THE ONE HUNDRED AND SIXTEENTH DAY
Carson City(Thursday), May 27, 1999
Senate called to order at 12:08 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Paul McCollum.
Come, Spirit who is our Light.
Shine among the shadows within.
Warm and transform our hearts.
Come, Spirit who makes a home in us.
Draw us to the treasures of Your dwelling.
Reveal to us the inner journey of love.
Come, Spirit, Comforter and Consoler.
Heal the wounded. Soothe the anxious.
Be consolation for all who grieve and ache.
Come, spirit, joy of our souls.
Dance amid life’s hills and valleys,
Encircle us with the delights of your dance.
Come, Spirit of wisdom and insight.
Draw us toward Your goodness and light.
Direct our growth and guide our ways.
Come Spirit, source of our Peace.
Deepen in us the action of peacemakers.
Heal the divisions that ravage the earth.
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.
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
May 27, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of Assembly Bill No. 380 for:
(a) Contains an appropriation;
(b) Authorizes the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Creates or increase any significant fiscal liability of the state; or
(d) Significantly decreases any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of the bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution
Daniel G. Miles
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 673, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which were referred Senate Bill No. 550; Assembly Bills Nos. 38, 324, 687, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also your Committee on Finance, to which were referred Senate Bills Nos. 466, 496, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was re-referred Assembly Bill No. 380, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 26, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 189, 360, 373, 386.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 690, 695; Senate Joint Resolution No. 12 of the 69th Session.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 37, Amendment No. 1156; Senate Bill No. 149, Amendment No. 1141; Senate Bill No. 288, Amendment No. 1144; Senate Bill No. 404, Amendments Nos. 871, 1143; Senate Bill No. 438, Amendment No. 1150, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 999 to Assembly Bill No. 293; Senate Amendments Nos. 913, 1086 to Assembly Bill No. 631.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 128, Assembly Amendment No. 984 and requests a conference, and appointed Assemblymen Parks, Giunchigliani and Berman as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 133, Assembly Amendment No. 978 and requests a conference, and appointed Assemblymen Segerblom, Goldwater and Beers as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 322, Assembly Amendment No. 1008 and requests a conference, and appointed Assemblymen Goldwater, Segerblom and Beers as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 360, Assembly Amendments Nos. 734, 866 and requests a conference, and appointed Assemblymen Nolan, Anderson and Claborn as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 391, Assembly Amendments Nos. 920, 1079, 1110, 1125 and requests a conference, and appointed Assemblymen Bache, Tiffany and Williams as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 423, Assembly Amendment No. 1007 and requests a conference, and appointed Assemblymen Giunchigliani, Parks and Nolan as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 475, Assembly Amendments Nos. 992, 1098 and requests a conference, and appointed Assemblymen Bache, Gibbons and Freeman as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 500, Assembly Amendment No 918 and requests a conference, and appointed Assemblymen Bache, Berman and Neighbors as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 530, Assembly Amendment No. 897 and requests a conference, and appointed Assemblymen Bache, Humke and Mortenson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Collins, de Braga and Bache as a first Conference Committee concerning Assembly Bill No. 376.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 27, 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. 74, 75, 76, 77.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 60.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Assembly Concurrent Resolution No. 74—Commending Nevada businessman and inventor Paul C. Fisher.
Whereas, Paul C. Fisher, the inventor of the pressurized Fisher Space Pen, was born on October 10, 1913, in Lebanon, Kansas; and
Whereas, After attending college for 3 years, Paul Fisher interrupted his education to work full time at the Cedar Rapids Bakery, where he served as General Manager from 1936 to 1938; and
Whereas, In 1938, Paul Fisher returned to Kansas State University in Manhattan, Kansas, and received his Bachelor of Science degree in 1939; and
Whereas, During World War II, Paul Fisher was General Manager and Assistant to the President of Aetna Ball Bearing Manufacturing Company, which manufactured bearings for propellers, jeeps, tanks, naval guns and other military equipment and which received the “E Award” from the War Production Board of the United States for efficient war production; and
Whereas, In October 1945, after Milton Reynolds of the Reynolds International Pen Company introduced the Reynolds BallPoint Pen, an amazing new invention that earned millions of dollars for his company in the next 3 months but proved defective, Paul Fisher was asked by Reynolds to help design a new ball pen and later became Reynolds’ main supplier of parts for that pen; and
Whereas, With encouragement from the top officers of Reynolds International Pen Company to invent “the writing instrument of the future,” Paul Fisher began his efforts to improve the ball pen, which is a project that he continues to this day; and
Whereas, To finance his continued research, Paul Fisher designed his famous Bullet Pens, founded the Fisher Pen Company as a division of Fisher Armour Manufacturing Company and began manufacturing Fisher Pens in October 1948; and
Whereas, As President and owner of Fisher Space Pen Company of Boulder City, Nevada, Paul Fisher has helped design and build many special tools and automatic machines and has several valuable patents, including patents covering inks, improved ballpoint pens, the erasable ball pens and the pressurized Space Pens that are used on all manned space flights; and
Whereas, Paul Fisher was recognized as Nevada Small Business Person of the Year in 1980 by the United States Small Business Administration, the Nevada Exporter of the Year in 1995 by Governor Bob Miller and the Nevada Inventor of the Year in 1997 by the Nevada Technology Council; and
Whereas, One of Paul Fisher’s inventions was named the Product of the Year in 1996 by Imagining Magazine,and the Fisher Space Pen Company was selected as one of Nevada’s top 100 private companies in 1998 by the Las Vegas 100; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Paul C. Fisher for his enterprising and inventive spirit which has contributed in many ways to this country and, especially, to the State of Nevada; and be it further
Resolved, That the residents of this state recognize Paul Fisher as a model of what one person with a passion can accomplish; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Paul C. Fisher.
Senator Porter moved the adoption of the resolution.
Remarks by Senators Porter and O’Donnell.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Porter:
This is a resolution that is very close to me because it is a very good friend of mine that we are commending today, a friend not only of this legislature but also the State of Nevada, the country and the world. Mr. Fisher has been involved in the United States Space Program providing all the pens that have gone on the United States space flights and the Russian space flights. Many of you may know Mr. Fisher because of the space pen that has been developed by him and his family. Not only is he an inventor and a philosopher who is highly regarded in his ideals of economics worldwide; he also ran for president back in 1960.
Mr. Fisher really is a true friend of ours and, I think, a friend of many of you. I am honored to have him with us today. Most importantly, Paul is a friend of all of ours here in the Senate.
Senator O’Donnell:
I have known Paul Fisher since about 1981, and he is truly an incredible guy. If you knew the story behind the invention of this particular pen, I think you would admire Paul Fisher quite a bit. He is a very stubborn man and very persistent. He won’t give up. I think he went through about 1000 different types of ink and processes to come up with the right combination in order to make this pen. That takes a lot of tenacity. Mr. Fisher is one to be admired.
Resolution adopted.
Assembly Concurrent Resolution No. 75—Commending William H. “Bob” Bailey and Anna Bailey for their years of public activism and service and contributions toward social and economic change in this state.
