[Rev. 2/6/2019 2:46:24 PM]
κ2007 Statutes of Nevada, Page 3573κ
Senate Concurrent Resolution No. 38Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Titus, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Gerhardt, Goedhart, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack
FILE NUMBER 80
Senate Concurrent RESOLUTION — Congratulating the University of Nevada, Reno, mens basketball team on an outstanding season.
Whereas, The University of Nevada, Reno, mens basketball team had an outstanding 2006-2007 season; and
Whereas, The team reached a school-best ranking of 9 in the national polls and finished with a school-best record of 29-5; and
Whereas, The team won the regular season championship of the Western Athletic Conference; and
Whereas, The team earned a berth in the National Collegiate Athletic Association national championship tournament, winning its first-round game; and
Whereas, Senior Nick Fazekas became the leading scorer in school history with 2,464 points in an outstanding 4-year career, being named the Western Athletic Conference Player of the Year for 3 consecutive years, being named this season to seven postseason All-American Teams and being named a finalist for the John R. Wooden Award; and
Whereas, The teams success drew large crowds and an enthusiastic Wolf Pack spirit to the University of Nevada, Reno, campus; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 74th Session of the Nevada Legislature do hereby congratulate the Wolf Pack mens basketball team on its outstanding season; and be it further
Resolved, That the team performed admirably all season, and Head Coach Mark Fox and the entire mens basketball program are hereby commended for the pride, honor and national recognition they have brought to the University and the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Coach Fox, Cary Sue Groth, Director of Intercollegiate Athletics, and Dr. Milton Glick, President of the University of Nevada, Reno.
________
κ2007 Statutes of Nevada, Page 3574κ
Senate Concurrent Resolution No. 39Senators Washington, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Titus, Townsend, Wiener and Woodhouse
Joint Sponsors: Assemblymen Atkinson; Allen, Anderson, Arberry, Beers, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Gerhardt, Goedhart, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack
FILE NUMBER 81
Senate Concurrent RESOLUTION — Urging support of the American Stroke Associations Power to End Stroke campaign.
Whereas, Stroke is the third leading cause of death in the United States, striking about 700,000 Americans each year and killing 150,000; and
Whereas, Stroke is also a leading cause of serious long-term disability in the United States with more than 1.1 million adults experiencing functional limitations or difficulty with activities of daily living resulting from a stroke; and
Whereas, On the average, a stroke occurs every 45 seconds in the United States and takes a life every 3 minutes; and
Whereas, The estimated direct and indirect costs of stroke in the United States this year will be over $62 billion; and
Whereas, The majority of Americans are neither aware of their risk factors for a stroke nor are they aware of the signs and symptoms of an impending stroke; and
Whereas, According to statistics, African Americans have almost twice the risk of first-ever stroke compared to Caucasians mainly because of their increased risk for hypertension, high cholesterol and diabetes; and
Whereas, The American Stroke Association recently launched the Power to End Stroke campaign, the goal of which is to educate and empower African Americans, as well as those of other ethnic groups, to fight stroke in their communities; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby urges all residents of this State to recognize that stroke is a health battle that must be taken seriously in order to reduce its risks; and be it further
Resolved, That the Legislature further urges all Nevadans to support the American Stroke Associations Power to End Stroke campaign by encouraging members of our communities to become familiar with the warning signs, symptoms and risk factors associated with a stroke in an effort to create a movement to help each other live stronger, healthier lives; and be it further
κ2007 Statutes of Nevada, Page 3575 (FILE NUMBER 81, SCR 39)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Western States Affiliate of the American Heart Association and the Chronic Disease Section of the Health Division of the Nevada Department of Health and Human Services.
________
Assembly Concurrent Resolution No. 6Committee on Education
FILE NUMBER 82
ASSEMBLY Concurrent RESOLUTION — Urging the boards of trustees of the school districts in this State and the Nevada System of Higher Education to expand the availability and scope of programs of career and technical education offered in high schools for which pupils receive college credit.
Whereas, Career and technical education represents a significant contribution to the education of pupils enrolled in the public schools in this State by providing the pupils with gains in academic achievement, expanded career choices and the opportunity to start their education at the postsecondary level while in high school; and
Whereas, Reports by the Nevada Department of Education indicate that:
1. The percentage of pupils who graduate and receive a high school diploma is higher for pupils who participate in a program of career and technical education than the total percentage of pupils who graduate and receive a high school diploma in the State;
2. The percentage of pupils who drop out of high school is lower for pupils who participate in a program of career and technical education than the total percentage of pupils who drop out of high school in the State; and
3. Approximately 50 percent of pupils attending high school in this State take at least one course of career and technical education; and
Whereas, Currently, certain school districts in this State and certain institutions within the Nevada System of Higher Education enter into agreements pursuant to which high schools in the school district offer programs of career and technical education to pupils enrolled in grades 11 and 12 at the high schools, which are taught by teachers at the high schools; and
Whereas, A pupil who successfully completes a course in such a program and who receives the minimum grade required by the program receives both high school credit and college credit for the course, which saves the pupil both time and money, and allows the pupil to make significant strides before graduation from high school toward completion of a college degree; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 74th Session of the Nevada Legislature hereby urge the boards of trustees of the school districts in this State and the institutions within the Nevada System of Higher Education to expand the availability of the programs of career and technical education for which pupils receive college credit at high schools in this State and to expand existing programs to offer more courses of career and technical education; and be it further
κ2007 Statutes of Nevada, Page 3576 (FILE NUMBER 82, ACR 6)κ
which pupils receive college credit at high schools in this State and to expand existing programs to offer more courses of career and technical education; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chairman of the Board of Regents of the University of Nevada, the Superintendent of Public Instruction and the president of the board of trustees of each school district in this State.
________
Assembly Concurrent Resolution No. 29Assemblymen Gerhardt, Segerblom, Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Goedhart, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Settelmeyer, Smith, Stewart, Weber and Womack
Joint Sponsors: Senators Woodhouse; Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Titus, Townsend, Washington and Wiener
FILE NUMBER 83
Assembly Concurrent RESOLUTION — Encouraging the Department of Health and Human Services to take certain actions concerning chronic obstructive pulmonary disease.
Whereas, Chronic obstructive pulmonary disease (COPD), which includes chronic bronchitis and emphysema, is the fourth leading cause of death in the United States, affecting one in four Americans over the age of 45; and
Whereas, COPD is a chronic progressive disease that affects over 89,000 Nevadans and impacts nearly 24 million Americans; and
Whereas, Statistics reveal that COPD accounts for one death every 4 minutes in the United States each year and is one of the leading causes of disability; and
Whereas, In 2004, the cost to the nation for COPD was approximately $37.2 billion, including $20.9 billion in direct health care expenditures, $7.4 billion in indirect morbidity costs and $8.9 billion in indirect mortality costs; and
Whereas, Early diagnosis and management of COPD can effectively reduce the overall financial burden of the illness within public programs such as Medicaid; and
Whereas, Proper treatment of COPD can lead to improved quality of life and self-sufficiency on the part of patients who receive care within public programs; and
Whereas, COPD is a chronic disease suitable for inclusion in programs for the management of diseases; and
κ2007 Statutes of Nevada, Page 3577 (FILE NUMBER 83, ACR 29)κ
Whereas, The National Heart, Lung, and Blood Institute of the National Institutes of Health of the United States Department of Health and Human Services launched a public outreach campaign titled Learn More Breathe Better to increase awareness and understanding of COPD and its risk factors and to underscore the benefits of early detection and treatment in slowing the disease and improving the quality of life; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby encourages the Department of Health and Human Services to recognize the importance of early diagnosis and treatment of persons with COPD and those at greatest risk for the disease; and be it further
Resolved, That the Nevada Legislature further encourages the Department of Health and Human Services to increase awareness and understanding of COPD through the promotion and support of the COPD campaign recently launched by the National Heart, Lung, and Blood Institute; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Department of Health and Human Services.
________
Senate Concurrent Resolution No. 3Committee on Natural Resources
FILE NUMBER 84
SENATE Concurrent RESOLUTION — Expressing support for the Tahoe Science Consortium.
Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and
Whereas, The Legislature of the State of Nevada is vitally concerned with conserving the natural resources of the entire Lake Tahoe Basin and with the public and private programs and activities that support such conservation; and
Whereas, Substantial gaps exist in the current understanding of the environmental processes in the Lake Tahoe Basin; and
Whereas, A unified and collaborative research effort will provide the most efficient path to restoring and maintaining the multiple components of the complex ecosystems of the Lake Tahoe Basin; and
Whereas, In August 2005, a group of six research institutions and seven resource management agencies entered into a memorandum of understanding to support the development of the Tahoe Science Consortium, to specify the primary objective of the Consortium and to develop a structure of governance for the Consortium; and
Whereas, The purpose of the Tahoe Science Consortium is to contribute to the restoration of Lake Tahoe, its watershed and its air basin by providing the best scientific information possible for management of the Basins natural resources; and
κ2007 Statutes of Nevada, Page 3578 (FILE NUMBER 84, SCR 3)κ
Whereas, The Tahoe Science Consortium will enhance the state of knowledge concerning the management of the environment of the Lake Tahoe Basin and improve informed decision making concerning the Lake Tahoe Basin; and
Whereas, The functions of the Tahoe Science Consortium include scientific advancement, adaptive management and scientific consultation; and
Whereas, The Tahoe Science Consortium will work in close cooperation with resource management agencies to achieve its objectives and forge greater collaboration between scientists and agency personnel; and
Whereas, The Tahoe Science Consortium has pledged to work closely with the resource management agencies in the Lake Tahoe Basin to provide the best possible science for policy, management and regulatory decision making; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 74th Session of the Nevada Legislature do hereby express their support for the Tahoe Science Consortium; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Tahoe Science Consortium, the Executive Director of the Tahoe Regional Planning Agency and the Director of the State Department of Conservation and Natural Resources.
