[Rev. 2/6/2019 3:06:25 PM]
κ2009 Statutes of Nevada, Page 3207 (FILE NUMBER 46, ACR 25)κ
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature hereby honor Mr. Andre Agassi for his dedicated philanthropic work and vision on behalf of children; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby congratulate the first graduating class of the Andre Agassi College Preparatory Academy for their hard work and accomplishments and hereby express support for a successful future for each of those students; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Andre Agassi, to Mr. Steve Miller, the Chief Executive Officer of the Andre Agassi Foundation, and to Ms. Marsha Irvin, the Chancellor for the Andre Agassi College Preparatory Academy.
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Assembly Concurrent Resolution No. 26Assemblymen Grady; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 47
Assembly Concurrent RESOLUTION — Memorializing native Nevadan and public servant David H. Fulstone II.
Whereas, David H. Davey Fulstone II, whose Lyon County family roots can be traced back to the 1800s, was born in Yerington on December 23, 1950, to David and Angelina Fulstone and lived in Yerington for his entire life; and
Whereas, This native Nevadan spent over 40 years farming with his father and was a staunch activist for agricultural issues and matters related to the Walker River as he kept abreast of current issues and tried to preserve the local heritage and way of life; and
Whereas, On September 10, 1977, David married his beloved wife Diane Reynolds, whose lifelong support, including accompanying him to Israel to study water conservation techniques and different methods of farming, was invaluable in every aspect of his life; and
κ2009 Statutes of Nevada, Page 3208 (FILE NUMBER 47, ACR 26)κ
Whereas, Because of his devotion to issues that were important to Mason Valley, this mentor and leader was actively involved in public service, serving on the Lyon County Board of Commissioners for 8 years, on the National Commission on Agricultural Finance as an appointee of President Reagan, on the Board of Directors of the Walker River Irrigation District and as President of the Nevada Farm Bureau for 10 years, during which he traveled to five European countries and to Japan on trade missions; and
Whereas, His community service also included membership in and two terms as President of the Rotary Club of Yerington, by which he was recognized as a Paul Harris Fellow, service on the Board of the Mason Valley Fire Protection District, membership in the Walker Basin Project Stakeholders Group and the establishment of a popular, local radio talk show; and
Whereas, In an effort to improve peoples lives in our State and throughout the world, this dedicated Nevadan served on the Desert Research Institute Research Foundation Board; and
Whereas, One of the greatest attestations to a life well-lived is the praise of those who know a person best, and Daveys friends, neighbors and those with whom he worked offer the highest praise for him and express the hole his absence leaves in their hearts and in all of Lyon County because of his unique place in the community; and
Whereas, David Fulstone is survived by his wife Diane, his two sons Joshua and Jeffrey, his father David, his sister DeeAnn and innumerable friends; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature wish to express their sincerest condolences to the family and friends of Davey Fulstone; and be it further
Resolved, That the best way to honor this dedicated public servant is for each individual Nevadan to follow his example of service to the community and the State and continually strive to advance the causes in which he believes; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Daveys loving wife Diane and his sons Joshua and Jeffrey.
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κ2009 Statutes of Nevada, Page 3209κ
Assembly Concurrent Resolution No. 27Assemblymen Denis, Smith, Parnell, Mastroluca; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Pierce, Segerblom, Settelmeyer, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 48
Assembly Concurrent RESOLUTION — Honoring the Nevada Parent Teacher Association for its dedicated service in Nevada.
Whereas, The Nevada Parent Teacher Association was founded in 1940 and serves our State as the largest volunteer advocacy group for children, families and teachers, placing emphasis on promoting active family involvement in the schools throughout our State; and
Whereas, The membership of the Nevada PTA is open to everyone and is as inclusive and diverse as the children for whom the members advocate, with representation from different economic, ethnic, religious, political and cultural backgrounds; and
Whereas, The organizational scheme of the Nevada PTA begins with volunteers who form local units that may join together to form councils, which compose PTA regions, and membership in the statewide unit, the Battle Born PTA, is open to everyone; and
Whereas, Each higher tier of the organization provides support for the groups of which it is composed, with the councils providing training, support, materials and expertise to the local units, the regions establishing close working relationships with councils and units to furnish service, training and networking opportunities, and the state level assisting in whatever way it is needed to achieve onevoice for everychild; and
Whereas, The mission of the Nevada PTA is threefold, first, to support and speak on behalf of children in our schools, in the community and before governmental bodies and organizations that make decisions affecting them, second, to assist parents in developing the skills they need to raise and protect their children, and third, to encourage parent and public involvement with the teachers of our schools, all at no cost to the State; and
Whereas, Throughout the 68 years since its inception, the Nevada PTA has contributed money needed to foster education in Nevada and has served our State through a multitude of programs, such as the Carry the Card program by which businesses offer discounts to PTA members, a website for booking vacations with discounted prices, contests for promotion of the arts, training programs for parents that encourage partnership with teachers and community members to build the future together, leadership programs and myriad other projects to foster the well-being of the young people in this State; and
κ2009 Statutes of Nevada, Page 3210 (FILE NUMBER 48, ACR 27)κ
Whereas, To achieve one of the most significant objectives of the Nevada PTA, the advocacy of legislation that enhances the health, education and welfare of our children, the Nevada PTA outlines positions, brings them to the forefront during legislative sessions and encourages the commitment to a quality education for all children; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature honor the Nevada Parent Teacher Association for the dedicated service of its volunteers and express profound gratitude for the contributions they make to Nevadas children, parents and teachers.
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Senate Concurrent Resolution No. 22Senators Cegavske; Amodei, Breeden, Care, Carlton, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Christensen; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 49
Senate Concurrent RESOLUTION — Encouraging the Department of Education, school districts and the Nevada System of Higher Education to increase participation in adult high school programs and enrollment in college.
Whereas, The most recent graduation indicators show that only 67.4 percent of Nevadas 12th graders graduated in 2007 and 4.8 percent of all pupils dropped out of school that same year; and
Whereas, The Nevada Department of Education has several programs for adults who seek additional education, including adult basic education, English as a second language, adult high school diploma programs and general educational development; and
Whereas, School districts in this State provide adult high school diploma programs which allow adults who did not graduate high school to obtain an adult standard diploma and to provide other educational services to adults; and
Whereas, The United States Office of Management and Budget gave Nevadas adult education program the highest rating, making Nevada only one of two adult education programs to receive the highest rating; and
Whereas, According to one study, adults who have not graduated high school earn an average of $21,600 annually, but that amount increases to $30,800 for high school graduates, $37,600 for adults with an associates degree and continues to increase with each additional level of completion of postsecondary education; and
κ2009 Statutes of Nevada, Page 3211 (FILE NUMBER 49, SCR 22)κ
Whereas, Attending college also corresponds with lower levels of unemployment and poverty, lower incarceration rates and higher levels of civic participation; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby recognize the importance of adult education programs in this State and continuing education beyond secondary education; and be it further
Resolved, That the Nevada Department of Education and the school districts in this State are encouraged to work in collaboration with the Nevada System of Higher Education to increase participation in adult education programs, to increase the number of adults who obtain adult high school diplomas and to enroll those adults in a college to continue their education; and be it further
Resolved, That adults who obtain an adult standard diploma are hereby encouraged to further their education by enrolling in college; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the State Director of Adult Education, the superintendent of each school district in this State and the Director of Admissions for each college within the Nevada System of Higher Education.
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Senate Concurrent Resolution No. 23Senators Woodhouse; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Manendo; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 50
Senate Concurrent RESOLUTION — Commemorating the 100th anniversary of the creation of Clark County.
Whereas, The importance of the Las Vegas Valley dates back to days before Nevadas admission into the Union, to 1830, when Mexican trader Antonio Armijo passed through on his journey from Santa Fe to Los Angeles, and it continued to be an important stop on the Old Spanish Trail in the 1830s and 1840s and later on the California Trail during the Gold Rush in the middle of the 19th century; and
Whereas, In 1909, due to rapid growth in the Valley, Lincoln County was divided into two counties, and the new county was named Clark, after William Clark, the railroad entrepreneur who is often credited with helping to transform the Las Vegas area from a ranch to a town; and
κ2009 Statutes of Nevada, Page 3212 (FILE NUMBER 50, SCR 23)κ
Whereas, Lincoln County Assemblyman George Bergman of Nelson, who later would become Clark Countys first State Senator, introduced and successfully guided through the 1909 Nevada Legislature Assembly Bill No. 27, which created Clark County out of the southern part of Lincoln County, effective July 1, 1909; and
Whereas, One hundred years later, Clark County has become one of the fastest-growing areas in the country, home to a booming population of 2 million residents and a getaway to the 44 million tourists whom it attracts each year and who visit for the world-class entertainment, hospitality, gaming, fine dining and shopping and the world-famous Las Vegas Strip, known as the heart of the Entertainment Capital of the World; and
Whereas, The diverse attractions in Clark County stretch beyond The Strip and include urban and rural areas, such as the destinations of Mesquite, Primm and Laughlin, as well as the Colorado River, Lake Mead National Recreation Area, the engineering marvel Hoover Dam, Mount Charleston, Toiyabe National Forest, Red Rock Canyon, The Valley of Fire and a number of parks, museums and recreational and cultural attractions; and
Whereas, Clark County celebrates the 100th anniversary of its establishment this year; and
Whereas, Participating in the host of activities and events that will be held throughout the year, such as attending the grand opening of the newly restored historic Candlelight Wedding Chapel and the opening of the only publicly accessible railroad cottage in Southern Nevada at the Clark County Museum or visiting the touring history exhibit that will open at the Clark County Government Center Rotunda and then travel to various other locations throughout the year, provides an excellent opportunity to become acquainted, or reacquainted, with the communitys history and character; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby recognize and commemorate the centennial of Clark Countys creation; and be it further
Resolved, That the residents of the State of Nevada and Clark County are encouraged to discover and celebrate Clark Countys heritage; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chairman of the Clark County Board of Commissioners for distribution to members of the Board.
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κ2009 Statutes of Nevada, Page 3213κ
Assembly Joint Resolution No. 3 of the 74th SessionAssemblymen 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 51
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.
κ2009 Statutes of Nevada, Page 3214 (FILE NUMBER 51, AJR 3 of the 74th Session)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
κ2009 Statutes of Nevada, Page 3215 (FILE NUMBER 51, AJR 3 of the 74th Session)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.
κ2009 Statutes of Nevada, Page 3216 (FILE NUMBER 51, AJR 3 of the 74th Session)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.
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κ2009 Statutes of Nevada, Page 3217κ
Senate Resolution No. 6Senators Horsford, Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 52
Senate RESOLUTION — Inducting Charles D. Gallagher into the Senate Hall of Fame.
Whereas, The Senate of the Nevada Legislature has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, Charles D. Gallagher was born on May 22, 1887, on the Duck Creek Ranch near Ely, White Pine County, Nevada, and was educated in a one-room schoolhouse, the same school where he began teaching at the age of 16; and
Whereas, After moving to Illinois and completing a 1-year course in photography in 1904, Charles became a professor at the Illinois College of Photography while he was still less than 21 years of age; and
Whereas, Charles returned to Ely in 1907 to open his own photography shop, which he operated for 10 years until the United States entered World War I, and even though Charles was serving in the Nevada Assembly and could have been exempted from service in the military, he volunteered to serve out of loyalty to his country; and
Whereas, Charles was assigned as an aerial photographer with the Aviation Section of the U.S. Signal Corps, and after completing his advanced technical training courses, he began instructing duty at Cornell University, a job he continued until the Armistice; and
Whereas, Following his discharge from military service, Charles spent the remainder of his working years in photography; and
Whereas, Charles served in the Nevada Assembly from 1914 to 1918, and during his time in the Nevada Senate from 1952 to 1964, Senator Gallagher served as the President Pro Tempore in 1959, 1960 and 1961 and as the Majority Floor Leader in 1963 and during the 1964 Special Session, and also chaired the committees on Education and State University (1955-1961), Engrossed and Enrolled Bills (1953), Legislative Functions (1953, 1959-1963), Public Health (1955-1957) and Rules (1959-1963); and
Whereas, Among his legislative accomplishments, Senator Gallagher focused much of his efforts in the Nevada Senate on education matters, such as changing the way in which money was apportioned to school districts, and as a result of this work in education, Senator Gallagher was made an honorary lifetime member of the Nevada Parent Teacher Association; and
Whereas, Senator Gallaghers community service interests included the White Pine County Chamber of Commerce and Mines, the White Pine Public Museum, the Ely Rotary Club and the Masonic Order; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Charles D. Gallagher, a caring educator and dedicated public servant, is hereby inducted into the Senate Hall of Fame of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3218κ
Senate Resolution No. 7Senators Horsford, Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 53
Senate RESOLUTION — Inducting Dina Titus into the Senate Hall of Fame.
Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, Dina Titus was born in Thomasville, Georgia, on May 23, 1950; and
Whereas, Dina Titus received her bachelor of arts degree from the College of William and Mary, her master of arts degree from the University of Georgia and her doctor of philosophy degree in political science from Florida State University, and subsequently, Dr. Titus has been a professor of political science at the University of Nevada, Las Vegas, for the last 30 years and is married to Thomas C. Wright, Ph.D., a history professor at the University; and
Whereas, Senator Titus was first elected to the Nevada Senate from Clark County in 1988 and is one of only two women who served 20 years in the Nevada Senate, and she served as the Minority Leader of the Senate from 1992-2008, making her the longest-serving Minority Leader of the Senate in Nevada history; and
Whereas, Senator Titus chaired numerous interim studies, including the Legislative Committee on Persons With Disabilities in 2003-2004, the Legislative Commissions Subcommittee to Study the Protection of Natural Treasures in 2005-2006, the Legislative Commissions Subcommittee to Review Present Efforts to Conserve and Develop Energy Resources in 1993-1994 and the Study of Gaming in 1991-1992; and
Whereas, Senator Titus sponsored significant legislation relating to childrens health, prescription drugs for seniors, enhanced penalties for offenders who commit crimes against persons with disabilities, smaller class sizes in early elementary grades, a freeze on property tax valuations leading to capping increases at 3 percent for homes, smart growth, green power and the opposition to the storage of nuclear waste at Yucca Mountain, and she created the Legislative Internship Program at the University of Nevada, Las Vegas, which allows select students from southern Nevada to work at the Nevada Legislature; and
Whereas, Dina Titus has many accomplishments outside the legislative arena, such as her inclusion in Outstanding Nevada Women by the Nevada Womens Lobby, receipt of the Presidents Medal from the University of Nevada, Las Vegas, authorship of Bombs in the Backyard: Atomic Testing and American Politics and Battle Born: Federal-State Relations in Nevada During the Twentieth Century, selection by the Las Vegas Review-Journal as Outstanding Legislator of the Year in 1999 and service as Chairman of the Nevada Humanities Committee in 1984-1986; and
κ2009 Statutes of Nevada, Page 3219 (FILE NUMBER 53, SR 7)κ
Whereas, Ever the public servant, Senator Titus was elected in 2008 to the United States House of Representatives from Nevadas Third District; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Dina Titus, who has dedicated many years of her life to the service of the people of the State of Nevada as a professor, member of the Legislature and now a member of the United States Congress, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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Assembly Resolution No. 9Assemblymen Buckley; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 54
Assembly RESOLUTION — Expressing appreciation to the Chief Clerk and staff of the Assembly for their dedication and exceptional performance during the 75th Session of the Nevada Legislature.
Whereas, Each biennium, the Nevada Legislature convenes to address the challenging issues faced by this State; and
Whereas, With a constitutionally mandated 120-day limitation on the length of the legislative session, it is critical that the legislative session proceed in an effective and efficient manner; and
Whereas, This daunting task requires a dedicated and talented staff which is capable of performing a multitude of functions and responding promptly to the different challenges that arise during the legislative session; and
Whereas, The Chief Clerk of the Assembly, Assembly Front Desk Staff, Sergeant at Arms and his staff, Personal Attaches, Committee Services Staff, Administrative Services Staff, Bill Services Staff and other attaches of the Assembly have worked diligently and efficiently in providing exceptional service to the members of the Assembly; and
Whereas, The extraordinary people who have chosen to work with the Assembly during the 75th Session of the Nevada Legislature have carried out their duties on behalf of the residents of the State of Nevada with a professional attitude and tireless resolve; and
Whereas, Their herculean efforts earlier this week enabled the Assembly to coast to a smooth finish on a day that is typically one of the more arduous deadlines of the legislative session; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 75th Session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding support staff of the Assembly, which includes Susan Furlong Reil, Diane Keetch, Lucinda Benjamin, Matthew Baker, Jeanne Douglass, Jason P.
κ2009 Statutes of Nevada, Page 3220 (FILE NUMBER 54, AR 9)κ
support staff of the Assembly, which includes Susan Furlong Reil, Diane Keetch, Lucinda Benjamin, Matthew Baker, Jeanne Douglass, Jason P. Hataway, Christie Peters, Terry Sullivan, Robin L. Bates, Rebecca Harris, Mary A. Matheus, Sharon P. Murphy, Jennifer D. Osheroff, Steven J. Sweeney, Marge Griffin, Sylvia Brown, Jasmine Shackley, Barbara L. Houger, Christina Bailey, Wendy Kameda, Erin Smith, Betty J. Phenix, Laurel Armbrust, Leslie Danihel, Toshiko McIntosh, Alicia C. Taylor, Diane Jackson, Bonnie Borda Hoffecker, Nichole Bailey, Joyce Hess, Mark Sprinkle, Jaclyn Kaiser, Kathryn L. Alden, Lona M. Domenici, Judith Fisher, Harle Glover, Millicent Jorgenson, Jackie Valley, Cynthia Carter, Andrew Diss, Katherine Malzahn-Bass, Daniel Peltier, Patti Adams, Connie Davis, Christine Bashaw, Linda Blevins, Anne Bowen, Linda J. Smith, Carol J. Thomsen, Janice Wright, Victoria Kieffer, Theresa Horgan, Patricia A. Blackburn, Judith Coolbaugh, Karen Fox, Mary Garcia, Robert G. Gonzalez, Christopher Kanowitz, Julie Kellen, Kyle McAfee, Sharon McCallen, Sean McDonald, Earlene M. Miller, Emilie I. Reafs, Darlene A. Rubin, Marlen R. Schultz, Denise M. Sins, Scarlett Smith, Michelle Smothers, Karyn Werner, Cheryl L. Williams, Mary Bean, Jennifer A. Breeden, Christopher Caldwell, Bambi Chase, Stephany J. Corral, Dionny Fonseca, Cecilia Hackman, Donna Hancock, Patricia J. Hutson, Luanne King, Novella W. Kowallek, Denise A. Larsen, Patricia A. Manning, Ashley Massey, Carolyn J. Maynick, Connie Nellos, Diane OConnor, Valerie Osgood, Sheree L. Rosevear, Christina L. Salerno, Cindy Southerland, Janet F. Stokes, Linda L. Utt, Brittany J. Walker, Olivia M. Lloyd, Cheryl Higgs McClellan, Steve Sisneros, Sally A. Stoner, Jocelyne Helzer, Carl C. Meier, David E. Moore, Evelyn Moser, Kathryn Moser, Larry Peri, Marcia Peterson, Frank Taylor, Ted Zuend, Deanna Keirstead, Sherwood Howard, June Bennett, Norman Budden, Mary Carel, Diane L. Bacus, Jack W. Cooke, John A. Davis, Jr., Mark S. Day, Gail A. Eller, Michael Fettic, Renee Ekleberry, Joyce E. Ghiselli, Don W. Hataway, Lois A. Lahair, Robert V. Maynick, Rick Redican, Paul Saucedo, Frank D. Tetz, Daniel D. Webster, Debra A. Williams and Lucille Zuend; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the staff of the Assembly.