Whereas, William H. “Bob” Bailey was born in Detroit, Michigan, on February 14, 1927, into a family with a strong musical tradition, and he grew up in Cleveland, Ohio, where he learned to sing in church choirs; and
Whereas, When young William Bailey embarked on his own vocal career as part of a quartet called the Four Notes, he adopted the nickname “Bob” to avoid confusion with his cousin, Bill Bailey, who was also a professional entertainer; and
Whereas, Bob Bailey pursued his ambition to be an international lawyer by attending and graduating from the highly-respected Morehouse College in Atlanta, Georgia; and
Whereas, Despite his scholastic achievements, Bob Bailey’s love of music took center stage when he was hired by Count Basie to become one of the two featured singers with the Count Basie Orchestra, affording him the opportunity to have three hit records; and
Whereas, It was during this time with Count Basie that he met and married the lovely and talented Anna Louis Porter who became his partner and loyal supporter in all his future endeavors; and
Whereas, Anna Porter was born in Savannah, Georgia, grew up in New York City and, inspired by her mother’s creative survival skills and utilizing her own sparkling personality, became a performer at the legendary Apollo Theatre and eventually moved on to Broadway where she performed with legends such as Louis Armstrong, Pearl Bailey, Duke Ellington and Count Basie; and
Whereas, Anna Porter’s talent, captivating beauty and gracious personality earned her nationwide fame and led her to London, England, to perform at the London Palladium for 6 months, and from there to Las Vegas as a member of the chorus line at the Moulin Rouge, a casino that featured a show with all African-American entertainers; and
Whereas, The breakup of Count Basie’s big band in 1950 gave Bob Bailey the opening to move on to the new medium of television, and in preparation, he attended the School of Radio and Television in New York City; and
Whereas, Bob Bailey’s break into television did not occur until after he worked in Las Vegas as a co-producer and master of ceremonies at the Moulin Rouge, the only casino at that time which was open to everyone in what was a very segregated city; and
Whereas, The television show sponsored by the Moulin Rouge with Bob Bailey as its host was canceled when the Moulin Rouge closed after only 6 months, but Hank Greenspun, who owned KLAS-Channel 8, continued the program that was the first to be produced, acted in and directed by African-American talent and the first to be sponsored by businesses owned by African Americans; and
Whereas, While he was pioneering the way for African Americans in the television industry as a current events talk show host with KLAS and a newscaster and variety show host with KTNV-Channel 13, Bob Bailey also wrote editorials for the Las Vegas Voice, the local African-American newspaper, and authored a column for the Las Vegas Sun; and
Whereas, Bob Bailey’s high profile after only 2 years in Las Vegas led to his appointment as the local chairman of the Urban Renewal Advisory Commission in 1956, which was followed by numerous other appointments, including an appointment by Governor Grant Sawyer in 1961 to the commission established by the Legislature to study the extent of discrimination against minorities in Nevada; and
Whereas, Bob Bailey’s work investigating job opportunities for the Commission made him a natural choice to direct a federally encouraged Manpower Services program that trained minorities in jobs traditionally reserved for whites and, as a result of Bob’s determination and persistent recruitment of assistance from casino executives and managers, opened up more than 1,000 jobs to minorities in less than 2 years; and
Whereas, To augment the meager income from his television career, Bob Bailey became a real estate broker and developer, and in 1964 he and his wife, Anna, opened a club in West Las Vegas named the Sugar Hill, which became an after-hours hangout for the next 25 years for such big name entertainers as Sammy Davis, Jr., Johnny Carson and Duke Ellington, and, during that period, employed over 500 African Americans; and
Whereas, In the mid-1960s, Bob and Anna Bailey also bought the riot-damaged West Owens Shopping Center and converted much of it into the Pan-Afro Auditorium, a move that continued to build the economic growth and employment of the African-American community in Las Vegas; and
Whereas, Bob Bailey later established the Nevada Economic Development Company, which helped minority businesses obtain $300 million in loans and lines of credit over 19 years; and
Whereas, Bob Bailey’s success in this venture led to a job in Washington, D.C., as an associate director and, later, deputy director of the Minority Business Development Agency, which included the responsibility of overseeing a $66 million national budget and helping to report to the United States Congress on its work; and
Whereas, Anna Bailey encouraged her husband to accept the appointment at the United States Department of Commerce and for the 4 years during his absence managed the family business, including the development and operation of the Baby Grand Night Club, which they had acquired just prior to Bob’s appointment, and continued her role as the mother of their two children, Kimberly and John; and
Whereas, Being homesick for Nevada, Bob Bailey declined the offer to stay in Washington after President George Bush left office and is currently concentrating on his New Ventures Inc., which has been awarded a contract to certify local businesses as qualified to participate in a new Small Business Administration program; and
Whereas, Anna Bailey’s boundless energy has made her a vital part of various community organizations and kept her beside her husband through all their commitments and successes for the past 48 years; and
Whereas, Together Bob and Anna Bailey raised two college graduates, now successful in their own right, John Robert Bailey, an attorney with Lionel, Sawyer & Collins, and Kimberly Ann Bailey-Tureaud, a minority business developer; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend and express their heartfelt gratitude to William H. “Bob” Bailey and Anna Bailey for all their efforts to help make Nevada a place where persons of all races and diverse backgrounds can live together and prosper together; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob and Anna Bailey.
Senator Washington moved the adoption of the resolution.
Remarks by Senators Washington and President Hunt.
Senator Washington requested that the following remarks be entered in the Journal.
Senator Washington:
It is an honor to stand up and do this resolution for Bob and Anna Bailey. I would like to tell you one story that is quite important to me. The first time that I was running for office, Bob Bailey came to my assistance in helping me to do kind of a town hall meeting. We had a sparse crowd. He came in and gave a stirring speech an overwhelming speech and got the applause and accolades. People appreciated what he had to say. When he left after this meeting, I thought to myself, it is nice to know that there is a gentlemen of his caliber and of his demeanor and charismatic energy that could do what he has done for me. Ever since then, I just gravitated to him. In the resolution, there are a great many things that he has done in his life. He is a great singer. We did another fundraiser. I did not know how well he could sing, and he had all the young ladies swooning. I was saying to myself that if I could sing like that, I would have everybody swooning and swaying. He got up and sang and had such a dynamic voice. The resolution says that he adopted the name Bob and changed it because of his cousin who is Bob Bailey. He sang with Count Basie and Louie Armstrong which is a tribute within itself.
His wife, Anna, performed at the Apollo Theater which is a tribute to her. She also appeared on Broadway and sang with Louie Armstrong, Pearl Bailey, Duke Ellington and Count Basie. If you are in that crowd, you have to be doing very, very well. She sang in London and in Las Vegas at the Moulin Rouge which was owned by African-Americans. Bob then went on to television. He was a talk show host and has written columns for several newspapers. Due to his many achievements, he was chosen by President Bush for the Commission of Economic Development. The list of his achievements just goes on and on. He is currently a CEO for Venture, Inc. which helps minorities establish loans and open up new business enterprises.
President Hunt:
I would like to say a few words because I have known Anna and Bob for many years. When I was a student at Las Vegas High School, we thought Bob Bailey was the coolest guy in the world, and he still is today. In 1986, Bob was our leader as many small business people from the State went to Washington, D.C. for the first White House conference on small business. We were all there to tell the President and Congress what they needed to do to get off our backs and let small business do their thing. As I said, Bob was a great leader and a great inspiration.
I always wanted to sing a duet with him. I never got around to it until recently. Last year at the former Lieutenant Governor Lonnie Hammergren’s house, we finally got an opportunity to sing a duet together. I would like to congratulate both Bob and Anna for their years of public activism and service and contributions towards the social and economic change in Nevada. You have certainly made it a better place for all of us to live.
Resolution adopted.
Assembly Concurrent Resolution No. 76—Commending Claude “Blackie” Evans for his public service to people in this state.
Whereas,Claude “Blackie” Evans is recognized as an expert in matters of labor and management relations, contract negotiations and as a legislative lobbyist, having spent his entire lifetime combining practical experience, specialized training and formal education in all related fields of labor relations; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That Claude “Blackie” Evans is hereby congratulated for his public service to Nevada and for his loyalty and dedication to the needs of members of unions within the State of Nevada; and be it further
Resolved, That Blackie Evans has been a leader among leaders and has contributed a lifetime of energy, skill and knowledge to the legislative process as he worked diligently to provide the Nevada Legislature with an understanding of the many concerns of hardworking men and women in Nevada; and be it further
Resolved, That this Legislature appreciates the exceptional knowledge of all areas of labor relations and management that Blackie Evans has contributed to the political exchange of ideas from which state public policy is formed; and be it further
Resolved, That, on the occasion of Blackie Evans’ retirement as Chief Executive Officer of the State of Nevada AFL-CIO in July of this year, the Nevada Legislature wishes Blackie many hours of relaxation and fun with his wife, his four children, Steve, Cherie, Seanna and Lisa, and his four grandchildren, Brittany, Cierra, Alex and Geena; and be it further
Resolved, That a copy of this resolution be transmitted to Claude “Blackie” Evans.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Madam President. This is a resolution for someone we all know. Blackie Evans is not here today. The point of this is to do this without his knowing in order to present it to him at his retirement dinner later this summer. I am sure many of us will be in attendance and everybody is invited. Thank you.