________
Senate Concurrent Resolution No. 44Senators Horsford, Washington, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Titus, Townsend, Wiener and Woodhouse
Joint Sponsors: Assemblymen Parks; Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Gerhardt, Goedhart, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack
FILE NUMBER 85
Senate CONCURRENT RESOLUTION — Recognizing December 1, 2007, as World AIDS Day.
Whereas, Acquired Immunodeficiency Syndrome, AIDS, is perhaps the most serious public health problem of our time; and
Whereas, Approximately 39.5 million people in the world are infected with the Human Immunodeficiency Virus (HIV), the virus that causes AIDS, over 25 million people have been lost to AIDS so far, and, in 2006, 4.3 million people have become infected with AIDS, more than in any previous year; and
Whereas, Started in 1988 by the Joint United Nations Programme on HIV/AIDS, World AIDS Day, now coordinated by The World AIDS Campaign, is not just about raising money to help the fight against AIDS, but also about increasing awareness, fighting prejudice and improving education; and
κ2007 Statutes of Nevada, Page 3579 (FILE NUMBER 85, SCR 44)κ
Campaign, is not just about raising money to help the fight against AIDS, but also about increasing awareness, fighting prejudice and improving education; and
Whereas, World AIDS Day is a day to appreciate, understand and acknowledge the danger that AIDS poses to humanity and the extent to which it has spread all over the world; and
Whereas, The ongoing slogan for World AIDS Day is Stop AIDS. Keep the Promise.; and
Whereas, This years theme is Leadership, not just leadership within government, but in families, communities and countries, both locally and internationally; and
Whereas, In Nevada, according to the Bureau of Community Health of the Health Division of the Department of Health and Human Services, in 2003, Nevada ranked 18th in the nation for the annual AIDS case rate and 20th in the nation for the number of new HIV cases; and
Whereas, It is important for the future health of the residents of the State of Nevada, and for people all over the world, to continue to fight against this disease; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 74th Session of the Nevada Legislature hereby recognize December 1, 2007, as World AIDS Day in Nevada; and be it further
Resolved, That the residents of Nevada are encouraged to participate in this event, as a show of solidarity, support and sympathy for the many victims of AIDS locally and worldwide; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Deborah McBride, Chief of the Bureau of Community Health of the Health Division of the Department of Health and Human Services, Caroline Ciocca, Executive Director of Aid for AIDS of Nevada, and Lori Smith-Ingberg, Executive Director of the Nevada AIDS Foundation.
________
Senate Concurrent Resolution No. 18Committee on Human Resources and Education
FILE NUMBER 86
SENATE Concurrent RESOLUTION — Expressing support for vocational rehabilitation programs and services in this State.
Whereas, Vocational rehabilitation programs and services are of great importance to persons with disabilities in this State, helping such individuals so that they may prepare for and engage in gainful employment and live more independently; and
Whereas, The Department of Employment, Training and Rehabilitation has access to state and federal money as well as private contributions to cover the costs of providing vocational rehabilitation services to persons with disabilities; and
Whereas, The costs of providing such services can include, without limitation, costs for assessment, counseling, medical and psychological services, vocational and other training, job placement, transportation, assistance to persons who are blind and deaf, and other goods and services needed by persons with disabilities; and
κ2007 Statutes of Nevada, Page 3580 (FILE NUMBER 86, SCR 18)κ
services, vocational and other training, job placement, transportation, assistance to persons who are blind and deaf, and other goods and services needed by persons with disabilities; and
Whereas, This money can also be used to assist families of persons with disabilities who are being provided vocational rehabilitation services and to benefit groups of such persons by the construction and establishment of community programs; and
Whereas, The Rehabilitation Services Administration of the United States Department of Education, which allocates Section 110 funding based on disability population demographics, allocated $3,000,000 to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation that was not matched for Fiscal Year 2006, causing the loss of this money; and
Whereas, Preliminary estimates indicate that for the next fiscal year, Nevada will continue to send back federal money that could fund beneficial programs for which the need is critical; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby express their support for the use of state and federal money as well as private contributions for the development of facilities, programs and other resources needed by persons with disabilities in this State to help them prepare for and engage in gainful employment; and be it further
Resolved, That by using private and state money to provide a full match, and thereby maximizing the receipt of federal money, the Department will be able to provide vocational rehabilitation services to help persons with disabilities consistent with their strengths, resources, priorities, concerns, capabilities, interests and informed choice; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Employment, Training and Rehabilitation.
________
κ2007 Statutes of Nevada, Page 3581κ
Senate Concurrent Resolution No. 46Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Titus, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Buckley; Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Gerhardt, Goedhart, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack
FILE NUMBER 87
Senate Concurrent RESOLUTION — Honoring Richard J. Morgan on his retirement as the Dean of the William S. Boyd School of Law.
Whereas, Richard J. Morgan earned his bachelor of arts degree in political science at the University of California, Berkeley, and his juris doctor degree at the University of California, Los Angeles, practiced with a private law firm for nearly a decade, and served as Professor of Law, Associate Dean and Dean of the Arizona State University College of Law and as Dean at the University of Wyoming College of Law; and
Whereas, When Richard Morgan was hired in 1997 as the Dean of the William S. Boyd School of Law at the University of Nevada, Las Vegas, there was no law school, no building, no library, no curriculum, no policies or procedures, no faculty and no students, and the schools first facility was an aged elementary school which was vacated only 2 months before the opening of the law school, but Dean Morgan had an extraordinary three-pronged vision for this new and daunting undertaking; and
Whereas, First, this would be an excellent, first-rate law school, not just one that would meet minimal accreditation standards; and
Whereas, Second, this would be Nevadas law school, one that serves all of Nevada and is available to people of all economic circumstances; and
Whereas, Third, this law school would be deeply committed to providing service to the community because, for Dean Morgan, service lies at the very core of the legal profession, and therefore service needs to be at the core of legal education, and he regards the legal profession as one that protects individual rights, provides leadership, and resolves or avoids disputes in an ethical and professional manner; and
Whereas, To bring his dream to fruition, Dean Morgan rallied the leaders of the State by talking to Legislators, judges, bar associations, law firms and community leaders about the importance of having a leading law school in Nevada; and
Whereas, Recognizing that people are the heart of any great endeavor, Dean Morgan set about attracting the best faculty and students and a dedicated staff to support them; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 74th Nevada Legislature honor Dean Richard J. Morgan for his extraordinary vision and his dedication in committing to make the William S. Boyd School of Law an exceptional school, as evidenced by its recent ranking as one of the top 100 law schools in the country by U.S. News & World Report; and be it further
κ2007 Statutes of Nevada, Page 3582 (FILE NUMBER 87, SCR 46)κ
school, as evidenced by its recent ranking as one of the top 100 law schools in the country by U.S. News & World Report; and be it further
Resolved, That the members of the Legislature congratulate Dean Morgan as he retires after 10 years as Dean of the William S. Boyd School of Law and 20 years as a dedicated educator and dean; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dean Richard J. Morgan.
________
Assembly Joint Resolution No. 7Assemblymen Parnell, Marvel, Anderson, Gansert, Grady, Bobzien, Carpenter, Cobb, Goedhart, Goicoechea, Leslie, Settelmeyer and Smith
Joint Sponsor: Senator Amodei
FILE NUMBER 88
Assembly Joint RESOLUTION — Urging the Secretary of the Interior to fully fund the interagency airtanker base programs for wildland fire suppression in Battle Mountain, Minden and Stead.
Whereas, The United States Department of the Interior, through the Bureau of Land Management, has provided vital fire suppression services to the State of Nevada; and
Whereas, These services include air support for wildland fire suppression in northern Nevada through interagency airtanker base operations at the Battle Mountain, Minden-Tahoe and Reno Stead Airports; and
Whereas, The areas of service include the forests and watershed surrounding Lake Tahoe, one of the nations premiere natural treasures, and the wildland urban interface along the Sierra Front in both Nevada and California; and
Whereas, In July 2006, Nevada ranked first in the nation in the amount of wildland acreage burned by wildfire in the United States; and
Whereas, The Federal Government owns and manages 87 percent of the land in Nevada; and
Whereas, The Bureau of Land Management has provided exemplary air support for fighting the wildland fires which have threatened Nevadas residents, private property, public lands and other valuable natural resources; and
Whereas, The Sierra Front has complex and challenging conditions that generate volatile and high-intensity wildland fires which are fought over rugged terrain, and airtankers are a critical component of the fight, being used primarily for initial attack and support; and
Whereas, Continued funding for the full operation of the interagency airtanker base programs in Battle Mountain, Minden and Stead with single-engine airtankers that can provide the quick response needed for early suppression of a wildland fire is critical; and
Whereas, The Secretary of the Interior has the authority to authorize the expenditure of money to provide full funding for the interagency airtanker base programs; now, therefore, be it
κ2007 Statutes of Nevada, Page 3583 (FILE NUMBER 88, AJR 7)κ
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 74th Session of the Nevada Legislature hereby urge the Secretary of the Interior to fully fund the interagency airtanker base programs for wildland fire suppression in Battle Mountain, Minden and Stead; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, the Secretary of the Interior and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 9Assemblyman Mortenson
FILE NUMBER 89
Assembly Joint RESOLUTION — Urging Congress to allow certain proceeds from the Southern Nevada Public Land Management Act of 1998 to be used for Nevadas state parks.
