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2005 Statutes of Nevada, Page 2923

 

 

 

RESOLUTIONS AND MEMORIALS

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FILE NUMBER 1, AR 1

Assembly Resolution No. 1–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 1

 

Assembly RESOLUTION—Providing for the appointment of Assembly attaches.

 

      Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 73rd Session of the Legislature of the State of Nevada: Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Patti Higdon, Jason Hataway, Harle Glover, Terry Sullivan, Robin Bates, Sandra Geyer, Kathlean Maskaly, Kasey Sheldon, Andrea Touyarot, Kyle Wentz, June Rigsby, Theresa Horgan, Robert Josephs, Kathryn Alden, Jennifer Arias, Ethan Guillen, Dylan Shaver, Marge Griffin, Barbara Houger, Nenita Wasserman, Kerry Porec, Christina Bailey, Laurel Armbrust, Kathryn Oetting, Sheree Rosevear, Julie Morrison, Patricia Hutson, Jasmine Shackley, Victoria Thompson, Patricia Blackburn, Millicent Jorgenson, Rachel Pilliod, Deanna Duncan, Angela Flores, Linda Utt, Stacy Shaffer, Connie Davis, Anne Bowen, Susan Cherpeski, Lila Clark, Linda Smith, Carol J. Thomsen, Mirenda Haywood, Vanessa Brown, Joe Bushek, James Cassimus, Mary Garcia, Sarah Gibson, Celeste Gunther, Nancy Haywood, Judy Maddock, Kiz Malin, Jane Oliver, Paul Partida, Linda Ronnow, Michael Shafer, Gregory Sharry, Carole Snider, Katherine Andrews, Casey Bales, Matthew Mowbray, Susan Bailey, Patricia Baker, C. Ryan Bauman, Mary Bean, Chelsea Bibb, Alecia Biddison, MaryLou Burks, Cynthia Carter, Patrick Cowan, Ann Marie Cutkosky, Keris Dahlkamp, Vicky Goodson, Donna Hancock, Joyce Hess, Novella Kowallek, Carol Loomis, Yhvona Martin, Christopher Mayhew, Toshiko McIntosh, Patti McKay-Timm, Alan Mills, Linda Paul, Loretta Peterson, Helen Poupeney, Sheila Sease, Ashley Smith, Jerry Stacy, Janet Stokes, Maxine Milabar, Stephanie Elliott, Betty Gardner, Michael Nakamoto, Jerry Pieretti, William Souligny, June Bennett, Norm Budden, Mary Carel, Diane Bacus, Brandi Colunga, John Davis Jr., Gail Eller, Mark Frady, Joyce Ghiselli, Don Hataway, Juanita Heston, Stephen Honey, Laverne LaFleur, Lois Lahair, Teresa Love, Christy Malarchuk, Bob Maynick, Reid Meyer, Robert Murphy, Elaine Quilici and Frank Tetz.

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2005 Statutes of Nevada, Page 2924

 

FILE NUMBER 2, AR 2

Assembly Resolution No. 2–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 2

 

Assembly RESOLUTION—Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.

 

      Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker, Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chairman of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further

      Resolved, That these amounts be certified by the Speaker and the Chief Clerk to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.

________

 

FILE NUMBER 3, AR 3

Assembly Resolution No. 3–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 3

 

Assembly RESOLUTION—Adopting the Standing Rules of the Assembly for the 73rd Session of the Legislature.

 

      Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 72nd Session are adopted, with the following changes, as the Standing Rules of the Assembly for the 73rd Session of the Legislature:

 

I.  OFFICERS AND EMPLOYEES

 

Duties of Officers

 

Rule No. 1.  Speaker of the Assembly.

      1.  All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.

      2.  Possessing the powers and performing the duties described in this Rule, the Speaker shall:

      (a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.

      (b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.

 


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2005 Statutes of Nevada, Page 2925 (File Number 3, AR 3)

 

      (c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.

      (d) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.

      (e) When the Assembly resolves itself into Committee of the Whole, name a Chairman to preside thereover and call him to the Chair.

      (f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.

      (g) Sign all bills and resolutions passed by the Legislature as provided by law.

      (h) Sign all subpoenas issued by the Assembly.

      (i) Receive all messages and communications from other departments of the government and announce them to the Assembly.

      (j) Represent the Assembly, declare its will and in all things obey its commands.

      (k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.

      3.  If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker Pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.

      4.  If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.

 

Rule No. 2.  Reserved.

 

Rule No. 3.  Reserved.

 

Rule No. 4.  Reserved.

 

Rule No. 5.  Reserved.

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

II.  SESSIONS AND MEETINGS

 

Rule No. 10.  Time of Meeting.

      The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.

 

Rule No. 11.  Open Meetings.

      All meetings of the Assembly and its committees must be open to the public.

 

Rule No. 12.  Reserved.

 

The next rule is 20.

 


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2005 Statutes of Nevada, Page 2926 (File Number 3, AR 3)

 

III.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

      If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

 

Rule No. 21.  Portable Electronic Communication Devices.

      1.  A person who is within the Assembly Chambers or within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.

      2.  Before entering the Assembly Chambers or an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers or within an Assembly committee room.

 

Rule No. 22.  Reserved.

 

Rule No. 23.  Committee on Ethics; Legislative Ethics.

      1.  The Committee on Ethics consists of:

      (a) Two members of the Assembly appointed by the Speaker from the majority political party;

      (b) One member of the Assembly appointed by the Minority Leader from the minority political party; and

      (c) Two qualified electors of the State chosen by the members of the Committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.

      2.  The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the Committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the Committee during the consideration of a specific question.

      3.  A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.

      4.  The Committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

 


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2005 Statutes of Nevada, Page 2927 (File Number 3, AR 3)

 

competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

      (a) Against whom a complaint is brought requests a public hearing;

      (b) Discloses the opinion of the Committee at any time after his hearing; or

      (c) Discloses the content of an advisory opinion issued to him by the Committee.

      5.  A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the Chairman. The Chairman shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.

      6.  The criterion to be applied by the Committee in determining whether a Legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:

      (a) His acceptance of a gift or loan; or

      (b) His private economic interest.

      7.  A Legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of the conflict. In determining whether to vote upon, advocate or oppose the measure, the Legislator should consider whether:

      (a) The conflict impedes his independence of judgment;

      (b) His participation will produce a negative effect on the public’s confidence in the integrity of the Legislature;

      (c) His participation is likely to have any significant effect on the disposition of the measure; and

      (d) His interest is greater than the interests of an entire class of persons similarly situated.

 

The next rule is 30.

 

 

IV.  QUORUM, VOTING, ELECTIONS

 

Rule No. 30.  Manner of Voting.

      1.  The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.

      2.  The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.

      3.  When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.

      4.  When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.

      5.  The electronic roll call system may be used to determine the presence of a quorum.

 


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2005 Statutes of Nevada, Page 2928 (File Number 3, AR 3)

 

      6.  The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.

      7.  Only a member who:

      (a) Has been certified by the Committee on Elections, Procedures, [and] Ethics , and Constitutional Amendments or a special committee of the Assembly; and

      (b) Is physically present within the Assembly Chambers,

may cast a vote in the Assembly.

      8.  A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

 

Rule No. 31.  Reserved.

 

Rule No. 32.  Announcement of the Vote.

      1.  A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

      2.  The announcement of the result of any vote shall not be postponed.

 

Rule No. 33.  Voting by Division.

      Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

 

The next rule is 40.

 

V.  LEGISLATIVE BODIES

 

Rule No. 40.  Standing Committees.

      The standing committees of the Assembly are as follows:

      1.  Ways and Means, fourteen members.

      2.  Judiciary, [fifteen] fourteen members.

      3.  [Taxation, twelve] Growth and Infrastructure, thirteen members.

      4.  Education, [twelve] eleven members.

      5.  Elections, Procedures, [and Ethics, ten] Ethics, and Constitutional Amendments, thirteen members.

      6.  Natural Resources, Agriculture, and Mining, [twelve] eleven members.

      7.  Transportation, [twelve] eleven members.

      8.  Commerce and Labor, fourteen members.

      9.  Health and Human Services, [ten] eleven members.

      10.  Government Affairs, thirteen members.

      [11.  Constitutional Amendments, five members.]

 

Rule No. 41.  Appointment of Committees.

      1.  Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.

      2.  To facilitate the full participation of the members during an adjournment called pursuant to NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

 


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2005 Statutes of Nevada, Page 2929 (File Number 3, AR 3)

 

appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

 

Rule No. 42.  Committee Action.

      1.  The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this Rule.

      2.  Except as limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.

      3.  Definite action on a bill or resolution will require a majority of the entire committee.

      4.  A two-thirds majority of the entire committee is required to reconsider action on a bill or resolution.

      5.  Committee introduction of legislative measures which are not prefiled requires concurrence of two-thirds of the entire committee and does not imply commitment to support final passage.

      6.  The chairman shall vote on all final action regarding bills or resolutions.

      7.  No member of the committee may vote by proxy under any circumstances.

      8.  A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.

 

Rule No. 43.  Subcommittees.

      Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.

 

Rule No. 44.  Committee on Elections, Procedures, [and Ethics.] Ethics, and Constitutional Amendments.

      The Committee on Elections, Procedures, [and] Ethics , and Constitutional Amendments has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attache or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.

 

Rule No. 45.  Procedure for Election Contests.

      1.  Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, Procedures, [and Ethics.] Ethics, and Constitutional Amendments. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.

      2.  The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided.

 


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2005 Statutes of Nevada, Page 2930 (File Number 3, AR 3)

 

party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

      3.  The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.

      4.  If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.

 

Rule No. 46.  Committee Action on Reports.

      Committee reports must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.

 

Rule No. 47.  Committee Records.

      The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:

      1.  The time and place of each meeting;

      2.  The attendance and absence of members;

      3.  The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and

      4.  The subjects or measures considered and action taken.

 

Rule No. 48.  Disposition of Committee Records.

      All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.

 

 


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2005 Statutes of Nevada, Page 2931 (File Number 3, AR 3)

 

Rule No. 49.  Committee Hearings.

      1.  The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.

      2.  Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness.

 

Rule No. 50.  Reserved.

 

Rule No. 51.  Reserved.

 

Rule No. 52.  Concurrent Referrals.

      When a bill or resolution is referred to two committees, the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee.

 

The next rule is 60.

 

VI.  RULES GOVERNING MOTIONS

 

Rule No. 60.  Entertaining.

      No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

 

Rule No. 61.  Reserved.

 

Rule No. 62.  Reserved.

 

Particular Motions

 

Rule No. 63.  Reserved.

 

Rule No. 64.  Reserved.

 

Rule No. 65.  Indefinite Postponement.

      When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.

 


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2005 Statutes of Nevada, Page 2932 (File Number 3, AR 3)

 

Rule No. 66.  To Strike Enacting Clause.

      A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

 

Rule No. 67.  Division of Question.

      Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

 

Rule No. 68.  To Reconsider—Precedence of.

      A motion to reconsider shall have 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.

 

The next rule is 80.

 

VII.  DEBATE

 

Rule No. 80.  Speaking on Question.

      No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

 

Rule No. 81.  Previous Question.

      The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

 

Rule No. 82.  Privilege of Closing Debate.

      The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

 

The next rule is 90.

 

VIII.  CONDUCT OF BUSINESS

 

A.  Rules and Procedure

 

Rule No. 90.  Mason’s Manual.

      The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.

 


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2005 Statutes of Nevada, Page 2933 (File Number 3, AR 3)

 

are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.

 

Rule No. 91.  Rescission, Change or Suspension of Rule.

      No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

 

Rule No. 92.  Notices of Bills, Topics and Public Hearings.

      1.  Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the Daily History and be made available to the news media. The Daily History must include the most current version of the notice that is available at the time the Daily History is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.

      2.  The noticing requirements of this Rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.

      3.  Subsection 1 does not apply to:

      (a) Committee meetings held on the floor of the Assembly during a recess; or

      (b) Conference committee meetings.

 

Rule No. 93.  Reserved.

 

Rule No. 94.  Privilege of the Floor and Lobbying.

      No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.

 

Rule No. 95.  Material Placed on Legislators’ Desks.

      All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This Rule does not apply to books containing the legislative bills and resolutions, the legislative Daily Histories, the legislative Daily Journals or Legislative Counsel Bureau material.

 

Rule No. 96.  Peddling, Begging and Soliciting.

      1.  Peddling, begging and soliciting are strictly forbidden in the Assembly Chambers, and in the lobby, gallery and halls adjacent thereto.

      2.  No part of the Assembly Chambers may be used for, or occupied by signs or other devices for any kind of advertising.

      3.  No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain.

 


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2005 Statutes of Nevada, Page 2934 (File Number 3, AR 3)

 

commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.

 

Rule No. 97.  Petitions and Memorials.

      Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

 

Rule No. 98.  Request of Purpose.

      A member may request the purpose of a bill or joint resolution upon its introduction.

 

Rule No. 99.  Remarks.

      It shall be in order for members to make remarks and to have such remarks entered in the Journal.

 

Rule No. 100.  Precedence of Parliamentary Authority.

      The precedence of parliamentary authority in the Assembly is:

      1.  The Constitution of the State of Nevada.

      2.  The Statutes of the State of Nevada.

      3.  The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.

      4.  Mason’s Manual of Legislative Procedure.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Privileged Questions.

      Privileged questions have precedence [of] over all others in the following order:

      1.  Motions to fix the time to which the Assembly shall adjourn.

      2.  Motions to adjourn.

      3.  Questions relating to the rights and privileges of the Assembly or any of its members.

      4.  A call of the House.

      5.  Motions for special orders.

 

Rule No. 103.  Reserved.

 

B.  Bills

 

Rule No. 104.  Reserved.

 

Rule No. 105.  Substitute Bills.

      A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.

 

 


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2005 Statutes of Nevada, Page 2935 (File Number 3, AR 3)

 

Rule No. 106.  Skeleton Bills.

      The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

 

Rule No. 107.  Reserved.

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

      The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.

 

Rule No. 110.  Second Reading and Amendment of Bills.

      1.  All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.

      2.  Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.

      3.  The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.

 

Rule No. 111.  Consent Calendar.

      1.  A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.

      2.  The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the Daily History and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

 


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2005 Statutes of Nevada, Page 2936 (File Number 3, AR 3)

 

include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

      3.  At any time before the presiding officer calls for a vote on the passage of the Consent Calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the Consent Calendar. If a member so requests, the Chief Clerk shall remove the bill from the Consent Calendar and transfer it to the Second Reading File. A bill removed from the Consent Calendar may not be restored to that Calendar.

      4.  During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.

      5.  When the Consent Calendar is brought to a vote, the bills remaining on the Consent Calendar must be read by number and summary and the vote must be taken on their final passage as a group.

 

Rule No. 112.  Reserved.

 

Rule No. 113.  General File.

      All bills reported to the Assembly, by either standing or special committees, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.

 

Rule No. 114.  Reserved.

 

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 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 unanimous consent. 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 may be made at once.

 

Rule No. 116.  Vetoed Bills.

      Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions.

 


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2005 Statutes of Nevada, Page 2937 (File Number 3, AR 3)

 

occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.

 

Rule No. 117.  Reserved.

 

C.  Resolutions

 

Rule No. 118.  Treated as Bills—Joint Resolutions.

      The procedure of enacting joint resolutions must be identical to that of enacting bills, except that:

      1.  Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and

      2.  Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.

 

Rule No. 119.  Reserved.

 

D.  Order of Business

 

Rule No. 120.  Order of Business.

      The Order of Business must be as follows:

      1.  Call to Order.

      2.  Reading and Approval of Journal.

      3.  Presentation of Petitions.

      4.  Reports of Standing Committees.

      5.  Reports of Select Committees.

      6.  Communications.

      7.  Messages from the Senate.

      8.  Motions, Resolutions and Notices.

      9.  Introduction, First Reading and Reference.

      10.  Consent Calendar.

      11.  Second Reading and Amendment.

      12.  General File and Third Reading.

      13.  Unfinished Business of Preceding Day.

      14.  Special Orders of the Day.

      15.  Remarks from the Floor, limited to 10 minutes.

 

Rule No. 121.  Reserved.

 

 


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2005 Statutes of Nevada, Page 2938 (File Number 3, AR 3)

 

Rule No. 122.  [Renumbered as Rule No. 102 and reserved for future use.] Reserved.

 

Rule No. 123.  [Renumbered as Rule No. 82 and reserved for future use.] Reserved.

 

Rule No. 124.  Reserved.

 

Rule No. 125.  Reserved.

 

Rule No. 126.  [Renumbered as Rule No. 116 and reserved for future use.] Reserved.

 

Rule No. 127.  Reserved.

 

Rule No. 128.  Reserved.

 

The next rule is 140.

 

IX.  LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

 

Rule No. 140.  Compensation of Witnesses.

      Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

 

Rule No. 141.  Use of the Assembly Chamber.

      The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

________

 

FILE NUMBER 4, SR 1

Senate Resolution No. 1–Senators Raggio and Titus

 

FILE NUMBER 4

 

Senate RESOLUTION—Adopting the Standing Rules of the Senate for the 73rd Session of the Legislature.

 

      Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 72nd Session are adopted, with the following changes, as the Standing Rules of the Senate for the 73rd Session of the Legislature:

 

I.  OFFICERS AND EMPLOYEES

 

Duties of Officers

 

Rule No. 1.  President.

      The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber.

 


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2005 Statutes of Nevada, Page 2939 (File Number 4, SR 1)

 

Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

 

Rule No. 2.  President pro Tem.

      The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative [Affairs and] Operations and Elections shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative [Affairs and] Operations and Elections shall preside. In the absence of the Vice Chairman of the Committee on Legislative [Affairs and Operations,] Operations and Elections, the Senate shall elect one of its members as the presiding officer for that occasion.

 

Rule No. 3.  Secretary.

      1.  The Secretary of the Senate is elected by the Senate, and shall:

      (a) Interview and recommend to the Committee on Legislative [Affairs and] Operations and Elections persons to be considered for employment to assist the Secretary.

      (b) See that these employees perform their respective duties.

      (c) Administer the daily business of the Senate, including the provision of secretaries to its committees.

      (d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.

      2.  The Secretary is responsible to the Majority Leader.

 

Rule No. 4.  Sergeant at Arms.

      1.  The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.

      2.  The Sergeant at Arms shall:

      (a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.

      (b) Interview and recommend to the Committee on Legislative [Affairs and] Operations and Elections persons to be considered for employment to assist the Sergeant at Arms.

      3.  The Sergeant at Arms is responsible to the Majority Leader.

 

Rule No. 5.  Assistant Sergeant at Arms.

      The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.

 

 


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2005 Statutes of Nevada, Page 2940 (File Number 4, SR 1)

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

II.  SESSIONS AND MEETINGS

 

Rule No. 10.  Time of Meeting.

      The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.

 

Rule No. 11.  Call of Senate—Moved by Three Members.

      A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

 

Rule No. 12.  Absence—Leave Required.

      No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.

 

Rule No. 13.  Open Meetings.

      1.  Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.

      2.  A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

 

The next rule is 20.

 

III.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

      1.  If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.

      2.  Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”

 

Rule No. 21.  Breaches of Decorum.

      1.  In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.

 


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2005 Statutes of Nevada, Page 2941 (File Number 4, SR 1)

 

      2.  If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

      3.  Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.

 

The next rule is 30.

 

IV.  QUORUM, VOTING, ELECTIONS

 

Rule No. 30.  Recorded Vote—Three Required to Call For.

      1.  A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate.

      2.  The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered in the Journal.

 

Rule No. 31.  President to Decide—Tie Vote.

      A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.

 

Rule No. 32.  Manner of Election—Voting.

      1.  In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.

      2.  When a recorded vote is taken, no Senator may:

      (a) Vote except when at his seat;

      (b) Vote upon any question in which he is in any way personally or directly interested;

      (c) Explain his vote or discuss the question while the voting is in progress; or

      (d) Change his vote after the result is announced.

      3.  The announcement of the result of any vote must not be postponed.

 

The next rule is 40.

 

V.  LEGISLATIVE BODIES

 

Rule No. 40.  Standing Committees.

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

      (a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily titles [52-57,] 52-56 of NRS, and chapters 118B, 461, 461A, 489, [701-704B] 679A-693A, 694A-704B and 707-712 of NRS, except measures affecting primarily state and local revenue.

 


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2005 Statutes of Nevada, Page 2942 (File Number 4, SR 1)

 

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

      (c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and titles [18-22, 24, 25, 27-31 and 36] 20-22, 25, 27, 28, 30 and 31 of NRS, and chapters [281-285, 287-289,] 223-232A, 233, 233A, 233C-239, 240-242, 407 and 720 of NRS, except measures affecting primarily [the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases,] state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency.

      (d) Human Resources and Education, seven members, with jurisdiction over measures primarily affecting titles 33 [,] and 37-39 [and 42] of NRS, and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 , 472-475, 477 and 583-585 of NRS, except measures affecting primarily state and local revenue.

      (e) Judiciary, seven members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 1-9, [11-16,] 11-14, 16 and 41 of NRS, and chapters 111-118A, 119-120A , 193-195, 199-201, 204-207, and 719 of NRS, except measures affecting primarily state and local revenue.

      (f) Legislative [Affairs and Operations,] Operations and Elections, seven members, with jurisdiction over measures affecting primarily title 17 of NRS, except the districts from which members of the Legislature are elected [,] and their qualifications, resignations and privileges, titles 24 and 29 of NRS, and chapters 232B, 233B, 281-285 and 287-289 of NRS, and the operation of the legislative session, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases and state and local revenue.

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

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

      (i) Transportation [,] and Homeland Security, seven members, with jurisdiction over measures affecting primarily [title] titles 36 and 44 of NRS, and chapters 196-198, 202, 203, 239A-239C, 403-405, 408, 410, 459, 476, 480-487, 693B, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

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

 


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2005 Statutes of Nevada, Page 2943 (File Number 4, SR 1)

 

Rule No. 41.  [Reserved.] Appointment of Alternates.

      If the chairman or any member of a committee is temporarily unable to perform his duties, the Majority Leader shall appoint an alternate of the same political party to serve in his place for such time as is determined by the Majority Leader.

 

Rule No. 42.  Committee Expenses.

      No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.

 

Rule No. 43.  Duties of Committees.

      The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter [committed or] referred to them by the Senate.

 

Rule No. 44.  Committee on Legislative [Affairs and Operations.] Operations and Elections.

      The Committee on Legislative [Affairs and] Operations and Elections shall recommend by resolution the appointment of all attaches and employees of the Senate not otherwise provided for by law. It may suspend any attache or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the Committee on matters of ethics or conflicts of interest are open to the public unless otherwise authorized to be closed to the public by Section 15 of Article 4 of the Constitution of the State of Nevada.

 

Rule No. 45.  Reserved.

 

Rule No. 46.  Forming Committee of the Whole.

      In forming the Committee of the Whole, the Senator who has so moved shall name a Chairman to preside, and all bills considered shall be read by sections, and the Chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the Committee shall be reported by the Chairman to the Senate.

 

Rule No. 47.  Rules Applicable to Committee of the Whole.

      The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the Committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the Committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the Chairman of the Committee.

 

 


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2005 Statutes of Nevada, Page 2944 (File Number 4, SR 1)

 

Rule No. 48.  Motion to Rise Committee of the Whole.

      A motion that the Committee rise shall always be in order, and shall be decided without debate.

 

Rule No. 49.  Reference to Committee.

      When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.

 

Rule No. 50.  Return From Committee.

      1.  Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, [recommitment,] for re-referral, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.

      2.  No such motion is in order:

      (a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or

      (b) On the last day of the session, or on the day preceding the last day of the session.

      3.  This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.

 

Rule No. 51.  Reserved.

 

Rule No. 52.  Reserved.

 

Rule No. 53.  Committee Rules.