Resolution adopted.
Assembly Concurrent Resolution No. 77—Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.
Whereas, This legislative session is the first session limited to 120 days; and
Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 70th session of the Nevada Legislature; and
Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and
Whereas, The departments of the printing office including composition, offset, bindery and office staff have set and achieved these high standards under the direction of Chief Bailey; and
Whereas, Chief Don Bailey has upgraded the equipment in the printing office to ensure the printing of all bills, resolutions, histories and journals in a timely and efficient manner; and
Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further
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.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
I was hoping that we would have the printer here and some of his staff. Traditionally, we do this every session, and each session, it is done with more meaning. They are a remarkable group. Don Bailey has done a tremendous job for us as well as through the entire year. When this legislature convenes, if they did not operate in the efficient manner they do, we would never get through. Much like our front desk, he helps us to look good. With this 120-day session, they have had to pull out all the stops and put forth a lot of extra effort to achieve the kind of routine that we utilized in this session. On behalf of all of us in the Senate, we want to express our thanks and appreciation for the work that was produced by the State Printing Division and the high standards that they set for themselves and for us to allow us to complete our mission here. I hope that I speak on behalf of all of the Senate to express our commendation to them.
Senator Jacobsen:
Thank you, Madam President. I certainly rise in support of this resolution. When I first started, this was almost a hand operation. In those days, we had to almost hand carry everything and transport it to Reno to be printed and then back here again. I am reminded of one of the old-timers, Amos Buckner, who was one of our employees and had worked at the printing office for many years. He would hand carry everything across the street and then bring it back again. Anything that you wanted printed, you just gave it to Amos, and it always got done. They recently had an open house which I attended. They gave each of us a state seal. I would like to indicate that without the printing office, the system, as we operate today, could not exist. Over the years, we have been taunted by private enterprise that we are somewhat in competition. There again, I do not think we could get the service from private enterprise. They do all the printing for agencies and departments. I think they deserve more credit that they actually receive. We seem to be very conservative in Finance, and they almost have to plead to get a new piece of printing equipment. It is almost a self-funding operation. They charge for the things they do. You should take the opportunity to look at the new printing press they have now. A six-foot roll goes through the machine and prints, folds and does everything. We have been fortunate to have had such a great staff. Jack McCarthy was the printer before Don Bailey, who seemed to have all the time in the world to work at the printing office. I think he almost slept there. We have been fortunate to have such dedicated employees.
Resolution adopted.
UNFINISHED BUSINESS
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 634, 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 Townsend.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Townsend, Amodei and Carlton as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 634.
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 680, 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 Townsend.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Rhoads, Townsend and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 680.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 189.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 360.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 373.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 386.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 690.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 695.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the action whereby Assembly Bill No. 373 was referred to the Committee on Human Resources and Facilities be rescinded.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Assembly Bill No. 373 be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 496.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1100.
Amend section 8, page 2, line 10, by deleting “The state” and inserting: “Except as otherwise provided in section 8.5 of this act, the state”.
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
“Sec. 8.5. 1. The board may form a nonprofit corporation pursuant to chapter 82 of NRS for the purpose of issuing bonds or other obligations for the benefit of the trust fund. The board shall serve as the board of directors of any such corporation created pursuant to this section.
2. The corporation may issue obligations payable solely from the revenue described in paragraphs (a) and (b) of subsection 2 of section 8 of this act. Any such obligations are solely the obligations of the corporation and are not obligations, special or general, of the state and do not give rise to any claim against the state, the taxing power of the state or any asset or income of the state except the revenue described in paragraphs (a) and (b) of subsection 2 of section 8 of this act.
3. If obligations are issued by the corporation pursuant to this section, the state treasurer shall transfer in each fiscal year sufficient money from the revenue described in paragraphs (a) and (b) of subsection 2 of section 8 of this act to the corporation to pay the principal and interest on the obligations when due; but in no event shall the state treasurer transfer to the corporation in any fiscal year more money than he has received in that fiscal year from the sources of revenue described in paragraphs (a) and (b) of subsection 2 of section 8 of this act.”.
Amend sec. 10, page 3, line 41, after “certificate.” by inserting: “The criteria must require a student to maintain at least a 2.0 grade-point average on a 4.0 grading scale for his first academic year and a 2.5 grade-point average on a 4.0 grading scale thereafter.”.
Amend sec. 17, page 7, line 11, by deleting “8,” and inserting “8.5,”.
Amend the title of the bill, third line, after “students;” by inserting: “prescribing the membership and duties of the board; authorizing the board to form a nonprofit corporation for the issuance of bonds for the benefit of the trust fund;”.
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. 466.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1036.
Amend the bill as a whole by deleting sections 1 through 60 and the leadlines of repealed sections and adding new sections designated sections 1 through 41, following the enacting clause, to read as follows:
“Section 1. NRS 385.110 is hereby amended to read as follows:
2. For those courses of study prescribed by the state board:
(a) High schools may have modified courses of study, subject to the approval of the state board; and
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board.
3. A charter school is not required to offer the courses of study prescribed by the state board except for those courses of study which are required for promotion to the next grade or graduation from high school.
Sec. 2. NRS 385.150 is hereby amended to read as follows:
2. A vacancy must be filled by the state board [shall fill any vacancy] for the remainder of the unexpired term.
[2.]3. The superintendent of public instruction is in the unclassified service of the state.
Sec. 3. NRS 385.230 is hereby amended to read as follows:
2. The superintendent of public instruction shall report to the legislature during each regular session of the legislature concerning matters relating to education in this state.
Sec. 4. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to section 11 of this act to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provideat least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
Sec. 5. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 13, inclusive, of this act.
Sec. 6. As used in sections 6 to 13, inclusive, of this act, “council” means the council to establish academic standards for public schools.
Sec. 7. 1. The council to establish academic standards for public schools, consisting of eight members, is hereby created. The membership of the council consists of:
(a) Four members appointed by the governor in accordance with subsection 2;
(b) Two members appointed by the majority leader of the senate in accordance with subsection 3; and
(c) Two members appointed by the speaker of the assembly in accordance with subsection 3.
2. The governor shall ensure that:
(a) Two of the members whom he appoints to the council are parents or legal guardians of pupils who attend public schools. These members must not otherwise be affiliated with the public school system of this state.
(b) Two of the members whom he appoints to the council are licensed educational personnel.
(c) Insofar as practicable, the members whom he appoints to the council reflect the ethnic and geographical diversity of this state.
3. The majority leader of the senate and the speaker of the assembly shall each ensure that:
(a) One of the members whom he appoints to the council is a member of the house of the legislature to which he belongs.
(b) The other member whom he appoints to the council is a representative of a private business or industry that may be affected by actions taken by the council.
4. Each member of the council must be a resident of this state.
5. After the initial terms, the term of each member of the council is 4 years. The person who appoints a member to the council may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. A vacancy in the membership of the council must be filled for the remainder of the unexpired term in the same manner as the original appointment.
6. The governor shall select a chairman from among the membership of the council in accordance with this subsection. The governor shall not select as chairman a member of the council who is affiliated with the public school system in this state, except that this subsection does not preclude the governor from selecting a parent or legal guardian of a pupil as chairman if the parent or legal guardian is not otherwise affiliated with the public school system in this state. Once selected by the governor, the chairman holds that office for 2 years.
7. For each day or portion of a day during which a member of the council who is a legislator attends a meeting of the council or is otherwise engaged in the work of the council, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the council must be paid from the legislative fund.
8. Members of the council who are not legislators serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 8. 1. The council shall:
(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 2, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science;
(4) Social studies, which includes only the subjects of history, geography, economics and government;
(5) The arts;
(6) Computer education and technology;
(7) Health; and
(8) Physical education.
(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to section 13 of this act of the results of pupils on the examinations administered pursuant to section 11 of this act.
(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.
2. The council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The council shall establish standards of content and performance for the grade levels selected by the council for the other courses of study prescribed in subsection 1.
3. The state board shall adopt the standards of content and performance established by the council.
4. The council shall work in cooperation with the state board to prescribe the examinations required by section 11 of this act.