Whereas, In 1998, Congress passed the Southern Nevada Public Land Management Act of 1998, Public Law 105-263, which allows the Secretary of the Interior to sell certain federal lands in Clark County, Nevada, for possible development and authorizes use of the proceeds to acquire, conserve and protect environmentally sensitive lands in the State of Nevada; and
Whereas, Under the provisions of the Act, 5 percent of the profits from sales of the land is allocated to help fund education, 10 percent is allocated for water and airport infrastructure projects and the remaining 85 percent is deposited into a special account for disbursement; and
Whereas, The money in the special account is specified for certain capital improvement projects, including projects at Lake Mead, Red Rock Canyon, the Desert National Wildlife Refuge and other federally managed recreational areas, the development of parks, trails and a multispecies habitat conservation plan in and around Clark County, the acquisition of environmentally sensitive lands, and restoration and conservation of the Lake Tahoe Basin; and
Whereas, Since the first auction of land in 1999, this Act has generated approximately $3 billion, $2.5 billion of which has been disbursed from the special account; and
Whereas, Although the money distributed pursuant to the Act has been used for the enhancement and conservation of many federally managed areas in Nevada, there are numerous state parks in Nevada which could also benefit from this money; and
Whereas, With the growing popularity of the many rural recreational and historic sites in Nevada, it is vital that Nevadas state parks be maintained and preserved for the continued enjoyment of the residents of Nevada and its tourists; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature urge Congress to amend the Southern Nevada Public Land Management Act of 1998 to authorize the State of Nevada to use a portion of the money in the special account for the improvement and preservation of Nevadas state parks; and be it further
κ2007 Statutes of Nevada, Page 3584 (FILE NUMBER 89, AJR 9)κ
authorize the State of Nevada to use a portion of the money in the special account for the improvement and preservation of Nevadas state parks; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, the Secretary of the Interior and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 10Assemblymen Pierce, Parks, Koivisto, Arberry, Claborn, McClain, Ohrenschall and Segerblom
FILE NUMBER 90
Assembly Joint RESOLUTION — Urging Congress to reevaluate the fast track approval of international trade agreements.
Whereas, As international trade has evolved in recent years under the fast track authority by which Congress reviews international trade agreements involving the United States, the authority for which will expire on June 30, 2007, significant questions have developed with respect to the continuing ability of states to retain their character, environmental controls and quality of life; and
Whereas, Under fast track rules, the review of complex trade agreements by Congress is limited to a vote to approve or reject the agreements, after limited time for consideration, without the possibility of amendments; and
Whereas, Trade agreements today have an impact which extends significantly beyond the bounds of traditional trade matters such as tariffs and quotas, and instead grant foreign investors and service providers certain rights and privileges regarding acquisition of land and facilities and regarding operations within a states territory, subject state laws to challenge as non-tariff barriers to trade in the binding dispute resolution bodies that accompany the pacts and place limits on the future policy options of state legislatures; and
Whereas, Despite the demonstrated variety of significant impacts that trade and investment agreements have on state governance, taxation authority, environmental protection, land use regulation and many other areas of state interest, states and local governments have not received assurances that their concerns will be adequately addressed in any fast track renewal process; and
Whereas, Federal legislation should clarify the negotiating agenda of the United States in a manner that establishes a stronger role for states and should include an explicit mechanism for the prior informed consent of affected state legislatures; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby urges Congress to reevaluate the fast track approval of international trade agreements, and to consider replacing that authority with a more democratic, inclusive and deliberative mechanism which takes into consideration the concerns of state legislatures and authorizes their participation in the international trade agreement process; and be it further
κ2007 Statutes of Nevada, Page 3585 (FILE NUMBER 90, AJR 10)κ
mechanism which takes into consideration the concerns of state legislatures and authorizes their participation in the international trade agreement process; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 16 of the 73rd SessionCommittee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 91
ASSEMBLY Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide requirements for the enactment of property and sales tax exemptions.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 6, be added to Article 10 of the Nevada Constitution to read as follows:
Sec. 6. 1. The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail unless the Legislature finds that the exemption:
(a) Will achieve a bona fide social or economic purpose and the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and
(b) Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.
2. In enacting an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail, the Legislature shall:
(a) Ensure that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers; and
(b) Provide a specific date on which the exemption will cease to be effective.
________
κ2007 Statutes of Nevada, Page 3586κ
Senate Joint Resolution No. 4Senators Raggio, Townsend and Nolan
FILE NUMBER 92
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to require the Legislature to provide for the organization and duties of the Board of Regents and the appointment of its members by the Governor.
Legislative Counsels Digest:
The members of the Board of Regents of the University of Nevada are elected by the voters of this State. (Nev. Const. Art. 11, § 7; NRS 396.040) This joint resolution proposes to amend the Nevada Constitution to require the Legislature to provide for the organization and duties of the Board of Regents and the appointment of its members by the Governor.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 7 of Article 11 of the Nevada Constitution be amended to read as follows:
[Sec: 7. The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first four years and until their successors are elected and qualified constitute]
Sec. 7. 1. There is hereby created a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. [But the]
2. The Legislature shall [at its regular session next preceding the expiration of the term of office of said Board of Regents] provide by law for [the election of a new] :
(a) The organization of the Board of Regents [and define their duties.] , including, but not limited to, the number of members of the Board of Regents and the qualifications and terms of office of the members of the Board of Regents;
(b) The appointment of the members of the Board of Regents by the Governor; and
(c) The duties of the Board of Regents and its members.
And be it further
Resolved, That if the constitutional amendment included in this joint resolution is ratified by the voters at the general election on November 2, 2010, and the votes for and against the constitutional amendment are canvassed by the Supreme Court of Nevada pursuant to NRS 293.395, the Legislature may, in implementing the provisions of the constitutional amendment, terminate the terms of office of the members of the Board of Regents if the Legislature determines such action is in the best interests of the people of this State.
________
κ2007 Statutes of Nevada, Page 3587κ
Senate Joint Resolution No. 6Senator Horsford
Joint Sponsor: Assemblyman Hardy
FILE NUMBER 93
Senate Joint RESOLUTION — Urging Congress to reauthorize the State Childrens Health Insurance Program to assure federal funding for the Nevada Check Up program.
Whereas, The Legislature of the State of Nevada regards the health of our children to be of paramount importance to families in our State, and considers protecting the health of our children essential to the well-being of our youngest citizens and the quality of life in Nevada; and
Whereas, The Legislature of the State of Nevada regards poor health as a threat to the educational achievement and the social and psychological well-being of Nevadas children; and
Whereas, The Legislature of the State of Nevada considers the Nevada Check Up program, which has enrolled 28,775 uninsured children since its inception in 1998, to be an integral part of the health benefits for the children of this State; and
Whereas, The Legislature of the State of Nevada recognizes the value of the Nevada Check Up program in improving and preserving child wellness, preventing and treating childhood disease, and reducing overall health costs, and considers the federal funding available for the Nevada Check Up program to be indispensable to providing health benefits for children of modest means; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Legislature urges each member of the Nevada Congressional Delegation to ensure that the United States Congress timely reauthorizes the State Childrens Health Insurance Program (SCHIP) to assure federal funding for the Nevada Check Up program; and be it further
Resolved, That the Legislature urges the Governor to work with the Nevada Congressional Delegation to ensure that SCHIP is reauthorized in a timely manner; and be it further
Resolved, That the Legislature proclaims that all components of state government should work together with educators, health care providers, social workers and parents to ensure that all available public and private assistance for providing health benefits to uninsured children in this State be used to the maximum extent possible; and be it further
Resolved, That the Legislature urges the Governor to utilize all his resources to provide meaningful assistance to help identify and enroll children who qualify for Medicaid or the Nevada Check Up program; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the Nevada Congressional Delegation and to Governor Jim Gibbons; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3588κ
Senate Joint Resolution No. 10Committee on Natural Resources
FILE NUMBER 94
Senate Joint RESOLUTION — Expressing support for the designation of trails for off-highway vehicles by certain federal agencies.
Whereas, Approximately 86 percent of Nevadas land is federally owned, with the Bureau of Land Management managing 68 percent and the United States Forest Service managing 8 percent; and
Whereas, Recreation is the fastest growing use of public lands, and as the population of Nevada and our nation continues to grow, the demand for recreational use of and access to public lands also grows; and
Whereas, Nevada lacks a comprehensive designated route system for the estimated 400,000 off-highway vehicles in this State which are part of the lifestyle for many Nevadans; and
Whereas, The explosion of off-highway vehicle use across the nation and conflicts with other land uses have often led to undesirable results, such as serious physical injuries, the spread of noxious and invasive weeds, environmental damage and litigation or the closing of federal lands to off-highway vehicles; and
Whereas, The Bureau of Land Management and the United States Forest Service recognize the need to improve the management of off-highway vehicle use, to reduce conflicts and resource impacts, and to minimize the soil, watershed, wildlife and habitat impacts from off-highway vehicles to protect our public lands while continuing to provide for a wide variety of recreational opportunities; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature hereby supports the actions and policies of the Bureau of Land Management and the United States Forest Service which designate specific roads, trails and limited-use areas for use by off-highway vehicles and hereby urges the Bureau of Land Management and the United States Forest Service to carry out those actions and policies in cooperation with other groups, including local law enforcement, hunting, hiking, biking, ranching and conservation groups and others who work on issues involving Nevadas backcountry; and be it further
Resolved, That the Nevada Legislature urges the Bureau of Land Management and the United States Forest Service to require that off-highway vehicles stay on existing roads and trails and not pioneer unauthorized roads and trails; and be it further
Resolved, That the Bureau of Land Management and the United States Forest Service are encouraged to enter into interagency agreements with federal, state and local law enforcement agencies to use resources efficiently and to ensure sufficient enforcement of policies and regulations; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Secretaries of Agriculture and the Interior, the Chief of the United States Forest Service, the Director of the Bureau of Land Management and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3589κ
Senate Joint Resolution No. 11Committee on Natural Resources
FILE NUMBER 95
Senate Joint RESOLUTION — Encouraging the use of biomass in the production of energy in Nevada and encouraging certain activities relating to that production.
Whereas, Biomass is the term used to describe organic matter that is available on a renewable basis, including, but not limited to, agricultural crops and agricultural wastes, wood and wood residues, animal wastes, municipal wastes and various aquatic plants; and
Whereas, Unlike petroleum, biomass is a resource that is renewable and is generally readily available at the location where it is used to produce renewable energy, thereby reducing the costs of distributing the biomass; and
Whereas, Although the production and use of renewable energy is encouraged in Nevada, and biomass is included in the incentives provided for the production and use of renewable energy, the availability and benefits of using biomass itself should be accentuated and brought to the attention of the members of the general public; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature hereby urges Congress to make biomass eligible for production tax credits at the same level and in the same manner as wind and geothermal energy; and be it further
Resolved, That this Legislature encourages the use of biomass in the production of energy in Nevada and therefore urges all Nevadans to consider investing money in the production of energy from biomass and to participate in the establishment throughout the State of Nevada of projects that demonstrate the effectiveness and desirability of using locally obtained biomass in the production of energy and partnerships between private enterprises and federal, state and local governmental entities to create those projects; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Secretary of Agriculture, the Director of the Bureau of Land Management, the Chief of the United States Forest Service, the Governor of the State of Nevada, the Director of the State Department of Conservation and Natural Resources and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3590κ
Senate Joint Resolution No. 12Committee on Natural Resources
FILE NUMBER 96
Senate Joint RESOLUTION — Expressing disapproval of recent civil actions filed against local ranchers and the Bureau of Land Management in the management of public rangelands and the issuance of grazing permits for those public rangelands.
Whereas, Several civil actions have been filed recently against the Bureau of Land Management and local ranchers in Nevada who graze livestock on public rangelands in accordance with grazing permits; and
Whereas, In those civil actions, it is alleged that the Bureau of Land Management, in issuing Final Multiple Use Decisions for the issuance of grazing permits on grazing allotments located in Nevada, has violated federal law by failing to consider the ecological implications of authorizing livestock grazing on those allotments; and
Whereas, The protection of the environment under the National Environmental Policy Act and the filing of civil actions to ensure that protection are activities that are important to our nation; and
Whereas, The production of livestock is also an important activity to our nation and is an essential part of the local economy in many of Nevadas rural areas; and
Whereas, The excessive filing of lawsuits and resulting bureaucratic delays inhibit the implementation of principles of good stewardship in the management of public rangelands by local ranchers and the Bureau of Land Management in Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature hereby expresses its disapproval of the filing of recent civil actions against local ranchers and the Bureau of Land Management alleging violations of the National Environmental Policy Act and the Federal Land Management and Policy Act of 1976 in the management of public rangelands and the issuance of grazing permits for those public rangelands; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor of the State of Nevada, the Director of the Bureau of Land Management, the Chief of the United States Forest Service, the President of the National Cattlemens Beef Association, the President of the Nevada Cattlemens Association, the Executive Director of the Public Lands Council and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3591κ
Senate Joint Resolution No. 13Committee on Natural Resources
FILE NUMBER 97
Senate Joint RESOLUTION — Urging Congress to provide additional appropriations or any other form of assistance to federal agencies and the State of Nevada for the prevention and suppression of wildfires and the rehabilitation of public rangelands destroyed by wildfires in Nevada.
Whereas, During 2005, approximately 1,032,104 acres of land were burned by 794 wildfires occurring in Nevada; and
Whereas, During 2006, approximately 1,468,189 acres of land were burned in Nevada, thereby making Nevada one of the highest ranking states for the amount of land destroyed by wildfires; and
Whereas, The costs of suppressing wildfires for federal agencies nationwide is significant, totaling approximately $161,403,000 for the Bureau of Land Management and approximately $614,000,000 for the United States Forest Service for the fire season for 2005; and
Whereas, Approximately 87 percent of the land in Nevada is controlled by the Federal Government, and much of that land includes public rangelands that are used in rural areas of Nevada to support the local ranching industry; and
Whereas, The production of livestock is an important asset for rural communities; and
Whereas, When wildfires occur on public land, those wildfires often destroy portions of the public rangelands in Nevada, thereby making them unavailable for use until rehabilitated; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge Congress to provide additional appropriations or any other form of assistance to federal agencies and the State of Nevada in the prevention and suppression of wildfires and the rehabilitation of public rangelands destroyed by wildfires in Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, the Chairman of the Committee on Appropriations of the United States Senate, the Chairman of the Committee on Appropriations of the United States House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3592κ
Senate Joint Resolution No. 15Committee on Legislative Operations and Elections
FILE NUMBER 98
Senate Joint RESOLUTION — Urging the President and Congress to continue to support the participation of the Republic of China on Taiwan in the World Health Organization.
Whereas, In the first chapter of its charter, the World Health Organization set forth the objective of attaining the highest possible level of health for all people, and participation in international health programs is crucial as the potential for the spread of infectious diseases increases proportionately with increases in world trade, travel and population; and
Whereas, Taiwans population of over 23 million is larger than three-fourths of the member countries who currently participate in the World Health Organization; and
Whereas, The achievements of Taiwan in the field of health are substantial and include one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox and the plague, and the distinction of being the first country in the world to provide children with free hepatitis B vaccinations; and
Whereas, Before its loss of membership in the World Health Organization in 1972, Taiwan sent specialists to serve in other member countries on countless health projects and its health experts held key positions in the organization, all to the benefit of the entire Pacific region; and
Whereas, Presently, this remarkable country is not allowed to participate in any forums or workshops organized by the World Health Organization concerning the latest technologies in the diagnosis, monitoring and control of disease; and
Whereas, In recent years, the government and the expert scientists and doctors of Taiwan have expressed a willingness to assist financially and technically in international aid and health activities supported by the World Health Organization, but these offers have been refused; and
Whereas, Admittance of Taiwan to the World Health Organization would bring tremendous benefits to all persons in this world; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge President George W. Bush and the Congress of the United States to continue to support all efforts made by the Republic of China on Taiwan to gain meaningful participation in the World Health Organization; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States, the Speaker of the House of Representatives, the Secretary of Health and Human Services, the Director General of the Taipei Economic and Cultural Office in San Francisco, the Executive Director of the Las Vegas Taiwanese Chamber of Commerce and the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3593κ
Senate Joint Resolution No. 16Committee on Legislative Operations and Elections
FILE NUMBER 99
Senate Joint RESOLUTION — Urging the President and Congress to support a free trade agreement between the Republic of China on Taiwan and the United States.
Whereas, It is our belief that it is this countrys responsibility to promote the values of freedom and democracy, a commitment to open markets and the free exchange of goods and ideas both at home and abroad, and the Republic of China on Taiwan shares these values and has struggled throughout the past 50 years to create what is an open and thriving democracy; and
Whereas, Despite the fact that Taiwan is a member of the World Trade Organization, it has no formal trade agreement with the United States, yet Taiwan has emerged as the United States eighth largest trading partner, the United States is Taiwans largest trading partner and American businesses have benefited greatly from this dynamic trade relationship; and
Whereas, Taiwan has emerged over the past two decades as one of the United States most important allies in Asia and throughout the world; and
Whereas, Taiwan has forged an open, market-based economy and a thriving democracy based on free elections and the freedom of dissent, and it is in the interest of the United States to encourage the development of both these institutions; and
Whereas, The United States has an obligation to its allies and to its own citizens to encourage economic growth, market opening and the destruction of trade barriers as a means of raising living standards across the board; and
Whereas, A free trade agreement with Taiwan would be a positive step toward accomplishing all of these goals; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge President George W. Bush and Congress to support a free trade agreement between the United States and Taiwan; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as presiding officer of the United States Senate, the Speaker of the United States House of Representatives, the United States Secretary of State, the Director General of the Taipei Economic and Cultural Office in San Francisco, the Executive Director of the Las Vegas Taiwanese Chamber of Commerce and the members of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3594κ
Senate Joint Resolution No. 17Committee on Legislative Operations and Elections
FILE NUMBER 100
Senate Joint RESOLUTION — Urging Congress to enact the Resident Physician Shortage Reduction Act of 2007.
Whereas, The Resident Physician Shortage Reduction Act of 2007 was recently introduced in Congress as a tool to help states whose physician to population ratios are below that of the national median; and
Whereas, The intent of this legislation is to increase the number of residency positions for which Medicare payments will be made to teaching hospitals in states with a shortage of resident physicians; and
Whereas, Increasing the number of resident physicians in states is an important step towards ensuring an adequate supply of physicians in the health care system; and
Whereas, As a result of this legislation, teaching hospitals in approximately 24 states would be eligible for an increase in their resident cap, including Nevada which currently has 199 physicians in training and is estimated to be eligible for an additional 93 positions; and
Whereas, As one of the fastest growing states in the nation, and with a ranking of 43rd in the nation in physicians per 100,000 residents, it is critical to the residents of Nevada that the shortage of physicians be remedied; and
Whereas, It is the belief of the Nevada Legislature that the Resident Physician Shortage Reduction Act is an important first step that will help meet Nevadas and the nations need for future physician services; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby express their support for passage of the Resident Physician Shortage Reduction Act of 2007; and be it further
Resolved, That the Nevada Legislature will continue to do all things possible to make Nevada a desirable location for the physicians who choose to practice here; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Secretary of Health and Human Services and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3595κ
Assembly Joint Resolution No. 3Assemblymen Hardy, Buckley, Ohrenschall, Horne, Gansert, Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Goedhart, Goicoechea, Grady, Hogan, Kihuen, Kirkpatrick, Koivisto, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Parks, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack
Joint Sponsors: Senators Care, Heck, Cegavske, Hardy, Raggio, Beers, Coffin, Horsford, Lee, Mathews, McGinness, Nolan, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 101
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise provisions relating to the taking of private property by eminent domain.
Legislative Counsels Digest:
Section 8 of Article 1 of the Nevada Constitution and the Fifth Amendment to the United States Constitution provide that private property cannot be taken for a public use without just compensation. In Kelo v. City of New London, 125 S.Ct. 2655 (2005), the United States Supreme Court ruled that the use of eminent domain to acquire property and transfer it to another private party for the purpose of economic development does not violate the Takings Clause of the Fifth Amendment to the United States Constitution.
This resolution proposes an amendment to the Nevada Constitution to prohibit, except in certain circumstances, the taking of private property if the purpose of the taking is to transfer an interest in that property to another private party.
In addition, the amendment proposed by this resolution requires an entity which is taking property by the exercise of eminent domain to provide the owner of the property with all appraisals of the property obtained by the entity before the entity is allowed to occupy the property. Furthermore, in all eminent domain actions, the owner of the property that is being taken is entitled to a determination of whether the taking is for a public use and the entity that is taking the property has the burden of proving that the taking is for a public use.
The amendment proposed by this resolution provides for the manner of computing the just compensation owed to a person whose property is taken by the exercise of eminent domain. Also, the amendment provides that neither a property owner nor an entity which is taking property by the exercise of eminent domain is liable for the attorneys fees of the other party, except in a certain circumstance. Under the amendment, the owner of property taken by the exercise of eminent domain, or his successor in interest, has the right to reacquire the property for the price paid by the entity which took the property under certain circumstances.
This resolution also proposes to repeal the Peoples Initiative to Stop the Taking of Our Land if that initiative is approved by the voters at the 2008 General Election.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 8 of Article 1 of the Nevada Constitution be amended to read as follows:
Sec. 8. 1. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or Attorney General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions.
κ2007 Statutes of Nevada, Page 3596 (FILE NUMBER 101, AJR 3)κ
Legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or Attorney General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself.
2. The Legislature shall provide by law for the rights of victims of crime, personally or through a representative, to be:
(a) Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding;
(b) Present at all public hearings involving the critical stages of a criminal proceeding; and
(c) Heard at all proceedings for the sentencing or release of a convicted person after trial.
3. Except as otherwise provided in subsection 4, no person may maintain an action against the State or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of any statute enacted by the Legislature pursuant to subsection 2. No such violation authorizes setting aside a conviction or sentence or continuing or postponing a criminal proceeding.
4. A person may maintain an action to compel a public officer or employee to carry out any duty required by the Legislature pursuant to subsection 2.
5. No person shall be deprived of life, liberty, or property, without due process of law.
6. Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.
7. Except as otherwise provided in paragraphs (a) to (e), inclusive, the public uses for which private property may be taken do not include the direct or indirect transfer of any interest in the property to another private person or entity. A transfer of property taken by the exercise of eminent domain to another private person or entity is a public use in the following circumstances:
(a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.
(b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:
(1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or a facility that is owned by a governmental entity; and
κ2007 Statutes of Nevada, Page 3597 (FILE NUMBER 101, AJR 3)κ
(2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.
(c) The entity:
(1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and
(2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.
(d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.
(e) The person from whom the property is taken consents to the taking.
8. In all actions in eminent domain:
(a) Before the entity that is taking property obtains possession of the property, the entity shall give to the owner of the property a copy of all appraisals of the property obtained by the entity.
(b) At the occupancy hearing, the owner of the property that is the subject of the action is entitled, at the property owners election, to a separate and distinct determination as to whether the property is being taken for a public use.
(c) The entity that is taking property has the burden of proving that the taking is for a public use.
(d) Except as otherwise provided in this paragraph, neither the entity that is taking property nor the owner of the property is liable for the attorneys fees of the other party. This paragraph does not apply in an inverse condemnation action if the owner of the property that is the subject of the action makes a request for attorneys fees from the other party to the action.
9. Except as otherwise provided in this subsection, if a court determines that a taking of property is for public use, the taken or damaged property must be valued at its highest and best use without considering any future dedication requirements imposed by the entity that is taking the property. If property is taken primarily for a profit-making purpose, the property must be valued at the use to which the entity that is taking the property intends to put the property, if such use results in a higher value for the property.
10. In all actions in eminent domain, fair market value is the highest price, on the date of valuation, that would be agreed to by a seller, who is willing to sell on the open market and has reasonable time to find a purchaser, and a buyer, who is ready, willing and able to buy, if both the seller and the buyer had full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
11. In all actions in eminent domain, just compensation is that sum of money necessary to place the property owner in the same position monetarily as if the property had never been taken, excluding any governmental offsets except special benefits. Special benefits may only offset severance damages and may not offset the value for the property.
κ2007 Statutes of Nevada, Page 3598 (FILE NUMBER 101, AJR 3)κ
benefits may only offset severance damages and may not offset the value for the property. Just compensation for the property taken by the exercise of eminent domain must include, without limitation, interest and reasonable costs and expenses, except attorneys fees, incurred by the owner of the property that is the subject of the action. The district court shall determine, in a posttrial hearing, the award of interest and award as interest the amount of money which will put the person from whom the property is taken in as good a position monetarily as if the property had not been taken. The district court shall enter an order concerning:
(a) The date on which the computation of interest will commence;
(b) The rate of interest to be used to compute the award of interest, which must not be less than the prime rate of interest plus 2 percent; and
(c) Whether the interest will be compounded annually.
12. Property taken by the exercise of eminent domain must be offered to and reverts to the person from whom the property was taken upon repayment of the original purchase price if, within 15 years after obtaining possession of the property, the entity that took the property:
(a) Fails to use the property for the public use for which the property was taken or for any public use reasonably related to the public use for which the property was taken; or
(b) Seeks to convey any right, title or interest in all or part of the property to any other person and the conveyance is not occurring pursuant to subsection 7.
Κ The entity that has taken the property does not fail to use the property under paragraph (a) if the entity has begun active planning for or design of the public use, the assembling of land in furtherance of planning for or design of the public use or construction related to the public use.
13. If any provision of subsections 7 to 12, inclusive, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or application of subsections 7 to 12, inclusive, which can be given effect without the invalid provision or application, and to this end the provisions of subsections 7 to 12, inclusive, are declared to be severable.
14. The provisions of subsections 7 to 12, inclusive, apply to an action in eminent domain that is filed on or after January 1, 2011.
And be it further
Resolved, That Section 22 of Article 1 of the Nevada Constitution, commonly known as the Peoples Initiative to Stop the Taking of Our Land, if that section is approved and ratified by the voters at the 2008 General Election, is hereby repealed.
________
κ2007 Statutes of Nevada, Page 3599κ
Senate Joint Resolution No. 18Committee on Government Affairs
FILE NUMBER 102
Senate Joint RESOLUTION — Urging Congress to support a proposed off-highway vehicle park in Clark County.
Whereas, The Nellis Dunes area comprises approximately 10,181 acres located in unincorporated Clark County, Nevada, on federal public lands managed by the Bureau of Land Management, 8,921 acres of which are usable recreation space, offering a variety of terrain and trails for off-highway vehicle enthusiasts; and
Whereas, Most areas of Clark County have been closed to motorized recreation; and
Whereas, The Nellis Dunes is recognized in the Southern Nevada Regional Planning Coalitions open space plan to protect the natural backdrops and maintain a perimeter trail corridor around the Las Vegas Valley; and
Whereas, The Bureau of Land Managements Las Vegas Resource Management Plan designates the Nellis Dunes as an open area, allowing unrestricted motorized recreation; and
Whereas, An opportunity exists for Clark County to develop and manage a motorized recreation system, consistent with the mission of Nellis Air Force Base, with the potential to prevent safety concerns, improve air quality, protect rare plants and sensitive soils, prevent refuse dumping and capitalize on potential economic development possibilities; and
Whereas, A feasibility study, funded by the Board of County Commissioners for Clark County, evaluated supply and demand considerations, capital and operations and maintenance costs and options for funding, and likely operation models for a motorized recreation park; and
Whereas, Development of a motorized recreation park managed by Clark County will benefit southern Nevadans through the promotion of safe off-road activities and implementation of environmental protections to air, sensitive soils and native plants; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge Congress to promulgate legislation for the conveyance of the Nellis Dunes area to Clark County for the purpose of off-road recreation and environmental protection; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, the Board of County Commissioners of Clark County and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2007 Statutes of Nevada, Page 3600κ
Senate Concurrent Resolution No. 17Senator Lee
FILE NUMBER 103
Senate Concurrent RESOLUTION — Urging the Governor to dedicate the new Department of Motor Vehicles building in North Las Vegas in honor of former Speaker of the Assembly Paul W. May, Jr.
Whereas, Paul W. May, Jr., was born on January 2, 1928, in the scenic mountain community of Hot Springs, Virginia, and moved to North Las Vegas in 1943; and
Whereas, After graduation from Las Vegas High School, Paul May spent 3 years in the United States Army where he studied cryptography; and
Whereas, Paul May was first elected to the Nevada Assembly in 1966 and represented District 19 until 1984, addressing crime, tax relief and traffic as some of the major issues in Clark County; and
Whereas, Recognized as an expert in matters of Nevada taxation, Paul W. May, Jr., chaired the Assembly Standing Committee on Taxation for 6 of the 10 regular sessions he served; and
Whereas, As Speaker of the Assembly in 1979, Paul W. May, Jr., was responsible for a memorable moment at the end of the 1979 Legislative Session when he put a towel over the clock so that Assembly members would not get paid for an extra day of per diem as the session moved past midnight, resulting in legislative histories describing that as the year the Assembly lasted 134 days and the Senate lasted 135 days, even though they both ended at the same time; and
Whereas, After his resignation from the Assembly in 1984, Paul W. May, Jr., served the residents of southern Nevada through his appointment to the Clark County Commission, and, again, in 1985, when he was appointed to the North Las Vegas City Council; and
Whereas, Following a one-term hiatus, Paul W. May, Jr., returned to the Assembly in 1987, forever earning a special place in the political history of the State because of his sponsorship of legislation designed to obtain additional federal money for Nevada, for which he is affectionately known as the Father of Bullfrog County; and
Whereas, The members of the 71st Session of the Nevada Legislature memorialized Paul May in a Concurrent Resolution after his passing on November 14, 2000; and
Whereas, Paul May was honored in 1980, 1991 and 2001 by the Nevada Legislature for his low-key leadership in lifelong dedication to public service, for his willingness to do the unusual to get the work done, for his dry wit and jovial nature and for his love of Nevada, past and present; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 74th Session of the Nevada Legislature do hereby urge the Governor to direct that the new Department of Motor Vehicles building in North Las Vegas be dedicated in honor of Paul W. May, Jr.; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Office of the Governor.
________
κ2007 Statutes of Nevada, Page 3601κ
Senate Joint Resolution No. 2Senators Raggio, Hardy, Care, Coffin, Carlton, Amodei, Mathews, Nolan, Titus and Townsend
FILE NUMBER 104
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide for the initial appointment by the Governor of justices and judges and any subsequent retention of those justices and judges by election.
Legislative Counsels Digest:
This resolution amends the Nevada Constitution, which currently provides for the popular election of justices of the Supreme Court and judges of the district court, to provide for: (1) the initial appointment by the Governor of justices and judges, from candidates recommended by the Commission on Judicial Selection; and (2) any subsequent retention of those justices and judges by approval of a ballot question concerning their retention. (Nev. Const. Art. 6, §§ 3, 5) Under this resolution, if a vacancy occurs in the Supreme Court or a district court for any reason, the Governor appoints a justice or judge from candidates selected by the Commission on Judicial Selection, and the initial term of that justice or judge expires on the first Monday of January following the general election occurring at least 12 months after the justice or judge is appointed. Thereafter, if the justice or judge wishes to serve another term, he must declare his candidacy for a retention election. If 55 percent or more of the votes cast are in favor of the retention of the justice or judge, he will then serve a 6-year term and must run in a retention election if he wishes to serve another 6-year term. If the justice or judge does not declare his candidacy for the retention election or if less than 55 percent of the votes cast are in favor of his retention, a vacancy is created at the end of his term which must be filled by appointment.
In addition, this resolution amends the Nevada Constitution to require each justice or judge who has declared his candidacy for a retention election to undergo a review of his performance as a justice or judge. This resolution creates the Commission on Judicial Performance and requires the Commission to perform these reviews. The review of each justice or judge must consist of a review of the record of the justice or judge and at least one interview of the justice or judge. At the conclusion of this review, the Commission must prepare and release to the public a report containing information about the review and a recommendation on the question of whether the justice or judge should be retained.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 22, be added to Article 6 of the Nevada Constitution to read as follows:
Sec. 22. 1. Commencing with a term of office that expires on or after December 31, 2011, each justice of the Supreme Court, judge of the court of appeals, if established by the Legislature, or judge of the district court who desires to succeed himself must, on or before July 1 next preceding the expiration of his term of office, declare his candidacy in the manner provided by law. With respect to each justice or judge who so declares, the question must be presented at the next general election, in a form provided by law, whether that justice or judge shall succeed himself.
2. If 55 percent or more of the votes cast on the question are cast in favor of the justice or judge succeeding himself, the justice or judge shall succeed himself. The term of office of each justice or judge who succeeds himself is 6 years, and that term begins on the first Monday of January next following the general election at which the justice or judge was chosen to succeed himself.
κ2007 Statutes of Nevada, Page 3602 (FILE NUMBER 104, SJR 2)κ
first Monday of January next following the general election at which the justice or judge was chosen to succeed himself.
3. If a justice or judge does not declare his candidacy, or if less than 55 percent of the votes cast on the question are cast in favor of the justice or judge succeeding himself, a vacancy is created at the expiration of his term which must be filled by appointment pursuant to Section 20 of this Article.
4. Each justice or judge who declares his candidacy to succeed himself must be reviewed by a commission on judicial performance. The review must consist of an examination of the record of the justice or judge and at least one interview of the justice or judge at which the commission discusses with the justice or judge any areas of performance in which the justice or judge needs to improve. At the conclusion of the review, the members of the commission must vote on the question of whether the commission recommends that the justice or judge succeed himself. Not later than 6 weeks before the general election at which the question of whether the justice or judge shall succeed himself is presented, the commission shall prepare and release to the public a report which provides a summary of the findings of the commission, the recommendation of the commission on the question of whether the justice or judge should succeed himself, the rationale for the recommendation and the result of the vote by which the commission made the recommendation. The vote of an individual member of the commission must not be disclosed to the public.
5. Each justice of the Supreme Court and judge of the court of appeals, if established by the Legislature, must be reviewed by the permanent Commission on Judicial Performance, composed of:
(a) The Chief Justice or an associate justice designated by him, but if the Commission is reviewing a justice of the Supreme Court, the Chief Justice or associate justice designated to be a member of the Commission is disqualified and the other members of the Commission shall select a judge of the district court to take the place of the disqualified member of the Commission for the sole purpose of reviewing justices of the Supreme Court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Two persons, not members of the legal profession, appointed by the Governor.
6. Each judge of the district court must be reviewed by a temporary commission on judicial performance, composed of:
(a) The permanent Commission on Judicial Performance;
(b) Two members of the State Bar of Nevada resident in the judicial district of the judge being reviewed, appointed by the Board of Governors of the State Bar of Nevada; and
(c) Two residents of the judicial district of the judge being reviewed, not members of the legal profession, appointed by the Governor.
7. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
κ2007 Statutes of Nevada, Page 3603 (FILE NUMBER 104, SJR 2)κ
by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
8. The term of office of each appointive member of the permanent Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission must be appointed when a review is required, and their terms expire when the review has been completed.
9. An appointing authority shall not appoint to the permanent Commission more than:
(a) One resident of any county.
(b) One member of the same political party.
Κ No member of the permanent Commission may be a member of a commission on judicial selection or the Commission on Judicial Discipline.
And be it further
Resolved, That Section 3 of Article 6 of the Nevada Constitution be amended to read as follows:
[Sec: 3. The justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of six years from and including the first Monday of January next succeeding their election; provided, that there shall be elected, at the first election under this Constitution, three justices of the Supreme Court who shall hold office from and including the first Monday of December A.D., eighteen hundred and sixty four, and continue in office thereafter, two, four and six years respectively, from and including the first Monday of January next suceeding [succeeding] their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of office each shall fill, and the justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the senior justice in commission shall be Chief Justice; and in case the commission of any two or more of said justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.]
Sec. 3. The justice of the Supreme Court who is senior in commission shall be Chief Justice. If the commissions of any two or more justices bear the same date, they shall determine by lot who is Chief Justice.
And be it further
Resolved, That Section 5 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 5. The State is hereby divided into nine judicial districts of which the County of Storey shall constitute the First; The County of Ormsby the Second; the County of Lyon the Third; The County of Washoe the Fourth; The Counties of Nye and Churchill the Fifth; The County of Humboldt the Sixth; The County of Lander the Seventh; The County of Douglas the Eighth; and the County of Esmeralda the Ninth.
κ2007 Statutes of Nevada, Page 3604 (FILE NUMBER 104, SJR 2)κ
The County of Douglas the Eighth; and the County of Esmeralda the Ninth. The County of Roop shall be attached to the County of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the districts herein prescribed, and also for increasing or diminishing the number of the judicial districts and judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the [office. At the first general election under this Constitution there shall be elected in each of the respective districts (except as in this Section hereafter otherwise provided) one district judge, who shall hold office from and including the first Monday of December A.D., eighteen hundred and sixty four and until the first Monday of January in the year eighteen hundred and sixty seven. After the said first election, there shall be elected at the general election which immediately precedes the expiration of the term of his predecessor, one district judge in each of the respective judicial districts (except in the First District as in this Section hereinafter provided.) The district judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; provided, that the First Judicial District shall be entitled to, and shall have three district judges, who shall possess] office of district judge. In a judicial district with more than one district judge, each judge possesses co-extensive and concurrent jurisdiction, and [who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the judges in other judicial districts, any one of said] any of those judges may preside on the [empanneling [empaneling]] empaneling of grand juries and the presentment and trial on indictments [, under such rules and regulations as may be] in the manner prescribed by law.
And be it further
Resolved, That Section 15 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec . [:] 15. The justices of the Supreme Court and district judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be increased or diminished during the term for which they shall have been elected [,] or appointed, unless a vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each years revenue a sufficient amount of money, to pay such compensation.
And be it further
Resolved, That Section 20 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 20. 1. When a vacancy occurs [before the expiration of any term of office] for any reason in the Supreme Court or the court of appeals, if established by the Legislature, or among the district judges, [the Governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by] the Commission on Judicial Selection [.]
κ2007 Statutes of Nevada, Page 3605 (FILE NUMBER 104, SJR 2)κ
Commission on Judicial Selection [.] shall select three nominees for the vacancy within 60 days after the vacancy occurs. The Commission shall provide the names of the three nominees to the Governor and the public. The Governor may:
(a) Appoint a justice or judge from among the three nominees selected for the vacancy by the Commission on Judicial Selection; or
(b) Reject all three nominees.
2. After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of nominees for any vacancy, if the Governor has not appointed a justice or judge or rejected all the nominees, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
3. If the Governor rejects all three nominees selected for the vacancy by the Commission on Judicial Selection, the Commission shall select three additional nominees for the vacancy within 60 days after the date of the rejection. The Commission shall provide the names of the three additional nominees to the Governor and the public. The Governor must appoint a justice or judge from among the three additional nominees selected for the vacancy by the Commission on Judicial Selection.
4. After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of additional nominees for any vacancy, if the Governor has not made the appointment required by subsection 3, he shall make no other appointment to any public office until he has appointed a justice or judge from the list of additional nominees submitted by the Commission on Judicial Selection.
5. The initial term of office of any justice or judge [so] appointed pursuant to this Section expires on the first Monday of January following the [next general election.
3.] first general election that is held at least 12 calendar months after the date on which the appointment was made.
6. Each nomination for the Supreme Court shall be made by the permanent Commission, composed of:
(a) The Chief Justice or an associate justice designated by him;
(b) [Three] Four members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) [Three] Four persons, not members of the legal profession, appointed by the Governor.
[4.] 7. Each nomination for the district court shall be made by a temporary commission composed of:
(a) The permanent Commission;
(b) [A member] Two members of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the Board of Governors of the State Bar of Nevada; and
(c) [A resident of such] Two residents of that judicial district, not [a member] members of the legal profession, appointed by the Governor.
κ2007 Statutes of Nevada, Page 3606 (FILE NUMBER 104, SJR 2)κ
[5.] 8. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
[6.] 9. The term of office of each appointive member of the permanent Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the Governor.
[7.] 10. An appointing authority shall not appoint to the permanent Commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
Κ No member of the permanent Commission may be a member of a commission on judicial performance or the Commission on Judicial Discipline.
[8. After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of nominees for any vacancy, if the Governor has not made the appointment required by this Section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
Κ If a commission on judicial selection is established by another section of this Constitution to nominate persons to fill vacancies on the Supreme Court, such commission shall serve as the permanent Commission established by subsection 3 of this Section.]
And be it further
Resolved, That Section 21 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 21. 1. A justice of the Supreme Court, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of Article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the Commission on Judicial Discipline. Pursuant to rules governing appeals adopted by the Supreme Court, a justice or judge may appeal from the action of the Commission to the Supreme Court, which may reverse such action or take any alternative action provided in this subsection.
2. The Commission is composed of:
(a) Two justices or judges appointed by the Supreme Court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Three persons, not members of the legal profession, appointed by the Governor.
Κ The Commission shall elect a Chairman from among its three lay members.
κ2007 Statutes of Nevada, Page 3607 (FILE NUMBER 104, SJR 2)κ
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The Governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial performance or a commission on judicial selection.
5. The Legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the Commission may impose;
(b) The grounds for censure and other disciplinary action that the Commission may impose, including, but not limited to, violations of the provisions of the Code of Judicial Conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the Commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The Supreme Court shall adopt a Code of Judicial Conduct.
7. The Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. No justice or judge may by virtue of this Section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the Commission by any person or on the motion of the Commission. The Commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter shall be served upon the justice or judge against whom the proceeding is brought. The Commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the Commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this Section is entitled thereafter to receive such compensation as the Legislature may provide.
κ2007 Statutes of Nevada, Page 3608 (FILE NUMBER 104, SJR 2)κ
10. If a proceeding is brought against a justice of the Supreme Court, no justice of the Supreme Court may sit on the Commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the Commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the Commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the Commission for that proceeding. If an appeal is taken from an action of the Commission to the Supreme Court, any justice who sat on the Commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the Commission is disqualified by this subsection, the Supreme Court shall appoint a substitute from among the eligible judges.
11. The Commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the Commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the Legislature may from time to time confer upon it.
________
κ2007 Statutes of Nevada, Page 3609κ
Senate Joint Resolution No. 3Senators Rhoads, Amodei and McGinness
FILE NUMBER 105
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide that a person must be a resident of the State for 30 days before an election to be eligible to vote in that election, to require that an initiative petition be proposed by a number of registered voters equal to a certain percentage of registered voters who voted in the last preceding election and to remove requirements concerning affidavits that must be affixed to referendum petitions and initiative petitions.
Legislative Counsels Digest:
Existing law provides that a citizen of the United States who is at least 18 years of age and who has actually, as opposed to constructively, resided in the State for at least 6 months and in the district or county for at least 30 days before an election is eligible to vote. (Nev. Const. Art. 2, § 1)
The United States Supreme Court, in several decisions, has ruled that residency requirements which exceed the amount of time required to complete election administrative procedures do not further any compelling state interest and violate the equal protection clause of the Fourteenth Amendment of the U.S. Constitution. (Dunn v. Blumstein, 92 S. Ct. 995 (1972); Marston v. Lewis, 93 S. Ct. 1211 (1973); Burns v. Fortson, 93 S. Ct. 1209 (1973))
This resolution proposes to amend the Nevada Constitution to eliminate the 6-month state residency requirement. A person will be eligible to vote after residing for 30 days in a district or county in this State.
Existing law requires that an initiative petition be signed by at least 10 percent of the voters who voted at the last preceding general election in at least 75 percent of the counties in the State. (Nev. Const. Art. 19, § 2)
The United States District Court for the District of Nevada declared that the above portion of Section 2 of Article 19 of the Nevada Constitution violates the Equal Protection Clause of the United States Constitution because it applies the same formula to counties of varying population. Such application results in the signatures of voters from small, rural counties carrying more weight than the signatures of voters from larger counties. (Committee to Regulate and Control Marijuana v. Heller, No. CV-S-04-01035 (D. Nev. Aug. 20, 2004)) The United States Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court. (American Civil Liberties Union of Nevada v. Lomax, 471 F.3d 1010 (9th Cir. Nev. 2006))
This resolution proposes to amend the Nevada Constitution to remove those provisions which were found unconstitutional and replace them with a requirement that an initiative petition must be signed by a number of registered voters that equals at least 10 percent of the total number of voters who voted at the last preceding general election.
Existing law currently provides that there must be attached to each document in a referendum petition or initiative petition an affidavit stating that all the signatures on the document are genuine signatures of persons who are registered voters in the counties in which they reside, and that the affidavit must be executed before a person authorized by law to administer oaths in Nevada, such as a notary public. (Nev. Const. Art. 19, § 3) The Nevada Supreme Court has ruled that the affidavit requirements set forth in Section 3 of Article 19 of the Nevada Constitution are an impermissible burden on political speech and, therefore, unconstitutional under the First Amendment to the United States Constitution. (Secretary of State v. Give Nevada a Raise, Inc., 120 Nev. 481 (2004))
This resolution proposes to amend the Nevada Constitution to remove the affidavit requirements set forth in Section 3 of Article 19.
κ2007 Statutes of Nevada, Page 3610 (FILE NUMBER 105, SJR 3)κ
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 1 of Article 2 of the Nevada Constitution be amended to read as follows:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state [six months,] and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.
And be it further
Resolved, That Section 2 of Article 19 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of Section 1 of Article 4 of this Constitution, but subject to the limitations of Section 6 of this Article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this Constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by Section 3 of this Article and shall be proposed by a total number of registered voters equal to at least 10 percent [or more] of the number of voters who voted at the last preceding general election [in not less than 75 percent of the counties] in the State . [, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire State at the last preceding general election.]
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than January 1 of the year preceding the year in which a regular session of the Legislature is held. After its circulation, it shall be filed with the Secretary of State not less than 30 days prior to any regular session of the Legislature. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the Legislature without change or amendment within 40 days.
κ2007 Statutes of Nevada, Page 3611 (FILE NUMBER 105, SJR 3)κ
days. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. If the statute or amendment to a statute is rejected by the Legislature, or if no action is taken thereon within 40 days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the Supreme Court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the Legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the Legislature rejects such proposed statute or amendment, the Governor may recommend to the Legislature and the Legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the Governor, the question of approval or disapproval of each measure shall be submitted by the Secretary of State to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the Legislature to which an initiative petition proposing an amendment to a statute is presented which the Legislature rejects or upon which it takes no action, the Legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the Secretary of State in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the Legislature.
4. If the initiative petition proposes an amendment to the Constitution, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the Secretary of State not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the State, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted.
κ2007 Statutes of Nevada, Page 3612 (FILE NUMBER 105, SJR 3)κ
voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.
5. If two or more measures which affect the same section of a statute or of the Constitution are finally approved pursuant to this Section, or an amendment to the Constitution is finally so approved and an amendment proposed by the Legislature is ratified which affect the same section, by the voters at the same election:
(a) If all can be given effect without contradiction in substance, each shall be given effect.
(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
6. If, at the same election as the first approval of a constitutional amendment pursuant to this Section, another amendment is finally approved pursuant to this Section, or an amendment proposed by the Legislature is ratified, which affects the same section of the Constitution but is compatible with the amendment given first approval, the Secretary of State shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the Secretary of State shall not submit the amendment given first approval to the voters again.
And be it further
Resolved, That Section 3 of Article 19 of the Nevada Constitution be amended to read as follows:
Sec. 3. 1. Each referendum petition and initiative petition shall include the full text of the measure proposed. Each signer shall affix thereto his or her signature, residence address and the name of the county in which he or she is a registered voter. The petition may consist of more than one document . [, but each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Nevada. The enacting clause of all statutes or amendments proposed by initiative petition shall be: The People of the State of Nevada do enact as follows:]
2. The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by this Article.
κ2007 Statutes of Nevada, Page 3613 (FILE NUMBER 105, SJR 3)κ
conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by this Article.
And be it further
Resolved, That the provisions of Assembly Joint Resolution No. 10 of the 73rd Session of the Nevada Legislature are hereby repealed.
And be it further
Resolved, That the provisions of Senate Joint Resolution No. 1 of the 74th Session of the Nevada Legislature are hereby repealed.
________
Assembly Resolution No. 16Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 106
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Standing Rules of the Legislature, the following Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Ms. Barbara E. Buckley, Mr. John Oceguera, Mr. Bernie Anderson, Mr. Pete Goicoechea, Mr. John C. Carpenter and Dr. Garn Mabey are designated as the regular Assembly members; Mr. Marcus Conklin and Mr. William C. Horne are designated as the first and second alternate members, respectively, for Ms. Barbara E. Buckley; Ms. Peggy Pierce and Mr. Kelvin Atkinson are designated as the first and second alternate members, respectively, for Mr. John Oceguera; Ms. Sheila Leslie and Ms. Bonnie Parnell are designated as the first and second alternate members, respectively, for Mr. Bernie Anderson; Mr. James A. Settelmeyer and Mr. Tyrus O. Cobb are designated as the first and second alternate members, respectively, for Mr. Pete Goicoechea; Mr. Edwin Alex Goedhart and Mr. Chad Christensen are designated as the first and second alternate members, respectively, for Mr. John C. Carpenter; Ms. Francis O. Allen and Mr. Lynn D. Stewart are designated as the first and second alternate members, respectively, for Dr. Garn Mabey.
________
κ2007 Statutes of Nevada, Page 3614κ
Senate Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 107
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Standing Rules of the Legislature, Senators Randolph J. Townsend, Mike McGinness, Warren B. Hardy II, Dina Titus, Valerie Wiener and Terry Care are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators Maurice E. Washington and William J. Raggio are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Mark E. Amodei and Dean A. Rhoads are designated as the first and second alternate members, respectively, for Senator Mike McGinness; Senators Dennis Nolan and Barbara K. Cegavske are designated as the first and second alternate members, respectively, for Senator Warren B. Hardy II; Senators Steven A. Horsford and Joyce L. Woodhouse are designated as the first and second alternate members, respectively, for Senator Dina Titus; Senators Michael A. Schneider and John Jay Lee are designated as the first and second alternate members, respectively, for Senator Valerie Wiener; Senators Maggie A. Carlton and Steven A. Horsford are designated as the first and second alternate members, respectively, for Senator Terry Care; and be it further
Resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting must be as follows:
1. The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.
κ2007 Statutes of Nevada, Page 3615 (FILE NUMBER 107, SR 9)κ
appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.
________
Assembly Concurrent Resolution No. 34Committee on Judiciary
FILE NUMBER 108
ASSEMBLY Concurrent RESOLUTION — Requesting the return to the Assembly from the Governors office of Assembly Bill No. 483 of this session.
Whereas, Assembly Bill No. 483 of this session has passed both houses of the 74th Session of the Legislature, has been enrolled and delivered to the Governor; and
Whereas, Assembly Bill No. 483 needs further legislative attention; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Assembly Bill No. 483 of this session to the Assembly for further consideration; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Jim Gibbons as soon as practicable.
________
Assembly Concurrent Resolution No. 35Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 109
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to conduct interim studies concerning chancery courts and issues relating to senior citizens and veterans.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee to study the benefits, costs and feasibility of the implementation of courts of chancery in Nevada and a subcommittee to study issues relating to senior citizens and veterans; and be it further
Resolved, That each subcommittee must be composed of three members of the Assembly and three members of the Senate, one of whom must be appointed as Chairman of the subcommittee; and be it further
Resolved, That the study of courts of chancery must include, without limitation, a compilation and analysis of the economic and legal impact courts of chancery have had in states in which they have been implemented and an assessment of expected revenues, estimated costs of operation and any ancillary economic impact to Nevada that might result from the implementation of courts of chancery; and be it further
κ2007 Statutes of Nevada, Page 3616 (FILE NUMBER 109, ACR 35)κ
and an assessment of expected revenues, estimated costs of operation and any ancillary economic impact to Nevada that might result from the implementation of courts of chancery; and be it further
Resolved, That the interim committee studying issues relating to senior citizens and veterans shall evaluate, review and comment upon issues relating to senior citizens and veterans, including, without limitation:
1. Health and human services;
2. Elder abuse and exploitation;
3. Financial and physical wellness initiatives;
4. Housing and transportation; and
5. Public outreach and advocacy; and be it further
Resolved, That any recommended legislation proposed by either of the interim committees must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to the interim committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the studies and any recommendations for legislation to the 75th Session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 36Committee on Commerce and Labor
FILE NUMBER 110
Assembly Concurrent RESOLUTION — Encouraging the creation of the Southern Nevada Automobile Theft Advisory Commission.
Whereas, Clark County has the highest rate of automobile thefts in the nation; and
Whereas, Such automobile thefts often lead to other crimes involving the infliction of bodily harm; and
Whereas, The State of Arizona created an Automobile Theft Authority which has been credited with significantly lowering the incidence of automobile thefts in that state; and
Whereas, The creation of a similar automobile theft authority in this State may be beneficial in reducing the incidence of automobile theft in this State and assist in coordinating various entities affected by and involved in preventing such crimes; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby encourages the Director of the Department of Motor Vehicles, the Commissioner of Insurance, the Director of the Department of Public Safety, the Sheriff of Clark County, the Chief of Police of the City of Henderson, the Undersheriff of the Las Vegas Metropolitan Police Department and the Clark County District Attorney to establish jointly the Southern Nevada Automobile Theft Advisory Commission; and be it further
Resolved, That those persons are encouraged to provide that the members of the Southern Nevada Automobile Theft Advisory Commission serve without compensation; and be it further
κ2007 Statutes of Nevada, Page 3617 (FILE NUMBER 110, ACR 36)κ
Resolved, That those persons are encouraged to meet at least quarterly during the biennium ending on June 30, 2009, and to include in those meetings any other interested persons or entities; and be it further
Resolved, That those persons are encouraged to report any recommendations for addressing automobile theft, including, without limitation, whether it is advisable to create a Nevada Automobile Theft Authority by statute to the 75th Session of the Nevada Legislature; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Department of Motor Vehicles, the Commissioner of Insurance, the Director of the Department of Public Safety, the Sheriff of Clark County, the Chief of Police of the City of Henderson, the Undersheriff of the Las Vegas Metropolitan Police Department and the Clark County District Attorney.
________
Senate Concurrent Resolution No. 48Senator Hardy
FILE NUMBER 111
Senate Concurrent RESOLUTION — Encouraging automobile manufacturers to make certain information and tools available to independent garages for the repair of motor vehicles.
Whereas, The ability to diagnose, service and repair a motor vehicle in a timely, reliable and affordable manner is essential to the safety and welfare of the consumers in this State; and
Whereas, Consumers are entitled to choose among garages for the convenient, reliable and affordable repair of their motor vehicles, and increased competition among garages will benefit owners of motor vehicles in this State; and
Whereas, Computers are increasingly being used in motor vehicle systems, including pollution control, transmission, antilock brakes, electrical and mechanical systems, heating and air-conditioning, audio and steering, and the diagnosis, service and repair of those systems are essential to the safe and proper operation of a motor vehicle; and
Whereas, Access codes are often necessary for owners of motor vehicles to make or cause to be made the diagnosis, service and repair of their motor vehicles in a timely, reliable and affordable manner; and
Whereas, The owners of motor vehicles in this State are entitled to obtain information required for the diagnosis, service and repair of their motor vehicles, to choose between original parts and aftermarket parts, and to make or cause to be made the repairs required to maintain their motor vehicles in a serviceable condition; and
Whereas, Inaccessibility of certain information and diagnostic tools required to repair motor vehicles limits consumer choice and inhibits competition among garages; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature encourages automobile manufacturers to make available to independent garages, in a manner consistent with regulations adopted by the California Air Resources Board, 13 C.C.R. § 1969, certain information, including, emission- and nonemission-related service information and training information, and diagnostic tools that are provided to franchised dealerships or authorized service networks; and be it further
κ2007 Statutes of Nevada, Page 3618 (FILE NUMBER 111, SCR 48)κ
consistent with regulations adopted by the California Air Resources Board, 13 C.C.R. § 1969, certain information, including, emission- and nonemission-related service information and training information, and diagnostic tools that are provided to franchised dealerships or authorized service networks; and be it further
Resolved, That making such service and training information and diagnostic tools available to independent garages in the same manner and to the same extent as to franchised dealerships and authorized service networks will allow such garages to provide the same diagnostic and repair services to consumers, thereby benefiting the residents of this State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Automotive Wholesalers Association, the Nevada Franchised Auto Dealers Association, the Alliance of Automobile Manufacturers and the Association of International Automobile Manufacturers.
________
Senate Concurrent Resolution No. 49Committee on Legislative Operations and Elections
FILE NUMBER 112
Senate Concurrent RESOLUTION — Providing for the compensation of the clergy and the coordinator of the clergy for services rendered to the Senate and Assembly during the 74th Session of the Nevada Legislature.
Whereas, The members of the 74th Session of the Nevada Legislature sincerely appreciate the daily religious services that are rendered by members of the clergy representing various denominations; and
Whereas, The invocations offered by the clergy provide inspiration and guidance for the members of the Nevada Legislature as they face the challenges and demands of a legislative session; and
Whereas, The assistance provided by the coordinator of the clergy facilitated the daily services; and
Whereas, A reasonable compensation should be provided for the clergy who performed such services and for the coordinator of the clergy; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the Legislative Fund to the members of the clergy who performed religious services for the Senate and the Assembly during the 74th Session of the Nevada Legislature; and be it further
Resolved, That the State Controller is authorized and directed to pay the sum of $2,000 to the coordinator of the clergy who facilitated the services for the Senate and the Assembly during the 74th Session of the Nevada Legislature.
________