      1.  The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual of Legislative Procedure must be followed.

      2.  A majority of any committee constitutes a quorum for the transaction of business.

      3.  A meeting of a committee may not be opened without a quorum present.

      4.  In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.

      5.  A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.

      6.  Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee. If a subcommittee is so appointed, the committee shall determine whether the subcommittee shall keep minutes of its meetings. Any minutes required to be kept pursuant to this subsection must comply with the provisions of subsection 12.

      7.  A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote.

 


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2005 Statutes of Nevada, Page 2945 (File Number 4, SR 1)

 

voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.

      8.  All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.

      9.  Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.

      10.  Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.

      11.  Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.

      12.  All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.

      13.  In addition to the minutes, the committee secretary shall maintain a record of all bills, including:

      (a) Date bill referred;

      (b) Date bill received;

      (c) Date set for hearing the bill;

      (d) Date or dates bill heard and voted upon; and

      (e) Date report prepared.

      14.  Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.

      15.  All committee minutes and any subcommittee minutes required to be kept pursuant to subsection 6 are open to public inspection upon request and during normal business hours.

 

Rule No. 54.  Review of State Agency Programs.

      In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.

 

The next rule is 60.

 

 


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2005 Statutes of Nevada, Page 2946 (File Number 4, SR 1)

 

VI.  RULES GOVERNING MOTIONS

 

A.  Motions Generally

 

Rule No. 60.  Entertaining.

      1.  No motion may be debated until it is announced by the President.

      2.  By consent of the Senate, a motion may be withdrawn before amendment or decision.

 

Rule No. 61.  Precedence of Motions.

      When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:

      1.  To adjourn.

      2.  For a call of the Senate.

      3.  To lay on the table.

      4.  For the previous question.

      5.  To postpone to a day certain.

      6.  To [commit.] refer to committee.

      7.  To amend.

      8.  To postpone indefinitely.

      The first four shall be decided without debate.

 

Rule No. 62.  When Not Entertained.

      1.  When a motion to [commit,] refer to committee, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.

      2.  When a question has been postponed indefinitely, it must not again be introduced during the session unless this rule is suspended by a two-thirds vote.

      3.  There must be no reconsideration of a vote on a motion to postpone indefinitely.

 

B.  Particular Motions

 

Rule No. 63.  To Adjourn.

      A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.

 

Rule No. 64.  Lay on the Table.

      A motion to lay on or take from the table shall be carried by a majority vote.

 

Rule No. 65.  Reserved.

 

Rule No. 66.  To Strike Enacting Clause.

      A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to [commit] refer to committee or to amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.

 

 


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2005 Statutes of Nevada, Page 2947 (File Number 4, SR 1)

 

Rule No. 67.  Division of Question.

      1.  Any Senator may call for a division of a question.

      2.  A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.

      3.  A motion to strike out and insert must not be divided.

 

Rule No. 68.  To Reconsider—Precedence of.

      1.  A motion to reconsider 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. 69.  Explanation of Motion.

      Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.

 

The next rule is 80.

 

VII.  DEBATE

 

Rule No. 80.  Speaking on Question.

      1.  Every Senator who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.

      2.  No Senator may speak:

      (a) More than twice during the consideration of any one question on the same day, except for explanation.

      (b) A second time without leave when others who have not spoken desire the floor.

      3.  Incidental and subsidiary questions arising during debate shall not be considered the same question.

 

Rule No. 81.  Previous Question.

      The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be [now] put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.

 

The next rule is 90.

 

 


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2005 Statutes of Nevada, Page 2948 (File Number 4, SR 1)

 

VIII.  CONDUCT OF BUSINESS

 

A.  Generally

 

Rule No. 90.  Mason’s Manual.

      The rules of parliamentary practice contained in Mason’s 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.

 

Rule No. 91.  Suspension of Rule.

      No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended . [; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.]

 

Rule No. 92.  Notices of Bills, Topics and Public Hearings.

      Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.

      This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.

 

Rule No. 93.  Protest.

      Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.

 

Rule No. 94.  Privilege of the Floor.

      1.  To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:

      (a) State officers;

      (b) Officers and members of the Senate;

      (c) Employees of the Legislative Counsel Bureau;

      (d) Attaches and employees of the Senate; and

      (e) Members of the Assembly whose presence is required for the transaction of business.

      2.  Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.

      3.  A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.

 


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2005 Statutes of Nevada, Page 2949 (File Number 4, SR 1)

 

      4.  The Senate Chamber may not be used for any business other than legislative business during a legislative session.

 

Rule No. 95.  Material Placed on Legislators’ Desks.

      1.  Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.

      2.  This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.

 

Rule No. 96.  Reserved.

 

Rule No. 97.  Petitions and Memorials.

      The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.

 

Rule No. 98.  Reserved.

 

Rule No. 99.  Reserved.

 

Rule No. 100.  Reserved.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Objection to Reading of Paper.

      Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.

 

Rule No. 103.  Questions Relating to Priority of Business.

      All questions relating to the priority of business shall be decided without debate.

 

B.  Bills

 

Rule No. 104.  Reserved.

 

Rule No. 105.  Reserved.

 

Rule No. 106.  Skeleton Bills.

      Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

 

 


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2005 Statutes of Nevada, Page 2950 (File Number 4, SR 1)

 

Rule No. 107.  Information Concerning Bills.

      1.  Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information may be provided by:

      (a) The Senator introducing the bill;

      (b) The person requesting a committee introduction of the bill; or

      (c) The chairman of a committee introducing the bill.

      2.  The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.

      3.  The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

      1.  Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.

      2.  The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

      3.  No bill may be [committed] referred to committee until once read, nor amended until twice read.

      4.  The third reading of every bill must be by sections.

 

Rule No. 110.  Second Reading File—Consent Calendar.

      1.  All bills or joint resolutions reported by committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.

      2.  A committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:

      (a) An amendment of the bill or joint resolution is recommended;

      (b) It contains an appropriation;

      (c) It requires a two-thirds vote of the Senate; or

      (d) It is controversial in nature.

      3.  A bill or joint resolution recommended for placement on the Consent Calendar must be included in the Daily File listed in the Daily History of the Senate at least 1 calendar day before it may be considered.

      4.  A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.

      5.  When the Consent Calendar is called [, the] :

      (a) The bills remaining on the Consent Calendar must be read by number and summary, and the vote must be taken on their final passage as a group.

      (b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.

 

 


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2005 Statutes of Nevada, Page 2951 (File Number 4, SR 1)

 

Rule No. 111.  Printing.

      An appropriate number of copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.

 

Rule No. 112.  [Reserved.] Sponsorship.

      A Senator may rise and request that his name be removed as a sponsor of a bill or resolution that is introduced in the Senate at any time before the bill or resolution is passed out of the Senate to the second House.

 

Rule No. 113.  Reading of Bills—General File.

      1.  Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be ordered to the General File. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and ordered to the General File. The File must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.

      2.  Any member may move to amend a bill during its reading on the Second Reading File or during its third reading and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and engrossed or reengrossed.

      3.  An appropriate number of copies of all amended bills must be printed.

 

Rule No. 114.  [Commitment] Referral of Bill With Special Instructions.

      A bill may be [committed] referred to committee with special instructions to amend at any time before taking the final vote.

 

Rule No. 115.  Reconsideration of Vote on Bill.

      1.  On the day after the final vote on any bill, the 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 may be made and decided at once.

 

Rule No. 116.  Reserved.

 

Rule No. 117.  Different Subject Not Admitted as Amendment.

      No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.

 

 


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2005 Statutes of Nevada, Page 2952 (File Number 4, SR 1)

 

C.  Resolutions

 

Rule No. 118.  Treated as Bills.

      Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the Constitution shall be entered in the Journal in its entirety.

 

Rule No. 119.  Treated as Motions.

      Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.

 

Rule No. 120.  Order of Business.

      1.  Roll Call.

      2.  Prayer and Pledge of Allegiance to the Flag.

      3.  Reading and Approval of the Journal.

      4.  Reports of Committees.

      5.  Messages from the Governor.

      6.  Messages from the Assembly.

      7.  Communications.

      8.  Waivers and Exemptions.

      9.  Motions, Resolutions and Notices.

      10.  Introduction, First Reading and Reference.

      11.  Consent Calendar.

      12.  Second Reading and Amendment.

      13.  General File and Third Reading.

      14.  Unfinished Business.

      15.  Special Orders of the Day.

      16.  Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.

 

Rule No. 121.  Privilege.

      Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.

 

Rule No. 122.  Reserved.

 

Rule No. 123.  Reserved.

 

Rule No. 124.  Preference to Speak.

      When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.

 

Rule No. 125.  Special Order.

      The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

 


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2005 Statutes of Nevada, Page 2953 (File Number 4, SR 1)

 

two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

 

Rule No. 126.  Reserved.

 

Rule No. 127.  Reserved.

 

Rule No. 128.  Reserved.

 

Rule No. 129.  Reserved.

 

D.  Contests of Elections

 

Rule No. 130.  Procedure.

      1.  The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:

      (a) That the election board or any member thereof was guilty of malfeasance.

      (b) That a person who has been declared elected to an office was not at the time of election eligible to that office.

      (c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.

      (d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

      (e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.

      (f) That there was a possible malfunction of any voting or counting device.

      2.  The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

      3.  The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

 

The next rule is 140.

 

 


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2005 Statutes of Nevada, Page 2954 (File Number 4, SR 1)

 

IX.  LEGISLATIVE INVESTIGATIONS

 

Rule No. 140.  Compensation of Witnesses.

      Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

________

 

FILE NUMBER 5, SR 2

Senate Resolution No. 2–Senators Raggio and Titus

 

FILE NUMBER 5

 

Senate RESOLUTION—Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.

 

      Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President Pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chairman of each standing committee of the Senate for postage, telephone tolls and other charges for communications is $900; and be it further

      Resolved, That these amounts be certified by the President and the Secretary to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.

________

 

FILE NUMBER 6, SR 3

Senate Resolution No. 3–Senators Raggio and Titus

 

FILE NUMBER 6

 

Senate RESOLUTION—Providing for the appointment of the Senate Attaches.

 

      Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 73rd Session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Lydia Lee, Jane Gill, Ruth B. Pierini, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus, Rebecca M. Harris, Shirley Hammon, Betty Christenson, Joan Thran, Sandy Arraiz, Dorothy Souza, Donna Esposito, Billie Brinkman, Mollie Miller, Antonio Gutierrez, Stella Blood, Jeanne Baret, JoAnn Wessel, Lela Uptergrove, Bob Adney, Michael Archer, Cathy Barstad, Ricka Benum, Cynthia Clampitt, Cynthia Cook, Tonya Cort, Jo Greenslate, Lynn Hendricks, Susan E. Hult, Delia John, Ardyss Johns, Lee-Ann Keever, Kekuhaupio F. Kamalani, Olivia Lodato, Maudie Long, Gayle Maynard, Terri Miller, Tanya Morrison, Barbara Moss, Juliet W. Newman, Emily Nichols, Candice Nye, Shirley Parks, Dee Crawford-Ramsey, Irene Rawlings, Linda E. Reed, Brooke T. Reid, Sherry Rodriguez, Marion Sandoval, Paula M.

 


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2005 Statutes of Nevada, Page 2955 (File Number 6, SR 3)

 

Sandoval, Paula M. Saponaro, Mary Savarese, Mavis Scarff, Makita Schichtel, Jonathan Sherwood, Carolyn Simnad, Sandra Small, Genevieve Tetherton, Judith Toscano, Patricia Vardakis, Anne Vorderbruggen, Ellen L. West, Elisabeth Williams, Johnnie Lorraine Willis, Donna Winter, Leticia Wischmeier, Jeanine M. Wittenberg, Carolyn Wood, Norman Wessel, Sharon Carter, Frank Baird, John Clendening, Thomas Keeley Evans, Gail Herstead, Elaine Walker, Emory Lee Crews, Mary Thompson, Janet Meredith, Patty Woodworth, Jeff Benum, Alyce King, John Perondi, Joe Pieretti, James Silsby, Candy Trenoweth and Fred White.

________

 

FILE NUMBER 7, ACR 1

Assembly Concurrent Resolution No. 1–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 7

 

Assembly Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 73rd Session of the Legislature.

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That, the Joint Rules of the Senate and Assembly as amended by the 72nd Session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 73rd Session of the Legislature:

 

CONFERENCE COMMITTEES

 

Rule No. 1.  Procedure Concerning.

      In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses.

      The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.

      The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.

 


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2005 Statutes of Nevada, Page 2956 (File Number 7, ACR 1)

 

      There shall be but two conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.

 

MESSAGES

 

Rule No. 2.  Procedure Concerning.

      Proclamations by the Governor convening the Legislature in extra session shall, by direction of the presiding officer of each House, be read immediately after the convening thereof, filed and entered in full in the Journal of proceedings.

      Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The Secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct the biennial message of the Governor to be received and read, and all special messages to be received, read and entered in full in the Journal of proceedings.

      Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

 

NOTICE OF FINAL ACTION

 

Rule No. 3.  Communications.

      Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.

 

BILLS AND JOINT RESOLUTIONS

 

Rule No. 4.  Signature.

      Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.

 

Rule No. 5.  Joint Sponsorship.

      1.  A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the chairman of the committee, set forth the name of a standing committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.

 


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2005 Statutes of Nevada, Page 2957 (File Number 7, ACR 1)

 

      2.  A bill or resolution introduced by one or more Legislators elected to one House may, at the direction of the Legislator who brings the bill or resolution forward for introduction, set forth the names of one or more Legislators who are members elected to the other House and who wish to be primary joint sponsors or non-primary joint sponsors of the bill or resolution. [The number of primary joint sponsors must not exceed five per bill or resolution.] Not more than five Legislators from each House may be set forth on the face of a bill or resolution as primary joint sponsors. The names of each primary joint sponsor and non-primary joint sponsor must be set forth on the face of the bill or resolution in the following order immediately below the date on which the bill or resolution is introduced:

      (a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and

      (b) The name of each non-primary joint sponsor, in alphabetical order.

      3.  The Legislative Counsel shall not cause to be printed the name of a standing committee as a joint sponsor on the face of a bill or resolution unless the chairman of the committee has signed his name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5. The Legislative Counsel shall not cause to be printed the name of a Legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the Legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5.

      4.  Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.

      5.  Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the chairman of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.

      6.  An amendment that proposes to add or remove a primary joint sponsor or non-primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor or non-primary joint sponsor.

 

 


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2005 Statutes of Nevada, Page 2958 (File Number 7, ACR 1)

 

PRINTING

 

Rule No. 6.  Ordering and Distribution.

      Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.

 

RESOLUTIONS

 

Rule No. 7.  Types, Usage and Approval.

      1.  A joint resolution must be used to:

      (a) Propose an amendment to the Nevada Constitution.

      (b) Ratify a proposed amendment to the United States Constitution.

      (c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.

      2.  A concurrent resolution must be used to:

      (a) Amend these Joint Rules.

      (b) Request the return from the Governor of an enrolled bill for further consideration.

      (c) Resolve that the return of a bill from one House to the other House is necessary and appropriate.

      (d) Express facts, principles, opinion and purposes of the Senate and Assembly.

      (e) Establish a joint committee of the two Houses.

      (f) Direct the Legislative Commission to conduct an interim study.

      3.  A concurrent resolution or a resolution of one House may be used to:

      (a) Memorialize a former member of the Legislature or other notable or distinguished person upon his death.

      (b) Congratulate or commend any person or organization for a significant and meritorious accomplishment, but any request for drafting the resolution must be approved by the Senate Committee on Legislative [Affairs and] Operations and Elections or the Assembly Committee on Elections, Procedures, [and] Ethics , and Constitutional Amendments before submission to the Legislative Counsel.

 

VETOES

 

Rule No. 8.  Special Order.

      Bills which have passed [a previous] the Legislature, and which are [transmitted to the Legislature next sitting,] accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?”

 


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and bill shall be read in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.

 

ADJOURNMENT

 

Rule No. 9.  Limitations and Calculation of Duration.

      1.  In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment must not be counted but the day of the next meeting must be counted, and Sunday must not be counted.

      2.  The Legislature may adjourn for more than 3 days by motion based on mutual consent of the Houses or by concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.

 

Rule No. 9.5.  Adjournment Sine Die.

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

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

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

 

EXPENDITURES FROM THE LEGISLATIVE FUND

 

Rule No. 10.  Manner of Authorization.

      Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.

 

LEGISLATIVE COMMISSION

 

Rule No. 11.  Membership and Organization.

      1.  When members of the minority party in the Senate or in the Assembly comprise less than 34 percent of the total number elected to that House, minority party membership for that House on the Legislative Commission must be:

      (a) One, if such membership is less than 21 percent.

      (b) Two, if such membership is between 21 percent and 33 percent. If the members of the minority party in the Senate or in the Assembly comprise more than 33 percent of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.

 


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more than 33 percent of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.

      2.  Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.

      3.  A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislator’s ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman of the same party.

      4.  If for any reason a member is or will be absent from a meeting and there are no alternates available, the Chairman of the Commission may appoint a member of the same House and political party to attend the meeting as an alternate.

      5.  The members shall serve until their successors are appointed by resolution as provided in NRS 218.660, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this Rule.

      6.  The Chairman shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his successor is appointed following the formation of the next Legislative Commission.

 

RECORDS OF COMMITTEE PROCEEDINGS

 

Rule No. 12.  Duties of Secretary of Committee and Director.

      1.  Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.

      2.  The secretary of a standing committee shall:

      (a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;

      (b) Keep the records in chronological order; and

      (c) Deposit the records immediately following the final adjournment of any regular or special session of the Legislature with the Director of the Legislative Counsel Bureau.

      3.  The Director of the Legislative Counsel Bureau shall:

      (a) Index the records;

      (b) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary;

      (c) Maintain a log as a public record containing the date, time, name and address of any person accessing any of the records and identifying the records accessed; and

      (d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.

 

 


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LIMITATIONS ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES

 

Rule No. 14.  Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.

      1.  Except as otherwise provided in subsection 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 8th calendar day of the legislative session, not more than:

      (a) Two requests from each Assemblyman; and

      (b) Four requests from each Senator,

for the drafting of a bill or resolution.

      2.  Except as otherwise provided in subsections 4 and 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 22nd calendar day of the legislative session, not more than 50 requests, in total, from the standing committees of each House for the drafting of a bill [.] or joint resolution. The Majority Leader of the Senate and the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill that may be submitted by each standing committee of their respective Houses, within the limit provided by this subsection. The lists may be revised any time before the 22nd day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.

      3.  A request for the drafting of a bill or resolution that is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.

      4.  A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.

      5.  The Legislative Counsel shall not honor a request for the drafting of a bill or resolution submitted by a member or standing committee of the Senate or Assembly unless such information as is required to draft the measure is submitted to the Legislative Counsel with the request.

      6.  A measure introduced by a standing committee at the request of a Legislator or organization must indicate the Legislator or organization at whose request the measure was drafted.

      7.  The following measures must be introduced by a standing committee:

      (a) Measures drafted at the request of agencies and officers of the Executive Branch of State Government, local governments, the courts and other authorized nonlegislative requesters.

      (b) Measures requested by interim legislative studies.

      (c) Bills requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills requested by or on behalf of a standing committee must be introduced by that committee.

      8.  Resolutions requested by or on behalf of a standing committee may be introduced by an individual member.

 


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      9.  If two or more measures are being considered in the same House which are substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.

      10.  A Legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

 

Rule No. 14.2.  Limitations on Time for Introduction of Legislation.

      1.  Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

      (a) Unless the provisions of paragraph (b) or (c) are applicable, a bill or joint resolution may only be introduced on or before:

             (1) The 10th calendar day following delivery of the introductory copy of the bill [;] or joint resolution; or

             (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

whichever is earlier.

      (b) If a bill or joint resolution requires revision after the introductory copy has been delivered, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 10th calendar day following delivery of the introductory copy of the bill [.] or joint resolution. The revised bill or joint resolution may only be introduced on or before:

             (1) The 15th calendar day following delivery of the original introductory copy of the bill [;] or joint resolution; or

             (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

whichever is earlier.

      (c) If the bill or joint resolution requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill [.] or joint resolution. A bill or joint resolution revised pursuant to this subsection may only be introduced on or before:

             (1) The 20th calendar day following delivery of the original introductory copy of the bill [;] or joint resolution; or

             (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

whichever is earlier.

      (d) Except as otherwise provided in subsection 3, the last day for introduction of a bill or joint resolution that was requested by:

             (1) A Legislator is the 43rd calendar day of the legislative session.

             (2) A standing or interim committee or other requester is the [50th] 51st calendar day of the legislative session.

      2.  The Legislative Counsel shall indicate on the face of the introductory copy of each bill or joint resolution the final date on which the bill or joint resolution may be introduced.

      3.  If the final date on which the bill or joint resolution may be introduced falls upon a day on which the House in which the bill or joint resolution is to be introduced is not in session, the bill or joint resolution may be introduced on the next day that the House is in session.

 


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SCHEDULE FOR ENACTMENT OF BILLS

 

Rule No. 14.3.  Final Dates for Action by Standing Committees and Houses.

      Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

      1.  The final standing committee to which a bill or joint resolution is referred in its House of origin may only take action on the bill or joint resolution on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

      2.  Final action on a bill or joint resolution may only be taken by the House of origin on or before the 79th calendar day of the legislative session.

      3.  The final standing committee to which a bill or joint resolution is referred in the second House may only take action on the bill or joint resolution on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

      4.  Final action on a bill or joint resolution may only be taken by the second House on or before the 110th calendar day of the legislative session.

No notice of reconsideration of any final vote on a bill or joint resolution is in order on the last day on which final action is allowed.

 

Rule No. 14.4.  Emergency Requests.

      1.  After a legislative session has convened:

      (a) The Majority Leader of the Senate and the Speaker of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than five requests for the drafting of a bill or resolution.

      (b) The Minority Leader of the Senate and the Minority Leader of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than two requests for the drafting of a bill or resolution.

      2.  A request submitted pursuant to subsection 1:

      (a) May be submitted at any time during the legislative session and is not subject to any of the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3.

      (b) Is in addition to, and not in lieu of, any other requests for the drafting of a bill or resolution that are authorized to be submitted to the Legislative Counsel by the Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate or Minority Leader of the Assembly.

      3.  The list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475 must include the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested each bill or resolution pursuant to this Rule. If the request was made on behalf of another Legislator or a standing committee, the list must also include the name of the Legislator or standing committee on whose behalf the bill or resolution was requested.

 


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      4.  The Legislative Counsel shall cause to be printed on the face of the introductory copy of all reprints of each bill or resolution requested pursuant to this Rule the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested the bill or resolution.

 

Rule No. 14.5.  Waivers.

      1.  At the request of a Legislator or a standing or select committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.

      2.  A waiver granted pursuant to subsection 1:

      (a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.

      (b) Must indicate the date on which the waiver is granted.

      (c) Must indicate the Legislator or committee on whose behalf the waiver is being granted.

      (d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill or resolution.

      (e) Must indicate the provisions to which the waiver applies.

      (f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.

      3.  The Legislative Counsel shall not honor a request for the drafting of a new bill or resolution for which a waiver is granted pursuant to this Rule unless such information as is required to draft the bill or resolution is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.

      4.  Upon the receipt of a written waiver granted pursuant to this Rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the Journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill or resolution must be included as a part of the history of the bill or resolution after introduction.

      5.  The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill or resolution.

      6.  No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed by a waiver.

 

Rule No. 14.6.  Exemptions.

      1.  Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which:

      (a) Contains an appropriation; or

      (b) Has been determined by the Fiscal Analysis Division to:

             (1) Authorize the expenditure by a state agency of sums not appropriated from the State General Fund or the State Highway Fund;

 


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             (2) Create or increase any significant fiscal liability of the State;

             (3) Implement a budget decision; or

             (4) Significantly decrease any revenue of the State,

is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term “exempt” for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt or eligible for exemption after it is printed. [A notation of each exemption granted] When a bill is determined to be exempt or eligible for an exemption after the bill was printed a notation must be included as a part of the history of the bill on the next practicable legislative day. The term “exempt” must be printed on the face of all [subsequent] reprints of the bill [.] after the bill becomes exempt.