Sec. 9. 1. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the council to carry out its duties.
2. The council may request assistance from any agency of this state if the assistance is necessary for the council to carry out its duties.
Sec. 10. The board of trustees of each school district shall conduct a periodic review of the courses of study offered in the public schools of the school district to determine whether the courses of study comply with the standards of content and performance established by the council pursuant to section 8 of this act and if revision of the courses of study is necessary to ensure compliance.
Sec. 11. 1. The state board shall, in consultation with the council, prescribe examinations that measure the achievement and proficiency of pupils in selected grades in the standards of content established by the council that are in addition to the examinations administered pursuant to NRS 389.015. The state board shall, based upon the recommendations of the council, select the grade levels of pupils that are required to take the examinations and the standards that the examinations must measure.
2. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the state board. The examinations must be:
(a) Administered to pupils in each school district and each charter school at the same time, as prescribed by the state board.
(b) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.
Sec. 12. 1. The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 13. 1. The council shall review the results of pupils on the examinations administered pursuant to section 11 of this act, including, without limitation, for each school in a school district and each charter school that is located within a school district, a review of the results for the current school year and a comparison of the progress, if any, made by the pupils enrolled in the school from preceding school years.
2. After the completion of the review pursuant to subsection 1, the council shall evaluate:
(a) Whether the standards of content and performance established by the council require revision; and
(b) The success of pupils, as measured by the results of the examinations, in achieving the standards of performance established by the council.
3. The council shall report the results of the evaluation conducted pursuant to subsection 2 to the state board and the legislative committee on education.
Sec. 14. NRS 389.010 is hereby amended to read as follows:
1. The standards of content and performance established by the council to establish academic standards for public schools and the courses of study related to those standards; and
2. The courses of study prescribed and adopted by the state board.
Sec. 15. NRS 390.005 is hereby amended to read as follows:
390.005 As used in this chapter, unless the context requires otherwise:
1. “Basic textbook” or “textbook” means any medium or manual of instruction , including, without limitation, software for computers, containing a presentation of the principles of a subject and used as a basis of instruction.
2. “Supplemental textbook” means any medium or material , including, without limitation, software for computers, used to reinforce or extend a basic program of instruction.
3. A basic or supplemental textbook becomes “unserviceable” when 4 years have elapsed since its removal from the adopted list.
Sec. 16. NRS 390.140 is hereby amended to read as follows:
2. A textbook must not be selected by the state board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
Sec. 17. NRS 391.038 is hereby amended to read as follows:
(a) The licensure of teachers or other educational personnel;
(b) The renewal of licenses of teachers or other educational personnel; or
(c) An endorsement in a field of specialization.
If the course of study and training meets the requirements established by the state board, it must be approved by the state board. The state board shall not approve a course of study or training unless the course of study and training provides instruction, to the extent deemed necessary by the state board, in the standards of content and performance prescribed by the council to establish academic standards for public schools pursuant to section 8 of this act.
2. The state board may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the board.
3. The state board shall adopt regulations establishing fees for the review by the board of a course of study and training submitted to the board by an educational institution.
4. The state board, in consultation with educational institutions in this state which offer courses of study and training for the education of teachers and other educational personnel, and the Nevada Association of Colleges for Teacher Education and the Nevada Association of Teacher Educators, shall adopt regulations governing the approval by the state board of courses of study and training which are accredited by the National Council [of] for Accreditation of Teacher Education, and those which are not so accredited.
5. If the state board denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state board.
Sec. 18. Section 45 of chapter 473, Statutes of Nevada 1997, at page 1780, is hereby amended to read as follows:
(a) On] , on or before September 1, 1998, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
[(1)] (a) English, including reading, composition and writing.
[(2)] (b) Mathematics.
[(3)] (c) Science.
[(b) On or before September 1, 1999, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) Social studies.
(2) Computer education.
(3) Health and physical education.
(4) The arts.]
2. The council shall submit written recommendations to the state board of education[:
(a) On] , on or before November 1, 1998, on the type of examinations of achievement and proficiency to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to [paragraph (a) of] subsection 1. The recommendations must include the grades in which the examinations should be administered.
[(b) On or before November 1, 1999, on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to subparagraph (1) of paragraph (b) of subsection 1. The recommendations must include the grades in which the examinations should be administered.]
3. In developing the standards and examinations pursuant to subsections 1 and 2, the council shall:
(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing August 1, 1997, and expiring July 31, 1999. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.
(b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.
(c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:
(1) Adopted by this state;
(2) Adopted by the Commonwealth of Virginia or any other states;
(3) Adopted by the Federal Government; or
(4) Advocated in publications of entities, including, but not limited to, the “Standards Primer: A Resource for Accelerating the Pace of Reform,” published in 1996 by the Education Leaders Council.
4. The state board of education shall adopt[:
(a) On] , on or before January 1, 1999, the standards of content and performance established by the council pursuant to [paragraph (a) of] subsection 1, to take effect in the 1999-2000 school year.
[(b) Examinations of achievement and proficiency to be administered statewide, commencing in the 1999-2000 school year, to measure the achievement of pupils in the standards of content and performance adopted by the state board of education pursuant to paragraph (a). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.
(c) On or before January 1, 2000, the standards of content and performance established by the council pursuant to paragraph (b) of subsection 1, to take effect in the 2000-2001 school year.
(d) Examinations of achievement and proficiency in social studies to be administered statewide, commencing in the 2000-2001 school year, to measure the achievement of pupils in social studies in the standards of content and performance adopted by the state board pursuant to paragraph (c). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.]
5. The state board of education shall[:
(a) On] , on or before February 1, 1999, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
[(b) On or before February 1, 2001, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.]
6. In addition to the duties prescribed in subsections 1 and 2, the council shall[:
(a) As] , as soon as practicable, but not later than April 1, 1999:
[(1)] (a) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to [paragraph (a) of] subsection 4.
[(2)] (b) Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to [paragraph (a) of] subsection 1.
[(b) As soon as practicable, but not later than April 1, 2001:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada Legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraphs (a) or (b) of subsection 1.]
7. The council shall, on or before June 30, 1999, [and on or before June 30, 2001,] report to the legislative committee on education, created pursuant to section 37 of this act, regarding the standards [and examinations] adopted by the state board of education pursuant to subsection 4.
[8. The council shall, on or before June 30, 2001, coordinate its duties pursuant to this section with the legislative bureau of educational accountability and program evaluation, created pursuant to section 41 of this act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.]
Sec. 19. Section 64 of chapter 473, Statutes of Nevada 1997, at page 1788, is hereby amended to read as follows:
Sec. 64. 1. This section and section 63 of this act become effective upon passage and approval.
2. Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.
3. Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.
4. Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, [2001.] 1999.
5. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, and 46 to 62, inclusive, of this act become effective on July 1, 1997.
6. Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.
7. Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.
Sec. 20. Section 2 of Senate Bill No. 49 of this session is hereby repealed.
Sec. 21. 1. The term of the president of the state board of education or his designee on the council to establish academic standards for public schools created pursuant to section 43 of chapter 473, Statutes of Nevada 1997, at page 1779, who is incumbent on June 30, 1999, expires on that date.
2. The terms of all members appointed to the council to establish academic standards for public schools created pursuant to section 43 of chapter 473, Statutes of Nevada 1997, at page 1779, who are incumbent on June 30, 1999, expire on that date.
3. Not later than July 1, 1999, appointments to the council to establish academic standards for public schools pursuant to section 7 of this act must be made as follows:
(a) Two members appointed by the governor must be appointed to terms expiring on June 30, 2001.
(b) One member appointed by the majority leader of the senate and one member appointed by the speaker of the assembly must be appointed to terms expiring on June 30, 2002.
(c) One member appointed by the majority leader of the senate, one member appointed by the speaker of the assembly and two members appointed by the governor must be appointed to terms expiring on June 30, 2003.
These appointments may include former members whose terms expired pursuant to subsection 2.
Sec. 22. 1. On or before January 15, 2000, the council to establish academic standards for public schools created pursuant to section 7 of this act shall establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(a) Social studies, which includes only the subjects of history, geography, economics and government.
(b) Computer educationand technology.
(c) Health and physical education.
(d) The arts.