________
κ2009 Statutes of Nevada, Page 3221κ
Senate Concurrent Resolution No. 24Senators Horsford, Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
Joint Sponsors: Assemblymen Anderson; Aizley, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 55
Senate Concurrent RESOLUTION — Expressing the support of the Legislature for participatory democracy and honoring the recipients of the Jean Ford Democracy Award.
Whereas, The Nevada Legislature created the Advisory Committee on Participatory Democracy within the Office of the Secretary of State to advocate for civic education, voter registration and citizen participation; and
Whereas, The members of the Advisory Committee, who represent civic education groups, nonprofit organizations and community advocacy groups, work tirelessly to ensure the success of the Advisory Committee; and
Whereas, The Legislature is committed to working with citizens, election officers, agencies and the Advisory Committee to develop innovative programs, create partnerships and explore new strategies to communicate with the residents of this State in an effort to increase participation in the democratic process; and
Whereas, Jean Ford, who served in both the Assembly and Senate of this State and was an outstanding leader and a champion of participatory democracy, exemplified the ideals that the Advisory Committee strives to encourage; and
Whereas, The Advisory Committee established the Jean Ford Democracy Award to honor citizens who perform exemplary service in promoting participatory democracy in this State; and
Whereas, In 2003, the Nevada Legislature set a goal to have 75 percent of all eligible voters in the State registered and to have 70 percent of those registered voters participate in the 2008 General Election; and
Whereas, These goals were not only achieved, but also exceeded, as, according to information provided by the Secretary of State, approximately 84.5 percent of all eligible voters in this State registered for the 2008 General Election and approximately 80 percent of those registered voters cast ballots in the 2008 General Election; now therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby honors the following recipients of the Jean Ford Democracy Award for exemplary service in promoting participatory democracy in this State: Stephanie Hartman, Kenya Pierce, State Senator Valerie Wiener and Daniel Wong; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby affirm the commitment to achieve, by the 2012 General Election, the goals of having 90 percent of all eligible voters in the State registered and having 85 percent of those registered voters participate in that election; and be it further
κ2009 Statutes of Nevada, Page 3222 (FILE NUMBER 55, SCR 24)κ
Election, the goals of having 90 percent of all eligible voters in the State registered and having 85 percent of those registered voters participate in that election; and be it further
Resolved, That the Advisory Committee shall make a full report to the 77th Session of the Nevada Legislature on the achievement of the goals set forth in this resolution and the progress of the Advisory Committee in carrying out its statutory duties; and be it further
Resolved, That the Legislature hereby declares April 23, 2009, Participatory Democracy Day in the Nevada Legislature; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to award recipients Stephanie Hartman, Kenya Pierce, State Senator Valerie Wiener and Daniel Wong, and to the Superintendent of Public Instruction, the Chairman of the Board of Regents of the University of Nevada, the Secretary of State and the members of the Advisory Committee on Participatory Democracy.
________
Senate Concurrent Resolution No. 25Senators Parks; Breeden, Coffin, Copening, Wiener and Woodhouse
Joint Sponsor: Assemblywoman Leslie
FILE NUMBER 56
Senate Concurrent RESOLUTION — Designating April 22, 2009, as Equality Day in Nevada.
Whereas, In November 2008, the Gay & Lesbian Community Center of Southern Nevada created Stand OUT For Equality, a community coalition working to achieve equality for lesbian, gay, bisexual and transgender (LGBT) Nevadans; and
Whereas, Stand OUT For Equality supports and promotes activities directed at furthering the well-being, positive image and human rights of the LGBT community and its allies in Nevada; and
Whereas, Stand OUT For Equality has organized the first-ever statewide lobbying trip, called Equality Days, to the Nevada Legislature specifically for the LGBT community; and
Whereas, Nevada residents who are LGBT and straight allies have joined together to share their personal stories in order to educate and engage Nevada Legislators and the public regarding LGBT issues; and
Whereas, Equality Days has a large number of sponsors, including the American Civil Liberties Union of Nevada, Desiree Alliance, Human Rights Campaign, Interweave Continental, Lambda Business and Professional Association, League of Women Voters of Las Vegas Valley, League of Women Voters of Nevada, National Association of Social Workers-Nevada Chapter, Nevada Womens Lobby, Parents, Families and Friends of Lesbians and Gays-Carson Region, Progressive Leadership Alliance of Nevada, Sin Sity Sisters, Southern Nevada Association of Pride, Inc., Stonewall Democratic Club of Southern Nevada, Stonewall Democrats of Northern Nevada, UNLV Office of the Vice President for Diversity and Inclusion and Womens Empowerment Network of Las Vegas; and
κ2009 Statutes of Nevada, Page 3223 (FILE NUMBER 56, SCR 25)κ
Whereas, The American Association of University Women-Las Vegas Branch, American Association of University Women-Nevada, Clark County Democratic Black Caucus, Golden Rainbow, Las Vegas Convention and Visitors Authority, Lauras List, Log Cabin Republicans, LV Equality, Las Vegas Gay Athletics, Arts and Activities, National Organization for Women-Southern Nevada Chapter, Nevada NOW, Nevada Stonewall Democrats, ProgressNow Nevada, Si Se Puede Latino Democratic Caucus, Spectrum Northern Nevada, SWOP, The Lovett Foundation and Three Degrees are community supporters; and
Whereas, Equality Days seeks to ensure that LGBT issues are both recognized and represented by elected officials to create a Nevada where LGBT people are ensured their basic equal rights and can be open, honest and safe at home, at work and in the community; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That April 22, 2009, is hereby designated Equality Day in Nevada; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby express their commitment to creating greater public awareness of lesbian, gay, bisexual and transgender issues in Nevada and resolve to continue to work cooperatively toward equality for all Nevadans; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Jim Gibbons.
________
Senate Joint Resolution No. 9 of the 74th SessionCommittee on Judiciary
FILE NUMBER 57
SENATE Joint RESOLUTION — Proposing to amend the Nevada Constitution to allow the Legislature to establish an intermediate appellate court.
Legislative Counsels Digest:
This resolution proposes an amendment to the Nevada Constitution to allow the Legislature to establish an intermediate appellate court, known as the court of appeals. If the Legislature establishes the court of appeals, the court must consist of at least three judges. The initial judges will be elected at the first general election after the creation of the court, and each judge will be elected to serve a term of 6 years.
The court will have appellate jurisdiction in civil cases arising in district court and in criminal cases within the original jurisdiction of the district courts. The Nevada Supreme Court must fix the jurisdiction of the court and provide for the review of appeals decided by the court.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 3A, be added to Article 6 of the Nevada Constitution to read as follows:
Sec. 3A. 1. The Legislature may provide by law for the creation of a court of appeals.
2. If the Legislature creates a court of appeals pursuant to subsection 1, then:
κ2009 Statutes of Nevada, Page 3224 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
(a) The court of appeals must consist of three judges or such greater number as the Legislature may provide by law. If the number of judges is so increased, the Supreme Court may provide by rule for the assignment of any appeal to a panel of three judges for decision.
(b) Except as otherwise provided in paragraph (c) and unless the Legislature provides for a term of fewer years pursuant to paragraph (d), each judge of the court of appeals must be elected by the qualified electors of this State at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial judges of the court of appeals must be elected by the qualified electors of this State at the first general election following the creation of the court of appeals.
(c) Notwithstanding the provisions of paragraph (b), if, at the time that the Legislature establishes a court of appeals, this Article provides for the appointment of each justice of the Supreme Court and judge of the district court by the Governor, each judge of the court of appeals must be appointed by the Governor in the manner and for the term provided in Section 20 of this Article.
(d) Except as otherwise provided in paragraph (e), if there is an increase in the number of judges of the court of appeals, each additional judge must be elected by the qualified electors of this State at the first general election following the increase for a term beginning on the first Monday of January next after the election. The Legislature shall provide for an initial term of 6 or fewer years for each additional judge so that the terms of all judges of the court of appeals expire at the same time.
(e) Notwithstanding the provisions of paragraph (d), if, at the time that there is an increase in the number of judges of the court of appeals, this Article provides for the appointment of each justice of the Supreme Court and judge of the district court by the Governor, each additional judge must be appointed by the Governor in the manner and for the term provided in Section 20 of this Article.
(f) The Supreme Court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.
And be it further
Resolved, That Section 1 of Article 6 of the Nevada Constitution be amended to read as follows:
Section 1. The judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a court of appeals, if established by the Legislature, district courts [,] and justices of the peace. The Legislature may also establish, as part of the system, courts for municipal purposes only in incorporated cities and towns.
And be it further
Resolved, That Section 4 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 4. 1. The Supreme Court [shall] and the court of appeals, if established by the Legislature, have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts.
κ2009 Statutes of Nevada, Page 3225 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
original jurisdiction of the district courts. If the Legislature establishes a court of appeals, the Supreme Court shall fix the jurisdiction of the court of appeals and provide for the review, where appropriate, of appeals decided by the court of appeals. The [court shall] Supreme Court and the court of appeals also have power to issue writs of mandamus, certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the Supreme Court and judge of the court of appeals may issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody [,] in this State and may make such writs returnable [, before himself] before the issuing justice or judge or the [Supreme Court,] court of which the justice or judge is a member, or before any district court in the State or [before] any judge of [said courts.] a district court.
2. In case of the disability or disqualification, for any cause, of [the Chief Justice or one of the associate justices] a justice of the Supreme Court, [or any two of them,] the Governor [is authorized and empowered to designate any] may designate a judge of the court of appeals or a district judge [or judges] to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the Governor is entitled to receive his actual expense of travel and otherwise while sitting in the Supreme Court.
3. In case of the disability or disqualification, for any cause, of a judge of the court of appeals, the Governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the Governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
And be it further
Resolved, That Section 7 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 7. The times of holding the Supreme Court , the court of appeals, if established by the Legislature, and the district courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the State. The terms of the court of appeals, if established by the Legislature, must be held at the place provided by law. The terms of the district courts [shall] must be held at the county seats of their respective counties unless the Legislature otherwise provides by law.
And be it further
Resolved, That Section 8 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 8. 1. The Legislature shall determine the number of justices of the peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
κ2009 Statutes of Nevada, Page 3226 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of justices of the peace become effective on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and determine the cases , in which appeals may be taken from justices and other courts. The Supreme Court, the court of appeals, if established by the Legislature, the district courts [,] and such other courts [,] as the Legislature shall designate [, shall be] are courts of record.
And be it further
Resolved, That Section 11 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 11. The justices of the Supreme Court , the judges of the court of appeals, if established by the Legislature, and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed . [; and all] All elections or appointments of any such judges by the people, Legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.
And be it further
Resolved, That Section 15 of Article 6 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 15. The justices of the Supreme Court , the judges of the court of appeals, if established by the Legislature, and the district judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment . [; and provision shall] A provision must 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 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.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. Each nomination for the Supreme Court [shall] or the court of appeals, if established by the Legislature, must be made by the permanent Commission, composed of:
κ2009 Statutes of Nevada, Page 3227 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
(a) The Chief Justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Three persons, not members of the legal profession, appointed by the Governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent Commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the Board of Governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the Governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the Governor.
7. An appointing authority shall not appoint to the permanent Commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
Κ No member of the permanent Commission may be a member of [a] 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 judge of the court of appeals, if established by the Legislature, 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.
κ2009 Statutes of Nevada, Page 3228 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
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.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The Governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The Legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the Commission may impose;
(b) The grounds for censure and other disciplinary action that the Commission may impose, including, but not limited to, violations of the provisions of the Code of Judicial Conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the Commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The Supreme Court shall adopt a Code of Judicial Conduct.
7. The Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(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.
κ2009 Statutes of Nevada, Page 3229 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the Commission by any person or on the motion of the Commission. The Commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The Commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the Commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this Section is entitled thereafter to receive such compensation as the Legislature may provide.
10. If a proceeding is brought against a justice of the Supreme Court, no justice of the Supreme Court may sit on the Commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the Commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the Commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the Commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the Commission for that proceeding. If an appeal is taken from an action of the Commission to the Supreme Court, any justice who sat on the Commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the Commission is disqualified by this subsection, the Supreme Court shall appoint a substitute from among the eligible judges.
11. The Commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the Commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the Legislature may from time to time confer upon it.
And be it further
Resolved, That Section 3 of Article 7 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House, which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and associate] justices of the Supreme Court , the judges of the court of appeals, if established by the Legislature, and the judges of the district courts [shall] must be removed from office on the vote of two thirds of the members elected to each branch of the Legislature .
κ2009 Statutes of Nevada, Page 3230 (FILE NUMBER 57, SJR 9 of the 74th Session)κ
elected to each branch of the Legislature . [, and the] The justice or judge complained of [, shall] must be served with a copy of the complaint against him [, and shall] and have an opportunity of being heard in person or by counsel in his defense . [, provided, that no] No member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That Section 8 of Article 15 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all statute laws of a general nature [,] and such decisions of the Supreme Court [,] and the court of appeals, if established by the Legislature, as it may deem expedient . [; and all] All laws and judicial decisions [shall] must be free for publication by any person . [; provided, that no] No judgment of the Supreme Court or the court of appeals shall take effect and be operative until the opinion of the court in such case [shall be] is filed with the clerk of said court.
________
Assembly Concurrent Resolution No. 28Assemblymen Conklin; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Horsford; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 58
Assembly Concurrent RESOLUTION — Designating April 28, 2009, as Homeless Youth Awareness Day in Nevada.
Whereas, Thousands of children in this State are reported as runaways each year and often join the homeless population on the streets, eating out of dumpsters, sleeping in alleys and feeling cold, unloved and alone; and
Whereas, Many of these runaway children prefer to chance the dangers of life on the street to remaining in their homes, where they often experience abuse, violence and other dysfunction; and
Whereas, Although the Right to Shelter Law, which provided for separate shelters for certain runaway children, was passed by the Nevada Legislature in 2001, there are no long-term residential facilities which allow children to seek assistance on a voluntary basis in this State; and
κ2009 Statutes of Nevada, Page 3231 (FILE NUMBER 58, ACR 28)κ
Whereas, There is a lack of available statistics concerning the number of homeless children that reside in this State and their need for such long-term residential facilities and other services; and
Whereas, Children who are homeless are unable to support themselves financially, causing them to become desperate, hungry and vulnerable; and
Whereas, Homeless children often become sexually active, are at risk of becoming pregnant and engaging in prostitution, suffer from poor
nutrition and dehydration, become suicidal and suffer various other harms which affect their overall health, well-being and ability to become productive members of society; and
Whereas, To properly address the needs of this often-forgotten population, it is important to raise public awareness of the serious issues concerning homeless children in this State and to encourage public support for programs designed to assist those children; and
Whereas, The members of the Nevada Legislature recognize the outstanding efforts of the state and local governmental agencies and nonprofit entities dedicated to fighting the problem of homeless children in the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That April 28, 2009, is hereby designated as Homeless Youth Awareness Day in Nevada; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby express their commitment to creating a greater public awareness of the problem of homeless children in Nevada and continuing to work cooperatively to solve this problem; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Joshua Hicks, Chief of Staff to Governor Jim Gibbons, and to the Board of Directors of the Nevada Partnership for Homeless Youth.
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κ2009 Statutes of Nevada, Page 3232κ
Assembly Concurrent Resolution No. 29Assemblymen McClain; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 59
Assembly Concurrent RESOLUTION — Recognizing Tuesday, April 28, 2009, as Equal Pay Day.
Whereas, Equal Pay Day was originated by the National Committee on Pay Equity in 1996 as a public awareness event to illustrate the gap between mens and womens wages; and
Whereas, Because women earn less, on average, than men, they must work longer for the same amount of pay, and therefore Equal Pay Day is observed during the last week in April to symbolize how far into the year a woman must work, on average, to earn as much as a man earned during the previous year and on a Tuesday because it is the day of the week on which womens wages catch up to mens wages from the previous week; and
Whereas, Pay equity is not just a womens issue because equal pay for women raises family income and the whole family benefits; and
Whereas, In 1963, when the Equal Pay Act was signed into law, women earned an average of 59 cents for every dollar earned by a man, and in 2007, women earned an average of 78 cents for every dollar earned by a man; and
Whereas, The wage gap is even greater for most women of color, as statistics show that Latina women earn 59 cents, African American women earn 69 cents and Asian American women earn 89 cents for every dollar men earn; and
Whereas, Over a working lifetime, this wage disparity costs the average American woman and her family an estimated $700,000 to $2 million, impacting social security benefits and pensions; and
Whereas, Nevada ranks eighth for the ratio of womens earnings to mens (wage gap), and it is estimated that women will catch up to men by 2020; and
Whereas, Nevada ranks 17th for the percentage of women-owned businesses, 47th for the number of women in professional and managerial positions and 47th for the percentage of women with 4 or more years of college; and
Whereas, On January 29, 2009, the Lilly Ledbetter Fair Pay Act, which restores the ability of victims of wage discrimination to hold their employers accountable for injustice and challenge the practice in court, was signed into law; now, therefore, be it
κ2009 Statutes of Nevada, Page 3233 (FILE NUMBER 59, ACR 29)κ
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby designates Tuesday, April 28, 2009, as Equal Pay Day in Nevada to recognize the contributions of women to the paid labor force and the ongoing work of both women and men to reach the goal of equal pay for equal work; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Nevada Womens Lobby, League of Women Voters of Nevada, American Association of University Women of Nevada and Nevada NOW for their advocacy work on behalf of all Nevada women.
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Senate Concurrent Resolution No. 4Committee on Health and Education
FILE NUMBER 60
Senate Concurrent RESOLUTION — Urging certain agencies which provide child welfare services to develop a standardized practice model and to address certain issues related to child and family services.
Whereas, The Division of Child and Family Services of the Department of Health and Human Services, the Clark County Department of Family Services and the Washoe County Department of Social Services provide vital child and family services in this State by helping to ensure the safety and protection of children and by providing necessary services to families; and
Whereas, Minority children represent a disproportionate number of children who are placed in foster care in this State, including African Americans who represent 19.7 percent of children entering foster care, but represent only 8.4 percent of the general population; and
Whereas, Research indicates that child abuse and neglect are symptoms of an extreme disturbance in child rearing and frequently part of a milieu of severe family problems such as poverty, alcoholism, substance abuse or limited parenting skills; and
Whereas, Research shows that the risk of child abuse can be lessened through such preventive strategies as strengthening parenting skills, providing support for families in crisis, facilitating childrens social and emotional development, and linking families to services and opportunities; and
Whereas, Models for providing child and family services which focus on the preservation of the family while ensuring the safe protection of children provide a comprehensive and systematic method for family-centered support and intervention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature do hereby urge the Division of Child and Family Services of the Department of Health and Human Services, the Clark County Department of Family Services and the Washoe County Department of Social Services, in consultation with other key stakeholders connected to the safety and welfare of children in this State, to:
κ2009 Statutes of Nevada, Page 3234 (FILE NUMBER 60, SCR 4)κ
1. Develop a statewide standardized practice model for providing child and family services which focuses on the preservation of the family while ensuring the safe protection of children;
2. Assess the disproportionate number of minority children placed in foster care in this State and develop a strategy to address the disproportionality, including a mechanism for the ongoing collection and tracking of related data;
3. Identify targets to reduce, in a safe and efficient manner, the number of children in foster care and implement a system to monitor the reduction efforts;
4. Ensure that allegations of child abuse and neglect are investigated properly before removing children from their homes;
5. Study and assess the prescription and administration of psychotropic medications to children placed in the custody of an agency which provides child welfare services in this State; and
6. Develop and implement an assessment to determine the safety or risk of allowing a child to remain in his home; 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 Health and Human Services, the Administrator of the Division of Child and Family Services of the Department of Health and Human Services, the Director of the Clark County Department of Family Services and the Director of the Washoe County Department of Social Services.
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Senate Concurrent Resolution No. 2Committee on Natural Resources
FILE NUMBER 61
Senate Concurrent RESOLUTION — Encouraging entities that are engaged in monitoring the water quality of the Truckee River to coordinate certain activities.
Whereas, The federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., and Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., require states to establish standards of water quality for all surface water and to monitor compliance with those standards; and
Whereas, Monitoring of the water quality of the Truckee River is conducted for biological, chemical and physical constituents to determine if standards of water quality established by the State of Nevada and required by the Clean Water Act and Safe Drinking Water Act are being met; and
Whereas, There are approximately 50 locations on the Truckee River where monitoring is conducted to protect drinking water and water quality for downstream use; and
Whereas, Monitoring of the watershed along the Truckee River is conducted by several separate entities, which may result in a loss of efficiency and duplication of effort; and
Whereas, In an effort to increase efficiency and prevent duplication of effort, the entities involved in monitoring the watershed along the Truckee River have been working toward a coordinated watershed monitoring program; and
κ2009 Statutes of Nevada, Page 3235 (FILE NUMBER 61, SCR 2)κ
Whereas, As part of the coordinated watershed monitoring program, a central clearinghouse of technical and water-related information has been developed to enhance collaboration and share data among the various entities; and
Whereas, The Nevada Legislature believes that coordinated monitoring and reporting of information is in the best interest of this State to ensure timely identification of potential problems with water quality or environmental degradation of the Truckee River and to promote the future protection of the Truckee River watershed; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the entities which are engaged in the management and monitoring of the water quality of the Truckee River are encouraged to continue to work together toward developing a comprehensive and coordinated watershed monitoring program for the Truckee River and its tributaries and to refine and enhance existing monitoring efforts; and be it further
Resolved, That the entities are encouraged to collect and publish the resulting data from the coordinated monitoring efforts into a single source and make that data available to the public; and be it further
Resolved, That the Division of Environmental Protection of the State Department of Conservation and Natural Resources is hereby directed to develop a memorandum of understanding with the entities to ensure a clear understanding of the coordinated watershed monitoring program and the coordinated watershed monitoring efforts in which they are engaged; and be it further
Resolved, That the Division is hereby directed to submit a report concerning the memorandum of understanding and the coordinated watershed monitoring efforts of the entities at the first meeting of the Legislative Committee to Oversee the Western Regional Water Commission that is held after the conclusion of the 75th Regular Session of the Nevada Legislature; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor, the Chairman of the Western Regional Water Commission, the Chairman of the City Council of the City of Reno, the Chairman of the City Council of the City of Sparks, the President of the Desert Research Institute, the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, the Chairman of the Board of Directors of the Truckee Meadows Water Authority, the Chairman of the Truckee Meadows Stormwater Committee, the Manager of the Truckee Meadows Water Reclamation Facility, the President of the University of Nevada, Reno, the Commissioner of the Bureau of Reclamation of the United States Department of the Interior, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey.
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κ2009 Statutes of Nevada, Page 3236κ
Senate Resolution No. 8Senators Coffin; Amodei, Breeden, Care, Carlton, Cegavske, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 62
Senate RESOLUTION — Honoring the accomplishments of Steve Fossett.
Whereas, The spirit of adventure has forever been a cornerstone of our great nation, and no one has personified that quality more than world-famous aviator, business executive and sailor James Stephen Fossett; and
Whereas, Although Steve Fossett always maintained that he was not a thrill seeker, his inclination to test things out evidenced itself at the young age of 3 when he discovered the starter button on a car and proceeded to experiment, jerking the car repeatedly down the street for several blocks; and
Whereas, At the age of 11, Steve joined the Boy Scouts of America, and he attained the rank of Eagle Scout by demonstrating his Scout Spirit, service and leadership, characteristics that fostered the accomplishment of amazing feats throughout his life; and
Whereas, Steve graduated with a bachelors degree in economics from Stanford University in 1966, and in 1968, he earned a masters degree in business administration from Washington University in St. Louis, Missouri, and in that same year married his beloved wife and lifelong supporter Peggy; and
Whereas, Launching a successful career in Chicago, this entrepreneur soon began amassing his fortune through trading futures and options, and he established the successful brokerage companies Lakota Trading, Marathon Securities and Larkspur Securities; and
Whereas, Steve added high-powered adventure to the family and business aspects of his life and became an American legend as he swam the English Channel, completed an Ironman Triathlon, competed in the Iditarod Trail Sled Dog Race, set cross-country skiing records in Colorado, participated in the Le Mans road race, climbed some of the worlds highest peaks, including the Matterhorn and Mount Kilimanjaro, and circumnavigated the earth ballooning, sailing and flying; and
Whereas, The name Steve Fossett has become somewhat synonymous with achievements in aviation because of such exploits as completing the first around-the-world, nonstop solo balloon flight, setting an absolute world speed record for Zeppelin airships as one of only 17 Zeppelin captains in the world, setting nonsupersonic speed records in a Cessna Citation X and establishing a new world record for glider altitude; and
Whereas, In 2007, to honor this aviator who holds 116 official world records in the five different fields of sailboats, balloons, airplanes, gliders and airships, the National Aviation Hall of Fame added Steve Fossetts name to the Enshrinee List for Jet Age aviation achievements; and
Whereas, The Nevada Legislature was saddened to learn of the untimely death of this earnest adventurer when the plane he was flying went down not long after taking off from a Nevada ranch on a mission to find an appropriate location for an attempt to break the land speed record in a rocket-propelled car; now, therefore, be it
κ2009 Statutes of Nevada, Page 3237 (FILE NUMBER 62, SR 8)κ
Resolved by the Senate of the State of Nevada, That the members of the Nevada Senate honor the accomplishments of Steve Fossett and express sincere condolences to his wife and all those who loved him; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Steves beloved wife Peggy Fossett.
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Senate Concurrent Resolution No. 27Senators Woodhouse; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Denis; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 63
Senate Concurrent RESOLUTION — Honoring educational personnel for the services they provide to their students and all of Nevada.
Whereas, The education of the young people of Nevada is the foundation of the current and future success of our State, and quality instruction is crucial to creating an innovative workforce and to increasing the global competitiveness of the United States; and
Whereas, Elementary and secondary school teachers and higher education instructors, as well as other educational personnel, such as administrators, counselors, coaches and support staff, help students cultivate the knowledge and principles necessary to be successful in life; and
Whereas, Educators and support staff are expected to live up to and exceed high standards, while often receiving little recognition, and spend countless hours outside of the classroom to further their selfless goal of providing quality educational services to all pupils, regardless of the students backgrounds or abilities; and
Whereas, Those in the academic world work assiduously to instill civic responsibility among students in this State, and their efforts are directly responsible for inspiring and creating the leaders of tomorrow; and
Whereas, Those who commit their careers to educating others deserve commendation for their wisdom, compassion and dedication to their work; and
Whereas, Educational personnel fulfill many roles, as listeners, leaders, role models, motivators and mentors, and continue to influence us long after our school days are only memories; and
Whereas, In the words of Mark Twain, It is noble to teach oneself, but still nobler to teach others; now, therefore, be it
κ2009 Statutes of Nevada, Page 3238 (FILE NUMBER 63, SCR 27)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby express their sincere gratitude to all educational personnel in prekindergarten through postsecondary levels in Nevada and recognize the need to raise public awareness of their unquantifiable contributions and to promote greater respect for and understanding of their roles in education; and be it further
Resolved, That the schools, communities and residents of this State are encouraged to appropriately recognize that educational personnel are vital to the very fabric of our society, even if with just a simple thank you, and to continue to support those who educate our children, peers and neighbors; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Board of Regents of the University of Nevada, the Superintendent of Public Instruction, the Nevada Parent Teacher Association, the Nevada State Education Association, the Nevada Association of School Boards and the Nevada Association of School Administrators.
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Senate Concurrent Resolution No. 28Senators Copening; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Mastroluca; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 64
Senate Concurrent RESOLUTION — Recognizing the second week in May as Melanoma and Skin Cancer Detection and Prevention Week in Nevada and encouraging the public to take measures to decrease incidents of skin cancer.
Whereas, One in five Americans will get skin cancer in his lifetime; and
Whereas, More than one million new cases of skin cancer, a potentially deadly disease and the most common of all types of cancer, will be diagnosed in the United States this year; and
Whereas, Most people do not realize that the skin is the largest and most visible organ of the body and performs many essential tasks; and
Whereas, Melanoma, the most deadly form of skin cancer, is now the fastest growing cancer in the United States, with cases increasing at an epidemic rate; and
κ2009 Statutes of Nevada, Page 3239 (FILE NUMBER 64, SCR 28)κ
Whereas, One American dies from melanoma every 62 minutes, and 116,500 new cases of melanoma are projected to be diagnosed this year; and
Whereas, In 2008, 480 Nevadans were diagnosed with melanoma; and
Whereas, Melanoma is the second most common cancer in adolescents and young adults ages 15 to 29 and is the leading cause of cancer death in women ages 25 to 30 and the second only to breast cancer in women ages 30 to 34; and
Whereas, The United States Department of Health and Human Services has declared ultraviolet radiation from the sun and artificial sources, such as tanning beds and sun lamps, as a known carcinogen; and
Whereas, Evidence from several studies has shown that exposure to ultraviolet radiation from indoor tanning devices is associated with an increased risk of melanoma and nonmelanoma skin cancer such as squamous cell carcinoma and basal cell carcinoma, especially when a person is exposed at an early age; and
Whereas, More than 2.3 million teenagers use artificial tanning devices each year, and more than 25 percent of American teenagers have used tanning booths three or more times; and
Whereas, Skin damage from ultraviolet radiation is cumulative, and its adverse effects, including skin cancer and premature aging, often take years to become apparent; and
Whereas, Much of this damage occurs during the teenage years as evidenced by the fact that skin cancer is occurring in younger populations; and
Whereas, If detected and treated early, melanoma is often curable, with monthly self-examination being one of the most effective methods of early detection, as well as periodic checkups by a doctor; and
Whereas, Some simple precautions to take include avoiding the sun in peak hours, wearing protective clothing, using sunscreen and sunglasses, and avoiding tanning beds and sunlamps; and
Whereas, The Nevada Cancer Institute, the official cancer institute of the State of Nevada, combats melanoma by conducting inventive immunotherapy research, providing melanoma patients with cutting-edge treatments and clinical trials, and educating Nevadans on sun-safety behaviors; and
Whereas, Organizations such as the American Cancer Society and other statewide and local organizations collaborate as members of the Nevada Cancer Council to bring together and coordinate cancer prevention efforts, early detection, treatment, support and research to improve the quality of life for everyone in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature recognize melanoma as a serious health issue and urge all Nevadans to avail themselves of information concerning the prevention, early detection and treatment of melanoma to reduce the occurrence of this deadly form of cancer; and be it further
Resolved, That the Nevada Legislature formally recognizes May as National Melanoma and Skin Cancer Detection and Prevention Month and declares the second week of May as Melanoma and Skin Cancer Detection and Prevention Week in Nevada.
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κ2009 Statutes of Nevada, Page 3240κ
Senate Concurrent Resolution No. 29Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 65
Senate Concurrent RESOLUTION — Memorializing former State Climatologist, John James.
Whereas, One of the last photos taken of John James, former State Climatologist and University of Nevada, Reno, professor, before his passing on January 15, 2007, depicts him in a t-shirt with the inscription, Mr. Weather to you, representing his enthusiasm and passion for the career path he had chosen; and
Whereas, He first became interested in weather while serving as a military cartographer in Korea during the Korean War, which eventually led to the work he conducted for the State of Nevada, and his fascination with climate, and especially severe weather, was unparalleled; and
Whereas, John moved to Nevada in 1969 to help found Sierra Nevada College at Incline Village and, soon thereafter, began work as a research associate for the Foresta Institute for Ocean and Mountain Studies in Carson City; and
Whereas, An esteemed educator, he served for 28 years at the University of Nevada, Reno, as a geography and meteorology professor and also as Chair of the Universitys Institutional Athletic Board, and of all of his commendable pursuits, he loved teaching the most and often enlivened his lectures with humor; and
Whereas, This climate frontiersman was on the cutting edge in the field of weather modification and became a respected authority on alpine environment and climate, especially in the Sierra Nevada range and the Lake Tahoe Basin; and
Whereas, Mr. James was eventually appointed as the State Climatologist, and in his 23 years in that capacity, he studied, maintained and documented the States weather records through a network of volunteer observers in backyard weather stations throughout the State, in addition to serving as Chair of the Governors Drought Review and Reporting Committee when Nevada suffered through an extended drought period; and
Whereas, John was preceded in death by his wife Lois, and he is survived by his sons Mark and Lee and daughter Cathy-Lee, as well as five grandchildren; now, therefore, be it
κ2009 Statutes of Nevada, Page 3241 (FILE NUMBER 65, SCR 29)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That members of the 75th Session of the Nevada Legislature hereby express their grief for the loss of John James, their sincere condolences to his beloved family and their admiration and gratitude for his long service to the State of Nevada; and be it further
Resolved, That Mr. James will be remembered by his family, friends, colleagues and former students as a devoted father and a great educator, and his legacy will continue in his careers numerous accomplishments and discoveries, as well as the scholarship endowment his son Mark and Marks wife, Lori, have established to support students of the atmospheric sciences and geography; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to John Jamess sons Mark and Lee and his daughter Cathy-Lee.
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Assembly Concurrent Resolution No. 31Assemblymen Ohrenschall; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 66
Assembly Concurrent RESOLUTION — Urging the Government of Turkey to grant the Ecumenical Patriarch international recognition and to respect the human rights and property rights of the Ecumenical Patriarchate.
Whereas, The Ecumenical Patriarchate, located in Istanbul, Turkey, is the Sacred See that presides in a spirit of brotherhood over a communion of self-governing churches of the Orthodox Christian world; and
Whereas, Ecumenical Patriarch Bartholomew, See leader, cosponsored the Conference on Peace and Tolerance in 1994 and 2005, fostering an interfaith dialogue among Christian, Jewish and Muslim religious leaders to help end regional ethnic conflicts; and
Whereas, In 1997, the United States Congress awarded Ecumenical Patriarch Bartholomew the Congressional Gold Medal; and
Whereas, The Orthodox Christian Church, in existence for nearly 2,000 years, numbers approximately 300,000,000 members worldwide with more than 2,000,000 members in the United States; and
κ2009 Statutes of Nevada, Page 3242 (FILE NUMBER 66, ACR 31)κ
Whereas, Since 1453, the presence of the Ecumenical Patriarchate as international head of the Greek Orthodox Church in Turkey testifies to religious coexistence; and
Whereas, The Turkish government has limited those able to hold the office of Ecumenical Patriarch to Turkish nationals, threatening the viability of succession; and
Whereas, The Turkish government confiscated a large percentage of the Ecumenical Patriarchates and the Greek communitys properties, placed a high tax on one of the Patriarchates charity hospitals, the Baloukli Hospital and Home for the Aged, and closed the Theological School of Halki in 1971, impeding Orthodox clergy training; and
Whereas, The European Council began accession negotiations with Turkey, and the Turkish governments current treatment of the Ecumenical Patriarchate is inconsistent with the defined membership criteria for accession of the European Union; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature do hereby urge the Government of Turkey to uphold and safeguard religious and human rights without compromise, to grant the Ecumenical Patriarch appropriate international recognition, including ecclesiastic succession and the right to train clergy of all nationalities, and to respect the human rights and property rights of the Ecumenical Patriarchate, including cessation of discrimination; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, the United States Ambassador to the Republic of Turkey, the Ambassador of the Republic of Turkey to the United States and each member of the Nevada Congressional Delegation.
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Senate Concurrent Resolution No. 3Committee on Natural Resources
FILE NUMBER 67
Senate Concurrent RESOLUTION — Expressing disapproval of certain civil actions brought and maintained against the livestock industry and the Bureau of Land Management in Nevada.
Whereas, The Bureau of Land Management and various local ranchers in Nevada have been working cooperatively for several years concerning the issuance and renewal of grazing permits for grazing allotments in Nevada; and
Whereas, The Bureau of Land Management and those local ranchers have attempted through cooperative effort to improve range conditions by reducing or revising the amount of grazing that occurs each year on grazing allotments in Nevada and otherwise exercising exceptional stewardship practices and cooperation between the Bureau of Land Management and the local ranchers concerning those grazing allotments; and
κ2009 Statutes of Nevada, Page 3243 (FILE NUMBER 67, SCR 3)κ
Whereas, Despite that spirit of cooperation and mutual approach to solving problems, civil actions have been filed and maintained concerning final multiple use decisions made by the Bureau of Land Management for those grazing allotments; and
Whereas, Although it is important to ensure that all applicable laws and regulations are complied with concerning the management of public grazing lands in Nevada, it is also important to encourage a spirit of cooperation and mutual approach to solving problems for all persons involved in the livestock industry in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby expresses its disapproval of the civil actions brought and maintained against the livestock industry and the Bureau of Land Management in Nevada concerning final multiple use decisions made by the Bureau of Land Management for grazing allotments in Nevada for which significant cooperative efforts and grazing improvements have been made; and be it further
Resolved, That the Attorney General of the State of Nevada is hereby urged to take all available legal action in those civil actions to protect the interests of the State of Nevada in its rural communities and agricultural economy; 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 Attorney General 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.
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Senate Concurrent Resolution No. 16Senator Schneider
FILE NUMBER 68
Senate Concurrent RESOLUTION — Encouraging the Nevada Development Authority to create a revolving fund to help support certain types of businesses.
Whereas, Since its inception in 1956, the Nevada Development Authority has been working to attract, retain and expand the business base of Southern Nevada to enhance the overall socioeconomic development of the area; and
Whereas, This nonprofit organization is directly responsible for creating thousands of jobs for residents in Southern Nevada, and during the last fiscal year, it attracted 27 new companies to the community and collaborated with three others as they expanded, creating more than 1,400 jobs, with the area realizing an employee economic impact of nearly $216 million last year alone; and
Whereas, The medical, health care, biotechnological, bioindustrial and bioagricultural industries offer especially exciting opportunities and promising potential for growth for our State and Southern Nevada; now, therefore, be it
κ2009 Statutes of Nevada, Page 3244 (FILE NUMBER 68, SCR 16)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby encourage the Nevada Development Authority to create a revolving fund to be used to loan or grant money to businesses in the medical, health care, biotechnological, bioindustrial or bioagricultural industries after consideration of the economic benefits of the loans or grants, the economic viability of the businesses and the geographic dispersal of the businesses receiving the loans or grants; and be it further
Resolved, That the fund should be established to receive money from the Federal Government as well as any gifts or donations, with the Authority having the discretion to loan or grant the money and to require the repayment of money, if required by the Authority, on terms the Authority finds appropriate, including requirements for repayment of multiple times the initial loan or requirements for royalties to be paid to the fund; and be it further
Resolved, That agreements for loans or grants from the fund should provide that there is no requirement for the money to be repaid if any money from the fund is ever used for any purpose other than administering the fund or providing loans and grants as described in this resolution; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to A. Somer Hollingsworth, President and Chief Executive Officer of the Nevada Development Authority.
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Senate Concurrent Resolution No. 30Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 69
Senate Concurrent RESOLUTION — Commemorating the 90th anniversary of the Reno Rodeo.
Whereas, This year marks the 90th anniversary of the Reno Rodeo, the Wildest, Richest Rodeo in the West; and
Whereas, The Reno Rodeo is the third-largest regular season rodeo out of a field of hundreds held nationally each year, is the fourth-richest Professional Rodeo Cowboys Association tour rodeo and has garnered coverage on national television showcasing champion athletes in the sport of rodeo; and
κ2009 Statutes of Nevada, Page 3245 (FILE NUMBER 69, SCR 30)κ
Whereas, An economic force in Reno and Sparks, the Reno Rodeo draws an estimated 120,000 attendees, generating millions of dollars for lodging, gaming, dining and retail establishments; and
Whereas, The Reno Rodeo is a not-for-profit event, run by countless dedicated volunteers, with only two full-time staff members; and
Whereas, In addition to the exhilarating 10-day rodeo, the Reno Rodeo Parade, the Cattle Drive and the Chalk the Walk Streetpainting Festival provide excitement for diverse rodeo enthusiasts; and
Whereas, The Reno Rodeo Foundation is a not-for-profit organization that is considered the heart of the Reno Rodeo Association, having donated over $5.1 million dollars since 1986; and
Whereas, The Foundation serves northern Nevada children with exceptional needs and their families in a multitude of ways, provides community partnership grants and offers scholarships to the University of Nevada, Reno, and to veterinary programs; and
Whereas, The special license plate for the support of rodeos from the Department of Motor Vehicles and the Rhythm & Rawhide benefit concert with the Reno Philharmonic Association also create funding for the charitable programs of the Reno Rodeo Foundation; and
Whereas, The Reno Rodeo consistently delights the residents of northern Nevada with exhibitions of athleticism, pageantry and humor; and
Whereas, The Reno Rodeo provides a venue for the display and admiration of the fine livestock of this State and preserves part of the State of Nevadas cultural patrimony in the continuation of the rodeo tradition of the West; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature commemorate the 90th anniversary of the Reno Rodeo and salute the western tradition it upholds; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Gordon Cowan, President of the Reno Rodeo Association, and to John A. Solari, President of the Reno Rodeo Foundation Board of Trustees.
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κ2009 Statutes of Nevada, Page 3246κ
Senate Concurrent Resolution No. 31Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 70
Senate Concurrent RESOLUTION — Recognizing the month of May as Dandy-Walker Syndrome and Hydrocephalus Awareness Month.
Whereas, The Dandy-Walker Alliance, Inc., is the only national organization focusing on the promotion of the public good and support of education, informational activities and nonpartisan research that increases public awareness of the congenital birth defect known as Dandy-Walker Syndrome; and
Whereas, Dandy-Walker Syndrome is the most common congenital malformation of the cerebellum, and its causes are largely unknown; and
Whereas, Between 10,000 and 40,000 people in the United States have Dandy-Walker Syndrome; and
Whereas, The incidence of Dandy-Walker Syndrome is at least one case per every 25,000 to 35,000 live births, but this is likely a significant underestimate because of difficulties in diagnosing the syndrome, and it may affect as many as 1 in 5,000 liveborn infants; and
Whereas, Patients with Dandy-Walker Syndrome present with developmental delay, enlarged head circumference or signs and symptoms of hydrocephalus; and
Whereas, All Americans should learn about Dandy-Walker Syndrome and hydrocephalus and recognize the achievements of all Americans with disabilities, the important role that they have played throughout the entire history of the United States and the scientific, literary and social impact of Americans with disabilities in our world today; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature recognize the seriousness of Dandy-Walker Syndrome and express their support for continued research and for the promotion of increased public awareness and understanding of the syndrome; and be it further
Resolved, That the members of the Legislature hereby recognize the month of May as Dandy-Walker Syndrome and Hydrocephalus Awareness Month; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Dandy-Walker Alliance, Inc.
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κ2009 Statutes of Nevada, Page 3247κ
Senate Concurrent Resolution No. 32Senators Care; Amodei, Breeden, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Carpenter; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 71
Senate Concurrent RESOLUTION — Commending Frank W. Daykin, former Legislative Counsel and current Uniform Law Commissioner, for his public service.
Whereas, Frank W. Daykin was born October 28, 1920, in East Cleveland, Ohio, to Dr. F. W. Daykin and Maria K. Daykin, and began his education early in life while accompanying his father on patient house calls throughout the community and later attended East Cleveland public schools and Adelbert College, receiving a degree in mathematics and physics; and
Whereas, During World War II, Frank was commissioned a 2nd Lieutenant with the Army Signal Corps, where he was assigned to the first radio broadcast operating detachment with General George S. Pattons Western Task Force, landing in Morocco on November 8, 1942, and later as a Captain, served as a signal supply officer on the staff of the Seventh Army, landing in Southern France on August 15, 1944, and had reached the Bavarian Alps at the time of the German surrender on May 8, 1945; and
Whereas, After the war, Frank returned to East Cleveland where he earned his law degree in 1948 from the School of Law at Western Reserve University and practiced law while operating a farm before moving to Nevada; and
Whereas, During his distinguished legal career Frank became a member of both the Ohio and Nevada State Bar Associations and was additionally admitted to practice before the 6th, 9th and 10th Federal Circuit Courts as well as the United States Supreme Court; and
Whereas, Frank began his career at the Legislative Counsel Bureau in 1963 and retired from the position of Legislative Counsel in 1986; and
Whereas, As Legislative Counsel, Frank emphasized that the laws were made by the Legislators and, whether or not he personally opposed a particular law, he tried to write it precisely and impartially, and during his time as Legislative Counsel and for years thereafter, the term Daykinism was frequently heard in the legislative halls and committees to aptly describe his commitment to making the statutes consistent and grammatically correct; and
Whereas, Frank drafted many laws while serving the Nevada Legislature, including the law that allowed corporate ownership of casinos and the one man, one vote legislation which led to Clark County taking over the majority of the seats in the Legislature, and he also led the effort to amend the Nevada Constitution to include the southern tip of the State, including Clark County, in the boundaries of Nevada, correcting a bookkeeping oversight of 115 years; and
κ2009 Statutes of Nevada, Page 3248 (FILE NUMBER 71, SCR 32)κ
amend the Nevada Constitution to include the southern tip of the State, including Clark County, in the boundaries of Nevada, correcting a bookkeeping oversight of 115 years; and
Whereas, During his career as Legislative Counsel, Frank became a Uniform Law Commissioner representing Nevada on The National Conference of Commissioners on Uniform State Laws, and he continues to ably serve as one of Nevadas most distinguished Commissioners; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature commend Frank W. Daykin for his many years of continued devotion to public service.
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Senate Concurrent Resolution No. 33Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 72
Senate Concurrent RESOLUTION — Recognizing Nicholas Clayton Stevens as the 2008 Childrens Miracle Network Miracle Child for Nevada.
Whereas, Each year a child is selected from each state in the United States and each province and territory in Canada to bring attention to the 17 million children treated annually by Childrens Miracle Network hospitals for every disease and injury imaginable; and
Whereas, The Champions Across America program honors these remarkable children who have triumphed despite severe medical challenges, and the selected children act as ambassadors, meeting local and national leaders and participating in the national television production of the Childrens Miracle Network Celebration, an annual fundraising event; and
Whereas, Nicholas Clayton Stevens was chosen as the 2008 Childrens Miracle Network Miracle Child for Nevada; and
Whereas, Nicholas was born 10 weeks premature with esophageal atresia and tracheoesophageal fistula and spent his first 9 weeks in intensive care at Renown Regional Medical Center, the only Childrens Miracle Network hospital in Northern Nevada; and
κ2009 Statutes of Nevada, Page 3249 (FILE NUMBER 72, SCR 33)κ
Whereas, The condition results from the esophagus ending without connecting to the stomach and being attached to the trachea, leaving no way for food from the mouth to reach the stomach and allowing air into the stomach and liquids into the lungs; and
Whereas, Nicholas would vomit anytime he was lain down in a horizontal position, until surgery at 11 months corrected this problem and finally made it possible for Nicholas to sleep and have his diapers changed while lying down; and
Whereas, At 24 months of age, Nicholas was also diagnosed with cyclical vomiting syndrome, characterized by recurrent attacks of nausea, vomiting and exhaustion; and
Whereas, Having undergone 20 surgeries and more than 30 hospital admissions during his first 5 years of life, Nicky is now 11 years old but the size of a 7-year-old, and his favorite t-shirt has the slogan, Small but Mighty, summing him up well; and
Whereas, Well-mannered, compassionate and caring to all, Nicholas is also highly energetic, quite skilled in playing the piano and acoustic guitar, enjoys snow skiing, golfing, origami and martial arts and received his black belt in May 2008; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby recognize Nicholas Clayton Stevens as the 2008 Childrens Miracle Network Miracle Child for Nevada; and be it further
Resolved, That Renown Regional Medical Center selected Nicholas for this honor in light of the exceptional strength, courage and hope he has demonstrated; and be it further
Resolved, That in appreciation for all that has been done for millions of children like Nicholas, the residents of Nevada are urged to show their support for the Childrens Miracle Network and the nonprofit childrens hospitals that depend on communities to help fund the vital services they offer to brave children everywhere; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nicholas Clayton Stevens.
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κ2009 Statutes of Nevada, Page 3250κ
Senate Concurrent Resolution No. 34Senators Cegavske; Amodei, Breeden, Care, Carlton, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Goedhart; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 73
Senate Concurrent RESOLUTION — Memorializing veteran, visionary and community builder Robert A. Swadell.
Whereas, Where others saw obstacles, longtime Nevada resident and veteran Robert Swadell saw opportunities, and his pioneering vision continues to shape the communities of Henderson and Pahrump; and
Whereas, The son of a military chaplain, Robert was born on June 18, 1931, in Fort Bragg, California, and graduated from Balboa High School in Panama, the University of Nebraska at Omaha and the Armed Forces Staff College in Norfolk, Virginia; and
Whereas, After combat tours in Korea and Vietnam, he retired in 1972 as a lieutenant colonel but continued to work in communications and intelligence as a civilian; and
Whereas, Although this great Nevadans life and career took him to many places across the globe, Henderson became his home in 1975, where he began nearly three decades of public service and community building by serving on committees that oversaw the construction of the citys convention center, main administrative offices, emergency service headquarters and an animal shelter, and he was integral to the launch of the Lake Las Vegas project as well as the creation of the citys Veterans Memorial Wall; and
Whereas, Even before Robert moved to Pahrump in 2004 with his wife Mary, he had begun to unleash his community-building expertise on that burgeoning area by advocating safety improvements on the highway between Pahrump and Las Vegas as well as a boundary change with Clark County that ensured all of Pahrumps private land was located in Nye County; and
Whereas, His service to Pahrump included over 12 years of steadfast involvement in the towns push for a community college campus; and
Whereas, Robert was preceded in death by his brothers Carl and Eric, and is survived by his wife of 52 years, Mary, his sister Mary Rose Shelton and her husband George, sisters-in-law Loyd Beth and Joice, nieces Karen, Debbie, Laura and Sally, and nephews Steven, Carl Eric, David, Mark and Eric, as well as many grandnieces and grandnephews; and
Whereas, His legacy is recognized and revered by the communities he served, and the justice center on Water Street in Henderson graces his name; now, therefore, be it
κ2009 Statutes of Nevada, Page 3251 (FILE NUMBER 73, SCR 34)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby express their sorrow over Roberts passing on March 15, 2009, and their sincere condolences to the family and friends of Robert Swadell; and be it further
Resolved, That this honorable veteran will be remembered by all as a frontiersman who always saw potential and worked devotedly for the prosperity of his community and well-being of his neighbors; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Roberts wife Mary.
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Assembly Joint Resolution No. 10Assemblywoman Buckley
FILE NUMBER 74
Assembly Joint RESOLUTION — Urging Congress to enact legislation requiring the Secretary of the Interior to convey ownership of certain land to the State of Nevada for the development of projects for renewable energy.
Whereas, Each year, the United States relies heavily upon energy that is produced by using finite resources such as coal, natural gas and petroleum; and
Whereas, The cost of crude oil imported into the United States from foreign sources has been very unpredictable; and
Whereas, At its peak, the drastic increase in the cost of oil in 2008 created significant turmoil among citizens throughout the United States, many of whom found the cost to be too high to even drive to work; and
Whereas, That increased cost also had the effect of increasing the price of nearly all other products offered to consumers; and
Whereas, In 2007, approximately 72 quadrillion British thermal units of energy were produced in the United States; and
Whereas, Of that amount, approximately 9 percent was produced using renewable resources such as geothermal energy, solar and wind power and biomass; and
Whereas, In 2007, approximately 102 quadrillion British thermal units of energy were consumed in the United States, thereby creating an energy deficiency of approximately 30 percent; and
Whereas, During troubled economic times, it is more important than ever that the United States find stability in the cost of energy and have the opportunity to become the leader in the production of renewable energy; and
Whereas, Nevada has significant amounts of geothermal, solar and wind resources available for use in the production of renewable sources of energy, including the largest geothermal resources of any state; and
Whereas, Nevada has made a significant commitment to developing renewable resources by enacting NRS 704.7821, which requires that, by 2015, not less than 20 percent of the electricity sold by providers of electric service to retail customers in Nevada must be generated, acquired or saved using renewable energy systems or energy efficient measures; and
κ2009 Statutes of Nevada, Page 3252 (FILE NUMBER 74, AJR 10)κ
Whereas, President Obama has recognized the importance of developing sustainable renewable energy resources and the corresponding opportunity to create employment by including funding for states to develop these resources in the American Recovery and Reinvestment Act of 2009; and
Whereas, The unemployment rate in Nevada has become one of the highest in the country; and
Whereas, The development of projects for renewable energy in Nevada would stimulate the economy by providing a stable source of employment and revenue; and
Whereas, Much of the land in Nevada is managed or controlled by the Bureau of Land Management and may also be suitable for use in the development of projects for renewable energy in Nevada; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Congress is hereby urged to enact legislation requiring the Secretary of the Interior:
1. After considering any recommendations submitted by each appropriate governmental agency of the State of Nevada, to identify any parcels or other portions of land in Nevada which are managed or controlled by the Bureau of Land Management and which are suitable for the development of projects for renewable energy in Nevada; and
2. After identifying those parcels or portions of land, to convey ownership of those parcels or portions of land to the State of Nevada for the development of those projects; 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.
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Assembly Concurrent Resolution No. 32Assemblymen Buckley; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 75
Assembly Concurrent RESOLUTION — Urging Congress to provide financial assistance for the repair of the Truckee Canal.
Whereas, The Federal Reclamation Act, 32 Stat. 388, which was passed on June 17, 1902, authorized the Newlands Project, designed to irrigate thousands of acres in western-central Nevada by the construction of dams and distribution and drainage systems; and
κ2009 Statutes of Nevada, Page 3253 (FILE NUMBER 75, ACR 32)κ
Whereas, The Federal Government funded and built the original system and still holds title to the Newlands Project and its facilities; and
Whereas, The Truckee-Carson Irrigation District, chartered in 1918 to represent the water right holders within the boundaries of the Newlands Project, has operated and managed the Project since 1926 under contract with the Federal Government and generates the money necessary to pay for all operation and maintenance costs; and
Whereas, In spite of regular inspections, a break that was likely caused by burrowing rodents occurred in January 2008 in the Truckee Canal, a major distribution canal in the system, and the flooding that resulted from that break caused considerable damage to 580 homes in a housing development downstream which was declared a federal and state disaster area; and
Whereas, The Truckee Canal must be repaired to prevent future flooding and to restore the full flow of water because the court-ordered drastically reduced flow, which is well below capacity, is creating an artificial drought which places in jeopardy the welfare and livelihood of farmers, homeowners, Native American tribes, state and federal governmental entities, municipal and industrial interests, the military facility and wildlife within the boundaries of the Newlands Project; and
Whereas, A planned governmental or environmental study that would delay repairs for 3 to 5 years is not a viable option because the farmers cannot farm with years of reduced water delivery, nor can the cities of Fallon and Fernley and the surrounding areas continue to function efficiently without relief; and
Whereas, Because the Newlands Project is a federal reclamation project, the repair of the Canal should be the obligation of the Federal Government; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature hereby urge Congress to provide financial assistance for the repair of the Truckee Canal; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.
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Assembly Concurrent Resolution No. 19Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 76
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to conduct an interim study of the requirements for reapportionment and redistricting in the State of Nevada.
Whereas, The 76th Session of the Nevada Legislature will be required to reapportion and redistrict the election districts for the members of the Legislature, the members of the United States House of Representatives from the State of Nevada, the Board of Regents of the University of Nevada and the State Board of Education; and
κ2009 Statutes of Nevada, Page 3254 (FILE NUMBER 76, ACR 19)κ
from the State of Nevada, the Board of Regents of the University of Nevada and the State Board of Education; and
Whereas, The Bureau of the Census of the United States Department of Commerce is required to deliver redistricting data from the decennial census in 2010 to the states not later than April 1, 2011, when the Nevada Legislature will already be in session; and
Whereas, The amount of data from the census in 2010 and the necessity to accomplish reapportionment and redistricting in an expeditious manner during the 76th Session of the Nevada Legislature will require additional computer software and extensive preparation and testing to allow for the generation and analysis of proposals concerning reapportionment and redistricting; and
Whereas, The reapportionment and redistricting must comply with current case law and constitutional and statutory legal requirements; and
Whereas, The Nevada Legislature has been working with the Bureau of the Census on the Voting District/Block Boundary Suggestion Project and other programs in preparation for the census in 2010 and the process of reapportionment and redistricting; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to study the requirements for reapportionment and redistricting in this State in conjunction with the data from the decennial census of 2010; and be it further
Resolved, That the study include:
1. A continuing examination and monitoring of any redistricting systems established or recommended by the 75th Session of the Nevada Legislature, or to be established pursuant to any legislation enacted by the 75th Session of the Nevada Legislature, including the requirements for computer equipment, computer software and the training of personnel;
2. A review of the case law concerning planning for reapportionment and redistricting in other states;
3. A review of the programs concerning planning for reapportionment and redistricting in other states;
4. The continuation of the States participation in the programs of the Bureau of the Census; and
5. The participation in a program of the Bureau of the Census to increase the awareness of the general public concerning the census to ensure a complete and accurate count of all Nevadans in the year 2010; and be it further
Resolved, That the Legislative Commission may enter into contracts or other necessary agreements to establish and test reapportionment and redistricting programs and computer equipment to provide for the timely and efficient commencement of data processing for reapportionment and redistricting before the Legislature convenes in 2011; and be it further
Resolved, That no action may be taken by the interim study committee on recommended legislation unless it receives a majority vote of the Assemblymen on the committee and a majority vote of the Senators on the committee; and be it further
Resolved, That the Legislative Commission report to the 76th Session of the Nevada Legislature the results of the study and any action taken in preparation for and any recommendations concerning reapportionment and redistricting.
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κ2009 Statutes of Nevada, Page 3255κ
Senate Concurrent Resolution No. 5Committee on Natural Resources
FILE NUMBER 77
Senate Concurrent RESOLUTION — Commending the Wildfire Support Group in Humboldt County and encouraging the expansion of the model to other areas of this State.
Whereas, The State of Nevada continues to rank as one of the states most affected by wildfire in this country, and as this cycle continues to be repeated year after year, it becomes clear that relying solely on rapid response and the ability of firefighters to suppress these fires cannot adequately address the threat, especially in the rural areas of this State; and
Whereas, Wildlife habitats, grazing lands, watersheds and scenic resources are vulnerable, and according to a recent assessment, almost a quarter of the communities evaluated in Nevada were ranked as having a high or extreme hazard of wildfire; and
Whereas, Local ranchers in Humboldt County proposed the idea of assisting the Winnemucca Field Office of the Bureau of Land Management in response to a particularly destructive fire season in 1999, which had caused sizeable resource damage and exceedingly high losses to the areas ranching industry; and
Whereas, The initial concept eventually became the Wildfire Support Group, composed of ranchers in Humboldt County who have been trained in basic wildland fire suppression, in cooperation with the Bureau of Land Management, to provide additional resources for initial attack on wildfires; and
Whereas, Members of the Wildfire Support Group are often the first on the scene of a wildfire, providing invaluable assistance in improving the ability of the Bureau of Land Management to locate, reach and subdue wildfires in remote areas and saving valuable time and resources for local land management agencies and fire departments; and
Whereas, In addition to assisting local governments in using their personnel and resources more effectively in response to wildfires, the Wildfire Support Group assists in efforts to preemptively reduce the risk of such hazards by reducing the amount of fuels present on public lands by means of fuels management grazing plans; and
Whereas, Constructed on a cost-share basis with the Bureau of Land Management, the Wildfire Support Groups grazing projects simultaneously benefit ranchers livestock operations and reduce hazardous fuel loads in the wildland-urban interface; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That members of the 75th Nevada Legislature hereby commend the actions of the Wildfire Support Group and recognize that the Wildfire Support Group serves as an exemplary model of local residents cooperating with governmental entities and working to improve their community; and be it further
Resolved, That the Legislature hereby encourages residents and governmental entities in other areas of this State to adopt similar models; and be it further
κ2009 Statutes of Nevada, Page 3256 (FILE NUMBER 77, SCR 5)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Wildfire Support Group, the Board of County Commissioners of Humboldt County, the Winnemucca Field Office of the Bureau of Land Management and the State Director of the Bureau of Land Management in Nevada.
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Senate Concurrent Resolution No. 6Senator Amodei
FILE NUMBER 78
SENATE CONCURRENT RESOLUTION — Urging the counties in this State to map and document certain county roads to preserve certain rights-of-way granted by Congress over public lands in Nevada.
Whereas, Many rights-of-way that cross public lands administered by the Federal Government were granted by Congress pursuant to section 8 of the Act of July 26, 1866, 14 Stat. 253, formerly codified as section 2477 of the Revised Statutes of the United States, 43 U.S.C. § 932; and
Whereas, Although the provisions of section 2477 were repealed by the enactment of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701 et seq., Congress explicitly recognized the continued validity of such rights-of-way in § 701(a) of the Federal Land Policy and Management Act of 1976; and
Whereas, Certain administrative and policy decisions of the Bureau of Land Management and the United States Forest Service may threaten the validity of such rights-of-way; and
Whereas, NRS 405.191 authorizes each board of county commissioners to locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads or highways; and
Whereas, NRS 403.170 requires the board of county highway commissioners in each county to classify the county roads in the county as main county roads, general county roads or minor county roads; and
Whereas, NRS 403.190 requires the board of county highway commissioners in each county to map the county roads, excluding minor county roads, and to file the maps with various entities, including the Nevada Department of Transportation; and
Whereas, Many of the minor county roads should be mapped and documented in order to preserve the existing rights-of-way over those roads; and
Whereas, Without such mapping and documentation of the minor county roads, valid claims of rights-of-way acquired by the public may fail in the course of future federal action and result in road closures that may have a negative impact on the counties; and
Whereas, The economic well-being of this State and its counties is inextricably linked to the multiple uses of the public lands of this State, relying upon such lands for mining and mineral development, livestock grazing, renewable and alternative energy resources, tourism and recreation and other uses; and
κ2009 Statutes of Nevada, Page 3257 (FILE NUMBER 78, SCR 6)κ
Whereas, To ensure that economic opportunities throughout this State and its counties are not lost by the potential closures of minor county roads, the Nevada Legislature recognizes the value of and the need for mapping and documenting such roads; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby urge counties in this State to map and document all county roads over which rights-of-way were acquired before the enactment of the Federal Land Policy and Management Act of 1976; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby request that the Nevada Department of Transportation post on its Internet website a list of potential resources that may be available to assist counties in performing such mapping and documentation, including a list of maps that the Department has in its archives which depict county roads that existed within this State before the enactment of the Federal Land Policy and Management Act of 1976; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the board of county commissioners and the board of county highway commissioners of each county in this State.
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Assembly Concurrent Resolution No. 33Assemblymen Anderson; Aizley, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 79
Assembly Concurrent RESOLUTION — Memorializing the former Director of the Legislative Counsel Bureau, Arthur J. Palmer.
Whereas, The members of the Nevada Legislature were deeply saddened to learn of the recent passing of Arthur Art Judson Palmer, Jr., former Director of the Legislative Counsel Bureau, on February 14, 2009; and
Whereas, Born in New Jersey on December 10, 1919, Art Palmer drove to Reno in 1939, in his air-cooled Franklin, to attend the University of Nevada where he received his bachelor of science degree from the College of Agriculture in 1943 and later, his master of arts degree in political geography from Columbia University in New York in 1950; and
κ2009 Statutes of Nevada, Page 3258 (FILE NUMBER 79, ACR 33)κ
Whereas, Art Palmer worked for the Legislative Counsel Bureau under contract as early as 1948 and began full-time work with the Bureau on December 30, 1960, serving as Research Assistant, then Research Director and eventually as Director of the Legislative Counsel Bureau from March 1, 1972, until his retirement on October 30, 1984; and
Whereas, Under the leadership of Arthur J. Palmer, the Legislative Counsel Bureau was modernized into five independent divisions, which continue to the present as the Administrative, Audit, Fiscal Analysis, Legal and Research Divisions, and through the hiring of top-quality attorneys, auditors, fiscal and research analysts, and support staff, the Legislative Counsel Bureau became known as the consummate professional and independent agency for the Legislative Branch of Nevada State Government; and
Whereas, Art Palmer understood the benefits of affiliating with other state legislatures through the Council of State Governments and the National Conference of State Legislatures, serving with distinction on NCSLs Staff Committee, Executive Committee and Nominating Committee and as Staff Vice President, and he received the 1994 John Everhardt Trooper Award and the 1998 Legislative Staff Achievement Award; and
Whereas, Arthur Judson Palmer was married in 1940 to Alison Mae Cady, an exceptional elementary school teacher who taught in a number of Nevada communities, and together they traveled throughout the United States and abroad and were happily married for 68 years until Alisons passing on June 22, 2008; and
Whereas, The many years of love, dedication and devotion that Art Palmer demonstrated to his wife, family and friends, as well as the many years dedicated to public service, the State of Nevada and the Nevada Legislature, are hereby commended, honored and shall forever be remembered; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature hereby recognize Arthur J. Palmer for his many years of contributions and service to this State and offer their deepest condolences to his family; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Art and Alisons beloved daughter Cherie Garrison, her husband Bob and granddaughter Kristin Lieby.
________
κ2009 Statutes of Nevada, Page 3259κ
Senate Joint Resolution No. 1Senator Parks
FILE NUMBER 80
SENATE JOINT RESOLUTION — Proposing to amend the Nevada Constitution to replace the State Board of Pardons Commissioners with the Clemency Board and to require the Legislature to provide for the organization and duties of the Clemency Board.
Legislative Counsels Digest:
Under the Nevada Constitution and existing law, the State Board of Pardons Commissioners consists of the Governor, the justices of the Supreme Court and the Attorney General. (Nev. Const. Art. 5, § 14; NRS 213.010)
This joint resolution proposes to amend the Nevada Constitution to: (1) replace the State Board of Pardons Commissioners with the Clemency Board consisting of nine members appointed by the Governor, the Chief Justice of the Supreme Court and the Attorney General to carry out the duties currently carried out by the State Board of Pardons Commissioners; (2) provide that at least five members appointed to the Clemency Board must have experience working in the criminal justice system; (3) require the Legislature to provide for the organization and duties of the Clemency Board; and (4) require the Clemency Board to meet at least quarterly. (Nev. Const. Art. 5, § 14)
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 14 of Article 5 of the Nevada Constitution be amended to read as follows:
Sec. 14. 1. [The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one,] There is hereby created a Clemency Board.
2. The Clemency Board consists of nine members, at least five of whom must have experience working in the criminal justice system. The Governor, the Chief Justice of the Supreme Court and the Attorney General shall each appoint three members to the Clemency Board. The legislature shall provide by law for:
(a) The organization of the Clemency Board, including, without limitation, the qualifications and terms of the members of the Clemency Board; and
(b) The duties of the Clemency Board and its members.
3. The Clemency Board may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, except as provided in subsection [2,] 4, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
[2.] 4. Except as may be provided by law, a sentence of death or a sentence of life imprisonment without possibility of parole may not be commuted to a sentence which would allow parole.
[3.] 5. The Clemency Board shall meet at least quarterly.
κ2009 Statutes of Nevada, Page 3260 (FILE NUMBER 80, SJR 1)κ
6. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
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Senate Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 81
Senate RESOLUTION — Amending Senate Standing Rule Nos. 68 and 115 for the 75th Session of the Legislature to allow the Senate to vote on a motion to reconsider the vote on a bill or resolution on the same day the motion is made.
Resolved by the Senate of the State of Nevada, That Rule Nos. 68 and 115 of the Standing Rules of the Senate as adopted by the 75th Session of the Legislature are hereby amended to read as follows:
Rule No. 68. To Reconsider — Precedence of.
1. A motion to reconsider has precedence over every other motion, including a motion to adjourn if the motion is to reconsider a final vote on a bill or resolution. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken and the vote on such a motion to reconsider must be taken on the same day.
2. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.
[2. No notice of reconsideration of any final vote is in order on the day preceding the last day of the session.]
Rule No. 115. Reconsideration of Vote on Bill.
1. [On the day after the final vote on any bill, the] A vote may be reconsidered on motion of any member . [if notice of intention to move for reconsideration was given on the day the final vote was taken by a Senator who voted on the prevailing side. No motion to reconsider is in order on the day the final vote was taken, except by unanimous consent.]
2. Motions to reconsider a vote upon amendments to any pending question and upon a final vote on a bill or resolution may be made and decided at once.
________
κ2009 Statutes of Nevada, Page 3261κ
Senate Resolution No. 10Committee on Legislative Operations and Elections
FILE NUMBER 82
Senate RESOLUTION — Expressing and explaining the public policy governing Rule No. 23 of the Standing Rules of the Senate for the 75th Session of the Legislature.
Whereas, It is a well-established principle of parliamentary practice that every member of the Legislature has a duty to vote unless prohibited or excused by the rules of the House (Masons Manual of Legislative Procedure §§ 521 & 522 (2000) (Masons Manual); Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 1789-91 (1856) (Cushings Legislative Assemblies )); and
Whereas, Rule No. 23 of the Standing Rules of the Senate for the 75th Session of the Legislature provides that in determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by his acceptance of a gift or loan, his private economic interest or his commitment to a member of his household or his immediate family; and
Whereas, Rule No. 23 provides that if a Legislator knows he has a conflict of interest, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable; and
Whereas, Rule No. 23 provides that in determining whether to abstain from voting upon or advocating or opposing a matter concerning which a Legislator has a conflict of interest, the Legislator should consider whether the conflict impedes his independence of judgment and whether his interest is greater than the interests of an entire class of persons similarly situated; and
Whereas, Rule No. 23 must be interpreted and applied in light of well-established principles of parliamentary practice that have been shaped, developed and followed by national and state legislatures for hundreds of years; and
Whereas, Rule No. 90 of the Standing Rules of the Senate for the 75th Session of the Legislature provides that [t]he rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly; and
Whereas, Section 522 of Masons Manual provides that [t]he right of members to represent their constituencies is of such major importance that members should be barred from voting on matters of direct personal interest only in clear cases and when the matter is particularly personal; and
Whereas, Section 1791 of Cushings Legislative Assemblies provides that [i]nterest in a question pending in the house, is good cause for disallowing a vote; but such an interest must be a direct pecuniary interest, belonging to a separate description of individuals, and not such as also belongs to all the citizens, arising out of any measure of state policy; and
κ2009 Statutes of Nevada, Page 3262 (FILE NUMBER 82, SR 10)κ
Whereas, Section 1791 of Cushings Legislative Assemblies further provides that disqualification to vote generally applies only to private bills, or bills relating to individuals, such as estate bills, inclosure bills, canals, joint-stock companies, etc., wherein only the individual profit or loss is concerned . . . but does not apply to questions of interest arising out of public measures, such as tax bills, colonial regulations, domestic trades, and the like; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the fundamental purpose of representative government in this State is to elect citizen Legislators who will advocate and vote on behalf of their constituents so that those constituents are fully represented in the peoples branch of government and their voices are effectively heard regarding the most critical legislative measures that affect both the general welfare of this State and their everyday lives; and be it further
Resolved, That there are legislative measures of immense statewide importance, such as bills raising revenue and bills approving the budget of the State Government, which globally impact all citizens of this State because such measures set the fiscal, economic and social priorities of this State and thereby influence and affect every aspect of our society; and be it further
Resolved, That the public policy of this State favors the right of citizen Legislators to perform the duties for which they were elected and to vote or otherwise act upon a matter, provided they have properly disclosed any conflicts of interest; and be it further
Resolved, That because abstention by a Legislator disrupts the normal course of representative government and deprives the public and the Legislators constituents of a voice in the most important governmental affairs, Rule No. 23 is intended to require abstention only in clear cases and when the matter is particularly personal; and be it further
Resolved, That Rule No. 23 does not require any member of the Senate to abstain from voting upon or advocating or opposing legislative measures of immense statewide importance which globally impact all citizens of this State because, in such cases, the very nature of such legislative measures presumptively makes the interests of every member of the Senate no greater than the interests of every other citizen of this State, and therefore, the independence of judgment of members is not impeded by those interests and they are not required to abstain; and be it further
Resolved, That during the 75th Session of the Legislature, the legislative measures of immense statewide importance which globally impact all citizens of this State include the General Appropriations Act, the Authorized Expenditures Act, the Unclassified Pay Act, the State Distributive School Account Act and any legislative measures that increase various taxes and revenue sources necessary to fund the State Budget, such as Senate Bill No. 429; and be it further
Resolved, That this resolution shall be entered upon the Journal of the Senate.
________
κ2009 Statutes of Nevada, Page 3263κ
Senate Joint Resolution No. 2Committee on Natural Resources
FILE NUMBER 83
Senate Joint RESOLUTION — Urging the Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas.
Legislative Counsels Digest:
Federal law provides for the establishment of wilderness areas and wilderness study areas on public lands. This resolution urges the Nevada Congressional Delegation and Congress: (1) to comply with the definitions and requirements found in the Wilderness Act, 16 U.S.C. §§ 1131 et seq., before approving new wilderness areas; (2) to seek the release of wilderness study areas that have been determined by the Bureau of Land Management of the United States Department of the Interior not to meet the requirements for such a designation; and (3) to support the establishment of a schedule for the timely release of wilderness study areas that are found unsuitable for designation as wilderness areas.
Whereas, The provisions of 16 U.S.C. §§ 1131 et seq., commonly referred to as the Wilderness Act, establish the National Wilderness Preservation System, which consists of areas of federal public lands that are designated by Congress as wilderness areas; and
Whereas, The Wilderness Act includes specific definitions and requirements for designating public lands as wilderness areas; and
Whereas, The provisions of the Wilderness Act and the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701 et seq., provide for the study of certain areas of land to determine whether those areas, commonly known as wilderness study areas, are suitable for designation as wilderness areas; and
Whereas, In accordance with the provisions of the Wilderness Act and the Federal Land Policy and Management Act, the Bureau of Land Management of the United States Department of the Interior, in the late 1970s, conducted an initial inventory of approximately 49 million acres of public lands in Nevada to determine the suitability of those lands for designation as wilderness areas or identification as wilderness study areas and, in 1980, recommended that approximately 5.1 million acres of those lands be identified as wilderness study areas; and
Whereas, Although many of the areas that were not appropriate for designation as wilderness areas or identification as wilderness study areas have been released for multiple use under the Federal Land Policy and Management Act, the Bureau of Land Management continues to manage approximately 2.55 million acres of public lands in Nevada identified as wilderness study areas; and
Whereas, The residents of this State rely on the use of federal lands for mining, livestock grazing and recreation, and wilderness designations raise concerns regarding access to and use of public lands for economic development, fire suppression and recreation; and
Whereas, Decisions concerning whether to designate wilderness study areas as wilderness areas or to release those areas for multiple use are important and must be made in a timely manner and without any unnecessary delays so that those lands which are suitable for designation as wilderness areas may be afforded full protection as wilderness areas, and those lands which are not suitable for designation as wilderness areas may be released for use and management for the public good in accordance with law; now, therefore, be it
κ2009 Statutes of Nevada, Page 3264 (FILE NUMBER 83, SJR 2)κ
which are not suitable for designation as wilderness areas may be released for use and management for the public good in accordance with law; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature urge the Nevada Congressional Delegation and Congress:
1. To comply fully with the definitions and requirements found in the Wilderness Act in determining whether to designate public lands as wilderness areas or identify public lands as wilderness study areas;
2. To seek the release of wilderness study areas that have been determined by the Bureau of Land Management not to meet the requirements for designation as wilderness areas; and
3. To support the establishment of a schedule for the timely release of wilderness study areas that do not meet the requirements for designation as wilderness areas; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States 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.
________
Senate Joint Resolution No. 3Senator Horsford
Joint Sponsor: Assemblywoman Kirkpatrick
FILE NUMBER 84
Senate Joint RESOLUTION — Urging the Federal Aviation Administration and the Clark County Department of Aviation to convene a stakeholders group to develop and make recommendations to improve flight safety standards at the North Las Vegas Airport, particularly with respect to experimental homebuilt aircraft.
Legislative Counsels Digest:
Federal law provides that the United States Government has exclusive sovereignty of airspace of the United States and requires the Administrator of the Federal Aviation Administration to prescribe regulations on the flight of aircraft to prevent collisions between aircraft and to protect persons and property on the ground. (49 U.S.C. § 40103) This resolution urges the Federal Aviation Administration to work closely with the Clark County Department of Aviation to convene a stakeholders group to develop and make recommendations to improve flight safety standards at the North Las Vegas Airport, particularly with respect to experimental homebuilt aircraft.
Whereas, The expansion of urban areas in Clark County increasingly places homes and neighborhoods directly in the flight paths of aircraft flying to and from the North Las Vegas Airport; and
Whereas, Flights of experimental homebuilt aircraft to and from the North Las Vegas Airport are increasingly common; and
κ2009 Statutes of Nevada, Page 3265 (FILE NUMBER 84, SJR 3)κ
Whereas, Experimental homebuilt aircraft have higher accident rates than other types of aircraft and accounted for more than 12 percent of airplane accidents nationwide in 2007; and
Whereas, Experimental homebuilt aircraft have been involved in nine accidents at airports within the Clark County airport system since 2003, three of which were at the North Las Vegas Airport; and
Whereas, A crash involving an experimental homebuilt aircraft flying from the North Las Vegas Airport resulted in the deaths of two persons on the ground in 2008; and
Whereas, The Federal Aviation Administration sets standards for the number of hours experimental homebuilt aircraft must be tested before such aircraft can be operated at airports such as the North Las Vegas Airport; and
Whereas, Some of the experimental homebuilt aircraft operated at the North Las Vegas Airport may have been operated without having met those national standards; and
Whereas, The safety of persons who live near the North Las Vegas Airport is of the highest concern to the people of this State; and
Whereas, The Clark County Department of Aviation cannot regulate the flights of experimental homebuilt aircraft to and from the North Las Vegas Airport because federal law provides the United States Government with exclusive sovereignty of airspace in the United States; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature expresses serious concerns regarding the current flight safety practices at the North Las Vegas Airport; and be it further
Resolved, That the Nevada Legislature urges the Federal Aviation Administration to work closely with the Clark County Department of Aviation and the entire aviation community in Clark County to convene not later than June 1, 2009, a stakeholders group, which must include, without limitation:
1. A representative from the Federal Aviation Administration;
2. A representative of the Clark County Department of Aviation;
3. A representative of the Clark County Aviation Association;
4. A representative of the City of North Las Vegas;
5. A representative of the Aircraft Owners and Pilots Association;
6. Residents of neighborhoods surrounding the North Las Vegas Airport; and
7. Tenants of the North Las Vegas Airport; and be it further
Resolved, That the stakeholders group shall, on or before August 1, 2009, issue its preliminary analysis of the concerns regarding the current flight safety practices at the North Las Vegas Airport; and be it further
Resolved, That the stakeholders group shall, on or before November 1, 2009, develop and make recommendations to improve flight safety standards at the North Las Vegas Airport, particularly with respect to experimental homebuilt aircraft, for submission to the appropriate entities for consideration and to the Legislative Commission; and be it further
Resolved, That the Nevada Legislature urges the Nevada Congressional Delegation to use its best efforts to encourage the Federal Aviation Administration to participate in this endeavor; and be it further
κ2009 Statutes of Nevada, Page 3266 (FILE NUMBER 84, SJR 3)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the Federal Aviation Administration, the Board of County Commissioners of Clark County, the Director of the Clark County Department of Aviation, the North Las Vegas City Council and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Joint Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 85
Senate Joint RESOLUTION — Urging Congress to fund fully and protect the future of the Medicare program.
Legislative Counsels Digest:
This resolution sets forth the financial difficulties that the Medicare system is currently facing because of the way it is funded, including the expected depletion of the trust fund which pays for hospital and nursing home care by 2019, and urges Congress to fund fully and protect the future of the Medicare program.
Whereas, Since its creation in 1965, the Medicare program has provided health insurance to persons 65 years of age or older and certain persons with disabilities; and
Whereas, More than 43 million people are currently covered by the Medicare program; and
Whereas, The financial resources of the Medicare program are expected to come under greater pressure as the estimated 78 million people between the ages of 45 and 64, commonly known as the Baby Boomers, begin to draw benefits in the next few years; and
Whereas, Medicare is currently funded by payroll taxes, general taxes, Medicare premiums and copayments; and
Whereas, The point at which Medicare begins to pay out more in benefits than it collects in payroll taxes is expected to be reached this year; and
Whereas, The reserves in the Medicare trust fund which pay for hospital and nursing home care are expected to be depleted by 2019; and
Whereas, If Medicare becomes bankrupt, providing for the needs of persons left without health care would place an undue burden on the State of Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 75th Session of the Nevada Legislature hereby urge Congress to address the depletion of Medicare resources and to fund fully and protect the future of the Medicare program; and be it further
κ2009 Statutes of Nevada, Page 3267 (FILE NUMBER 85, SJR 4)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as presiding officer of the United States Senate, the Speaker of the House of Representatives, the Secretary of the United States Department 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.
________
Senate Joint Resolution No. 9Senator Schneider
FILE NUMBER 86
Senate Joint RESOLUTION — Urging Congress to revise certain provisions of federal law relating to hybrid vehicles.
Whereas, Congress enacted the Energy Policy Act of 1992 in part to address Americas dependence on foreign oil and to advance clean air initiatives by requiring governmental vehicle fleets to use certain alternative fuels in place of gasoline and diesel; and
Whereas, Congress revised the Energy Policy Act in 2005 to further advance these same goals; and
Whereas, Studies have shown that existing efforts to clean Americas air have already resulted in improved health and life spans for the nations citizens; and
Whereas, When the Energy Policy Act of 1992 was enacted, hybrid electric vehicle technology was still in the early stages of development; and
Whereas, Under the Energy Policy Act of 2005, hybrid electric vehicles were only allowed to satisfy fleet requirements under certain limited conditions and were subject to burdensome reporting standards; and
Whereas, In the years since the enactment of the original Energy Policy Act, hybrid electric vehicles have emerged as mainstream transportation with significantly lower emissions, including those implicated in global warming, and have reduced fuel consumption, thus advancing Congresss intent in enacting the Energy Policy Acts; and
Whereas, The automobile industry produces only a limited number of alternative fuel vehicles, Honda being the sole manufacturer with a compressed natural gas vehicle; and
Whereas, The alternative fuel supply infrastructure is still slowly developing, and most fuels have some limitation on their availability, such that E85, the term for an alternative fuel blend of 85 percent ethanol and just 15 percent gasoline, is readily available only in the Midwest, while propane is largely limited to light trucks, biodiesel is still in its infancy, there are no vehicles capable of using methanol and all-electric vehicles remain scarce; and
Whereas, While some parties oppose inclusion of hybrids under the Energy Policy Act because they use gasoline, a recent study by the United States Government Accountability Office showed that 92 percent of the federal alternative fuel fleet actually runs on standard gasoline; and
κ2009 Statutes of Nevada, Page 3268 (FILE NUMBER 86, SJR 9)κ
Whereas, Flex-fuel vehicles tend to be bigger and less fuel-efficient, leading one official from the Government Accountability Office to conclude that federal fleet operators would have been better off if they had just purchased regular vehicles that were more fuel efficient; and
Whereas, Given this recognized exception to achieving the goals of the Energy Policy Act, hybrid technology should be embraced as a more practical way to reduce emissions, lessen the use of foreign oil and save public money, the latter result being of particular importance in these stressful economic times; and
Whereas, These vehicles have been well received by both public and private users, and greater use of hybrids in public fleets will help government lead by example in this important area; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature urges the Congress of the United States to enact legislation authorizing hybrid electric vehicles to fully qualify for compliance under the Energy Policy Act; 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 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.
________
Senate Joint Resolution No. 2 of the 74th SessionSenators Raggio, Hardy, Care, Coffin, Carlton, Amodei, Mathews, Nolan, Titus and Townsend
FILE NUMBER 87
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.
κ2009 Statutes of Nevada, Page 3269 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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.
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.
κ2009 Statutes of Nevada, Page 3270 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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.
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
κ2009 Statutes of Nevada, Page 3271 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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. 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.
κ2009 Statutes of Nevada, Page 3272 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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 [.] 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.
κ2009 Statutes of Nevada, Page 3273 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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.
[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.
κ2009 Statutes of Nevada, Page 3274 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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.
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.
κ2009 Statutes of Nevada, Page 3275 (FILE NUMBER 87, SJR 2 of the 74th Session)κ
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.
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.
________
κ2009 Statutes of Nevada, Page 3276κ
Assembly Resolution No. 10Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 88
Assembly RESOLUTION — Expressing and explaining the public policy governing Rule No. 23 of the Standing Rules of the Assembly for the 75th Session of the Legislature.
Whereas, It is a well-established principle of parliamentary practice that every member of the Legislature has a duty to vote unless prohibited or excused by the rules of the House (Masons Manual of Legislative Procedure §§ 521 & 522 (2000) (Masons Manual); Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 1789-91 (1856) (Cushings Legislative Assemblies )); and
Whereas, Rule No. 23 of the Standing Rules of the Assembly for the 75th Session of the Legislature provides that in determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by his acceptance of a gift or loan, his private economic interest or his commitment to a member of his household or his immediate family; and
Whereas, Rule No. 23 provides that if a Legislator knows he has a conflict of interest, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, as applicable; and
Whereas, Rule No. 23 provides that in determining whether to abstain from voting upon or advocating or opposing a matter concerning which a Legislator has a conflict of interest, the Legislator should consider whether the conflict impedes his independence of judgment and whether his interest is greater than the interests of an entire class of persons similarly situated; and
Whereas, Rule No. 23 must be interpreted and applied in light of well-established principles of parliamentary practice that have been shaped, developed and followed by national and state legislatures for hundreds of years; and
Whereas, Rule No. 100 of the Standing Rules of the Assembly for the 75th Session of the Legislature provides that sources of parliamentary authority in the Assembly include Masons Manual of Legislative Procedure; and
Whereas, Section 522 of Masons Manual provides that [t]he right of members to represent their constituencies is of such major importance that members should be barred from voting on matters of direct personal interest only in clear cases and when the matter is particularly personal; and
Whereas, Section 1791 of Cushings Legislative Assemblies provides that [i]nterest in a question pending in the house, is good cause for disallowing a vote; but such an interest must be a direct pecuniary interest, belonging to a separate description of individuals, and not such as also belongs to all the citizens, arising out of any measure of state policy; and
κ2009 Statutes of Nevada, Page 3277 (FILE NUMBER 88, AR 10)κ
Whereas, Section 1791 of Cushings Legislative Assemblies further provides that disqualification to vote generally applies only to private bills, or bills relating to individuals, such as estate bills, inclosure bills, canals, joint-stock companies, etc., wherein only the individual profit or loss is concerned . . . but does not apply to questions of interest arising out of public measures, such as tax bills, colonial regulations, domestic trades, and the like; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the fundamental purpose of representative government in this State is to elect citizen Legislators who will advocate and vote on behalf of their constituents so that those constituents are fully represented in the peoples branch of government and their voices are effectively heard regarding the most critical legislative measures that affect both the general welfare of this State and their everyday lives; and be it further
Resolved, That there are legislative measures of immense statewide importance, such as bills raising revenue and bills approving the budget of the State Government, which globally impact all citizens of this State because such measures set the fiscal, economic and social priorities of this State and thereby influence and affect every aspect of our society; and be it further
Resolved, That the public policy of this State favors the right of citizen Legislators to perform the duties for which they were elected and to vote or otherwise act upon a matter, provided they have properly disclosed any conflicts of interest; and be it further
Resolved, That because abstention by a Legislator disrupts the normal course of representative government and deprives the public and the Legislators constituents of a voice in the most important governmental affairs, Rule No. 23 is intended to require abstention only in clear cases and when the matter is particularly personal; and be it further
Resolved, That Rule No. 23 does not require any member of the Assembly to abstain from voting upon or advocating or opposing legislative measures of immense statewide importance which globally impact all citizens of this State because, in such cases, the very nature of such legislative measures presumptively makes the interests of every member of the Assembly no greater than the interests of every other citizen of this State, and therefore, the independence of judgment of members is not impeded by those interests and they are not required to abstain; and be it further
Resolved, That during the 75th Session of the Legislature, the legislative measures of immense statewide importance which globally impact all citizens of this State include the General Appropriations Act, the Authorized Expenditures Act, the Unclassified Pay Act, the State Distributive School Account Act and any legislative measures that increase various taxes and revenue sources necessary to fund the State Budget, such as Senate Bill No. 429; and be it further
Resolved, That this resolution shall be entered upon the Journal of the Assembly.
________
κ2009 Statutes of Nevada, Page 3278κ
Assembly Concurrent Resolution No. 2Committee on Education
FILE NUMBER 89
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to conduct an interim study concerning the governance and oversight of the system of K-12 public education in this State.
Whereas, An effective system of public education depends upon an effective and efficient system of state governance and oversight; and
Whereas, Nevadas current structure of governance and oversight for the system of public education consists of:
1. The Department of Education, which includes the State Board of Education, the State Board for Career and Technical Education and the Superintendent of Public Instruction;
2. The Commission on Professional Standards in Education;
3. The Commission on Educational Technology;
4. The regional training programs for the professional development of teachers and administrators, the Statewide Council for the Coordination of the Regional Training Programs and the governing bodies of the regional training programs;
5. The Council to Establish Academic Standards for Public Schools;
6. The Commission on Educational Excellence; and
7. The Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation; and
Whereas, The Nevada Legislature hereby recognizes the need for a review and evaluation of the current structure of governance for the system of K-12 public education to ensure that the structure of governance is organized in a manner which provides for efficient operation and which meets the educational needs of the residents of this State; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a committee composed of three members of the Senate and three members of the Assembly, one of whom must be appointed as Chairman of the committee, to conduct an interim study of the system of K-12 public education in this State, including the current governance and oversight structure of the system; and be it further
Resolved, That the committee shall recommend such action as may be necessary for the efficient and effective operation of the governance and oversight structure of the system of K-12 public education in this State to ensure the steady progression of Nevadas public schools and the achievement of Nevadas pupils; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.
________
κ2009 Statutes of Nevada, Page 3279κ
Assembly Resolution No. 11Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 90
Assembly RESOLUTION — Amending Assembly Standing Rule Nos. 68 and 115 for the 75th Session of the Legislature to allow the Assembly to vote on a motion to reconsider the vote on a bill or resolution on the same day the motion is made.
Resolved by the Assembly of the State of Nevada, That Rule Nos. 68 and 115 of the Standing Rules of the Assembly as adopted by the 75th Session of the Legislature are hereby amended to read as follows:
Rule No. 68. To Reconsider — Precedence of.
1. A motion to reconsider shall have precedence over every other motion, including a motion to adjourn if the motion is to reconsider a final vote on a bill or resolution. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken and the vote on such a motion to reconsider must be taken on the same day.
2. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of business of Motions, Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting. [No notice of reconsideration of any final vote shall be in order on the:
1. Last day on which final action is allowed; or
2. Day preceding the last day of the session.]
Rule No. 115. Reconsideration of Vote on Bill.
[On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a] A vote may be reconsidered on the motion of any member. [Notice of intention to move such reconsideration must be given on the day on which the final vote was taken by a member voting with the prevailing party. It is not in order for any member to move a reconsideration on the day on which the final vote was taken, except by a majority of the members elected. There may be no reconsideration of a vote on a motion to indefinitely postpone.] Motions to reconsider a vote upon amendments to any pending question and upon a final vote on a bill or resolution may be made at once.
________
κ2009 Statutes of Nevada, Page 3280κ
Senate Concurrent Resolution No. 35Senator Coffin
FILE NUMBER 91
Senate Concurrent RESOLUTION — Urging Congress to enact legislation allowing states to collect sales taxes on remote sales, including sales on the Internet.
Whereas, The 1967 Bellas Hess and the 1992 Quill Supreme Court decisions denied states the authority to require the collection of sales and use taxes by out-of-state sellers that have no physical presence in the taxing state; and
Whereas, The combined weight of the inability to collect sales and use taxes on remote sales through traditional carriers and the tax erosion due to electronic commerce threatens the future viability of the sales tax as a stable revenue source for state and local governments; and
Whereas, The Center for Business and Economic Research at the University of Tennessee has estimated that states lost as much as $30 billion in 2008 because they were not able to collect taxes on remote sales, including sales on the Internet; and
Whereas, Since 1999, state legislators, governors, local elected officials, state tax administrators and representatives of the private sector have worked to develop a streamlined sales and use tax collection system for the 21st century; and
Whereas, Between 2001 and 2004, Nevada and 39 other states enacted legislation expressing the intent to simplify the states sales and use tax collection systems and to participate in multistate discussions to finalize and ratify an interstate agreement to streamline collection of the states sales and use taxes; and
Whereas, On November 12, 2002, state delegates unanimously ratified the Streamlined Sales and Use Tax Agreement, which substantially simplifies state and local sales and use tax collection systems, removes the burdens to interstate commerce that were of concern to the Supreme Court and protects state sovereignty; and
Whereas, The Streamlined Sales and Use Tax Agreement provides the states with a blueprint to create a simplified and more uniform sales and use tax collection system that, when implemented, allows justification for Congress to overturn the Bellas Hess and Quinn decisions; and
Whereas, By March 1, 2009, 23 states, including Arkansas, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming, representing over 30 percent of the total population of the United States, enacted legislation to bring their states sales and use tax statutes into compliance with the Agreement; and
Whereas, The members of the Nevada Legislature and our colleagues in the other states have shown the resolve to acknowledge the complexities of the current sales and use tax collection system, have worked with the business community to formulate a truly simplified and streamlined sales and use tax collection system and have shown the political will to enact the necessary changes to make the streamlined sales and use tax collection system the law; and
κ2009 Statutes of Nevada, Page 3281 (FILE NUMBER 91, SCR 35)κ
Whereas, The Main Street Fairness Act will be introduced in the 111th Congress to grant those states that comply with the Agreement the authority to require all sellers, regardless of nexus, to collect those states sales and use taxes; and
Whereas, Supporting Nevadas efforts to comply with the Streamlined Sales and Use Tax Agreement and the federal legislation granting collection authority to the states are such organizations as: Associated Builders and Contractors-Sierra Nevada Chapter, Associated General Contractors-Las Vegas Chapter, Carson City Chamber of Commerce, Chancellor and Executive Vice Chancellor-Nevada System of Higher Education, Las Vegas Chamber of Commerce, Las Vegas Police Protective Association Metro, Inc., League of Women Voters of Nevada, NAIOP, Nevada Association of School Boards, Nevada Bankers Association, Nevada Chapter Associated General Contractors, Nevada Franchised Auto Dealers Association, Nevada Manufacturers Association, Nevada Mining Association, Nevada Motor Transport Association, Nevada Petroleum Marketers & Convenience Store Association, Nevada Press Association, Nevada Rental Car Group, Nevada State AFL-CIO, Nevada State Education Association, Nevada Taxpayers Association, Professional Fire Fighters of Nevada, Progressive Leadership Alliance of Nevada, Reno Sparks Chamber of Commerce and Retail Association of Nevada; and
Whereas, Until Congress and the President enact the Main Street Fairness Act, participation by remote sellers is only voluntary and thus states are unlikely to close the revenue gap between what is owed on remote transactions and what is collected; and
Whereas, Congressman Roy Blunt of Missouri has termed this federal legislation as fiscal relief for the states that does not cost the Federal Government a single cent, ensuring the viability of the sales and use tax as a state revenue source; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature call upon the members of our Congressional Delegation to join as cosponsors of the Main Street Fairness Act, to support its swift adoption by the Congress of the United States and to urge President Barack Obama to sign this Act into law upon its passage by Congress; 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 Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.
________
κ2009 Statutes of Nevada, Page 3282κ
Assembly Joint Resolution No. 5Assemblymen Mortenson, Ohrenschall; Horne, Kihuen and Segerblom
FILE NUMBER 92
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to limit the duration of special sessions of the Legislature to 20 consecutive calendar days with the exception of impeachment, removal and expulsion proceedings, to limit the types of bills which may be introduced, considered or passed during a special session, to provide that a special session may be convened by a petition signed by two-thirds of the Legislators of each House and to provide that regular and special sessions must be adjourned on the final calendar day not later than midnight Pacific time based on the actual measure of time used and observed by the general population of Nevada.
Legislative Counsels Digest:
Under the Nevada Constitution, only the Governor is granted express power to convene a special session of the Legislature on extraordinary occasions. (Nev. Const. Art. 5, § 9) The Nevada Constitution does not grant the Legislature express power to convene a special session on extraordinary occasions, such as when it is necessary to: (1) hold impeachment or removal proceedings against the Governor, Supreme Court Justices or other state and judicial officers who have committed misconduct in office; (2) hold expulsion proceedings against Legislators who have committed misconduct in office; (3) enact bills or appropriations to address unexpected conditions or emergency situations; or (4) reconsider bills vetoed by the Governor after the adjournment of a regular session. (Nev. Const. Art. 4, §§ 1, 6, 16-23, 35; Nev. Const. Art. 7, §§ 1-3)
This resolution proposes to amend the Nevada Constitution to authorize the Legislature, on extraordinary occasions, to convene a special session upon a petition signed by two-thirds of the members of each House of the Legislature. This resolution also provides that the only bills the Legislature may introduce, consider or pass at any special session are bills related to the business for which the special session is convened and bills necessary to provide for the expenses of the session.
In addition, this resolution limits the duration of any special session to 20 consecutive calendar days, unless the special session is convened to conduct proceedings for: (1) impeachment or removal from office of the Governor, Supreme Court Justices or other state and judicial officers pursuant to Article 7 of the Nevada Constitution; or (2) expulsion from office of a Legislator pursuant to Section 6 of Article 4 of the Nevada Constitution. The exceptions for impeachment, removal and expulsion proceedings are necessary to ensure that such proceedings comport with the concepts of due process, substantial justice and fundamental fairness. (U.S. Const. Amend. XIV, § 1; Nev. Const. Art. 1, § 8)
Finally, the Nevada Constitution provides that regular sessions must be adjourned on the final calendar day not later than midnight Pacific standard time. (Nev. Const. Art. 4, § 2) The Nevada Supreme Court has held that when the State is observing daylight saving time on the final calendar day of a session, the Legislature is not required to adjourn the session when the clock strikes midnight for the general population of Nevada but may continue the session until 1:00 a.m. Pacific daylight saving time because such time is equivalent to midnight Pacific standard time. (Nevada Mining Assn v. Erdoes, 117 Nev. 531 (2001))
κ2009 Statutes of Nevada, Page 3283 (FILE NUMBER 92, AJR 5)κ
This resolution proposes to amend the Nevada Constitution to provide that regular and special sessions must be adjourned on the final calendar day not later than midnight Pacific time, which must be determined based on the actual measure of time that is being used and observed by the general population of Nevada within the Pacific time zone or, in other words, the time on the clock. The resolution also provides that the Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores the time on the clock for the purpose of extending the duration of the session.
If this resolution is passed by the 2009 Legislature, it must also be passed by the next Legislature and then approved and ratified by the people in an election, before the proposed amendments to the Nevada Constitution become effective.
Whereas, The Nevada Constitution does not grant the Nevada Legislature express power to convene a special session on extraordinary occasions; and
Whereas, There are extraordinary occasions when it is imperative for the Legislature to have express power to convene a special session, such as when it is necessary to hold impeachment or removal proceedings pursuant to Article 7 of the Nevada Constitution against the Governor, Supreme Court Justices or other state and judicial officers who have committed misconduct in office, or when it is necessary to hold expulsion proceedings pursuant to Section 6 of Article 4 of the Nevada Constitution against Legislators who have committed misconduct in office; and
Whereas, There are other extraordinary occasions when it is imperative for the Legislature to have express power to convene a special session, such as when it is necessary to enact bills or appropriations to address unexpected conditions or emergency situations, or when it is necessary to reconsider bills vetoed by the Governor after the adjournment of a regular session; and
Whereas, There are currently 32 state legislatures in the nation that have express power to call a special session when there are extraordinary occasions; and
Whereas, The Nevada Legislature is part of a group of only 18 state legislatures that do not have express power to call a special session, and part of a group of only 11 state legislatures that may not determine any of the subject matter to be considered at a special session; and
Whereas, The Nevada Constitution is grounded on the principle of three coequal branches of State Government, with the ultimate authority and responsibility to enact necessary legislation being vested in the Legislative Branch, subject to final approval by the Governor; and
Whereas, Nevadas current constitutional language, which grants the Governor express power to call the Legislature into special session but which does not grant such express power to the Legislature, diminishes the constitutional separation of powers by impeding the authority of this States elected Legislature to perform its constitutional functions of enacting necessary legislation and conducting impeachment, removal and expulsion proceedings on extraordinary occasions; and
Whereas, The Nevada Legislature should be authorized to operate with a reasonable degree of independence from the Executive and Judicial Branches as is consistent with the separation of powers principle, and should be empowered to identify those extraordinary occasions that may require the Legislature to call a limited special session deemed in the best interest of the people of the State of Nevada; now, therefore, be it
κ2009 Statutes of Nevada, Page 3284 (FILE NUMBER 92, AJR 5)κ
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 2A, be added to Article 4 of the Nevada Constitution to read as follows:
Sec. 2A. 1. The Legislature may be convened, on extraordinary occasions, upon a petition signed by two-thirds of the members elected to each House of the Legislature. A petition must specify the business to be transacted during the special session, indicate a date on or before which the Legislature is to convene and be transmitted to the Secretary of State. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by the required number of members, calling for a special session, the Secretary of State shall notify all members of the Legislature and the Governor that a special session will be convened pursuant to this section.
2. At a special session convened pursuant to this section, the Legislature shall not introduce, consider or pass any bills except those related to the business specified in the petition and those necessary to provide for the expenses of the session.
3. A special session convened pursuant to this section takes precedence over a special session convened by the Governor pursuant to Section 9 of Article 5 of this Constitution, unless otherwise provided in the petition convening the special session pursuant to this section.
4. The Legislature may provide by law for the procedure for convening a special session pursuant to this section.
5. Except as otherwise provided in this subsection, the Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight Pacific time at the end of the 20th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 20th consecutive calendar day of that session is void. This subsection does not apply to a special session that is convened to conduct proceedings for:
(a) Impeachment or removal from office of the Governor and other state and judicial officers pursuant to Article 7 of this Constitution; or
(b) Expulsion from office of a member of the Legislature pursuant to Section 6 of Article 4 of this Constitution.
6. For the purposes of this section, midnight Pacific time must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.
κ2009 Statutes of Nevada, Page 3285 (FILE NUMBER 92, AJR 5)κ
And be it further
Resolved, That Section 2 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless the Governor of the State or the members of the Legislature shall, in the interim, convene the Legislature by proclamation [.] or petition.
2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific [standard time 120 calendar days following its commencement.] time at the end of the 120th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific [standard time on] time at the end of the 120th consecutive calendar day of that session is void, unless the legislative action is conducted during a special session . [convened by the Governor.]
3. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.
4. For the purposes of this section, midnight Pacific time must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.
And be it further
Resolved, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec . [:] 33. The members of the Legislature shall receive for their services [,] a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the [legislature] Legislature and not to exceed 20 days during any special session ; [convened by the governor;] but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected ; Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
κ2009 Statutes of Nevada, Page 3286 (FILE NUMBER 92, AJR 5)κ
And be it further
Resolved, That Section 9 of Article 5 of the Nevada Constitution be amended to read as follows:
[Sec: 9. The]
Sec. 9. 1. Except as otherwise provided in Section 2A of Article 4 of this Constitution, the Governor may , on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses , when organized, the [purpose] business for which they have been specially convened . [, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.]
2. At a special session convened pursuant to this section, the Legislature shall not introduce, consider or pass any bills except those related to the business for which the Legislature has been specially convened and those necessary to provide for the expenses of the session.
3. Except as otherwise provided in this subsection, the Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight Pacific time at the end of the 20th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 20th consecutive calendar day of that session is void. This subsection does not apply to a special session that is convened to conduct proceedings for:
(a) Impeachment or removal from office of the Governor and other state and judicial officers pursuant to Article 7 of this Constitution; or
(b) Expulsion from office of a member of the Legislature pursuant to Section 6 of Article 4 of this Constitution.
4. For the purposes of this section, midnight Pacific time must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.
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κ2009 Statutes of Nevada, Page 3287κ
Assembly Resolution No. 12Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 93
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2009-2011 biennium.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Standing Rules of the Legislature, the following Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Mr. John Oceguera, Ms. Marilyn K. Kirkpatrick, Ms. Debbie Smith, Mr. Marcus Conklin, Mr. John C. Carpenter and Mr. James A. Settelmeyer are designated as the regular Assembly members; Mr. William C. Horne and Mr. Tick Segerblom are designated as the first and second alternate members, respectively, for Mr. John Oceguera; Mr. Kelvin Atkinson and Ms. Ellen B. Spiegel are designated as the first and second alternate members, respectively, for Ms. Marilyn K. Kirkpatrick; Mr. David Bobzien and Mr. James Ohrenschall are designated as the first and second alternate members, respectively, for Ms. Debbie Smith; Ms. Peggy Pierce and Ms. April Mastroluca are designated as the first and second alternate members, respectively, for Mr. Marcus Conklin; Mr. Lynn D. Stewart and Mr. Chad Christensen are designated as the first and second alternate members, respectively, for Mr. John C. Carpenter; and Mr. Tyrus O. Cobb and Mr. Don Gustavson are designated as the first and second alternate members, respectively, for Mr. James A. Settelmeyer.
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Senate Resolution No. 11Committee on Legislative Operations and Elections
FILE NUMBER 94
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2009-2011 biennium.
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 Steven A. Horsford, Joyce Woodhouse, Maggie Carlton, Randolph J. Townsend, Warren B. Hardy, II and Maurice E. Washington are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators Valerie Wiener and Allison Copening are designated as the first and second alternate members, respectively, for Senator Steven A. Horsford; Senators Michael A. Schneider and David R. Parks are designated as the first and second alternate members, respectively, for Senator Joyce Woodhouse; Senators John J. Lee and Shirley A. Breeden are designated as the first and second alternate members, respectively, for Senator Maggie Carlton; Senators Dennis Nolan and Mike McGinness are designated as the first and second alternate members, respectively, for Senator Randolph J.
κ2009 Statutes of Nevada, Page 3288 (FILE NUMBER 94, SR 11)κ
are designated as the first and second alternate members, respectively, for Senator Maggie Carlton; Senators Dennis Nolan and Mike McGinness are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Barbara K. Cegavske and Mark E. Amodei are designated as the first and second alternate members, respectively, for Senator Warren B. Hardy, II; Senators Dean A. Rhoads and William J. Raggio are designated as the first and second alternate members, respectively, for Senator Maurice E. Washington; and be it further
Resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting must be as follows:
1. The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.
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κ2009 Statutes of Nevada, Page 3289κ
Senate Concurrent Resolution No. 36Senators McGinness, Nolan; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Grady; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 95
Senate Concurrent RESOLUTION — Memorializing Commander Luther H. Hook III, Executive Officer of the Naval Air Station Fallon.
Whereas, Members of the Nevada Legislature, along with the residents of this State, were shocked and deeply saddened to learn of the tragic passing of Commander Luther H. Hook III, Executive Officer at the Naval Air Station Fallon, and his daughters Kaitlyn, Rachel and Mackenzie Hook; and
Whereas, Commander Hook was a native of Havana, Florida, graduated from the United States Naval Academy in 1986 and went on to earn his Wings of Gold in June of 1988 in Beeville, Texas; and
Whereas, As a pilot flying the F/A-18 Hornet, he flew from the decks of the USS Constellation, USS Independence, USS Carl Vinson and USS Kitty Hawk and served in a number of strike fighter squadrons, in addition to performing the duties of a landing signal officer with Carrier Air Wing Eleven; and
Whereas, After earning a Master of Strategic Studies degree from the Air War College in 2003, Commander Hook brought his expertise and extensive training to our State in 2005, when he was stationed at the Naval Air Station Fallon; and
Whereas, His impressive 23-year career in the United States Navy includes over 2,700 hours in the F/A-18 and many awards and decorations, such as the Air Medal with Combat V, the Meritorious Service Medal, the Navy Commendation and Navy Achievement Medals, as well as various other campaign and expeditionary medals; and
Whereas, Commander Hook will be remembered by friends and colleagues as a person who was a pleasure to work with, a great aviator and officer who served his beloved country with pride and dignity, and an involved parent and member of the community who participated in various projects and fundraisers at local schools; and
Whereas, Family, friends, classmates and neighbors of 15-year-old Kaitlyn, 12-year-old Rachel and 9-year-old Mackenzie shared fond, bittersweet memories of Kaitlyns smile and athletic prowess, Rachels passion for singing and Mackenzies bike rides from school as they grieved for these heartbreaking losses; now, therefore, be it
κ2009 Statutes of Nevada, Page 3290 (FILE NUMBER 95, SCR 36)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That members of the 75th Session of the Nevada Legislature hereby express their sincerest condolences to the family and friends of Commander Hook and his daughters Kaitlyn, Rachel and Mackenzie; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Commander Hooks wife Wende Hucke Hook, and Brenda Hook, mother of Kaitlyn, Rachel and Mackenzie.
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Assembly Concurrent Resolution No. 30Assemblymen Buckley and Atkinson
FILE NUMBER 96
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to conduct an interim study on the development and promotion of logistics and distribution centers and issues concerning infrastructure and transportation in this State.
Whereas, The creation of new jobs and promoting diversification of the Nevada economy is a critical need and an overriding goal of the Legislature; and
Whereas, Nevada is uniquely positioned by virtue of its location and favorable business climate to serve as a logistics and distribution center for the receipt, shipment and assembly of goods on the West Coast to points north and east; and
Whereas, The Nevada System of Higher Education, including the state universities in Reno and Las Vegas, has expertise in supply chain management and can provide consulting support, managerial development through degree programs and job training opportunities; and
Whereas, Foreign trade zones exist in both southern and northern Nevada for the purpose, among other things, of facilitating the growth of logistics and distribution centers; and
Whereas, The Clark County Regional Airport System, the Tahoe-Reno Industrial Center in Storey County and the Reno-Tahoe International Airport are poised for future development as logistics and distribution centers and for the creation of a wide range of jobs in supply chain management; and
Whereas, The Elko County Rail Port provides additional opportunities for east-west distribution of goods and development of a logistics cluster; and
Whereas, The continuing growth of the population in Nevada has caused growing traffic congestion, environmental issues as a result of such congestion and difficulty in maintaining and expanding the transportation infrastructure in this State because of financial, environmental and physical constraints; and
Whereas, Mass transportation systems and the infrastructure for transportation systems play an integral role in supporting the diversification and expansion of the workforce and economy; and
κ2009 Statutes of Nevada, Page 3291 (FILE NUMBER 96, ACR 30)κ
Whereas, Efficient mass transportation systems and the infrastructure for transportation systems reduce environmental degradation and decrease congestion on major roadways; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee to study the development and promotion of Nevada as a logistics and distribution center and issues concerning infrastructure and transportation; and be it further
Resolved, That to facilitate the investment of private capital in logistics and distribution centers, the subcommittee may solicit input from representatives of state and local economic development organizations, interstate transportation facilities in Nevada, transport and logistics companies, manufacturing and other business interests, foreign trade zones, institutions within the Nevada System of Higher Education, and such other governmental or private stakeholders as the subcommittee deems appropriate; and be it further
Resolved, That the subcommittee shall formulate a strategy and develop an implementation plan detailing the steps that need to be taken to create and promote the further development of Nevada as a logistics and distribution center which must include, without limitation:
1. Identification of barriers to the development of logistics and distribution centers;
2. The costs and benefits associated with expanding mass transportation systems and developing the necessary infrastructure for transportation systems;
3. Delineation of future foreign trade zones;
4. Prioritization of infrastructure needs, including energy and water, infrastructure and transportation systems, including mass transportation systems and light rail corridors;
5. Formation of public-private partnerships for financing and incubation of new businesses;
6. Funding options for the expansion of mass transportation systems and light rail corridors;
7. Attraction of businesses associated with supply chain management activities, including assembly, manufacturing, warehousing and transportation; and
8. Identification of strategic public policy actions to expedite the investment of private development companies in major logistics centers in Nevada; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3292κ
Assembly Concurrent Resolution No. 34Committee on Ways and Means
FILE NUMBER 97
Assembly Concurrent RESOLUTION — Providing for the Interim Finance Committee to create the Subcommittee for Federal Stimulus Oversight.
Whereas, The United States Congress passed the American Recovery and Reinvestment Act of 2009, which includes allocations of money to states to stimulate the economy; and
Whereas, The Legislature finds that proposals and plans for the use of allocated funds must be evaluated to ensure that the use maximizes the goals of the State; and
Whereas, The Legislature finds that spending for transportation and public works projects must be monitored to ensure that more and higher paying jobs are created; and
Whereas, The Legislature finds that the entities which receive federal funds must be held accountable for the appropriate and effective use of the money allocated to them; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Interim Finance Committee is hereby directed to appoint the Subcommittee for Federal Stimulus Oversight to oversee the use of funds allocated from money that is received by the State of Nevada from the Federal Government pursuant to the American Recovery and Reinvestment Act of 2009 to stimulate the economy; and be it further
Resolved, That the Subcommittee for Federal Stimulus Oversight is directed to:
1. Consider proposals and plans for the use of the allocated funds to ensure that the use maximizes the goals of the State to improve the state system of public education and the Nevada System of Higher Education, to provide greater access to health insurance and health care, to deliver social services in a more efficient manner, to provide for more efficient use of energy and to create more jobs;
2. Examine programs offered by the Federal Government as part of the incentives made available to states to stimulate the economy to determine whether it is beneficial and feasible for the State of Nevada to participate in such programs, including, without limitation, a program to allow recently unemployed persons to participate in Medicaid and programs that provide for enhancements of other existing programs;
3. Monitor the spending of allocated funds for transportation projects and public works projects to ensure that such projects provide for the maximum increase in job opportunities made available in this State;
4. Review the plans of state agencies for spending allocated funds, including, without limitation, plans for spending money designated for:
(a) The state system of public education and higher education;
(b) Medicaid;
(c) Mental health and developmental services;
(d) Child and family services;
(e) Temporary Assistance to Needy Families;
(f) The Department of Business and Industry;
κ2009 Statutes of Nevada, Page 3293 (FILE NUMBER 97, ACR 34)κ
(g) The Department of Employment, Training and Rehabilitation;
(h) The Department of Transportation; and
(i) Other services provided by State Government;
5. Review grants that are proposed under various federal programs, establish priorities for the use of any money from such grants that is made available to the State and ensure that any such money is distributed in an equitable manner based on need; and
6. Review the proposed utilization of the money received through grants from the Federal Government for job training that is focused on energy efficiency and weatherization of homes, schools and other public buildings to ensure that it creates more and higher paying jobs in this State; and be it further
Resolved, That the Subcommittee for Federal Stimulus Oversight:
1. Is directed to provide a manner of holding each entity that receives an allocation of such funds accountable for the appropriate and effective use of the money received, and to require each such entity to report to the Subcommittee at such times and intervals as requested by the Subcommittee concerning the manner in which the money is used, the number of jobs that are created as a result of the money, if applicable, other improvements that result from the use of the money and such other information as requested by the Subcommittee; and
2. If the Subcommittee determines that money which has been allocated is not being used in the most effective manner, the Subcommittee may recommend to the agency the manner in which the remaining money from the allocation be redirected to a more effective use within the program for which the money was allocated. If the Subcommittee makes such a determination, the agency shall redirect the remaining money in the manner recommended by the Subcommittee or shall, at the next meeting of the Interim Finance Committee, provide a report which sets forth the agencys justifications for the current use of the money.
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κ2009 Statutes of Nevada, Page 3294κ
Assembly Joint Resolution No. 1Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 98
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise the provisions governing a petition for a state initiative or a referendum.
Legislative Counsels Digest:
Pursuant to Section 2 of Article 19 of the Nevada Constitution, the people of the State of Nevada have reserved to themselves the power to propose statutes, amendments to statutes and amendments to the Nevada Constitution by initiative petition. If the petition meets certain criteria, it is placed on the general election ballot where the people of the State of Nevada are then given the right to vote to enact or reject such proposals. In 2006, however, a portion of this provision of the Nevada Constitution was held unconstitutional by the U.S. Court of Appeals for the Ninth Circuit. ACLU of Nev. v. Lomax, 471 F.3d 1010 (9th Cir. 2006). The Ninth Circuit Court found that the requirement that an initiative petition contain a certain number of signatures gathered from 75 percent of the counties in this State in order to qualify for the ballot (the 13 Counties Rule) violated the equal protection principle of one man, one vote by diluting the votes of residents of densely populated counties and was not narrowly tailored. Id. at 1013. Thus, the Ninth Circuit Court held that Section 2 of Article 19 of the Nevada Constitution violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Id. The Court further indicated that if a certain number of voters were required from state legislative districts rather than counties, it would alleviate the equal protection concerns.
This resolution proposes to amend Article 19 of the Nevada Constitution to remove the unconstitutional provisions and instead require that an initiative petition be signed by a number of the registered voters from each petition district in this State which equals 10 percent of the number of voters who voted at the last preceding general election in the petition district. This resolution further provides that the number of registered voters required to file an initiative or referendum petition must be determined at the time the copy of the petition is filed with the Secretary of State.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 1 of Article 19 of the Nevada Constitution be amended to read as follows:
Section 1. 1. A person who intends to circulate a petition that a statute or resolution or part thereof enacted by the legislature be submitted to a vote of the people, before circulating the petition for signatures, shall file a copy thereof with the secretary of state. He shall file the copy not earlier than August 1 of the year before the year in which the election will be held.
2. Whenever a number of registered voters of this state equal to 10 percent [or more] of the number of voters who voted at the last preceding general election shall express their wish by filing with the secretary of state, not less than 120 days before the next general election, a petition in the form provided for in Section 3 of this Article that any statute or resolution or any part thereof enacted by the legislature be submitted to a vote of the people, the officers charged with the duties of announcing and proclaiming elections and of certifying nominations or questions to be voted upon shall submit the question of approval or disapproval of such statute or resolution or any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire State.
κ2009 Statutes of Nevada, Page 3295 (FILE NUMBER 98, AJR 1)κ
any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire State. The number of registered voters required to file the petition must be determined at the time the copy of the petition is filed with the secretary of state pursuant to this Section. 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.
3. If a majority of the voters voting upon the proposal submitted at such election votes approval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall stand as the law of the state and shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of such voters votes disapproval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall be void and of no effect.
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 number of registered voters from each petition district in this State equal to 10 percent [or more] of the number of voters who voted at the last preceding general election in [not less than 75 percent of the counties in the State, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire State at the last preceding general election.] the petition district. Petition districts must be established by the Legislature. The number of registered voters required to file the initiative petition must be determined at the time the copy of the initiative petition is filed with the Secretary of State pursuant to this Section.
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.
κ2009 Statutes of Nevada, Page 3296 (FILE NUMBER 98, AJR 1)κ
rejected by the Legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. If the statute or amendment to a statute is rejected by the Legislature, or if no action is taken thereon within 40 days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the Supreme Court. 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.
κ2009 Statutes of Nevada, Page 3297 (FILE NUMBER 98, AJR 1)κ
further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.
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.
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κ2009 Statutes of Nevada, Page 3298κ
Senate Concurrent Resolution No. 19Committee on Energy, Infrastructure and Transportation
FILE NUMBER 99
Senate Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study relating to the production and use of energy in the State.
Whereas, Energy, in terms of electric power production, heating and transportation, is fundamental to every aspect of Nevadas economy and competitiveness; and
Whereas, Power demands continue to grow as Nevadas population and business infrastructure grow, and although growth in the State, along with the nation, has temporarily slowed, historically, national and local economies rebound robustly from such periods; and
Whereas, Energy projects can stimulate Nevadas economic growth and have particular application in rural areas; and
Whereas, While an estimated $11 billion per year is spent on energy and transportation fuel, a great deal of this is spent outside of this State, and studies estimate that for every such dollar retained within the State, there is a six-fold multiplier effect in the States economy; and
Whereas, More efficient utilization of energy frees public and private funds for use in other areas such as education, infrastructure, public health and public safety; and
Whereas, Energy production and consumption profoundly affect the environment, including air quality and water supplies, as well as public health; and
Whereas, Nevada Legislators who have extensive energy experience will begin to term-limit after this Session, so there is a need to educate additional Legislators before those with the most expertise are gone; and
Whereas, There has not been a legislative energy study since 1997-1998, yet energy technologies, needs and issues have changed significantly in the last decade; and
Whereas, Nevada is poised to build thousands of megawatts of electrical generation plants which will serve as the backbone of the States power sector for decades, and the useful life of such plants is approximately 40 years, so decisions made now will determine the course of energy policy for nearly the next half-century; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee, composed of three members of the Senate and three members of the Assembly, to conduct an interim study concerning energy production and use in the State; and be it further
Resolved, That the study must include, without limitation:
1. A review of the statutes and regulations of this State relating to energy production, use and transmission, energy efficiency, including energy efficiency in public buildings, the use and availability of transportation fuels and facilities, including alternative fuels, and motor vehicle electrification;
κ2009 Statutes of Nevada, Page 3299 (FILE NUMBER 99, SCR 19)κ
2. A review of the extent of biofuel production in Nevada and prospects for increasing production at existing facilities and introducing new types of such fuels, including biodiesel, ethanol from nonfood sources, algae-based fuel and other emerging fuel technologies;
3. A review of existing state energy and energy efficiency programs and their implementation and effectiveness, with periodic progress reports from the agencies and entities charged with implementation of these programs;
4. A review of new energy and energy efficiency programs enacted during the 75th Session of the Nevada Legislature and their implementation and effectiveness, with periodic progress reports from the agencies and entities charged with implementation of these new programs;
5. Receipt of continued input from interested parties and the public on ways existing and new programs can be further improved;
6. Solicitation of recommendations for additional new programs for future legislative consideration and potential enactment;
7. A review of existing and emerging green technologies, including smart grid technology, and their suitability for deployment in Nevada, including consideration of obstacles to deployment and methods to eliminate or minimize those obstacles; and
8. A review of efforts to attract more green industries and jobs to Nevada and exploration of ways to expand existing green businesses and jobs in Nevada; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3300κ
Senate Concurrent Resolution No. 26Senator Horsford
FILE NUMBER 100
Senate Concurrent RESOLUTION — Providing for an interim study on employee misclassifications.
Whereas, Certain employers in Nevada may improperly classify persons they hire as independent contractors, when those workers should be classified legally as employees; and
Whereas, The practice of employee misclassification can be an attempt by some employers to avoid their legal obligations under federal and state labor, employment and tax laws, including the laws governing minimum wage, overtime, unemployment insurance, workers compensation insurance, temporary disability insurance, wage payment and federal income tax; and
Whereas, The practice of employee misclassification has serious adverse effects on the residents, businesses and economy of Nevada because this practice: (1) increases the uncertainty of collecting unemployment taxes; (2) unfairly shifts the tax burden to the overwhelming majority of Nevada employers who adhere to federal and state labor laws; (3) allows employers who misclassify their employees an unfair competitive advantage over law-abiding businesses; and (4) undermines fundamental laws intended to ensure employees receive legally required employment insurance, workers compensation and other workplace protections; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint an interim subcommittee to determine the scope of the problem of employee misclassification in this State, including ramifications in terms of economic losses for employees and lost revenues for this State and for local governments, proposals for state processes to identify employee misclassification, potential penalties for employers engaging in employee misclassification and legal recourse for affected employees; and be it further
Resolved, That the interim subcommittee must consist of five members as follows:
1. One member of the Senate;
2. One member of the Assembly;
3. One representative of management who works for an entity in the construction industry that has not signed an agreement with a labor union;
4. One representative from the construction industry who is a member of a labor union; and
5. One representative of the general public; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3301κ
Senate Concurrent Resolution No. 39Senator Horsford
Joint Sponsor: Assemblywoman Leslie
FILE NUMBER 101
Senate Concurrent RESOLUTION — Requiring the Legislative Committee on Health Care to consider issues and make recommendations relating to payments for the provision of certain medical services and care.
Whereas, The rising cost of health care is a growing problem in this State, and many factors contribute to this problem; and
Whereas, The number of hospitals and physicians who have contracted for the provision of health care impacts the quality and cost of health care in this State; and
Whereas, Ensuring a sufficient number of such contracts is essential to improving the quality and cost of health care in this State; and
Whereas, Educating patients and consumers of health care in this State regarding the financial impact of receiving medical services and care from out-of-network hospitals and out-of-network physicians is a vital part of ensuring that patients and consumers minimize their health care expenses; and
Whereas, Billed charges by providers of health care have escalated at a rate far exceeding the rate of inflation; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Nevada Legislature hereby recognize the importance of restraining the cost of health care and recognize that patients, hospitals, physicians and health insurers each play an integral role in restraining those costs; and be it further
Resolved, That the Legislative Committee on Health Care, during the 2009-2010 interim, shall consider and review methods for establishing a fair and equitable system for the payment of medical services and care for persons who are covered by a policy of insurance or other contractual agreement with a third party that provides coverage for the provision of health care but whose insurance or other contractual agreement does not cover expenses by the specific hospital or physician which provided the service or care, including, to the extent practicable, consideration of:
1. The relationship between the actual cost to surgical centers for ambulatory patients, hospitals and physicians to provide medical services and care and the charges billed by those providers of health care;
2. The process used by providers of health care in this State and health insurers and other third parties that provide coverage for the provision of health care to negotiate contracts;
3. The process for granting hospital privileges to physicians in this State and related issues concerning contracts with health insurers and other third parties that provide coverage for the provision of health care;
4. Balance billing and collection practices implemented by providers of health care in this State and the effects of the escalation of billed charges on the cost of health care; and
5. Any other issues deemed necessary by the Chairman of the Legislative Committee on Health Care; and be it further
κ2009 Statutes of Nevada, Page 3302 (FILE NUMBER 101, SCR 39)κ
Resolved, That the Legislative Committee on Health Care, in considering the system pursuant to this resolution, shall make recommendations for the implementation of such a system to the 76th Session of the Nevada Legislature; and be it further
Resolved, That the Chairman of the Legislative Committee on Health Care is encouraged to appoint a subcommittee consisting of three members of the Committee to consider the issues relating to the system for the payment of medical services and care pursuant to this resolution; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Legislative Commission.
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Senate Concurrent Resolution No. 37Senator Horsford
Joint Sponsor: Assemblyman Oceguera
FILE NUMBER 102
Senate Concurrent RESOLUTION — Providing for the Interim Finance Committee to conduct a review of Nevadas revenue structure and to provide long-term stabilization of revenue.
Whereas, A prolonged recession has left Nevada with a large general fund deficit; and
Whereas, Nevadas existing state revenue sources are insufficient to fund essential state services such as education, health and human services and public safety programs; and
Whereas, Nevadas 2009-2011 budget includes nonrecurring federal stimulus funds and tax revenues that will sunset on June 30, 2011; and
Whereas, It is essential that the State in the future have a stable, equitable, transparent and competitive revenue system; and
Whereas, It is vital that policymakers not be unduly constrained by the current distribution of public revenues or the current mixture of public revenue sources in making decisions regarding the States fiscal system; and
Whereas, It is in the best interest of Nevada that the States revenue system reflect the long-term needs of the State, the diversity of Nevadas economy and nationally recognized best practices; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Interim Finance Committee shall appoint a Subcommittee to conduct a review of Nevadas revenue structure and to provide long-term stabilization of revenue. The Subcommittee shall carry out the following functions:
1. Review proposals for broad-based taxes which are fair and equitable;
2. Examine strategies for mitigating tax burdens on both businesses and consumers, including reductions, if possible, in existing taxes, both state and local;
3. Consider the publics willingness to having existing taxes be decreased as other tax revenues become available;
κ2009 Statutes of Nevada, Page 3303 (FILE NUMBER 102, SCR 37)κ
4. Using current statistical information, propose strategies and recommendations to advance the State of Nevada in nationwide rankings in key quality-of-life areas, including education, health and human services, public safety, economic diversification, job creation, transit and energy use; and
5. Develop a quality-of-life vision for the State of Nevada for a 5-year period, a 10-year period and a 20-year period; and be it further
Resolved, That the Subcommittee shall appoint a Nevada Vision Stakeholder Group, with members selected from a list of names submitted by community and statewide groups involved in business, education, health care, human services, economic development, transit and energy, or any other groups deemed appropriate by the Subcommittee, to assist in developing 5-year, 10-year and 20-year strategic plans for improving the States quality of life; and be it further
Resolved, That, with money available for this purpose, the Interim Finance Committee shall, through competitive bidding, retain the services of a qualified, independent consultant to review Nevadas public revenue structure and make recommendations to the Interim Finance Committee relating to:
1. The allocation of revenue from taxation and other sources between the State and local governments;
2. The adequacy of the revenue sources of the State and local governments and each level of government in supplying sufficient revenue for the services provided by the respective governments and governmental agencies;
3. The relative stability of the revenue sources of the State and local governments and each level of government and each governmental agency;
4. The degree to which the revenue sources of the State and local governments reflect the current economic activity of the State;
5. The degree to which the revenue sources of the State and local governments are representative of the way business is conducted today relative to administration and compliance;
6. The extent to which the earmarking of various revenue sources has removed flexibility in efficiently allocating those revenue sources;
7. The extent to which the revenue sources of state and local governmental agencies increase in proportion to increased population and the corresponding increased demand for the services provided by the respective governments and governmental agencies;
8. Any recommendations to improve the equity of the allocation of revenue and the stability of the sources of revenue for State Government and the various local governmental entities and changes which will improve the flexibility, collection and administration of existing revenue sources; and
9. Any other matters that the Interim Finance Committee deems necessary to improve the equity, stability, transparency and competitiveness of the States tax system; and be it further
Resolved, That in conjunction with the revenue stabilization study process, the consultant shall:
1. Collect independent data on Nevadas national rankings in quality-of-life areas; and
2. Coordinate with the Nevada Vision Stakeholder Group to develop strategies to advance Nevadas national standing in critical quality-of-life areas; and be it further
κ2009 Statutes of Nevada, Page 3304 (FILE NUMBER 102, SCR 37)κ
Resolved, That the consultant shall deliver a report of his findings concerning revenue stabilization to the Interim Finance Committee on or before July 1, 2010, which must include specific recommendations as well as the impact of implementing those recommendations on the State, local governments and various types of businesses, including, without limitation, large and small businesses, capital-intensive and labor-intensive businesses and high-margin and low-margin businesses and as well the impact on the general population; and be it further
Resolved, That the consultant shall deliver a report of his findings concerning quality-of-life areas to the Interim Finance Committee on or before July 1, 2010, including, without limitation, proposed strategies and recommendations from the Nevada Vision Stakeholder Group in key areas such as education, health and human services, public safety, economic diversification, job creation, transit and energy use; and be it further
Resolved, That the Interim Finance Committee shall hold at least two public hearings to evaluate the findings of the consultant; and be it further
Resolved, That the Subcommittee shall create a Technical Working Group consisting of the Senate Fiscal Analyst, the Assembly Fiscal Analyst, the Chief of the Budget Division of the Department of Administration, the Executive Director of the Department of Taxation, the Vice Chancellor of Finance of the Nevada System of Higher Education, the Deputy Superintendent of Administrative and Fiscal Services of the Department of Education and the Chairman of the Committee on Local Government Finance; and be it further
Resolved, That the Subcommittee shall direct the Technical Working Group to ensure that the State is prepared to implement, on or before July 1, 2011, revenue stabilization recommendations accepted and forwarded by the Subcommittee; and be it further
Resolved, That the Technical Working Group shall undertake any work necessary to ensure the States readiness to implement required modifications to the States existing revenue system, including, without limitation, any upgrade or replacement of equipment or software required for such a modification; and be it further
Resolved, That, upon recommendation of the Subcommittee, the Executive Director of the Department of Taxation may request an allocation from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269 to acquire a technologically sound computer system necessary for the collection or allocation of taxes in the State; and be it further
Resolved, That the Interim Finance Committee shall, on or before October 1, 2010, submit a report of the results of its review and any recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature.
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