      2.  Unless exempt pursuant to paragraph (a) of subsection 1, all of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until [it is determined to be] the bill becomes exempt pursuant to subsection 1. A bill [determined to be] that has become exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.

      3.  A cumulative list of all bills determined by the Fiscal Analysis Division pursuant to subsection 1 to be exempt or eligible for exemption after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.

      4.  The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:

      (a) A [bill required to carry] measure that primarily relates to carrying out the business of the Legislature.

      (b) A bill returned from enrollment for a technical correction.

      (c) A bill that was previously enrolled but, upon request of the Legislature, has been returned from the Governor for further consideration.

 

Rule No. 14.7.  Amendments.

      1.  The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.

      2.  For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.

      3.  This Rule must be narrowly construed to carry out the purposes for which it was adopted which is to ensure the effectiveness of the limitations set forth in Joint Standing Rules Nos. 14, 14.2 and 14.3.

 

 


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CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS

 

Rule No. 15.  Tenure and Performance of Statutory Duties.

      1.  Except as otherwise provided in subsections 2 and 3, the tenure of the President Pro Tem, Majority Leader and Minority Leader of the Senate and the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader of the Assembly extends during the interim between regular sessions of the Legislature.

      2.  The Senators designated to be the President Pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.

      3.  The Assemblymen designated to be the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.

 

INTRODUCTION OF LEGISLATION REQUESTED BY STATE OR LOCAL GOVERNMENT

 

Rule No. 16.  Delivery of Bill Drafts Requested by State Agencies and Local Governments.

      1.  Except as otherwise provided in subsection 2, on or before the third legislative day, the Legislative Counsel shall randomly deliver, in equal amounts, all legislative measures drafted at the request of any state agency or department or any local government to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction.

      2.  Any legislative measure properly requested in accordance with NRS 218.241 and 218.245 by any state agency or department or any local government which has not been drafted before the third legislative day must, upon completion, be immediately and randomly delivered, in equal amounts, by the Legislative Counsel to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction.

 

DATE OF FIRST JOINT BUDGET HEARING

 

Rule No. 17.  Requirement.

      The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the State must be held on or before the 89th calendar day of the regular session.

 

 


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CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR CERTAIN TREATMENT OR SERVICES

 

Rule No. 18.  Topics of Consideration.

      Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this State to provide coverage for any treatment or service shall review the bill giving consideration to:

      1.  The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this State;

      2.  The extent to which coverage for the treatment or service is currently available;

      3.  The extent to which the required coverage may increase or decrease the cost of the treatment or service;

      4.  The effect the required coverage will have on the cost of obtaining policies of health insurance in this State;

      5.  The effect the required coverage will have on the cost of health care provided in this State; and

      6.  Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.

 

INTERIM FINDINGS AND RECOMMENDATIONS OF LEGISLATIVE COMMITTEES

 

Rule No. 19.  Date for Reporting.

      Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, no later than the 14th calendar day of the regular session, inform interested members of the Senate and Assembly of those findings and recommendations.

 

POLICY AND PROCEDURES REGARDING SEXUAL HARASSMENT

 

Rule No. 20.  Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.

      1.  The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all Legislators and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.

      2.  In accordance with Title VII of the Civil Rights Act, for the purposes of this Rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

      (a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;

      (b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or

 


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      (c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

      3.  Each person subject to these Rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:

      (a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;

      (b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

      (c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;

      (d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and

      (e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,

when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

      4.  A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.

      5.  If a Legislator believes he is being sexually harassed on the job, he may file a written complaint with:

      (a) The Speaker of the Assembly;

      (b) The Majority Leader of the Senate; or

      (c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.

The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.

      6.  Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of Legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.

      7.  If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee on Elections, Procedures, Ethics, and Constitutional Amendments of the Assembly or the Committee on Legislative Operations and Elections of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.

 


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one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.

      8.  The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.

      9.  If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.

      10.  The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.

      11.  The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.

      12.  Action taken by a complainant pursuant to this Rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.

      13.  All Legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, Legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.

      14.  This policy does not create any enforceable legal rights in any person.

 

VOTE ON GENERAL APPROPRIATION BILL

 

Rule No. 21.  Waiting Period Between Introduction and Final Passage.

      A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its House of origin.

 

USE OF LOCK BOXES BY STATE AGENCIES

 

Rule No. 22.  Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.

      To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.

 

 


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2005 Statutes of Nevada, Page 2970 (File Number 7, ACR 1)

 

agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.

________

 

FILE NUMBER 8, SCR 1

Senate Concurrent Resolution No. 1–Senators Raggio and Titus

 

FILE NUMBER 8

 

Senate Concurrent RESOLUTION—Providing for the compensation of the clergy for services rendered to the Senate and Assembly during the 21st Special Session and the 73rd Session of the Nevada Legislature.

 

      Whereas, The members of the 21st Special Session and the 73rd Session of the Nevada Legislature appreciate the daily religious services that are rendered by members of the clergy representing various denominations; and

      Whereas, The invocations offered by the clergy provide inspiration and guidance for the members of the Nevada Legislature as they face the challenges and demands of a legislative session; and

      Whereas, A reasonable compensation should be provided for the clergy who perform such services; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the Legislative Fund to the members of the clergy who performed religious services for the Senate and the Assembly during the 21st Special Session and for those members of the clergy who perform religious services for the members of the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 9, SCR 2

Senate Concurrent Resolution No. 2–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 9

 

Senate Concurrent RESOLUTION—Declaring 2005 to be “The Year of Languages.”

 

      Whereas, Under the guidance of the American Council on the Teaching of Foreign Languages, language education programs throughout the United States are celebrating 2005 as “The Year of Languages”; and

      Whereas, For over 200 years, citizens from other countries have settled in our communities, enhancing the diversity of this nation and underlining the importance of understanding different cultures and languages; and

      Whereas, Americans have growing social, cultural and economic ties to the global community, offering great opportunities and presenting new challenges as we seek to communicate with and understand those from different linguistic and cultural backgrounds; and

 


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2005 Statutes of Nevada, Page 2971 (File Number 9, SCR 2)

 

      Whereas, The underlying tenet of “The Year of Languages” is to celebrate the increasing importance of learning other languages for use in our schools and everyday life, not only to promote a greater understanding of others, but to enhance career opportunities and to provide life-long learning opportunities for people beyond school age; and

      Whereas, Foreign language educators are working cooperatively to promote the benefits of language learning to students, parents, businesses, health and social services leaders, and policy makers throughout this State and the nation; and

      Whereas, Language education in the 21st century includes a commitment to the study of long sequences of world languages beginning in early grades to allow students to develop the level of proficiency needed to communicate effectively with others from different cultures, both at home and abroad; and

      Whereas, The benefits gained from studying other cultures and languages include improved cognitive, analytical and communication skills, improved academic achievement, expanded career opportunities, and greater international awareness and understanding; and

      Whereas, This year of celebrating languages serves as a look to the future for young Americans who will be entering the workforce at a time when international awareness, cross-cultural understanding and linguistic capacity are increasingly important for enhancing career opportunities and for their success as citizens of a broader world; and

      Whereas, Each month “The Year of Languages” initiative will focus on different areas, including the importance of international engagement, the interrelationships between languages and other subject areas or professions, higher education learning, exploring different languages and cultures within our communities, adult learning and language use, parents’ roles in providing language opportunities, early language learning and maintenance of our heritage languages such as Native American languages and American Sign Language; and

      Whereas, The success of “The Year of Languages” depends on the support and involvement of local foreign language teachers and guidance counselors, those who have access to the students, parents and community members to whom this effort is intended to reach; and

      Whereas, Language educators are urging the public to recognize the value of delivering better education to students, of expanding the cultural and literary horizons of adult learners and of strengthening America’s position and security around the world; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature of the State of Nevada does hereby recognize 2005 as “The Year of Languages”; and be it further

      Resolved, That the efforts of organizations such as the Sierra Nevada World Language Collaborative, a 26-year-old organization of Washoe County foreign language educators that meet to share teaching ideas and to promote the study of foreign languages in our schools are hereby recognized and encouraged; and be it further

      Resolved, That the residents of the State of Nevada are urged to become familiar with the services and benefits offered by language education programs in the State and to support and participate in these programs to gain proficiency not only in English, but in other languages as well.

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2005 Statutes of Nevada, Page 2972

 

FILE NUMBER 10, SJR 2

Senate Joint Resolution No. 2–Senators Titus, Rhoads, Coffin, Wiener, Amodei, Beers, Care, Carlton, Cegavske, Heck, Horsford, Lee, Mathews, Raggio, Schneider, Tiffany and Washington

 

Joint Sponsors: Assemblymen Buckley, Mortenson, Ohrenschall, Manendo, Giunchigliani, Allen, Anderson, Arberry Jr., Atkinson, Carpenter, Claborn, Conklin, Denis, Gerhardt, Goicoechea, Grady, Hardy, Hogan, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, McClain, McCleary, Munford, Oceguera, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Smith

 

FILE NUMBER 10

 

Senate Joint RESOLUTION—Urging the President of the United States to reverse his position on, and alternatively urging Congress to reject, his federal budget proposal to use money derived from the sale of land in Nevada to lower the federal deficit.

 

      Whereas, In 1998, Congress passed the Southern Nevada Public Land Management Act, Public Law No. 105-263, which allows the Bureau of Land Management to sell certain federal lands in Clark County, Nevada, for possible development, while also allowing for the acquisition, conservation and protection of environmentally sensitive lands in the State of Nevada; and

      Whereas, At the time of the passage of the Act, and to this day, the Las Vegas Metropolitan Area was the fastest growing urban area in the United States, and the Act was passed in response to that growth in an effort to offset negative environmental impacts on national recreational and conservation areas surrounding the Las Vegas Valley; and

      Whereas, Under the provisions of the Act, 5 percent of the profits from sales of the land is allocated to fund education in Nevada, 10 percent is allocated for water and airport infrastructure projects, and the remaining 85 percent is deposited into an account to acquire other environmentally sensitive land in Nevada, to develop a multispecies habitat plan, to develop parks and trails and to provide for other conservation initiatives; and

      Whereas, The passage of the Southern Nevada Land Management Act was intended to replace lost state revenue resulting from 84 percent of the land in the State of Nevada being owned by the Federal Government at the time of the passage of the Act, uniquely depriving this State of receiving any tax proceeds from a substantial majority of the land located in this State; and

      Whereas, In addition to the benefits provided in Southern Nevada and in other areas of the State where environmentally sensitive lands have been acquired, the Lake Tahoe Basin is now benefiting from a 2003 amendment to the Act which allocated $300 million to be administered for the preservation of the Lake Tahoe Basin, the first installment of which was received in August 2004; and

      Whereas, Since the first auction of land in 1999, this program has generated approximately $1.6 billion, which has assisted the State of Nevada in funding education and numerous land and water conservation projects, and in acquiring environmentally sensitive lands; and

      Whereas, In the face of a soaring federal deficit, estimated at $527 billion, President Bush has proposed to change federal law and reallocate 70 percent of the profits from the land sales, generously approximated to reach $70 million in future years, which would do little to offset the deficit; and

 


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2005 Statutes of Nevada, Page 2973 (File Number 10, SJR 2)

 

percent of the profits from the land sales, generously approximated to reach $70 million in future years, which would do little to offset the deficit; and

      Whereas, The loss of such a substantial source of revenue for this State would have a direct and devastating impact on the State, negatively impacting dozens of ongoing and future projects; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature urge President Bush to reverse his position on this matter, abandoning his proposal to divert from this State profits from the sales of land in the State of Nevada that rightfully belong in this State to replace lost revenue resulting from the uniquely high percentage of federally owned property in this State; and be it further

      Resolved, That Congress is similarly urged to reject this portion of President Bush’s budget proposal and to allow the State of Nevada, its residents and visitors to be the sole beneficiaries of the proceeds from the sales of land in Nevada; 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.

________

 

FILE NUMBER 11, SCR 4

Senate Concurrent Resolution No. 4–Senators Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Anderson, Allen, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Mabey, Manendo, Marvel, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Seale, Sherer and Sibley

 

FILE NUMBER 11

 

Senate Concurrent RESOLUTION—Designating February 17, 2005, as E Clampus Vitus Day at the Nevada Legislature.

 

      Whereas, It has come to the attention of the Nevada Legislature that the Ancient and Honorable Order of E Clampus Vitus has maintained its honorable status throughout the known world and especially in this great State of Nevada; and

      Whereas, The Ancient and Honorable and Exceedingly Humble Order of E Clampus Vitus has survived the test of time to become one of the longest surviving brotherhoods of men that continue to fulfill a fundamental need in providing protection and kindness while advancing the noble cause of Clamperdom to residents of the Silver State, especially all the “widders” and orphans, and descendants of the Argonauts; and

      Whereas, The Honorable Order of E Clampus Vitus was founded in West Virginia in 1845 by Ephram Bee, owner of a tavern on the National Road, and shortly thereafter the warmhearted brothers affectionately became known as the “Clampin Vipers”; and

 


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2005 Statutes of Nevada, Page 2974 (File Number 11, SCR 4)

 

Road, and shortly thereafter the warmhearted brothers affectionately became known as the “Clampin Vipers”; and

      Whereas, In 1860, William Stewart founded the first Ancient and Honorable Order of E Clampus Vitus, Winnemucca Lodge #1, in the Utah Territory, in the unsuspecting peaceful town known as Carson City; and

      Whereas, The creed of the Clamproctors, yesterday, as well as today, is “to protect the ‘widders’ and orphans, and MAINLY the ‘widders’”; and

      Whereas, The State of Nevada is proud to continue the tradition of 160 years of devoted service with the Nevada chapters, which now include the Snowshoe Thompson Chapter of Douglas County, the Julia C. Bulette Chapter of the Comstock, the Lucinda Jane Saunders Chapter of Elko County and the Queho Chapter of Clark County; and

      Whereas, It is an honor and privilege to recognize one of our fellow Clamproctors, Harold “Sonny” Marshall, as the Sublime Noble Grand Humbug of The Honorable Order of E Clampus Vitus; and

      Whereas, While tradition and revelry will continue, the members of this body were deeply saddened to learn of the passing of our fallen brothers who have gone on to the Silver Hills and Golden Hills and whose long-standing participation in the activities of this Ancient and Honorable Order will be sorely missed; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature, of whom many are proud members of E Clampus Vitus, do hereby declare February 17, 2005, as E Clampus Vitus Day at the Nevada Legislature, a day to be marked by appropriate revelry and thanksgiving; and be it further

      Resolved, That the Ancient and Honorable Order of E Clampus Vitus is praised and commended for its contributions to mankind and others, and recognized as an illustrious group of Clampers, Clampatrious, Vituscans and Frolicking Friars who must continue to serve and protect the residents of the Silver State; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Clamp Patriarchs, Peter Van Alstyne and Jerry Robich.

________

 

FILE NUMBER 12, ACR 3

Assembly Concurrent Resolution No. 3–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 12

 

Assembly Concurrent RESOLUTION—Declaring February 13 through February 19, 2005, as Career and Technical Education Week and commending career and technical education student organizations.

 

      Whereas, February 13 to 19, 2005, has been designated Career and Technical Education Week by the Association for Career and Technical Education; and

      Whereas, Profound economic and technological changes in our society are reflected in the structure and nature of our workforce, thereby placing new and additional responsibilities on our educational system to prepare students with the necessary basic skills to be successful; and

 


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2005 Statutes of Nevada, Page 2975 (File Number 12, ACR 3)

 

      Whereas, Career and technical education improves the quality of education by giving secondary and post-secondary students experience in practical, meaningful applications of basic skills; and

      Whereas, SkillsUSA, a national organization serving more than 264,500 high school and college students and professional members enrolled in training programs in technical, skilled and service occupations, provides quality educational experiences for students in leadership, teamwork, citizenship and character development, builds self-confidence, work attitudes and communications skills in students, emphasizes life-long education and pride in the dignity of work, and promotes understanding of the free enterprise system and involvement in community service activities; and

      Whereas, The Distributive Education Clubs of America (DECA), has given young people the tools and aptitudes needed to pursue career opportunities in marketing and management and entrepreneurial opportunities; and

      Whereas, The mission of Future Business Leaders of America—Phi Beta Lambda (FBLA-PBL), a nonprofit education association of students preparing for careers in business and business-related fields, is to bring business and education together in a positive working relationship through innovative leadership and career development programs; and

      Whereas, The National FFA Organization, formerly Future Farmers of America, has seen millions of students achieve real-world success as it pursues its mission to make a positive difference in the lives of students by developing their potential for leadership, personal growth and career success through agricultural education; and

      Whereas, Family, Career and Community Leaders of America, Inc., (FCCLA), whose central focus is the family, has promoted personal growth and leadership development through family and consumer sciences education, with over 220,000 members preparing for and choosing careers which will ultimately help achieve global cooperation and harmony; and

      Whereas, These and other organizations provide young Americans with a school-to-career connection and offer them opportunities to learn new skills which provide them with career choices and personal satisfaction as they become productive members and leaders of their communities; and

      Whereas, The participants in these organizations become the backbone of a strong, well-educated workforce which fosters productivity in business and industry and contributes to America’s leadership in the international marketplace; and

      Whereas, The ever-increasing cooperative efforts of career and technical educators and business and industry stimulate the growth and vitality of our local economy and that of the entire nation by preparing graduates for careers in fields forecast to experience the largest and fastest growth; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 73rd Session of the Nevada Legislature hereby declares February 13 through February 19, 2005, as Career and Technical Education Week; and be it further

      Resolved, That SkillsUSA, DECA, Future Business Leaders of America—Phi Beta Lambda, the National FFA Organization, Family, Career and Community Leaders of America, Inc., and similar organizations are commended for their decades of fostering personal growth and community leadership among the young people of our country and emphasizing the achievement of excellence in whatever vocation they choose; and be it further

 


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2005 Statutes of Nevada, Page 2976 (File Number 12, ACR 3)

 

achievement of excellence in whatever vocation they choose; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Nevada Association for Career and Technical Education, Nevada SkillsUSA, Nevada DECA, Inc., Nevada FBLA-PBL, the Nevada FFA Association, the Nevada Association FCCLA and the Department of Education.

________

 

FILE NUMBER 13, SCR 5

Senate Concurrent Resolution No. 5–Senators Coffin, Amodei, Beers, Care, Carlton, Cegavske, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Giunchigliani, Pierce, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 13

 

Senate Concurrent RESOLUTION—Commemorating the 100th anniversary of Las Vegas and designating the year 2005 as the “Las Vegas Centennial Celebration.”

 

      Whereas, Hidden for centuries from all but Native Americans, the oasis that would become known as Las Vegas Valley was protected from discovery by the surrounding harsh and unforgiving Mojave Desert until 1829 when it was sighted by Rafael Rivera, a scout for the New Mexico trader, Antonio Armijo; and

      Whereas, The abundance of artesian spring water discovered in the Valley shortened the trade route along the Old Spanish Trail from Santa Fe, New Mexico, to Los Angeles, California, and the area became known as “Las Vegas,” Spanish for “The Meadows”; and

      Whereas, In 1844, famed explorer Captain John C. Fremont camped near the springs, described the route and noted the name “Las Vegas” in his expedition journal, which would later be published and distributed and help make the Valley known to the world; and

      Whereas, The first non-Native American settlement in the Valley was a fortified mission built in 1855 by Mormon colonists who were quickly overwhelmed by the rigors of desert life and occasional Indian raids and who abandoned the site 2 years later; and

      Whereas, After filing unsuccessful mining claims near present-day Boulder City, Octavius Decatur Gass, considered a founding father of Las Vegas, established a working ranch in 1865 near the remains of the Mormon fort on what is now downtown Las Vegas; and

      Whereas, The Gass ranch was acquired in 1881 by Archibald Stewart and was sold 21 years later by his wife Helen to Montana Senator William A.


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2005 Statutes of Nevada, Page 2977 (File Number 13, SCR 5)

 

Clark, who subsequently used the land to complete the railroad line between Los Angeles, California, and Salt Lake City, Utah; and

      Whereas, By 1905, the San Pedro, Los Angeles and Salt Lake Railroad was completed and a railroad town was laid out on 110 acres bounded by Stewart Avenue, Garces Avenue, Main Street, and 5th Street, which is now Las Vegas Boulevard; and

      Whereas, On May 15, 1905, the Railroad auctioned lots in the townsite called “Las Vegas,” establishing the humble beginning of a city that would become a thriving business mecca and the entertainment capital of the world; and

      Whereas, The Las Vegas Centennial Celebration Committee is dedicated to educating the public and commemorating and celebrating the history and culture of Las Vegas; and

      Whereas, The Centennial Celebration is a year-long event meant to include both residents and tourists by creating a wide range of activities, projects and events; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature do hereby commemorate the 100th anniversary of the founding of Las Vegas and designate the year 2005 as the “Las Vegas Centennial Celebration”; and be it further

      Resolved, That the Las Vegas Centennial Celebration Committee is hereby commended for its efforts to ensure that the residents of Nevada are aware of the historic events that established and developed Las Vegas, for preserving the history of Las Vegas through Centennial legacy projects that will honor the past and for establishing endowments for historic preservation projects in the future; and be it further

      Resolved, That the Las Vegas Centennial Celebration Committee is hereby urged to continue the year-long celebration of Las Vegas as one of the great American cities, as documented by Insignia Films in their award-winning American Experience series; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mayor Oscar B. Goodman, Chairman of the Las Vegas Centennial Celebration Committee.

________

 

FILE NUMBER 14, SCR 6

Senate Concurrent Resolution No. 6–Senators Townsend, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Washington and Wiener

 

Joint Sponsors: Assemblymen Oceguera, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 14

 

 


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2005 Statutes of Nevada, Page 2978 (File Number 14, SCR 6)

 

Senate Concurrent RESOLUTION—Acknowledging February 23, 2005, as Rotary International Day in the State of Nevada.

 

      Whereas, The highest distinction in life lies not in deeds we do for ourselves, but in acts performed in the service of others; and

      Whereas, There are today approximately 1.2 million business and professional leaders in more than 31,000 Rotary Clubs in 166 countries who have dedicated themselves as servants to humanity and who are working diligently to achieve the goals of improving their communities and building understanding and peace throughout the world; and

      Whereas, From its inception on February 23, 1905, as a group of four businessmen in Chicago, Illinois, whose first service project was the purchase of a horse to enable a local physician to make house calls, Rotary has maintained a record of remarkable community and worldwide accomplishments; and

      Whereas, Rotary International has garnered widespread acclaim for its flagship undertaking, the eradication of polio from the world, a project to which Rotary Clubs have contributed $500 million and countless hours of volunteer work resulting in the immunization of nearly 2 billion children; and

      Whereas, Other health-oriented projects to which Rotarians contribute include tuberculosis screening and treatment, AIDS education, installation of water wells and water pumps, free heart surgery for children who have potentially fatal heart conditions and reconstructive facial surgery for underprivileged children who are born with a cleft lip or cleft palate; and

      Whereas, As the world’s largest privately funded source of international scholarships, Rotary annually enables approximately 1,000 students in universities throughout the nations to study in another country, and in the United States, nearly 8,000 high school students are sponsored each year in a student exchange program to study abroad for a period of 3 months to a year; and

      Whereas, In an effort to train those who will serve as tomorrow’s peacemakers and diplomats, Rotary Clubs have recently launched a new program called the Rotary Centers for International Studies, which provides postsecondary education in conflict resolution at eight prestigious universities worldwide to 70 Rotary World Peace Scholars who are chosen in a competitive selection process; and

      Whereas, Yet another major objective of Rotarians is to fight against illiteracy through building schools, paying salaries of teachers, serving as tutors, collecting and distributing educational materials and creating model literacy projects; and

      Whereas, Rotary Clubs around the globe are currently providing aid to the victims of the tsunami in Asia by organizing relief committees and coordinating relief centers and medical camps, as well as collecting and distributing donated goods and contributions; and

      Whereas, In commemoration of the centennial celebration of Rotary International, the Rotary Club of Carson City, which daily devotes time to the creation of a better place to live by providing programs and projects for children, students, businessmen, the less fortunate and the entire community, is honoring our area with the gift of a four-sided Centennial Rotary Clock that will be placed in front of the Legislative Building in Nevada’s State Capital; and

 


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2005 Statutes of Nevada, Page 2979 (File Number 14, SCR 6)

 

      Whereas, The four sides of this clock represent to every passerby the guiding principles of the Rotary Club, which ask, “Of the things we think, say or do, is it the TRUTH, is it FAIR to all concerned, will it build GOOD WILL and BETTER FRIENDSHIPS and will it be BENEFICIAL to all concerned?”; and

      Whereas, This clock will serve as a constant reminder of Rotary’s past accomplishments and as a harbinger of future service that will provide positive and lasting impact to this community and to the world; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature acknowledge February 23, 2005, as Rotary International Day in the State of Nevada; and be it further

      Resolved, That the members of this Legislature express their deepest admiration and appreciation for Rotary International and for the Rotary Club of Carson City for the humanitarian efforts offered to our community and our world; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Rafael Cappucci, current President of the Rotary Club of Carson City, and to John Allen, President-Elect.

________

 

FILE NUMBER 15, ACR 4

Assembly Concurrent Resolution No. 4–Assemblymen Smith, Buckley, Arberry Jr., Parks, Anderson, Allen, Angle, Atkinson, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Weber

 

Joint Sponsors: Senators Townsend, Titus and Raggio

 

FILE NUMBER 15

 

Assembly Concurrent RESOLUTION—Granting administrative leave to legislative employees in recognition of their service to the 73rd Session of the Nevada Legislature.

 

      Whereas, The staff of the Nevada Legislature and the Administrative, Audit, Fiscal Analysis, Legal and Research Divisions of the Legislative Counsel Bureau provide services to the Legislature which are vital to an efficient and productive session of the Nevada Legislature; and

      Whereas, The additional employees hired specifically for the legislative session also provide essential services with dedication, competence and enthusiasm throughout the long days of the session; and

      Whereas, Extraordinary demands are routinely placed on legislative employees as a result of the time constraints imposed by the 120-day limitation on the length of the legislative session, and the entire legislative staff have demonstrated their extraordinary talents, patience, flexibility and tireless work ethic to meet these required deadlines; and

 


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2005 Statutes of Nevada, Page 2980 (File Number 15, ACR 4)

 

      Whereas, The members of the 73rd Session of the Nevada Legislature do hereby recognize and express their appreciation of the outstanding effort made by the permanent employees of the Legislature and Legislative Counsel Bureau and by all other employees hired temporarily for the legislative session; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That 7 days of administrative leave are hereby granted to each:

      1.  Permanent employee of the Legislature and Legislative Counsel Bureau who is employed on the last day of session; and

      2.  Employee of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who:

      (a) Is employed by the Legislature or Legislative Counsel Bureau on the last day of this session; and

      (b) If requested to do so by the employee’s supervisor, remains in that employment after the last day of this session until all tasks assigned to the employee during the session are completed.

________

 

FILE NUMBER 16, ACR 6

Assembly Concurrent Resolution No. 6–Assemblymen Anderson, Allen, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 16

 

Assembly Concurrent RESOLUTION—Recognizing March 2, 2005, as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday.

 

      Whereas, Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts; and

      Whereas, Theodor Seuss Geisel graduated from Dartmouth College in 1925 and began writing humorous articles and creating cartoons for various magazines; and

      Whereas, His first children’s book, And to Think That I Saw It on Mulberry Street, was rejected by 43 publishers until, in 1937, a friend published the book for him; and

      Whereas, In May of 1954, Life magazine published a report concerning illiteracy among school children, stating that, among other things, children were having trouble learning to read because the books were boring; and

      Whereas, This comment inspired Theodor Seuss Geisel’s publisher, Bennett Cerf, to compile a list of 400 words that he felt were important, asking Mr. Geisel to cut the list to 250 words, the number of words a first-grader could absorb, and using only those words, to write a book that would excite children; and

 


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2005 Statutes of Nevada, Page 2981 (File Number 16, ACR 6)

 

grader could absorb, and using only those words, to write a book that would excite children; and

      Whereas, Nine months later, Mr. Geisel, using only 220 of the words given to him, published The Cat in the Hat, which became an instant success; and

      Whereas, In 1960, Bennett Cerf bet Mr. Geisel $50 that he could not write an entire book using only 50 words, and from that challenge came the famous children’s book Green Eggs and Ham, which was also an instant success; and

      Whereas, From that point on, Theodor Seuss Geisel became known as “Dr. Seuss,” and children became enthused about reading every Dr. Seuss book available; and

      Whereas, Dr. Seuss died on September 24, 1991, but his legacy of children’s books will live forever as an inspiration to children everywhere to learn to read and to share in the laughter, enjoyment and knowledge that a book can provide; and

      Whereas, In honor of Dr. Seuss and the joy of reading, the National Education Association has designated March 2, 2005, as a special day in their program “Read Across America,” the nationwide initiative that promotes reading every day; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 2, 2005, is hereby recognized as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday; and be it further

      Resolved, That children and adults are encouraged to read a favorite book together on this date and share the joy of reading; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Terry Hickman, President of the Nevada State Education Association, and Ken Lange, Executive Director of the Nevada State Education Association.

________

 

FILE NUMBER 17, SCR 7

Senate Concurrent Resolution No. 7–Senators Horsford, Mathews, Washington, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Lee, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Wiener

 

Joint Sponsors: Assemblymen Arberry Jr., Horne, Atkinson, Perkins, Buckley, Allen, Anderson, Angle, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 17

 

Senate Concurrent RESOLUTION—Recognizing and commemorating the month of February as African-American History Month in Nevada.

 

 


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2005 Statutes of Nevada, Page 2982 (File Number 17, SCR 7)

 

      Whereas, In 1915, Dr. Carter G. Woodson, noted African-American scholar and historian, and son of former slaves, founded the association known today as the Association for the Study of African American Life and History, and in 1926, he initiated Black History Week as the second week in February, to coincide with the birthdays of Frederick Douglass and Abraham Lincoln; and

      Whereas, For many years, African Americans in the United States celebrated that week, and in 1976, as part of the nation’s bicentennial, the week was expanded into the month of February and is now celebrated throughout North America in an effort to bridge the gap created by American history’s failure to accurately acknowledge, portray and record the contributions and inventions of African Americans; and

      Whereas, The original purpose of Dr. Woodson’s efforts was to launch a serious platform to neutralize the apparent ignorance and deliberate distortion of the history of the African American and to create a scientific study that would give a more objective and scholarly balance in American and world history; and

      Whereas, In North America, the celebration of African-American History Month includes lectures, exhibitions, banquets and a host of cultural activities presented throughout the month as a time to examine the collective ingenuity, creativity, cultural and political experience of African Americans; and

      Whereas, Not only is the month of February significant because of the births of African-American pioneers Frederick Douglass, W.E.B. DuBois, Langston Hughes and Eubie Blake, it is also the month in which such institutions as the National Association for the Advancement of Colored People and the first Pan-African Congress originated, and historians may recall that the first African-American Senator, Hiram Revels, took the oath of office in February 1870; and

      Whereas, African-American History Month takes on a paramount significance as we approach the 21st century because civil rights laws in combination with such celebrations have exposed the legal consequences of overt discriminatory practices and racial harassment, and the struggles for, and achievement of, independence by African countries in the 20th century have shown the strength, humanity, ingenuity and contributions of the African to human civilization; and

      Whereas, These revelations have not succeeded in neutralizing prejudicial attitudes that generate discriminatory acts, and even though behavior may be controlled by laws, attitudes can only change through education and the elimination of ignorance; and

      Whereas, In the words of historian Ralph L. Crowder, the observance of African-American History Month “must be a testimony to those African pioneers who struggled to affirm the humanity of African peoples and a challenge to the present generation to protect and preserve . . . the humanity of all peoples of African descent”; and

      Whereas, African Americans in the State of Nevada have a long and active history of protesting against racial prejudice and social injustice through writing, community organization and oration and have had among their leaders people such as the Reverend Bill Stevens of Las Vegas, who in the 1940s went daily to restaurants that discriminated against African Americans to attempt to order a meal or a cup of coffee, and Alice Smith, who founded the Reno-Sparks branch of the NAACP in 1945 and organized many religious and community activities throughout her life; now, therefore, be it

 


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2005 Statutes of Nevada, Page 2983 (File Number 17, SCR 7)

 

many religious and community activities throughout her life; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature do hereby recognize and commemorate the month of February as African-American History Month in honor of the contributions of African Americans that reflect a proud legacy of courage and dedication which has helped to guide our nation’s success and prosperity; and be it further

      Resolved, That the Legislature recognizes that there continues to be a need to acknowledge the importance of minorities in both the history and future of this State and that the recognition and observance of African-American History Month is a step in that direction; and be it further

      Resolved, That the residents of this State are encouraged to join in this observance and reflect on past successes and challenges of African Americans in the United States, and especially in the State of Nevada, as we all look to the future and strive to continue to improve society so that we live up to the ideals of freedom, equality and justice.

________

 

FILE NUMBER 18, SCR 9

Senate Concurrent Resolution No. 9–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Perkins, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 18

 

Senate Concurrent RESOLUTION—Congratulating Dr. Donald K. Grayson for being selected as the recipient of the Nevada Medal given by the Desert Research Institute.

 

      Whereas, Contributions to the sciences of archaeology, paleoecology and biogeography, and studies of the natural prehistory of the Great Basin, are of great importance to the residents of the State of Nevada; and

      Whereas, The recipient of the 2005 Nevada Medal is Dr. Donald K. Grayson, a well-respected scientist who is known for his continued investigation of how the mammalian fossil record from archaeological and late Quaternary paleontological sites can contribute to effective scientific study of the long-term effects of climate change on species distributions and ecological associations, and how these historical insights contribute to effective management of biodiversity preserves; and

      Whereas, Dr. Grayson is best known for his innovative research showing that climate change, and not “overkill by early human hunters,” led to the demise of large mammals like the wooly mammoth in North America some 10,000 years ago; and

 


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2005 Statutes of Nevada, Page 2984 (File Number 18, SCR 9)

 

      Whereas, His extremely popular book, The Desert’s Past: A Natural Prehistory of the Great Basin, published by the Smithsonian Institution Press, explains how the modern Great Basin has come to be; and

      Whereas, Other contributions include Dr. Grayson’s masterful study of the Donner Party who were stranded in the Sierra Nevada during the winter of 1846 on an ill-fated journey to California, which confirmed that biological predictors of mortality could accurately determine who would live and who would die, shedding new light on the importance of family ties in human societies; and

      Whereas, Dr. Grayson’s research is driven more by questions than by time periods or geography, and the bulk of his work has involved the latest Pleistocene and Holocene of the Great Basin and Pleistocene southwestern France, all areas where he plans to continue working in the future; and

      Whereas, Dr. Grayson joined the Department of Anthropology at the University of Washington 30 years ago, where he remains a Professor of Anthropology, Adjunct Professor at the Quaternary Research Center and Adjunct Curator of Environmental Archaeology at the Burke Museum of Natural History and Culture; and

      Whereas, Dr. Grayson’s most important contribution not mentioned above is the large number of successful graduate students he has supported over the years; and

      Whereas, The greater and longer-lasting measure of Dr. Grayson’s success is measured in the productivity of his students; and

      Whereas, The Nevada Medal is an honor conferred by the Desert Research Institute of the University and Community College System of Nevada and sponsored by SBC Communications Inc. in recognition of outstanding achievement in science and engineering; and

      Whereas, Dr. Grayson’s continued contributions toward understanding the interrelationships between people and the biotic landscapes with which they interact have been recognized and, as such, he is being honored this year as the recipient of the Nevada Medal; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature hereby congratulate Dr. Donald K. Grayson for being named the recipient of the 2005 Nevada Medal given by the Desert Research Institute; and be it further

      Resolved, That SBC Communications Inc. is hereby commended for its continued sponsorship of the Nevada Medal, which offers well-deserved recognition to persons who have demonstrated outstanding scientific, engineering and technical achievements; and be it further

      Resolved, That the residents of the State of Nevada will long be grateful to Dr. Grayson for his contributions to the sciences of archaeology, paleoecology and biogeography, and in particular consideration of his long-term studies of the natural prehistory of the Great Basin; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Donald K. Grayson, the Desert Research Institute of the University and Community College System of Nevada and SBC Communications Inc.

________

 

 


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2005 Statutes of Nevada, Page 2985

 

FILE NUMBER 19, SCR 11

Senate Concurrent Resolution No. 11–Senators Raggio and Titus

 

FILE NUMBER 19

 

Senate Concurrent RESOLUTION—Temporarily suspending subparagraph (1) of paragraph (d) of subsection 1 of Joint Standing Rule No. 14.2.

 

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That subparagraph (1) of paragraph (d) of subsection 1 of Joint Standing Rule No. 14.2 is hereby temporarily suspended and the last day for introduction of a bill or joint resolution that was requested by a legislator is the 47th calendar day of the 73rd Regular Session of the Legislature.

________

 

FILE NUMBER 20, ACR 7

Assembly Concurrent Resolution No. 7–Assemblymen Anderson, Marvel, Smith, Allen, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Weber

 

Joint Sponsors: Senators Mathews, Washington, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Wiener

 

FILE NUMBER 20

 

ASSEMBLY Concurrent RESOLUTION—Commemorating the 100th anniversary of the City of Sparks.

 

      Whereas, The members of the 73rd Session of the Nevada Legislature wish to congratulate the City of Sparks on its 100th anniversary; and

      Whereas, As Nevada’s fifth largest city, Sparks now has a population of approximately 78,500 residents; and

      Whereas, Sparks is located in the Truckee Meadows between the Carson and Virginia Mountain Ranges; and

      Whereas, In 1902, there was nothing 4 miles east of Reno except swampland and ranches, and like many cities in Northern Nevada, the history of the City of Sparks is closely related to the development of railroad transportation, and when Southern Pacific Railway Company, the new owner of the main line across Northern Nevada, shortened the route, the new route bypassed Wadsworth, which had accommodated the roundhouse and maintenance shops for 40 years; and

      Whereas, Southern Pacific startled its Wadsworth employees by offering to pack up every house in the town and ship it to the new location free of charge, and in the summer of 1903, 67 names were drawn from one hat and 67 lot numbers from another, giving to each of the employees clear deed to a 50 by 140 foot lot near the new roundhouse at $1 a lot; and

 


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2005 Statutes of Nevada, Page 2986 (File Number 20, ACR 7)

 

      Whereas, The City had been called East Reno, New Wadsworth and Harriman for a while, but that did not suit the independent spirit of the new residents, and in 1904, the City was officially named the City of Sparks after then Nevada Governor “Honest John” Sparks, who was instrumental in its development, and in 1905, Sparks became an incorporated city, with Governor Sparks hosting a barbecue for the residents in celebration of the honor; and

      Whereas, Sparks has become widely known as the premier special events venue for Northern Nevada in focusing on events that include the entire family, the heart of the city being Victorian Square with its old-fashioned ambiance and charm; and

      Whereas, Serving as the official kick-off to the Sparks Centennial Celebration, the 2004 Sparks Hometowne Christmas gala, an annual event which has become Northern Nevada’s largest Christmas celebration, highlighted “A Centennial Christmas, Celebrating 100 Years of Sparks, 1905-2005,” where families get into the spirit of the holiday season with delicious refreshments, booths with arts and crafts perfect for gift giving, fun activities for children, the Hometowne Christmas Parade with a special appearance by Santa Claus and a tree-lighting ceremony complete with free hot cocoa, cake, cookies and hot roasted chestnuts; and

      Whereas, Sparks is well known for its outstanding parks and recreation system with numerous neighborhood parks, regional sports facilities and a large number of fun recreation programs designed to appeal to everyone from preschoolers to senior citizens, and Sparks Marina Park, the newest addition, is 80 acres of water surrounded by a lighted walking trail where you will find people of all ages walking and talking, and it includes such amenities as two swimming beaches, two sand volleyball courts, numerous picnic tables and gazebos, a bandstand for summer concerts, and facilities for boating, fishing and scuba diving, and while the families are enjoying all this outdoor activity, they have a breathtaking view of the nearby mountains; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature invite all Nevadans to join with the residents of this fine city in celebrating their 100th anniversary; and be it further

      Resolved, That the City of Sparks is hereby congratulated for focusing on the many events that bring family and friends together and for providing an outstanding quality of life for its residents; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Mayor and City Council of the City of Sparks.

________

 

FILE NUMBER 21, SR 4

Senate Resolution No. 4–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 21

 

Senate RESOLUTION—Inducting Joseph M. Neal, Jr., into the Senate Hall of Fame.

 

 


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2005 Statutes of Nevada, Page 2987 (File Number 21, SR 4)

 

      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, Joseph “Joe” M. Neal, Jr., was first elected to the Senate in 1972, becoming the first African-American member of the Senate, and represented with great spirit and integrity the residents of Clark County in the Nevada Legislature from 1973 to 2004 for a total of 32 years, one of the longest tenures in the Senate in Nevada history; and

      Whereas, In his long and distinguished career in the Senate, Joe Neal served as Senate President Pro Tempore, Assistant Majority Floor Leader, Minority Floor Leader and Assistant Minority Floor Leader and chaired both the Senate Committee on Human Resources and Facilities and the Senate Committee on Natural Resources; and

      Whereas, Among his many accomplishments in the Legislature, Senator Neal led the fight to establish the state holiday in honor of Martin Luther King, Jr., and championed civil rights and equal rights; and

      Whereas, Senator Neal also fought for reforming Nevada’s tax system to benefit the average resident of this State and sponsored legislation strengthening Nevada’s fire protection codes; and

      Whereas, Throughout his legislative career, Senator Neal spoke eloquently and debated fiercely on behalf of the disadvantaged; and

      Whereas, Senator Neal also distinguished himself through his mastery of the rules of parliamentary procedure and knowledge of legislative rules; and

      Whereas, Senator Neal enhanced his legislative service by playing an active role in philanthropic endeavors by serving the Clark County community in leadership positions on numerous boards, commissions and foundations; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Joseph M. Neal, Jr., who dedicated 32 years of his life to the service of the people of the State of Nevada as a member of the Legislature and in other public capacities, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

 

FILE NUMBER 22, SR 5

Senate Resolution No. 5–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 22

 

Senate RESOLUTION—Inducting Dr. Raymond D. Rawson 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, Raymond D. Rawson, D.D.S., M.A., who represented the residents of Clark County Senatorial District No. 6 in the Nevada Legislature for a total of 20 years, from 1985 to 2004, served in many leadership positions, including Chairman of both the Senate Committee on Human Resources and Facilities and the Legislative Committee on Health Care, as well as Vice Chairman of the Senate Committee on Finance; and

 


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2005 Statutes of Nevada, Page 2988 (File Number 22, SR 5)

 

for a total of 20 years, from 1985 to 2004, served in many leadership positions, including Chairman of both the Senate Committee on Human Resources and Facilities and the Legislative Committee on Health Care, as well as Vice Chairman of the Senate Committee on Finance; and

      Whereas, Dr. Rawson also served as Chairman of the Task Force for the Fund for a Healthy Nevada and as Senate Assistant Majority Floor Leader and Assistant Minority Floor Leader, as well as a member of the Interim Finance Committee and numerous other standing and interim study committees; and

      Whereas, Among his many accomplishments in the Nevada Legislature, Dr. Rawson sponsored legislation that resulted in class-size reduction in the public schools and served as an ardent supporter of and advocate for higher education; and

      Whereas, Dr. Rawson also promoted programs to provide dental health services to children and other needy residents throughout the State, sponsored legislation that revised laws concerning communicable diseases and was the principal proponent of establishing the Fund to Stabilize the Operation of the State Government (the “Rainy Day Fund”); and

      Whereas, Dr. Rawson, a nationally recognized expert in both education and public health, served in leadership positions of prominent public policy organizations, including serving as Chairman of the National Conference of State Legislatures’ Committee on Children, Families, and Health, as an Executive Committee Member of the Education Commission of the States and as Executive Commissioner of the Western Interstate Commission for Higher Education; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Raymond D. Rawson, D.D.S., M.A., with gratitude for his long and dedicated service to the legislative process and to the people of the State of Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

 

FILE NUMBER 23, ACR 9

Assembly Concurrent Resolution No. 9–Assemblymen Parnell, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 23

 

Assembly Concurrent RESOLUTION—Commending the Drug Abuse Resistance Education (D.A.R.E.) program and the law enforcement officers who are specially trained to provide instruction in the D.A.R.E. curriculum, and designating March 21 to 25, 2005, as Law Enforcement Youth Drug Education Week in Nevada.

 


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2005 Statutes of Nevada, Page 2989 (File Number 23, ACR 9)

 

in the D.A.R.E. curriculum, and designating March 21 to 25, 2005, as Law Enforcement Youth Drug Education Week in Nevada.

 

      Whereas, Illegal drug use and the abuse of prescription drugs and alcohol have the potential to destroy the hopes, ambitions and lives of users and to negatively impact the safety and health of families, schools and communities with an associated increase in violence and risky behavior; and

      Whereas, As long as drugs remain available to young people, antidrug education must be a priority, because only through consistent and ongoing antidrug messages from family, friends, schools and governments, and the supported efforts of these youth to remain drug free, can adolescent drug use be substantially reduced; and

      Whereas, Since its development in 1983, the Drug Abuse Resistance Education (D.A.R.E.) program, based on the premise that prevention is the only long-term answer to substance abuse, has offered a curriculum to millions of students from kindergarten through grade 12 that helps students raise their self-esteem to resist peer pressure, teaches them how to make decisions on their own and encourages them to identify positive alternatives to drugs; and

      Whereas, Expanded in 1994 to include lessons that focus on reducing violence through the use of anger management and conflict resolution and by building interpersonal and communications skills, the D.A.R.E. curriculum is constantly being revised to blend the latest in prevention science with the largest prevention delivery network in the world; and

      Whereas, The D.A.R.E. program relies on accurate information and an upbeat approach to give young people the skills they need to recognize and resist the subtle and overt pressures that may cause them to experiment with drugs or become involved in gangs or violent activities and to inspire them to become contributing members of their communities; and

      Whereas, A unique feature of D.A.R.E. is the introduction into the classroom of law enforcement officers from the community who are certified school resource officers and who, through the utilization of on-the-job experiences and specialized training, have dedicated themselves to helping the young people in this State to remain drug and violence free; and

      Whereas, Nevada’s law enforcement community has made a commitment to educate the youth of Nevada concerning the dangers of gangs, violence and drug use, and as members of our communities, and through their daily work routine, these law enforcement officers continually strive to work with the children in our school system to teach such awareness in classrooms throughout the State; and

      Whereas, The presence of these dedicated men and women in our schools permits students to interact with law enforcement officers, and the relationships that develop open lines of communication between law enforcement and these children, setting the stage to defuse dangerous situations that may arise on school campuses; and

      Whereas, As they introduce valuable lessons through role-playing, group discussions, question-and-answer sessions and workbook exercises in the classroom setting, these officers become visible role models to the students and provide opportunities for them to seek support in other areas of their lives where they may feel threatened or afraid or pressured to engage in harmful behavior; and

 


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2005 Statutes of Nevada, Page 2990 (File Number 23, ACR 9)

 

      Whereas, By holding true to the ethics of police service, these members of the law enforcement community have shown their dedication and loyalty to the residents of the State of Nevada; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature commend the Drug Abuse Resistance Education program for its part in lowering the percentage of drug use and participation in gangs and violent activities among the youth of our nation while providing them with positive and healthful alternatives; and be it further

      Resolved, That the residents of the State of Nevada applaud the dedication of the Nevada law enforcement officers whose expertise in the classrooms of our State as they present the D.A.R.E. program is critical to the well-being of our children and their future; and be it further

      Resolved, That March 21 to 25, 2005, is declared Law Enforcement Youth Drug Education Week in Nevada, in conjunction with the Nevada State D.A.R.E. Conference to be held in Carson City; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sergeant Mark Sharp, State D.A.R.E. Administrator, John Lybbert, State D.A.R.E. Coordinator and Mike Pardovich, President of the D.A.R.E. Officers Association.

________

 

FILE NUMBER 24, ACR 12

Assembly Concurrent Resolution No. 12–Assemblymen Ohrenschall, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 24

 

Assembly Concurrent RESOLUTION—Recognizing March 25, 2005, as Greek Independence Day in Nevada.

 

      Whereas, Ancient Greece was the birthplace of the democratic principles and thought that fundamentally shaped the growth of democracy in world history, and our own democratic system of government traces its earliest roots back to the beliefs in freedom and representative government forged in classical Greece over 2500 years ago; and

      Whereas, Greek literature, philosophy and theology form the foundation of western culture, and ancient Greece was the birthplace of the Olympic Games which today have become a celebration of international brotherhood, competition, sportsmanship, goodwill and peace, and demonstrate to all people of the world the unity of our common humanity; and

 


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2005 Statutes of Nevada, Page 2991 (File Number 24, ACR 12)

 

      Whereas, After losing their independence in 1453, the Greeks bravely endured almost four centuries of foreign occupation, preserving their culture, language and religion in the face of oppression; and

      Whereas, In 1821 at the monastery of Agia Lavras, Bishop Germanos of Patras chose the Feast of the Annunciation of Theotokos, one of the holiest days for Greek Orthodox Christians, to deliver the message that a new spirit was about to be born in Greece as he raised the banner of revolution to mark the beginning of the war of independence against the Ottoman Empire; and

      Whereas, After a long, hard-fought struggle that lasted 8 years and involved countless sacrifices from the people of Greece for the cause of freedom, the independence of Greece was finally recognized with the signing of the Treaty of Andrianople on September 2, 1829; and

      Whereas, In the late 19th Century, many Greek families sent their sons to the United States to earn wages and eventually return to Greece to buy land there, and in the pursuit of this dream, some of these immigrants made their way west to labor on the railroads and in the mines of Nevada; and

      Whereas, Although, in the spirit of patriotism, many Greeks working in America returned to their motherland during the Balkan Wars to fight on behalf of their country, immigration to America resumed after World War I with the new dream of establishing homes and businesses, and these Greek Americans brought with them the cultural and social traditions of Greece which have helped create the diversity that gives strength to this Country; and

      Whereas, The ideals of ancient Greece have influenced modern culture with important contributions in art, drama, literature, philosophy, government, mathematics, science and architecture, and the Greek Americans of today continue this legacy as they add their unique talents and traditions to the mosaic that is the United States of America; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature do hereby recognize March 25, 2005, as Greek Independence Day in Nevada and join the entire Nation as it celebrates “Greek Independence Day: A National Day of Celebration of Greek and American Democracy”; and be it further

      Resolved, That all residents of Nevada are called upon to remember and cherish the democratic principles and love of freedom that are our heritage from ancient Greece and to show appreciation for the many contributions that Greek Americans have made to our Country and our State.

________

 

 


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2005 Statutes of Nevada, Page 2992

 

FILE NUMBER 25, ACR 13

Assembly Concurrent Resolution No. 13–Assemblymen Ohrenschall, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 25

 

Assembly Concurrent RESOLUTION—Recognizing the contributions of the Hellenic Macedonian people to the creation, preservation and enhancement of the Hellenic culture of Greece throughout the world.

 

      Whereas, Archeological evidence reveals that old European civilization flourished in Macedonia between 7000 and 3500 B.C. and the name “Macedonia” is the oldest surviving name of a country on the continent of Europe; and

      Whereas, Throughout its history, the present-day Greek territory of Macedonia has been a crossroads for both traders and conquerors moving between the European continent and Asia Minor and each of these transiting powers left its mark on the region, giving rise to a rich and varied cultural and historical tradition; and

      Whereas, The first Greeks arrived in the area in approximately 2500 B.C. and, in conjunction with their settlements along the coastline of the Aegean Sea, settled the interior and influenced the art and politics of Macedonia; and

      Whereas, Philip II raised Macedonia into a great European power and his ancient kingdom reached its height during the reign of Alexander the Great, who extended Macedonia’s influence over most of Asia Minor, the Levant, Egypt, Mesopotamia, Persia, and even parts of India, and produced a lasting extension of Greek culture and thought across the ancient Near East; and

      Whereas, During the centuries of occupation by the Romans and then the Turks, the Hellenic Macedonian people clung fiercely to their Hellenistic character and beliefs and carried them into their society today; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature hereby recognize the contributions of the Hellenic Macedonian people to the creation, preservation and enhancement of the Hellenic culture of Greece throughout the world.

________

 

 


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2005 Statutes of Nevada, Page 2993

 

FILE NUMBER 26, SCR 14

Senate Concurrent Resolution No. 14–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Gansert, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 26

 

Senate Concurrent RESOLUTION—Proclaiming March 29, 2005, as Boys & Girls Club Day in Nevada.

 

      Whereas, The future of the State of Nevada and its communities lies in its young people; and

      Whereas, Today, in every community, many boys and girls are left to find their own recreation and companionship in the streets, and an increasing number of children are at home with no adult care or supervision; and

      Whereas, With its humble beginnings in Hartford, Connecticut, in 1860, the Boys & Girls Clubs of America has grown to include a staff of 42,000 trained professionals and 168,000 adult volunteers who serve more than 4 million youth in approximately 3,400 locations in all 50 states, Puerto Rico and the Virgin Islands, plus domestic and international military bases; and

      Whereas, The mission of the Boys & Girls Clubs of America is to inspire and enable all young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens by instilling in them a sense of competence, usefulness and belonging; and

      Whereas, By providing an opportunity to learn and grow, to establish and maintain ongoing relationships with caring, adult professionals, and to participate in life-enhancing programs and experiences that promote character development, the Boys & Girls Clubs offer the important gifts of hope and opportunity to young people; and

      Whereas, Through programs that emphasize character, leadership, education, career, health and life skills, the arts, sports, fitness and recreation, community mobilization and family involvement, the Boys & Girls Clubs of America have exposed members to new experiences, nurtured their undeveloped talents and inspired them to great achievements; and

      Whereas, Although not all the members of Boys & Girls Clubs enjoy the celebrity status of alumni such as President Bill Clinton, Alex Rodriguez, Jackie Joyner-Kersee, Bill Cosby, Michael Jordan, Martin Sheen, Neil Diamond and Denzel Washington, many of the alumni of the Clubs have achieved the important successes in life, including gaining an education, raising a family, serving their country, pursuing a career and supporting the community; and

 


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2005 Statutes of Nevada, Page 2994 (File Number 26, SCR 14)

 

      Whereas, Clubs active in Nevada include the Boys & Girls Clubs of Las Vegas, the Boys & Girls Clubs of Western Nevada, the Boys & Girls Club of Truckee Meadows, the Boys & Girls Clubs of Henderson, the Elko Boys & Girls Club, the Boys & Girls Club of Mason Valley, the Nellis Air Force Base Youth Center and the Boys & Girls Club of Fallon which recently opened on March 28, 2005; and

      Whereas, April 3 to 9, 2005, has been proclaimed National Boys & Girls Club Week and will be celebrated by offering special events throughout the country that reach out to communities and illustrate the positive values and attitudes that the programs of the Boys & Girls Clubs deliver; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature hereby proclaim March 29, 2005, as Boys & Girls Club Day in Nevada; and be it further

      Resolved, That all Nevadans are called upon to recognize and commend the Boys & Girls Clubs in our State for providing comprehensive, effective services to the young people in our communities, and to join in any events being offered during National Boys & Girls Club Week; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Boys & Girls Clubs of Las Vegas, the Boys & Girls Clubs of Western Nevada, the Boys & Girls Club of Truckee Meadows, the Boys & Girls Clubs of Henderson, the Elko Boys & Girls Club, the Boys & Girls Club of Mason Valley, the Nellis Air Force Base Youth Center and the Boys & Girls Club of Fallon.

________

 

FILE NUMBER 27, SR 7

Senate Resolution No. 7–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 27

 

Senate RESOLUTION—Inducting Horace H. Coryell 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, Horace H. Coryell represented Elko County in the Nevada Legislature for a total of 20 years, by serving intermittently in the Nevada Assembly for 12 years and in the Nevada Senate for 8 years during the period from 1888 through 1918, which service included ten regular sessions and two special sessions of the Nevada Legislature; and

      Whereas, As a result of his intermittent service, Horace H. Coryell enjoys the distinction of having served the most legislative sessions as a freshman Legislator, five as an Assemblyman and one as a Senator; and

      Whereas, During his service in the Legislature, Horace H. Coryell held leadership roles in both Houses, serving as Assembly Speaker Pro Tempore during the 19th and 20th Regular Sessions of the Nevada Legislature (1899 and 1901) and as Senate President Pro Tempore during the 26th Regular Session of the Nevada Legislature (1913); and

 


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2005 Statutes of Nevada, Page 2995 (File Number 27, SR 7)

 

during the 19th and 20th Regular Sessions of the Nevada Legislature (1899 and 1901) and as Senate President Pro Tempore during the 26th Regular Session of the Nevada Legislature (1913); and

      Whereas, An ardent advocate for his constituency, Horace H. Coryell was proudest of the legislation that he sponsored in the Senate during the 26th Regular Session of the Nevada Legislature which authorized the issuance of bonds to fund the construction, equipment and furnishing of a high school building in his community of residence, the town of Wells; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Horace H. Coryell, who served as an influential leader in the Nevada Legislature during the 19th and 20th centuries and who devoted many years of his life to serving the public, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

 

FILE NUMBER 28, SR 6

Senate Resolution No. 6–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 28

 

Senate RESOLUTION—Inducting Ann O’Connell 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, Ann O’Connell represented the residents of Clark County Senatorial District No. 5 in the Nevada Legislature for a total of 20 years, from her election in 1984 to 2004, constituting the longest service in the Senate by a woman in Nevada history; and

      Whereas, During the course of her distinguished service in the Senate, Senator O’Connell served as Chairwoman of the Senate Committee on Government Affairs, as Chairwoman and Vice Chairwoman of the Legislative Commission and as Chairwoman and Vice Chairwoman of the Legislative Committee for Local Government Taxes and Finance, as well as presiding over numerous interim study committees; and

      Whereas, Among her numerous accomplishments in the Legislature, Senator O’Connell pioneered a consensus building approach to study the distribution of state and local tax revenues among local governments in Nevada, promoted public school accountability, was instrumental in the preparation of academic standards for each grade in the public elementary and secondary schools, and championed the cause of suicide prevention by establishing a statewide suicide prevention program and sponsoring legislation to fund a nationally recognized 24-hour hotline; and

      Whereas, Senator O’Connell was renowned for tackling the most difficult and contentious legislative issues by encouraging an inclusive process, ensuring that all parties had an opportunity to be heard, and tirelessly working to make legislation a product of the people she represented; and

 


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2005 Statutes of Nevada, Page 2996 (File Number 28, SR 6)

 

tirelessly working to make legislation a product of the people she represented; and

      Whereas, Senator O’Connell has served as a mentor to many new Legislators by guiding them in their introduction to the legislative process and by initiating them into the culture of the Legislature and its importance as a democratic institution; and

      Whereas, Senator Ann O’Connell has been and continues to be an excellent role model for Legislators, women and the youth of today by embodying the principles of integrity, dedication, insight and respect for diverse opinions; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Ann O’Connell, a leader known for her dedication, work ethic and consideration for others, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

________

 

FILE NUMBER 29, SCR 16

Senate Concurrent Resolution No. 16–Senators Rhoads, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Carpenter, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 29

 

Senate Concurrent RESOLUTION—Recognizing the unveiling of the statue of Sarah Winnemucca in the National Statuary Hall in the United States Capitol in Washington, D.C. and celebrating the unveiling of a replica of the statue at the Nevada State Capitol in Carson City.

 

      Whereas, In 1864, Congress established the National Statuary Hall in the Old Hall of the House of Representatives in the United States Capitol and authorized each state to contribute two statues that represent important historical figures of that state to the National Statuary Hall; and

      Whereas, In 2001, the Nevada Legislature approved a bill providing for the creation of a statue of Sarah Winnemucca for placement in the National Statuary Hall Collection located in the United States Capitol in Washington, D.C. and provided for the designation of a committee to select an artist to create the statue and approve its design; and

      Whereas, Nevada’s First Lady Dema Guinn served as Honorary Chair of the Sarah Winnemucca Selection Committee and also spearheaded efforts by the Nevada Women’s History Project to raise the funds necessary for completing and placing the original statue in the United States Capitol and a full-size replica of the statue in the Nevada State Capitol in Carson City; and

 


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2005 Statutes of Nevada, Page 2997 (File Number 29, SCR 16)

 

      Whereas, The Nevada Department of Cultural Affairs provided administrative support for the project, ensuring that all funds raised were spent on the creation, transportation, documentation and placement of the statues; and

      Whereas, Sarah Winnemucca, born near Nevada’s Humboldt River in about 1844, was the daughter of Chief Winnemucca and the granddaughter of the formidable Chief Truckee of the Northern Paiute Tribe, who led John C. Fremont and his men across the Great Basin to California; and

      Whereas, Sarah Winnemucca’s life was filled with remarkable achievements, including serving as an interpreter for the United States Army and the Bureau of Indian Affairs, serving as a scout, peacemaker and interpreter during the Bannock War of 1878, becoming the first Native American woman to write and publish a book, and establishing a nongovernmental school for Paiute children that became a model for future educational facilities for Native American youth; and

      Whereas, As a tireless spokeswoman for Native Americans, Sarah Winnemucca was an advocate for the rights of her people throughout the United States and even brought her message before President Rutherford B. Hayes and the Congress of the United States; and

      Whereas, In fighting for justice, peace and equality for all persons, Sarah Winnemucca represented the highest ideals of America; and

      Whereas, Sarah Winnemucca’s wisdom, activism and determination made an invaluable and enduring contribution to the political and cultural history of Nevada; and

      Whereas, On March 9, 2005, a 6-foot-4-inch bronze statue of Sarah Winnemucca, sculpted by artist Benjamin Victor, was unveiled in the rotunda of the United States Capitol before a delegation of state and national officials and hundreds of Nevadans; and

      Whereas, Today, April 6, 2005, a full-size replica of the Sarah Winnemucca statue representing Nevada in the United States Capitol is being unveiled at the Nevada State Capitol in Carson City; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature is hereby proud to recognize the unveiling of the statue of Sarah Winnemucca and its inclusion in the National Statuary Hall Collection at the United States Capitol in Washington, D.C.; and be it further

      Resolved, That the Nevada Legislature is honored to celebrate the unveiling of a full-size replica of the Sarah Winnemucca statue at the Nevada State Capitol in Carson City which will serve to memorialize her lifetime of accomplishments and signify her position as a distinguished citizen of this State; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Kenny Guinn and Nevada’s First Lady Dema Guinn, to each member of the Nevada Congressional Delegation, to Scott K. Sisco, Interim Director of the Department of Cultural Affairs, to Joan M. LeMere, State President of Nevada Women’s History Project, and to artist and sculptor Benjamin Victor.

________

 

 


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2005 Statutes of Nevada, Page 2998

 

FILE NUMBER 30, ACR 16

Assembly Concurrent Resolution No. 16–Assemblymen Conklin, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Heck, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 30

 

Assembly Concurrent RESOLUTION—Designating April 12, 2005, 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; 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

      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, engaging in prostitution and contracting sexually transmitted diseases, 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 12, 2005, is hereby designated as Homeless Youth Awareness Day in Nevada; and be it further

      Resolved, That the members of the 73rd Session of the Nevada Legislature hereby express their commitment to creating a greater public awareness of the problem of homelessness of children in Nevada and to continue to work cooperatively to solve this problem; and be it further

 


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2005 Statutes of Nevada, Page 2999 (File Number 30, ACR 16)

 

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Michael Hillerby, Chief of Staff to Governor Kenny C. Guinn and to the Board of Directors of the Nevada Partnership for Homeless Youth.

________

 

FILE NUMBER 31, AJR 13 of the 72nd Session

Assembly Joint Resolution No. 13 of the 72nd Session– Assemblyman Mortenson

 

FILE NUMBER 31

 

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

 

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

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

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

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

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

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

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

 


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2005 Statutes of Nevada, Page 3000 (File Number 31, AJR 13 of the 72nd Session)

 

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

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

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

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

And be it further

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

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

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

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

And be it further

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

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

And be it further

 


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2005 Statutes of Nevada, Page 3001 (File Number 31, AJR 13 of the 72nd Session)

 

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

      [Sec: 9.  The] Sec. 9.  1.  Except as otherwise provided in Section 2A of Article 4 of this Constitution, the Governor may , on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses , when organized, the purpose for which they have been convened . [, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.]

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

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

________

 

FILE NUMBER 32, ACR 18

Assembly Concurrent Resolution No. 18–Assemblymen Marvel, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Rhoads, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 32

 

Assembly Concurrent RESOLUTION—Commending the achievements of Bob Tallman, “The Voice of Professional Rodeo.”

 

      Whereas, Winnemucca native, Bob Tallman has become a legend in the world of rodeo, his is the voice people recognize and trust as “The Voice of Professional Rodeo”; and

      Whereas, Bob Tallman’s involvement in the rodeo began in 1960 competing as a team roper and tie-down roper, and his first taste of announcing came in 1969 when he was offered $100 to announce a rodeo in Fallon, Nevada, since then, he has been a commentator on ESPN, Fox Sports Network and TNN; and

      Whereas, During a career that has spanned more than 3 decades and 15,000 performances in the United States and Canada, and such other places as Mexico, Australia and New Zealand, Bob Tallman now announces more than 100 rodeos each year; and

 


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2005 Statutes of Nevada, Page 3002 (File Number 32, ACR 18)

 

      Whereas, On August 14, 2004, on its 25th anniversary, nine rodeo luminaries and one bareback bronc were inducted into the Pro Rodeo Hall of Fame, one such luminary was Bob Tallman; and

      Whereas, In December 2004, Bob Tallman announced the Wrangler National Finals Rodeo for a record 18th time, and he is also the first person in the 45-year history of the Finals to announce the Finals nine times in a row; and

      Whereas, Bob Tallman has been named the prestigious Pro Rodeo Cowboy’s Association’s “Announcer of the Year” seven times, in 1982, 1987, 1997, 1999, 2000, 2001 and 2004; and

      Whereas, The Reno Rodeo has had the honor of Bob Tallman’s presence as its announcer for 28 years, and he is scheduled to be there again in 2005; and

      Whereas, Rodeo announcer is only one of the many hats Bob Tallman wears, as he also raises cattle at his ranch in North Texas, hosts television shows, is cofounder of Buckers, Inc., offering breeders the opportunity to introduce World Champion bloodlines into their bucking bull breeding programs, has developed a line of Texas-style seasonings, Bob Tallman’s Ranch Fixin’s and, in December 2004, he joined the Gold Buckle Network’s Key Industry Advisory Board, to advise the Network on a variety of technical rodeo operations issues; and

      Whereas, In addition to his many rodeo-related activities, Bob established his own foundation in 2000, Bob Tallman’s Charities, which divides proceeds from an annual golf tournament, the Pasture Pool Golf Classic, between two charities, the Justin Cowboy Crisis Fund and the Pediatric Programs at the University of Texas M. D. Anderson Cancer Center; and

      Whereas, When asked about his achievements, Bob Tallman has said he is the “most overawarded, blessed person in the world” and that the biggest reward he can receive is to see one child or one injured cowboy benefit from the endeavors of his charitable organization; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby commends Bob Tallman for his many contributions to the world of rodeo and the State of Nevada; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob Tallman.

________

 

 


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2005 Statutes of Nevada, Page 3003

 

FILE NUMBER 33, ACR 19

Assembly Concurrent Resolution No. 19–Assemblymen Parnell, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Horsford, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 33

 

Assembly Concurrent RESOLUTION—Recognizing the value of and the need for the study of the arts in public education.

 

      Whereas, The study of the arts in public education stimulates the school setting and enhances the morale of pupils, as well as the quality of the school environment; and

      Whereas, Because studies indicate that there is a direct correlation between the study of the arts and aptitude in math and science, and because pupils tend to understand history and culture better through the study of the arts, arts education promotes the academic curriculum in a meaningful way; and

      Whereas, The study of the arts also develops the personal confidence of pupils as they acquire skills by participating in concerts, musical productions and plays, by writing books and poems, and by participating in other cultural events, such as art shows and photography exhibits; and

      Whereas, It has been recognized that the study of the arts can expand the horizons of even very young children and often leads to a lifelong thirst for knowledge of other cultures, other countries and other philosophies; and

      Whereas, Organizations such as the Chicago Arts Partnerships in Education have proven that the study of the arts contributes to the overall development of young people in a powerful way by teaching them creativity, teamwork, discipline, self-expression, critical thinking, problem solving, understanding of others as well as other skills; and

      Whereas, Studies in Chicago and Minneapolis have proven that test scores rise dramatically in schools that integrate the arts into the curriculum, with the greatest impact on disadvantaged learners; and

      Whereas, In recent years, many public school districts have drastically reduced budgets for arts education in an effort to save money, which fails to acknowledge the important role of the study of the arts in developing in children a passion for learning; and

      Whereas, For many children, the only opportunity to learn about the arts is through school programs; and

      Whereas, Studies have shown that the integration of the arts into the school curriculum also energizes and challenges teachers, providing opportunities for rewarding professional developmental experiences; now, therefore, be it

 


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2005 Statutes of Nevada, Page 3004 (File Number 33, ACR 19)

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature believe that it is vital for every pupil in the public schools in this State to have the opportunity to study the arts; and be it further

      Resolved, That it is important to recognize the benefits of the study of the arts in public education for pupils and for our society in general and to encourage a coalition of educators, artists, parents, children and community members to create a network to support the study of the arts; and be it further

      Resolved, That the members of the 73rd Session of the Nevada Legislature recognize and support the efforts of all those who encourage the study of the arts in public education.

________

 

FILE NUMBER 34, ACR 21

Assembly Concurrent Resolution No. 21–Assemblymen Smith, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Weber

 

Joint Sponsors: Senators Mathews, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 34

 

Assembly Concurrent RESOLUTION—Commending Evelyn Mount for her many years of dedicated service to the people of Reno and Sparks.

 

      Whereas, Since 1979, thousands of families in northern Nevada have had food on their holiday tables thanks to the generosity and efforts of Evelyn Mount; and

      Whereas, For 25 years, on Thanksgiving and again on Christmas, Evelyn Mount and her volunteers at Community Outreach have accepted donations of food and prepared and distributed bags and boxes with all the fixings for a holiday meal; and

      Whereas, Community Outreach, cofounded by Evelyn and her late husband, Leon, is headquartered in Mount’s garage at 2530 Cannan Street in Reno, which overflows with food donations as the holidays draw near and becomes a hub of activity as families approved by the organization drive in to pick up their food packages; and

      Whereas, After the holiday rush, Evelyn slows down but continues to cook and deliver meals throughout the year for low-income seniors and grandparents raising grandchildren on tight budgets; and

      Whereas, Born in Lundell, Arkansas, and raised in Louisiana and California, Evelyn Mount was surrounded by a family that passed on a desire to help others less fortunate than themselves; and

 


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2005 Statutes of Nevada, Page 3005 (File Number 34, ACR 21)

 

      Whereas, When she’s not actively dispensing food to those in need, Evelyn likes to garden, sew and make crafts, and she’s also active in the Pilgrims Rest Baptist Church, where she assists in Sunday school every other week and sings in the choir; and

      Whereas, After the death of her husband shortly before the 2002 holiday season, Evelyn continued her mission with the help of family, friends, neighbors and volunteer workers and has vowed to keep Community Outreach going in honor of Leon’s memory; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 73rd Nevada Legislature recognizes the generosity of Evelyn Mount and commends her for her benevolent and tireless efforts to bring joy to others; and be it further

      Resolved, That Evelyn’s spirit of giving is an inspiration to the residents of Nevada to share their lives and good fortune with the people in their communities who need a helping hand; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Evelyn Mount, whose abiding kindness to her fellow travelers on this earth makes her an example for all to emulate.

________

 

FILE NUMBER 35, SCR 18

Senate Concurrent Resolution No. 18–Senators Wiener, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Washington

 

Joint Sponsors: Assemblymen Leslie, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 35

 

Senate Concurrent RESOLUTION—Recognizing the mission and accomplishments of the Nevada Alliance for Chronic Disease Prevention.

 

      Whereas, The prevalence of chronic disease is increasing throughout the United States and it is projected that more than half of all Nevadans will develop one or more chronic diseases in their lifetime, many of which will impact the quality of life for the person and his family; and

      Whereas, Chronic disease is the cause of 70 percent of all deaths in Nevada; and

      Whereas, The disabling conditions of many chronic diseases cause major limitations in activity for those afflicted and can result in costly, ongoing medical care; and

      Whereas, With a vision of improving community health and decreasing the prevalence of chronic disease in Nevada, the Health Division of the Department of Human Resources, the Clark County Health District and the Washoe County District Health Department joined forces in 2002 to form the Nevada Alliance for Chronic Disease Prevention; and the Washoe County District Health Department joined forces in 2002 to form the Nevada Alliance for Chronic Disease Prevention; and

 

 


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2005 Statutes of Nevada, Page 3006 (File Number 35, SCR 18)

 

the Washoe County District Health Department joined forces in 2002 to form the Nevada Alliance for Chronic Disease Prevention; and

      Whereas, Since its formation, the Alliance has made steps toward reducing the incidence of chronic disease in Nevada, which include increasing communication between public health agencies and other partners to enhance the gathering and sharing of data on chronic diseases and their prevention and leveraging the use of funding for chronic disease programs; and

      Whereas, Aided by valuable contributions from the University and Community College System of Nevada, the Department of Education, HealthSmart in Carson City, Great Basin Primary Care Association, members of the Intertribal Council of Nevada and other agencies and organizations throughout Nevada, the Alliance is promoting education and early detection to reduce the incidence of chronic diseases and their tragic consequences; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature commend the Health Division of the Department of Human Resources, the Clark County Health District and the Washoe County District Health Department for their vision of cooperation among Nevada agencies and organizations that led to the formation of the Nevada Alliance for Chronic Disease Prevention; and be it further

      Resolved, That the Alliance is recognized for its ongoing efforts to promote health and wellness through communication and partnership with organizations that encourage healthy lifestyles through education; and be it further

      Resolved, That the Alliance is encouraged to continue moving forward in the prevention of chronic disease in Nevada and a reduction in the burden these diseases place on all Nevadans; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Alex Haartz, Administrator of the Health Division of the Department of Human Resources, Donald Kwalick, M.D., Chief Health Officer for Clark County Health District and Barbara Hunt, Health Officer for Washoe County District Health Department.

________

 

FILE NUMBER 36, ACR 22

Assembly Concurrent Resolution No. 22–Assemblymen Parnell, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Wiener, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Washington

 

FILE NUMBER 36

 

 


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2005 Statutes of Nevada, Page 3007 (File Number 36, ACR 22)

 

Assembly Concurrent RESOLUTION—Commemorating the 85th anniversary of the League of Women Voters as a national organization.

 

      Whereas, The League of Women Voters was first established in Nevada in 1919, due in large part to the inspiration of Carrie Chapman Catt, a national leader in the battle to obtain the right to vote for all women; and

      Whereas, The League of Women Voters was established as a national organization in 1920; and

      Whereas, The League of Women Voters worked tirelessly to ensure that Amendment XIX of the Constitution of the United States, prohibiting the denial of the right to vote on account of sex, was proposed by Congress and ratified by the states; and

      Whereas, Since 1920, the League of Women Voters has flourished throughout the State of Nevada, with units in Ely, Elko, Lovelock, Winnemucca, Carson City, Reno and Las Vegas; and

      Whereas, In 1974, the League of Women Voters began accepting men as full voting members and now works for the informed and active participation of all citizens in government; and

      Whereas, The League of Women Voters provides a valuable resource to the residents of Nevada by preparing and distributing nonpartisan information on candidates and issues, thereby allowing the residents of Nevada to learn about the issues of an election without partisan influence; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature hereby commemorate the 85th anniversary of the League of Women Voters as a national organization; and be it further

      Resolved, That the League of Women Voters is hereby commended for its dedication and perseverance as it continues to encourage active participation in government, both at the local and national levels; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mary Lee, President of the League of Women Voters of Nevada, and Kay Maxwell, President of the League of Women Voters of the United States.

________

 

FILE NUMBER 37, SCR 19

Senate Concurrent Resolution No. 19–Senators Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Oceguera, Horne, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 37

 


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2005 Statutes of Nevada, Page 3008 (File Number 37, SCR 19)

 

Senate Concurrent RESOLUTION—Commending Dean Richard Morgan and the William S. Boyd School of Law for the success of the law school and contributions to the betterment of the State of Nevada.

 

      Whereas, Dean Richard Morgan has served with distinction in the United States legal education community for more than 24 years, including service as Dean of the Arizona State University College of Law and Dean of the University of Wyoming College of Law, service on behalf of the American Bar Association and the Association of American Law Schools and a career that has been marked by awards for excellence and leadership; and

      Whereas, Dean Richard Morgan was selected in 1997 to be the founding Dean of the William S. Boyd School of Law at the University of Nevada, Las Vegas, the first public law school in the State of Nevada; and

      Whereas, Dean Richard Morgan, by virtue of his experience, talent, commitment and vision, planned the creation of the William S. Boyd School of Law, recruited an outstanding faculty of leading legal educators from throughout the country and led the school, following its opening in August of 1998, to provisional and full accreditation by the American Bar Association and membership in the Association of American Law Schools in record time; and

      Whereas, Due in large measure to the leadership of Dean Richard Morgan, the William S. Boyd School of Law has become an outstanding center for legal education and scholarship as well as faculty and student involvement in programs designed to enhance the understanding and practice of law and service to the State of Nevada; and

      Whereas, In 2003, in its first ranking as an accredited law school, the William S. Boyd School of Law was ranked 82nd out of 187 accredited law schools in the United States by U.S. News & World Report, which is an unprecedented ranking for a new law school; and

      Whereas, Recognition of the William S. Boyd School of Law as a leading center for legal education is demonstrated by the fact that in 2004 the school received more than 14 applicants for each available seat in its first-year class; and

      Whereas, Graduates of the William S. Boyd School of Law already are demonstrating leadership in positions of responsibility, including those in the Nevada State Legislature; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Dean Richard Morgan and the administrators, faculty, students and supporters of the William S. Boyd School of Law are to be commended for the school’s success and contributions to the betterment of the State of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dean Richard Morgan and the William S. Boyd School of Law.

________

 

 


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2005 Statutes of Nevada, Page 3009

 

FILE NUMBER 38, SCR 20

Senate Concurrent Resolution No. 20–Senators McGinness, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Sherer, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sibley, Smith and Weber

 

FILE NUMBER 38

 

Senate Concurrent RESOLUTION—Designating April 21, 2005, as Kiwanis Day in the State of Nevada.

 

      Whereas, On January 21, 1915, the “Benevolent Order Brothers” was organized in Detroit, Michigan, with the goal of having “a mutual exchange of preferred treatment in professional and business dealings”; and

      Whereas, The following year the name of the club was changed to “Kiwanis,” a form of “Nunc Kee-wanis,” an Otchipew Native American phrase which means “We make a noise,” “We have a good time” or “We trade or advertise”; and

      Whereas, The first Kiwanis clubs were organized to promote the exchange of business among the members, but soon a lively debate ensued between those who supported community service as the Kiwanis mission and those who supported the exchange of business, and by 1919, the service advocates won the debate; and

      Whereas, The members of Kiwanis work toward six principles, (1) the primacy of spiritual values, (2) living by the Golden Rule, (3) adhering to high standards, (4) engendering strong citizenship, (5) building better communities through service, and (6) assisting in the formation of sound public opinion; and

      Whereas, The Kiwanis District of California was organized in the fall of 1918, was joined by Nevada in 1923, welcomed the Hawaiian Division in 1950, with the approval of the Kiwanis International Board of Trustees, and became the California-Nevada-Hawaii District, CAL-NEV-HA, on January 1, 1951; and

      Whereas, The State of Nevada is proud of its own divisions, which consist of Division 23 of Northern Nevada, Division 28 of Southern Nevada and Division 45 of Central Nevada, for their long history of service to communities in this State; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby designate April 21, 2005, as Kiwanis Day in the State of Nevada in recognition of the hours, resources and creative energy generously contributed by the members of Kiwanis clubs throughout the State, the nation and the world in the dedicated service to their communities; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Larry “Mac” McCleland and Governor-Elect Patti Barsotti, Lieutenant Governor Celia Culver and Lieutenant Governor-Elect Neil Atkinson of Division 23, Lieutenant Governor John Fenner and Lieutenant Governor-Elect Linda Marx of Division 28, and Lieutenant Governor Dan Nevin and Lieutenant Governor-Elect Ann Delahay of Division 45.

 


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2005 Statutes of Nevada, Page 3010 (File Number 38, SCR 20)

 

Patti Barsotti, Lieutenant Governor Celia Culver and Lieutenant Governor-Elect Neil Atkinson of Division 23, Lieutenant Governor John Fenner and Lieutenant Governor-Elect Linda Marx of Division 28, and Lieutenant Governor Dan Nevin and Lieutenant Governor-Elect Ann Delahay of Division 45.

________

 

FILE NUMBER 39, ACR 23

Assembly Concurrent Resolution No. 23–Assemblymen Oceguera, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 39

 

Assembly Concurrent RESOLUTION—Urging public and private entities to work together to establish a statewide system of care for patients suffering from strokes.

 

      Whereas, The American Stroke Association, a division of the American Heart Association, is promoting the message “Time Lost = Brain Lost” to offer advocates for stroke awareness an opportunity to educate the public and policymakers about the devastating effects of a stroke; and

      Whereas, Statistics reveal that every 45 seconds on average, someone in the United States suffers a stroke, which means that each year, about 700,000 persons in this country are victims of a new or recurrent stroke, and there are approximately 4.8 million stroke survivors in our nation today; and

      Whereas, Strokes are a leading cause of serious, long-term disability and can result in both physical and emotional devastation, leaving many victims struggling with activities of daily living and 15 to 30 percent of victims permanently disabled; and

      Whereas, Strokes are the third leading cause of death in the United States, with one death occurring every 3.3 minutes, and in Nevada last year, strokes accounted for over 1,000 deaths; and

      Whereas, In 2004, the estimated direct and indirect costs of strokes in this nation totaled about $53.6 billion; and

      Whereas, The Institute of Medicine of the National Academies has concluded that the fragmentation of the delivery of health care services for stroke victims frequently results in suboptimal treatment, safety concerns and inefficient use of health care resources; and

      Whereas, The Institute of Medicine has recommended the establishment of coordinated systems of care that integrate services for prevention and treatment of strokes and promote access by each patient to care that is based on the best evidence available at the time of treatment; and

 


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2005 Statutes of Nevada, Page 3011 (File Number 39, ACR 23)

 

      Whereas, The Health Division of the Department of Human Resources and the American Stroke Association are working on a systems approach that is necessary to effectuate true change in the way strokes are treated statewide so that patients have access to the most advanced treatment in centers that are best designed and equipped to deal with the critical and time-sensitive needs of stroke patients; and

      Whereas, The main purpose of such a statewide system of care is to establish a systems approach for assisting stroke patients that includes the development and recognition of primary stroke centers, emergency medical services, protocols and field triage, transfer of stroke victims between facilities, and collection of data relating to strokes; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature of the State of Nevada recognizes the importance of proper care for victims of strokes and calls upon public and private entities to work together to establish a cohesive statewide system of care for all residents of this State who suffer from strokes; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Department of Human Resources and to the Vice President of the American Stroke Association.

________

 

FILE NUMBER 40, AR 4

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

 

FILE NUMBER 40

 

Assembly RESOLUTION—Providing for the appointment of additional attaches for the Assembly.

 

      Resolved by the Assembly of the State of Nevada, That Shari Andreasen, Sylvia Brown, Gwenavere Dally, Steven Henricksen, Carolyn Maynick and Bruce Pfeiffer are elected as additional attaches of the Assembly for the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 41, SCR 23

Senate Concurrent Resolution No. 23–Senators Washington, Mathews, Raggio, Townsend, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus and Wiener

 

Joint Sponsors: Assemblymen Anderson, Marvel, Smith, Allen, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Weber

 

FILE NUMBER 41

 

Senate Concurrent RESOLUTION—Memorializing Tony Armstrong, beloved Mayor of the City of Sparks.

 


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2005 Statutes of Nevada, Page 3012 (File Number 41, SCR 23)

 

      Whereas, The members of the Nevada Legislature wish to express their condolences and deep sorrow on the passing of Tony Armstrong, the beloved Mayor of the City of Sparks, on January 29, 2005; and

      Whereas, Tony Armstrong was born in Philadelphia, Pennsylvania, on September 3, 1945, and moved to Sparks when he was 4 years of age, with his mother and younger brothers, attending local schools including graduating from Sparks High School; and

      Whereas, Growing up in humble circumstances, Tony was a self-professed troublemaker until, at the age of 14 years, he got caught skipping school and had to spend several hours in a jail cell alone, an experience which he said made him a different person and changed the path of his life, otherwise the people of Sparks may never have experienced the pleasure of having Tony Armstrong as their Mayor; and

      Whereas, Tony Armstrong, a licensed general contractor, had a strong work ethic, starting his own successful construction inspection business; and

      Whereas, In 1989, Tony Armstrong was elected as a Councilman for the City of Sparks, now Nevada’s fifth largest city with a population of almost 80,000, and was reelected twice; and

      Whereas, Tony was elected Mayor of the City of Sparks in 1999 and was serving his second term at his passing, successfully steering the Rail City to healthy growth with thriving businesses and expanding neighborhoods, while still keeping that small hometown feeling; and

      Whereas, As a public official, Tony Armstrong is largely credited with such successful developments as Victorian Square and the Sparks Marina, while taking time to attend school functions, grand openings, dedications, parades and other special events; and

      Whereas, Under the watchful eye of Tony Armstrong, Sparks became known for its special events that include the entire family, such as the Star Spangled Sparks fireworks extravaganza, the Sparks Hometowne Farmer’s Market, the Sparks Hometowne Christmas gala, the Big Easy, Hot August Nights and the Best in the West Nugget Rib Cook-Off; and

      Whereas, Geno Martini, former Councilman who was recently named Mayor of the City of Sparks and a friend of Tony Armstrong’s since the third grade, said “What made him stand out as a politician was a passion for his job of Mayor, his honesty and his connection with the people”; and

      Whereas, Preferring to be called “Tony,” rather than “Mr. Mayor,” he was known for his willingness to always give a hand to anyone in need and for his friendliness, making everyone who met him feel they had a personal relationship with him; and

      Whereas, Because Tony Armstrong disliked suits and ties, people were asked to wear casual attire to the service to celebrate his life, with about 2,000 people wearing such clothing as blue jeans, khaki pants, golf shirts and cowboy boots to show their respect for “the people’s Mayor,” and even Governor Kenny Guinn and Pastor Randy Siever of Sparks Christian Fellowship Church got in the spirit by wearing Hawaiian shirts; and

      Whereas, His daughter Misti remembers Tony as a perfect father who always made time for his family, no matter how busy his schedule; and

      Whereas, Upon learning that her grandfather had passed away, 7-year-old Madison consoled her parents by writing “Dear Mom and Dad, I’m sorry that Papa died. Hopefully, God has a Mayor up in the sky.”; and

 


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2005 Statutes of Nevada, Page 3013 (File Number 41, SCR 23)

 

      Whereas, Tony Armstrong is survived by Debby, his loving wife of 22 years, sons Richard and Keith Armstrong, daughter Misti Franco, and grandchildren Kierra, Madison, Kole and James; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Tony Armstrong will be remembered for attaining many great successes on behalf of the people and the city that he loved so much, while maintaining the friendliness and caring attributes that made the residents of Sparks return that affection; and be it further

      Resolved, That the people of the City of Sparks will surely feel the presence of Tony Armstrong as they celebrate the Sparks Centennial because he will be watching over the city that he treasured and of which he was so proud; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Debby Armstrong, cherished wife of Tony.

________

 

FILE NUMBER 42, SCR 24

Senate Concurrent Resolution No. 24–Senators Wiener, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Washington

 

Joint Sponsors: Assemblymen Parnell, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 42

 

Senate Concurrent RESOLUTION—Expressing the support of the Legislature for implementing standards for the social studies curriculum that is offered in Nevada schools, particularly in the area of civics and the skills and values of citizenship.

 

      Whereas, In 2003, the Nevada Legislature enacted legislation, Senate Bill No. 309, chapter 387, Statutes of Nevada 2003, at page 2257, which established the Advisory Committee on Participatory Democracy within the Office of the Secretary of State and required the preparation of a report for the 73rd Session of the Legislature evaluating efforts currently in progress to implement standards for the social studies curriculum that is being offered in Nevada schools, particularly in the area of civics and the skills and values of citizenship; and

      Whereas, A report has been filed with the 73rd Session of the Legislature setting forth goals and a work plan for Nevada that would enable school officials to better evaluate the efforts currently in progress to implement standards for the social studies curriculum that is offered in Nevada schools, particularly in the area of civics and the skills and values of citizenship; and

      Whereas, The Legislature finds that to ensure the health of American democracy, every student in kindergarten through high school, as well as in postsecondary school, needs to learn and experience the fundamental ideas, principles and values on which this nation was founded and to graduate ready for the responsibilities of citizenship; and

 


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2005 Statutes of Nevada, Page 3014 (File Number 42, SCR 24)

 

postsecondary school, needs to learn and experience the fundamental ideas, principles and values on which this nation was founded and to graduate ready for the responsibilities of citizenship; and

      Whereas, In the 2004 General Election, the county clerks and registrars of voters in Nevada were confronted with record numbers of voter registrations and a record voter turnout; and

      Whereas, The Secretary of State and the Advisory Committee for Participatory Democracy have achieved great strides in reaching the goals outlined in Senate Bill No. 309 of the 2003 Legislative Session and have established the first Jean Ford Democracy Award; and

      Whereas, The Legislature urges every school district, with the assistance of the State Board of Education, the Board of Regents of the University of Nevada and any other educational officers involved in reviewing and approving the social studies curriculum used in this State to:

      1.  Provide all students with a high-quality, engaging and rigorous civic learning experience;

      2.  Support the civic mission of schools with adequate resources and trained teachers; and

      3.  Maintain standards for civic learning and the means to assess students and schools in meeting them; and

      Whereas, The Legislature desires to express its support for the Campaign for the Civic Mission of Schools, a project of the Council for Excellence in Government and the Academy for Educational Development funded by the Carnegie Corporation of New York and the John S. and James L. Knight Foundation, which has awarded a $150,000, 2-year grant to the Nevada coalition to carry out state advocacy and policy activities to implement the recommendations in the report Civic Mission of Schools; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby declares that it is committed to working with the Advisory Committee on Participatory Democracy, the Department of Education, the State Board of Education, the Superintendent of Public Instruction and each local school district, with the advice and assistance of the University and Community College System of Nevada and the Board of Regents of the University of Nevada, in supporting the goals and work plan as submitted pursuant to Senate Bill No. 309 of the 2003 Legislative Session; and be it further

      Resolved, That the Legislature reaffirms its support for the efforts of the Secretary of State and the Advisory Committee on Participatory Democracy to reach the goals for voter registration and voter participation set forth in that bill for the 2008 General Election; and be it further

      Resolved, That the Advisory Committee on Participatory Democracy, working with the Superintendent of Public Instruction and representatives of other pertinent education organizations interested in improving civic learning in Nevada, should meet before the start of the 2007 Legislative Session to review the status of the recommendations presented in this resolution; and be it further

      Resolved, That the Advisory Committee and Superintendent shall make a full report to the 74th Session of the Nevada Legislature on the achievement of the goals set forth in this resolution; and be it further

      Resolved, That the Legislature hereby honors the first two recipients of the Jean Ford Democracy Award, Larry Struve, Outstanding Public Citizen, and Mark Peplowski, Outstanding Educator, for exemplary service in promoting participatory democracy in this State; and be it further

 


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2005 Statutes of Nevada, Page 3015 (File Number 42, SCR 24)

 

and Mark Peplowski, Outstanding Educator, for exemplary service in promoting participatory democracy in this State; and be it further

      Resolved, That the Legislature hereby declares April 27, 2005, Democracy Day in the Nevada State Legislature; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Larry Struve, Mark Peplowski, the President of the State Board of Education, the Superintendent of Public Instruction, the Chairman of the Board of Regents of the University of Nevada, the Secretary of State and the Advisory Committee on Participatory Democracy.

________

 

FILE NUMBER 43, ACR 24

Assembly Concurrent Resolution No. 24–Assemblymen Anderson, Allen, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

Joint Sponsors: Senators Mathews, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 43

 

Assembly Concurrent RESOLUTION—Memorializing lifelong humanitarian Thomas Eugene Swart.

 

      Whereas, Tears of sadness were mingled with warm-hearted memories of, and with love and appreciation for, Thomas Eugene Swart upon his death on November 10, 2004; and

      Whereas, Thomas Swart, a lifelong resident of Nevada, passed away in his home at the age of 92; and

      Whereas, Tom was born in Sparks on October 29, 1912, to Elizabeth and Clarence Swart, and a neighbor from his “growing-up years” fondly recalls the neighborhood games played under the street lamps during their high school days; and

      Whereas, Following his graduation as a “Railroader” from Sparks High School in 1930, Tom began working in the shops for the Southern Pacific Railroad and later became a salesman at Harry’s Business Machines, where he worked for 5 years selling typewriters and calculators; and

      Whereas, Tom continued his career as a salesman by taking a job with Moore Business Forms, during the course of which he traveled his beloved State for 37 years until his retirement in 1974; and

      Whereas, An untold number of lives were touched and enriched by Tom Swart as he became a pillar of humanitarianism in his community; and

      Whereas, As the youngest Master, Scottish Rite, in the history of DeMolay’s Wadsworth Lodge No. 25 Free and Accepted Masons, Tom unselfishly dedicated time to help prepare young men to lead successful, happy and productive lives; and

 


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2005 Statutes of Nevada, Page 3016 (File Number 43, ACR 24)

 

      Whereas, The years spent serving on the Board of the Shriners Hospital for Children that was located in San Francisco represented another aspect of Tom’s benevolent spirit toward others; and

      Whereas, Tom further demonstrated his concern for the betterment of his fellow man through his participation in community service projects and programs with the Reno Kiwanis Club during the years he worked for Moore Business Forms; and

      Whereas, Because of Tom’s enthusiasm about the history of the State of Nevada, and Sparks in particular, he was instrumental in the founding of the Sparks Heritage Foundation and Museum, and he spent many years volunteering there; and

      Whereas, The installation of a proper monument at the Masonic Memorial Gardens Cemetery in Reno for former Governor Emmet Boyle, the first Nevada-born Governor, constitutes another community project for which Tom Swart’s involvement was critical; and

      Whereas, In addition to the wonderful humanitarian efforts Tom performed for the State of Nevada, his legacy of warmth and friendliness lives through his family and the lives of those to whom he so generously gave; and

      Whereas, Whenever the name of Tom Swart is mentioned, everyone who knew him will recall with great affection his tremendous memory and the engaging stories he loved to tell about his life; and

      Whereas, One story that will probably be repeated often is a tale which proves that his love of life and adventure never grew old, as at the age of 80, Tom decided to ride the Giant Dipper, a monstrous, wooden rollercoaster in Santa Cruz, California, and the ride was great, but the hat was lost; and

      Whereas, Tom was preceded in death by his beloved wife, Freda Fremd Swart of Susanville, California, and a marriage of 54 years speaks for his devotion to her and his family; and

      Whereas, The admiration and appreciation for Thomas Swart from his community and the residents of Nevada is superseded only by the love of his family for this caring, giving, supportive husband, father, grandfather and great-grandfather; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature do hereby express their admiration and appreciation for the contributions made to the community of Reno-Sparks and to the State of Nevada by Thomas Eugene Swart; and be it further

      Resolved, That each Legislator conveys sincere condolences to the family and friends of this model of the philanthropic spirit; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Thomas Swart’s daughters, Barbara Courtnay of Reno, Nevada, and Diane Johnson of Ashland, Oregon.

________

 

 


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2005 Statutes of Nevada, Page 3017

 

FILE NUMBER 44, ACR 25

Assembly Concurrent Resolution No. 25–Assemblymen Weber, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley and Smith

 

Joint Sponsors: Senators Rhoads, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 44

 

Assembly Concurrent RESOLUTION—Commemorating the 20th anniversary of the sister-state relationship between the State of Nevada and the Republic of China on Taiwan.

 

      Whereas, On October 24, 1985, the State of Nevada invited the Republic of China on Taiwan to join the State of Nevada as a sister state to strengthen international understanding and good will and to establish a greater friendship between the residents of Nevada and Taiwan; and

      Whereas, For the past 20 years, the bonds of friendship have strengthened resulting in a better understanding of the economic, social and cultural heritages of Nevada and Taiwan; and

      Whereas, As a token of this friendship, in 1991, the people of Taiwan presented the State of Nevada with two beautiful metal state seals which were placed prominently on the north and south exterior walls of the Legislative Building; and

      Whereas, In 1993, The State of Nevada was honored by receiving as a gift, five beautiful paintings by Professor James Yeh-Jau Liu and Professor Wang Ch’ang-chieh which are displayed inside the Legislative Building; and

      Whereas, The commercial interaction with the Republic of China on Taiwan and the State of Nevada has grown substantially with each passing year resulting in increased economic growth for both Taiwan and Nevada; and

      Whereas, Taiwan is the seventh largest trade partner of the United States, with over $45 billion in two-way trade in 2003; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature, on behalf of the people of the State of Nevada, do hereby express their sincere gratitude and appreciation to the people of the Republic of China on Taiwan for 20 years of enlightenment, friendship and mutual economic growth as our sister state; and be it further

      Resolved, That it is with great pride that the State of Nevada looks forward to many more rewarding years as a sister state with the Republic of China on Taiwan; and be it further

 

 


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2005 Statutes of Nevada, Page 3018 (File Number 44, ACR 25)

 

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Director General Matthew S. Lee of the Taipei Economic and Cultural Office in San Francisco.

________

 

FILE NUMBER 45, ACR 26

Assembly Concurrent Resolution No. 26–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 45

 

Assembly Concurrent RESOLUTION—Congratulating Director General Matthew S. Lee on assuming the position of Representative of the Taipei Mission to Latvia and Mark W. P. Liao on being named successor to the position of Director General of the Taipei Economic and Cultural Office in San Francisco, California.

 

      Whereas, The Republic of China on Taiwan has been a true friend and partner of the State of Nevada in an enduring sister-state relationship for 20 years; and

      Whereas, For more than 3 years, the Taipei Economic and Cultural Office in San Francisco has operated successfully under the guidance of the highly respected Director General Matthew S. Lee; and

      Whereas, Upon assuming the position of Director General of the Taipei Economic and Cultural Office in San Francisco, Director General Matthew S. Lee quickly became a good friend of the State of Nevada, strengthening the bond that has grown with each passing year; and

      Whereas, Among his many accomplishments during his term at the Taipei Economic and Cultural Office, Director General Matthew S. Lee has helped strengthen the relationship between the Republic of China on Taiwan and the State of Nevada; and

      Whereas, Before his departure on June 10, 2005, to assume the position of Representative of the Taipei Mission to Latvia, Director General Matthew S. Lee will be honored in a number of receptions to be held in appreciation for his dedication, cooperation and exceptional leadership; and

      Whereas, On June 11, 2005, the honorable Mark W. P. Liao will assume the position of Director General of the Taipei Economic and Cultural Office in San Francisco; and

      Whereas, Mark W. P. Liao’s educational background includes a Bachelor of Arts degree from National Chengchi University in Taiwan and a Master of Science in Foreign Service degree from Georgetown University, and he also was a visiting scholar at Stanford University; and

      Whereas, In addition to his outstanding educational background, Mark W. P. Liao has had a distinguished career with the Republic of China on Taiwan, including serving as Director General in Auckland, New Zealand, Director of Political Affairs in the United Kingdom, Secretary General of the NGO Affairs Committee with the Ministry of Foreign Affairs and, most recently, 3 years as the Deputy Director General of the Taipei Economic and Cultural Office in San Francisco; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby expresses its appreciation for the outstanding efforts made by Director General Matthew S. Lee to further an understanding between the State of Nevada and the Republic of China on Taiwan and congratulates him on assuming the position of Representative of the Taipei Mission to Latvia; and be it further

 


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2005 Statutes of Nevada, Page 3019 (File Number 45, ACR 26)

 

China on Taiwan and congratulates him on assuming the position of Representative of the Taipei Mission to Latvia; and be it further

      Resolved, That the Nevada Legislature looks forward to working together in the future with Director General Mark W. P. Liao while continuing to strive for a strengthening of relations between the Republic of China on Taiwan and the State of Nevada; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Director General Matthew S. Lee and Director General Mark W. P. Liao of the Taipei Economic and Cultural Office in San Francisco.

________

 

FILE NUMBER 46, AR 5

Assembly Resolution No. 5–Assemblymen Perkins, Buckley, Hettrick, Allen, Anderson, Angle, Arberry Jr., Atkinson, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 46

 

Assembly RESOLUTION—Expressing appreciation to the Chief Clerk of the Assembly, Assembly Front Desk Staff, Sergeant at Arms and his staff, Personal Attach้s, Committee Members, Committee Attach้s, Clerical Services Staff, Bill Services Staff and other Attach้s of the Assembly for their commitment and exceptional performance during the 73rd Session of the Nevada Legislature.

 

      Whereas, With each session, the Chief Clerk of the Assembly, Assembly Front Desk Staff, Sergeant at Arms and his staff, Personal Attach้s, Committee Members, Committee Attach้s, Clerical Services Staff, Bill Services Staff and other Attach้s of the Assembly take on the daunting responsibility of ensuring that the Legislative Session runs smoothly; and

      Whereas, There are different challenges facing each new session of the Legislature, requiring that the staff of the Assembly take on difficult tasks which they execute with efficiency and dedication; and

      Whereas, The extraordinary individuals who have chosen to work with the Assembly during the 73rd Session of the Nevada Legislature have worked diligently and efficiently in their service to the members of the Assembly and to the people of our State; and

      Whereas, The professional attitude and tireless efforts of the staff of the Assembly are truly appreciated and valued as these extraordinary individuals assist the members of the Assembly in carrying out their duties on behalf of the residents of the State of Nevada; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 73rd Session of the Nevada Legislature do hereby express their sincere appreciation for the commitment and proficiency with which their staff performs its duties and do hereby commend the outstanding support staff of the Assembly, which includes Nancy Tribble, Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Jason Hataway, Harle Glover, Kasey Sheldon, Terry Sullivan, Robin Bates, Gwenavere Dally, Steven Henricksen, Kathlean Maskaly, Kyle Wentz, June Rigsby, Theresa Horgan, Kathryn Alden, Jennifer Arias, Ethan Guillen, Dylan Shaver, Marge Griffin, Barbara Houger, Nenita Wasserman, Kerry Porec, Christina Bailey, Laurel Armbrust, Kathryn Oetting, Sheree Rosevear, Julie Morrison, Patricia Hutson, Jasmine Shackley, Victoria Thompson, Millicent Jorgenson, Rachel Pilliod, Deanna Duncan, Angela Flores, Linda Utt, Stacy Shaffer, Connie Davis, Anne Bowen, Susan Cherpeski, Lila Clark, Linda Smith, Carol J.

 


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2005 Statutes of Nevada, Page 3020 (File Number 46, AR 5)

 

Gwenavere Dally, Steven Henricksen, Kathlean Maskaly, Kyle Wentz, June Rigsby, Theresa Horgan, Kathryn Alden, Jennifer Arias, Ethan Guillen, Dylan Shaver, Marge Griffin, Barbara Houger, Nenita Wasserman, Kerry Porec, Christina Bailey, Laurel Armbrust, Kathryn Oetting, Sheree Rosevear, Julie Morrison, Patricia Hutson, Jasmine Shackley, Victoria Thompson, Millicent Jorgenson, Rachel Pilliod, Deanna Duncan, Angela Flores, Linda Utt, Stacy Shaffer, Connie Davis, Anne Bowen, Susan Cherpeski, Lila Clark, Linda Smith, Carol J. Thomsen, Mirenda Haywood, Vanessa Brown, Joe Bushek, James Cassimus, Mary Garcia, Sarah Gibson, Celeste Gunther, Nancy Haywood, Judy Maddock, Jane Oliver, Paul Partida, Linda Ronnow, Michael Shafer, Gregory Sharry, Carole Snider, Shari Andreasen, Katherine Andrews, Casey Bales, Matthew Mowbray, Susan Bailey, Patricia Baker, C. Ryan Bauman, Mary Bean, Chelsea Bibb, Alecia Biddison, Sylvia Brown, MaryLou Burks, Cynthia Carter, Patrick Cowan, Ann Marie Cutkosky, Keris Dahlkamp, Vicky Goodson, Donna Hancock, Joyce Hess, Novella Kowallek, Carol Loomis, Christopher Mayhew, Carolyn Maynick, Toshiko McIntosh, Alan Mills, Linda Paul, Loretta Peterson, Helen Poupeney, Sheila Sease, Ashley Smith, Jerry Stacy, Janet Stokes, Maxine Milabar, Stephanie Elliott, Michael Nakamoto, Jerry Pieretti, Bruce Pfeiffer, William Souligny, June Bennett, Norm Budden, Mary Carel, Diane Bacus, Brandi Colunga, John Davis Jr., Gail Eller, Mark Frady, Joyce Ghiselli, Don Hataway, Juanita Heston, Stephen Honey, Laverne LaFleur, Lois Lahair, Teresa Love, Bob Maynick, Reid Meyer, Robert Murphy, Elaine Quilici and Frank Tetz; 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.

________

 

FILE NUMBER 47, ACR 5

Assembly Concurrent Resolution No. 5–Assemblymen Leslie, McClain, Anderson, Parks, Atkinson, Buckley, Denis, Giunchigliani, Horne, Koivisto, Manendo, Parnell, Pierce and Smith

 

FILE NUMBER 47

 

Assembly Concurrent RESOLUTION—Urging school districts in Nevada to participate in the federally funded School Breakfast Program.

 

      Whereas, The School Breakfast Program is a fully funded federal program which has been available to all school districts since 1966 and which provides cash subsidies from the United States Department of Agriculture to schools that participate; and

      Whereas, There are approximately 132,000 children attending schools in Nevada who are eligible for a free or reduced-price breakfast through the Program because of the level of their family income; and

      Whereas, Of those children who qualify, fewer than 40,000 currently receive a free or reduced-price breakfast at school, leaving more than 92,000 eligible children who may not eat their first meal of the day until lunchtime; and

      Whereas, There are 83 schools in Nevada that do not offer the School Breakfast Program to any of the children enrolled in their school; and

 


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2005 Statutes of Nevada, Page 3021 (File Number 47, ACR 5)

 

      Whereas, School districts in this State currently receive $8,844,236 annually in federal money for the School Breakfast Program; and

      Whereas, If each school district in Nevada provided breakfast to all income-eligible children who qualify for a free or reduced-price breakfast, approximately $14,108,618 would be generated each year into the economy of the State; and

      Whereas, While the residents of the State of Nevada pay taxes to the Federal Government to fund this type of entitlement program, they do not fully benefit from that fiscal investment because nonparticipating or under-participating schools do not receive those tax dollars back in the form of funding for the School Breakfast Program; and

      Whereas, Nevada’s workforce is negatively impacted by generations of school children who have not received the benefits of a nutritious breakfast; and

      Whereas, Research proves that the health benefits of eating breakfast include fewer student illnesses, fewer sick days, fewer visits to the school nurse and increased ability to concentrate during the critical morning hours of instruction; and

      Whereas, It is a well-established fact that students who come to school hungry cannot fully benefit from their educational experience and are therefore unnecessarily “left behind,” even though these same schools are already providing school lunches; and

      Whereas, Among the verified educational benefits of a nutritious breakfast are increased test scores, less tardiness, fewer suspensions, increased alertness and a greater level of classroom participation by students; and

      Whereas, In addition to the obvious nutritional benefits, the appropriate modeling by schools of nutritious meals could, in turn, decrease the current dramatic rise in childhood obesity; and

      Whereas, These economic, health, educational and nutritional benefits are further enhanced when one considers that the parents of these children must be at or below 130 percent of the federal poverty level to qualify for a free breakfast and between 130 and 185 percent of the federal poverty level to receive a reduced-price breakfast, and the consistent provision of breakfast at school would allow these parents to redirect their limited resources toward other key necessities such as shelter, medical assistance and gasoline; and

      Whereas, Because mornings are often too rushed for breakfast, parents who are not as economically stressed could also take advantage of this nutrition program by paying for their children to eat breakfast at school, thus making the School Breakfast Program a benefit to all of Nevada’s school children; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby strongly encourages the school districts in this State to:

      1.  Offer school breakfast in every school in Nevada that has a population of over 100 students; and

      2.  Increase the number of students participating in the School Breakfast Program in Nevada by 15 percent by the end of the year 2005 and by another 15 percent by the end of the year 2006 so that the statewide participation would effectively become 40 percent of those students who are qualified for free and reduced-price breakfasts; and be it further

 


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2005 Statutes of Nevada, Page 3022 (File Number 47, ACR 5)

 

      Resolved, That each school district is requested to submit a written, detailed progress report to the Assembly Committee on Education, the Senate Committee on Human Resources and Education, the Assembly Ways and Means Committee and the Senate Finance Committee in the first month of the 74th Legislative Session so that each committee can be assured that no child is being denied the entitlement to a nutritious breakfast at school; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Superintendent of Public Instruction and to the superintendent of schools of each school district in the State of Nevada.

________

 

FILE NUMBER 48, SCR 15

Senate Concurrent Resolution No. 15–Committee on Natural Resources

 

FILE NUMBER 48

 

SENATE CONCURRENT RESOLUTION—Commending the participants in the successful effort to improve the conservation of and assist in preventing the listing of the sage grouse as a threatened or endangered species and encouraging the continuation of conservation efforts.

 

      Whereas, In recent years, concern has been expressed throughout the western United States, including the State of Nevada, that the quality and quantity of the populations and habitat of the sage grouse have been declining because of fires, invasion of nonnative plants, urban sprawl, encroachment of pinion juniper into sagebrush habitat, increased predation and other disturbances; and

      Whereas, Between 1999 and 2004, eight petitions were filed with the United States Fish and Wildlife Service requesting that the sage grouse be listed as a threatened or endangered species under the federal Endangered Species Act of 1973, and as a result of the petitions, an in-depth review of the status of the species was initiated by the Service on April 15, 2004; and

      Whereas, The listing of the sage grouse as a threatened or endangered species posed a devastatingly negative impact on Nevada’s land development, land use, water use, mining, recreational activities and local economies; and

      Whereas, Recognizing the extent of the potential impact on Nevada and the need for action to prevent it, Governor Guinn appointed the Sage-Grouse Conservation Team in August 2000, composed of 25 members who represented industry, Native American tribal governments, conservation organizations, land-managing agencies, Legislators and the field of biology, to address concerns about the declining population of sage grouse in our State and to create a proactive strategy of conservation that would lay the framework for local groups to follow when establishing conservation plans for their respective areas; and

      Whereas, Beginning in the spring of 2002, six regional planning teams, which eventually became seven, consisting of experts from various backgrounds at the federal and local levels and volunteers whose donation of nearly 9,300 hours is estimated at more than $300,000, began extensive monitoring efforts and initiated regular meetings to develop local plans to improve conservation of sage grouse populations before the species reached a threshold of vulnerability from which recovery might be difficult; and

 


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2005 Statutes of Nevada, Page 3023 (File Number 48, SCR 15)

 

improve conservation of sage grouse populations before the species reached a threshold of vulnerability from which recovery might be difficult; and

      Whereas, As the result of the coordinated efforts of the Sage-Grouse Conservation Team and the regional planning teams, the Greater Sage-Grouse Conservation Plan for Nevada and Eastern California was released in June 2004, containing an assessment of sage grouse populations in Nevada, risk factors facing those populations, strategies to reduce the risk factors, methods for implementation of the strategies and monitoring mechanisms for the effectiveness of the strategies; and

      Whereas, The unprecedented and unique partnership established to solve this critical problem of such local and statewide significance serves as a model for future initiatives relating to conservation issues that concern western states and sets a precedent for accomplishing the resolution of such issues through regional resource planning efforts and proactive steps instead of by regulation; and

      Whereas, The sage grouse population is not only of concern to the State of Nevada and eastern California, but is also an issue for 10 other western states and for areas in two Canadian provinces, which have published Conserving the Greater Sage Grouse, a compilation of the state and local conservation efforts across the entire sage grouse range; and

      Whereas, On January 7, 2005, commending the “Federal and state agencies as well as the local working groups for their current efforts to maintain or improve sagebrush habitat” and encouraging them to “continue to move forward with the new plans to develop and implement conservation strategies throughout the grouse’s range,” the Director of the United States Fish and Wildlife Service announced the final determination that the sage grouse would not be placed on the list of threatened or endangered species; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature hereby recognize and commend the Governor’s Sage-Grouse Conservation Team, the federal, state and local agencies, and the volunteers who collaborated on this project for their successful effort in contributing to the prevention of the listing of the sage grouse as a threatened or endangered species; and be it further

      Resolved, That the Legislators of the State of Nevada hereby acknowledge and express pride in the leadership that the State of Nevada has exhibited in this matter in emphasizing negotiations over the regulatory process and involving residents, governmental agencies and resource specialists as decision-makers; and be it further

      Resolved, That the Legislature encourages all those involved to contribute their efforts to implement and maintain the strategies developed so that sage grouse populations and habitat can be restored and an ecological crisis averted; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Kenny Guinn, the University of Nevada Cooperative Extension, and the Department of Wildlife for distribution to the seven regional planning teams.

________

 

 


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2005 Statutes of Nevada, Page 3024

 

FILE NUMBER 49, SCR 25

Senate Concurrent Resolution No. 25–Senators Tiffany, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Sibley, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Smith and Weber

 

FILE NUMBER 49

 

Senate Concurrent RESOLUTION—Commending Frank Lamping Elementary School on its visionary and ambitious science program.

 

      Whereas, Frank Lamping Elementary School, located in Henderson, Nevada, is involving the entire community in its mission to give its students an advantage in science by planting the seeds of inquiry early and by exposing children to hands-on experiments that allow them to see, touch, taste and smell the wonders of science at an early age; and

      Whereas, On November 14, 2000, the Frank Lamping Elementary School opened its Christa McAuliffe Observatory, built with a grant procured by science teacher Cathy Grimes from the Christa McAuliffe Fellowship Program, providing the students, teachers and the community the ability to view the planets and stars; and

      Whereas, In the fall of 2004, the administration, faculty, staff and parents and friends of students at the Frank Lamping Elementary School raised nearly $90,000 to bring the Space Explorers Program developed by the Total Learning Research Institute to southern Nevada; and

      Whereas, The Space Explorers Program uses a three-quarters scale working model of the space shuttle cockpit and its corresponding mission control center to teach students teamwork strategies, communication skills, critical thinking, problem solving and decision making as they experience firsthand the tasks of shuttle pilots and mission control technicians; and

      Whereas, The Frank Lamping Elementary School is now in the process of raising funds to build a 4,300 square foot science center and has formed a partnership with Barry and Audrey McCool of Las Vegas to honor their son, William McCool, space shuttle Columbia’s pilot, by naming the future center the William McCool Science Center, a fitting memorial to William’s plans to teach students the wonders of science when he retired from the National Aeronautics and Space Administration; and

      Whereas, In the William McCool Science Center, students will become astronauts as they fly a model space shuttle cockpit with the help of a mission control station, astronomers as they study the stars and planets using the telescopes and planetarium, scientists as they experiment with biology, chemistry and physics in the science labs, paleontologists as they dig in the outdoor digging station and botanists as they compare and contrast the plant life in the tri-desert garden; and

 


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2005 Statutes of Nevada, Page 3025 (File Number 49, SCR 25)

 

      Whereas, Implanting a love of learning and providing the tools to fuel the excitement that comes with increased knowledge are two of the greatest gifts we can give to the children of our nation as we prepare them to take on productive and satisfying lives in our society; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature commend the vision and ambition of the administrators, faculty, staff and parents and friends of students at Frank Lamping Elementary School as they continue to create a visionary and ambitious science program; and be it further

      Resolved, That the residents of Nevada applaud the dedicated educators at Frank Lamping Elementary School who realize that instilling a love of science in children at the elementary school level strengthens the chance that some students will maintain that interest and eventually choose careers in scientific fields; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Michael O’Dowd, Principal of Frank Lamping Elementary School.

________

 

FILE NUMBER 50, SCR 27

Senate Concurrent Resolution No. 27–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Anderson, Allen, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 50

 

Senate Concurrent RESOLUTION—Memorializing eminent educator and coach Bud Beasley.

 

      Whereas, The members of the Nevada Legislature note with profound sorrow the passing of eminent educator and coach Bud Beasley on July 17, 2004, at the age of 93; and

      Whereas, Born December 8, 1910, in Melrose, New Mexico, and raised in Santa Cruz, California, Bud Beasley became a star athlete at Santa Cruz High School and was encouraged by his football coach, former Nevada All-American James “Rabbit” Bradshaw, to attend the University of Nevada, Reno; and

      Whereas, Bud Beasley began his career as an educator in 1934 as a student teacher, and he has received commendations from four Presidents of the United States and two Nevada Governors, been named Phi Delta Kappa Nevada Teacher of the Year and been recognized by the Nevada-California-Hawaii District of Kiwanis International as Educator of the Year; and

 


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2005 Statutes of Nevada, Page 3026 (File Number 50, SCR 27)

 

      Whereas, Bud Beasley taught over 11,000 students in his 70-year career as a coach and educator, mentoring future judges, coaches, businessmen, legislators, attorneys, doctors, athletes and educators, many of whom say he was one of the biggest influences in their lives; and

      Whereas, State Senator William Raggio, Reno High School class of 1944, indicated that Bud Beasley was an inspiring man who stood for integrity and what was right and that he will be missed; and

      Whereas, Known for his good humor, dynamic storytelling and genuine affection for his students, Bud Beasley loved children and loved to teach, with a special knack for those students who were in difficult circumstances, and his positive outlook on life motivated many students who may have given up on their education were it not for his influence; and

      Whereas, After leaving Reno High School in 1974, Bud Beasley taught adaptive physical education to children with special needs at several schools and taught history and American government at Washoe High School, an alternative school with mostly at-risk students, where one of his students recalled that if a student did not know the answer to a question on the daily quiz, he could write in “The cardinal sin of mankind is ignorance” and get full credit, which only served to further motivate them to learn; and

      Whereas, While an outstanding athlete and coach in many sports, Bud Beasley had a special sparkle in his eyes when he talked about baseball, having pitched professionally for the Sacramento Solons and the Seattle Pilots of the Pacific Coast League during his summers off from teaching, and was especially known for reciting his version of the classic poem “Casey at the Bat” at speaking engagements; and

      Whereas, Having followed the careers of many of his students, collecting vast amounts of news clippings over the years, even sending a constant stream of letters to his former students overseas in World War II, Bud Beasley attended every class reunion and cofounded the Reno High School Alumni Association, in part to keep track of his beloved students by maintaining a database with up-to-date information on them and in part to enhance the recognition of Reno High School and to provide scholarships for its students; and

      Whereas, When Reno High School was moved from its old building to a new one in 1951, Bud Beasley saw precious memorabilia being tossed away, motivating him to begin plans to preserve Reno High history in what is now the Link Piazzo Alumni Center, named after a former student of Bud Beasley and built on the Reno High campus, a virtual museum filled with Re-Wa-Ne yearbooks dating from 1906, band uniforms from 1950, a letter sweater from 1921, a diploma from 1905, class rings and trophies and, the pride and joy of the Association, the bell from the building that housed Reno High School in 1879; and

      Whereas, Having coached the Reno Huskies and taught at Reno High School for 38 years, Bud L. Beasley Athletic Complex was named in honor of his dedication to his students and of the inspiration he gave to the many athletes he coached over the years; and

      Whereas, The entryway of Bud Beasley Elementary School in Sparks bears a dedication plaque which quotes the school’s namesake “May this school become not a shrine to me, but an opportunity for all who enter herein,” echoing his selfless philosophy of serving the children of Nevada; and

 


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2005 Statutes of Nevada, Page 3027 (File Number 50, SCR 27)

 

      Whereas, Bud Beasley and his wife of 67 years, Nellie, cared for dozens of foster children through the years and adopted 17 children; and

      Whereas, Bud Beasley is survived by his beloved wife Nellie and his brother Oral “Tex” Beasley of Pacific Grove, California; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Bud Beasley will long be remembered and greatly missed by his many thousands of students as a teacher and coach who truly cared about them and their futures; and be it further

      Resolved, That Bud Beasley set the standard that all educators and coaches should strive to meet; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Bud’s loving wife Nellie and to his brother Tex.

________

 

FILE NUMBER 51, SCR 28

Senate Concurrent Resolution No. 28–Senators Nolan, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Oceguera, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 51

 

Senate Concurrent RESOLUTION—Commending the California/Nevada Automotive Wholesalers’ Association on 50 years of distinguished service to its members.

 

      Whereas, The California/Nevada Automotive Wholesalers’ Association was established in August 1955 with a mission to provide communications, education, legislative and regulatory advocacy, and group purchasing of services for its members, while promoting the automotive aftermarket industry, which provides products and services for the maintenance of motor vehicles; and

      Whereas, Each year, neglected maintenance of motor vehicles leads to more than 2,600 deaths, nearly 100,000 disabling injuries and more than $2 billion in lost wages, medical expenses and property damage; and

      Whereas, Because disabled vehicles are a major cause of highway congestion and are hazards on the highways, proper maintenance of motor vehicles is a major concern for the safety of the public; and

      Whereas, According to the United States Environmental Protection Agency, 30 percent of motor vehicles are responsible for the majority of vehicular pollution as a result of improper maintenance; and

      Whereas, Proper maintenance of a motor vehicle will reduce fuel usage, saving not only money, but also valuable natural resources; and

 


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2005 Statutes of Nevada, Page 3028 (File Number 51, SCR 28)

 

      Whereas, To educate motorists regarding the importance of the proper maintenance of their motor vehicles, the Association has initiated the “Be Car Care Aware” campaign; and

      Whereas, In its long history of service to its members, the Association established the Multiple Employer Welfare Association in the mid-1980s to provide its members a self-insured, affordable medical and dental insurance package and established an Automotive Parts Association Federal Credit Union, which offers its member employees and families a member-owned financial institution; and

      Whereas, The Association has also been committed to innovative and aggressive public affairs activities, including sponsorship of legislation to eliminate unnecessary state regulation of auto parts distributorships with affiliated machine shops and legislation to guarantee motorists the right to choose independent motor vehicle repair options in this State; and

      Whereas, Activities celebrating this momentous anniversary of the Association will occur throughout the 2005 calendar year, culminating with the annual meeting during Industry Week in November 2005 in Las Vegas, to serve as a reminder of the valuable benefits that the Association provides to its members, public policymakers and motorists in this State and of the Association’s service to the industry; and

      Whereas, The Association continues today as one of the nation’s premiere automotive parts trade associations; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the 73rd Session of the Nevada Legislature takes great pride in commending the members and leadership of the California/Nevada Automotive Wholesalers’ Association on its distinguished history and exemplary record of service to the people of the State of Nevada; and be it further

      Resolved, That the Nevada Legislature applauds the California/Nevada Automotive Wholesalers’ Association for its advocacy on behalf of the automotive aftermarket industry and motorists in general and extends best wishes for continued success in its next 50 years; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the California/Nevada Automotive Wholesalers’ Association.

________

 

FILE NUMBER 52, SCR 3

Senate Concurrent Resolution No. 3–Committee on Human Resources and Education

 

FILE NUMBER 52

 

Senate Concurrent RESOLUTION—Designating the second Wednesday in April as “Service Animal Recognition Day” to heighten public awareness of the importance of service animals and service animals in training to persons with disabilities and to provide opportunities for educating the public on the subject of service animals.

 

      Whereas, Service animals enhance the lives of their human partners by performing a variety of tasks that are important to an individual’s independence, mobility, confidence and comfort; and

 


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2005 Statutes of Nevada, Page 3029 (File Number 52, SCR 3)

 

      Whereas, Persons with disabilities have the same rights to free and equal participation in society that persons without disabilities have, including access to public accommodations and public transportation and to nondiscrimination in practices related to housing and employment; and

      Whereas, The Americans With Disabilities Act and the laws of the State of Nevada protect the rights of persons with disabilities and their service animals as well as those of trainers of service animals and service animals in training; and

      Whereas, There is a need for increased public awareness of the importance of service animals and service animals in training to persons with disabilities and of the rights of those who use service animals; and

      Whereas, Education is essential to alert the public to the harm that is caused by the fraudulent misrepresentation of pets as service animals or service animals in training and by the failure of pet owners to control their animals in the presence of a service animal or service animal in training; and

      Whereas, The residents of Nevada need to know that interference with, harming or killing a service animal or service animal in training may result in criminal penalties and civil liability for the offender or the owner of an offending animal; and

      Whereas, Local governments, local government organizations and law enforcement agencies should be made aware of the importance of enforcing existing local ordinances related to animal control to protect the rights of persons with disabilities and enable them to use service animals safely; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That April 13, 2005, is hereby designated as “Service Animal Recognition Day” in Nevada; and be it further

      Resolved, That the Northern Nevada Center for Independent Living and the Southern Nevada Center for Independent Living are hereby asked to coordinate activities that encourage the residents of the State of Nevada to recognize and celebrate the second Wednesday in April of each subsequent year as Service Animal Recognition Day; and be it further

      Resolved, That chambers of commerce, local governments, local governmental organizations and law enforcement agencies are urged to provide training on the rights of persons with disabilities with service animals to access public accommodations and public transportation and to nondiscrimination in employment; and be it further

      Resolved, That local governments and other organizations are hereby advised that the Nevada Equal Rights Commission has jurisdiction over the resolution of complaints of unlawful discriminatory practices related to housing, employment and public accommodations; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Department of Human Resources, the Department of Education to make available to the schools in Nevada, law enforcement agencies, the Nevada Association of Counties for distribution to local governments, the Northern Nevada Center for Independent Living and the Southern Nevada Center for Independent Living.

________

 

 


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2005 Statutes of Nevada, Page 3030

 

FILE NUMBER 53, ACR 27

Assembly Concurrent Resolution No. 27–Assemblyman Perkins

 

Joint Sponsor: Senator Raggio

 

FILE NUMBER 53

 

Assembly Concurrent RESOLUTION—Recognizing May 4, 2005, as Peace Officers’ Memorial Day and May 15 through 21, 2005, as Peace Officers’ Memorial Week in Nevada.

 

      Whereas, Of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and

      Whereas, The dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and

      Whereas, Seeing a need to honor those who died trying to make a safer life for American citizens, on October 1, 1962, President John F. Kennedy signed Public Law 87-726 designating National Peace Officers’ Memorial Day and National Police Week; and

      Whereas, In 1994, the United States Congress and President William J. Clinton approved Public Law 103-322 directing that the flag of the United States be displayed at half-staff on all government buildings on May 15 each year as a special tribute to the brave men and women who died upholding our laws and preserving public safety; and

      Whereas, This year marks the 17th annual candlelight vigil held at the site of the National Law Enforcement Officers’ Memorial in Washington, D.C., where, since 1989, thousands have gathered to salute all of America’s law enforcement heroes, both past and present; and

      Whereas, During the week of May 15 through May 21, 2005, National Police Week will be observed throughout the nation to increase public awareness of the hazardous work, serious responsibilities, strong commitment and sacrifices of our nation’s peace officers and to provide the opportunity to appreciate the heroic men and women who have dedicated their lives to preserving public safety; and

      Whereas, In conjunction with this important observance, May 4, 2005, will be observed as Peace Officers’ Memorial Day and May 15 through 21, 2005, will be observed as Peace Officers’ Memorial Week in Nevada in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; and

      Whereas, These special observances provide all Nevadans with the opportunity to appreciate the heroic men and women who have dedicated their lives to preserving public safety; and

      Whereas, The tragic loss felt when a peace officer is killed in the line of duty is expressed in these poignant words from a poem by Harry Koch:

Yes, somebody killed a policeman today,

It happened in your town or mine.

While we slept in comfort behind our locked doors,

A cop put his life on the line.

Now, his ghost walks a beat on a dark city street,

and he stands at each new rookie’s side.

He answered the call and gave us his all,

And a part of America died;

 


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2005 Statutes of Nevada, Page 3031 (File Number 53, ACR 27)

 

now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature do hereby recognize May 4, 2005, as Peace Officers’ Memorial Day and May 15 through 21, 2005, as Peace Officers’ Memorial Week in the State of Nevada; and be it further

      Resolved, That the Legislature urges all residents of this State to remember those who have given their lives while preserving our safety, to attend the special ceremonies held in their honor and to express appreciation to those who continue to face death every day in their dedication to making Nevada a safer place in which to live.

________

 

FILE NUMBER 54, SCR 29

Senate Concurrent Resolution No. 29–Senators Wiener, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend and Washington

 

Joint Sponsors: Assemblymen Leslie, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 54

 

Senate Concurrent RESOLUTION—Acknowledging the planning group established by the Health Division of the Department of Human Resources and the Department of Education for its collaborative commitment to design a statewide policy to prevent obesity in Nevada.

 

      Whereas, According to the Centers for Disease Control and Prevention and the Nevada State Health Division, nearly 40 percent of adults in Nevada are overweight and nearly 22 percent of Nevada’s adults are obese, and since 1992, obesity in Nevada has increased 73 percent; and

      Whereas, According to the United States Surgeon General, childhood obesity is responsible for 50 percent of new cases of pediatric diabetes, sleep apnea and asthma, and overweight adolescents have a 70 percent chance of becoming overweight or obese adults; and

      Whereas, Health risks associated with obesity include cardiovascular disease, hypertension, diabetes, stroke, arthritis, gallbladder disease and certain cancers; and

      Whereas, Obesity has an enormous impact on health care costs and businesses in this country; and

      Whereas, In recognition of the direct and indirect costs to the State of Nevada from overweight, obese and unhealthy residents of the State, Senate Concurrent Resolution No. 13 of the 2003 Legislative Session directed the Legislative Committee on Health Care to appoint a subcommittee to study the medical and societal costs and impacts of obesity in Nevada; and

 


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2005 Statutes of Nevada, Page 3032 (File Number 54, SCR 29)

 

      Whereas, In response to this legislative study, the Health Division of the Department of Human Resources and the Department of Education established a planning group to network with groups and organizations interested in preventing obesity, with the goal of coordinating their efforts and receiving input about ways to prevent obesity in Nevada; and

      Whereas, The Health Division leveraged existing federal funding for chronic disease prevention to subgrant to the Nevada Public Health Foundation for the facilitation of meetings throughout the State; and

      Whereas, The meetings held in Carson City, Las Vegas, Reno and Winnemucca yielded valuable information that will be consolidated and published by the Health Division as the State Obesity Plan; and

      Whereas, Participants at these meetings included representatives from the Bureau of Community Health and the Bureau of Family Health Services of the Health Division, the Welfare Division of the Department of Human Resources, the Nevada Public Health Foundation, the Great Basin Primary Care Association, the University of Nevada School of Medicine and Schools of Public Health and the nutrition programs of the University, the Cooperative Extension of the University of Nevada, the Golden Health Medical Center in Elko, the Reno-Sparks Indian Colony Health and Human Services Clinic, Washoe County Senior Services, the Washoe County District Health Department, the YMCA of the Sierra, the High Sierra Area Health Education Center, the Southern Nevada Area Health Education Center, the Food Bank of Northern Nevada, the American Heart Association of Nevada, Special Recreation Services, Inc., The Children’s Cabinet, Inc., Project MANA (Making Adequate Nutrition Accessible), the school districts of Clark County, Nye County, Pershing County and Washoe County, the Nevada PTA, the Teachers Health Trust, the Dairy Council of Utah/Nevada, the Clark County Health District, Sierra Health Services, Inc., Sunrise Hospital and Medical Center, the Moapa Paiute Band, the Carson City Recreation Department, Carson-Tahoe Hospital, the Ron Wood Family Resource Center, Nevada Hispanic Services of Carson City, Health Smart of Carson City, Friends in Service Helping of Carson City and the Carson City Public Health Department; and

      Whereas, The priority goals identified at these meetings include preventing obesity among children, creating and improving community environments to make physical activities available and more conducive for use by youth and adults, promoting workplace wellness, sharing information and resources relating to the prevention of obesity and studying the relationship between poverty and obesity; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature commend the vision of the Health Division of the Department of Human Resources and the Department of Education in the establishment of the planning group and recognize the efforts of the Nevada Public Health Foundation in facilitating meetings to gather information and hear the concerns of organizations and groups dedicated to the prevention of obesity; and be it further

      Resolved, That the Legislature further applauds the work of organizations in our State determined to prevent chronic disease and supports the Health Division as it prepares the State Obesity Plan, which will serve as an essential reference for steps that are necessary to prevent the chronic disease of obesity in Nevada; and be it further

 


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2005 Statutes of Nevada, Page 3033 (File Number 54, SCR 29)

 

      Resolved, That the people of the State of Nevada praise the public and private partnerships formed in the ongoing pursuit of protecting the health of the residents of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Health Division of the Department of Human Resources, the Department of Education and the Nevada Public Health Foundation.

________

 

FILE NUMBER 55, SR 8

Senate Resolution No. 8–Senators Raggio and Titus

 

FILE NUMBER 55

 

Senate RESOLUTION—Providing for the appointment of additional attaches for the Senate.

 

      Resolved by the Senate of the State of Nevada, That Barbara K. Evans and Lora Nay are elected as additional attaches of the Senate for the 73rd Session of the Nevada Legislature.

________

 

FILE NUMBER 56, SCR 30

Senate Concurrent Resolution No. 30–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Perkins, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 56

 

Senate Concurrent RESOLUTION—Memorializing former First Lady Carolyn O’Callaghan.

 

      Whereas, Fulfilling the demands and expectations placed on the First Lady of Nevada is a uniquely challenging responsibility; and

      Whereas, Carolyn Randall O’Callaghan quietly and graciously took charge of the role with the greatest dignity, serving Nevadans in such a way as to evoke the admiration of everyone who knew her, as well as those who will imitate her as a model and guidepost in the future; and

      Whereas, Carolyn Randall, the daughter of Claude and Marjorie Randall, was born on December 15, 1935, in Twin Falls, Idaho, where she spent many happy childhood hours playing in the greenhouses behind her family’s flower shop, and is remembered as a nature lover and a tomboy who enjoyed riding stick horses in the fields; and

      Whereas, In spite of her tomboyish propensities, this young lady early revealed her maternal instincts, as her sister Harriet recalls that Carolyn “on her own as a teenager took on the responsibility of looking after me” and “took me everywhere with her”; and

 


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2005 Statutes of Nevada, Page 3034 (File Number 56, SCR 30)

 

her own as a teenager took on the responsibility of looking after me” and “took me everywhere with her”; and

      Whereas, Carolyn attended the University of Idaho in Moscow, where she met Mike O’Callaghan, and the two were married on August 25, 1954, and remained devoted to each other during the almost 50 years they were together; and

      Whereas, In 1971, when Mike became Governor and Carolyn assumed her position as First Lady of Nevada, she set a standard for hospitality that is unequaled by maintaining the proper sophistication while truly making the Governor’s Mansion the house of the people of Nevada, as seen in her custom of rising early each morning to serve coffee at the kitchen table and discuss the issues of the day with the mailman, milkman and whoever else might be passing by and in her joy of “spooking-up” the Mansion at Halloween and making hundreds of bags of popcorn to hand to trick-or-treaters; and

      Whereas, One favorite story about this very special First Lady involves the time when the Governor received word that picketers from Las Vegas had gathered at the Governor’s Mansion to protest his support of the motorcycle helmet law, but on arriving to evaluate the situation, he discovered only dozens of picket signs on the porch and lawn because Carolyn, explaining that those people had come all the way from Las Vegas and it was cold outside, had everyone in the kitchen being served coffee, hot chocolate and lunch; and

      Whereas, In her private life, Carolyn was known for athletic ability that enabled her to win numerous bowling tournaments and pro-am golf championships, and as a person who could do anything she set her mind to, she even included the driving of school buses and moving vans as well as the building of an addition to the family home in her repertoire of skills; and

      Whereas, In addition to athleticism, keen driving abilities and carpentry, Carolyn excelled as a guitar player, gourmet cook, crack shot and masterful angler who, in fact, just 3 weeks before her death, had taken several of her grandchildren on a fishing expedition to Lake Mead; and

      Whereas, As a wife, Carolyn’s love and support for her husband knew no limits, and even though she disagreed with him on many issues, she knew they thought alike regarding all the most important subjects including their children, their family and their home; and

      Whereas, Her children remember Carolyn as a “class lady” and a mom who created a tight-knit family in a home filled with love, living intensely her belief that family came before politics; and

      Whereas, Underneath all the external qualities making her such a remarkable woman, lay the vivaciousness and inner beauty that created the magnetic charisma of this First Lady whom friends remember as a generous benefactor completely consumed with doing good for others and as a mentor who taught them how to be better people; and

      Whereas, Carolyn Randall O’Callaghan slipped away on August 7, 2004, only a few months after losing the love of her life, and those who knew her well find comfort in believing that she and Mike are together in a better place and that they did indeed celebrate that 50th wedding anniversary together; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 73rd Session of the Nevada Legislature express their respect and admiration for Carolyn Randall O’Callaghan as a loving, compassionate, dedicated wife and mother who served the people of Nevada as their First Lady with the honor and dignity befitting that position, and they offer their sincerest condolences to Carolyn’s beloved family and to the friends whose love and respect she earned through the quality of the life she lived; and be it further

 


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2005 Statutes of Nevada, Page 3035 (File Number 56, SCR 30)

 

O’Callaghan as a loving, compassionate, dedicated wife and mother who served the people of Nevada as their First Lady with the honor and dignity befitting that position, and they offer their sincerest condolences to Carolyn’s beloved family and to the friends whose love and respect she earned through the quality of the life she lived; and be it further

      Resolved, That Carolyn O’Callaghan will always be remembered fondly in the annals of great personages of the State of Nevada; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Carolyn’s treasures on Earth, her children Michael, Brian, Tim, Colleen and Teresa.

________

 

FILE NUMBER 57, SCR 31

Senate Concurrent Resolution No. 31–Senators Raggio, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Perkins, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 57

 

Senate Concurrent RESOLUTION—Memorializing former Governor Mike O’Callaghan.

 

      Whereas, Tracing the journey of a son born in Lacrosse, Wisconsin, into a poor family that lost its farm during the Great Depression, to become the man who is one of the most prominent, beloved figures in the history of the State of Nevada encompasses a story of extreme courage and remarkable character; and

      Whereas, The leading actor in that story, Donal Neil “Mike” O’Callaghan, affectionately known as “Big Mike,” approached each role throughout his life in such a way that endeared him to all he knew, and his imprint will forever be stamped upon this State; and

      Whereas, Former Governor Mike O’Callaghan grew up on his family’s farm and helped earn a living by raising cows and selling cream until, at the age of 16, he joined the Marine Corps and served in the U.S. Pacific Fleet as an anti-aircraft gunner, earning the rank of sergeant, and after his discharge in 1948, served in the Marine Corps Reserves until 1950; and

      Whereas, As a young man, the former Governor was employed as an ironworker and participated in amateur boxing until he continued his military service by joining the Air Force as an intelligence officer, but because he wanted to see action, he transferred to the Army as an infantryman in 1952 and served in the Korean War, during which he lost the lower half of one leg after courageously rescuing soldiers who were cut off from the trenches by enemy action; and

 


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2005 Statutes of Nevada, Page 3036 (File Number 57, SCR 31)

 

      Whereas, Following his military service, Mike graduated from the University of Idaho in Moscow, where he not only earned a master’s degree and graduated in the top 10 of his class, but also won the heart of Carolyn Randall, and the two were married on August 25, 1954, and dedicated themselves to each other and their children during their marriage of almost 50 years; and

      Whereas, Heeding his new wife’s advice, Mike chose to accept a job as a teacher at Basic High School in Henderson, rather than a position as a principal in Idaho, and the family moved to Nevada in 1956; and

      Whereas, Upon completion of 5 years of teaching, Mike continued his public service in municipal, state and federal positions from 1961 to 1969; and

      Whereas, O’Callaghan was elected Governor of the State of Nevada in 1970 after waging a campaign in which he sought to get in touch literally with the “average man on the street” by greeting motorists on the corners of busy intersections in Las Vegas during blistering heat; and

      Whereas, As Governor of this State for two terms, O’Callaghan continually fought for the “little man” and accomplished his goal of creating a government that was responsive to the needs of its people by promoting the welfare of disadvantaged children and the mentally ill, creating new agencies to assist senior citizens, consumers and the poor, actively working to preserve the beauty of Lake Tahoe, ensuring affordable housing for all, providing assistance to workers injured on the job and advocating for prison reform, rights for women and laws requiring motorcycle helmets; and

      Whereas, There is little doubt that he could have won a third term as Governor, but instead he accepted an executive position with the Las Vegas Sun, where he became a popular columnist and an important voice in Nevada, and as Executive Editor, he acted as the conscience of the newspaper; and

      Whereas, For his extraordinary courage, he was awarded multiple military medals, and a few of the other honors he attained include membership in the Hall of Fame at the University of Idaho, an award from the Nevada Judges Association, the selection by Time Magazine in 1974 as one of 200 promising young Americans, induction into the Nevada Newspaper Hall of Fame, the David L. Simon Bridge Builder for Peace Award and the honor of being nominated shortly before his death to serve on the federal Veterans’ Disability Benefits Commission; and

      Whereas, Outside of the public eye, Mike O’Callaghan conducted himself with honor and compassion, never bringing attention to his quiet acts such as arriving early in the morning at homeless shelters to serve coffee and doughnuts to the poorest of the poor and frequently visiting hospitals to encourage recent amputees; and

      Whereas, His devotion to the youth of this State inspired the lives of innumerable young people as he actively and ardently supported children in sports throughout his life, took time as Governor to change lives of juvenile offenders by being instrumental in the building of China Spring Youth Camp in Douglas County and Spring Mountain Youth Camp in Las Vegas, and performed random acts of generosity such as graciously hosting, impromptu, in the Governor’s Office, a basketball team of underprivileged boys from Hawthorne when they came to play in Carson City; and

 

Link to Page 3037