2. On or before January 15, 2000, the council shall submit written recommendations to the state board of education on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement and proficiency of pupils in the standards of content and performance established by the council pursuant toparagraph (a) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
3. In developing the standards and examinations pursuant to section 8 of this act, the council shall:
(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing July 1, 1999, and expiring June 30, 2001. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.
(b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.
(c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:
(1) Adopted by this state;
(2) Adopted by the Commonwealth of Virginia or any other states;
(3) Adopted by the Federal Government; or
(4) Advocated in publications of entities, including, but not limited to, the “Standards Primer: A Resource for Accelerating the Pace of Reform,” published in 1996 by the Education Leaders Council.
4. The standards established by the council for:
(a) English, including reading, composition and writing;
(b) Mathematics; and
(c) Science,
must take effect in the public schools in this state commencing in the 1999-2000 school year.
5. The standards established by the council for:
(a) Social studies, which includes only the subjects of history, geography, economics and government;
(b) Computer education and technology;
(c) Health and physical education; and
(d) The arts,
must take effect in the public schools in this state commencing in the 2000-2001 school year.
6. The council shall, as soon as practicable, but not later than April 1, 2001:
(a) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards established by the council.
(b) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada Legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established.
7. The council shall, on or before June 30, 2001, report to the legislative committee on education, regarding the standards and examinations established by the council and adopted by the state board of education.
Sec. 23. On or before February 28, 2000, the state board of education shall adopt the standards of content and performance established by the council to establish academic standards for public schools created pursuant to section 7 of this act for the following courses of study:
1. Social studies, which includes only the subjects of history, geography, economics and government.
2. Computer education and technology.
3. Health and physical education.
4. The arts.
The standards of content and performance must take effect commencing in the 2000-2001 school year.
Sec. 24. 1. On or before December 1, 2000, the state board of education shall, pursuant to the recommendations of the council to establish academic standards for public schools, develop or purchase examinations that measure the achievement and proficiency of pupils in grades 3 and 5 on the standards of content and performance established by the council for English and mathematics. The examinations must be scored by a single private entity or the department of education.
2. The examinations must be administered to all pupils who are required to take the examinations commencing in the spring semester of 2001. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
Sec. 25. 1. On or before December 1, 2001, the state board of education shall, pursuant to the recommendations of the council to establish academic standards for public schools, develop or purchase examinations that measure the achievement and proficiency of pupils in grades 3 and 5 on the standards of content and performance established by the council for science and social studies. The examinations must be scored by a single private entity or the department of education.
2. The examinations must be administered to all pupils who are required to take the examinations commencing in the spring semester of 2002. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
Sec. 26. Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance in English, mathematics and science established by the council to establish academic standards for public schools created pursuant to section 7 of this act and adopted by the state board of education. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards established by the council to establish academic standards for public schools and adopted by the state board of education, but must pass the examination that is administered to pupils in the immediately preceding school year.
Sec. 27. As used in sections 27 to 37, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 28, 29 and 30 of this act have the meanings ascribed to them in those sections.
Sec. 28. “Eligible pupil” means a pupil who was classified as a senior in high school during the 1998-1999 school year and who fulfilled the requirements for a standard high school diploma except that the pupil did not receive a passing score on the high school proficiency examination in mathematics.
Sec. 29. “High school proficiency examination” means the examination that is first administered to pupils before the completion of grade 11 pursuant to NRS 389.015, which pupils must pass to receive a standard high school diploma.
Sec. 30. “Passing score” means the scaled score of 61 set by the state board of education pursuant to paragraph (a) of subsection 2 of section 6 of chapter 568, Statutes of Nevada 1997, at page 2772, for pupils to receive a standard high school diploma in June 1999.
Sec. 31. 1. If a school district contains a public school in which an eligible pupil was enrolled in the 1998-1999 school year, the school district shall, during the summer months of 1999, provide remedial instruction in mathematics.
2. The remedial instruction in mathematics required by subsection 1 must:
(a) Include an intensive program of instruction or tutoring in the basic skills and principles of mathematics and in solving mathematical problems that a pupil may have missed or been unable to master in the coursework he completed in high school; and
(b) Provide instruction in mathematics at least at the level of proficiency required for a pupil to receive a passing score on the high school proficiency examination in mathematics.
3. A school district may approve additional programs of remedial instruction or tutoring in mathematics offered by other organizations if the programs meet the criteria set forth in subsection 2.
Sec. 32. In addition to the administration of the high school proficiency examination scheduled in June 1999, the department of education shall administer and score two additional high school proficiency examinations in mathematics. One of the additional examinations must be administered in July 1999, and the other additional examination must be administered in August 1999. Only eligible pupils who participated in remedial instruction pursuant to section 31 of this act may take the additional examinations in July and August.
Sec. 33. 1. An eligible pupil may participate in the graduation ceremony of his high school in 1999 and receive a certificate of attendance.
2. If an eligible pupil receives a passing score on the high school proficiency examination that is regularly scheduled for June 1999, a standard high school diploma must be awarded to the pupil to replace the certificate of attendance.
3. If an eligible pupil participates in remedial instruction pursuant to section 31 of this act, and subsequently receives a passing score on the high school proficiency examination administered in July or August of 1999, a standard high school diploma must be awarded to the pupil to replace the certificate of attendance.
4. If an eligible pupil does not:
(a) Receive a passing score on the high school proficiency examination in June 1999; and
(b) Participate in remedial instruction pursuant to section 31 of this act and receive a passing score on one of the additional examinations administered,
the pupil is not eligible to receive a standard high school diploma to replace his certificate of attendance pursuant to sections 27 to 37, inclusive, of this act.
Sec. 34. The provisions of sections 27 to 37, inclusive, of this act do not preclude an eligible pupil from pursuing an adult high school diploma or from continuing to retake the high school proficiency examination in mathematics as a pupil enrolled in the adult high school diploma program.
Sec. 35. Each school district shall:
1. Review the coursework in mathematics taken by each pupil enrolled in grade 11 who failed the high school proficiency examination in mathematics in the 1998-1999 school year; and
2. Provide guidance to each pupil in the coursework and remedial instruction necessary to assist the pupil in passing the high school proficiency examination during the 1999-2000 school year.
Sec. 36. 1. The department of education shall establish a task force, consisting of ten members, to conduct a study of the high school proficiency examination in mathematics.
2. The superintendent of public instruction shall appoint the following members to the task force:
(a) One director of testing of a school district;
(b) One teacher of mathematics in a public high school;
(c) One director of mathematics curriculum of a school district;
(d) One parent of a pupil enrolled in a public high school in this state;
(e) One representative of a private business or industry;
(f) One member of the council to establish academic standards for public schools; and
(g) One member of the board of trustees of a school district.
3. The majority leader of the senate shall appoint one senator to the task force.
4. The speaker of the assembly shall appoint one assemblyman to the task force.
5. The board of regents of the University of Nevada shall appoint one representative of the University and Community College System of Nevada to the task force.
6. The task force shall elect a chairman from among its members.
7. The department of education shall provide:
(a) Administrative support to the task force; and
(b) All information that is necessary for the task force to carry out its duties.
8. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the business of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
9. A member of the task force who is not a legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the task force or is otherwise engaged in the business of the task force.
Sec. 37. 1. The task force created pursuant to section 36 of this act shall:
(a) Compare the content of the high school proficiency examination in mathematics with the course of study and curriculum offered in the public schools in this state; and
(b) Review the current methods of reporting the results of the high school proficiency examination to school districts and to parents of pupils to determine whether alternative methods of reporting would improve the ability of school districts and parents to assist pupils in areas of deficiency.
2. Notwithstanding the provisions of NRS 389.017 to the contrary, the superintendent of public instruction shall disclose to the task force the questions and answers on all forms of the high school proficiency examination in mathematics to the extent the disclosure is necessary for the task force to carry out its duties. The disclosure must be made in a manner that does not violate the confidentiality of the examination.
3. The provisions of chapter 241 of NRS do not apply to a meeting or a portion of a meeting of the task force to the extent that it is necessary for the task force to maintain the confidentiality of the high school proficiency examination in mathematics.
4. The task force shall submit a report of its findings and any recommendations to the state board of education and the legislative committee on education on or before December 1, 1999.
Sec. 38. 1. There is hereby appropriated from the state general fund to the department of education the sum of $48,000 for the:
(a) Cost of preparing, printing, mailing and scoring the high school proficiency examination in mathematics for the two additional administrations of the examination required by section 32 of this act;
(b) Payment of the per diem allowances and travel expenses for the members of the task force to study the high school proficiency examination in mathematics pursuant to subsection 9 of section 36 of this act;
(c) Payroll costs of employees of the department of education for any overtime incurred for the administration of the two additional examinations required by section 32 of this act;
(d) Expenses for printing and postage for providing information on testing and practice tests to the school districts; and
(e) Payment of consulting services for a test vendor who has experience in statewide testing and high school proficiency examinations to assist the task force.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 39. 1. There is hereby appropriated from the state general fund to the department of education the sum of $300,000 for allocation to the school districts to provide remedial instruction in mathematics pursuant to section 31 of this act.
2. To receive an allocation from the appropriation made by subsection 1, a school district must submit a written plan for providing remedial instruction in mathematics that meets the requirements of section 31 of this act. The written plan must include:
(a) The estimated number of pupils that will participate in the program of remedial instruction;
(b) The curriculum that will be taught;
(c) A detailed schedule of the coursework included in the remedial instruction;
(d) The sources from which the matching money that is required by this section will be obtained; and
(e) A budget for the program.
3. The superintendent of public instruction shall, in consultation with the budget division of the department of administration and the legislative bureau of educational accountability and program evaluation, review each written plan. A written plan must be approved by the superintendent of public instruction before an allocation from the appropriation is made.
4. Except as otherwise provided in this subsection, the superintendent of public instruction shall not make an allocation to a school district unless the school district matches the allocation equally with other money available to the school district. The superintendent of public instruction may reduce the amount of matching money that a school district is otherwise required to provide if the school district demonstrates that it is unable to provide that sum of money.
5. A school district that receives an allocation pursuant to this section shall use the money to pay the expenses of teachers and other personnel hired during the summer of 1999 to provide remedial instruction in mathematics and to pay for the purchase of related instructional materials.
6. A school district that receives an allocation pursuant to this section shall not use the money to replace the money the school district would otherwise spend for programs of remedial study.
7. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 40. 1. There is hereby appropriated from the state general fund to the interim finance committee the sum of $300,000 to carry out a financial analysis model program in each school district that is designed to track educational expenditures to individual schools.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 41. 1. This section and sections 19, 20 and 21 and 27 to 40, inclusive, of this act become effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval for the purpose of appointing members to the council to establish academic standards for public schools and on July 1, 1999, for all other purposes.
3. Sections 1 to 6, inclusive, 8 to 18, inclusive, and 22 to 26, inclusive, of this act become effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; revising provisions governing the council to establish academic standards for public schools; requiring the administration and reporting of examinations related to the standards established by the council; requiring the department of education to administer the high school proficiency examination in mathematics for certain pupils who failed the examination; requiring the department of education to establish a task force to conduct a study of the high school proficiency examination in mathematics; revising other provisions relating to education; making appropriations; and providing other matters properly relating thereto.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 70.
Bill read third time.
Roll call on Senate Bill No. 70:
Yeas—21.
Nays—None.
Senate Bill No. 70 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 165.
Bill read third time.
Remarks by Senators Raggio and Amodei.
Roll call on Senate Bill No. 165:
Yeas—21.
Nays—None.
Senate Bill No. 165 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 236.
Bill read third time.
Roll call on Senate Bill No. 236:
Yeas—21.
Nays—None.
Senate Bill No. 236 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 370.
Bill read third time.
Remarks by Senators Coffin and Raggio.
Senator Raggio moved that Senate Bill No. 370 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
Senate Bill No. 432.
Bill read third time.
Remarks by Senator Porter.
Senator Porter requested that his remarks be entered in the Journal.
Thank you, Madam President. I think the title is pretty self explanatory. I would like to add for the record the encouragement of the Minority Leader who also had a similar bill that would call for an air-quality study which would be a first for southern Nevada. It is bipartisan.
Roll call on Senate Bill No. 432:
Yeas—21.
Nays—None.
Senate Bill No. 432 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 22.
Resolution read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Joint Resolution No. 22:
Yeas—20.
Nays—None.
Not Voting—Porter.
Senate Joint Resolution No. 22 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Bill No. 269.
Bill read third time.
Roll call on Assembly Bill No. 269:
Yeas—21.
Nays—None.
Assembly Bill No. 269 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 285.
Bill read third time.
Roll call on Assembly Bill No. 285:
Yeas—21.
Nays—None.
Assembly Bill No. 285 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 323.
Bill read third time.
Roll call on Assembly Bill No. 323:
Yeas—21.
Nays—None.
Assembly Bill No. 323 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 342.
Bill read third time.
Roll call on Assembly Bill No. 342:
Yeas—19.
Nays—Carlton, Titus—2.
Assembly Bill No. 342 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 380.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1162.
Amend the bill as a whole by deleting sections 4 and 5, renumbering sec. 6 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. 1. There is hereby appropriated from the state general fund to the Newlands Project Water Rights Fund, created by section 5 of this act, the sum of $3,300,000 as the state’s contribution to the fund for the protection and preservation of the natural resources of this state. All interest generated from this appropriation accrues to the benefit of the Newlands Project Water Rights Fund.
2. The Carson Water Subconservancy District shall not commit for expenditure any amount of the appropriation made by subsection 1 until the District determines that:
(a) There is and will continue to be substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999; and
(b) The City of Fallon and Churchill County have withdrawn all administrative protests and have sought to dismiss all legal actions initiated by the city and county, respectively, relating to applications for changes in the point of diversion, place of use or manner of use of water rights pending before the State Engineer on the effective date of this act as required by that joint testimony.
3. The Carson Water Subconservancy District shall not commit for expenditure during the next biennium more than $1,600,000 of the appropriation made by subsection 1.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2004, and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 6, to read as follows:
“Sec. 6. The 71st regular session of the Nevada Legislature shall review the manner in which the appropriation made by section 4 of this act has been expended and determine whether there has been substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999.”.
Amend sec. 8, page 6, line 19, by deleting “6” and inserting “5”.
Amend the title of the bill by deleting the seventh through eleventh lines and inserting: “within a certain period; establishing the Newlands Project Water Rights Fund and a related program for the acquisition of certain surface water rights; making an appropriation; and providing other matters”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Assembly Bill No. 684 be taken from the General File and placed on the General File on the Second Agenda.
Remarks by Senator Neal.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 686.
Bill read third time.
Roll call on Assembly Bill No. 686:
Yeas—21.
Nays—None.
Assembly Bill No. 686 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 22.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 22:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 22 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 24.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 24:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 24 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 4 p.m.
Motion carried.
Senate in recess at 1:47 p.m.
SENATE IN SESSION
At 4:57 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Assembly Bill No. 480, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 27, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Buckley, Parks and Hettrick as a first Conference Committee concerning Assembly Bill No. 109.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Buckley, Leslie and Berman as a first Conference Committee concerning Assembly Bill No. 280.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Giunchigliani, Hettrick and Perkins as a first Conference Committee concerning Assembly Bill No. 289.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Segerblom and Lee as a first Conference Committee concerning Assembly Bill No. 318.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Buckley, Giunchigliani and Nolan as a first Conference Committee concerning Assembly Bill No. 431.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Neighbors and Gibbons as a first Conference Committee concerning Assembly Bill No. 527.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Goldwater, Anderson and Brower as a first Conference Committee concerning Assembly Bill No. 669.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Gibbons and Neighbors as a first Conference Committee concerning Assembly Joint Resolution No. 1.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 551—AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001; authorizing the assessment of certain boards for certain costs of the Budget Division of the Department of Administration; authorizing the collection of certain amounts from the counties for the use of the services of the Public Defender; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
UNFINISHED BUSINESS
Appointment of Conference Committees
Madam President appointed Senators Shaffer, Amodei and Townsend as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 128.
Madam President appointed Senators O’Connell, Rhoads and Townsend as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 133.
