Kenney received an honorable discharge from the United States Marine Corps in 1962, and, in 1976, he earned an Associate of Arts degree from Moorpark Junior College in Moorpark, California; and
Whereas, After retiring as a detective from the Los Angeles Police Department, Jerry and his family moved to Carson City; and
Whereas, Jerry Kenney was hired as an officer with the Legislative Police on March 3, 1985, because of his knowledge and experience in law enforcement, and was promoted to Lieutenant of the Legislative Police on July 1, 1987; and
Whereas, On September 8, 1992, Jerry Kenney was promoted to Chief of the Legislative Police and continued in this capacity until his untimely death; and
Whereas, This avid fan of the Los Angeles Dodgers was named an “Outstanding Dad” by the team on July 20, 1991, and was always prepared to help any willing listener understand just how great the Dodgers were; and
Whereas, Jerry Kenney served as regional Chairman and Vice Chairman of the National Legislative Services and Security Association, a group of state legislative officers and sergeants-at-arms, and held numerous professional certificates which he had received throughout his career in law enforcement; and
Whereas, Following his death, flags at the Nevada Legislature were flown at half-mast for several days to pay tribute to this highly regarded officer; and
Whereas, Jerry Kenney is survived by his beloved wife, Gay Swetman Kenney of Carson City, his son, Jim of Ventura, California, daughter, Kathleen Hughes of Reno, brothers, Tom Letsche of Remsen, Iowa, and Patrick Kenney of Rapid City, South Dakota, and 10 grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature express their heartfelt condolences to Jerry’s wife, Gay, and the rest of his beloved family; and be it further
Resolved, That Jerry Kenney will long be remembered because of his easy-going nature, his loyalty to the L.A. Dodgers and his dedication to the Nevada Legislature and law enforcement; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jerry’s loving wife, Gay.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senators Jacobsen, McGinness, Raggio and Rawson.
Senator Jacobsen requested that the following remarks be entered in the Journal.
Senator Jacobsen:
Thank you, Madam President. It is indeed an honor for me to rise in support of Assembly Concurrent Resolution No. 42. I started the Security Division many years ago when there was none in place. To see what we have today is just super. Certainly, Chief Kenney was one of those special people. Sitting on the review committee, I sort of reminisce this morning and remember, as we reviewed the individuals who applied for the job, that it was unanimous that one person who applied met all of the qualifications. This was mostly because he was just such a special person. We realized that the Chief of the Legislative Police had to cater to 63 so called prima donnas and many others who had the opportunity to be present in this building. This was not an easy chore. It was much different from being a lawman or police officer. The needs around here are somewhat different. With Jerry, the thing that impressed me was that he was the kind of person who took things slow and easy. Nothing really excited him although there were times when he got upset about something that happened to someone in this building.
Ladies and gentlemen, his No. 1 priority was with the person seated here with me, his wife Gay. He worried more about her than anyone else. No. 2 in priority was everyone who served in this Legislature, especially the Legislators and those who visited this building. He seemed to have a knack about him that he could walk up, tap you on the shoulder and say “you have a telephone call” when someone was chewing you out. That was his nature. He liked to find out what your problem was and try to help you with it.
I was privileged to be one of the speakers at his service. I was honored just to be in his presence. I am reminded this morning that one day he called and said “Senator, I have to talk with you a minute.” I told him that I would be down to his office sometime that day. I’m sure that most of you do not realize that there used to be three flagpoles in front of this building. One of them is gone, but it has a new location today. Chief Kenney was responsible for that. He asked me to help have it moved to the Northern Nevada Correctional Center where a new rifle range was built. He qualified at that range and so felt that he owned part of that range. He wanted an American flag at that facility. Without asking permission of anyone, we got Sierra Pacific Power to move the pole. It sets there today in his memory. I think people like Jerry Kenney make this a better place for each and every one of us. I realize that, when you serve here, you have a different kind of need and different type of observation of who you think is friendly or unfriendly. Jerry had the ability to bridge that.
Maybe that is why he liked the Los Angeles Dodgers baseball team so well. We argued about that a time or two since I thought the San Francisco Giants were more important. I never could seem to win that battle.
I think his entire life was tempered in looking after people, especially his wife and his family. I think each one of us is honored that he gave special attention to us. To see the members of the Security Force in attendance this morning is commendable. We serve on a national organization. Jerry was one of those kind of people who fitted in anywhere. He was accepted by the people who belonged to the national organization, the NLSSA, which has members from all the 50 states.
I want to say to the members of the family that they had a super dad, super husband and that he was one of those people you could not help but love. His memory will always be with us.
Senator McGinness:
Thank you, Madam President. I am a big fan of the Giants myself. When Jerry found that out, he was all over me all the time, especially when we bet on the Giant/Dodger games. When there was a three-day series coming up, we would always bet on that series. It started out that we bet $1. When I lost, I gave him three 27 cent stamps and 13 pennies. He didn’t think that was too funny.
When Jerry passed away, I still owed him a lunch. When I was here to attend an interim committee, we would set a lunch date. So, I’ll still owe him that lunch.
There was a Giant/Dodger series. The Giants won the first two games. I went home and painted a little whiskbroom orange and black and could not wait to give it to him. But, the Giants lost the third game. One time, when the Giants lost three games to the Dodgers, the next morning there was a blue broom and a Dodger hat hanging outside my door. I tried to move it inside my office, but he moved it back out in the hall. I’m still a good Giant fan, but I will keep this Dodger hat in my office.
Senator Raggio:
Thank you, Madam President. On behalf of the Senate, I appreciate the presence of all the members of the Legislative Police who are here today. I think this shows the great respect that each of them had for former Chief Jerry Kenney.
Senator Rawson:
Thank you, Madam President. I also was very impressed to see all of our Legislative Police here today. They are such an impressive group to be around. They take such good care of us. I appreciate the time I spend with them which is usually in the car being driven back and forth to the airport. I appreciate their courtesy and their help.
Resolution adopted.
Assembly Concurrent Resolution No. 43—Commending Carol Van Wagoner for her outstanding watercolor paintings of the state symbols of Nevada.
Whereas, Carol Ann Jeffery was born in the little farming community of Delta, Utah; and
Whereas, Carol began developing her artistic talent as a young child by drawing during her spare time; and
Whereas, Carol’s artistic talents were officially recognized in her second year of college when she won the “Painting of the Year” while attending Dixie College; and
Whereas, After graduation from Brigham Young University with a Bachelor of Arts degree, Carol went on to teach school for 1 year before marrying David Van Wagoner and starting her new career of motherhood, raising their six children; and
Whereas, When the Van Wagoners’ youngest child entered school, Carol returned to teaching in the Clark County School District where she has spent 6 out of 10 years as a teacher at the R. Guild Gray Elementary School; and
Whereas, This innovative school recently unveiled their “Nevada Wall,” an exhibit that includes copies of historical documents, a copy of the state seal, a state flag that had flown over Carson City, a copy of the Nevada Constitution and materials from the Carson City Mint; and
Whereas, One of the biggest challenges in completing the “Nevada Wall” was to find renderings of the state symbols of Nevada; and
Whereas, When none were found, Carol Van Wagoner, R. Guild Gray’s art teacher, offered to paint watercolors of every state symbol; and
Whereas, Within 3 months, using her imagination and the most vivid colors, Carol painted every state symbol with such color and clarity that their addition to the “Nevada Wall” captured the true feeling of the state symbols of Nevada; and
Whereas, During this 70th legislative session, these magnificent watercolor paintings have been proudly displayed on the third floor of the Legislative Building; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That Carol Van Wagoner is hereby commended for her contributions to this state through her dynamic watercolor paintings of the state symbols of Nevada; and be it further
Resolved, That this legislative body is most appreciative to have been given the opportunity to observe and admire these true works of art that portray patriotism and pride for the State of Nevada through the artistic expression of Carol Van Wagoner; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Carol Van Wagoner.
Senator James moved the adoption of the resolution.
Remarks by Senator James.
Senator James requested that his remarks be entered in the Journal.
Thank you, Madam President. It is really a pleasure for me to rise and speak on behalf of Assembly Concurrent Resolution No. 43. I have a personal connection to this matter as well as my connection to it as a proud Nevadan. Let me say that we often hear, on this floor and throughout the Legislature, about the problems with public schools and how they do not go the extra mile to bring education home to their youth. In my own experiences, this has never been the case. I was educated in Nevada and been connected to the public schools for so many years and currently with the education of my own young children. Both of my children had the pleasure of going to R. Guild Gray Elementary School which is in my Senate District in Las Vegas. Through some people you will meet here, the idea was formed for this “Nevada Wall.” First they had a “History Wall.” This body would be interested to know that several of the critical documents in the founding of our country were enshrined on the History Wall, including the United States Constitution, the Nevada Constitution and others for the kids to look at and learn about. They later had the idea to do a “Nevada Wall” which would be peculiar to Nevada. It was very interesting because they thought they would put some documents about Nevada on that wall. I helped them to get a picture of then Governor Miller which is on the wall. Members of the community and school donated items for the Wall. When they started to put the state symbols on the wall, they found that there were no official renderings of the thirteen state symbols. It was amazing that in that public educational facility, they had a person of the talents of Carol Van Wagoner. She is a truly amazingly gifted artist. These works are displayed on the third floor of the Legislative Building, as the resolution notes, but they are also all displayed in my office. When I attended the unveiling of the Nevada Wall and saw these renderings, I was so impressed with them that I bought a copy of all of them. I had them framed and trucked them here for display in my office. Every person who walks in that room pauses to look at them and asks where they came from. I am then able to tell them about this amazingly talented person, Carol Van Wagoner. She could obviously go anywhere and make a living as an artist. Yet, she has elected to teach our kids. This is amazing to me and testimony to the greatness of our public school system. We don’t hear enough about the good things in the system. This is an example of that. Carol Van Wagoner has painted all 13 symbols in 10 paintings. She has prints available if you would like them for yourselves. Perhaps, in some future session of this Legislature, these renderings will be adopted as the official renderings of the symbols of Nevada. With that, I would ask that the members of the Senate support this resolution.
Resolution adopted.
REMARKS FROM THE FLOOR
Senator Raggio requested that his remarks be entered in the Journal.
I would like to read into the record today a Proclamation by Governor Kenny Guinn that was delivered this morning dated March 22, 1999.
WHEREAS the Nevada Highway Patrol was created on July 1, 1949 with 25 officers chosen to enforce state law, preserve order, and protect life; and
WHEREAS, the principles upon which those officers stood have nourished a law enforcement agency whose family now includes 612 dedicated employees; and
WHEREAS, the members of the Nevada Highway Patrol have provided fifty years of service and integrity to the citizens and visitors of the State of Nevada; and
WHEREAS, the service and integrity is constituted upon fortitude and honor, the desire to lessen human suffering, the commitment to protect the peaceful against violence and the duty to provide assistance to those in distress; and
WHEREAS, this dedication has enhanced the quality of life and the distinguished service has protected the prosperity of fellow citizens; and
WHEREAS, this dedication has enhanced the quality of life and the distinguished service has protected the prosperity of fellow citizens; and
WHEREAS, the 50th year of the Nevada Highway Patrol signifies the golden anniversary of pride, honor and distinction.
Now, Therefore, I, Kenny C. Guinn, Governor of the State of Nevada, do hereby proclaim July 1, 1999 as
A Day in Honor
Of the
Nevada Highway Patrol
“Fifty Years of Service”
Senator Raggio:
The actual day of honor is July 1, 1999, and we should authorize an appropriate resolution from the Legislature to go along with the Governor’s proclamation on this day. I am sure that all of the Senators would concur that all of us in our duties as legislators have come in contact with the men and women representing this law enforcement agency. Without exception, these individuals have shown great commitment and dedication to their profession. We have watched the agency grow with the growth of the State, dealing with the more complex problems that a growing state such as ours has. They talk about a “thin blue line” when talking about law enforcement. Certainly, the Nevada Highway Patrol is an important segment of that “thin blue line” that stands between those that would do violence to individuals, to our citizens and those who protect us against that kind of violence. Today, I am very pleased to have as a representative here of the Highway Patrol, Lt. Mark Malloy who has 20-years of service. He is responsible on behalf of the Highway Patrol for the little commemorative badge that each of you has on your desk. That is a recognition from the Highway Patrol to all the members of the Legislature. We accept that with great appreciation. I am also here to indicate that the Highway Patrol is having a reception today at 1 p.m. at the Nevada State Museum, and they will be placing on display a collection of the commemorative badges and other memorabilia. I know they would be pleased to have us acknowledge that and to attend if at all possible.
Senator Schneider requested that his remarks be entered in the Journal.
Today is Realtor Day in Nevada. The real estate industry is possibly the largest industry if you combine it with construction. The realtors of this State handle the largest investment most people with ever have, their home. I was a realtor for a long time and worked hard with the legislative committee for the realtors. I appreciate all the work they do and the effort they put forth for us. I have told many people that before the fall of Russia, the difference between us and the Russians was that Russia did not have realtors. They had no one to sell property. Property was all owned by the state. Here we are a free country, and the realtors make our whole world go around.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 131.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 251.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 332.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 414.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 447.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 612.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bill No. 89 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senators Raggio and Neal.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 280.
Amend sec. 2, page 1, line 4, by deleting “nine” and inserting “10”.
Amend sec. 2, page 1, line 6, by deleting “five” and inserting “six”.
Amend sec. 2, page 1, line 8, by deleting “Four” and inserting “Five”.
Amend sec. 2, page 2, line 2, after “district.” by inserting: “At least one member appointed by the governor pursuant to this paragraph must be a teacher who possesses knowledge and experience in the assessment of pupils who are enrolled in public schools.”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 5 through 7.
Amend sec. 8, page 6, line 7, by deleting: “5, 6 and 7” and inserting: “5 and 6”.
Amend the title of the bill by deleting the third and fourth lines and inserting: “an appropriation to the department of education for the payment of the per diem allowances and travel expenses of members of the advisory committee; and providing other matters properly”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 41.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 98.
Amend sec. 2, page 2, by deleting lines 36 through 40 and inserting:
“6. If the board of trustees of a school district approves an application, the board of trustees shall enter into a written agreement with the pupil which may include, without limitation, conditions of behavior with which the pupil must comply while enrolled in the public school and a minimum grade-point average that the pupil must maintain while enrolled in the public school. If a pupil satisfies the conditions of the agreement, he may remain in the public school for succeeding school years without submitting an application pursuant to this section if space for the pupil is available. If space for the pupil is not available in that public school, he may return to the public school that he is otherwise required to attend or submit an application pursuant to this section to attend another public school. If a pupil does not satisfy the conditions of the agreement, the board of trustees may, upon completion of the school year, revoke its approval for the pupil to attend the public school. If the board of trustees of a school district revokes its approval, the pupil may return to the public school that he is otherwise required to attend or submit an application pursuant to this section to attend another public school.”.
Amend sec. 2, page 3, by deleting lines 3 through 15 and inserting:
“(b) The pupil may return to the public school that he is otherwise required to attend if the parents, legal guardian or custodial parent of the pupil provide written notice of that desire to the board of trustees of the school district in which the pupil resides. If a pupil attends a public school outside the county in which the pupil resides and he returns to the public school that he is otherwise required to attend during the school year, appropriate adjustments must be made for that school year in the computation of apportionments for the two school districts.
(c) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the school.”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 57.
Bill read second time and ordered to third reading.
Senate Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 93.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 6 as sections 3 through 5.
Amend the title of the bill by deleting the third through fifth lines and inserting: “the Nevada insurance guaranty association to pay a covered claim; revising the order of distribution of certain”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 80.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 59.
Amend section 1, page 1, line 12, before “speed” by inserting: “sign designating the school zone indicates that the”.
Amend section 1, page 2, line 8, before “speed” by inserting: “sign designating the school zone indicates that the”.
Amend section 1, page 2, by deleting lines 16 through 19 and inserting: “which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect.
5. The superintendent of each school district or his designee shall determine the hours when the speed limit is in effect in each school zone and school crossing zone in the school district in consultation with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone. The hours during which the pupils of a school are”.
Amend sec. 1, page 2, line 21, by deleting “principal” and inserting: “superintendent or his designee”.
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Notwithstanding the provisions of subsections 4 and 5 of NRS 484.366, as amended by this act, a sign which is in existence on October 1, 1999, to mark the beginning of a school zone or school crossing zone need not be replaced to comply with the provisions of NRS 484.366, as amended by this act, until the sign would have otherwise been replaced in the normal course of maintaining the sign.”.
Amend the title of the bill by deleting the third through fifth lines and inserting: “requiring the superintendent of each school district to designate the hours during which the speed limit in each school zone or school crossing zone in the school district is in effect; requiring the superintendent to notify the governing body of a local government or the”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 108.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 309.
Amend the bill as a whole by deleting sections 1 through 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 533.370 is hereby amended to read as follows:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the [district’s] efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the state engineer of:
(1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection [5,] 6, the state engineer shall [either] approve or reject each application within 1 year after the final date for filing a protest. However:
(a) Action [can] may be postponed by the state engineer upon written authorization to do so by the applicant or, [in case of a protested application, by both] if an application is protested, by the protestant and the applicant; and
(b) In areas where studies of water supplies [are being made] have been determined to be necessary by the state engineer pursuant to NRS 533.368 or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection [5,] 6, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the requested permit. [Where] If a previous application for a similar use of water within the same basin has been rejected on [these] those grounds, the new application may be denied without publication.
4. In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the state engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the state engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the state engineer determines to be relevant.
5. If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection [6,] 7, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water [so long as] while the rejection continues in force.
[5.] 6. The provisions of subsections 1[, 2 and 3] to 4, inclusive, do not apply to an application for an environmental permit.
[6.] 7. The provisions of subsection [4] 5 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for [such a] that use from the state land registrar.
8. As used in this section, “interbasin transfer of ground water” means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.”.
Amend the title of the bill by deleting the second through fourth lines and inserting: “postpone action on an application to use water or reject an application for an interbasin transfer of ground water; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing applications for use of water. (BDR 48‑922)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 159.
Bill read second time and ordered to third reading.
Senate Bill No. 177.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 69.
Amend section 1, page 1, line 4, by deleting “1993,” and inserting “[1993,] 1999,”.
Amend section 1, page 2, by deleting lines 14 through 17 and inserting: “any amendments to the [uniform codes.
3. The] codes and standards.
3. If approved in writing by the division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section . [do not prevent a local enforcement agency from imposing more stringent standards.]”.
Amend sec. 4, page 3, by deleting lines 8 through 16 and inserting: “requirements, [as well as the review and regulation of architectural] and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.
4.] A local government may inspect Nevada manufacturers of”.
Amend the title of the bill by deleting the third through fifth lines and inserting: “department of business and industry; increasing the penalty for a violation of the”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 191.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 168.
Amend section 1, page 1, line 1, by deleting “A” and inserting: “In addition to any other requirement of the local government or unit thereof, a”.
Amend section 1, page 1, line 6, by deleting “at or” and inserting: “at least 15 days”.
Amend section 1, page 2, by deleting lines 24 and 25 and inserting:
“4. An impact statement required pursuant to this section may include by reference any information or data relevant to such a statement that is a matter of”.
Amend section 1, page 2, line 38, by deleting “and”.
Amend section 1, page 2, line 40, by deleting “schools,”.
Amend section 1, page 2, line 41, by deleting the period and inserting: “; and
(c) The local government or unit thereof determines that the capacity of any schools that are affected by the project will be sufficient to support the project by obtaining a statement from the school district which provides the existing and projected enrollment of pupils in the schools that are affected by the project and the capacity of the buildings of those schools.”.
Amend section 1, page 3, by deleting lines 3 and 4 and inserting:
“(c) A commercial or industrial facility generating more than 3,000 average daily vehicle trips; or”.
Amend sec. 2, page 3, line 6, by deleting “person reasonably” and inserting “aggrieved party”.
Amend sec. 2, page 3, by deleting line 8 and inserting: “act, the aggrieved party may cause a complaint to be”.
Amend sec. 2, page 3, by deleting lines 15 through 17 and inserting:
“3. As used in this section, “aggrieved party” means:
(a) The person who proposes to develop a project pursuant to section 1 of this act;
(b) The owner of the real property upon which the proposed development is located;
(c) Any person who testified at the public hearing at which the project is considered for approval; or
(d) Any person who submitted written comments at the public hearing at which the project is considered for approval.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 227.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 182.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 450B.130 is hereby amended to read as follows:
450B.130 1. The board shall adopt regulations establishing reasonable minimum : [standards for:]
(a) Qualifications for a driver of an ambulance; and
(b) Standards for:
(1) Sanitation in ambulances and air ambulances;
[(b)] (2) Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances and medical equipment and supplies to be carried in vehicles of a fire-fighting agency;
[(c)] (3) Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;
[(d)] (4) Permits for operation of ambulances, air ambulances and vehicles of a fire-fighting agency;
[(e)] (5) Records to be maintained by an operator of an ambulance or air ambulance or by a fire-fighting agency; and
[(f)] (6) Treatment of patients who are critically ill or in urgent need of treatment.
2. The health officers of this state shall jointly adopt regulations to establish the minimum standards for the certification of emergency medical technicians. Upon adoption of the regulations, each health authority shall adopt the regulations for its jurisdiction. After each health authority adopts the regulations, the standards established constitute the minimum standards for certification of emergency medical technicians in this state. Any changes to the minimum standards must be adopted jointly by the health officers and by each health authority in the manner set forth in this subsection. Any changes in the minimum standards which are not adopted in the manner set forth in this subsection are void.
3. A health officer may adopt regulations that impose additional requirements for the certification of emergency medical technicians in his jurisdiction, but he must accept the certification of an emergency medical technician from the jurisdiction of another health officer as proof that the emergency medical technician has met the minimum requirements for certification.”.
Amend the title of the bill, second line, after “circumstances;” by inserting: “requiring the adoption of administrative regulations establishing the minimum qualifications for a driver of an ambulance;”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 274.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 240.
Amend section 1, page 1, line 6, by deleting “wards, which” and inserting: “wards upon the approval of the voters. Thereafter, the city council shall increase the number of wards as the city council determines is necessary. The wards”.
Amend sec. 2, page
2, by deleting lines 9 and 10 and inserting: “city is vested in a city council
which consists of a mayor and [four councilmen.] one councilman from each
ward.”.
Amend sec. 3, page 2, line 22, by deleting “three” and inserting: “half of the”.
Amend sec. 3, page 2, line 27, by deleting “three” and inserting: “the other half of the”.
Amend sec. 3, page
2, by deleting lines 32 and 33 and inserting: “[wards 2 and 4]
each even‑numbered ward must be nominated as
provided in subsection 1, and the candidates from [wards 1 and 3]
each odd‑numbered ward”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. The city council of the City of Las Vegas shall submit the question of whether the number of wards of the city should be increased to six wards to the registered voters of the city at the first general municipal election after the effective date of this act.”.
Amend sec. 4, page 3, by deleting line 24 and inserting:
“Sec. 5. If the registered voters of the City of Las Vegas approve the increase in the number of wards of the city to six wards, the city council shall, on or before January 1, 2000:”.
Amend sec. 5, page 3, line 37, by deleting: “on July 1, 1999.” and inserting: “upon passage and approval.”.
Amend the title of the bill, second line, by deleting the semicolon and inserting: “upon the approval of the registered voters of the city; requiring the city council to increase the number of additional wards as it determines is necessary;”.
Amend the summary of the bill by deleting the period and inserting: “under certain circumstances.”.
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 284.
Bill read second time and ordered to third reading.
Senate Bill No. 343.
Bill read second time and ordered to third reading.
Senate Bill No. 344.
Bill read second time and ordered to third reading.
Senate Bill No. 377.
Bill read second time and ordered to third reading.
Senate Bill No. 383.
Bill read second time and ordered to third reading.
Senate Bill No. 424.
Bill read second time and ordered to third reading.
Senate Bill No. 453.
Bill read second time and ordered to third reading.
Senate Bill No. 454.
Bill read second time and ordered to third reading.
Senate Bill No. 456.
Bill read second time and ordered to third reading.
Senate Bill No. 464.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 243.
Amend sec. 4, page
2, lines 34 and 35, by deleting: “[one-half of 1]
1.5” and inserting: “[one-half of]
1”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 12.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 269.
Amend the resolution, page 2, by deleting line 14 and inserting:
“Resolved, That the Division of Agriculture of the Department of Business and Industry is hereby”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 16.
Resolution read second time and ordered to third reading.
Senate Joint Resolution No. 19.
Resolution read second time and ordered to third reading.
Senate Joint Resolution No. 20.
Resolution read second time and ordered to third reading.
Assembly Joint Resolution No. 10.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 9.
Bill read third time.
Roll call on Senate Bill No. 9:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 9 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 21.
Bill read third time.
Roll call on Senate Bill No. 21:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 21 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 22.
Bill read third time.
Remarks by Senators Raggio, Neal and Rawson.
Roll call on Senate Bill No. 22:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 22 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 65.
Bill read third time.
Remarks by Senator Jacobsen.
Roll call on Senate Bill No. 65:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 65 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 121.
Bill read third time.
Roll call on Senate Bill No. 121:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 121 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 126.
Bill read third time.
Roll call on Senate Bill No. 126:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 126 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 183.
Bill read third time.
Roll call on Senate Bill No. 183:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 183 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 301.
Bill read third time.
Remarks by Senator Care.
Roll call on Senate Bill No. 301:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 301 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Senate Bill No. 322 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 347.
Bill read third time.
Remarks by Senator Wiener.
Roll call on Senate Bill No. 347:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 347 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 360.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 360:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 360 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 361.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 361:
Yeas—19.
Nays—Neal.
Excused—Schneider.
Senate Bill No. 361 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 371.
Bill read third time.
Remarks by Senators Titus and Rawson.
Senator Rawson disclosed that he is an employee of the community college system.
Senator Titus requested that her remarks be entered in the Journal.
Senate Bill No. 371 would allow the University and Community College System of Nevada to issue revenue bonds to build a facility on the Desert Research Institute campus in Las Vegas and enter into a 20-year partnership with DOE to establish a Nevada Test Site Research Center. Bonds would be sold to build a 38,000 square foot building which would then be leased to DOE for 20 years. DOE has already committed to this arrangement, which would cover the cost of the bonds and all operating and maintenance costs of the facility.
The research center would house test site artifacts; atomic age exhibits; storage and retrieval services for 350,000 atomic documents and records; public reading and research space; and a conference area. The opening would coincide with the Test Site’s 50th anniversary in January 2001.
For five decades Nevadans have worked at the test site, protested there, triumphed there, sometimes been hurt there. Yes, it has been controversial. There are things which have occurred to make us proud, things to make us ashamed. But regardless, there is no denying the tremendous role the test site has played in modern history. The records, therefore, need to be in a place where they can be stored, catalogued and readily accessed by scholars, journalists and other interested parties. And that place needs to be in Nevada, not Washington, D.C. This is our Cold War legacy, and I urge you to vote to preserve it so we can better understand it and perhaps prevent the need for such a facility in the future.
Roll call on Senate Bill No. 371:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 371 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 2.
Bill read third time.
Remarks by Senators Neal and Rawson.
Roll call on Assembly Bill No. 2:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 2 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 7.
Resolution read third time.
Remarks by Senators O’Connell and Coffin.
Senator O’Connell requested that the following remarks be entered in the Journal.
Senator O’Connell:
Our Senator from Sparks had an outstanding young lady on the floor with her yesterday that she was honoring. She spoke about how she believed in the youth of today and their potential.
Well, that is what this resolution is about—outstanding young people. The distinguished chairman of the Judiciary Committee spoke of good things about public schools. Senate Joint Resolution No. 7, more commonly called the “Liberty Bill Project,” has become an effort of children across the United States to put the Constitution on the dollar bill. This originally was the brain child of young people from a middle school in Ashland, Virginia.
The Virginia eighth-grade class heard about the official revamping of the dollar bill and while discussing this fact in current events, they came up with the idea of putting their own design on the back of the new printing of the dollar. The class had a real concern about how limited the knowledge of the American people is concerning the Constitution. The class decided to test the legislative process and to put into action President Lincoln’s words “Government by the people”.
So they presented the idea of putting parts of the Constitution on the back of the dollar bill to their United States Representatives and as a result Congress has introduced House Resolution 3792. The bill has 56 cosigners and Senator Warner has also introduced a bill, S2053, in the United States Senate. Young people across the country have joined the efforts with the class from Virginia.
The Senate Government Affairs Committee heard a wonderful presentation from the Advanced Technologies Academy in Las Vegas in support of this bill.
This is such a positive project for our young people; I urge your support for Senate Joint Resolution No. 7.
Senator Coffin:
Thank you, Madam President. I hate to rise on such a momentous occasion and fly in the face of youth, but I have earned that right now that I’m getting older. I’m curious if the students, themselves, understood the significance, and perhaps, did the committee members hear any testimony about the significance of removing the only mention of God from our currency—the phrase: In God We Trust. Under the format of the new bill, that phrase would disappear.
Senator O’Connell:
Thank you, my understanding is, that would not disappear. It is still a part of the bill. It is newly located in the design.
Senator Coffin:
Thank you, Madam President. I’m looking at a picture of the dollar bill as designed by the Ashland High School students, and it does not contain the words, “In God We Trust,” on that side of the bill. I don’t quite know what to think about that except that it is more than an oversight. It’s one of those things were it’s hard to point out what would seem to be an oversight or, perhaps, a fault in something like this. It’s like motherhood and apple pie. On the other hand, it’s the greatest tradition we have in our country, those four words: In God We Trust.
Senator O’Connell:
The information I have here in my hands says, “In God We Trust is on every other piece of currency produced by the United States. In God We Trust has historical significance. Our forefathers recognized religion as they formed our Constitution and should continue to be recognized on the current one dollar bill.”
Roll call on Senate Joint Resolution No. 7:
Yeas—19.
Nays—Coffin.
Excused—Schneider.
Senate Joint Resolution No. 7 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Recede From Senate Amendments
Senator Porter moved that the Senate do not recede from its action on Assembly Bill No. 55, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Porter.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Porter, Care and McGinness, as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 55.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 158; Senate Concurrent Resolution No. 26; Assembly Bills Nos. 113, 127, 128; Assembly Concurrent Resolutions Nos. 21, 40.
REMARKS FROM THE FLOOR
Senator Raggio requested that his remarks be entered in the Journal.
Today, the State Department of Education released the statewide accountability results that evaluate schools based upon academic achievement. These results are significant in that I believe they reflect the success of reform measures enacted by this body during the 1997 legislative session.
Let me quote you several results from the latest accountability reports:
Last year, 23 schools were classified as having inadequate achievement. This year, there are only 8 (see attached list);
Of the 23 schools that were classified as having inadequate achievement last year, only 5 of those remain in that category;
Clark County went from having 13 inadequately achieving schools to having only 5.
Washoe County went from having eight inadequately achieving schools to having only two.
Both Elko and Churchill Counties no longer have any inadequately achieving schools.
The percentage of schools classified as having adequate achievement has increased from 94 percent last year to 98 percent this year.
Gomm Elementary School in Washoe County has maintained its high achievement status for two consecutive years.
After some initial difficulties, response to the 1997 Nevada Education Reform package has been acceptable, and in the case of several districts, the response has been outstanding. Two boards created by the reform act—the Council on Academic Standards and the Commission on Educational Technology—have performed admirably and have met our highest expectations. In addition, our new accountability system has been recognized by national publications.
Our State now has a set of content standards in three key subjects—English, Mathematics, and Science. The associated performance standards have been drafted and are pending final adoption. Standards for other subjects, including social studies, are under development and on schedule. The technology funding provided within the Nevada Education Reform Act has been distributed to the school districts and has been linked to school improvement and student achievement. We now have a system to evaluate the performance of public schools through criteria that will place schools into achievement categories, with funding for effective remediation programs and school improvement directly linked to that system. Initial findings indicate that this approach has had a significant, positive effect upon pupil achievement in schools needing improvement.
I would like to draw your attention to the Washoe County School District and the White Pine County School District—two districts that testified a few months ago before the joint Legislative Committee on Education. Both districts reported about their experiences implementing the Nevada Education Reform Act. Both districts reported a number of elements in common:
Both used data from the accountability reports to formulate improvement plans;
Both utilized existing resources in a creative manner to improve pupil achievement; and
Both showed significant overall gains in achievement.
In Washoe County:
Twenty-two percent of students scored in the bottom quarter in reading in 1997, in 1998, this percentage fell to 9 percent.
In the same instance, 26 percent of students scored in the top quarter in reading in 1997, in 1998, this percentage rose to 38 percent.
Overall, 40 schools in Washoe County demonstrated increased student scores from 1997 to 1998.
In White Pine County:
Second grade students were tested and those with the lowest performance were placed in a “catch-up” class taught by the two best teachers in White Pine County. Of the 18 students who were well below grade level in 1997, eight are at or above grade level in 1998. The “catch-up” class ranked at the 19th percentile in 1997 but reached the 45th percentile in 1998.
Positive changes have been made at every grade level.
In Clark County:
Elementary school principals are trained to develop school improvement plans using test results. Their “Plan SMART” process starts with a school improvement team, includes measurable goals based on test data, provides for accountability through the evaluation of test data, recognizes the need for staff training aligned with the goals and documents individual students’ progress. School principals in Clark County are evaluated on their work on school improvement plans.
These districts and several others have begun to think “outside the box” and have taken steps to marshal their resources to address the statewide goals of student achievement and school improvement.
We have heard time and time again from the education community that teachers cannot continue to teach in the same old ways and that students, likewise, have to make changes that reflect the expectations of global competition.
I would add that school districts must also learn to rethink and restructure the way they operate. Existing programs and funding streams should be evaluated with regard to the extent to which they support the State’s academic standards and school improvement.
The results released today confirm what we have been told—that high standards, high expectations and a willingness to focus upon school improvement are the key ingredients to improving pupil achievement. Although I may be optimistic, I think today’s announcement should serve to silence the critics of the reform process. We need to work together to ensure that our children receive a quality education from schools that have high, rigorous standards in place, that we have a corps of competent teachers and that the structure of our State’s public education system supports those ideals.
The Nevada Education Reform Act provides us with a road map to the future; the success or failure of this reform effort will be determined, to a large extent, by the degree to which we can all work together to accomplish our goals. The Legislature’s commitment is on the record and is real. I think I can speak for the body as a whole that we remain committed to the continuing success of this program.
Schools Classified as Having Inadequate Achievement―1998-99
Clark County:
Booker Elementary*; Cambeiro Elementary*; Fitzgerald Elementary*; Lunt Elementary; Madison Elementary.
Mineral County:
Schurz (grade 8).
Washoe County:
Duncan Elementary*; Smithridge Elementary*.
*Inadequate Achievement for the 2nd Year
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Madam President. The notice that the Majority Leader read mentioned that three of the inadequate schools, Fitzgerald, Madison and Booker are in my Senate District. So is the Academy that Senator O’Connell spoke about. I am wondering if we are now going to get the appropriate monies to bring those particular schools up to par.
Senator Raggio:
Thank you, Madam President. I thank the Senator from North Las Vegas for the question he asked. As the Senator knows, as a member of the Senate Finance Committee, that is one of the primary goals of all the efforts we are dealing with to ensure that there is adequate funding, a continuation of this program, in the areas of remediation. The Governor has money in his budget. We will marshal that money, together with available Federal funding for remediation, to address that problem. Particular attention has to be given to those students who do not measure up. We will also address the problem in the way of teachers, training and performance standards for teachers. As Chairman of the Finance Committee, that certainly is my goal that we provide that funding in an adequate manner to ensure that these young children at those levels do not fall through the cracks. I might also indicate that we have concern about the number of high school students that are failing to pass the proficiency examination. Some have not passed it in three attempts. I spoke today with the Superintendent of Public Instruction, Mary Peterson, and asked her to assist the school districts that have requested some practice test information to be provided to them. That has not been forthcoming. She indicated that they will do so. The school districts are dealing with these issues, and I expect that you can see some improvement in those results as well.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to James Mathew Kenney and Stephen Richard Kenney.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Gay Ellen Kenney, James Shawn Kenney, Emily Anne Kenney, Legislative Police Chief Wayne Hurte, Lt. Jimmy Branson, Sergeant Dale Townsend, Sergeant Frank Morelli, Sergeant Alice Lennon and the following officers: Hans Rollenhagen, Gary Metz, Fred Rembold, Gene Ewing, Leroy Jorgenson, Mac McClain, Chuck Woodworth, Louis Berry, Ted Demaegt, Lee Chalmers, Ed Budden, Robert Milby, Phyllis Knutson, Ralph Bailey, Steve Kibbe, Frank Bachman, Ron Fosnaugh, Al Cauchon and Bob Farkas.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Carol Van Wagoner, Carolyn Edwards and Bea Soares.
On request of Senator O’Connell, the privilege of the floor of the Senate Chamber for this day was extended to teacher Tom Stanley, principal Michael Kinnaird and the following students from the Advanced Technologies Academy: Aimee Marie Brown, Latasha Stoudamire, Sergio Garcia and Marjorie Gavarra.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Lt. Mark Malloy, Kristyne Anne Hughes and Cassey Allyn Hughes.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Jonathan Gerald Hughes, Harlina R’dell Hughes and the following group of scouts and leaders from Ventura: David Dipo, Ladd Stirling, David Hayes, Brandon Pierce, Rickey Ruiz, Kerry Merback, John Wagner and Scoutmaster John Wagner.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Len Nevin.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Charlie Mack.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Kathleen Anne Hughes and Tim Allyn Hughes.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to teacher Steve Lakin and Sherry Lakin
and the following students from the Legacy Christian School: Jared Forest, Leah King, Christopher Lund, Lisa Michitsch, Faith Murchison and Heather Webster.
Senator Raggio moved that the Senate adjourn until Friday, April 2, 1999 at 10:30 a.m.
Motion carried.
Senate adjourned at 1:35 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate