Link to Page 3036

 

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2005 Statutes of Nevada, Page 3037 (File Number 57, SCR 31)

 

      Whereas, Possibly the most predominant thread intertwining the eulogies offered for former Governor Mike O’Callaghan was the mention that he never succumbed to developing an ego that could so easily have accompanied the prominence he attained, but continually dedicated himself to the service of others in every aspect of his daily life; and

      Whereas, By the end of his journey, Mike O’Callaghan had become the epitome of the words of the novelist James Michener, who penned fictional sagas that can only rival the real-life story of this great man, a life “decently led and work well done”; 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 admiration, respect and veneration for Donal Neil “Mike” O’Callaghan and empathize with the members of his family and all those who feel an emptiness as the result of his loss; and be it further

      Resolved, That former Governor Mike O’Callaghan will never be forgotten by the people of the State of Nevada, and when he is remembered, the memories will be of a man who proved himself to be an icon to which all can aspire; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mike’s beloved children, Michael O’Callaghan, Colleen O’Callaghan-Miele, Teresa Duke, Brian O’Callaghan and Tim O’Callaghan.

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FILE NUMBER 58, SJR 1

Senate Joint Resolution No. 1–Committee on Natural Resources

 

FILE NUMBER 58

 

Senate Joint RESOLUTION—Urging the Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas.

 

      Whereas, The provisions of 16 U.S.C. งง 1131 et seq., commonly referred to as the Wilderness Act, establish the National Wilderness Preservation System, which consists of areas of federal public lands that are designated by Congress as wilderness areas; and

      Whereas, Congress has designated approximately 2.8 million acres of federal public lands in Nevada as wilderness areas; and

      Whereas, If an area of federal public land is designated as a wilderness area, it must be managed in a manner that preserves the wilderness character of the area and ensures that the area remains unimpaired for future use and enjoyment as a wilderness area; and

      Whereas, A reasonable amount of wilderness area in this State provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and

      Whereas, The provisions of the Wilderness Act and the Federal Land Policy and Management Act of 1976, 43 U.S.C. งง 1701 et seq., provide for the study of certain areas of land to determine whether those areas, commonly known as wilderness study areas, are suitable for designation as a wilderness area; and

 


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2005 Statutes of Nevada, Page 3038 (File Number 58, SJR 1)

 

      Whereas, In conjunction with the provisions of the Wilderness Act and the Federal Land Policy and Management Act, the Bureau of Land Management of the Department of the Interior in the late 1970s conducted an initial inventory of approximately 49 million acres of federal public lands in Nevada to determine the suitability of such lands for designation as wilderness areas or identification as wilderness study areas and, in 1980, recommended that approximately 5.1 million acres of those lands be identified as wilderness study areas; and

      Whereas, Although Congress recently enacted the Lincoln County Conservation, Recreation, and Development Act of 2004, Pub. L. No. 108-424, 118 Stat. 2403, pursuant to which approximately 768,000 acres have been given status as wilderness areas and approximately 251,000 acres have been released for multiple use under the Federal Land Policy and Management Act, the Bureau of Land Management continues to manage approximately 2.8 million acres of federal public lands in Nevada identified as wilderness study areas; and

      Whereas, Decisions concerning whether to designate wilderness study areas as wilderness areas or release those areas for multiple use are important and must be made in a timely manner and without any unnecessary delays so that those lands which are suitable for designation as a wilderness area may be afforded full protection as such and those lands which are not suitable for designation as a wilderness area may be released for use and management for the public good as accorded by law; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature urge the Nevada Congressional Delegation to work with all interested Nevadans, land managers, affected parties, local governments, special interest organizations and members of the public in a spirit of cooperation and mutual respect to address issues concerning the designation of wilderness areas in Nevada; and be it further

      Resolved, That the members of the Nevada Legislature urge Congress to take the following actions concerning wilderness areas and wilderness study areas:

      1.  As part of the legislative process for determining which federal lands should be designated as wilderness areas, and in accordance with stakeholder agreements, continue the policy of releasing federal lands that are a part of a wilderness study area for multiple use, and to continue the appropriate disposal of suitable federal lands for conversion to state or private lands, when the determination is made that those federal lands are unsuitable for designation as wilderness areas;

      2.  When determining whether to designate land as a wilderness area, carefully consider the requirements of existing and future military operations on the land and in the airspace over the land and make appropriate decisions based on those requirements; and

      3.  Support the adoption of a schedule for the timely consideration of a plan to release wilderness study areas that are found unsuitable for designation as wilderness areas; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

 


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2005 Statutes of Nevada, Page 3039 (File Number 58, SJR 1)

 

      Resolved, That this resolution becomes effective upon passage.

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FILE NUMBER 59, ACR 29

Assembly Concurrent Resolution No. 29–Assemblymen Perkins, Hettrick, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, 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

 

Joint Sponsors: 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 59

 

Assembly Concurrent RESOLUTION—Designating May 9, 2005, as “Vintage Car Day” at the Nevada Legislature.

 

      Whereas, Automobiles and the automobile industry have played a vital role in the growth of the State of Nevada and this great country; and

      Whereas, Automobile sales in the United States have grown over the years from $4,100 in 1900 to $3.7 million in 1925, $6.7 million in 1950, $9.3 million in 1965 to over $140 billion worth of motor vehicles and parts produced in the United States by companies employing over 6.6 million workers nationwide; and

      Whereas, The automobile industry has become one of the largest purchasers of many key American industrial products, such as steel; and

      Whereas, Since 1987, the automobile industry has grown by more than 47 percent, helping to drive the economy of the United States to new heights; and

      Whereas, Automobiles have shaped our everyday lives over the past 100 years more than any other invention by allowing consumers to commute long distances for family visits, tourism, entertainment, shopping and work; and

      Whereas, Automobiles have encouraged the development of a far-reaching system of highways and roads which made possible the growth of suburbs and shopping centers around major cities; and

      Whereas, Many people all over the nation, including a large number in Nevada, maintain their classic automobiles as a pastime and do so with a great passion; and

      Whereas, The members of the Nevada Legislature recognize the effect the automobile has had on this State and our country, and support wholeheartedly all activities involved in the restoration and exhibition of these fine automobiles; and

      Whereas, Thousands of local clubs have been instrumental in preserving a historic part of this country’s heritage by encouraging the restoration and exhibition of these vintage works of art which easily evoke smiles and fond memories; now, therefore, be it

 


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2005 Statutes of Nevada, Page 3040 (File Number 59, ACR 29)

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 73rd Session of the Nevada Legislature hereby designate May 9, 2005, as “Vintage Car Day” at the Nevada Legislature in recognition of all that automobiles and the automobile industry have done to shape the State of Nevada and this country; and be it further

      Resolved, That the members of the Nevada Legislature express appreciation to Battle Born Regional Group #12 of the Early Ford V-8 Club of America for organizing a nostalgic display on the legislative grounds in commemoration of this event; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Battle Born Regional Group #12 in recognition of the diligent work of its members in organizing this event and of their dedication to encouraging the restoration and preservation of Ford, Lincoln and Mercury vehicles manufactured from 1932 to 1953.

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FILE NUMBER 60, SCR 32

Senate Concurrent Resolution No. 32–Senators Horsford, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen 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, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 60

 

Senate Concurrent RESOLUTION—Commending Dr. Claude Perkins, former Superintendent of Schools in Clark County, for his service to the Clark County School District and encouraging the naming of a school in his honor.

 

      Whereas, Dr. Claude Perkins began his distinguished career in education in 1971 after being hired to serve as assistant to the Superintendent of Schools in Clark County by Governor Kenny Guinn, who placed him in charge of desegregation programs; and

      Whereas, In 1978, Dr. Perkins was hired by the Clark County School Board to replace Kenny Guinn in the District’s top post, thus becoming the only African American to serve as Superintendent of Schools in Clark County; and

      Whereas, During his 3-year tenure as Superintendent of Schools, Dr. Perkins pushed successfully for an increase in requirements for graduation from high school, exceeding those required by the State with an additional year of mathematics, a fourth year of English and a course of study in world history; and

      Whereas, Dr. Perkins’ track record included an increase in the rate of attendance at schools throughout the Clark County School District, the establishment of a stricter dress code on campuses and a reduction in class sizes; and

 


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2005 Statutes of Nevada, Page 3041 (File Number 60, SCR 32)

 

establishment of a stricter dress code on campuses and a reduction in class sizes; and

      Whereas, Dr. Perkins was also responsible for gains in the performance of students on standardized tests, an increase in the percentage of women hired as administrators and department heads and an expansion of vocational programs; and

      Whereas, Since the resignation of Dr. Perkins as Superintendent of Schools in Clark County in 1981, a campaign has been under way to have a school within Clark County named after Claude Perkins and this campaign was recently endorsed by Governor Kenny Guinn; and

      Whereas, In the words of the Governor through his spokesman, “Claude Perkins has had a distinguished career in education and deserves to be honored by the Clark County School District”; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby commend Dr. Claude Perkins for his dedicated service and many accomplishments as a school administrator for the Clark County School District from 1978 to 1981, and encourage the Clark County School Board to publicly recognize and honor Dr. Perkins by naming a school after him; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Claude Perkins, former Superintendent of Schools in Clark County, and the Chairman and each member of the Clark County School District Board of School Trustees.

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FILE NUMBER 61, SCR 33

Senate Concurrent Resolution No. 33–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 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 61

 

Senate Concurrent RESOLUTION—Recognizing Jake Waters as the Children’s Miracle Network Champion Child of Nevada.

 

      Whereas, Jake Waters is a happy, busy 5-year-old who handles everything in life head-on, including his leukemia; and

      Whereas, Diagnosed at the age of 4 years with acute lymphoblastic leukemia, Jake’s cancer required a long, intense treatment program which included daily medications, monthly intravenous medications and quarterly intrathecal medication and was prolonged at one point because of severe complications from a reaction to the chemotherapy he was receiving; and

 


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2005 Statutes of Nevada, Page 3042 (File Number 61, SCR 33)

 

      Whereas, For the courage and strength he exhibited while he battled cancer, Jake Waters was selected by Washoe Medical Center as the Children’s Miracle Network Champion Child for Nevada; and

      Whereas, As part of the Foresters Champions Across America program in conjunction with the Children’s Miracle Network, Jake and other remarkable children like him from around the country who have triumphed despite severe medical challenges were honored for their courage, tenacity and perseverance with a trip to Washington, D.C., in March of this year to share the message that their lives, and the lives of millions of children just like them, are better because of the tremendous work of children’s hospitals; and

      Whereas, After their work as ambassadors at the Nation’s Capital, Jake and the other champions traveled with their families to Walt Disney World in Orlando, Florida, to represent their states by participating in the national television production of the Children’s Miracle Network Celebration and to enjoy a little leisure time; and

      Whereas, Jake Waters has completed the maintenance phase of his therapy and has returned to maintaining his busy schedule, which includes swimming, tubing behind a boat, shooting hoops with his dad and dressing up as Spiderman or Batman; 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 Jake Waters as the Children’s Miracle Network Champion Child of Nevada; and be it further

      Resolved, That Jake’s enjoyment of and enthusiasm for life, despite the difficult times, is an inspiration of hope and healing to other children and is a call to all of us to live life to the fullest and to be positive and strong in the face of adversity as Jake has been; and be it further

      Resolved, That in appreciation for all that has been done for millions of children over the years, the residents of Nevada are urged to show their support for the Children’s Miracle Network and the nonprofit children’s hospitals that depend on communities to help fund the vital services they offer to brave children everywhere; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jake Waters of Reno, Nevada.

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FILE NUMBER 62, ACR 30

Assembly Concurrent Resolution No. 30–Assemblymen Koivisto, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, 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 62

 


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2005 Statutes of Nevada, Page 3043 (File Number 62, ACR 30)

 

Assembly Concurrent RESOLUTION—Designating April 28, 2005, as Workers Memorial Day in Nevada.

 

      Whereas, Since 1989, April 28 has been observed as Workers Memorial Day by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and the day has been recognized internationally since 1996 when a Global Union delegation lit a commemoration candle at the United Nations Headquarters in New York City to highlight the plight of workers who die, are injured or become ill on the job; and

      Whereas, This date is significant in that it is the anniversary of the enactment of the Occupational Safety and Health Act of 1970, and trade unionists in nearly 100 countries around the world now mark April 28 as an “International Day of Mourning”; and

      Whereas, Workers Memorial Day is not only a day on which to remember the workers who have succumbed to an occupational disease or been injured or killed on the job, but a time to renew the commitment to prevent these tragedies from occurring in the future by supporting needed protections and defending the promise of safe jobs for all workers; and

      Whereas, The theme for Workers Memorial Day for this year is “Good Jobs, Safe Jobs: Protect Workers Now”; and

      Whereas, Decades of struggle by workers and their unions has resulted in significant improvements in working conditions, but the toll of workplace injuries, illness and deaths remains too high, with statistics showing that in 2003 alone, more than 4.3 million workers were injured, and 5,559 workers died as a result of job hazards and another 60,000 died from occupational diseases; and

      Whereas, Too often these tragedies and the devastation they cause for the workers, their families and their coworkers are quickly forgotten; 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 designates April 28, 2005, as Workers Memorial Day, a day to honor and remember the workers who have succumbed to occupational diseases or been injured or killed as a result of work-related accidents; and be it further

      Resolved, That the residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety and health protections in the workplace so that future workplace tragedies can be prevented.

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2005 Statutes of Nevada, Page 3044

 

FILE NUMBER 63, SCR 34

Senate Concurrent Resolution No. 34–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 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

 

FILE NUMBER 63

 

Senate Concurrent RESOLUTION—Memorializing Jackalyn Ross Laxalt, former First Lady of the State of Nevada.

 

      Whereas, The members of the 73rd Session of the Nevada Legislature note with sadness the passing of Jackalyn Ross Laxalt on July 17, 2004; and

      Whereas, A true Nevadan, Jackalyn Ross was born to Margaret Burns Ross and the Honorable John R. Ross in Yerington, Nevada, on January 31, 1927, was raised in Carson City and attended the University of Nevada, Reno; and

      Whereas, Jackalyn married Paul Laxalt in 1946 and, 20 years later, became Nevada’s First Lady when Paul was elected Governor of the State; and

      Whereas, Along with lovingly tending their family of six children and performing all the duties expected of the Governor’s wife, Jackalyn took on the daunting task of overseeing the refurbishing and remodeling of the Governor’s Mansion during the 4 years that the Laxalts, the largest family to occupy the Mansion, lived there; and

      Whereas, After her service as Nevada’s First Lady, Jackalyn Ross Laxalt spent many years working as a substance abuse counselor in Arizona and Nevada; and

      Whereas, Jackalyn Ross Laxalt is survived by her children, Gail Laxalt Johnson of Denver, Colorado, Sheila Laxalt Lokan of Milwaukie, Oregon, John Paul Laxalt of Carson City, Michelle Laxalt of Alexandria, Virginia, Dr. Kevin Marie Laxalt of Greeley, Colorado, and Kathleen “Neena” Laxalt of Reno, 12 grandchildren, a great granddaughter and her brother, John Tom Ross of Carson City; 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 extend their condolences to the beloved family and many friends of Jackalyn Ross Laxalt; and be it further

      Resolved, That Jackalyn Ross Laxalt will be remembered for her warmth, her sense of humor and her love of her family and Nevada, and her radiant smile will be missed by all who knew her; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the children of Jackalyn Ross Laxalt.

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2005 Statutes of Nevada, Page 3045

 

FILE NUMBER 64, ACR 31

Assembly Concurrent Resolution No. 31–Assemblymen McClain, 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, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, 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 64

 

Assembly Concurrent RESOLUTION—Recognizing May as Older Americans Month in Nevada.

 

      Whereas, In 1963, President John F. Kennedy established the month of May as “Senior Citizens Month,” which was renamed “Older Americans Month” in 1980, and for the past 42 years, May has been designated as the month during which we acknowledge, as a nation, the extraordinary and varied contributions of older Americans living in the United States; and

      Whereas, Older Americans are among our greatest treasures and provide us with invaluable links to the past as well as counsel for the future as these vital citizens continue to make significant contributions to our communities, through civic leadership and mentoring, and in our homes, by sharing their wisdom and experience; and

      Whereas, Today, one in six Americans is 60 years of age or older and, of those 44 million people, almost 400,000 reside in Nevada; and

      Whereas, The United States is in the midst of a boom in the aging population with people living longer and staying healthier and more active much later in life, and this expanding elder population requires our continued commitment to the goal of ensuring that our senior citizens enjoy active, productive and healthy lives, and do so independently, safely and with dignity; and

      Whereas, This year marks the 40th anniversary of the passage of the Older Americans Act by the United States Congress, and the Administration on Aging, which was established by that Act, has chosen the theme “Celebrate Long-Term Living” to recognize that people are not only adding years to their lives but life to their years; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 73rd Session of the Legislature hereby recognizes May as Older Americans Month in Nevada and pays tribute to the older residents of this State for their many contributions to our country, our State, our communities and our families; and be it further

      Resolved, That all Nevadans are urged to treat older Americans with the respect they deserve and to recognize the responsibility of each of us to ensure that our senior citizens enjoy active, productive and healthy lives as we celebrate and honor the richness and beauty of their many years lived in service to others.

 

 


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2005 Statutes of Nevada, Page 3046 (File Number 64, ACR 31)

 

we celebrate and honor the richness and beauty of their many years lived in service to others.

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FILE NUMBER 65, ACR 32

Assembly Concurrent Resolution No. 32–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 Care, Amodei, Beers, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

FILE NUMBER 65

 

Assembly Concurrent RESOLUTION—Memorializing Supreme Court Justice Myron E. Leavitt.

 

      Whereas, On January 9, 2004, the State of Nevada lost a beloved and dedicated public servant, the legal community lost an extraordinary Supreme Court Justice and the family of Justice Myron E. Leavitt lost a great patriarch and teacher; and

      Whereas, A native Nevadan and the youngest of three boys, Myron Leavitt was born in Las Vegas on October 27, 1930, to Myron “Mike” and Estella Leavitt; and

      Whereas, Myron attended Las Vegas High School where he distinguished himself in academics, athletics and theater and was named the outstanding athlete of his class in 1948; and

      Whereas, Myron continued his education at the University of Nevada, Reno, on an athletic scholarship, where he won letters in both football and track and was named sports editor of the University newspaper, the Sagebrush; and

      Whereas, After graduation in 1952, Myron worked briefly for the Las Vegas Review-Journal as sports editor, and then enrolled in law school at the University of Utah where he received his juris doctor degree and graduated eighth in his class in 1956; and

      Whereas, It was in Salt Lake City where Myron met his future wife, Shirley, and where they began their life as a married couple on June 10, 1954, in the Salt Lake Temple; and

      Whereas, After his graduation from law school, Myron and Shirley returned to Las Vegas where they raised 11 children, where Myron enjoyed a rich and fulfilling career in public service that spanned 5 decades and where he realized that his greatest accomplishments were his achievements as a father, husband, mentor, athlete and coach; and

      Whereas, Myron began his career in the legal profession in southern Nevada in 1957 as a deputy city attorney for the City of North Las Vegas and served in other nonelective positions as a member of the Clark County Juvenile Probation Committee, the attorney for the Clark County District Health Board, an original member of the Las Vegas Metropolitan Police Commission and a member of the Board of Directors of the Nevada League of Cities; and

 


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2005 Statutes of Nevada, Page 3047 (File Number 65, ACR 32)

 

Juvenile Probation Committee, the attorney for the Clark County District Health Board, an original member of the Las Vegas Metropolitan Police Commission and a member of the Board of Directors of the Nevada League of Cities; and

      Whereas, The accomplishments of Myron Leavitt during the first 2 decades of his career in public service centered around the establishment of the first medical coroner system in Clark County and the first night court for small claims during the time he served as a Las Vegas Township Justice of the Peace from 1961 to 1962, the organization of the drive to build the Dula Senior Citizen Center while he served as a Clark County Commissioner from 1971 to 1974, an effort which brought the City of Las Vegas and Clark County together to promote joint funding of the project and the construction of a sheriff’s substation in the southeastern sector of the City of Las Vegas; and

      Whereas, During his tenure as a Las Vegas City Councilman from 1975 to 1978, and as Lieutenant Governor from 1979 to 1982, he is remembered for casting the deciding vote to break a tie retaining capital punishment and halting action to remove the Lieutenant Governor as President of the Senate; and

      Whereas, Justice Leavitt’s years from 1984 until 1998 as a trial judge in Clark County, his term as President of the District Judges Association and two terms as Chief Judge of the Eighth Judicial District Court, and the fact that he was repeatedly ranked as one of the top judges in the Biennial Judicial Evaluation Survey were all evidence of the admiration and respect of his colleagues; and

      Whereas, In 1998, Justice Leavitt’s political career ascended to its highest level with his election as a Justice of the Supreme Court of Nevada, a position to which he was reelected in the year 2000; and

      Whereas, While Justice Leavitt honored Las Vegas and the State of Nevada with his commitment to public service, he was also very active in community affairs, and his dedication to and love of his community were recognized when the Justice Myron E. Leavitt Middle School in Las Vegas was named and dedicated in his honor in March 2002; and

      Whereas, For over 35 years, Justice Leavitt was also known as “Coach” Leavitt to hundreds of young people as he dedicated much of his free time to coaching basketball, football, softball and baseball and serving as a role model for the many young people whose lives he touched; and

      Whereas, Justice Myron E. Leavitt left behind his beautiful wife of 49 years, Shirley, whom he considered to be his best friend, life-long companion, confidant and campaign manager, six sons, Dennis, Steve, Tom, Andrew, Delbert and Jim, and five daughters, Kathy Wright, Cindy Foote, Debbie Earl, Sue Abbatangelo and Michelle and 34 loving grandchildren; 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 extend their heartfelt sympathy to the family and friends of Justice Myron E. Leavitt, a man who will long be remembered for his professional integrity, the encouragement he offered to those who crossed his path, his dedication to public service, his passion for Nevada and the love he had for his family; and be it further

 


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2005 Statutes of Nevada, Page 3048 (File Number 65, ACR 32)

 

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Justice Leavitt’s beloved wife, Shirley and each of his children.

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FILE NUMBER 66, AJR 16

Assembly Joint Resolution No. 16–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 66

 

ASSEMBLY Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide requirements for the enactment of property and sales tax exemptions.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 6, be added to Article 10 of the Nevada Constitution to read as follows:

       Sec. 6.  1.  The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail unless the Legislature finds that the exemption:

       (a) Will achieve a bona fide social or economic purpose and the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and

       (b) Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

       2.  In enacting an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail, the Legislature shall:

       (a) Ensure that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers; and

       (b) Provide a specific date on which the exemption will cease to be effective.

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2005 Statutes of Nevada, Page 3049

 

FILE NUMBER 67, SCR 36

Senate Concurrent Resolution No. 36–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, 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, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 67

 

Senate Concurrent RESOLUTION—Memorializing former Assemblywoman Eileen Brookman.

 

      Whereas, All Nevadans were deeply grieved at the passing of former Nevada Assemblywoman Eileen Brookman, who died in her home in Las Vegas on July 1, 2004, after a battle with cancer; and

      Whereas, Eileen Milstein was born on October 25, 1921, in Denver, Colorado, and attended Eagle Rock High School in Los Angeles, California, and Los Angeles City College; and

      Whereas, Eileen married George Brookman on July 11, 1941, while he was in the Army, and after the birth of their two children, the family moved to Las Vegas, where George became a general contractor and Eileen entered the political arena; and

      Whereas, In 1966, Eileen Brookman was elected to the first of eight terms in the Nevada Assembly, serving in each legislative session from 1967 through 1977 as well as in the 1987 and 1989 Sessions; and

      Whereas, Eileen Brookman truly earned the appellation “the embodiment of a citizen Legislator” as, in her own words, she fought for “the little people” by advocating for senior citizens, persons with disabilities, minorities, persons with low incomes, women, who were not as well-represented in the Legislature as they are now, and children; and

      Whereas, “Queenie,” as she was fondly nicknamed by those who admired her, was a sponsor of such legislative milestones as the reorganization of the Nevada National Guard and adoption of the Nevada Code of Military Justice, creation of the Aging Services Division of the Department of Human Resources, prohibition of discrimination in private employment on the basis of age, entitlement of senior citizens to vote by absent ballot, passage of the “hate crimes” bill for Nevada and creation of the Governor’s Advisory Council on Education Relating to the Holocaust; and

      Whereas, Eileen Brookman’s dedicated service to the people of this State was demonstrated by her participation on many different committees in the Assembly, and by her service as Chair of the Assembly Committee on Federal, Indian and Military Affairs and the Assembly Committee on Legislative Functions; and

      Whereas, Many former colleagues warmly remember Eileen as a mentor, mother, sister, nurse and friend around whose desk they often gathered for practical assistance or nurturing; and

 


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2005 Statutes of Nevada, Page 3050 (File Number 67, SCR 36)

 

      Whereas, Eileen Brookman’s service to our State was not only in the Legislature but also consisted of her participation in the Indian Affairs Commission, the Las Vegas Ethics Review Board and numerous other civic organizations, as well as her chairmanship of the Taxicab Authority of the Department of Business and Industry; and

      Whereas, Many honors have been bestowed upon this dynamic woman including Woman of the Year for Clark County, Humanitarian Mother of the Year Award for Clark County, the Nevada Distinguished Citizen Award from the Board of Regents of the University of Nevada, and the Brotherhood Award of the National Conference of Christians and Jews; and

      Whereas, Eileen was not only dedicated to serving the people of Nevada but also recognized the priorities of being a wife and mother; 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 offer their sincerest condolences and heartfelt sympathy to the family and many friends of Eileen Brookman, a dedicated, energetic, caring woman who fought for the rights of those who most needed a voice; and be it further

      Resolved, That the rich legacy left by Eileen Brookman lives on in her family, the changes that she instituted through legislation as an Assemblywoman in Nevada, the elementary school in Las Vegas that is named in her honor and the hearts of all those who knew and appreciated her; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to George Brookman, Eileen’s husband of 62 years, and to her daughter, Deborah.

________

 

FILE NUMBER 68, SCR 37

Senate Concurrent Resolution No. 37–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 Grady, Allen, Anderson, Angle, Arberry Jr., Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, 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 68

 

Senate Concurrent RESOLUTION—Congratulating the Virginia City High School boys’ basketball team for winning the 2005 Nevada Interscholastic Activities Association 1A State Basketball Championship.

 

      Whereas, Excitement and tension were at their peak on Saturday, February 26, 2005, as Mich McDowell of the Virginia City Muckers made the game-winning shot in the last 5 seconds of play to lift the Muckers to a 63 to 61 victory over the Lake Mead Eagles in the Nevada Interscholastic Activities Association (NIAA) 1A boys state basketball championship game at the Orleans Arena in Las Vegas; and

 


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2005 Statutes of Nevada, Page 3051 (File Number 68, SCR 37)

 

63 to 61 victory over the Lake Mead Eagles in the Nevada Interscholastic Activities Association (NIAA) 1A boys state basketball championship game at the Orleans Arena in Las Vegas; and

      Whereas, Virginia City has a strong tradition of basketball, and teams through the years have won 17 state titles, by far the most in the history of Nevada, with 6 state titles between 1962 and 1967, and an amazing winning streak of 93 games and five state championships between 1982 and 1986; and

      Whereas, Individual members of this year’s winning team were presented with awards for First Team All-Division, Second Team All-Division and Honorable Mention, as well as two sportsmanship awards; and

      Whereas, The championship team, consisting of Nathan Adaki, Cory Dacha, Zack Dotson, Miles Lugo, Kevin Lynch, Mich McDowell, Chad Sprong, Sam Turman and Andy Wilson, not only proved its excellence on the basketball court, but also won the 1A State Academic title with a 3.72 team grade point average; and

      Whereas, The Muckers have consistently been supported, inspired and cheered on by the people of the historic mining town of Virginia City and, with the aid of manager Skyler Jones, were led to this year’s victory by Coach Hector Bucchianeri, who was awarded Coach of the Year, and Assistant Coach, Deny Dotson; 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 extend their congratulations to the Virginia City High School boys’ basketball team for winning the NIAA 1A State Basketball Championship; and be it further

      Resolved, That the achievements of the members of the Muckers basketball team in the areas of academics and athletics are recognized as an example for their schoolmates and all young people of Nevada as they strive for excellence in their lives; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Todd Hess, Principal and Athletic Director of Virginia City High School, and to Coach Hector Bucchianeri.

________

 

FILE NUMBER 69, SCR 38

Senate Concurrent Resolution No. 38–Senators Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Parks, 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, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 69

 

Senate Concurrent RESOLUTION—Expressing support for international education and foreign exchange student programs.

 


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2005 Statutes of Nevada, Page 3052 (File Number 69, SCR 38)

 

      Whereas, International education is a crucial component of higher education in Nevada which contributes to the economy of the State and to a diverse college environment, and enhances both academic and cocurricular programs; and

      Whereas, Because tourism and foreign trade are key sectors projected to improve Nevada’s economic future in the next decade, it is critical that this State promote mutual understanding between Nevadans and citizens of other countries through international education programs at its colleges and universities; and

      Whereas, The foundation of international education is the exchange of students and scholars from other countries, and proof that Nevada is committed to encouraging students from other countries to study in this State is evidenced by the fact that in the 2002-2003 academic year Nevada ranked third among the “Mountain States” region, consisting of Colorado, Utah, Nevada, Idaho, Montana and Wyoming, in numbers of international students, with 2,702 such students enrolled in its colleges and universities; and

      Whereas, Because, as the fastest growing State in the nation, Nevada draws many new immigrants who bring with them their diverse talents and perspectives, Nevada’s institutions of higher learning must provide the necessary skills, knowledge and training for them to be successful citizens, as well as provide all students with the opportunity to acquire the intercultural skills to interact effectively within a multicultural context; and

      Whereas, International education includes curricular offerings that teach foreign languages, address global issues and provide in-depth understanding of other cultures, utilizes citizens of other countries in formal and informal settings as teaching resources, and recognizes that the development of new knowledge, the best research and technological breakthroughs require international collaboration; and

      Whereas, With today’s increasingly complex international trade relations, concern for the preservation of our global ecology and the constant goal of world peace, the promotion and support of international education becomes increasingly important to our national security, foreign policy, economic competitiveness and capacity for tolerance; and

      Whereas, Former President Clinton issued an Executive Memorandum on International Education on April 19, 2000, in which he called upon educational institutions, state and local governments, nongovernmental organizations and the business community to contribute to a coherent and coordinated international education strategy that “will help us meet the twin challenges of preparing our citizens for a global environment while continuing to attract and educate future leaders from abroad”; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby recognizes that the international students and scholars of this State contribute significantly to the cultural diversity of Nevada’s educational institutions and, through their representation, they enhance the educational experience of all students while making important contributions, and thereby supports the participation of Nevada’s students, teachers, administrators and educational policymakers in international studies, international exchange programs and other activities that advance cultural awareness and promote mutual understanding and respect for the citizens of other countries; and be it further

      Resolved, That Nevada’s colleges and universities are encouraged to:

 


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2005 Statutes of Nevada, Page 3053 (File Number 69, SCR 38)

 

      1.  Develop courses of study in as many fields as possible to increase students’ understanding of global issues and cultural differences;

      2.  Further develop courses in foreign languages to prepare students to seek careers in a global marketplace and enhance their understanding of other nations’ values;

      3.  Provide opportunities for students in all majors to participate in programs to study abroad to enrich their academic training, intercultural perspectives and personal development;

      4.  Provide opportunities for domestic and international students to interact effectively and routinely to share their views, perceptions and experiences; and

      5.  Develop innovative public educational forums and venues to explore global issues and showcase world cultures; and be it further

      Resolved, That the importance of international education and foreign exchange student programs can be summed up in a statement made by former Secretary of State Colin Powell on November 11, 2003, in commemoration of International Education Week, sponsored by the United States Department of State and Department of Education to celebrate the benefits of international education and exchange worldwide: “International education, learning about other cultures and languages through study, living overseas, and interacting with people of other countries, promotes the free exchange of ideas, allows us to seek joint solutions to problems, and helps create lasting partnerships to meet our shared concerns”; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chancellor of the University and Community College System and each member of the Board of Regents.

________

 

FILE NUMBER 70, SCR 39

Senate Concurrent Resolution No. 39–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 70

 

Senate Concurrent RESOLUTION—Memorializing noted philanthropist and Nevada gaming pioneer Warren Nelson.

 

      Whereas, The members of the Nevada Legislature were deeply saddened at the passing of noted philanthropist and Nevada gaming pioneer Warren Nelson on September 23, 2004, at the age of 91; and

      Whereas, Born to Bertha Meisenbach Nelson and Lawrence Nelson on January 19, 1913, in Great Falls, Montana, Warren Nelson began his career in the gaming business in Montana during the depression, coming to Reno in 1936 to run the keno game at the old Palace Club; and

 


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2005 Statutes of Nevada, Page 3054 (File Number 70, SCR 39)

 

in the gaming business in Montana during the depression, coming to Reno in 1936 to run the keno game at the old Palace Club; and

      Whereas, After joining the Marine Corps in 1942, Warren Nelson was stationed in San Francisco, California, where he met Pat Futter, one of only 17 women master sergeants in the Corps, and the couple were married on Valentine’s Day in 1946; and

      Whereas, Upon his return to Reno, Warren assisted Bill Harrah in opening Harrah’s Club, and also gained experience working in various capacities at the Mapes Hotel and the Little Waldorf, until 1962 when he and his partners bought the Club Cal Neva in the heart of downtown Reno; and

      Whereas, Recognized as a creative thinker and an innovator in the gaming industry, Warren Nelson was one of the first inductees into the Gaming Hall of Fame in 1989 and served as President of the Nevada Gaming Industry Association for 5 years; and

      Whereas, With his great sense of humor and a personality bigger than life, Warren made many lifelong friends, and some of the most satisfying personal and professional relationships were formed with colleagues that he served with on the board of directors of such companies as Boyd Gaming and International Game Technology; and

      Whereas, Warren Nelson founded the Truckee Meadows Boys and Girls Club, served on the Board of Regents of the University of Nevada and was a trustee on the Board of the National Jewish Center for Immunology and Respiratory Medicine in Denver; and

      Whereas, According to his daughter Gail Nelson, “He was known for his gaming career and his generosity to the community and to other communities, but he was always helping people, and that’s what he should really be remembered for”; and

      Whereas, His belief in education was evidenced by his generous donations to Carroll College in his home state of Montana, where he also provided more than 50 students with scholarships, and to the University of Nevada, Reno; and

      Whereas, In addition to his philanthropic interests, the avid outdoorsman was an expert fisherman and had a special love for his hunting dogs; and

      Whereas, Warren Nelson is survived by his wife, Pat, their son Greg of Taos, New Mexico, their daughter Gail of Reno and three granddaughters; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Warren Nelson will be greatly missed by his many friends, his colleagues and his family; and be it further

      Resolved, That the members of the 73rd Session of the Nevada Legislature extend their heartfelt condolences to the family of Warren Nelson; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his loving wife Pat, his son Greg and his daughter Gail.

________

 

 


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2005 Statutes of Nevada, Page 3055

 

FILE NUMBER 71, SCR 40

Senate Concurrent Resolution No. 40–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 Manendo, 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, Marvel, McClain, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Pierce, Seale, Sherer, Sibley, Smith and Weber

 

FILE NUMBER 71

 

Senate Concurrent RESOLUTION—Commending the Las Vegas Dispensing Pharmacy for Medco Health Solutions, Inc., for its significant contribution of medicine to the tsunami relief effort.

 

      Whereas, On January 14, 2005, Las Vegas Mayor Oscar Goodman and Senator Sandra Tiffany joined employees at the Las Vegas Dispensing Pharmacy for Medco Health Solutions, Inc., (Medco) to load the first pallets of critically needed generic medicines in the global humanitarian relief effort for victims of the Indian Ocean earthquake and resulting tsunami that swept across Asia and the east coast of Africa on December 26, 2004; and

      Whereas, The shipment from the Las Vegas Dispensing Pharmacy, one of Medco’s two state-of-the-art automated dispensing pharmacies, consisted of more than 9 million doses of Medco’s commitment of about 13 million doses of generic medicines donated to assist the millions of people who face the almost certain risk of infectious diseases after the earthquake and tsunami destroyed or compromised water and sanitary systems throughout the affected areas; and

      Whereas, Medco, one of the nation’s largest purchasers of generic medicines, identified within its inventories the medicines highlighted as “most in need” by the AmeriCares Foundation, Inc., a nonprofit disaster relief and humanitarian aid organization, and donated 20 different generic medicines, including antibiotic, anti-inflammatory, cardiovascular, diabetes and gastrointestinal products, and partnered with AmeriCares to ensure that the medicines reach the victims in time to save lives; and

      Whereas, According to Curtis R. Welling, President and CEO of AmeriCares, “Medco’s timely and responsive donation of particularly appropriate medicines will allow us to provide life-saving medicine to those in need”; and

      Whereas, Medco’s generosity is exemplified in the words of David B. Snow Jr., Medco’s President and CEO, when he stated, “We stand ready to consider additional donations as continuing needs are identified”; 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 magnanimous donation of Medco Health Solutions, Inc., and the swift and caring response of its Las Vegas Dispensing Pharmacy; and be it further

 


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2005 Statutes of Nevada, Page 3056 (File Number 71, SCR 40)

 

      Resolved, That the charitable acts of organizations such as these will inspire the residents of Nevada to share their blessings with the courageous people who are struggling to live and make a new life amidst the devastation of one of the deadliest disasters of modern history; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to David B. Snow Jr., President and CEO of Medco Health Solutions, Inc.

________

 

FILE NUMBER 72, SCR 41

Senate Concurrent Resolution No. 41–Senators Townsend, Coffin, Amodei, Beers, Care, Carlton, Cegavske, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Washington and Weiner

 

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 72

 

Senate Concurrent RESOLUTION—Congratulating Ryan Moore for his amateur and collegiate victories in golf.

 

      Whereas, Ryan Moore, a self-taught player who has been carrying a golf club since he could walk, is currently the top-ranked individual golfer in Division I of the National Collegiate Athletic Association and the top-ranked men’s amateur golfer in the country; and

      Whereas, Ryan left behind an amazing high school career in Puyallup, Washington, to play golf for the Rebels at the University of Nevada, Las Vegas, and will soon be defending his 2004 NCAA Division I Golf Championship; and

      Whereas, This year as a Rebel, Ryan led the Mountain West Conference, and the nation, with a 68.95 scoring average, was selected to the Mountain West Conference’s All-Conference Team for the fourth time, was named Player of the Year for the second time, won three of the seven tournaments he played in and finished in the top six in the other four, becoming the winningest golfer in the history of the UNLV golf program, and, for the third time, is one of three finalists for the prestigious Ben Hogan Award, which is presented to the top collegiate men’s golfer annually; and

      Whereas, Ryan’s game this year, and that of his teammates, has led the Rebels to a number four national ranking and a top-seed at the NCAA West Regional which begins on May 19 at Stanford Golf Course; and

      Whereas, Not only has Ryan excelled in collegiate golf, he has also excelled as an amateur, most recently as the top amateur at the Masters Championship in Augusta, Georgia, tying for 13th overall in his second appearance at the tournament; and

 


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2005 Statutes of Nevada, Page 3057 (File Number 72, SCR 41)

 

      Whereas, In 2004, not only did Ryan win nine amateur and collegiate events, he posted a 68.79 scoring average and his “worst” round all year was a 73, which is 1 over par on most golf courses; and

      Whereas, Ryan set a new standard in amateur golf during the summer of 2004 by winning five major amateur championships, the U.S. Amateur Championship, Western Amateur Golf Championship, NCAA Championship, Sahalee Players Championship and U.S. Amateur Public Links, a winning streak that is widely hailed as the greatest amateur season of the modern era; and

      Whereas, After the summer of 2004, Ryan returned to UNLV for his senior year, an impressive decision considering he could have entered the PGA Tour as a professional, but he made a commitment to UNLV and he wanted to honor that commitment; and

      Whereas, Not only has Ryan demonstrated remarkable strength of character and succeeded on the golf course, he has also maintained academic integrity, earning a 3.7 grade point average last semester and Academic All-Mountain West Conference honors in 2002, 2003 and 2004, and was also named a Cleveland Golf All-America Scholar last year by the Golf Coaches Association of America; and

      Whereas, Following graduation from UNLV, Ryan will be competing in the U.S. Open at Pinehurst in June and the British Open at St. Andrews in July; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby congratulate Ryan Moore for his successes as an amateur golfer and with the University of Nevada, Las Vegas; and be it further

      Resolved, That the Nevada Legislature hereby commends Ryan Moore for his dedication to excellence and his honesty and integrity in returning to UNLV for his final season of golf as a UNLV Rebel; and be it further

      Resolved, That best wishes and high hopes are hereby extended to Ryan Moore for the remainder of the UNLV golf season and for a successful career as a professional golfer; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ryan Moore.

________

 

FILE NUMBER 73, SJR 13

Senate Joint Resolution No. 13–Committee on Human Resources and Education

 

FILE NUMBER 73

 

Senate Joint RESOLUTION—Urging Congress to preserve the Community Services Block Grant program as an independent federal program.

 

      Whereas, The Community Services Block Grant program, administered by the Department of Health and Human Services, was created by the federal Omnibus Budget Reconciliation Act of 1981 and is designed to provide a range of services to address the needs of low-income persons to ameliorate the causes and conditions of poverty; and

      Whereas, The money allocated by the program is used to provide services that assist such persons in attaining the skills, knowledge and motivation necessary to achieve self-sufficiency and may also be used to provide the immediate necessities of life such as food, shelter and medicine; and

 


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2005 Statutes of Nevada, Page 3058 (File Number 73, SJR 13)

 

motivation necessary to achieve self-sufficiency and may also be used to provide the immediate necessities of life such as food, shelter and medicine; and

      Whereas, Throughout the nation, local governments have created more than 1,080 Community Action Agencies as public or private entities to channel the money provided by the Community Services Block Grant program into communities to coordinate resources and empower communities in rural and urban areas; and

      Whereas, In Nevada, each dollar received by Community Action Agencies leverages at least $19 brought in from other sources, and this money is reinvested in the business communities of Nevada, thus enhancing the economic vitality as well as the social fabric of the entire State; and

      Whereas, Using money provided by the Community Services Block Grant program, Community Action Agencies in this State not only assist low-income persons in obtaining employment, training, education, including participation in Head Start, energy assistance, senior services, and health and nutrition benefits, but the Agencies also acquire the infrastructure to develop affordable housing projects, assist first-time home buyers in paying down-payment and closing costs, and help senior citizens repair their homes; and

      Whereas, When such activities relating to housing are considered, the leverage for each federal dollar received by the State of Nevada increases up to $29; and

      Whereas, The proposed federal budget for Fiscal Year 2006 recommends the elimination of the Community Services Block Grant program; and

      Whereas, The elimination of the program would negatively impact not only the residents of Nevada but citizens all across the United States and would significantly hinder the ability of Community Action Agencies and other businesses to improve the economic viability of families and businesses, hurting those in need and lessening their ability to live a decent life; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 73rd Session of the Nevada Legislature urge Congress to preserve the Community Services Block Grant program as an independent program administered by the Department of Health and Human Services and to appropriate money for the program for Fiscal Year 2006 that meets or exceeds the funding level for Fiscal Year 2005; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Department of Health and Human Services, and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 74, SJR 11 of the 72nd Session

Senate Joint Resolution No. 11 of the 72nd Session–Committee on Finance

 

FILE NUMBER 74

 

Senate Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide for the payment of compensation to the members of the Legislature for each day of service during regular and special sessions and to provide for the payment of reasonable allowances to such members for postage, express charges, newspapers, telecommunications and stationery.

 


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2005 Statutes of Nevada, Page 3059 (File Number 74, SJR 11 of the 72nd Session)

 

members of the Legislature for each day of service during regular and special sessions and to provide for the payment of reasonable allowances to such members for postage, express charges, newspapers, telecommunications and stationery.

 

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:

      [Sec:] 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] each day of service 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] reasonable allowances to members of the Legislature [may incur] for expenses incurred for postage, express charges, newspapers , telecommunications and stationery [not exceeding the sum of Sixty dollars for] during 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.]

________

 

FILE NUMBER 75, AJR 4

Assembly Joint Resolution No. 4–Assemblymen Ohrenschall, Parks, Anderson, Angle, Buckley, Carpenter, Christensen, Conklin, Denis, Gerhardt, Goicoechea, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Manendo, McClain, Mortenson, Munford, Oceguera, Parnell, Perkins and Pierce

 

Joint Sponsors: Senators Care and Titus

 

FILE NUMBER 75

 

Assembly Joint RESOLUTION—Urging the Federal Government to recognize the unsuitability of Yucca Mountain as the site for a repository to store and dispose of spent nuclear fuel and high-level radioactive waste.

 

      Whereas, Since 1954, when the Atomic Energy Act was passed by Congress, the Federal Government has been responsible for the disposal of radioactive waste, yet few environmental challenges have proven more daunting than the problems posed by the disposal of spent nuclear fuel and high-level radioactive waste; and

      Whereas, In July 2002, despite seemingly inadequate standards set by the Environmental Protection Agency and on the recommendation of the Secretary of Energy, President Bush signed legislation designating Yucca Mountain as suitable for the nation’s only repository for high-level radioactive waste and spent nuclear fuel without regard to the constant and vigorous objections of the political leaders and residents of the State of Nevada, and ignoring the underlying geologic isolation requirements set by Congress; and

 


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2005 Statutes of Nevada, Page 3060 (File Number 75, AJR 4)

 

Nevada, and ignoring the underlying geologic isolation requirements set by Congress; and

      Whereas, The recommendation of Yucca Mountain was not only premature but also flawed, especially given the Department of Energy’s failure to conduct a comprehensive evaluation of the socioeconomic, environmental and public health and safety impacts, both within Nevada and within communities along national shipping routes; and

      Whereas, Not only is the proposed repository in one of the most geologically active areas in the nation but, according to the Agency for Nuclear Projects, it is “the only repository under consideration in the world that is located above the water table, not below it”; and

      Whereas, Even if risks related to geologic disposal are ignored, the designation of Yucca Mountain is of particular concern because of its location within an area rife with seismic and hydrothermal activity and because of its proximity to numerous fractures and earthquake faults, which could lead to underground contamination; and

      Whereas, As more problems are revealed, the Department of Energy has gravitated from the concept of geologic isolation and now is relying almost exclusively on “engineered barriers” to keep radiological materials from migrating out of the repository and into the environment, essentially ignoring the foundational recommendation of the National Academy of Sciences that manmade materials not be used to compensate for faulty geology or hydrology; and

      Whereas, The Nuclear Energy Institute has declared that the repository can be licensed “without the mountain,” yet, if that is true, if the mountain is irrelevant and waste packages can be made to last for 10,000 years, why make tens of thousands of shipments of radioactive waste through the nation’s cities to a site as seismically adverse as Yucca Mountain; and

      Whereas, In July 2004, the U.S. Court of Appeals for the D.C. Circuit threw out a radiation safety standard set by the Environmental Protection Agency, finding that the Nuclear Regulatory Commission “breached its duty” to protect the health and safety of the public by limiting repository performance standards to 10,000 years, essentially ignoring the National Academy of Sciences when it recommended that the standard exceed 300,000 years; and

      Whereas, The recent court decision has not only delayed the licensing process, but the Department of Energy has stated that they are unable to meet a standard longer than 10,000 years; and

      Whereas, The Department of Energy contends it is better to have all nuclear waste at a single location rather than scattered around the country, yet this contention is flawed because Yucca Mountain will be at capacity by the time it is finally deemed to be ready for use, effectively putting to rest the “one safe site” idea; and

      Whereas, Those within the nuclear industry itself have commented that storing high-level waste at a centralized location is no longer essential and, in fact, permits have been filed to build new nuclear power plants with on-site storage and to increase storage at existing plants, the sites of which are already protected by comprehensive security plans; and

      Whereas, The Department of Energy’s own analysis of Yucca Mountain suggests there would be fewer deaths and injuries if the Department allowed the waste to continue to be stored at existing power plants and storage sites until a safe and permanent site and transportation proposal can be confirmed; and

 


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2005 Statutes of Nevada, Page 3061 (File Number 75, AJR 4)

 

plants and storage sites until a safe and permanent site and transportation proposal can be confirmed; and

      Whereas, Ninety percent of the waste to be shipped to Yucca Mountain is now located east of the Mississippi and, if transported, will impact at least 44 states, hundreds of cities, thousands of communities and nearly 50 million Americans who reside within 3 miles of potential shipping routes; and

      Whereas, An area identified as the Caliente rail corridor has been designated as part of the transportation route, the designation of which is being contested, particularly since flooding occurred in that area in January 2005, eroding approach embankments and causing railroad tracks to be washed away, which led to 5 to 10 trains to be rerouted through Reno; and

      Whereas, Compounding the transportation issue is the fact that, even without an accident, Nevada’s economy stands to lose upwards of $5.5 billion annually as a result of the stigmatizing effects of the repository and the transportation of nuclear waste through the State; and

      Whereas, As early as 1986, the Department of Energy acknowledged the potential for impacts to a tourism-dependent economy, an issue of great concern in Nevada, stating “the potential for adverse public perception of a repository and its associated waste transportation could adversely affect the tourism industry”; and

      Whereas, Given the unique reliance of Nevada’s economy on the State’s ability to attract tourists, any impacts that reduce the number of visitors, especially to Las Vegas, would have major economic consequences for this State, leading to direct fiscal consequences for local governments as it is predicted that, even without an accident, visitor spending will decline by 7 percent, reducing local government tax revenues by $91 million annually; and

      Whereas, Not only is Nevada itself ranked the fastest growing state in the nation but the Las Vegas Valley, in particular, is one of the fastest growing areas in the nation, with Henderson, North Las Vegas and Las Vegas being among the top six fastest growing cities in the country, which further raises concerns because Yucca Mountain is located just 90 miles northwest of the Valley; and

      Whereas, Recent setbacks include decreased funding by Congress, delays in the licensing process and the backlog in review by the Department of Energy of the documents to be submitted with the application, of which there are more than 2 million documents still in need of study; and

      Whereas, The inescapable conclusion is that the Federal Government is in no way prepared to deal with, or is even aware of, the effects of the Yucca Mountain project on society and this country; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That numerous hurdles, including budget shortfalls, an unresolved radiation health safety standard, and transportation and corrosion issues, are cause for reconsidering Yucca Mountain as the proposed site for a nuclear waste repository; and be it further

      Resolved, That President Bush is implored to remember a pledge he made in Las Vegas on August 12, 2004, to “stand by the decision of the courts and the Nuclear Regulatory Commission,” and to live up to this promise by ordering the Department of Energy to stop its work on a license for a nuclear waste repository in Nevada; and be it further

      Resolved, That despite the fact that voters in Nevada chose to re-elect President Bush, a recent poll indicates that approximately 70 percent of Nevadans remain opposed to Yucca Mountain, an ill-advised project based on bad science, bad law and bad public policy, a choice that ignores better, less expensive and safer alternatives, a choice which hinders, not helps, national security; and be it further

 


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2005 Statutes of Nevada, Page 3062 (File Number 75, AJR 4)

 

Nevadans remain opposed to Yucca Mountain, an ill-advised project based on bad science, bad law and bad public policy, a choice that ignores better, less expensive and safer alternatives, a choice which hinders, not helps, national security; and be it further

      Resolved, That Nevada has already borne more than its fair share of this nation’s radioactive waste burdens, including, hosting hundreds of nuclear weapons tests during the Cold War and hosting the world’s largest low-level and mixed radioactive waste disposal facility at the Nevada Test Site, which is also controlled by the Department of Energy; and be it further

      Resolved, That the issue of how to dispose of nuclear waste, the deadliest substance known to mankind, is of great importance, requiring decisions to be based on “sound science,” as was promised Nevada and the nation in 2000, before it is put on the roads, railways and waterways of this country; and be it further

      Resolved, That with the abundance of safe, economical dry storage facilities at existing reactor sites, there is no current spent fuel emergency and nuclear power plants face no risk of shutdown, the residents and political leaders of the State of Nevada urge President Bush and Congress and all involved agencies to recognize the unsuitability of Yucca Mountain as the site for a repository to store and dispose of spent nuclear fuel and high-level radioactive waste; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of Energy and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

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FILE NUMBER 76, AJR 10

Assembly Joint Resolution No. 10–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 76

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide that a person must be a resident of the State for 30 days before an election to be eligible to vote in that election.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 1 of Article 2 of the Nevada Constitution be amended to read as follows:

      Section 1.  All citizens of the United States (not laboring under the disabilities named in this Constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the State [six months,] and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector.

 


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2005 Statutes of Nevada, Page 3063 (File Number 76, AJR 10)

 

an elector. There shall be no denial of the elective franchise at any election on account of sex. The Legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this State for President and Vice President of the United States.

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FILE NUMBER 77, AJR 12

Assembly Joint Resolution No. 12–Committee on Natural Resources, Agriculture, and Mining

 

FILE NUMBER 77

 

Assembly Joint RESOLUTION—Urging the United States Department of Transportation to take action regarding federal cargo securement regulations.

 

      Whereas, The Federal Motor Carrier Safety Administration published new cargo securement regulations on September 27, 2002, with the intent of preventing cargo from shifting on or within or falling from commercial motor vehicles, and, as mandated, Nevada’s Department of Transportation has adopted the new standards; and

      Whereas, The federal regulations adopted address all cargo loads in a uniform manner, which may be appropriate when transporting most loads but is problematic when transporting bales of hay as the regulations ignore the unique requirements for constraining loads of bales of hay that are presented when transporting such cargo; and

      Whereas, The new federal regulations require the use of tiedowns and v-boards to secure the side of a load, a more costly, time-consuming and dangerous method when used to transport bales of hay; and

      Whereas, The federal cargo securement regulations allow certain optional securement methods such as longitudinal ropes and cross-stacking of bales; and

      Whereas, Transporting bales of hay without the use of longitudinal ropes and cross-stacking can create hazardous conditions for the driver and the public, including the potential for bales of hay to shift or to fall or blow off the vehicle; and

      Whereas, Load and transportation techniques, including the use of longitudinal ropes and cross-stacking of bales, have been used safely in Nevada and other states for decades; and

      Whereas, There is also a need for consistency in the interstate transport of hay, since Nevada has adopted the federal regulations but California has not, thus making the transportation of hay between Nevada and California especially problematic; and

      Whereas, The new cargo securement regulations are subject to varying interpretations by law enforcement officers in different jurisdictions, resulting in different methods of securement being enforced in different areas of this State and in other states; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 73rd Session of the Nevada Legislature hereby urge the United States Department of Transportation to issue an interpretation of this regulation which, when applied to the transportation of bales of hay, allows the traditional and safer use of longitudinal tiedowns and v-boards at the front and back of a load, rather than the newly required use of v-boards on the sides with tiedowns every 10 feet; and be it further

 


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2005 Statutes of Nevada, Page 3064 (File Number 77, AJR 12)

 

bales of hay, allows the traditional and safer use of longitudinal tiedowns and v-boards at the front and back of a load, rather than the newly required use of v-boards on the sides with tiedowns every 10 feet; and be it further

      Resolved, That the Legislature requests that, if such an interpretation of this regulation cannot be rendered, the United States Department of Transportation remove the transport of bales of hay from the general cargo category and create a regulation for the specific containment and securement of baled hay that takes into consideration the unique requirements for constraining loads of baled hay; and be it further

      Resolved, That the United States Department of Transportation act in consultation with industry experts and local agencies, and consider the safety advantages of using traditional longitudinal straps and cross-stacking standards when reviewing these regulations for amendment; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of Transportation of the United States Department of Transportation, the Administrator of the Federal Motor Carrier Safety Administration and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 78, AJR 14

Assembly Joint Resolution No. 14–Committee on Health and Human Services

 

FILE NUMBER 78

 

Assembly Joint RESOLUTION—Urging the Nevada Congressional Delegation to introduce and to support federal legislation mandating the reporting of results of all clinical trials and the collection and analysis of the data by the appropriate federal agencies.

 

      Whereas, A clinical trial is a research study involving the participation and observation of human volunteers to determine the safety and effectiveness of drugs, biological products or medical devices; and

      Whereas, There is no comprehensive system for tracking, organizing and disseminating information about ongoing clinical trials, and it is estimated that only half of the approximately 1 million trials conducted over the past 56 years have been reported; and

      Whereas, One consequence of this lack of reporting is “publication bias” wherein positive results of trials are reported in order to get a drug approved, while trials which show harmful effects are not reported, resulting in a distortion of evidence on which to base medical determinations, allowing physicians to unwittingly prescribe drugs that may have hazardous side effects; and

      Whereas, There are many reasons that volunteers participate in trials, such as gaining access to new treatments before they are widely available, obtaining expert medical care at leading health care facilities, playing an active role in their own health care and helping others by contributing to medical research; and

      Whereas, There are many risks to participation in these trials, including possible unpleasant and even life-threatening side effects, and with a voluntary registry such as suggested by the pharmaceutical industry, companies may not report results that are unfavorable to their products, betraying the volunteers’ trust, and without this information, there cannot be a true scientific evaluation of the study of that drug; and

 


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2005 Statutes of Nevada, Page 3065 (File Number 78, AJR 14)

 

companies may not report results that are unfavorable to their products, betraying the volunteers’ trust, and without this information, there cannot be a true scientific evaluation of the study of that drug; and

      Whereas, Many trials that are performed by academic researchers are sponsored by pharmaceutical companies, presenting a conflict of interest when reporting the results of the trials, and nearly one-fifth of government scientists say they have been pressured to support approval of a drug despite having concerns about its safety; and

      Whereas, Each clinical trial in the United States must be approved and monitored by an institutional review board, which is an independent committee of physicians, statisticians, community advocates and others, to ensure that the trial is ethical and that the rights of the volunteers are protected; and

      Whereas, Prescription drugs are regulated by the Food and Drug Administration, but with the discovery that some of the drugs developed for arthritis have been found to increase the risk of heart attacks and that some patients, especially children and teenagers, who were prescribed antidepressants had increased rates of suicide and violence, with substantial evidence of the suppression of negative data concerning these drugs in clinical trials, there is a growing movement supporting a national registry of all clinical trials; and

      Whereas, The pharmaceutical industry opposes full disclosure because of concerns that competitors would learn their research and development secrets and it would affect their profits, but the pharmaceutical industry is consistently one of the most profitable industries in the Fortune 500 list, and the welfare of the public must take precedence over all else; and

      Whereas, For these reasons, the American Medical Association has called for all clinical trials to be registered with the Federal Government; and

      Whereas, The International Committee of Medical Journal Editors has issued a statement that, as of July 1, 2005, they will require registration in a public trials registry for all clinical studies that involve human patients as a condition of consideration for publication in member journals; and

      Whereas, In the 108th Session of Congress, H.R. 5252 and S. 2933 were introduced which required researchers to enter their clinical trials into a federal registry before starting them and to report the results of the trials at the conclusion, but these bills died in committee; and

      Whereas, Under current law, pharmaceutical companies are required to post information only about trials of drugs for serious or life-threatening diseases or conditions which are then posted on an existing government website, www.ClinicalTrials.gov, that currently has a database of such studies conducted in all 50 states and in over 100 countries; and

      Whereas, This website could be expanded to include information about the purpose, duration and outcomes of all clinical trials; and

      Whereas, It is imperative that federal legislation be introduced to create a centralized and comprehensive national registry for mandatory reporting of all publicly and privately funded clinical trials involving drugs, biological products or medical devices; and

      Whereas, Since it has been shown that unfavorable trial results which placed financial interests at risk are particularly likely to remain unpublished and hidden from public view, any legislation must require that the results of all clinical trials be reported, whether those results are positive or negative, because selective reporting of results distorts the body of evidence available for decision making; and

 


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2005 Statutes of Nevada, Page 3066 (File Number 78, AJR 14)

 

because selective reporting of results distorts the body of evidence available for decision making; and

      Whereas, By creating a single, comprehensive database of clinical studies and their results, scientific information is easily available, in a timely fashion, for use by researchers, journalists, public interest organizations, health care providers, patients seeking to enroll as subjects in clinical trials and the general public so that they may make informed decisions, resulting in safer and more responsible clinical trials; and

      Whereas, Since many adverse effects do not surface until a drug is taken over a long period of time, periodic updates must be included in the registry to improve knowledge of the risks of long-term use; and

      Whereas, To be effective, legislation would need to require that institutional review boards deny a stamp of approval to a clinical trial unless it is registered in the database; and

      Whereas, To regain the public’s trust in the clinical trials procedure, there must be full disclosure of the results of all clinical trials, allowing physicians and patients to make safe, appropriate and effective health care decisions by having all relevant information available; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That, because carefully conducted clinical trials are recognized as a necessary and valuable tool in determining the efficacy and safety of products, the members of the Nevada Legislature hereby express their strong support for a national registry of clinical trials for the health and well-being of the public; and be it further

      Resolved, That, since there is no pending legislation requiring a national registry of clinical trials before the 109th Session of Congress, the Legislature of the State of Nevada urges the Nevada Congressional Delegation to introduce and to support federal legislation which mandates registration of all clinical trials before they are begun and full disclosure of the results; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, to the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 79, AR 6

Assembly Resolution No. 6–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 79

 

Assembly RESOLUTION—Establishing an Assembly Wall of Distinction.

 

      Whereas, Certain past members of the Assembly have distinguished themselves with their exemplary contributions to the State of Nevada in their public service to its residents and in their professional and private lives; and

      Whereas, Public service in our “citizen legislature” is a noble calling and the demands of legislative responsibilities often require giving beyond the call of duty with long hours dedicated to the study, discernment and enactment of laws which will ensure security and justice for all Nevadans; and

 


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2005 Statutes of Nevada, Page 3067 (File Number 79, AR 6)

 

enactment of laws which will ensure security and justice for all Nevadans; and

      Whereas, Those members of the Assembly whose ability, virtue and dedication have been exceptional deserve the acknowledgment of their colleagues, as well as the appreciation of those they represent; and

      Whereas, The Assembly of the Legislature of the State of Nevada wishes to recognize the contributions of those past members of the Assembly who served with great distinction, and whose vision, leadership and accomplishments are exceptional models for service in the Nevada Legislature; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That there is hereby established an Assembly Wall of Distinction to honor those past members of the Assembly whose service has been exceptional and who are selected by the Assembly leadership to be acknowledged for their exemplary contributions to the State of Nevada.

________

 

FILE NUMBER 80, AR 7

Assembly Resolution No. 7–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 80

 

Assembly RESOLUTION—Adding Joseph E. Dini, Jr., to the Assembly Wall of Distinction.

 

      Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

      Whereas, Joseph E. Dini, Jr., served the Nevada Assembly, the “people’s house” of the Legislature, with great skill, integrity, leadership and fairness as its Speaker for an unprecedented 16 years, from 1977 to 1978 and 1987 to 2000, and as a member for a record 36 years; and

      Whereas, Joe Dini’s record-setting service in the Assembly is a legacy that will endure over future years, decades and centuries and that rightly earned him the ongoing designations of “Speaker Emeritus” and “State Assemblyman 1”; and

      Whereas, Joe Dini represented the very fabric of the legislative institution and will forever be remembered for his diligent efforts to guide Nevada in its transition from a small western state to the most vibrant and rapidly growing state in the nation; and

      Whereas, Joe Dini was a recognized expert on numerous issues important to both rural and urban areas of the State, including the management of Nevada’s precious water resources, public education, arts, cultural affairs and historic preservation, and the protection of the clear waters of Lake Tahoe through an Interstate Compact between Nevada and California; and

      Whereas, The people and government of the State of Nevada were incredibly fortunate to have been served faithfully and led with great vision by “Mr. Speaker” Joseph E. Dini, Jr.; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That Speaker Joseph E. Dini, Jr., who dedicated much of his life to the service of the people of the State of Nevada as the longest serving Speaker and member of the Nevada Assembly, is hereby added to the Assembly Wall of Distinction.

 


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2005 Statutes of Nevada, Page 3068 (File Number 80, AR 7)

 

people of the State of Nevada as the longest serving Speaker and member of the Nevada Assembly, is hereby added to the Assembly Wall of Distinction.

________

 

FILE NUMBER 81, AR 8

Assembly Resolution No. 8–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 81

 

Assembly RESOLUTION—Adding Jan Evans to the Assembly Wall of Distinction.

 

      Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

      Whereas, Jan Evans represented with vision, integrity and compassion the residents of the State of Nevada and Assembly District No. 30 of Washoe County as a member of the Nevada Assembly for 14 years from 1987 to 2000; and

      Whereas, Jan Evans was elected by her colleagues in the Assembly as Speaker pro Tempore for the 1995, 1997 and 1999 sessions and served with great skill in this capacity and in appointive positions as Assistant Majority Floor Leader, Chair of the Assembly Committee on Health and Human Services, and Vice Chair of the Assembly Committee on Ways and Means; and

      Whereas, During her years of service in the Assembly, Jan Evans was widely recognized for her intelligence, hard work, honesty and unfailing commitment to improving the lives of less fortunate Nevadans and advocating programs of crucial importance to women, children, families and persons with disabilities; and

      Whereas, Among other measures, Jan Evans sponsored important legislation to assist victims of domestic violence, enhance funding for occupational education, improve public services pertaining to alcohol and substance abuse, and establish state spending priorities for money derived from federal tobacco settlements; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That Assemblywoman Jan Evans, who dedicated much of her life to the service of the people of the State of Nevada as a member of the Assembly and in a number of other capacities, is hereby added to the Assembly Wall of Distinction.

________

 

FILE NUMBER 82, AR 9

Assembly Resolution No. 9–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 82

 

Assembly RESOLUTION—Adding Louis W. Bergevin to the Assembly Wall of Distinction.

 

      Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

 


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2005 Statutes of Nevada, Page 3069 (File Number 82, AR 9)

 

by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

      Whereas, Louis W. Bergevin served the people of the State of Nevada with great wisdom, honesty and dignity as a member of the Assembly for 14 years, from 1979 to 1992, as the President of the State Board of Education for 10 years, from 1961 to 1970, and as a member of the Nevada Tax Commission for 5 years, from 1970 to 1974; and

      Whereas, During his tenure in the Assembly, Louis Bergevin was selected to serve as Minority Floor Leader for the 1987 and 1989 Legislative Sessions, Minority Whip for the 1991 Session, Chairman of the Committee on Government Affairs for the 1985 Session, Chairman of the Legislative Commission in 1985 and 1986, and a member of the Committee on Taxation for 14 years; and

      Whereas, As a member of the Assembly, Lou Bergevin helped guide the Legislature through major changes in Nevada’s tax system, advocated tax measures that protected veterans and senior citizens, and was an acknowledged expert in the subjects of education, agriculture and water rights; and

      Whereas, Lou Bergevin also faithfully served his colleagues in the ranching profession as a member of the Nevada Cattlemen’s Association, and as its President in 1978 and 1979, and his community as a member and President of the Douglas County School Board; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, That Assemblyman Louis W. Bergevin, who dedicated much of his life to the service of the people of the State of Nevada as a member of the Assembly and in a number of other capacities, is hereby added to the Assembly Wall of Distinction.

________

 

FILE NUMBER 83, AR 10

Assembly Resolution No. 10–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 83

 

Assembly RESOLUTION—Providing for the appointment of an additional attache for the Assembly.

 

      Resolved by the Assembly of the State of Nevada, That Kyle Zive is elected as an additional attache of the Assembly for the 73rd Session of the Nevada Legislature.

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FILE NUMBER 84, SCR 21

Senate Concurrent Resolution No. 21–Committee on Judiciary

 

FILE NUMBER 84

 

Senate Concurrent RESOLUTION—Urging Washoe County and the City of Reno to study the feasibility of colocating or unifying Reno Justice Court and Reno Municipal Court.

 

      Whereas, The Washoe County Commission and the Reno City Council have directed that a working group, comprised of the District Attorney and the Reno City Attorney, Judges from the Criminal Justice Advisory Committee, staff representatives of the Reno Justice Court and Reno Municipal Court, City and County Managers, and other interested departments or agencies, prepare a fiscal impact statement and recommended legislation in support of the colocation or unification of the Courts; and

 


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the Reno City Attorney, Judges from the Criminal Justice Advisory Committee, staff representatives of the Reno Justice Court and Reno Municipal Court, City and County Managers, and other interested departments or agencies, prepare a fiscal impact statement and recommended legislation in support of the colocation or unification of the Courts; and

      Whereas, The Justice Court and Municipal Court desire to provide the most efficient, clear, convenient and cost-effective access to the court system in Washoe County; and

      Whereas, It is in the interest of the residents of Washoe County to have a court system that meets the needs of a growing population that has increased the burdens on the local courts; and

      Whereas, Those needs might be better met by the colocation or unification of the Justice Court and Municipal Court; and

      Whereas, The unification of the Justice Court and Municipal Court raises significant legal and fiscal issues; and

      Whereas, American University has completed a study of the fiscal impact of colocating the Reno Justice Court and Reno Municipal Court and agreed to increase the scope of its study to include colocating or unifying the Courts in Reno by:

      1.  Identifying the relevant operational issues and considerations to be addressed in determining the potential fiscal implications of court unification;

      2.  Providing other general observations on potential fiscal implications based on other jurisdictions pursuing court unification efforts; and

      3.  Delineating the nature of further study that will need to be conducted, as well as the alternative strategies that need to be considered to implement court unification; and

      Whereas, To evaluate the feasibility of unifying the Courts, a fiscal impact statement must be prepared which identifies all operational elements that may be affected by court unification, estimates the total cost following colocation or unification for each element, and calculates the amount of revenue and property tax rate which would be transferred from the City to the County to effectuate colocation or unification; and

      Whereas, It will also be necessary to thoroughly review the Nevada Constitution, Nevada Revised Statutes, Washoe County Code and the ordinances of the City of Reno to determine any legislative action that would be necessary to effectuate colocation or unification of the Justice Court and Municipal Court; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby urge Washoe County and the City of Reno to study the feasibility of colocating or unifying the Reno Justice Court and the Reno Municipal Court in coordination and consultation with those Courts; and be it further

      Resolved, That the parties report to the 74th Session of the Nevada Legislature with the results of their fiscal and legal study; and be it further

      Resolved, That the Nevada Legislature supports the efforts to provide greater access to the judicial system in Washoe County and should consider any necessary enabling legislation during the 2007 Legislative Session; and be it further

 


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      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Washoe County Commission and the Reno City Council.

________

 

FILE NUMBER 85, SR 9

Senate Resolution No. 9–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 85

 

SENATE RESOLUTION—Expressing appreciation to the Secretary of the Senate, Senate Front Desk Staff, Sergeant at Arms and his staff, Personal Secretaries, Committee Managers, Committee Secretaries, Clerical Services Staff, Bill Services Staff and the other Attaches of the Senate for their dedication and outstanding performance.

 

      Whereas, The smooth and efficient operation of the Nevada Legislature is largely dependent on the quality and dedication of our staff; and

      Whereas, The members of the Senate recognize the extraordinary demands made on the Secretary of the Senate, Senate Front Desk Staff, Sergeant at Arms and his staff, Personal Secretaries, Committee Managers, Committee Secretaries, Clerical Services Staff, Bill Services Staff and others who serve as Attaches of the Senate as they willingly accept and meet the challenges of the tasks set before them; and

      Whereas, This body salutes all those whose diverse contributions, undertaken through the wonder of multitasking, create the “can-do” atmosphere essential to the Senators faced with the biennial task of directing the course of this State; and

      Whereas, The professional attitude and tireless efforts of the staff of the Senate are truly appreciated and valued as these extraordinary individuals assist the Senators in carrying out their duties on behalf of the residents of the State of Nevada; and

      Whereas, These special people have worked diligently and efficiently in their service to members of the Senate; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the Senate of the 73rd Session of the Nevada Legislature do hereby express their deep appreciation and commend the outstanding support staff of the Senate, which includes Claire J. Clift, 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, Catherine T. Barstad, Ricka Benum, Cynthia Clampitt, Cynthia Cook, Tonya Cort, Barbara L. Evans, Jo Greenslate, Lynn Hendricks, Delia John, Ardyss Johns, Kekuhaupio F. Kamalani, Lee-Ann Keever, Olivia Lodato, Maudie Long, Gayle Maynard, Terri Miller, Tanya Morrison, Barbara Moss, Lora Nay, Juliet W. Newman, Emily Nichols, Candice Nye, Shirley Parks, Dee Crawford-Ramsey, Irene Rawlings, Brooke T. Reid, Sherry Rodriguez, Marion Sandoval, Paula M.

 


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2005 Statutes of Nevada, Page 3072 (File Number 85, SR 9)

 

Marion 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 L. Thompson, Janet Meredith, Patty Woodworth, Jeff Benum, Alyce King, Frank Morelli, John Perondi, Joe Pieretti, James Silsby, Candy Trenoweth and Fred White; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the staff of the Senate.

________

 

FILE NUMBER 86, AJR 8

Assembly Joint Resolution No. 8–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 86

 

ASSEMBLY Joint RESOLUTION—Proposing to amend the Nevada Constitution to specify that the number of signatures required on a petition for referendum or a petition for initiative is to be determined when, before circulating the petition for signatures, a copy of the petition is filed with the Secretary of State.

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 1 of Article 19 of the Nevada Constitution be amended to read as follows:

      Sec. 1.  1.  A person who intends to circulate a petition that a statute or resolution or part thereof enacted by the Legislature be submitted to a vote of the people, before circulating the petition for signatures, shall file a copy thereof with the Secretary of State. He shall file the copy not earlier than August 1 of the year before the year in which the election will be held.

      2.  Whenever a number of registered voters of this State equal to 10 percent or more of the number of voters who voted at the last preceding general election shall express their wish by filing with the Secretary of State, not less than 120 days before the next general election, a petition in the form provided for in Section 3 of this Article that any statute or resolution or any part thereof enacted by the Legislature be submitted to a vote of the people, the officers charged with the duties of announcing and proclaiming elections and of certifying nominations or questions to be voted upon shall submit the question of approval or disapproval of such statute or resolution or any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire state. The number of registered voters required to file the petition must be determined at the time the copy of the petition is filed with the Secretary of State pursuant to this Section. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest.

 


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2005 Statutes of Nevada, Page 3073 (File Number 86, AJR 8)

 

the verification of the number of signatures affixed to the petition, whichever is earliest.

      3.  If a majority of the voters voting upon the proposal submitted at such election votes approval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall stand as the law of the State and shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of such voters votes disapproval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall be void and of no effect.

And be it further

      Resolved, That Section 2 of Article 19 of the Nevada Constitution be amended to read as follows:

      Sec. 2.  1.  Notwithstanding the provisions of Section 1 of Article 4 of this Constitution, but subject to the limitations of Section 6 of this Article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this Constitution, and to enact or reject them at the polls.

      2.  An initiative petition shall be in the form required by Section 3 of this Article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the State, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election. The number of registered voters required to file the petition must be determined at the time the copy of the petition is filed with the Secretary of State pursuant to this Section.

      3.  If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than January 1 of the year preceding the year in which a regular session of the Legislature is held. After its circulation, it shall be filed with the Secretary of State not less than 30 days prior to any regular session of the Legislature. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the Legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. If the statute or amendment to a statute is rejected by the Legislature, or if no action is taken thereon within 40 days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election.

 


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2005 Statutes of Nevada, Page 3074 (File Number 86, AJR 8)

 

voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the Supreme Court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the Legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the Legislature rejects such proposed statute or amendment, the Governor may recommend to the Legislature and the Legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the Governor, the question of approval or disapproval of each measure shall be submitted by the Secretary of State to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the Legislature to which an initiative petition proposing an amendment to a statute is presented which the Legislature rejects or upon which it takes no action, the Legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the Secretary of State in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the Legislature.

      4.  If the initiative petition proposes an amendment to the Constitution, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the Secretary of State not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the State, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.

 


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2005 Statutes of Nevada, Page 3075 (File Number 86, AJR 8)

 

5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.

      5.  If two or more measures which affect the same section of a statute or of the Constitution are finally approved pursuant to this Section, or an amendment to the Constitution is finally so approved and an amendment proposed by the Legislature is ratified which affect the same section, by the voters at the same election:

      (a) If all can be given effect without contradiction in substance, each shall be given effect.

      (b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.

      6.  If, at the same election as the first approval of a constitutional amendment pursuant to this Section, another amendment is finally approved pursuant to this Section, or an amendment proposed by the Legislature is ratified, which affects the same section of the Constitution but is compatible with the amendment given first approval, the Secretary of State shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the Secretary of State shall not submit the amendment given first approval to the voters again.

________

 

FILE NUMBER 87, SCR 43

Senate Concurrent Resolution No. 43–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 87

 

Senate Concurrent RESOLUTION—Memorializing former District Court Judge John W. Barrett.

 

      Whereas, The members of the Nevada Legislature were saddened to learn of the passing of native Nevadan and former District Court Judge John W. Barrett on June 19, 2004; and

 


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2005 Statutes of Nevada, Page 3076 (File Number 87, SCR 43)

 

      Whereas, John W. Barrett was born in Reno, Nevada, on June 9, 1917, to Esther Catherine Johns Barrett and William Patrick Barrett, both of pioneer families from Reno and the Carson Valley; and

      Whereas, Although the Barrett family included three generations of stonemasons, including John’s grandfather who crafted the Nevada Memorial Stone on the Washington National Monument, William Barrett did not encourage John to join the family business, instead he encouraged him to embark on a different career path; and

      Whereas, After graduating from the University of Nevada, Reno, in 1939, John enlisted in the United States Army Reserve and witnessed the attack on Pearl Harbor on December 7, 1941, while he was stationed at Schofield Barracks; and

      Whereas, John continued bravely serving his country in the United States Army until the end of World War II, receiving a Silver Star, a Bronze Star and a Combat Infantry Badge before retiring from military service as a Lieutenant Colonel; and

      Whereas, After graduating from the University of California, Hastings College of the Law in 1949, John returned to Nevada to practice law in Reno and Hawthorne before serving as a Deputy Attorney General for the State of Nevada; and

      Whereas, Upon the death of Judge Mastretti in 1961, Governor Grant Sawyer appointed John Barrett to the Washoe County District Court, Department Number 2, where Judge Barrett continued to preside, unchallenged at any election since 1962, until his retirement from the bench in 1985; and

      Whereas, In presiding over numerous trials during his 24 years on the bench, including the Priscilla Ford trial, Judge John W. Barrett is best remembered for his strong sense of fairness and adherence to the law, his instrumental role in working with Judge Tom Craven to bring the National Judicial College to Reno and for being a founding member of the Nevada Judicial Historical Society; and

      Whereas, Although Judge Barrett was soft spoken, his family and friends knew him as an avid outdoorsman with a great sense of humor, a gift for storytelling and a deep love for his wife, whom John affectionately referred to as “M,” and his children, grandchildren and great-granddaughter and the rest of his family; 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 offer their sincere condolences to the family and friends of Judge John W. Barrett; and be it further

      Resolved, That the legacy of Judge John W. Barrett’s exemplary judicial career and tireless effort to preserve the history of the courts of Nevada will continue to inspire judges for generations to come; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to John Barrett’s beloved family.

________

 

 


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2005 Statutes of Nevada, Page 3077

 

FILE NUMBER 88, SJR 12

Senate Joint Resolution No. 12–Senator Lee

 

FILE NUMBER 88

 

Senate Joint RESOLUTION—Urging the President of the United States to direct the Secretary of the Interior to provide full funding for the Clark County Sport Shooting Park.

 

      Whereas, The United States Congress passed the Southern Nevada Public Lands Management Act of 1998, which authorizes the United States Department of the Interior through the Bureau of Land Management to sell certain federal lands in Clark County to the private sector for development purposes; and

      Whereas, The provisions of the Act allocate 5 percent of the profits from the sale of federal land to fund education in Nevada, 10 percent to the Southern Nevada Water Authority for water delivery projects, and 85 percent to a special account to be used for the federal acquisition of environmentally sensitive land to develop a Multi-Species Habitat Conservation Plan to protect threatened and endangered species, for capital projects on federal land managed by the Bureau of Land Management, the National Park Service and the United States Forest Service, and for developing parks, trails and natural areas in Clark County; and

      Whereas, Additional legislation amended the Act to include the funding of conservation initiatives on federal land and federal environmental restoration projects at Lake Tahoe and to authorize that certain revenues be set aside for other specific purposes; and

      Whereas, The Las Vegas Valley is the fastest growing metropolitan area in the United States and the Act was passed, in part, to offset growing recreational and environmental impacts on federal land surrounding the Las Vegas Valley and to provide recreational amenities within the Las Vegas Valley; and

      Whereas, The residents of Clark County enjoy and utilize the right to own and use firearms, with persons in one of every three households estimated to own a firearm, and firearm owners have expressed a strong desire to develop a safe and affordable public shooting park in the Las Vegas Valley; and

      Whereas, The Las Vegas Valley has limited public shooting opportunities and no public shooting parks, causing citizens to use federal lands for practice shooting, which results in illegal shooting, environmental damage and public safety issues; and

      Whereas, Law enforcement, the security industry and local military units in the Las Vegas Valley have expressed a desire for a shooting park to meet training and Homeland Defense needs; and

      Whereas, The need for a public shooting park was acknowledged by the Department of the Interior and Congress in January 2002 when President George W. Bush signed into law H.R. 2937, which transferred 2,880 acres of federal land to Clark County for the purpose of constructing a public shooting park; and

      Whereas, The Clark County Board of Commissioners directed the Department of Parks and Community Services, with the advice of a citizen advisory committee, to design, construct and operate the shooting park; and

 


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2005 Statutes of Nevada, Page 3078 (File Number 88, SJR 12)

 

      Whereas, The Sport Shooting Park Citizen Advisory Committee has recommended a conceptual plan for a safe, affordable and self-sustaining sport shooting park to meet the needs of the public, and this project enjoys strong support from the residents of the Las Vegas Valley; and

      Whereas, The Department of the Interior, using money generated from the sale of land in Las Vegas Valley as required by the Southern Nevada Public Lands Management Act, funded the first phase of this project; and

      Whereas, The Clark County staff proposed that the federal Parks, Trails and Natural Areas Subgroup recommend funding of $42,160,000 by the Department of the Interior to complete the remainder of the Sport Shooting Park development, as phases 2 and 3 of the project; and

      Whereas, The Parks, Trails and Natural Areas Subgroup funding recommendation eliminated the proposed law enforcement area and the park center, thereby reducing the funding recommendation to $33,600,000; and

      Whereas, The Clark County Board of Commissioners passed a resolution on March 1, 2005, requesting a reevaluation of the recommendation and the continuation of funding from the Southern Nevada Public Lands Management Act of 1998; and

      Whereas, The Secretary of the Interior has the authority to authorize expenditure of money from the Act to provide full funding for the Clark County Sport Shooting Park; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 73rd Session of the Nevada Legislature hereby urge President Bush to direct the Secretary of the Interior to provide full funding for the Clark County Sport Shooting Park; and be it further

      Resolved, That the members of the 73rd Session of the Nevada Legislature support the resolutions adopted by the Clark County Board of Commissioners on March 1, 2005, concerning the Southern Nevada Public Lands Management Act of 1998; 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, the Secretary of the Interior, and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

________

 

FILE NUMBER 89, AJR 11 of the 72nd Session

Assembly Joint Resolution No. 11 of the 72nd Session– Committee on Elections, Procedures, and Ethics

 

FILE NUMBER 89

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide for the election of certain members of the Board of Regents and the gubernatorial appointment of certain members of the Board of Regents, and to specify the number and terms of the members.

 

 


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2005 Statutes of Nevada, Page 3079 (File Number 89, AJR 11 of the 72nd Session)

 

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 7 of Article 11 of the Nevada Constitution be amended to read as follows:

       [Sec: 7.  The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first Four Years and until their successors are elected and qualified constitute]

       Sec. 7.  1.  There is hereby created a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. [But the]

      2.  The Board of Regents consists of nine members. Except as otherwise provided in this subsection, one member must be elected from each congressional district in this state and the remaining positions, if any, must be filled by the Governor by appointment. If at any time this state is apportioned more than nine congressional seats, the Legislature shall provide for the districts from which the nine members of the Board of Regents must be elected.

      3.  The Legislature shall provide for the arrangement of the terms of the elected members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. The Governor shall provide for the arrangement of the terms of the appointed members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. After initial terms of 2 or 4 years to ensure staggered terms, each member of the Board of Regents shall serve a term of 4 years, and until his successor is elected and qualified or appointed and qualified.

      4.  If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      5.  Not more than two-thirds of the appointed members of the Board of Regents may be members of the same political party.

       6.  The Legislature shall [at its regular session next preceding the expiration of the term of Office of said Board of Regents provide for the election of a new] define the duties of the members of the Board of Regents . [and define their duties.]

And be it further

      Resolved, That the term of any member of the Board of Regents who was elected before November 4, 2008, expires on January 5, 2009. The Governor shall make his appointments pursuant to subsection 2 of Section 7 of Article 11 of the Nevada Constitution as soon as practicable after January 5, 2009, and in making those appointments may appoint a former member of the Board of Regents.

And be it further

      Resolved, That this resolution becomes effective on January 1, 2008, for purposes of nominating and electing members to the Board of Regents from each congressional district, and on January 5, 2009, for all other purposes.

________

 

 


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2005 Statutes of Nevada, Page 3080

 

FILE NUMBER 90, SCR 44

Senate Concurrent Resolution No. 44–Senators Cegavske, Amodei, Beers, Care, Carlton, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Raggio, Rhoads, Schneider, Tiffany, Titus, Townsend, Washington and Wiener

 

Joint Sponsors: 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

 

FILE NUMBER 90

 

Senate Concurrent RESOLUTION—Recognizing the Southern Nevada Area Health Education Center for its contributions towards the prevention of child abuse.

 

      Whereas, Child abuse and neglect are critical and continuing problems among Nevada’s families, with more than 13,000 reported cases each year; and

      Whereas, A child in Nevada is abused or neglected every 2 hours, and half of these victims of abuse and neglect are 5 years old or younger; and

      Whereas, Child abuse is more common in families that face risk factors such as poverty, insufficient or no access to social services, limited parenting skills, substance abuse and parents who were raised with abuse themselves; and

      Whereas, Research has shown that the risk of child abuse can be lessened through such preventive strategies as strengthening parenting skills, providing support for families in crisis, facilitating children’s social and emotional development, and linking families to services and opportunities; and

      Whereas, The Southern Nevada Area Health Education Center is a nonprofit organization dedicated to improving Nevada’s health status through educational services and community outreach; and

      Whereas, The mission of the Center’s Child Abuse Prevention Program is to prevent child abuse and neglect in Nevada through early intervention, awareness and education; and

      Whereas, Early this year, the Center was awarded full chapter status as the Nevada Chapter of Prevent Child Abuse America, a nationally recognized initiative for the prevention of child abuse; and

      Whereas, The Center offers a statewide resource for prevention services, information sharing, learning and program development for children, parents, professionals and communities; and

      Whereas, The Center partners with providers of children’s services, community organizations and other persons and entities throughout the State to address the needs of both rural and urban communities; 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 the outstanding contributions of the Southern Nevada Area Health Education Center to child abuse prevention, education and intervention for communities in Nevada; and be it further

 


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2005 Statutes of Nevada, Page 3081 (File Number 90, SCR 44)

 

Nevada Area Health Education Center to child abuse prevention, education and intervention for communities in Nevada; and be it further

      Resolved, That the Legislature hereby congratulates the Center on becoming an official chapter of Prevent Child Abuse America; and be it further

      Resolved, That the Legislature recognizes the ongoing need to support viable efforts to prevent child abuse and neglect in this State; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Debbie Barter, Child Abuse Prevention Program Manager of the Southern Nevada Area Health Education Center, Frank Lassus, Chairman of the Board of Trustees of the Southern Nevada Area Health Education Center, and Rose Yuhos, Executive Director of the Southern Nevada Area Health Education Center.

________

 

FILE NUMBER 91, AR 11

Assembly Resolution No. 11–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

FILE NUMBER 91

 

Assembly RESOLUTION—Designating certain members of the Assembly as regular and alternate members of the Legislative Commission.

 

      Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Standing Rules of the Legislature, the following Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Ms. Barbara E. Buckley, Mr. John Oceguera, Mr. Bernie Anderson, Mrs. Sharron E. Angle, Mr. John C. Carpenter and Dr. R. Garn Mabey, Jr., are designated as the regular Assembly members; Mr. David R. Parks and Mr. William C. Horne are designated as the first and second alternate members, respectively, for Ms. Barbara E. Buckley; Ms. Peggy Pierce and Mr. Bob McCleary are designated as the first and second alternate members, respectively, for Mr. John Oceguera; Ms. Sheila Leslie and Ms. Bonnie Parnell are designated as the first and second alternate members, respectively, for Mr. Bernie Anderson; Mr. Peter J. Goicoechea and Mr. Brooks Stevens Holcomb are designated as the first and second alternate members, respectively, for Mrs. Sharron E. Angle; Mr. Thomas J. Grady and Mr. Roderick R. Sherer are designated as the first and second alternate members, respectively, for Mr. John C. Carpenter; Mr. Chad Christensen and Ms. Valerie E. Weber are designated as the first and second alternate members, respectively, for Dr. R. Garn Mabey, Jr.

________

 

 


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2005 Statutes of Nevada, Page 3082

 

FILE NUMBER 92, SR 10

Senate Resolution No. 10–Committee on Legislative Operations and Elections

 

FILE NUMBER 92

 

Senate RESOLUTION—Designating certain members of the Senate as regular and alternate members of the Legislative Commission.

 

      Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the Joint Standing Rules of the Legislature, Senators Randolph J. Townsend, Sandra J. Tiffany, Mark E. Amodei, Dina Titus, Valerie Wiener and Steven A. Horsford are designated as the regular Senate members of the Legislative Commission; and be it further

      Resolved, That Senators Maurice E. Washington and William J. Raggio are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend; Senators Dennis Nolan and Warren B. Hardy II are designated as the first and second alternate members, respectively, for Senator Sandra J. Tiffany; Senators Mike McGinness and Dean A. Rhoads are designated as the first and second alternate members, respectively, for Senator Mark E. Amodei; Senators Terry Care and John Jay Lee are designated as the first and second alternate members, respectively, for Senator Dina Titus; Senators Terry Care and Michael A. Schneider are designated as the first and second alternate members, respectively, for Senator Valerie Weiner; Senators Maggie A. Carlton and Terry Care are designated as the first and second alternate members, respectively, for Senator Steven A. Horsford; and be it further

      Resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting must be as follows:

      1.  The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.

      2.  If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.

      3.  An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.

 


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2005 Statutes of Nevada, Page 3083 (File Number 92, SR 10)

 

appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.

      4.  An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.

________

 

FILE NUMBER 93, SCR 45

Senate Concurrent Resolution No. 45–Committee on Legislative Operations and Elections

 

FILE NUMBER 93

 

Senate Concurrent RESOLUTION—Supporting the repeal of the Wright Amendment.

 

      Whereas, In 1967, Southwest Airlines chose Dallas Love Field as the base of operations for its new, low-fare airline which was based on the concept that air travel should be dependable and affordable for everyone; and

      Whereas, The fledgling company endured years of litigation intended to prevent it from fairly competing with the newly built Dallas/Fort Worth International Airport (DFW) and the major airlines operating out of that airport; and

      Whereas, With the passage of the Airline Deregulation Act in 1978 which took the Federal Government out of the business of regulating the routes that an airline could fly, it appeared that open competition would be the determining factor in air routes and airfares; and

      Whereas, In 1979, with the admitted purpose of protecting DFW and the major airlines which serve it, Congress passed the Wright Amendment which restricts travel into and out of Love Field and prevents a customer from purchasing an airline ticket for travel from Love Field with a destination other than Texas, Louisiana, Arkansas, Oklahoma or New Mexico; and

      Whereas, The Shelby Amendment added Kansas, Alabama and Mississippi to those states in 1997; and

      Whereas, While the Wright Amendment has an effect on all airlines which operate out of Love Field, Southwest Airlines bears the major impact of the Wright Amendment; and

      Whereas, A customer traveling from Love Field cannot purchase a ticket from Southwest Airlines for travel beyond any point within the Wright Amendment states, even if that customer is willing to make a stop within one of those states; and

      Whereas, Southwest Airlines is legally prohibited from offering or advertising the availability of flights between Love Field and any city outside the Wright Amendment service area, preventing it from competing in those markets; and

      Whereas, Since Southwest Airlines is only allowed to fly short-haul flights from Love Field, which is the type of flight that has declined most significantly since September 11, 2001, the restrictions of the Wright Amendment have limited the growth of the company and the access of the public to competitive, low-cost air travel; and

 


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2005 Statutes of Nevada, Page 3084 (File Number 93, SCR 45)

 

      Whereas, Love Field will never rival DFW in the size and scope of its operations because the Love Field Master Plan limits its growth to 32 gates while DFW has 140 gates and is still growing; and

      Whereas, DFW is now the world’s third busiest airport, serving more than 53 million passengers last year and, because of the lack of competition from airlines such as Southwest Airlines, DFW has one of the highest averages for fares in the country; and

      Whereas, A phenomenon labeled as “The Southwest Effect” by the United States Department of Transportation has proven that competition from low-cost airlines can lower airfares on all airlines, thereby increasing the number of air travelers and the amount of airport revenues which increases profits in the industry as a whole; and

      Whereas, While it has been suggested that Southwest Airlines should just move some of its flights to DFW, splitting up its operations would have an economic impact on its company which has been proven to be one of the most profitable in the airline industry, with 32 consecutive years of profitability; and

      Whereas, Many experts agree that the repeal of the Wright Amendment will have a positive effect on the airline industry by increasing competition, thereby benefiting the public by lowering airfares and giving customers more options; and

      Whereas, Repeal of the Wright Amendment will benefit the residents of Nevada by expanding options for travel by air and will give tourists and visitors more opportunities to visit our State; 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 support federal legislation to repeal the Wright Amendment.

________

 

FILE NUMBER 94, SCR 46

Senate Concurrent Resolution No. 46–Committee on Legislative Operations and Elections

 

FILE NUMBER 94

 

Senate Concurrent RESOLUTION—Encouraging the Public Utilities Commission of Nevada to participate in discussions to upgrade the electric transmission system in the Western Interconnection.

 

      Whereas, The existing electric transmission system in the Western Interconnection was largely constructed on a control-area-by-control-area basis, resulting in a system that does not result in the lowest average cost per unit of energy delivered to retail customers throughout the West; and

      Whereas, The economic benefit of completing an optimized electric transmission system in the Western Interconnection will result in substantial cost reductions, most likely in the range of hundreds of millions of dollars per year; and

      Whereas, The investments required to achieve savings of this magnitude are also quite large, most likely in the range of billions of dollars; and

      Whereas, The complexity of the financial transactions required to support such large investments, across multiple control areas and states, involving public and private sector funds, is expected to be unprecedented in the electric power industry over the last 60 to 70 years; and

 


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2005 Statutes of Nevada, Page 3085 (File Number 94, SCR 46)

 

involving public and private sector funds, is expected to be unprecedented in the electric power industry over the last 60 to 70 years; and

      Whereas, Completion of such a project is likely to require coordinated action at the federal level to obtain some level of relief from the provisions of the Public Utilities Holding Company Act and from the Federal Energy Regulatory Commission related to the timing of cost recovery permitted in tariffs and to tariff provisions governing intermittent renewable generators; and

      Whereas, Utility efforts to gather information about the financing and construction of such a transmission system are likely to include consideration of terms and conditions and negotiations with other entities that may be contrary to current regulations or statutes; and

      Whereas, The Western Governors’ Association maintains a protocol, which has been activated by the Governors of four western states, including Nevada, designed to engender cooperation in the siting of interstate transmission lines among the various states in the Western Interconnection; and

      Whereas, The interests of the State of Nevada would be served by ensuring that Nevada’s electric utilities are full partners in the establishment of the financial, physical and operational structure of new transmission lines in the West; and

      Whereas, The interests of the State of Nevada would be served when the Legislature and the Governor provide clear, consistent policy guidance for the Public Utilities Commission of Nevada in matters related to the relative value of interstate transmission and the construction of local generation facilities; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Public Utilities Commission of Nevada is encouraged to participate actively in discussions that seek to upgrade the electric transmission system in the Western Interconnection, with the specific goal that such discussions produce and accommodate regional solutions to growing demands for electric energy, and to accommodate Nevada’s desire for a reliable, efficient network that provides market access to new generation sources; and be it further

      Resolved, That such discussions should take place with other state utilities commissions through the National Association of Regulatory Commissioners and similar organizations, with transmission system developers and with developers of renewable and clean fossil generation systems both inside and outside of Nevada; and be it further

      Resolved, That the State of Nevada should maintain four key objectives in these discussions:

      1.  Fair market access to new renewable and clean fossil generation;

      2.  A transmission infrastructure that will allow renewable generators in Nevada to serve Nevada and interstate customers;

      3.  Potential equity participation by Nevada’s electric utilities both in the transmission system upgrades and in the renewable and clean fossil generation constructed; and

      4.  Electrical interconnection of the two investor-owned electric utilities in Nevada, Sierra Pacific Power Company and Nevada Power Company; and be it further

      Resolved, That the Public Utilities Commission of Nevada is encouraged to coordinate its participation in such discussions closely with the regulated electric utilities, to seek their advice about provisions offered by other entities and to seek their assistance in the development of language that reflects the areas of agreement among other states including, as appropriate, public and private transmission providers; and be it further

 


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2005 Statutes of Nevada, Page 3086 (File Number 94, SCR 46)

 

the regulated electric utilities, to seek their advice about provisions offered by other entities and to seek their assistance in the development of language that reflects the areas of agreement among other states including, as appropriate, public and private transmission providers; and be it further

      Resolved, That the Public Utilities Commission of Nevada is further encouraged to open an investigatory docket to assess the extent to which the Nevada Revised Statutes and Nevada Administrative Code would need to be revised to implement proposed agreements among the parties to such discussions; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Public Utilities Commission of Nevada.

________

 

FILE NUMBER 95, ACR 28

Assembly Concurrent Resolution No. 28–Assemblymen Munford, Kirkpatrick, Koivisto, Anderson, Angle, Arberry Jr., Buckley, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hardy, Hettrick, Hogan, Holcomb, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Ohrenschall, Parks, Parnell, Sherer, Smith and Weber

 

FILE NUMBER 95

 

Assembly Concurrent RESOLUTION—Urging the Commission on Economic Development to develop programs for economic development and stimulate employment within certain areas.

 

      Whereas, The health, safety and welfare of the people of this State are dependent upon a healthy economy and vibrant communities; and

      Whereas, The continual encouragement, development, growth and expansion of private enterprise within the State requires a cooperative and continuous partnership between government and private organizations; and

      Whereas, There are certain depressed areas in this State that need the particular attention of government, business, labor and residents of Nevada to help attract private investment into the area; and

      Whereas, Many older neighborhoods in urban areas including the area designated as Assembly District 6, which includes the area known as “Old West Las Vegas,” are currently in dire need of economic development; and

      Whereas, These areas are fully populated communities located in this State that have not benefited from new growth or new industry entering the State; and

      Whereas, Many members of these communities have been taxpayers in this State for 30, 40 and even 50 years, and a portion of the revenue from their tax dollars should be used for revitalization and economic development in those communities; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature hereby urges the Commission on Economic Development to establish a special program of economic development for the older neighborhoods in depressed areas of this State to stimulate business and industrial growth and effect revitalization; and be it further

      Resolved, That the Commission on Economic Development is hereby encouraged to begin the special program of economic development by focusing on providing economic development projects and providing access to the type of financing needed to stimulate the growth of businesses and industries in the area known as “Old West Las Vegas” which will provide the high quality jobs, increased property values and enhanced standard of living desired by all Nevadans; and be it further

 


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2005 Statutes of Nevada, Page 3087 (File Number 95, ACR 28)

 

focusing on providing economic development projects and providing access to the type of financing needed to stimulate the growth of businesses and industries in the area known as “Old West Las Vegas” which will provide the high quality jobs, increased property values and enhanced standard of living desired by all Nevadans; and be it further

      Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Commission on Economic Development.

________

 

FILE NUMBER 96, SCR 42

Senate Concurrent Resolution No. 42–Committee on Legislative Operations and Elections

 

FILE NUMBER 96

 

senate Concurrent RESOLUTION—Declaring that certain regulations to which the Legislative Commission has objected will not become effective.

 

      Whereas, At the general election in 1996, the voters approved and ratified an amendment to Section 1 of Article 3 of the Constitution of the State of Nevada that authorized the Legislature to nullify any regulation adopted by an executive agency which binds persons outside the agency; and

      Whereas, The Legislative Commission has carefully considered each regulation described in this resolution and has determined that each such regulation fails to conform to the statutory authority pursuant to which it was adopted or to carry out the intent of the Legislature in granting that authority and therefore should not become effective; and

      Whereas, In accordance with the provisions of NRS 233B.0675, the Legislature may, not later than the final day of this session, declare that any regulation to which the Legislative Commission has objected not become effective; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That in accordance with the provisions of NRS 233B.0675, the Legislature hereby declares that the regulation adopted by the Taxicab Authority of the Department of Business and Industry (LCB File No. R114-03), concerning the use of camera systems in taxicabs, to which the Legislative Commission objected on January 10, 2005, as failing to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority will not become effective; and be it further

      Resolved, That in accordance with the provisions of NRS 233B.0675, the Legislature hereby declares that the regulation adopted by the State Board of Health (LCB File No. R147-04), concerning the provisions governing “assisted living services” provided by residential facilities for groups, to which the Legislative Commission objected on August 3, 2004, as failing to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority will not become effective; and be it further

      Resolved, That in accordance with the provisions of NRS 233B.0675, the Legislature hereby declares that the regulation adopted by the Commissioner of Mortgage Lending (LCB File No. R159-04), concerning the requirements for the establishment of signs for mortgage brokers, to which the Legislative Commission objected on December 15, 2004, as failing to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority will not become effective; and be it further

 


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2005 Statutes of Nevada, Page 3088 (File Number 96, SCR 42)

 

which the Legislative Commission objected on December 15, 2004, as failing to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority will not become effective; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Taxicab Administrator, the Administrator of the Health Division, the Commissioner of Mortgage Lending and the Secretary of State.

________

 

FILE NUMBER 97, ACR 11

Assembly Concurrent Resolution No. 11–Assemblyman Anderson

 

FILE NUMBER 97

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study on the availability and inventory of affordable housing in Nevada.

 

      Whereas, Recent discussions initiated by the Nevada Housing Database Partnership relating to the lack of accurate, timely, affordable data concerning housing in the State of Nevada have generated ideas for the compilation of demographic, economic and housing data that could aid in forecasting the supply of and demand for affordable housing for rent and ownership in this State; and

      Whereas, Various state and local agencies involved in the discussions have indicated the desire to pursue the creation of a statewide housing database that would assist in identifying the existing affordable housing and the corresponding demand, using federal, state and local demographic, economic and housing data; and

      Whereas, Finding affordable housing today in Nevada is often difficult because of the tremendous increase in housing prices coupled with rapid population growth, and the availability of data to estimate housing demand would be an extremely useful tool to assist state and local agencies in assessing and developing policies on affordable housing to ensure its availability to all Nevadans; and

      Whereas, The creation of a statewide housing database would also complement the growing trend of implementing a regional approach to growth management and planning throughout the State, as well as eliminate duplicative studies and services, thus providing cost savings for all entities currently attempting to generate and compile data on housing; and

      Whereas, Such a database would also offer objective information to assist developers, administrators, applicants for grant and tax credits, state and local governments, and others interested in the provision of affordable housing and housing-related services; and

      Whereas, The states of Washington and Wyoming have established studies that could serve as models for our State because of the types of data collected and the demographic and geographic similarities of those states to the State of Nevada; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a subcommittee, composed of three members of the Assembly and three members of the Senate, one of whom must be appointed as Chairman of the subcommittee, to conduct a study of the availability and inventory of affordable housing in Nevada; and be it further

 


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2005 Statutes of Nevada, Page 3089 (File Number 97, ACR 11)

 

of the subcommittee, to conduct a study of the availability and inventory of affordable housing in Nevada; and be it further

      Resolved, That the study must include, without limitation, the compilation and analysis of demographic, economic and housing data from a variety of sources that:

      1.  Provides for an annual assessment of the affordable housing market at the city and county level, including data relating to housing units, age of housing, rental rates and rental vacancy rates, new home sales and resale of homes, new construction permits, mobile homes, lots available for mobile homes, and conversions of multifamily condominiums;

      2.  Addresses the housing needs of various population groups in Nevada, such as households that rent, homeowners, elderly households, veterans, persons with disabilities or special needs, homeless persons, recovering drug abusers, persons suffering from mental health ailments and abused women, with each group broken down to show the percentage of the population group at different income levels, and a determination of the number of households within each special needs group experiencing housing costs greater than 50 percent of their income, overcrowding or substandard housing;

      3.  Contains an estimate of the number and condition of subsidized and other low-income housing units at the county level and the identification of any subsidized units that are forecast to convert to market-rate units within a 2-year planning period;

      4.  Provides a demographic and economic overview by local and county jurisdiction, if feasible, for the population of Nevada, including age, race and ethnicity, household size, migration, current and forecast employment, household income and a summary relating to the effects of demographics and economic factors on housing demand;

      5.  Includes an assessment relating to the funding of a new position or an expansion of the duties of the Nevada State Demographer’s Office, which is funded by the Department of Taxation, to fulfill the responsibilities of compiling future housing data and producing an annual assessment of housing supply and demand; and

      6.  Includes an examination of methods for funding the provision of such housing data on an annual basis; and be it further

      Resolved, That local governments are urged to participate in the study by providing information, including, but not limited to, the types of projects the local governments are currently providing to assist persons in locating affordable housing; and be it further

      Resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

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2005 Statutes of Nevada, Page 3090

 

FILE NUMBER 98, ACR 17

Assembly Concurrent Resolution No. 17–Assemblyman Parks

 

FILE NUMBER 98

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the sentencing of convicted persons and of the pardons, parole and probation services provided in this State.

 

      Whereas, Nevada has one of the highest per capita incarceration levels in the country; and

      Whereas, Nevada remains one of the few states that uses incarceration, the most expensive method of corrections, as the primary method of addressing criminal conduct; and

      Whereas, The number of inmates who are released from prison onto parole in Nevada is declining; and

      Whereas, Reducing the required time for incarceration has not produced an impact on individual recidivism rates or aggregate crime levels; and

      Whereas, High-risk offenders must be closely supervised and provided with more rehabilitative services to promote their reintegration to society and maintenance of a crime-free life; and

      Whereas, Parole should not be revoked for the commission of a misdemeanor or for technical violations of parole rules, but instead, revocation must be limited to serious infractions involving the commission of a felony; and

      Whereas, Certain juveniles who commit serious crimes are transferred to the adult criminal justice system in this State; and

      Whereas, It is necessary to review options for sentencing juveniles who commit such serious crimes; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint an interim committee, composed of three members of the Assembly and three members of the Senate, one of whom must be appointed as Chairman of the committee, to conduct a study of the sentencing of convicted persons and of the pardons, parole and probation services provided in this State; and be it further

      Resolved, That the study must include, without limitation, an evaluation of:

      1.  The current practices and procedures relating to issuing pardons and granting and revoking parole and probation in this State;

      2.  The manner of imposing sentences in this State;

      3.  The feasibility of establishing mandatory parole after an offender serves a portion of a sentence;

      4.  Sentencing options that provide for combined prison terms and postincarceration supervision;

      5.  Gender and ethnic parity in sentencing;

      6.  Training, educational and rehabilitation programs that are available for offenders in this State;

      7.  Programs developed in other states that provide a system of community-based programs that place offenders in more specialized programs according to their needs;

 


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2005 Statutes of Nevada, Page 3091 (File Number 98, ACR 17)

 

      8.  The procedures for determining when to release inmates into community supervision programs;

      9.  Methods to promote more cost-effective pardons, parole and probation practices; and

      10.  Methods for combining juvenile and adult sentencing options for juveniles who commit serious crimes; and be it further

      Resolved, That the Administrative Office of the Courts, the Department of Corrections and the Division of Parole and Probation of the Department of Public Safety are hereby directed to provide information and assistance to the committee; and be it further

      Resolved, That any recommended legislation proposed by the interim committee must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to the committee; and be it further

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

________

 

FILE NUMBER 99, ACR 10

Assembly Concurrent Resolution No. 10–Assemblyman Perkins

 

FILE NUMBER 99

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study on the adequacy of the system of school finance in Nevada.

 

      Whereas, Section 2 of Article 11 of the Constitution of the State of Nevada requires the Legislature to provide for a uniform system of common schools; and

      Whereas, Section 6 of Article 11 of the Constitution of the State of Nevada requires the Legislature to provide for the support and maintenance of the common schools by direct legislative appropriation from the General Fund; and

      Whereas, In Guinn v. Legislature, 119 Nev. 277 (2003), the Nevada Supreme Court opined that access to public education is a basic constitutional right in Nevada; and

      Whereas, Currently, the State of Nevada contributes to the financial support of the operation of public schools in this State in accordance with the Nevada Plan for School Finance; and

      Whereas, According to “Quality Counts 2004,” an annual report published by Education Week, the State of Nevada is among the best at equalizing the distribution of state and local revenue in support of public elementary and secondary schools; and

      Whereas, The authors of the report also determined that the adequacy of education in this State ranks among the very lowest states, with only 1.9 percent of students attending school in a district that spends at or above the national average spending level per student; and

      Whereas, Based on data from the 2003-2004 school year for 568 public elementary and secondary schools in Nevada, 103 schools failed to make adequate yearly progress and were placed on the watch list, and 122 schools were designated as demonstrating need for improvement pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. งง 6301 et seq.;

 


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2005 Statutes of Nevada, Page 3092 (File Number 99, ACR 10)

 

were designated as demonstrating need for improvement pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. งง 6301 et seq.; and

      Whereas, In an era where schools and pupils are being held to a high standard of accountability, it is essential for this State to ensure that it provides all children who reside in this State with the tools to be successful, including the opportunity for a meaningful public education with adequate educational opportunities; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a committee composed of three members of the Assembly and three members of the Senate, one of whom must be appointed as Chairman of the committee, to conduct an interim study of the adequacy of the system of school finance in Nevada; and be it further

      Resolved, That the committee shall enter into a contract with a qualified, independent, nationally recognized consultant to assist the committee in its study; and be it further

      Resolved, That the study must include, without limitation:

      1.  An analysis of the Nevada Plan for School Finance to determine whether that Plan provides an opportunity for a meaningful public education with adequate educational opportunities, including, without limitation, an identification of any inadequacies or inequities in public education that are caused by the Nevada Plan;

      2.  A comprehensive analysis of the costs of providing adequate educational opportunities to all pupils enrolled in public schools in this State, giving primary consideration to the following factors:

      (a) The resources and services required to provide a meaningful public education to pupils who are limited English proficient, pupils who are at risk based upon eligibility for free or reduced-price lunches pursuant to 42 U.S.C. งง 1751 et seq., and pupils who are enrolled in programs of special education;

      (b) The implications of the size and location of the public schools in this State, including, without limitation, any differences in expenses for personnel, materials, supplies, equipment and other costs that vary based upon the geography of this State;

      (c) The costs of providing comparable educational opportunities to pupils who are enrolled in public schools in rural or remote portions of this State with those pupils who are enrolled in public schools in larger, urban school districts, taking into consideration the differences in operating costs and transportation costs;

      (d) The costs of providing specific educational programs, including, without limitation, career and technical education and vocational education programs;

      (e) The costs for the construction, operation and maintenance of school buildings and other capital facilities of a school district;

      (f) The costs of inflation; and

      (g) Any other factors deemed necessary for review and analysis by the interim committee or the consultant;

      3.  A determination of whether Nevada’s system of financing public schools is calibrated to the needs and educational goals of pupils in this State;

      4.  An analysis of methods of school finance that ensure an effective public school system, including, without limitation, an analysis of best practices carried out in other states in an effort to achieve adequacy in school finance and the costs to carry out those practices in Nevada; and

 


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2005 Statutes of Nevada, Page 3093 (File Number 99, ACR 10)

 

practices carried out in other states in an effort to achieve adequacy in school finance and the costs to carry out those practices in Nevada; and

      5.  Based upon the study, recommendations for legislation that will ensure the State of Nevada provides the children who reside in this State with an opportunity for a meaningful public education with adequate educational opportunities, including, without limitation, recommendations for methods to correct any identified inadequacies or inequities in the Nevada Plan for School Finance; and be it further

      Resolved, That as used in this act, the term “adequate educational opportunities” means the provision of educational opportunities under a system of public education that includes operational and educational programs, services and facilities and that is in full compliance with:

      1.  The applicable statutes and regulations of this State and the Federal Government; and

      2.  Any applicable accreditation standards; and be it further

      Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to the committee; and be it further

      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

________

 

FILE NUMBER 100, SCR 26

Senate Concurrent Resolution No. 26–Committee on Natural Resources

 

FILE NUMBER 100

 

Senate Concurrent RESOLUTION—Creating an interim study of the use, allocation and management of water resources in Nevada.

 

      Whereas, The waters of the State of Nevada are among its most precious and vital resources; and

      Whereas, The State of Nevada is the most arid state in the country and has relatively few supplies of surface water and groundwater, a condition which is periodically exacerbated by drought conditions in Nevada and in the Rocky Mountains which supply the headwaters of the Colorado River; and

      Whereas, Adequate, long-term supplies of water are essential to maintaining stable economic growth and the development of rural and urban areas of this State; and

      Whereas, The conservative and prudent use of supplies of water is necessary to promote adequate, long-term supplies and to protect the environment of this State; and

      Whereas, The rapid growth in the population and the economy of this State within the last 30 years has placed growing demands on the limited water supplies and has resulted in an increasing number of projects for the reallocation of water resources from areas of supply to areas of demand; and

      Whereas, The residents of this State are vitally interested in the decisions made relating to the use, management and allocation of Nevada’s scarce water resources; and

      Whereas, The Nevada Legislature has conducted several interim studies on the general topic of laws and activities related to water resources and large amounts of information concerning Nevada’s water resources have been compiled through the years and the degree to which these materials fill the current needs is not immediately evident; and

 


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2005 Statutes of Nevada, Page 3094 (File Number 100, SCR 26)

 

large amounts of information concerning Nevada’s water resources have been compiled through the years and the degree to which these materials fill the current needs is not immediately evident; and

      Whereas, The provision of services related to water, including the supply of safe water for municipal and industrial uses, the management of wastewater and storm drainage, the management of floodplains and the administration of water reclamation projects, in an efficient manner is critical to the current and future welfare of the citizens of Washoe County; and

      Whereas, In Washoe County, these water-related services are presently provided through several governmental entities; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct an interim study of the use, management and allocation of water resources in this State; and be it further

      Resolved, That the committee must:

      1.  Be composed of eight Legislators as follows:

      (a) The Chairman of the Senate Standing Committee on Government Affairs;

      (b) The Chairman of the Senate Standing Committee on Natural Resources;

      (c) One member appointed by the Majority Leader of the Senate;

      (d) One member appointed by the Minority Leader of the Senate;

      (e) The Chairman of the Assembly Standing Committee on Government Affairs;

      (f) The Chairman of the Assembly Standing Committee on Natural Resources, Agriculture, and Mining;

      (g) One member appointed by the Speaker of the Assembly; and

      (h) One member appointed by the Minority Leader of the Assembly.

      2.  Select a chairman and vice chairman from among its members; and be it further

      Resolved, That the study must include, without limitation:

      1.  An analysis of the laws, regulations and policies regulating the use, allocation and management of water in this State;

      2.  A review of the status of existing information and studies relating to water use, surface water resources, and groundwater resources in this State;

      3.  An evaluation of the need, if any, for additional information or studies of water use and water resources in this State, including, without limitation, an analysis of whether:

      (a) A need exists for additional field investigations to quantify surface water resources, groundwater resources and water uses, and if so, the procedures and costs associated with such investigations; and

      (b) Valuable information can be obtained through placing groundwater basins, or portions thereof, under hydrologic stress by drilling and pumping wells over a period of time within those basins, and if so, the procedures and costs associated with these actions;

      4.  A review of the report of the State Engineer provided pursuant to Assembly Bill 213 of the 2003 Session of the Nevada Legislature;

      5.  Development of recommendations concerning appropriate statutory provisions for administrative procedures and penalties to be imposed upon a person who violates the provisions of NRS 533.460;

      6.  An analysis of the potential ramifications of initiating procedures for the adjudication of existing rights within hydrologic basins in the State;

 


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      7.  An evaluation of the feasibility and desirability of quantifying the groundwater resources of this State using existing information;

      8.  A review of statewide water use and the efficiency of water use, including, without limitation:

      (a) Per capita water consumption;

      (b) Water use by the economic sector; and

      (c) Potential methods of increasing the efficiency of water use in this State;

      9.  An analysis of the effectiveness of existing water systems for administrating, controlling, allocating, distributing and protecting the water resources of this State;

      10.  An evaluation of the potential for the government of this State to provide:

      (a) Technical assistance and information services regarding water resources to local governments within the State; and

      (b) Increased access to informational and educational services regarding water resources to the residents of the State;

      11.  An evaluation of the feasibility and advisability of creating a statutory Legislative Committee on Water Resources and prescribing its membership and duties; and be it further

      Resolved, That the Legislative Commission is hereby directed to appoint a subcommittee of the committee to study the feasibility and advisability of consolidating the water-related services in Washoe County; and be it further

      Resolved, That the subcommittee must:

      1.  Be composed of six Legislators as follows:

      (a) One member of the Senate appointed by the Chairman of the Committee;

      (b) One member of the Assembly appointed by the Chairman of the Committee;

      (c) One member appointed by the Majority Leader of the Senate;

      (d) One member appointed by the Minority Leader of the Senate;

      (e) One member appointed by the Speaker of the Assembly; and

      (f) One member appointed by the Minority Leader of the Assembly;

      2.  Select a chairman and vice chairman from among its members; and be it further

      Resolved, That the study conducted by the subcommittee must include, without limitation:

      1.  An analysis of relevant financial considerations, ownership and operation of facilities, and potential management and staffing structures;

      2.  A review of potential alternatives including, without limitation, consolidation of:

      (a) All water supply, wastewater treatment, flood control, storm drainage and water reclamation programs;

      (b) Only water supply and wastewater treatment programs;

      (c) Only the water supply programs;

      (d) Only the responsibilities for procuring water and water rights, treating the water and providing the water to the existing distributors; and

      (e) Only the responsibilities for procuring water and water rights and providing the water to the water treatment facilities managed by the various distributors; and be it further

 


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      Resolved, That the entities providing water-related services in Washoe County are hereby directed to participate and cooperate in the study and furnish all necessary assistance to the subcommittee; and be it further

      Resolved, That any recommended legislation proposed by the committee or subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to that committee or subcommittee; and be it further

      Resolved, That the Legislative Commission shall submit a report of the results of the studies and any recommendations for legislation to the 74th Session of the Nevada Legislature.

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FILE NUMBER 101, SCR 35

Senate Concurrent Resolution No. 35–Senator Titus

 

FILE NUMBER 101

 

Senate Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of measures needed to protect and maintain the natural treasures of Nevada.

 

      Whereas, Nevada exists in a high desert region of the western United States displaying rugged snow-capped mountains, towering alpine forests, deep azure lakes, rocky cliffs, dramatic canyons, unexpected sand dunes and whitewater rivers and is one of the most biologically diverse states of our Nation; and

      Whereas, In 1992, the Nevada Natural Heritage Program recognized over 100 locations in Nevada as areas with a multitude of rare species, known as biodiversity hot spots, with many of these species being endemic to a particular Nevada habitat; and

      Whereas, The diverse landscape of northwest Nevada includes the expansive volcanic plateaus of Sheldon, the glaciated peaks and basins of Blue Lakes, the baked dry lake bed of the Black Rock Desert and the starkly beautiful and mysterious Pyramid Lake; and

      Whereas, The northeast corner of Nevada is defined by its waters which carve canyons and create, in contrast to the arid deserts that cover a large portion of the State, a spectacularly lush oasis teeming with wildlife; and

      Whereas, The mountainous terrain of eastern Nevada exhibits such wonders as Wheeler Peak, the second highest mountain in Nevada, which holds the only active glacier in the Great Basin, the Lehman Caves, a major cave system with a fascinating wonderland of limestone formations, Lexington Arch, a natural limestone arch more than six stories high, stands of bristlecone pines, which are among the world’s oldest living organisms and can live for more than 4,000 years, Cathedral Gorge with its unique formations of circular shafts and steep spires carved by the erosion of soft bentonite clay, and the Ruby Mountains, sometimes referred to as the Nevada Alps, home to lush valleys, wildflower meadows, alpine lakes, waterfalls, glacially formed canyons, including the dramatic Lamoille Canyon and Chimney Rock; and

      Whereas, With sections stretching from Lake Tahoe and Reno south to the Las Vegas area, the Toiyabe National Forest is the largest national forest outside Alaska and, with its wide range of elevations combined with variable climates and soils, holds a wide diversity of plant life, ranging from Joshua trees and creosote bushes to bristlecone pines, and animal life, including mule deer, black bear, mountain lion, bobcat, wild burros and horses, and innumerable small mammals, reptiles and birds; and

 


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climates and soils, holds a wide diversity of plant life, ranging from Joshua trees and creosote bushes to bristlecone pines, and animal life, including mule deer, black bear, mountain lion, bobcat, wild burros and horses, and innumerable small mammals, reptiles and birds; and

      Whereas, The area know as Mount Charleston is made up of the 316,000-acre Spring Mountains National Recreation Area and boasts the highest point in southern Nevada, Charleston Peak, which looms over the desert floor of the Las Vegas Valley at an elevation of 11,918 feet; and

      Whereas, In the shadow of the Spring Mountain Range lie multicolored sandstone formations, known as Red Rock Canyon, replete with unique flora and a large number of animals including the desert bighorn sheep, the official state animal of Nevada; and

      Whereas, One of the Silver State’s most startlingly beautiful desert environments is the wind-sculpted sandstone of the Valley of Fire State Park which sports colors from a deep red to a golden orange that contrast with the sparkling white of the regal Silica Dome also contained in the park; and

      Whereas, Walker Lake, part of the remains of a prehistoric lake which covered much of the western United States, contains various native fish species that are vital to thousands of birds that rely on the lake as a fueling and rest stop on their migratory routes, including spring and fall visits from 1,400 common loons, the largest known inland congregation west of the Mississippi, and is rumored to be the home of Cecil the sea serpent; and

      Whereas, Other amazing treasures of Nevada include the fossilized remains of the prehistoric ichthyosaurs who ruled the warm, shallow seas that covered Nevada during the late Triassic Period, “singing” Sand Mountain which was created when sand from surrounding flats, once part of the bottom of ancient Lake Lahontan, was blown against nearby mountain walls to form a dune rising 600 feet high and stretching for 2 miles, and the abundance of geothermal resources that can be found throughout the State; and

      Whereas, Nevada’s vast and diverse landscape has always been part of the State’s history, people and wealth, and has provided assets such as minerals, forage and fertile soil, as well as the invaluable resources of clean water and air, abundant wildlife and open space; and

      Whereas, Thousands of different kinds of life call Nevada home and hundreds of these live nowhere else, and the health and economic well-being of our State depend directly upon wise stewardship of its land and all the life it supports; and

      Whereas, The challenge to make decisions in the best interest of future generations of Nevadans increases as population and land-use pressures grow, but with early planning and responsible development, economic growth and our biological resources can successfully exist side by side; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to conduct an interim study of any measures necessary for the protection and maintenance of Mount Charleston and Walker Lake and any other area of the State the committee appointed to conduct the study deems appropriate; and be it further

 


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      Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

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EMERGENCY REQUEST of Speaker of the Assembly

 

FILE NUMBER 102, AJR 17

Assembly Joint Resolution No. 17–Assemblyman Perkins

 

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 102

 

Assembly Joint RESOLUTION—Urging the Base Realignment and Closure Commission to reconsider and reject the recommendations of the Department of Defense concerning Naval Air Station Fallon, Nevada Air National Guard stationed at Reno-Tahoe International Airport and Hawthorne Army Depot.

 

      Whereas, The United States Department of Defense conducted base realignments and closures in 1988, 1991, 1993 and 1995, resulting in the closure of 97 major bases, the realignment of 55 major bases and the closure or realignment of 235 minor bases across the United States; and

      Whereas, Congress authorized base realignments and closures for 2005 in the National Defense Authorization Act of 2002, and, on May 13, 2005, the Department of Defense issued its recommendations for closures and realignments; and

      Whereas, Included in those recommendations are the proposed realignments of Naval Air Station Fallon and the Nevada Air National Guard stationed at Reno-Tahoe International Airport, and the proposed closure of Hawthorne Army Depot; and

      Whereas, It is critical to the State of Nevada that the Base Realignment and Closure Commission reconsider and reject these recommendations as set forth by the Department of Defense; and

      Whereas, The Department of Defense has recommended realignment of Naval Air Station Fallon which will result in the disestablishment of the Aircraft Intermediate Maintenance Department Fallon and the Naval Air Depot North Island Detachment Fallon; and

      Whereas, The realignment of the Nevada Air National Guard, 152nd Airlift Wing, stationed at Reno-Tahoe International Airport, is tantamount to a closure in that the recommendation to move eight C-130H aircraft, the Guard’s only planes, to another base, would leave the Guard’s engineering, construction and supply units in Nevada, but significantly reduce the need for these units; and

      Whereas, The removal of these planes will eliminate approximately 260 full-time military and civilian jobs, and will most likely cause 283 others who fulfill their traditional Air Guard duties at this station to lose their positions at the station; and

 


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2005 Statutes of Nevada, Page 3099 (File Number 102, AJR 17)

 

      Whereas, Not only will the realignment leave the Guard with no flying mission, but it will leave Nevada’s Adjutant General and the Guard with limited ability to provide Homeland Security and disaster assistance to Nevada and surrounding states in the event of an emergency or natural disaster; and

      Whereas, The justification for this realignment states that the Nevada Air National Guard was unable to expand beyond ten C-130s, a statement that is not true—the Air Guard signed an agreement 4 years ago with the Airport Authority of Washoe County which provides for a land swap that would give the Guard four more planes, an agreement that the Air Force and National Guard Bureau still have on hold, an agreement that would allow up to twelve planes at the station; and

      Whereas, The final recommendation by the Department of Defense, which will cause considerable adverse impact economically to the State of Nevada, is the proposed closure of Hawthorne Army Depot located in Mineral County; and

      Whereas, The estimated savings of $59.2 million to the Federal Government as the result of this closure is small compared to the damage to the local economy that will be caused by the closure of the Depot, Hawthorne’s primary employer; and

      Whereas, Hawthorne Army Depot plays a unique role in our nation’s security, offering a remote location for weapons’ training and storage of munitions and is the premier resource, recovery and recycling center for conventional ammunition; and

      Whereas, In its Base Closure and Realignment Report, the Department of Defense includes Hawthorne Army Depot within the Reno-Sparks Metropolitan Statistical Area and notes that the loss of 326 jobs is less than 0.1 percent of the economic area employment, yet the Report fails to note that Hawthorne is located 133 miles from Reno-Sparks; and

      Whereas, In reality, because Hawthorne is a town of approximately 3,300 and is the economic base for a county with an estimated population of 4,800, this closure will directly affect 10 percent of the city’s population, not including the local businesses which now benefit from the presence of the Depot, including those employed by the Depot and also their families and the troops who travel to Hawthorne for training; and

      Whereas, As in the past, and now, as our nation faces new security threats, the political leaders and residents of the State of Nevada have and will continue to support the military to meet the challenges they face; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature strongly urges the Base Realignment and Closure Commission to reconsider the realignment of Naval Air Station Fallon and the Nevada National Air Guard, 152nd Airlift Wing, and the closure of Hawthorne Army Depot, and reject those recommendations as a significant threat to national security; 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 Base Realignment and Closure Commission, the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

 

 


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2005 Statutes of Nevada, Page 3100 (File Number 102, AJR 17)

 

of Representatives and each member of the Nevada Congressional Delegation; and be it further

      Resolved, That this resolution becomes effective upon passage.

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