Madam President appointed Senators Porter, McGinness and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 322.
Madam President appointed Senators Porter, Care and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 360.
Madam President appointed Senators O’Connell, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 391.
Madam President appointed Senators Carlton, Rhoads and Amodei as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 423.
Madam President appointed Senators O’Connell, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 475.
Madam President appointed Senators O’Connell, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 500.
Madam President appointed Senators O’Connell, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 530.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 242, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 2, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend section 1, page 1, by deleting lines 8 through 11 and inserting: “provisions of this section [must include] shall ensure that the social security numbers of both parties[.] are:”.
Amend section 1, page 1, line 14, by deleting “Filed” and inserting “Placed”.
Amend sec. 2, page 2, by deleting lines 7 through 12 and inserting:
“2. [An order made] A court that enters an order pursuant to subsection 1 for the support of any minor child or children [must include] shall ensure that the social security numbers of the parties[.] are:”.
Amend sec. 2, page 2, line 15, by deleting “Filed” and inserting “Placed”.
Amend sec. 3, page 2, by deleting lines 34 through 41 and inserting:
“[3.] (b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
2. Within 10 days after a court of this state issues an order for the support of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:”.
Amend sec. 3, page 3, line 2, by deleting “[and]” and inserting “and”.
Amend sec. 3, page 3, line 3, by deleting: “employer[.] ; and” and inserting “employer.”.
Amend sec. 3, page 3, by deleting lines 4 and 5.
Amend sec. 5, page 4, by deleting lines 20 through 23 and inserting:
“(d) The court shall [include in its order] ensure that the social security number of the responsible parent[.] is:”.
Amend sec. 5, page 4, line 26, by deleting “Filed” and inserting “Placed”.
Amend sec. 6, page 5, by deleting lines 21 and 22 and inserting:
“(b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are:”.
Amend sec. 6, page 5, line 24, by deleting “Filed” and inserting “Placed”.
Amend sec. 7, page 7, by deleting lines 11 through 16 and inserting: “approves a recommendation pursuant to this section [does not contain] shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child[, the court shall include those numbers on the recommendation before it is filed pursuant to subsection 7.] are:”.
Amend sec. 7, page 7, line 18, by deleting “Filed” and inserting “Placed”.
Amend sec. 8, page 7, by deleting lines 31 through 34 and inserting: “inclusive, must contain] shall ensure that the social security numbers of the parents or legal guardians of the child[.] are:”.
Amend sec. 8, page 7, line 36, by deleting “Filed” and inserting “Placed”.
Amend sec. 9, page 8, by deleting lines 27 through 29 and inserting: “that the social security number of the parent or guardian who is the subject of the order is:”.
Amend sec. 9, page 8, line 32, by deleting “Filed” and inserting “Placed”.
Amend the title of the bill, second line, by deleting “certain” and inserting: “social security numbers and certain other”.
Amend the summary of the bill, first line, by deleting “certain” and inserting: “social security numbers and certain other”.
Mike McGinness Bernard Anderson
Jon C. Porter John C. Carpenter
Valerie Wiener Genie Ohrenschall
Senate Conference Committee Assembly Conference Committee
Senator McGinness moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 242.
Remarks by Senator McGinness.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 480.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1191.
Amend the bill as a whole by adding the following senator as a primary joint sponsor:
Senator McGinness.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Donnell moved that Senate Bill No. 491 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator O’Donnell.
Motion carried.
Senator Raggio moved that Assembly Bill No. 684 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 30, 31, 47, 68, 152, 191, 203, 210, 263, 323, 372, 387, 436, 470, 473, 508, 521; Senate Resolution No. 9; Assembly Bills Nos. 293, 321, 525, 631.
REMARKS FROM THE FLOOR
Senator Raggio requested that a letter to Governor Guinn from Barry Gunderson, President of the Clark County Association of School Administrators, and a letter to Barry Gunderson from Senator Raggio be entered in the Journal.
Clark County Association Of School Administrators
4055 South Spencer St., Suite 230
Las Vegas, NV 89119
(702) 796-9624
May 14, 1999
Governor Kenny Guinn, State Capitol Building, Carson City, Nevada 89710
Dear Governor Guinn:
On behalf of the senior high school principals of the Clark County School District, the Clark County Association of School Administrators is submitting this letter to express its concern in regards to the new Nevada Proficiency Exam in mathematics. The Nevada Proficiency Exam in mathematics is unfair to students. Teachers, parents, administrators and community members have worked aggressively with our students to help them pass what we believe is a flawed exit exam.
A high school exit exam should measure competencies which are required in the workplace and everyday life. This proficiency exam measures skills well beyond these competencies.
In addition, there is no evidence that this exam has met the criteria for reliability and validity.
The test questions were created in haste based on newly developed standards.
The test has not been administered often enough to a large enough sample of students.
Test questions change, again without reliability or validity verification, every time the test is given.
Rewritten test items are more difficult than the original test times.
The cut-off score for passing is arbitrary, at best, and discriminatory, at worst.
We believe the current test is invalid and unfair for the graduates of 1999. The test will continue to be unfair and invalid for all the students of Nevada. We as high school principals support a fair, valid, and reliable competency exit exam.
We are hopeful that we can admit a mistake, correct it, and move on by developing an appropriate exit exam in mathematics.
Thank you for your assistance and consideration.
Sincerely,
Barry Gunderson, President
Clark County Association of School Administrators
Principal, Las Vegas Senior High School
State of Nevada
Senate
Seventieth Session
May 27, 1999
Barry Gunderson, President, Clark County Association of School Administrators,
4055 South Spencer St., Suite 230, Las Vegas, Nevada 89119
Dear Mr. Gunderson:
The purpose of this letter is to clear up certain errors and misinformation contained in your communication of May 14, 1999, to Governor Kenny Guinn on behalf of the association. The topic of your letter, the high school proficiency test, has become too important an issue to let these mistakes pass by without comment. I would like to point out that your assumptions about what is included in the test are incorrect; that your assertions about its validity are wrong; and that your students will be ill served by a negative approach to achieving higher academic standards.
It appears from your letter that you have confused the recent academic standards adopted by the Council to Establish Academic Standards with what is now required on the proficiency exam. The standards that this group established should now be in the process of being incorporated into the curriculum by each district. Those pupils who will be entering high school next year and who will be high school juniors in the 2001-2002 school year will be expected to meet those standards. The current tests reflects the curriculum framework established by the State Board of Education in 1992 for reading and in 1994 for math. If I am not mistaken, some of the principals listed as signing your letter served on the framework committee and item writing teams for the current test. Most other school districts appear to have successfully incorporated these changes into their curriculum; however, it appears that Clark County high schools had a larger number of pupils than expected fail the test. It is easy to understand your embarrassment if you have not adequately prepared your students based upon the 1994 changes to the curriculum. Rather than creating a diversion from the real issue, you should be devoting your efforts to addressing their academic needs.
In addition, the test was written by teachers in the Spring of 1996 to reflect the current curriculum; it was pilot tested in October of 1996 and again in October of 1998 to ascertain difficulty levels; item and bias reviews were conducted in Spring 1998, in June 1998, and again in October 1998; the State Board of Education set passing scores in September based upon its advisory panel recommendation. Each of these steps was executed under the direction of testing expert Stanley Rabinowitz of the WestEd Regional Education Laboratory. It is my understanding that the members of the State Board of Education were fully informed about difficulty levels, passing rates linked to each score, and the other factors you assumed they did not take into account.
It is unfortunate that you have found it necessary to devote so much energy to criticizing the test and finding fault with others. I would draw your attention to the efforts of many principals in Washoe, Elko, Lyon, White Pine, and other districts who have focused all their energy on restructuring the manner in which remedial assistance is provided to their students, and in assisting them in preparing for the examination. As an aside, it is interesting to note that none of the principals in these districts felt compelled to send us a letter about this matter. Perhaps you should communicate with your counterparts in these districts with regard to this type of positive approach.
Finally, your letter contains a philosophy of blame and finger pointing that reflects poorly upon the education community. Instead of having high expectations for all our students, it appears that you are calling for a return to failed policies of the past, embodied by a high school exit exam that almost anyone could pass. I find it astounding that you are criticizing a mathematics test that 90 percent of the students have passed, and a reading test with a 96 percent pass rate. I have reviewed the form of the test that was released, and I agree with the State Board of Education, this is the minimum level of competency we should expect of our high school graduates. The message your letter sends to the students who passed the test asked themselves “Why did I bother?”, and the message to those who are still attempting to pass has them asking “Why try?”. Your letter is at best, ill-informed; however, I am concerned about its potential to destroy the high expectations that we have established for all of Nevada’s pupils. You should be focusing your efforts upon challenging your students, not challenging the basic test of their skills.
Sincerely,
William J. Raggio
Nevada State Senator
Remarks by Senators Coffin, Raggio, O’Donnell and Neal.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Coffin:
Thank you, Madam President. I do not rise to disagree with the Majority Leader on all of his points, but just to comment that I have served as a member of one of the committees that has handled some of that legislation. I think that in all of the time we have worked on this, there is one thing we never really thought about. We thought about toughening the standards because we wanted to make those kids better, in spite of themselves and perhaps in spite of some resistance. But what we never took into consideration was that some kids may not be smart enough to pass all of them, and maybe the requirements in some areas are unduly restrictive. It could be that it’s just an oversight on our part in the sense that we have a system that is now set up to embarrass kids if they don’t get a degree and that is our cultural thing. But on the other hand, there are some people who just can’t pass some things, no matter how many tries. What do we do for them? I raise that not as some sort of a plea for mercy for children who just don’t have what it takes to get out of high school, but we don’t have a separate track for those kids. We set up a level of courses for them to take which ought to be taken, but some of them just can't pass them all, and I’m one, here, to admit that I had a hard time with algebra. I might not be able to pass that test today, myself, but in all seriousness we really never had the philosophical discussion about what it is that it takes to get out of high school and what do you really need to know. And think about here, in this body, how often do we use algebraic equations of any level.
Senator Raggio:
Yes, we have had a lot of debate on this, and I don’t necessarily want to extend it any more, but I felt there was a response necessary. The fact of life is, the test does not require that you learn algebra to pass the test. That is a fact. And you can pass this test without having done that. The broader answer is, we cannot keep lowering test grades so that everybody will pass. It is important that along the way, when people can’t meet proficiency tests, that we help them so they don’t go to the next grade on a social promotion, which is what has been happening. They have been bumped ahead without the opportunity to achieve, and we can’t do that any longer.
That is why we have put so much money into remediation programs so that these kids don’t fall through the cracks. That is what we will be doing when we pass the distributive school account here. That has got a lot of money in it from remediation as well as to improve a teacher’s capability. But it’s a long, broad subject, and you know, we have discussed it a long time.
The final answer is, not every kid is going to get a diploma. Some aren’t going to get it because they just don’t want to do it. They can have every opportunity, they can have programs, they can have after-school sessions, and there will be money to do that; some aren’t going to do it. But you just can’t keep making excuses so that everybody will get a diploma regardless of what their achievement is. Otherwise, a diploma means nothing. But it isn’t just a piece of paper. It’s whether that student is going to go out into the world and be able to compete. And that’s the disservice we render if we don’t raise the standards, if we don’t access those standards and if we don’t see to it that every opportunity is given to students to achieve. That’s a long answer to your short question.
Senator O’Donnell:
Madam President; just a point of information. The test that these students have taken this past year is on the Internet. If you take the test and, of course you pass, you will understand this is a very remedial type test. There’s not much to it. So, my advice is to sit down and go into the Internet, take a look at the test, take ten or fifteen questions and answer them. If you think they are really hard, then I can see your argument. If you think they are really, really easy, then I think you will answer your own question.
Senator Neal:
Madam President and members of the Senate, I had not intended to say anything on this subject, but it keeps coming up. You might remember last session, when we had the bill before us, I was a little bit skeptical about some of the studies that we were going into. Also, I have been somewhat skeptical about dictating a process by which we can measure the educational achievements of students from this particular body. And I think what I hear coming back to us now is telling the Legislature to butt out of this discussion and let the superintendents and educators do their jobs.
It becomes a very serious question as to whether or not any statewide examination can actually measure the knowledge upon which a student will have to function. Just to give you an example, all of you have probably heard of Chuck Yeager, the great general and test pilot. Chuck Yeager was only a high school graduate. In fact, I think he didn’t even finish high school. But yet he got an opportunity to fly a plane, and then he accomplished a great deal by his own skills and his own development.
A lot of people learn differently from other people. Some have to be visual, some have to have hands-on, some have to be shown the formulas of how you do things, and thereby, they learn from that. I can recall some years ago when I was in a college biology class, the teacher told me to write down the parts of a frog. I happen to be a very visual person, and if I could have seen the frog to identify the parts of the frog, then I could have written that down. But if you stood at the blackboard and tried to explain it to me in words, I would have a very difficult time understanding because I would have to depend on my own frame of reference. Now, the reason I make that point is, we have a situation that developed just recently that involved these examinations at Rancho High School. Rancho High School is a school that now has a lot of Hispanic people. Some have come in the middle of the high school year. They come in with a different frame of reference. You give them a test based on a four-year program, grades 8 through 12, and they are going to find it very difficult to deal with that. Because, when they see things or understand things, they have to first determine what those things are within the frame of reference that they have been dealing with.
One of the concerns that has been raised by some of the principals is, that you have to train the people in these tests if you expect to measure them as to what they have learned. What we are suggesting here, with a one standard that fits all, is that every high school and elementary school in this State must have the same course of study. That is the only way you can get a true picture of what is being taught. I don’t think we actually want that because education calls for some type of flexibility in delivering the information to the various students and throughout the various districts. These are questions that we have to deal with if we are going to sit down in one session, draw up a standard and say, okay, put that standard out there and everybody will have to follow through with that standard. We are going to have problems, and people are going to be coming back each time saying this is not working. The simple fact is, one standard does not fit all.
I remember some years ago when I was working as an equal employment opportunity officer and we used to test individuals for jobs. Some of the companies had a standard test that they would give. A lot of the Hispanics and Blacks would fail that test, mainly because there was a lot of cultural bias that was put into those exams. Meaning, of course, that the individuals did not have the frame of reference to deal with that. As an example, when I entered law school years ago, I didn’t even know what a contract was. I had to read about it because my frame of reference up to that point would not allow me to have that particular knowledge. That was not true for the person who came from a middle class background where they dealt in contracts. My people dealt on the basis of a handshake. I knew what that meant but not in terms of a contract. I had to read about that.
The other thing is, and we used to do this, when we came upon those exams, we used to go and ask the person who was putting on those exams, “Who is T-Bone Walker?” And the guy would look at you and say, “I don’t know who T-Bone Walker is.” Well, among Black people, T-Bone Walker is a noted blues singer. And, you see, if you ask all of us who Elvis Presley is, we would know that. But when you get down to an individual’s culture, you have to take their culture into account when putting out those exams. You have to make sure that those individuals with whom you are dealing have an opportunity to understand the question, the language that you are using and what the words mean. That is very important, because if you read those exams and you don’t understand what the words mean, or if you have another interpretation of the words, you are going to respond differently. That doesn’t mean that you can’t perform; you just didn’t know what the words meant. Yet you are measured on that scale. I just wanted to share this with you. Hear what is going on and let us not get off on the wrong track by saying one way is right and the other is wrong. Let’s try to figure out what the problem is.
The problem may be that the students who did not pass the exam had some problems other than not knowing the information. Maybe they could not process the information like other students. And then, again, you have individuals who just cannot take examinations. They cannot; they freeze up. You have to take that into account. In fact, I won’t name the individual, but there is one lawyer in this body, serving now, who could not take the written bar examination. They had to be given the examination orally in order for the individual to pass it, because they could not sit there and read and then translate that information. We have those types of problems also, cultural and other types of problems. But let’s not say that this person is right or wrong or that person is right or wrong. Let’s try to figure out what the problem is and try to deal with it from that particular standpoint. Thank you.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Cary Fisher and Paul Fisher.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Bob Bailey, Ana Bailey and John Bailey.
Senator Raggio moved that the Senate adjourn until Friday, May 28, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 5:17 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas