1q1, A. B. 278-Committee on Government Affairs, Feb. 7.

Summary-Reorganizes boards, commissions and similar bodies in execu­tive department of state government. (BDR 18-200) Fiscal Note: Local Government Impact: No. State or Industrial Insurance Impact: Executive Budget

Feb. 7-Read first time. Referred to Committee on Government Affairs. To printer. .,,1 2./ . '!' ! 1

Feb. 8-From printer. To committee. 'tz3, Z..'11 Y3~ '/I 0 Mar. 18-From committee: Amend, and re-refer to Committee on Gov­

ernment Affairs. /Mar. 21-Read second time. Amended. Re-referred to Committee on

Government Affairs. To printer. ./i l\1ar. 22-From printer. To engrossment. Engrossed. First reprint. To

committee. S/2 5, -+/, , e.f /t.1-, '+ /, 3 'f /, ,;;--Apr. 17-From committee: Amend, and do pass as amended.

/ Apr. 18-Read third time. Amended. To printer. Apr. 20-From printer. To re-engrossment. Re-engrossed. Second reprint.✓ ✓Apr. 21-Read third time. Amended. To printer. Apr. 22-From printer. To re-engrossment. Re-engrossed. Third reprint.✓

I Apr. 26-Read third time. Passed, as amended Title approved. To Senate. Apr. 28-In Senate. Read first time. Referred to Committee on Govern­

ment Affairs. To committee. 1//2,.q., 5/:a-. May 2-From committee: Amend, and do pass as amended. Declared

an emergency measure under the Constitution. /May 3-Read third time. Amended. To printer.

May 4--From printer. To re--engrossment Re-engrossed. Fourth reprint./ . /May 5-Taken from General File. Placed on Secretary's desk. Taken

from Secretary's desk. Placed on General File. Read third time. A.mended. To printer.

✓May 6-From printer. To re-engrossment. Re-engrossed. Fifth reprint./ Read third time. Passed, as amended. Title approved. To Assembly. In Assembly.

May 7--Senate amendments concurred in. To enrollment.

May 13-Enrolled and delivered to Governor. May 14-Approved by the Goveror. Chapter 530.

1 Sectiom 14, 57, S9, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 143, 143.S, 163, 171, 184, 192, 361, 367, 368, 370 and subsection 2 of Section 371 effective at 12:01 a.m., Joly 1, 1977 in accordance with the provisions of Section 8 of Senate BW No. 524 of the 1977 Session. Sec­tions 12 and 360 effective at 12:02 a.m., July 1, 1977 in accordance with the provisions of Section 8 of Senate Bill No. 524 of the 1977 Sa.goo.

. The remainder of this act effecdve July 1, 1977. Sections 57, 360, 361 · and 375 are amended in accordance with the provisions of Senate Bm : No. 523 of the 1977 Session. Sections 14, 143, 143.S, 171, 184, 371 and

376 are amended in accordance with the provisions of Senate Bill No. 524 of the 1977 Session. Sections 15, 203.1, 203.2, 203.3, 203.4, 203.5, 204, 205 and 206 are repealed in accordance with the provisions of Sec­tion 11 of Senate Bill No. 524 of the 1977 Session. Section 273 is repealed in accordance with the provisions of Section 8 of Senate Bill No. 523 of the 1977 Sesdon.

SUMMARY OF' LEGISLATION /q77_ L.EGISLATIYE COUNSEL BUREAU · RESEARCH DIVISION

A.B. 278 (chapter 530) is a major reorganization of state boards and commissions. The law standardizes the appointment provisions for all boards and commissions •. The act goes through the NRS in numerical chapter order amending multi­tudinous provisions for boards and commissions in an attempt at greater uniformity· and consistency. Some boards or com­missions have been abolished. Salary and travel and per diem expenses are provided for most board and commission members and made uniform.

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A. B. 278

ASSEMBLY BILL NO. 278-COMMITTEE ON GOVERNMENT AFFAIRS

FEBRUARY 7, 1977

Referred to Committee on Government Affairs

SUMMARY-Reorganizes boards, commissions and similar bodies in executive department of state government. (BDR 18-200)

FISCAL NOTE: Local Government Impact: No. State or Industrial Insurance Impact: Executive Budget.

EXPLANATION-Matter in italics is new; matter in bracketa [ ] is material to be omitted.

AN ACT relating to boards, commissions and similar bodies in the executive depart­ment of state government; establishing uniform provisions for the appointment by the governor of members to these bodies; changing the composition of var~ ious bodies; transferring certain powers and duties; abolishing certain bodies; providing for the expiration and reestablishment of the terms of members; and providing other matters properly relating thereto.

" The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

1 SECTION 1. Title 18 of NRS is hereby amended by adding thereto a 2 new chapter to consist of the provisions set forth as sections 2 and 3 of 3 this act. 4 SEc. 2. 1. Except as otherwise provided by law, this chapter applies 5 to all members appointed by the governor to boards, commissions or simi-6 lar bodies. 7 2. The provisions of this chapter are intended to supplement present 8 statutes applicable to specific boards, commissions or similar bodies. This 9 chapter does not ~brogate or limit additional requirements imposed on

10 such boards, commissions or similar bodies by statute or otherwise recog-11 nized by case law. 12 SEc. 3. 1. After the governor's initial appointments of members to 13 boards, commissions or similar bodies, all such members shall hold office 14 for terms of 3 years or until their successors have been appointed and 15 have qualified. 16 2. A vacancy on a board, commission or similar body occurs when a 17 member dies, resigns, becomes ineligible to hold office or is absent from 18 the state for a period of 6 consecutive months. 19 3. Any vacancy shall be filled by the governor for the remainder of 20 th~ unexpired terms.

THIS BILL ,s Ii~ PAGES LONG. CONTACT THE RESEJ'..f:c:;.-i :__.:?,FitiJW

t~OP, A COPY OF THE BlLL

ASsa.mt.Y C~ AFFAIRS a:MMITI'EE

February 23: 1977

Menbe.t-s Present: Cbai.rman Murphy Mr .. J.i.fay Mr. Craddoc1( Mr .. Jeffrey Mr. Mann Mr. M.xx:1y Mr.. Pobir1son Mrs. Westall Mr. Jaccbsen

Chairman Murphy called the meeting to order at 7:40 a.m. there was one addition to the posted agenda and that was the inclusion of ltB 287, carried over from the Monday meeting ..

SB 28: Senator Dodge testified that this bill was to make it possible to sell the old Fallon fairground property a.nd reinvest this money into the n-9w recreation site .. He explained that due to a provision in the 1951 deed, this property cannot be sold without the express permission of the legislature~ That is what this bill is to do .. Section two of this bill states that this money can only be used to reinvest in other recrea­tional property in Churchill County for the public use .. Mr .. Mann asked if it should be included in the bill that the funds from this go only to the fairgrounds, since it does not spell that out specifically. Senator Dodge stated that he did not believ,e the commissioners of Churchill County would use this money for any other purpose than for the replacement of the facilities which will be sold and the extension of the fairgrounds and recreation area it is designated for. He furthe:r stated that he would not object to an amendment of this nature if the committee felt it was necessary.

SB 63: Senator Dodge gave a short explanation of this bill and its companion bill SB 6 2., This bill, SB 6 3, is ~1 housekeepping bill which was put together by Frank Daykin to help in conform­ing procedures. Mr. Daykin had been directed to make a staff review of the problems connected 1:-1ith the codification of admin­istration regulations in this state. This codification will be ,started after the end cf this session and when finished, will be av.::iilable to lawyers, people who practice before boards and com­missions and various state agencies.

JYf..r .. Daykin testified next on this bill. He said that what Sena­tor Dodge had said was right and that in 1965 when the Adminis­trative Procedures Act was adopted not attempt was made to go through the rest of NRS and repeal or amend statutes which re­lated to administrative procedures in the individual ager , ... ies. In 1967 this was compounded when the Conte~~ted Case Procet.1ure was added to the Administrative Procedure Act and again no

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ASSEMBLY GOVERNMENT AFFAIRS COMMIT'I'EE February 23, 1977 Page Five

AB 169: Chairman Murphy stated that the testimony on the financial portion of this bill will be heard in Ways and Means and this committee will not address itself to that pa.t(. ..

Mr. Bob Warren was first to testify on this bill .. He stated a bill was being introduced on the Senate side sponsored by the Nevada Association of County Commissioners and the Nevada League of Cities, t.hat would effect some of the same purposes anc ob­jectives as this bill and does go further and he thinks is more complete and workable than this bill .. He stated that they do support the concept of a strengthened Employee-Management Rela­tions Board. He felt that the decision which come from this board, and the procedures that it establishes, has a gr.eat influence on benefits and salaries and, therefore, has a great impact on the cost of government in Nevada. He said they have suggested that this board be expanded to a five person board, one from labor, one from amnagement, two from general purr-,ose government and one from the consumer area. Also that in addition to a pP.r diem pay that these people be paid a oonsulumts' fee and this would enable the governor to appoint people who are more qualified when an open­ing in the board is available. He stated that the new bill is being drafted at this time and therefore has no bill number as yet~ Mr. Murphy asked that Mr. Warren leave the proposed amend­ments to this bill with the secretary and those amendlnents will be put into the record at the time the new bill is presented to the committee and discussed along with AB 169. It was also com-­mented that this board is not one of those which is covered in AB 278 ..

Joyce Woodhaus, Nevada State Education Association, was next to testify. Hhe stated that they have submitted a similar bill which is being dr,afted now and will be i!ltroduced through the Assembly side soon. After a brief discussion, it was decided that this entire group of bills would be rescheduled and heard at a later date ..

AB 144: No one spoke as a proponent of this bill.

Mr. Frost stated he felt this was an unnecessary bill. He stated that the law, as it now stands, provides that all public buildings shall have certain facilities to accommodate handicapped persons .. And, the Planning Board has the authority to review plans for building and to recommend changes to accommodate those needs. This bill would only apply to public buildings and would be a duplica­tion. Secondly, the State Rehabilitation Division is a service agency and not an enforcement agency,therefore he felt that the enforcement should be delegated to the Equal Rights Commission or some other departrnent which has the capacity to function as an investigation agency. He stated that rather than using the budget costs proposed in this are~ that that money be used for working with the private sector on design for those buildings. He said this was the most iJ1·r:·•_)~·Lant area, design. He said the area of enforcement was the biggest problem.

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MINUTES

Joint Hearing of the Senate a.nd Assembly Government Affairs Comini ttE:es February 23, 1977 2::00 pm.

MEMBERS PRESENT: Chairman Murphy Mr. May Mr. Craddor..:k Mr. Jeffrey Mr. Mann Mr. Moody Mr. Robinson Mrs. Westall Mr .. Rhoads Mr. Jacobsen, who will be taking Mr. Rhoads'

place on the committee

SE:ma te Members Present: Senator Gibson Senator Foote Senator F'aiss Senator Gojack Senator Hilbrecht Senator Schofield Senator Raggio

Chairman Murphy called the meeting to order at 2:09 pm and introduced the members of both committees to the audience. He explained that this hearing was not to discuss specific changes in A. B~ 278 but

1n1Hlil . ... to hear general suggestions and comments.

The guest list is attached to these minutes as the last Exhibit.

Mr. Bruce Arkell, State Planning Coordinator, explained the l1istorv of the bill and qave a general descriotion of it. 2Js remarks and proposed amendments are 2.ttac:hed th as Exhibit 1.

The statement of James Deere of the Nevada Arts Council was read into the record. A copy of which is attac~ed as Exhibit 2.

Dean Robert C. Weems of the College of Business at UNR spoke to the committee regarding th<2! Nevada Employment Security Coanc::Ll" .A. of his testimony is attached as Exhibit 3.

Senator Hilbrecht asked Dean was the limitation of terms.

Weems if on He was told yes.

specif:j_c cornpla·~.nt

Assemblyman Craddock asked Dean Weems if he felt the duties of the Rural Manpower Advisory Council could be assumed by the Nevada Employment Security Council. Dean Weems said that it. was a workable change ..

JOINT SENATE AND ASSEMBLY GOVERNMENT AFFAIRS COMNTrTEE February 23; 1977 Paye Two

Mr. James 'l1hreet read a statement into the record, at tac Led here­witt as Exhibit 4.

ar. Bill Stafford, Past President of the National Interstate Council of Cosmetologist.:,, spoke against the portions of the bill which con­solidate the Barbers Health and Sanitation Board and the Board o:f Cosmetolo~JY ..

Mr. George Enomoto, Chairman of the State Board of Architecture, told the committee that he did not like the proposed membership of the Board. He added that there was neg a L 1 ve language as to the duties of the public person on the board but no specific duties for that person to perform. He did not want the Board to change at all.

Mr. J·ack Leman of the Colorado River Advisory Commission told the committee that S. B. 153 pertains to th9 same commission and that the actions toward the board should takr~ this into consideration.

Ms. Daisy Talvitie testified in favor of A. D. 278, her remarks are attached as Exhibit 5.

r1r. Victor Isaacson, Secretary of the Nevada State Board o~ Dispensing Opticians, told the committee that his Board had no objection:: to having representation of the general public on their Board but that thei7" present incor::te from license renewal sand examination fees would not be enough to cover the addition~l member.

Mr. M~ Douglas Miller, Chairman of the Nevada Advisory Mining Bo8rd, told the committee that the Board. does not want to be al1c:?_ished ..

.7'1.i. copy of his statement as well as a resolution fr:::m t.:~te Boa.rd and a letter frore the Washoe Chapter of the Nevada Miners and Prospectors Acaoci~tion are attached as Exhibit G.

Mr. !)au.l Gerro.i.1ill, Cc·-Executi ve Secretaries of the Nevada Mining Asscciation told the corn.rrti ttee that his Association VJas against the ~bolition of the Nevada Advisory Mining Board. A copy of ~1is Gtr.::!tement is attached herewith as Ex.h.ibi t 7 .

. Mr. Barney Dehl of the Nt~vada Crime Commission appea before the committee and said that he had nurr,erous objections to the provisions in A. B. 278 that related to the Crime Commission, officially known as the Commission on Crir1es, Delinquency and Corrections. The committee asked him if, during the ion of Mr. Arkell's study, the members of the Crime Commission had offered su9yestions and were helpful to him. Mr. Dehl 1 s answer to this was not clear. He said that the members that he had spoken with had not even received questionnaire. Mr. Arkell informed him that respo~ses had been received from some of the members of the C Comrnission.

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JOINT SENZV2E AND ASSEMBLY GOVERNMENT AF'.PAIRS COMMITTEE February 23, 1977 Page Three

Mr. Dehl then continued by saying that the members of the Crime Commission had not had a chance to re~"d.ew the proposed changes. He was reminded by members of the ttee that the study had been out since September ..

Mr. Buck Smith read a statement for the Gov~~rnor' s Advisory Council on Children and Youth .. A copy of that statement and a position paper is attached a.s Exhibit 8. He also submitted two letter from Nevada youth regardi.n9 the benefits of this Council. (Exhibit 8)

Mr .. Bob Wright of Wells, Nevada, a member of the State Board of Agriculture presented the committee with some questions to be reviewed. They are attached herewith as Exhibit 9.

Mr. Louis Bergevin, member of the Nevada Cattlemen's Association, told the committee of his objections to term limitations because of the expertise that is invaluable to a commi.ss1on • s deliberations ..

Ms. Mary Stevens read a statement by the Inter-Tribal Council of Nevada, attached as Exhibit 10.

Mr .. Lowell C. Bernard, President of the Nevada State Board of Accountancy presented a statement for the record, attached as Exhibit 11.

Mr. John A~ Gi<lney, President of the Nevada Society of Certified Public Accountants presented a statement, Exhibit 12, in to the record.

Mr. I. J. Sandor££ read a statement from William E. Hancock Manager of the Public Works Board into the record, Exhibit 13.

Dr. William Edwards, Secretary of the Board of Oriental Medicine, told the committee that the Board is in essential agreement with the concept of A.B. 278 but that BDR 54-484 which has not been introduced yet, has better wording ..

Ms. Jean 1r. PE:a:._':_.•, Executive Secretary, Nevada State Board of Nursing, presented the Statement attacned as Exhibit 14 for the committee's considerat:.on.

Mr .. Stanley Miller, Chi Appeals RE~feree, presented a stateme.nt for the Employment Security Board of Review, attachAd as Exhibit 15 ..

JOU-Fr SENATE AND ASSEMBLY GOVERNMENT AFFAIRS COMMIT'iEE February 23, 1977 Page F'our

A statement for the Nevada State Board of Landscape Architecture was submitted for the record, attached as Exhibit 16.

A statement for the Nevada Junior Livestock Show Board was sub­mitted for the record, attached as Exhibit 17.

Exhibit 18, is a copy of the statement of Barbara Mello, a former officer and membE~r of the Nevada State Council on the Arts. Also included is a followup letter from Mrs. Mello.

Mrs. Mimi Rodden submitted the position statement for the Nevada State Museum Board of Trustees, attached as Exhibit 19.

Mr. Gary Voss a licensed provider of child care that he did not feel any of the changes proposed regarding child care facilities were necessary.

Mr. Jack Lemen, Executive Director of the Educational Communications Conunission, told the committee that he was opposed to the abolition of the HCC and submitted his reasons which are stated in Exhibit 20.

~\'is,. Ann Hibbs representing Nevada Nurses told the conuni ttee that the Nevada Nurses Association would like a registered nurse on the Board of Health. Attached as Exhibit 20A ..

Ms~ Ellen Pope representing the L.P. Nurses agreed with Ms. Hibbs suggestion of placing a nurse on the Board of

;,1r. Vernon E .. Schied submitted Exhi t 21 ~

ttir .. F'rank Hol tzhour, ftom the Departr:tent of Human Resources, submitted a chart, Exhibit 22, showing the effects of A. B. 278 on the Dept .. of Human Resources ..

Ms. Pam Wilcox submitted a statement regarding the State Conserva­tion Comrnission' s position on l\. .. B. 2 78. Attached as Exhibit 2 3.

Dr. James Roberts of the Universi of Nevada at Reno told the committee that he supported the statements of of ,'lomen Voters voiced earlier by Ms. Tal vi t He al so submitted a letter from his wife, Anne Roberts, which is attached as Exhibit 24.

Mr .. Bryce Rhoads of the Y;edical Examiners told the committee that h:~ did not agree. with tenn limitations.

Mr .. George Bennett told the com.mi ttee that one hty person on the State Board of Pharmacy is enough and that term limitations are not right. ~43·-

JOINT SENATE AND ASSEMBLY GOVERNMENT AFFAIRS COMMITTEE February 23, 1977 Page Five

Mr. Merlin Anderson, Administrator of the Nevada Commission on Postsecondary Institutional Authorization told the committee that he was not opposed to term limitations and submitted a statement attached as Exhibit 25.

Ms. Lorrdale Sebbas, Owner and Director of Prater Way Colle9e of Beauty told the committee that she was in full agreement with the sections of A. B. 278. Her statement is attached as Exhibit 26 ..

Mr. To.in Cooke of the Nevada State Contractors Board told the committee that he did not like term limitations and only supported one public member on the Board .

.Mr .. Fred Fulstone Jr. told the committee that he did not want any changes in the Sheep Commission and the Pest and Rodent Control Boards .. He was informed that with the amendments proposed by Mr. Arkell these to boards would not be affected.

Ms. Carol Tic key told the cormni ttee that she was in favor of the bill.. That it would improve the quality of Nevada's boards and commissions ..

Mr. Fred Daniels of the Professional Engineers Registration Board told the cornmittee that they had no qualms with the intent of A.B~ 278 but that they wa.nted the membership of the Board to be more specific on p. 83, line 40 subsection 2.

Mr. Glen Griffith, Department of sh and Game, said tha.t the chairman of the Board could not attend the meeting but he will issue a written statement for the committee's consideration.

The meeting was adjourned at 5:04pm. Chairman Murphy encouraged written testimony to be submitted for the committee's consideration at a later date. The following is a list of testimony that was sent to the committee and is attached as Exhibits ,3.D noted.

Hxhibit 27 - Letter from Marvin M. Sedway, Nevada State Board of Optcnetry

Exhibit 28 - Letter from r.rhomas c. Wilson, Sr., Museum Board

Exhibit 29 - Letter from Del l: :rost, Bureau of Alcohol and Drug Abuse

Exhibit 30 - Letter from Mrs .. Mary c. Davis

Exhibit 31 - Letter from Donald J. Crosby

Exhibit 32 - Letter from w.v. Wright

JOINT SENATE AND ASSEMBLY GOVERNMENT AJ:i'E'AIRS COMMITTEE February 23, 1977 Page Six

Exhibit 33 - Testimony regarding the Barbers Health and San. Board

Exhibit 34 - Letter from Julian C. Smith, Jr.

Exhibit 35 - Letter from Jean s. Dunn

Exhibit 36 - Letter from Herbert J .. Rowe

Exhibit 37 - Letter from William E. Hancock

Exhibit 38 - Letter from Larry D. Struve, Esq.

Exi.dbi t 39 - Testimony from Nevada Assoc .. of Realtors

Exhibit 40 - Let1, .• er from Dan J. Quinan

Exhibit 41 - James E. Baker memo

Exhibit 42 - Letter from John B. Mcsweeney

Exhibit 43 - Letter from John Crossley

Respectfully submitted, ,,,,-,·;· / ,/ ' ' ... -\ .. ... a, .. ~/

~>C ,,, ... n j L .. crz ~I tt 1L I 0 Kim Morgan, Committee Secretary

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Pagel

Bruce Arkell I was asked to conduct this study about April of last year and come up with some recommendations concernirlg the state agencies, boards and commissions. The study, after preliminary review of all the statutes, indicated we had a little over 200 state agency boards and commissions. The study was limited to about 150 of those. we did not look at elected boards, constitutional boards, full time salary boards, and those that dealt with small functional areas because they would require a very specific type study. One of the problems to identify initially was there is really not much consistency in why we have boards, the reasons for them are or the pur-poses for the boards themselves. What we tried to do and what this report and the subsequent legislation attempts to do is institute a system for state boards and commissions in state government of N8vada. The approach we took with the study was to contact a.11 the state boards and commissions with some hard factual data questionnaires to determine what they were doing in meetings, that type of information. We also contacted all of the board members that were serving at the time. We sent out over--little over 800 letters to board members. We got back about 400 responses. The purpose of this was just to :Eind out what they felt about the board, what problems they saw, or whatever. Based on a review of the statutes, the questionnaires, as well as what other states have done in the areas of boards and commissions, we basically identified 3 general problems with the study. The first related to the fact that we had varying qualification requirements for board members, length of terms for board members, length of terms were different, terms some were staggered, some were not stag­gered, we even have some boards where there are no terms--they are at the pleasure of the Governor, they are just appoint­ed and there is no provision for changing them. We felt that if we did bring about some consistency in those areas--it would benefit both the administration in a sense of makin<;J the appointments as well as in operation of the boards, and further, the public, we felt, would have some ideas as to what the functions of the boards were. That one book you have, the brown-covered one, it's the first time there has been a state directory of all the boards put out and mad2 available. For instance, you just couldn't find boards in the past. !:,low that problem--the two recommendations Wf.~ had concerning that--there were four of them actually--one of them was to have the terms of public office boards fall due on specific dates of the year. We broke them into two cate­gories. They fall due on June 30, and October 30. We staggered the terms of office which were advisory, policy making or regulatory over a three year perjod. The determina­tion on a three year period was based on tl1e average time that board members now serve. The board members presently have

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served a little over five years. When that breaks down it comes out to about a six year period which works out to two three year terms. We've also recommended a limitation on the appointment of not more than two consecutive terms on the same board and part of the rationale behind that was to be sure that there was some turnover in board members. We've reduced, where possible, the number of board membero to no more than nine which we found from a review the literature indicated about the largest a board could be and still be effective~ The other area that we identified as a problem, and this came more from analysis of the questionnaires that we sent out, that boards which we term as a free floating board, just was not attached to anyone, and although it may have had advisory abilities, it had no one to provide administrative support to the board, or if it was done it was done on a happenstance way, and the boards really weren't able to function well. And so we made some recommendations to attach boards to existing agend.<:~.s where possible, a~ least for the purpose of providing admini­strative support, in a sense to let the boards function in the area of being advisory or poiicy'making. The last area that we had was that--we found--the Governor is ultimately held responsible for the decisions of ,11 the Boards, under the constitution he is the supreme ~~ecutive of~icer of the state, he's responsible for the execution of ~11 the laws. We found that about 20 boards, a little less than that, where the Governor in fact did not have either the ability to make appointments to boards or he was restricted in who he could appoint. In addition, in some cases he didn't have the ability to appoint staff and approve budgets. What we've done in the bill is remov~ that where we identified it. Now that bas lly covered all the change recomrnendations that are included in the legislation. This affected probably 90 percent of the boards that we looked at. We also recommended in the study a repeal of about 43 boards. After the study was released, based on a comment we received, as well as additional infor mation that was furnished by board members, as well as the public, the 1 islation, as introduced, has recommended the repeal of about 36. We developed a ser s of criter to address when we should recommend repeal of a board a.nd that was based primarily on if the re sibilities of the board could be assumed by a line agency or another existing board. The reason for this was to bring about some accountability in this system. That applied, as an example, to the barbers and cos­metologists where we've left the board essentially to handle licens~s, but all the health and safety functions were being handled, as proposed by the bill, by health division, which is ultimately responsible for all non-administrative health matters in the state. Some boards are shown as re­pealers but we tried to combine or consolidate boards that had overlapping responsi lities involved in same area. As

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an example, we have right now about six boards involved with children and'youth in the state. We folded t~ese into two boards. We made some recommendations on whe:r~ functions would be performed with statutory authority. As an exa.mp1e, the Mining Safety Advisory Board, the Alfalfa Seed Advisory ~oard, both advise administrators--or boards that have res­ponsibilities to allocate funds. These functions could be performed without statutory authority, in our opinion. Another reason was that the board failed to meet as required by statute or hadn't met at all. We have some boards in this category; one of them is the Renal Disease Advisory Committee which hasn't met for several years. The last area, and this was the one that led primarily to getting the report out as early as we did was, we recommended repealing boards if we couldn't identify a reasJn to retain the board for public health, safety and welf~ce reasons. This really ultimately only applied to one board in the study and that was Landscape Architects. Under their statutes, their purpose is to protect the public welfare. We were unable to identify any public welfare. We've asked for some comments; we haven't received any yet. But essentially what you see before you is a bill, although it is long and complicated, basically incorporates those first eight recommendations for the change as well as the language necessary to repeal the statutes governing those 36 boards or fold them into some others. Now, as a result of the printing of the bill, we did pick up some additional comments that pointed out some errors in the bill and I do have a series of amendments to it~ But maybe before we get into that, one thing that we should look at on those repealed boards on page 12 of the yellow book--we recommend the repeal of the Advisory Mining Board. Now the reason for that re­commendation, on the bottom of the page, was that we had some difficulty in determining where--presently the Mining Advisory ~oard is termed a free floating board, it is not attached to anyone, it basically advises the state legislature and the congressional delegation. It has extreme difficulty in ob­taining administrative support. My office has provided some of that in the past. What we've suggested in the report and then again in the legislation was that the functions be trans­ferred to the Department of Economic Advisory Council on Industry and also also somE-; of it could be taken over by tne Multiple use Advisory Board. At that time, that was our recommendation, what's in the legislation. As a result of some hearings that are going on in the Senate Government Affairs Committee now on S.B. 153, apparently there possibly will be the creation of a Mineral Resources Division in the Department of Conserva­tion and Natural Resources, built around the base of the old Oil and Gas conservation commission. It would be my suggestion that the possibility v-rould exist to expand that board, incor­porate some of the functions of the Mining Advisory Board,

Page 4

and basically create a Minerals Resources Advisory Board to that division, which looks to me like it probably will come out in some form. We have some difficulty again with that board because there was no place for it to go, at the time of the study. It's also important to note at this point that in this study, I think there has only been about one function that has been repealed, and that has to do with landscape architects. All the rest of them have been transferred or moved around to some other spot in the administrative process and again, the purpose of that really falls back on the two things we think would be accomplished if this thing werA passed and that is that the general public would have better access to state government and the governor and the administrative branch could be held accountable for some o.f the actions which presently it is difficult to determine if they are accountable for. And again this goes back to the point to implement what the constitution calls for. As I said, we do have some changes to the bill that came out after the publication of it and thE:SE::: fell basically into three categories. We had some technical changes: general changes which pertain to more than one board; and specific changes you make to one particular board. I think those have been provided to the committee mE"~mbers, but I'll go through them very briefly and at least in concept what they touch on. The general changes occurred in section 3 where we have provided a definition of ''general public" which didn't exist in the bill before. And essentially that would read as "someone who has demonstrated interest in matters covered by the board or commission to which a person is to be appointed and has no pecuniary interest in the matters controlled or regulated by the board 11

, and there would be a further modifi­cation in that section to make clear that the two term limita­tion is not retroactive. We're also proposing changes to Sectiom 372, 373, 374 and 375# concern expiration dates of current terms and reappointment terms. Essentially, those provisions now call for the terms on the boards that re on June 30, the appointments to start would take effect in July of 1978. The intention was to have those take effect beginning July 1, of this year. Because the appointment date was June 30, the bill drafter pushed it up to June 30 of 1978. What we're suggesting is that the first appointments take effect July l of 1977, and the other ones take effect in 1978 and on down that way. And in those cases--and in the third general recommendation, we have more of a sugges~ionf but in those cases where the authority to appoint the director has been proposed for change from a board or commission to the Governor, several persons have suggested that minimum qualif cations be establ.~shed for each of the provisions in the statute. This has been done in s amendments in the case of the Director for the Historical Society and the State Museum. These

Page 5

standards were developed in cooperation with the board and staff of those agencies and we'd be happy to work with the agencies if the Committee decides to pursue it in writinq those particular qualifications for each one of those that are affected. In addition, there were several minor modifi­cations to the bill which we had that affected.

INDEX TO AB 278

The attached index to AB 278 has been prepared to simplify locating provisions of the bill that pertain to each board and commission.

Included Is the n~me of each board and commission {alpha­betically by subject), NRS reference~ Directory reference. Report reference, and ffnaJly a llstlng of each section of AB 278 that pertains to each board or commission. The directory reference fs to the Directory of Executive Branch Boards In Nevada Revtsed Statutes, Governor's Office of Pfanntng Ccordl­natlon, October, 1976. The report referred to in the Index ls the publication, Nevada Executive Branch Boards and Commissions -Recommendatlon5 for Change, Governor's Office of Planning Coordfnatlon, September, 1976.

•

Accountancy, Nevada State Board of Advance Right-of-Way Acqul s £ tlon and

Management Agency Agriculture, State Board Alcohol and Drug Abuse Advtsory Board A 1 fa Ha Seed Adv 1 sory Board Apprentic:eshtp Counct l, State Arehl tecture, State Board of Arts• Nevada Counct 1 on the Archaeolo fcal Counci 1 t-aevada Athlet fc Comnfss ion, Nevada Barbers/Health and Sanitation Board, State 1Hcentennia1 Co111Uisslon, Nevada American

Revolution Cancer Advisor Board Child Care Advisory Board Children and Youth, Governor's Advisory

Counci I on Chfropractlc Examfners. Nevada State Board of Civil Defense Advisor. Counl;i 1 Color-ado River Advisory Conmisslon Co11111uolcatlons Board. State Comprehensive Health Planning Advisory

Cound l, State

I N D E X

NRS Reference

628.035 ft09. 100

561.045 458,201 587.135 610.030 623.050 233C. 030 381.340 467.020 6lt3.020 2J3E.010

4 .o 0 432A. 130 233D.030

634.020 414.o o 538.051 233F. 090 ~39A.020

Directory Pa9e

12 64

19 47 20 26 13 33 6

23 1

69

4 37 36

2 51 57 32 48

Report

Pa~-

4 16

5 15 i 3 6 l1

6 i 5

12 2

14 7

14

3 15 10 6 8

Bil I SecUon If

3, 263-264. 371, 375 (1), (2) 147-149, 371

3, 236-239. 37l, 375(1). {2) 371 249, 371 252. 373 3. 258. 37!. 375(1). {2) 3, 25-30. 371. 375(3). (q} None 3, i83r 375 l , {2) 3. 294-320. 371. 375{i}. (2) ~one

172-180 37l 3. 162-163. 375 1 • 21 37t

3. 274. 3~;(1), (2) 37f 3, 209-211. 31 Non\:!

624.040 flt 4 ·s48. ns 53 9

C=-o_n __ t ___ r ___ a ..... c,---to~r:--as_,"---=-Bo..;;;,.a_,· r:..:d=--'''----=S....;t=a=te""'::-_____________ ---=.-::::~~-------___.:.....:_ _______ _:._ ___ ---,t.3. 259, 260, 37 l • 375 ( t}, (2) Conservation Commission, State 3, 233 - 235, 37i. 375{3}, {h)

644.030 l 12 Cosmetology, State Board of 3. 321-J5li. 371. 375( I} , (2) 678,290 66 2 Credit Union AdvTsory Coundl 369, 372 216.085 49 9 Crlmes, Delinquency and Corrections~ 3, 7-i 1, }75(1). {2)

Conmlss fon on Dairy CQillllt?sion. State Data Processing Coil'mfssf on Data F -... cess fog Adv I so ry board Dental ~xamtners of Nevada, Board of Economic Development Advfsory Council

(Toudsrn) · Economic Development Advisory Council

( I ndust1:y)

..

584.q2Q 242. 190 242.210 631.120 231 .050

23 L050

-

18 75 75

2 70

n

2 16 3

10

JI

None None 32, 371 3, 268-170. 375{ l) , (2) 3~ 14. 375(1). {2) -----

3. 13, ;~. 375(1), (2)

Educational Co!ffllunicatfons Commission, Nevada

Educational Televisior- Development Cound l , Nevada

Eldorado Valley Advisory Group Employee-Management Advisory Coornittee Employment Security Cound 1 Energy Resources Advisory Board, State Engineerst State Board of Registered

Profess fona J Envi ronmentaJ Commission, State Environmental Education, Nevada AdvisoFy

Coorni ttee for Ethics Conwnfssion, State Equal Rights Commission, Nevada Equa 1 ization, State Board of Examiners, State Board of Federal Lands, State Multiple Use Advisory

COfli'!l i t tee on Financa Sta;te Board of Fi re Marshal 's Advisory Board• State Fish and Game Advisory Board, State Fish and Game Commissioners, State Board of Forestry and Ff re Control, State Soard of Funeral Di rectors and Embalmers, State

Board of Game Management Boards (17), County Gaming Conmissfon, Nevada Gamiog Control Boardt State Gaming Policy Cofmli.ttee Gt d s Tral11·j~g Center. Advisory Boa rd, Nevada Gt-'lzing :aoards, Central Cooolttee of Nevada

State Grazlng Boards, State Griev~n:ce Committee ho the Board

of 'A~~ountanoyl Ground. Water Boifrds Health. State Boa.rd of Health faclH tles Advf sory Counct t Hearing Ald Spec(al lsts~ State Board of Highways, Board of 0.1 rectors of the

Department of

NR~ Referenc':!

398.090

398.160

32L420 288.135 612.305 523.0JO 625. too

445.451 385.470

28LS70 233.030 361.375 353.010 232.151

.010 477.020 501. 120 501. 167 472.030 642.020

501.260 463.022 463.030 463,021 210.410 568.170

568.040 628. 170

534.035 439.030 449.290 637A.030 408. l05

Di rectory Page

30

31

58 68

· 39 60 l5

55 32

75 70 61 61 55

62 50 59 58 53 13

59 22 21 22 37 19

18 12

to 2 7

10 5

10 6

N/A 10

1 l

15

1 9

15 10 9 4

l l 1 l

Jq

12

r 8

15 3 l

Bi It Sect ion /!

n2, 371

371

3. 56, 3750) (4) 372 3, 253, 254, 3750). (2} 3, 205, 206, 375 (3). { lJ} 3,261,262, 3750}. (2)

3, ill, 374(2) 3, 127, i28, 375(3). (4)

None 3. 21, 22, 375{!), (2) 87, 372 Hone 371

372 3" I 371 3, 194-196. 202-204, 371 3. 184. 375 {3), ( ~} 3. 293. 375(1). (2}

197 None None None 6~ 371 None

None None

207, 372 3. 166, 371. 375{3), {4) 371

2

3. 280-282) 37!, 375(1), (2} None

Historical Society Soard of Trustees, ffevada Housing Comnission. State In Han Commission, Nevada Indian Education-. Nevada Indian

Advisory COfl'llllttee for lnclustriaJ Cotm'fisslon, Nevada lndust!"1 , Agrtculture and frrtgation.

State Comnlssfon on Instructional Planning Council. Nevada Insurance, Coo~lttee on Group Investment Conmi ::~~F! ( to PERB} Irrigation District Bond Conmlssion Land Use Planning Advisory Council. State Landscape Architecture~ Board of Le lslative Coll'lllunfcatlons Council Nevada L la lson Ccnmittee to State Board of Psycho-

log ka 1 Examiners and Board of Medical Examiners) libraries, Nevada Council on Uqu~fied Petroleum Gas Board. Nevada U .-estock Show Board Nevada Jun for local Government Advfsory Conwnfttee to

Tax Conmisslon) Local Government Employee-Management

Relations Board lost C i ty Museum Advt sory Cormt f. ss ion. The

NRS Refierem:e

382.012 315. 790 233A.020 385.540

r~, ,,,.~#"" OHJ.1;:.::,

324.030

398. i50 287.041 286.284 539.637 321. 740 62JA.080 398.170 qi. 150

383.020 590.485 6 .OJO

354.594

238.080

381.290 33l.165

Pi rectory Report

Page Paqe

35 7 71 t6 42 8 29

46 l 74 if>

30 Ui 66 2

65 2 60 16 54 9 14 l2 31 14 7 12

33 6 16 5 72 16 63 I

68 z

34 ' 57 15

an i Sect ion #

3. 113-121 ~ 3750) ~ {lt} 1,0. 37l J,. 23. 2.q. 3750), (2} Ht

37t 60

371 372 l'ione 212-232, 371 3 , 5 7 , 5 8 , 375 {3). ( li} 371 37J 371

3. 122. 371, 3750). (~) 3. 251 , 3 75 { 1 L ( 2) 242 2lt8 37! None

33. 372

3, lll, 112, 3750). (\) 82, 371

3

Marlette Lake Water System Advisory Colllllfttee Marriage and family Counselor Examiners,

Board of 641A.090 9 q 3. 290-292. 371. 375(!). {2)

MedlcaJ Advfsory Board 1:1.edlccal Boards (ti t C} Hedic~l Care Advisory Group lttealth Board) Medical Exam(ners of the State oi Nevada

Board of KedlcctJ lc:tboratory Advlsory Cooml ttee Mental Hygiene and Mental Retard;ation

467.065 616. 190 422.151 630.050

652. 160 433.284

24 116

44 8

44 48

13 I )

4

e 8

371 372 None 3. 265-257~ 371, 375{1). (2}

359. 373(2) 3. 16~. 165, 3?50), (4)

285.030 67 2 Advisory ~rd 77t1e ... r---::'i:"".t'.""'·-:A--w ..... a-rd-;--:Bo~--a--rd-.. ---------------------:::-=:-=-:-:----------:c-::----------------3-7-2 __________ ·- - --

513.010 17 12 Mining Board, Advisory 37l 512. 105 17 13 MinJng Safety Advlsory Board 37l 489.160 24 13 MobHe Home and Travel Trailer Advisory J87-l93, 371

ComJs.s Ion, Nevada

Husei.,1n Boar-d of Trustees~ Nevada State nursing. State Board of Nursing Faci Hty HOOk? A:drnin-istr-ators,

Nev~a State Board of Ex.:h--.iners for Ski I led Oi.1 and Gas Conservation C(.'llffllission, Nevada Older Atnerkans. Advt sory Coomi tt-ee on Opticians, Board of Dispensing Optometry-, Nevada State Board of Oriental Kedi<:ine Advisory Ct:ll1Di ttee Odental ffedicine1 ltoard of Osteopathy, State Board of Pardons Cocmrission,ers~ St-ate Board of Park Advisory t()l!fflission, State Parole Commissio.'lers,. State Board of P.eace Officers Staildaros and Traini Coamittee Personnel Cooafs-slon~ Advisory to Pharmacy. State Board of Physical Ther.apy Examiners. State Board of Plumbing Boards. Regio."l:at Podiatry, State Boa.rd c;,f Police and Fireman's ltetirement Advisory

Committee Post-Secondary Institutional Authorization.,

Conmissfon on Predatory Anhnal and Rodent Coomlttee1 State Prl son C<Mmilssioners p Board of State Private ln~tigator•s Licensing Board Psyds()logJca1 £~iners, State- Board of Public llef~nder Se1~Honp Commiss!on

oo State PubUc. &,pfoyees• Retlremient Board Pub I Jc ~lttr Sanitarians. Board of

R~gistration for Public Service C~lsdon of Nevada Public Wofks: ~J~ct, Sta.te Racing ton.nlsslon. .. Nevada R:-ea1 Estate Advisory tOfflffliss ion. Revarla Renal l>lseas~ Advfsor-7 C~! ttee ~vlew 8oanl {~c tional Safet aod Health Revlew, ~rd of £$0 -Rural tmus•n-t Authority. Nevada State RuraJ Kanpower Services Ad\'tsory tound t

NRS Reference

361.030 632.020 654.050

522.030 427A. 130 637.030 636.030 f>JltA.100 63\A.OJO 633.020 213.0lO 407.0l] 213.108 216.135 2 -.030 &39.020 640.030 4.ftlJ.360 635.010 286.190

J91f.38l

567.020 Const. 648.020 641 .030 lS0.020

286.120 653.020

70J.Oh1 3'1l .020 fib6.030 645.050 li57A.030 618. 565

f2. 325 315.977 612.315

Directory ?ag~

3~ 9

10

16 41

5 k

3 3 s

S2 54 52 49 o7 lO 6

73 6

69

29

2i Si 15 7

50

65 n

26 63 23 25 45 if? 3~ 72 40

eport Page

~

~

5 8 -:: ., 3

n 3 3 l 9 9 ,, 2 q

3 l6 3 2

&

t ... . ., I 5 3

l5

12

lO 5 6

15 1 8

JI

14

sn i Section t

3. 89-HO. 371, 375 (JL (4} 3, 271, 272, 3H, 375(t}. (2) 3, 360-362, 3?H 1). {21

204 37~ 3. 161. 371. 375(d. (2} 3~ 27'9. 375{i). {2) 3, 177, 278 ~ 3 lt • 3 75 (! }. ( 2) 371 3, 275, 375{ l), (2} 3, 2n. 375UL t2) None 3. llf3, 371. 37S0}. {4) Mone 371 372 3. 286. 3;5{1}. (2) J, 267. 37r. 375(}}. (2} 1&1-no. 371 3, 2/6. 375(1), (2) None

3. 130. 131, 295, 300~ 313-3i7. 322. 329, 345-3s2. J1soL m

None 3. 358, 375( l}. (2) 3, 288, 289, 371. 375(l). (2) 4. 371

372 37f

None 3r 83. 84. 167-170. 37l, 3750), (4} 3. i 8 f • J 82 • 3 7 5 (I ), ( 2) 1. 355-357. Jn. 3750), <2> 371 256 372 3. 255. 375 l • {2) 3. 53-55. 375(1}, (2)

371

Savings Association Appeal Board Sheep Cotr.missioners.- State Board of Shorthand Reporters. Board of Nevada 7

Certified Tax C0f001iss ton. Nevade_ Taxicab Authorhy Textbook Commission. St.ate Veterans I Advisory Conmi ss kn. Nevada Veterinary Medic.al Examiners. Nevada

State Board of Virginia City Historic District COOl'!llssion Vocational Education, State Board for Vocational-Technical Education, Nevada

Advisory Council for Water District. Advisory Boards Welfare Board. State Welfare Division, Advisory Committee to \Jell 0ri11-ers' Adv!sory Boards Youth Training Center Advisory Board. The Youth Services Agency Advisory Board

trns Reference

673.035S S6Z.060 656.040

360.010 706.8818 390.0JO 417.150 638,020

384.040 388.330 399.030

533.300 422.070 422. ilt2 53ft. 150 210.020 232.480

Di rectory '"'eport Page Paqe

27 13 lO 13 n if

62 25 6 27 6 42 8 8 4

35 7 28 l 28 6

74 2 40 8 41 14 56 lO 38 14 38 7

(.0 lA

5 ~!,I

Bitl /!' .,,,

·" Sect ion ff

36:;-)68, 37l 3. 240, 241. 37l, 375 (I)~ {2}

3. 36.3, Wi. 37l, 11s < n .. {2)

85. 86. 212-232, 372 J. 370. 375UL (2 3¥ f29. 371. 3750}, (4} 3. 150-153; 375 {0. (2) 3, 283-285, 375(1)~ (2)

3, 124-126, 375(3}. ( li)

None 142. 3,73(2}

None 3. 154-160. 371, 375( l).12} 371 208, 373(2) 5, 373 3~ 5. 15-20. 156-160. 3750). (2)

Statement of Jomes Deere to Joint Hearing on Government, __ AHoirs •. _, February 23, 1977

Two years ago, the Arts Council proposed - and the Legislature voted - to reduce the

CounciPs size from 21 -- 11 over the next 4 years: 17 members at July l, 75; ·1 3 members at

July l, 1977; and 11 members at July 11 1979.

After Mr. Arkell appeared before the Council at its meeting kJst Ocf'ober to outline

his plan, the Council voted to speed up the process and place the appointments on lv\r .. . ~rkei!' s

proposed schedule, but they voted to maintain the reducHon at 11 members rather than the

proposed nine. The Council would be reduced to 13 members this July, as the statute now

requires, and finally to 11 members next May.

In other action the Counci I voted to recommend the appointment of the E><.ecutive

Director by the Counc i I, rather than by the Governor.

In other respects - the three-year terms, the limit of members to two consecutive terms,

and the empowering of the full council in place of the current Executive Soard, the Council's

plan was similar to Mr. ArkelPs, and should be adopted.

There wouldn't seem to be much difference between 11 and nine arts council members.

Yet when one considers the geography of the state and the many areas of the ads to be repre­

sented, it is less surprising that the council preferred to stay at eleven ..

Much of the council's job is evaluating ads projects from around the state .. When the

counci! must cover all the arts, from crafts to the fine and performing arts, including ceramics,

weaving, environmental design and architecture, painting, sculpting, public media, the dance,

folk music, symphony and chamber mu~ic, theatre and opera, the combination of council and

staff should provide sufficient· expertise to give good advice and make justifiable evaluations"

When the staff is still limited to two professional positions, the council needs to have broad

expertise in a variety of oreas. There is a better chance of this with 11 appointments rather

than 9 ..

As to the appointment of f·he Execuf-ive Director, l~re are arguments on both sides .. I\

The Director's I ife might be simpler under a gube;natorial appointment, but there's no question

but that the job - and the office - would be increasingly politicized if appointed by the Governor.

There are many who feer that the arts should be kept free of pcdisan politics .. That may explain

why the Harris Poli of state arts agencies last year showed that only 20% of the states have their

directors appointed by the governor. And in several of those states, representatives from the

arts councils ore involved in the selection process.

Another aspect ot" ~~,is goes back to the question of expertise. Ouafitv 1s one of the

fundamental elements that the council deals with .. The council may feel that on occasion -

and this does not refer to the present governor - a selection process might be f'urned from

a concern for quality to one of political expediency.

Finally, wi It not the governor have so many of these professional appointments to make

that the process will be delegated after all? Why not leave it with the councii and its special

expertise and knowledge of the field?

We have provided your committe0s with our recommendations for reorganizaHon, and

whether you would prefer to substitute our bill, or amend Mr_ Arkell's, we would urge you to

consider these two exceptions - appoi n,rnent of the Di rector by the Counci I, and the reduction

of the Counci I to 11 ..

-2- 258

'.'''.,("

,.

Members of the Government Affairs Committee. my name is Robert C. Weems.

I am a member of the Advisory Ccundl of the Nevada Employment Security

Department. I am appearing at the request of Mr. James Henderson who is

Chairman and could not be present. I am speaking on behalf of the Council

itself, not the department staff or any other group.

We are not opposing the proposed legislation. We think it has some good

features. We do, however, feel that the Advisory Council is a unique body

and should not be included in a bill of this type. We would raise some

very serious questions which we wonder have been thoroughly researched

regarding our Council and its functions.

First of all, we are a federally mandated Council. Our expenses are borne by

the U.S. not by State of Nevada. We deal with both federal and state

government and act as liaison between the Nevada department and the U.S.

Employment Security Office. Our Council is fairly typical of Councils

throughout the nation and is functioning well. We feel that to force our

Council into a common pattern for all committees could lessen our effectiveness.

Secondly, our Council has statutory authority to recommend legislation. You

will recall that two years ago we recommended to the Legislature several

changes in the law which resulted in the stabilization of the trust fund and

making our system one of the best in the United Sta To function effectively

in a situation such as this cans for continuity of membership. Had ive not

had a Board of long experience~ it is doubtful if we could have brought to you

such a straightforward recommendation representing a concurrence of management,

labor and the public. Our excellent functioning at that time and today is the

direct result of membership terms averaging well in excess of the six years

as proposed in AB 278. To recommend legislation on a continufog basis

259

-2-

requires long experience and a minimum of turnover •

Thirdly, our Board represents three segments of our economy in equal

numbers -- labor, management and the public. Experience and continued

association with other members is needed to learn to work together in a

spirit of harmony and compromise. Needless to say we do not agree on

everything. But on October 6 we passed a resolution una.nirnously ·-- I should

like to read it to you at this time.

"We be 1 i eve the terms for members of the ES Counci'l should not be

limited to two consecutive terms because:

1. The Council has a very complicated responsibility and it takes much

more time to become acquainted with all the facts necessary to

function effectively.

2. The Council is compiled of three distinct segments, i.e., those

representatives of labor, management and the public, and it is

essential that they work closely together; therefore, it is felt

that persons serving more than two terms might become more effective

communicators with one another.

3. There is an importance for continuity where the Council makes

recommendations to the Department and the Legislature regarding tax

policy and the Legislature meets only once in two years. This re­

quires continuity of serving on the Council.

For good reasons, and the unique nature of our Council, we strongly reco~nend

that the Employment Security Advisory Council be omitted from this bill.

2/23/77

260

···,-£:_~-n·M\)tJj c.) IJ AB ,Ate)

k~~AJLE.- f\j (z s ~~ t.l-

On bellalf' of the barbers of Nevada. I am. speaking to oppose the part of' A :a 278, aeotion 294 through 320 .. oovering the :Barbers Health a.net Sanitation boa.rd: and laws governing the p:eaotio.e of barbering. in Nevada. A profession th.at is one of the oldest iJ1; the world· today, a professiom that has gone throl.Ngh many ohangas, but the most noticeabJ.e changes have taken place in the paat fifteen :,ears. Moat of the Nevada barbers have been able to keep pace with the rest of the nation only beoause of the board being small in size and understanding the problems that e:xiated .. ~Thia not only helped the barbers, but the consumers has benefited as well through rules and regulations adopted by the ~oard and laws passed by· the legislature.

In 1929 the Legislature created the Barbers Health and San­itation Boa.rd to protect the public's health"" I am sure there was a need then for this board and beleive it ia more important today. The board today consists of three barber members appointed by the Governor and one member the State health officer or one member from his staff.

We beleive the very f'irs't section (294) of the pro..._,oeed bil.l to be discrimi:natory to require a. Barber Shop a.?:- a .... Z\.eauty shop to post a sign which reads •arr:, person who has a. complaint concerning any practice of an owner or employee of' a bal"'be?· shop may submit such complaint, in writing to the oommisaioner of consumer affairs of the department of oommeroel' unless all other­professions are required to do the same.

In the past two months in meetings and through correS'pondence. we have heard a great deal about aocountabili ty from tt.e o:f'fice

.. of the planning coordinator. It is our sincere belief that the hes.1th department ha.a the power at the present time to enforce a heal th r-,a·sn.ilation or a violation of the heal th law. They ooul.d work tlirou.gh• ,.the board or file a complaint with the diatriot atto~e:r~,; An::;. member of the board or 1 ts agents or a.saiB"tante shall have· ~Jlt·hoi:-~ ty to enter and inspect aDY barbershop or bFber sehool at a:nytt'ime during business hours, or at a:ay time when 1ine practice of barbering or instruction in such practice ia being carried on. The board is appointed by the Governor and may be removed for oa.uae. To change a:tJJ ruJ.e or regulation the board must comply with. the legislative procedure a.ct•

It is our belief that the present board is more eff'ecient and practical at the present time than it would be if the duties are divided bet.ween three departments as proposed., The public would llave three agencies to deal. with.

261

we are alao concerned about the :proposed budget,.. as an example we find no provisions to cover expenses for memoers if 1 t \leoo11es .necessary to hold a hearing on a violation, or per diem and travel expenae for members of the oommisaio:n. on post secondary ins,ti tu.tional authorization. The present boa.rd is financed by- the fees paid by the ba.rbera entering our profession or praotici:ag in Nevada. The citizens of this stat• are not taxed one peJ:lll1' to support this board.

The barber members of our board are appointed for a thr'ee year, ter.m, one vacancy occurs eaoh year. We are not here to protect any board member, but to try and proi:ect and keep a system that bas been working successfully for years. It is our opinion that everyo.ne wants leas government, l.ess red tape, fewer agencies to deal with. Therefore we urge you to vote NO and defeat AB-278. Thank you

262

•

By: Daisy J. Talvitia, P?"lesident

fl.mong the guiding principles that govern all League action

·whatever the issue, government policies, programs, and perfonnance

criteria:

1. Competent personnel with clear responsibilities 2. Co-ordination among agencies and levels of government 3. Jrlequa.te financing 4. Effective enforcement 5. 1/lell defined channels for citizen input and review

the belief that,

.Additionally, our principles state that the government system must be open,

:representative,. accountable, an.d responsive to al.l citizens 1-dth proteet:i.on of

individual liberties.

In line with those stated principles, the League supports certain underlying

reconnnendations that were t.he basis for development of Af3 278, while taking no

position on many of the spoofic s found in the bill. WE support:

1. The abolition of all boards and advisory bodies that have become inactive, failir1g to meet .... -a clea.r indication that they serve no usefUl purpose.

2. The attachment of all boards and a.dvisor,y bodies to an e:x:isti.ng agency so that lines of responsibility are clearly defined.

,3. The addition of the general public to a.11 boards with serious objections to having board.s dominated by single interest representation which becomes self"­serving operating solely for the benefit of the persons being regulated.

4 • the ellmilnation of requirements that the Governor e.ppoint from lists prepared by special interest groups or organizations, feeling that this approach interfere.s with the citizen's ability to judge the performance of the Governor 1iTho is expected to be responsive to the entire electorate.

5. The establishment of specific terms of office for boa.rd members w'i th the staggering of terms to assu1-e th2.t no boa.rd is suddenly co~,osed of all new members.

6. The l'."emoval of administrative authority to appoint staff and approve budget fr,om boe.r3.s whore it exists ad these functions should be considered the ultimate responsib:Llity of the Governor.,

7. 1.'b.e provision of adequ.,.t,e staff' and budget to ttl.1 boa.l'C\S a..l".l.d Aclviso:t~'l bodies to assu.re ability to perform. the functions for wh:tch they WErre established. We particularly object to pr.ovi.si,ons in which prmride i'"or m.ernbership fl;'!Or11 the genere,J. public but to provide n.nancia.1 51;1pport for attenda:nce at ri:ee"tinl:!s as has often been thi!? cttse in pi:t.st.

,.;)

0 Since the League hes not done stud.las on ma.1'.l,Y of the p:rogra.ms inclu.d:ed:

1we co!lSine our comments on specific portions of the bill to areas ,o.f part.ieular

leagne concern. These are:

(1) In m:unerous spots in the bill, we find 1.ti:nguage that creates .e,.11 L··tfe:re.nce that some boa.re members are to represent specific interests or groups. rt our belief, that whil.e it '!NJ.Y be neoessery in some instances to rn~J<e appointmnts of individuals tdth specific qualifications, the language in laH· should be sueh as to clearly indicative oi" the principle that all board. !"..embers are to serve the general publie.

(2) On page 16, lines 10 through 32. Here we find a conflict with the pron.sions on the same subject found in S.B. 153 vr.hich reorganizes administration of the programs of r1atu:ral resources, conservation, a.ntl environrnental protection. We object to the elimination of the 0 ·two representatives at la1-ge" on. line 25.

(J) On page l?, lines 1 and 2., ·we find this language ambigous and wonder if it implies special interest groups using federal lands. Since the use of federal lands impacts tl1 citizens of our state, tha seven members should be from the general publlo--not necessarily classified a.s "representative of private users of land. 0 Pri va.te use of all federal lands is not necessarily Ll'l the public interest and in some cases, may a.ctuall.y conflict with t.he public interest.

(4) Page 17, lines 3 through 12, make provisions for payment of per diem and travel allowianoes for agency representatives and public of:icia.ls but does not guarantee payment of the same expenses for t...rie citizen mewl>ers. Having ono,3 served on e State Mvisol'"J Comraittee which operated under a similar provisior., I can assure you that the ha.rd.ship involved wilJ. result i...'111 a very high absentee rate on ·thG pa.rt of the citizen members, making tho appoi.ntment of the citizen members meaningless or making it necessar~t to appoint only those citizen members that have a high income so they ce.n afford to serve.

( 5) Page 24, line 42. The League wonders why tha word, ''including :ma.rried women°• are neoessacy"' Is there a provision else"'where in law that creates doubt that, a .,married woman" is a citizen or person e.nd not recognized as hiiving right ·to make such an application? If such is the case, i.t should be found &nd corl"ected to give the married W0!"1t?Xl the full rights of citizenship, ft.::,11 recognition of being a }"J-erson.

( 6) Page 51 1 beginning ,ri:th line :,1, the membersh:ip of the State 1Dnvironment.tl CoJ.m1t..ission. This same la.:n.guage is found in s. 153:, .';;. hill which ;re,Jises the administrative structure of the natural resource and environm.ental progrruns. A flaw in both bills, particularly if S.I:. 153 passes (a.nd the Leagae does support, its passage) relates to an aclnrl.nistrathre problem which we seo being created if the board me:rrhership rari.trlns as listed here. Under the proposed new· ~j_nistrati ve :str-,1cture, the !5.sh and ga.1!18 division and the state f·orest~r divi.si.on will be placed in the same departme·nt .as t.½e division of envi.ro~~entel protection. 1"he result will be that UiO di vision adrtlxtis;trat.ors in the department will sit on the Env:tron."'.?lental Co:ri:missio-n which ~dopts the reg;ulati.ons to be enforoed by the ad.~.inistrator of e:nriro,:r,,;;."'?!:ent~l prot.ection .. ,-~'i<:i.n.g the e:nviror1:men.t.a.l protection d.ivtsion adwdnistrat.or ~,t:•··M·n,.., to th~~ other a.dJrlinlst:rat.ors. that 'the t.hree ad:ntinist:t"a.tors sh.o:uld. ·oe ort e9u.:1l m1d th.tlt it better· to resohre conflicts and est2b.Ush co-ordin.etion D1re,ct.or to which all three are respons.ible,. ~{e :re-co~and ,;;.:,,.,,,Jl., .. ~); ........ J.'.H(. th.e dire,:ztor fl.sh and game on line 34 the st.ate fore·s:t.er fired'ard'.en on line J5 with

th 1 ' ·1·• "r 1 ' • l • l• ·t' · -l fi ;appointees trom · . t1 gi0n.era .. ptu, it~. ·~'•J!e a.r..so 1,eeor:JF.enu 1.nc us10.n ~JJ?:rf; o:.L speo ..... ,c

Lr-'..n~ge establishing terms for Co:mmission members who aJ.'1\9: r.~o,t agency heads ,n.t:b the terms staggered.

(7) Page 121, ~~ through 123. We find di.ffi.eulty in interpret.i.ng this pa.rtieu1ar provision. One gets the impression th.at on certain $pacified dates, all boards 1;Till be co!li)osed totally of n:ew members. We do :not believe that to be the intent and have con.fideno.e that the Govemor will e.xarcise r('tsponsi.bla• judgment in maki.n.g a degree of re-appointments to assure so100 experienced t'1Etm'bersbip is retained in the process of converting over to specified., staggered term But we lrond~~if it would be pO$Sibl.e to provide some staggered a,::piration dates.1n .ad · :At make the intent more clear,

The League calls to your attention S,B. 219 which also deals wit.h bon::tds

and commissions in the executive d~partments a.nd which s:ome hava labelled a

sunset lm.,. We a.re ._ t.hat it is not customary fo.r the Assembly to pass

jurl~nt on Ser.ate bills prior to their deliv·e?Y to you &f'te:r Senate passage,

but since tha ttio ·bills are some"..rhat inter.relatoo t we suggest some eo-o:rdif{nation

between the Senate anrl A.stt~ly committees on the bills could prc;ve helpful.

In mrudng that .. :recommendation• however, the Lee~e wishes it to be clear t..hst we

cannot sup.port s.B. 219 in its present form. Thw.k you tor

present our ,Jr.i.ews.

oppo:rtur,.i ty to

I

.... UIQ o·cAU.AGHAN G~

STATE OF NEVADA M. DOUGLAS t,.,ULLER Ch11-lrman. i!Rl-35:!•

" ', . ' .. , .. ,,·.

.. l

J'

FR.E.P p. G ii.'JSON, Jt, S.t,·r~in.'f)' S6S•87t,J

ADVISORY MINING BOARD P.O. BOX 797

HENDERSON, NEVADA 89015

Telephone S6S~8741

November a, 1976

Honorable Mike O'Callaghan Governor of N.evada State Capitol Carson City, Nevada 89710

Re: Arkell Study on Boards & cmmuissions

Dear Governor 0 1 Callaghan:

The Advisory Mining Boa.rd met on November 6, 1976 in Reno for the express purpose of preparing recommendations to you on a State Minerals Policy~ A resolution on this matter will be submitted at a later date ..

PEcnR [£. OAU.l 329-U69

JAMES McCARn• 63$,-2~

J, M. 'R,l::'lNOU.)S 513/223'2

.KENT ROt:t:rNS S73-2:33S

HOWAllP WINN l,3$ .. '11!41

At this same meeting the Board discussed the recommendation of Mr. Arkell to abolish the Advisory Mining Board. ~rhe Board has directed me to advise you of its strong objection to Mr. Arkell's recommendation.

'rhe Board has met on ten sepa.ra te occasions since May, 197 4 in various locations in the State. With few exceptions all Members of the Board have attended every meeting and, previous to 1975, at their own expense .. Copies of the minutes of each meeting have been submitted to your office.

The Board has listened to presentatioris by Vdrious representatives of state and feder~l government agencies, private citizens and other users of federal lands. M.ore importantly, the Board has provided a forum for the mineral industry, particularly the small miner and prospector ..

NIU o·c.JI.UAGHAN Ga.\Yll'Mllt

STATE 01: NEVADA

ADVISORY MINING BOARD P.O. BOX 797

HENDERSON. NEVADA 890!S

Tc.lepbonc 56S~8141

Governor Mike o•callaghan -2-

M. l)(JU'GLAS MlllE.R Chc:hn~;:m SS2,JSJ4

FRE.O D. GHlSON, JI, St'tr'lft.:,11

5'~•Sl'1\l

Pi!ff.Jt It. G.i'U.l 329-tl(>'t

IA.MES McCAl\:lY 6:;JS.?,(;.80

J. M. Rij".i:'"NOLOS sw;i:ua

K'l!NT ROLUN:S sn-1::m

HOWARD \VL'lN 13:S..7141

November 8, 1976

The chairman has prepared com.mcnts on a: large number of environmental impact statements, \-Ji.thdraw.3.ls of federal lands and pending federal legislation, has appeared as a witnes .. s at several hearings both in and out of state and has represented the Board during the legislative session.

In short., we beJ.ieve that we have enthusiastically and responsibly performed .all of the duties (a,nd more) as outlined in the st .. atut.es, .limited only by the financial support and staff available to u.s.

The mineral industry in N~va.da i.s critically important., With the growin9 nationa.l cr .. isis in energy and strategic mine.t:al .resources, it is imperative that those resources found in Nevada be economically located, inventoried and developed in accot"dance wi-th a comprehensive minerals- policy ..

FormulnJcion and implementation of an effective minerals policy will, necessa.:rily, n~qu.ire a strong and informed representation of the industry at state· government lev~:?-1 .. The Advisory Mining Boa:rd partially ful l t.his ll.(:!'f~d ~ Acc,?s.s to id sta f.f would greatly enhar1ce its effectiveness \\l'hich pierhaps could best be, accomplished by affi.liating the B,oa.rd at staff level 1.v.ith the Department of Conse.rvation and. Natural Resou.rces.

In su:rrutrk'l.ry, the mernibers of the Advisory Mi.nin,g Hoard .recommend retention of the Board as presently constituted with sufficient add.it.i.onal funding to prm•.ride adequate secretarial and other staffing as might be requir-e1d ..

The Board would be pleased to discuss dotail with you or your staff.

matter in further

STATE OF NEVA.DA

ADVISORY MINING BOARD

Resolution

WHEREAS, the history of mining in the state of Nevada is

essentially a history of the state, and

WHEREAS, mining on the Comstock was directly responsible for

the inclusion of Nevada into the Union, and

WHEREAS, today 10% of the state 1 s gross product is produced

by 1% of the state's population which is involved in mining, and

WHEREAS, the United States of America is presently dependent

on uncertain foreign sources for many o.f its energy and mineral

requirements, and

WHEREAS, the mineral resources in the state of Nevada are

vital to the security, defense and economic well being of our

nation, and

WHEREAS, the economic development of mineral resources in

the state of Nevada is becoming increasingly difficult because

of the impact of federal environmental, land withdrawal and other

regulations ..

THEREFORE. BE IT RESOLVED by the Advisory Mining Board that

we urgently request the Governor and Legislature, in order to

promote a viable mineral industry, that t~ey formulate and impl1ament

a State Minerals Policy that will:

. ' -2-

l. Promote and encourage the retention of thr- 1872 Mining

Law. since that law is equitable to both the small miner and the

large mining firms and is well understood by both domestic and

foreign investors, and promote and encourage the retention of

the State Mining Law in its present form.

2. Increase its particip~tion in all decisions concerning

land use for mining and energy resources within the state.

3. Oppose the withdrawal from mineral entry of any land

within the state by any agency without a competent and exhaustive

mineral examination.

4. Promote exploration and mining by encouraging the

continuation of the traditiona.l spirit of cooperation at the

local level between the mining ind·ustry and the Department of

the Interior and Agriculture.

5. Provide for easy access and liaison between·state,

federal, private and industrial agencies and personnel.

6. Assume more control over the institution and regulation

of controls over air and water pollution, surface disturbance

within the state and institute such controls as are compatible

with both the public welfare and industry.

7. Encourage federal legislation which would revise the

three thousand federal laws governing the Public Lands and eliminate

those laws that are antiquated or obsolete.

8. Encourage the reduction of stat~ and federa~ bureaucratic

processes that hinder, delay or inhibit applications for leases and

patents.

-3-

9. Encourage the elimination of the Interior Boat:"d of Appeals

and encourage the facilitat.ion of direct appeal to the Civil Court

system on conflicts 'between federal land agenciee and industry.

10. Encourage the restoration of those withdrawals to mineral

entry which are no longer pertinent and promote the re-examination

of all withdrawals at not more than te:n year intervals.

11 .. Promote mining as a viable concept in the multiple use

of Public Lands administered by the Secretary of the Interior.

12. Promote federal legislation to provide congressional

oversight of Public t,and operations entrusted to the Secretary

of the Interior.

BE IT·FURTHER RESOLVED, that the legislature establish an

agency whose responsibility.will be to implement the State Minerals

·policy.

I) 102-;J-i~/ii<J/ /JlL~ilbe ·.' I/ I

L 'l-L tlc1- /fr·•·l c a i "-'

/97C-lf7J

NE-VADA IUINERS and PROSPECT()RS i1SSOCl.t\.1]0N

1872

rn~rm.DFX 604 Lander Street

Hon. Mike 0 1Callaghs.n Governor of Nevada · Capitol Building Carson City, Nv. 89701

Dear Governor O'Callaghan:

RENO, NEVADA 89503

WASHOE CH.APTER

February l, 1977

It has come to the attention of the Nevada Miners and Prospectors Association, Washoe Chapter, that the reco:mmendation has been made to eliminate the Advisory Mining Board.. It is the f·eeling of' our organization this Board has been the only means of comrmmieation between your o.f.fice and the small miners and prospectors in our State .for the past several years. Therefore., we believe it would be harmful to the mining interests of the State of' Nevada,, present and f'uture, if' th.is advisory capacity to you were dimi.nished in any way. El im.ination of this cha...""lnel o.f' comnrunication would i1!l}."Iai.r the ability of your office to assist citizens of this state who are actively involved in an industry that contributed over $43 million to the State-Treasury in the past fiscal year.

It is our rirm belief the second largest contributor to tb.e State economy deserves not only a continuing active i:roice, but a strength­ening o.f that voice. In this vein, the Advisory Mining Board should be emphasized more instead of less by increasing their budget .from the $1,SOC.OO allotted last yaar to approximately ,20,000.00. T~e increased monies would be used for travel expenses of the Board members in contacting the small miner and prospector throughout the entire State to ·oetter understand t:iei:r position ru""l.C. problems .. In a·ddi tion 1 it would assist them in their studies of' ways and means ot further exploring and developing the oil and gas industry in the State, as well as other presently unknown mineral deposits. Further, a portion o:r the increased budget could be used to hire a secretary to assist the Board in its correspondence and record keeping ..

Our organization wishes to commend you for your stand concerning the BLM Regulations and interpretation of Public Law 94-579, The Federal Land Policy and Management Act of 1976 ( commor1ly known as the Organic Act), as defined .in your recent letter to Secretary of

2?1

" .• N'EVA.DA I\'llNERS and PROSPECT'ORS ASSO(:lATI(JN

1872

l~ 604 Lander Street

Hon. Mike 0 1Callaghan Governor of Nevada Page 2 February l, 1977

RENO, NEVADA 89503

WASHOE CHAPTE:R

"'

Inte:11ior Kleppe. In this time of cri!:.1is, with the growing P1ederal bureaucracy stifling the present mining system, we look to you for leadership and support in this vital i11dustry, not only in Nevada but in tbe entire nation.

EAH!ba.r

cc: Lt. Gov. Robert Rose President of the Senate

Hon. Joseph Dini Speaker of the Assembly

M. Douglas Miller

Respectfully,

Cba.i.rman, Advisory Mining Board Nevada Miners and Prospectors Association

NEVADA MINING ASSOCIATION, INC.

PAUL GEMMILL W, H. WINN

SUITE 602 • ONE EAST FIRST STREET

RENO, NEVADA 89505

February 23, 1977 co~EXECUTIVE SECRETARIES

POST OFFICE BOX 2498

rElEPHONE 323-1515

S T A T E M E N T ....,~......,.--.-~ .... ......,.--

BY PAUL GEMMILL

ON A.B. 278

BOARD Of DllffCTORS

THOMAS M. CAI-ii Lt ORRISON M, FLAT!IERG JOHN R. HARMOt-,J DEAN D. KERR A. M. LAIRD J. D. Md'lHK J. I'. McCJ',/!THY MARK. ll. NCSBITT PAUL G, REEVE

I am Paul Gemmill, co-executive secretary of Nevada Mining Association, Inc., and an ex-officio member of the Governor's Advisory Mining Boa:&:d ..

First, I want to thank you for the opportunity afforded me to present my views which relate to the need to preserve and strengthen a Mining Advisory Board to work with Nevada government in identifying problems of the mining industry, so that Nevada will have continuing, current informatiqn needed to take an agressive stand, as suggested in my pre­vious testimony on S.B. 153 which recommends a mineral division under the Department of Conservation and Natural Resources.

With the present proliferation of environmental concerns which would blanket Nevada with the identical controls designed to restore Appalachia after decades of strip c.oal mining, Nevada miners are faced with an urgent need to have the State take a firm hand in preventing chaos. Masses of the U.S. population through media promotion would vote for making our entire State a single-purpose wilderness, whereas we know that anyone truly familiar with our State admires its mining history and realizes that fully 90% of the land area is supported by the basic industries, Mining and Agriculture.

The Governor's Advisory Mining Board, established by a Legislative Act, was quite active up until Governor Sawyer's Administration and I was a charter member of the board. It was the usual practice to meet in the Governor's office. When established, the small miner and "seed bed" activity in finding and developing future producers of precious metals was of much concern .. But, the precious metal segment soon entered a very long period of depression due to market prices being held con­stant by Federal policy while cost of production escalated .. The Board became inactive during those many yearso

Now, gold and silver prices are on the rise and many anticipate parity will be reached in the foreseeable future. Many small miners have continued work on their holdings to retain title over a 30-year period and many others are interested in starting activity in old mining dis­tricts. But right at a time when the small miner sees a favorable climate for his activity, including his ability to invite well­financed exploration, he is faced v.,·l.th certain interference due to imposition of Federal regulations. At the very least, the regulations

273

-2-

will impose serious problems which must be of conern to Nevada's gove:rning bodies.

I have tried to .present. to you a concise statement in support of establishing a lay board that is adequately financed for regular meet­ings to keep a constant flow of information to a resource agency that s:eeal<.s · .. for mining. A mining representative on a multiple use or multiple industry board will not, in my vi.ew, be able to bring together information on the anticipated problems of the ~niner.

12 Copies

12 Copies

12 Copies

12 Copies

Copy to:

Copy to:

to:

to:

to:

to:

Paul Ge.mm.ill Co-executive Secretary

Mr. James I .. Gibson, Chairman Senate Government Affairs Committee

Nr .. Patrick M. Murphy, Chairman Assembly Government Affairs Committee

V.t.r. R.. L. Reyburn, Manager Milchem, Inc.

M. Douglas Miller, Chairman Governor's Advisory Mining Board

Dr .. Vernon E. Scheid, Dean Emeritus Mackay School of Mines

Dr. Arthur Baker III, Dean Mackay School of Mines

Jl<t O'CALLAGHAN, Go\l~ANOft H Oftl>l'UJ11 Cluiirmq,,.

GO'' ~OR'S ADVISORY COUNCIL ON CHILDREN AND YOUTH

MRS. SHtRt..E:£ WE.POW

S'11ATEMENT TO

JOINT HEARING, COMMITTEES ON GOVERNMEN1r AFFAIRS

February 23, 1977, 2 P .. M., Room 131

Mr .. Chairmq.n.and members of the Committees: ('II"., ,;,,···

My name is Shirlee,Wedow.. I am eha:Lrman of the

Governor's Advisory Council on Children and Youth ..

When the Council read the recommendations of the

special study on State Boards, Commissions, Councils and Com­

mittees, we were, of course, most unhappy that our Council was

recommended for repeal .. Nonetheless, we were in sympathy with

the objective of the report and felt that if another board could

function as well, then we would not oppose such action-- pro­

vided certain provisions were made to recompense youth in the

state for the loss of their own Council.

Please note the Position Paper.

After reading A. B. 278 and finding the reference

to the Youth Services Agency Board, it is our contention that

this agency and Board are still primarily concerned with the

"minors adjudged delinquentu as referred to on page 1, Section

16, line 33; on page 6, Section 18, lines 12 and 13; on page 6,

Section 18, lines 18-23. Also in the rest of the bill-- NRS

232.420, divisions; NRS 232.470; NRS 232.500, present duties.

The added duties in Section 17 have been taken

2?S

I

I

t

Hearing-·-February 23, 1977 Page 2

directly from the duties of the Governor's Council on

Children and Youth, 233D.070. These additions seem to be just

added on to a Board's c\uties that already, presumably, require

full time attention.

It is our hope then that the Governor's Advisory

Council on Children and Youth can be retained just as it is,

If so, then, we have the necessary amendments prepared ..

If this committee does determine that this is the

only Council in the state devoted to the concerrs of all the

youth in the state and as such it should be retained, we would

urge you to retain it as it is and to recommend to the Ways.,

and Means Committee that it be funded for the next biennium,

either at the amount it was funded last session ($3,000 per

year) or at the amount that the Council had requested in its

proposed budget, which was never heard.

I have attached a copy of the proposed budget for

your information.

However, if the committees feel that 21 members are

too many (we do not and will be glad to speak to that point),

it could be amended to a lesser number, hopefully not nine,

the magic nurnber. We would also be most happy to see staggered

three-year terms provided for and a minimum of two terms per

member ..

2-15-77

POSITION PAPEH

Retention of an Advocacv G for Children and Youth

The Governor's Advisory Council on Chil and Youth, in reference to the recent s of overlappi and effectiveness of Nevada committees, conuniss.ions a.nd councils {Arkell report), wishes to go on record to express our strong feeling that a Council representing children and youth is essential in Nevada and to recommend the following points be recognized in the formation or continuation of any such Council or Board:

1. There is an acute need for one overall youth coordinating Council which representative of concerned citizens as well as various state governmental agencies, youth organizations and youth related educational, recreational and cultural groups.

2. A large amount of state funding is provided for youth diversion or delinquency programs. However?' the great majority of Nevada youth does not fit into this area. Indeed 85 per­cent of Nevada's youth are in the non-delin­quency category. The major efforts of this Council should include this often overlooked youth majority.

3. A Children and Youth Council should not be delegated to one of various divis of the Nevada yovernmental stem. This would severely restrict the inter-agency cooperation. Rather, the Council should Le administered by the Governor's Oftice.

4. Youth of Nevada should be allowed and encouraged--even mandated (as it is in the Governor's Advisory Couxil on Children a.nd Youth law, 23D.010)--to provide advice and recommendations to Nevada's policy makers on issues that concQ•rn youth. Furthermore, Nevada youth c0ncerned agencies should actively solicit youthful in to problems and con­cerns of the day. This Council should be a vehicle to actively obtain this input from Nevada's youth.

5. The success of the first Governor's Advisory Council on Children and Youth Conference

2'77

J-4 .... -77

pointed up the necessity tion s to a statewide forum to express and needs.

6. One of the Children and Youth Council•s major duties should be the coordination, communication a.nd. cooperation between all state agencies and organizations that deal with children and youth such as (but not limited to} the following:,

The Governor•s. Office Department of Education Department of Human Resources Department of Parks and Recre~:rtion Department. ,of ~abor Traffic Safety Oivision Department of Motor Vehicles De.partment of .Economic Security Department of Employment c;ecurity Drug and Alcohol Abuse Di ""1.tision University Syst.em Child Care Services P. T. A. Boy Scouts Girl Scouts Campfire Gir':s Mental He,1] tlh Ass.ociztt D.rug Abuse .Proqrams Child Care Associat Child Abuse Associations M.ent.al Retardation Association

7 firoITT!i1 las Vegas @) $90 per day 2 firoTii'& [ U:ol Ely €· $ 75 per d,,ry 4 f r·oir::11 f4!«:liirt.b&!J1es t :@! $:3-5 per day

! OJ f iro:mn Reino and ~or tlhrwes t r@ $90 per da·v 2 frt1,.)1.tA IE!lko/Ely t@1 $!25 pe.r day

/A ~- !Pois t age: 6 .. 'f e I ephc1ne t.. t1.'ltrn lfe1re1nHces and Pulbl i cat ;ons

O~HS YonJ1th !in1for11,11aU01n On rf:ctory) o. FrrtC,.11fe•.ss aona 1 Services

TOfAl.S

a-u , .... 716 ,1m1aiJi

$ 6]0. 00 150.00 l 4rO. 00

900.00 250~00

$ 400.00 350U.l0

2500.,00 1500.00

__ l-'-9_7_7_· ·-.,;;..7~8-· ~--1 ..... 9, 78-_;;l...;;9._.· __

$ 630.00 150.00 140,00

900.00 250.00

$2070~00

$ 400.00 350.00

2500 ~.09 1500 .. 00

$4750.00

$.2277 .. 00*

S 1'·40 .. 00 385.00

2500.00 lSQO. ~·O

$48-25.0,0

$]l02.00

$13,922.00

279

GOVERNOR'S ADVISORY COUNCIL ON CHILl)REN AND YOUTH

UU: O"CAlt.LACH.J\.N,, Ga•~11t:#ltNC1111t 11~~ c~,Kii,~•

~RS, SHlHLKE WEOOW

Suggested Amendmen.ts to 11\ssembly Bill 278:

1. Delete NRS 233D.010 to 233D.070 on page 120, Section 371, line 39 ..

2 .. Delete Section 17 on page 5 and 6 from line 35, page 5, through line 8, page 6.

3. Delete 0 and 17" on page 6, line 11 ..

2-16·-77 maj

280

I ? . ..,.,~, .. ,

L ,... .. ~,Iii

L.

,

232.400

and any other progrnm administered by the rehabilitation division which he considers appropriate to incorporate imo the consolidated state plan prior to submission to the Rehabmtation Services Administration of the United States Department of IkaaiJ, L:!uc26on. and Welfare .. This sub­section shall not be applicable if any federal regulation exists which pro-­hibits a (;nnsolidatcd phm.

(Added to NRS by 1973, 1387; A 1975, 68)

23:Z .. 380 Relaabmtation division: Employment of staff., The admin­istrator of the rehabilitation division of L.'le- department may employ, within the limits of legislative appropriations and puna1ant to the provi-­sions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.

(Added to NRS by 1973, 1387)

232.390 RefmbUitation diYision: Appointment of bureau chiefs; unclassified or classified sen-kc; s:afarics; duties; employment of staff~

1. TI1e administrator of the rehabilitation division of the department shall appoint, with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.

2.. The chief of each such bureau shall: (a) Be in the unclassified service of the state pursuant to the provisions

of chapter 284 of NRS unless federal law or regulation requires other­wise, in which case the chief shall be in the classified service of the state pursuant to the provisions of such chapter.

(b} Receive "-n annual salary in an amount determined pursuant to the provisions of chapter 284 of NRS.

(c) Administer: the provisions of Jaw relating to hls bureau, subject. to the administrative supervision of the administrator.

(d) Be directly rtJsponsible to the administrator of the rehabilitation division of the department.

3. Subject to the approval of the administrator of the rehabilitation dh~ision of the department, the chief of each bureau may employ. within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his dut.ies.

(Added to NRS by 1973, I 388; A 1975, 59)

232.400 Yout.h scn·iccs agency: Purposes; duties. The purpose of the youth services agency created by NRS 232.400 to 232.500, inclusive,

~ is to provide services for vouth who ::-m:::ifi~--~e ;;'''" r:· ·,: if,,,"."·,?''~'"· ""',:1r ,. ·' ~ .,.._

£i~lOfLlffi.~~ .. ~Boffi~TiP'accomplishing t1 1s purpose, the agency shall w~wit11 othe.r governmental agencies and with public and pri-vate agencies providing the same or a similar service. The agency, through the department of human resources, shail be the sole state a.giency for the establishment of standards for the receipt of federal funds in the field of

{l97S) 6925

281

232-410 STATE DEPARTMENTS

f'ahif'':Ci2Unqu~ifcy:''picventibri:"'pt~ams. The agency rds for implementation of programs aimed tmvard the uent acts of children and programs for the treatment

n. It shall assist in the development of pro­ldren whose behavior tends to kad them

gQnQie, • ...,. ;"'I Sfay .. ::.r

232.410 Youth sen-ices agency: Definitions. As used in NRS 232.400 to 232.500, inclusive, unless the context requires otherwise:

1. 0 Administrator" means the administrator of the youth services agency.

2. uAgc.ncy•• means the youth services agency in the department of hurnan re~~ources.

3. "Boa.rd'' means tl1e youth services agency advisory board. (Added toNRS by 1973,1406, 1614)

232.420 Youth senrfocs agency: Creation; divisions. l. The youth services agency is hereby created :within the de.partment

of human .resources . . ~-. The agency shall consist of an administrator and the following

d1v1s1ons; , · · ·· · 6'a),Nevada:f<i'O!J!giining center division.

(b) Nevada girls tia.ming center division. (c) Northern Nevada children's home division. (d) Southern Nevada children's home division. {e) Community services division. . (Added toNRSby 197~, 1406, 1614)

232.430. Youth scniccs agency: Appointment, qualifications of administrator* The administrator shall be appointed on the basis of his education/ training, experience, demonstrated abilities and his interest in youth services and related programs.

(Added to Nl~S by 1973~ 1614)

232.440 Youth services agency; Po~,·ers, duties of achniaistr:ltor. The administrator shall:

l. Appoint, with the approval of the director, a chief of each of the divisions in the agency. The chlef of the Nevada youth training center division shall be known as the superintendent of the Nevada youth train• ing ce11ter, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the northern Nevada chiJdren's home division shall be known as the superintendent of the northern Nevada children's home, the chief of the southem Nevada children's home division shall be known as the superin­tendent of the southern Nevada children's home and the chief of the com­munity services division shall be known as the chief of the community services division.

(1975) 6926

............

; l.,

l ' ' _ _..

n u

.... .....i

'-·.,;

4 .. .J

282

232 .. 480 STATE DEPARTMENTS

232.48tf "1/outh scn"kcs ag~ncy: AdYisor_y board. 1,. 'J11cre is 11ereby created the youth services agency advisory board,

\\·hich shaH be composed of seven members appointed by and re~ponsible to the gpvernor und serving at. the pkasure of the. governor.

2. J\kmbcrs of the board shaU be selected with special rdercnce to tl1eir ability, interest and fitness to effectuate the purposes of NRS 232.400 to 232.500, inclusive.

3. No more than three members of the board shall be residents of the same county.

4. '111c administrator shall serve as executive secretary to the board. (Added to NRS by 1973, 1615)

232.490 Youth scn;ces agency: l\1cc-tings, rules, c1u<Jrum, expenses of advisory hoard.

1. The members of the board shall meet at such times and such places as they shall deem necessary, but a meeting of the board sh~ll be held at quarterly interva]s.

2. The board shall prescribe rules and regulations for its own man~ agcment and government, and it shall have only such powers i:illd duties as may he authorized by law.

3. Four members of t11e board shall constitute a quorum, find such quorum may exercise a11 the power and authority conferred on tl1e board.

4. While engaged in official business of the agency, t11e members of the board shaU receive. the. per diem expense allowance and travel expenses provided by Jaw.

(Added to NRS by 1973, 1616)

232.500 Youm services ag~ncy: Powers and cluties of advisory hoard. The board shaH be an advisory body to the a<lrninistrator and as such shall have the following advisory powers and duties:

l ·.· .. ~;(.l,,Qec/in:formectu:rcancf:~t~t£i,!OO.in,idte.".cnur,l~tg:J?U~l~!!.1i~ ·~n¢.:;11ijn1in!!~r~uo,11:.:,c;~n~~!_1]t~~;I:lf~U]i£ats~,~E~,~Ti~~ix~~?:·;~fi' .· to, .... ~ .. ~.'.·:·1··~······:!,! .. te ... ·•··r .... :.:.·:.JJ ... t·:•~·not:~;;:9:gJ~EJ~!~.,j,ls. ~.QJJent1;.'?,J;J.,~11,~~g~~,1;o .• ,•f.·•"".·'""~i•Mi'"'"·~'~ .•. ~tJ'VlC,C$i•~ · " :.:,.,.i..,....,i~;~.:(W·JZ~"l;i;;'~ltl,~.;:~~,

"i,"··•z:" · ·ro'· advise the administrator concerning the organi7:ation and administration of the agency or any of its <livisions. The administrator shall report to the board upon all matters conc:cming the administration of his office and he shall request the ad,1cc. and counsel of the hoard on mutters concerning the policy thereof, but the ndministrator shall be responsible for the conduct and policies of lh1,,: agcnry and its administra~ tive functions. unless otherwise provided by Ia ·v.

3. To report to the governor and the kgishturc on all nrntters which it may deem pertinent to the agency and conc:"Tiing any spe.cifk matters previously requested by the governor.

4. To advise and make recommendations to the governor or kgis1a~ ture relative to the policy of the state concerning youth.

(1975) 6928

,,..,, it.

r-n•,,

\ . "

STATE DEPARTlHENTS 2.12.500

5. To advise the :adrninistrntor with respect to the prcp~iratfon and amendment .o,( any mks or regulations to give effect to the provisions of -:'.':lrnpters 210 and 423 of NRS and NRS 232.400 to 232.500, inclusive.

6. To exercise any other advisory powers necessary or rc:asonahly hnplied witJ1in the provisions and purposes of chapters 210 and 423 of N RS and NRS 232.400 to 232.500, inclusive.

7. To keep minutes of the tr::msactions of each board meeting. regular or ·,pedal, which shall be public records and filed ,vith the department.

f'. _To ado)?~ an2,.,~;~tt~ a ro am o,f ublic · ~rmation as to the ...QR&'f.a!l.Qf.A. am:l~~·DLil.iiidil

(.·\dded to NRS by 1973, 1616

TI1e next page is 7029

( 1975)

6929

284

•

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2861 i

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1. Page 2e - line 9 thru 11 - we-rd~ has been inserted instead

of shall. Does not the intent change?

✓ 2. ~2!.!. !!.~2.~.~~..h!..!.U-2.~J A_r~~l~,2 ..... ~~2,~ ... 92.Jl1:!£1~~!~~~2:1.~" Boards and Commissions to seek the1 .. r adv-tee and 1mput into th ~~r,:r.,~J"~~\'l•.~~~M'!/tllJ!W_..~~~,( ..... ~l,.~'->l>f~/o...t!~'•''""'' .,,.,..;.W,""\'l.,.i\"·~1~,,.,i,,-.1,.,l,t,~llo\ltJ:,,,;~,j.•,.,,...),l,••1'"<11.+-·,v:+•ll#,,'l,,j~l,&•~l(,~•...,~~•J<'(1,ff,i/,f~:~•/¥11'!i~

legisla.tion ? -~ut1,,uw:.1,~.,·~ .~r,;•"'"'~,,;,~..;"t.11.!i!'t~,r~

Many of the proposed Boards have a pro vis ion for gen.era1

public members on the Board, Why? (The general public members

cannot participate in preparing, condu.cti.ng or gra-ding any

examinations if exams are required for licensing.

Appointments would be a po:.J.tical thank you,)

4. Page 8? -- lines l? thru 22 -- provides that persons having

an obligation or interest in a hos:pital c.:: health services

cannot serve as a general ;mblic member on the Board, Why

was no similar quali:f1catlons placed cm general public

members for other boards?

5.

✓ Why do you (Arkell) feel that the Dep•t of Ag. Executive

D1rect,ox·s appointment would be better being ma.de solely ~i:i:ii• f,lf't1M".l'll!flM,

by the G,:,vernor rather than by the Board of f\ ,~. with the ~-',,;,. ,t~"•··r"''•·•"''"7~,'tJ\.~T:£1:'•:.li~ ~.,l,Jl'!\''l~s~J'f'i'~V,~~..---,,,,,._~'fl:k~','I>~~-, ...

consent ,:,f the Governor as now provided? (Page 76 -- line --,, , ,-1,,14,..o.Frl:M9Q<i1::.!11',11¢111~~~~r,,"(.:l~'/.:,n.\>f,'T~'/~- '

17) (Position would than become a poHtical thank you

position rathe~ than based on ability. Jack Hunters'

appointment to the Tax Commission is a beautiful example.)

6. The Board of Nevada, State Museum (Page:; 30, 31, S,:'2, 33,34, and 35) is reduced to an advisory capacity role rather than

hewing the authority to manage and control officers and the

State Museum? Does this meet .,,ri th the app:rova1 of persons

interested in the Museum?

7. The Board of '.F'ederal Public Lands is being abolished and merged

with the State Land Use Planning Council,(Pa.ges 16--line 35; Page 17 ...... lines 21 thru 29.) This would create a 24 membeir:·

.. . ""

lloard.. Would this counc~U t.heri become so u.nwieldy that~ t would have

to :fortn: s:ub-oormni tteea to properly cons1de:t" the area.a a.ss1.gtJ.ed. to it?

8. Page 49'. ... '.U.ne 50 .... The mental hyg:i.e.ne and. mental retardation. ad1rleo:t:'Y

board ta a. nine1t, ·memb01"' Board. Why do you (/1.rke'.JT) f,~el that five

m.emners of that Boa.rd should be representativ(}(J. o:f the general public'? ;

'),,:,~,{. What is the dollar savin,r~ J,!~ .. ~""'I!.~228, !.~~i!:eU:&i? ~-'fl,Qllffllll$~1~.,,.;~~~il"H~~~~

Many yea.rs of legislative work and study is being changed by this

bill tha,t doesn • t seem to have the prq.per imput 1.nto it~ ls the __ II...,.

. ·. 1•"/~'~1!~~:~~=- ,b9.:a9~~~ . ..2L~en,t b~~1..t.ol~ .• Wb.!~ .•. IY->.!~~ .. ~r.~

\I ~~~~~? A few hearings over the next couple of months

isn't going to do anything but provide opposition to the bill.

Therefore, 1 t should. be referred to an int,ermin comml ttee to repc't't

in 1979 or else plain kill the hill.

,1·~"""'''"~ ,,.lir"'·,,,r•"

• i- I"~• I,','.' I " < I •• •• • , • • J.-.,, k,-;Ji," '~ If'~ • • • ~ •

INTER .. TRIBAL c~:NCIL OF NEVADA PHONE (702) 786--.3128

98 COLONY RO.AD • RENO, NEVADA 8951,)2

To Members of the Joint Committee on Government

Good Afternoon. My name is Mary Stevens and I am speakino for Neva.da Indian Education Advocates, an association of persons inter 0 sted in issu~s affecting the education of Indian children in Nevada. Members, who are made up of representatives of Indian education committees and interested State Department of Education, Univer" s1 ty and school district personnel, meet monthly to discuss or study specific issues. In addition, a newsletter summarizing Meetings and bringing attention to other matters are mailed monthly to the attached listing.

Nevada Indian Education Advocates was formed out of the frustration of tribal leaders who have watched the inability of the State Department of Education to develop a strong advisory committee and attract a competent Indian education consultant.. NlEA members feel that the only way to resolve educational problems is by strong and constant communication with the parent committees and the development of educational resources at every tribal level.

The result of some of these efforts can be seen as you visit each school district. The numbers of Indian students in Nevada schools has increased; the numbers of dropouts has decreased to below that of the national average; and college enrollment has increased from 6 students in 1960 to over 320 enrolled in post secondary institutions this year.

There is more that can be done and to ensure continuity we feel there must be incorporation and cooperation with the State Department. At a recent meeting of NIEA, the membership present reviewed AB 278 and SB 219 and would like to recommend the fol lowing:

l. That the Nevada Indian Education Advocates be recognized as the official advisory board for Indian education to the Nevada State Department of Educat~0n until July t, 1979.

2. That the legislation re9ardinq the Indian education consultant be revised to read:

Section 126 rms 385. 465 is hereby amended to read as fo 11 ows:

l. The superintendent of public instruction shall appoint a special resource officer on Indian edu­cation. The appointment shall be approved by the State 8Jard of Education upon consultation with the Indian education committees.

2. The resource officer on Indian education shall be an Indian who has demonstrated knowledqe of the Nevada education structure; demonstrated experience workino with Indian education committees and tribal development; and demonstrated knowledge and experience in working with the special needs of Indian children attending public schools.

• · 291

Joint Comnittee on Government -2-

3. The resource officer on Indian education shall work within the state department of education, with Nevada Indian Education Advocates, and with the Indian tribes in establishing proqrams, curricula, and tE~xtbooks desiqned to Jlleet the special educational needs of Indians in this state.

4. The resource officer on Indian education has primary responsibility within the state deparbnent of education for the approval of the grantinq of federal funds authorized under the state to local school districts for meeting the special educationa·1 needs of Indians; to coordinate activities of the Fleischmann Indian Scholarship Committee; and to serve as the liason in the resolution of any problems that may arise between tribal entities and school districts.

5. The amount of $36,000. per fiscal year shall be approp­riated from the State General Fund for the purpose thereof.

Note: Section 4 as written in pendin0 bill is obsolete. The State Department of Education has not had new Johnson O'Malley funds since FY 76.

292

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to

' g:tams withlt1 Indian Co1xnt:ry. :rhe impending lagl:::11~.tlon (Jt 1 'T lHr~ IV i ::,nly

ly

No uni

:r t:ribal s ,, eithe::r

of spe~L Uzatlon frnm one a.1--ea to a:lothe r II p:rovlde z:no:nat efflclent: ex pen-

;\r~Jll'Otlld p:t·ovlde a, full th".tle pe.rs.on; to .,perfo,rm ir:d:onnat}:t)°ttal s-e:r.•vh.!tH) rw,s. '\Vll~n:· ·,. ': ,,:\~

by individuals \li'1ho advccat:ed th.i,.s group be created vvitb:itl the state goverri ...

to roUow this

The legl s latlon

$

also r:3erved to illustrate that eff·ectlve .. , leadersb.lp. develf.>pment can otlly b~::

succ.easful as an intern,aUy dir-eeted activity.. It ls thn.e to 1~etu:rn control

prng:ra:r.nming fox· Indian chUdr,et! to Indian t:tibes.

v·H·y involved hl ~seeking edu~atlona.1 prog:raxx1a i'l.nd the passage. of the

reaUty. Because ,education com,nnHtees still have the i,ame C()Ilc•:,rns as they

hnpetus of a netv.rork of

aBsocla.tlon~ It ,,,,,as also decided at that tirne to to achlevf; the

followlng gt,aJs for the assocla.tion in order to provir:ki better

.. , 3-

~ I ,,,, /'' ""\ •'\) , .. , ,, ,., · •~• , "'J'l i · d:.d.<.i, I.••'? "'' '-

. . ir

L

rnaterlals.

levels.,

4.. To a.ct as a technkal assistance bureau to indJ.vldual

:tnlttees throughout Nevada ..

groups

7 ..

Leadership dev·eloprnt~r1t ls a lengthly

support.,

J'ohr.1sO·Il .. 0 1 t11alley 7.

8.

State

1 o.

ource persons frorn. tht~11e

to attend

·r11rllan Advo.-.:acy Groups:

lI:1templar]t·~ J?rogr.ams

Otbf~Jt 1C opks to be

by rnembership

wHl LHl in to

~1"",oJects a11d Nevada Indians i.t1volved in educatlo,r,:: to pu.blicat1ons such as

* By holdlng these in.for::r:iatio1:1 iH:it:ninars in dlffen·ent locations, a specthre ol: the total EH:at.e iducn.Hoci situation. can be developed.

h1£MBl:RS

NEVADA ST:tA.TE BO~ARD OF ACCOUNTANCY ARLINGTOl'l•RIDGE BLDG. • 2.00 GO. ARLINGTON AVE. • PHONE 18!,•02.lt

RENO. NEVADA 891501

LOWELL C, BERNARD, CPA, PRESIDENT M~RIO J. I SOLA, PA, SEC. - TREAS. C. WILLIAM GEYER, CPA DANIEL GOLDFARC, CPA ALBERT G. DATTGE, PA

COMMITTEE ON GOVERNMENT AFFAIRS - ASSEMBLY BILL NO. 278

T11e Nevada State Board of Accountancy licenses and regula.tes, as of January l, 1977, 573 Certified Pu~lic Account,H1ts, and 63 Public Accountants. The membership of the ~cvada Societv () .. c (' •:'.•, r ·t ·1 i: 1· ed P 111"1 ·11· C fie(' t,i1 •·1 ·t '·'11 't C' C0 11 "' ·i s·· ts f') r. ,:7. J ~/1 CJ F t J10 , .. ,.:~ ("' l) \ ,. 1,. .. ..1 C, J, , .. . L . ,,;,, 'I..,.(. '-~ , • l"\ .. .._ ......,, t l , ,, 1.:l. ...,.,_ ..1. ...,') ~l. .... ,. .... , .l. 1 t ,,. '" . , ... , \., ··" .I . ..i. .... ::,

and the membership of the Nevada Society of Public Accountan~s consists of 60 of those PAS.

Each year for the past two years the Board has examined an average of 300 applicants in two 'ms in each year and h~s passed an average of 15% of thos~ pplicants. Each year the Board receives 20 applications for reciprocity licensing of out-of-·State CPAs, 100 applications for temporary permits to practice by out-of-State CPAs and processes an average of 15 gr1evances.

1 . Bo a.rd me m b e r s ':.: on s j s t i n g o f t hr e e ( 3 ) C PA s a n d ti,-; o (2) PAs under current statute cannot properly or

(1 de qua t e l y hand 1 e Bo a rd work 1 o ad . The Bo a .. rd needs seven (7') rnembers, educatl.;:d in acccunti11g and quali.-f i e d to (1 d m in .i st er the tech n i ca 1 aspect s and fun c t 1 on s of the Board, irlc luding:

~. qualifications for ca~didates to sit for the C ii A exam i na ti.on.

b . .::-, r :11 i d ;:: r d s a rt d e vii 1 u a t ·i on o f th c C P _1\ e x a m i n .. :.t t .L n n ~1 n d rn in i Tnu m r c q u ire men ts .

c. cv:.tluat~ion of tee ic 1 experic:1c.e 1n audit---iilg 1 attt'St funct i.,Jns and accou11t in? '.' ·. 1 d i t- .; r1 n c::, ~- ,, n ·1 'i r,. \ c · 1 r c1 p r ~ r, r' j n ·1 P ~; t o d '-""' . > .t.. ..... .:: . .:, ... ,• L. <,..t. C. ~·· , ~~ u ... ) c. •1 -~ ,/ . J.. .... ..... , I" . ,. ~ ... · ...

u p p I 1 ,:: a n t f () r l 1 c en s 1 n F, . qu :1 l fy

d. after licensing, annual continuing education required for license to practice 1 and Board must set standards and review compliance with 40 hours of continuing education each year for each li­cen~ed accountant.

e evaluation and licensing of applicants for reci­procity by CPAs from other States, which requires review of the standards under which applicant ob­tained foreign CPA certificate to determine if the out-of-State requirements were substantially equivalent to Nevada~

f. developing c:nd adopting Rules and Regulatio'!1:::; for the interpretation and administration of NRS Chapter 628 and regulation of the professional and technical standards under which licensed ac­countants practice.

g. appointing and supervising the Grievance Committee, which is charged, pursuant to NRS Chapter 628, with duty to investigate and recommend to the Board action regarding violations by lice:rtsed CPAs and PAs of Chapter 628 and the Board's Rules and Regula­tions, the Rules of Professional Conduct for the pro­fession, and all accounting and auditing standards.

h. investigation and prosecution of unlicensed persons engaging in unlawful accounting and audit activities whi~h adversely affect the public.

i. investigaticn, regulation and administration of out­of-State CPAs temporarily engaged in the practice of accounting in the State of Nevada.

2. Assembly Bill 278, Section 264, page 84, provides for a seven (7) member Board, however, two (2) members are specified as being representatives of th~ general public. Section 264 fails to set standards or qualifications for the general public members of thP Board. As such, they would not be able to properly understand the technical functions of the Board, and, therefore, would not mean­ingfully contribute to the Board's function as listed above in Paragraph 1.

3. Assembly Bill 278, Section 371, page 121, repeals NRS 628.055, which provides for Board membr s holding office for 3 years per term with a maximum of 2 terms. The e~isting provision under NRS Chapter 628 is the same af proposed by Assembly Bill 278, Section 3, page 1. Thus, AB278 offers nothing new as applied to the Nevada State Board of Accountancy as to the term of office of its members.

- 2 -

4. Assembly Bill 278, Section 371, page 121, repeals NRS 628.075. NRS 628.075 provides the procedure for appointment of new or vacant members to the Soard, in that the Nevada Society of CPAs or the Nevada Society of PAs re~ommend 3 licensees (either CPAs or PAs, depending on the vacancy) and the Governor must choose one individual from the recom­mended list of three. Repeal of this nomination pro­cedure casts the appointment of new Board members in­to the Governor's hands without the benefit of vital suggested appointees who possess the important expert, technical and mature qualifications to perform their Board functions as required under law.

5~ Assembly Bill 278, Section 375, pages 122-123, pro­vides that all existing Board me~ters terms expire on C~tober 30, 1977, and that approximately one-third of the mewhers shall be appointed for terms expiring October 30, 1978, October 30, 1979, and October 30, 1980.

Since 1960, the Board has been constituted of members s~~ving staggered three year terms, a maximum of two terms. The a.p­parent imp~rt of AB 278, Section 375, is to establish such a policy for other Boards and Commissions not currently so con­stituted. If this amendment is passed, Board members currently engaged in a heavy work load, with continuity carried over from one Board to the next, will all be lost, and complex, sensitive and technical issues will be compounded and may result in un­necessary delays and confusion. As the Board's existing law, NRS 628.055, accomplishes the intent of Section 375, this pro­vision should not apply to NRS Chapter 628, in order to avoid disruption, possible delays and confusion on the Board.

Acrordingly, it is respectfully submitted that AB278 be amended to delete the current provisions applying to NRS Chapter 628, and that lieu thereof, provisions be enacted to amend NRS Chapter 628, to provide for a 7 member Board of Accountancy consisting of 5 CPAs and 2PAs, with a PA being replaced on April 1, 1978 and all PAs being replaced on the Board by CPAs whenever the total numoer of practicing public accountants registered is 10 or less, or whenever there are no Public Ac­countants eligible or willing to serve as members on the Board, as contained in Senate Bill 126.

NEVADA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS Moiling Address;

OFFICE OF fXf· !JTIVE SECRETARY Directors:

JOHN A. GIDNEY, President One East First Street, Suite 904 Reno, Nevada 89501

2W SOUTH ARLINGTON AVENUE • RENO, NEVADA &9501 ••.ICHAEL E. COX Pi:ut Prc$ident

lfROY R. BERGSTROM, President~Elect 100 Colifornio Avenue Reno, Nevada 89509

J. GLEN SANFORD, Vice President 302 E(Ut Carson Street, Suite 520 lo1 Veggs, NevodQ 89101

DONALD L. AIKIN, Secretory-Treasvrer V111ley Bank Plaza, Suite 705 Los Vegas, Nevada 89101

TELEPHONE 78~-0231

Fenruary 23, 1977

The Committee on Government Affairs Nevada State Assembly Carson City, Nevada

Dear Sirs:

.'OHN R. SULLIS Western Nevoda 01opter

WILLIAM R, ERNST Los Vegas Ch,;.pt·er

LEONARD R. WOHI.ETZ Reno Ch<:1pter

EXECUTIVE SECRET ARY: Morgverite M. Callohon

Re: 1977 Legislature A. B. 278

The Nevada State Board of Accountancy sets standards and requirements for issuing certificates as certified public accountants and reguL:ites the professional practice of those licensed by that· Board.

There is no support to the Nevada State Boaro of Accountanc;, by the gene:.ral ft.ind of the State of Nevada. Not only is there no monetary support of the Board, but no free rent is given, not even is there any free legal work done by the Attorney General's off ice for the Boa rd. All support of the Board's operations comes ft"'Om the fees paid by the licensees, the CPA' s and PA' s who practice public accounting.

The present NRS 628.055 provides for staggered terms for the Board members. This allows for continuity c-f the actions of the Board a.nd is a good thing ..

A.B. 278 section 3, para. 1, page 1 would elim,te this. So would A.B .. 278 section 375 para. 1. (w), page 120. ~we recommend both of those items be eliminated from A.B. 278.

The Nevada State Board of Accountancy is a working boa rd and is over-burdened in terms of the number of members of the Board. A.B. 278 sections 263 and 264 would help to solve this somewhat by adding two members to the Boa ro.

However, those sections do not call for the additional members of the Board to have demonstrated any knowledge or technical competency with which to perform their duties as board members ..

The Committee on Government Affairs, February 23, 1977 Page 2

The Board of Directors of the Nevada Society of Certified Public Accountants,. through its Committee on Legislation, has proposed an answer to the need for increasing the number of members of the Nevada State Boaro of Accountancy.

Our proposal is embodied in Senate Bill 126 and was delivered on January 24, 1977 to the Senate Committee on Commerce and Labor. It would provide for an additional two members (to bring the total to seven)of the Nevada State Board of Accountancy and it would provide that those additional members should demonstrate their qualifications by being certified public accountants engaged in active practice as a certified public accountant.

We recommend the elimination of A.B. 278 section sections 263 and 264, pages 84 and 85.

The present NRS 628.075 provides ttttat our society, the Nevada Society of Cer~ified Public Accountants should give to the governor three recommendations to fill a CPA vacancy on the Board. It further provides that the governor shall make his appointment from one of those three. This provides a modicum of independence to the members of the Board and has, on at least one occasion, served a very useful purpe>s.e of showing to the public the independence of the Boan:i •

A.B. 278, secti.on 371, page 120 and 121 would delete NRS sections 628.055 and 628.075 which provide for the above. We recommend that. A.B. 278, section 371, page 120 and 121 should have deleted from them the reference to NRS se.ctions 628.055 and 628 .. 075.

In conclns ion, we recommend to you the de.let ion of the specific sections mentioned above of the A. B. 278 which relate to NR.S Chapter 628 and the passage of the Senate Bill 126 which will provide the desired results.

Yours respectfullyt

J n A. Gidney, CPA resident

Nevada Society of Certified Public Accountants

PUBLIC STATE

WORKS 'LIAM E, HANCOCK, A.I.A,

SECRETARY ANO MANAGER

•

Assemblyman Patrick M. Murphy, Chairman Assembly Government Affairs Committee Nevada State Legislature Legislative Building Carson City, Nevada 89710

Dear Mr. Murphy:

•

OF NEVADA BO ARD

• •

Kinkead Building1 Room 400 Capitol Complex CARSON CITY, NEVADA 39710 ( 702) 88SA870

February 11, 1977

IN RE.PLY REFl!:R TO BUBJl:tCT

Rll:

1977 Legislation Assembly Bill 278

Assembly Bill 278 would make certain changes in the State Public Works Board. These proposals were carefully reviewed by Lne State Public Works Board in their November 5th meeting and the Board, by motion, made the following recommendations:

1. Oppose the Report recommendation requiring the Manager to be appointed by the Governor rather than by the Board. It was the opinion of the Board that as long as it remains an Executive Board, it should retain the authority to hire and fire the Manager.

2.. Oppose the Report recommendation that members be appointed for three­year terms with a limit of two consecutive terms and recommend that the membership be appointed for four-year terms with no limitation on the number of consecutive terms except as may be desired by the Governor in making appointments to the Board.

3. The Board supports the Report recommendation of assigning the func­tions of the Regional Plumbing Boards to the State Public Works Board and has no objection to the June 30th termination date for memberships.

In making these recommendations, it was the position of the Board that a "Board" concept is preferable to a "departmentaln concept as far as public works design and construction programs are concerned. It is felt that the Board concept affords the State a greater amount of protection from problems involving the award and implementation of contracts involving large sums of money.

The Board will, of course, want to testify on this bill when the hearings are scheduled.

,l ,,,./ Ver:7f yours, > I I' ~~:,i. Hancock, A.IA

Manager

WEH:km .... • A 'l 1 s t:ate Public Works Board Members

•

STArfE BOARD C)F NURSING 1201 T,rrm:nal Wa_11. Rm. 20.'1. llnw . .!Vt-varln R9.'>0'2

STATEMEN'r ON A .B. ;og

I am ,Ji;;:an T. Peavy, Executive Secretary, Nevada Sb::1.te Board of Nursing-.

,tV t?S C 3 ). () · . i ! 1 / i , . _ .. •~~{-\'!r:_.v._/J,~-i . '.;, ,_, ,)... • v ;;:,

C</::),.::f1~l,-ldJ:.(,,/) .J-··i!' 'A....•f"./''7J--'(,' ,}

The Board of Nursing will not contest the majority of

amendments to Tille lB of NRS or to NRS 6J2. It: aJn,ady has il conrnmH."r

member and a limit of two consecutive terms.

A three year time is short, as it seems to take most boa~d

members at least two years to learn their boardsrnanship.

The change which most concerns the Board of Nursing is the

expiration of the terms of all Board memb1;:1rs at one: t irnf!. There is no

assurance that any would be reappointed. I do not t.hink lhat th.is is

the best way to serve the public - that is decisions bt~ing made by

perhaps seven persons who are newly appointed and do not know the law

or laws under which they must function.

AB 278, JOIN'!' HEARING, FEBRUARY 23, 1977, 2 P.M. • ROOM 1,31

Presentation for Employment security Board of Review by sta,nley.,,M7· iJ-:!er,

Employment Seouri ty Chief Appeals Referee 7 'f,1/- o •>

Chairmen and Committee Members, As Chief Appeals Referee, I ac·c in some

matters fo2.- th.e Employment Security Board of Review, a..'11.d I have 'been author­

ized by the Board to appear today, since tl-ie Board had scheduled very heavy

public meeting days at this time. '1'he Board members share the opinion of

the Employment Security Council that the Board of Review should be exempt

from the provisions of AB 2?8, in the same manner and perhaps !'01:- the same

reasons that the Nevada Industrial Com.mission and the Parole Board have been

exempt,

I should like to emphasize that the Board. of Review is not an advisory or

policy bo~""d. The Nevada Supre1ne Court reoognhed in B§P.rnµm va. Will,j.ams,

No. 5163, that the Board is "the highest administrative appeal body." As

such, particularly in this time of dissent, the Board is very much a work. ...

ing board. It disposes of roughly 100 cases monthly. Members must master

highly complex state and federal programs so that they oan manage this work­

load in keeping with administrative and court precedent. To handle this

remedial legislation expeditiously requires hours of daily work, reading

transcripts to prepare for day-long public meetings in Las Vegas and Reno,

so that parties may appear and present argument based on refe.rees' eviden-·

tiary hearings. Decisions must then be written. The required k.nowlad.ge,

obtained. through study and research. is not rapiclly or easily acquired. In

addition, the Board has overall responsibility for appointing and overseeing

seven referees, plus a clerical staff of about ten. The memb(:1rs remain on

call a't their- of:fices and homes when they are not in session.

It is noted that Governors have often not only hi:ld over their own appointees

but have reappointed th.e appointees o:f their predecessors. Thia, I believe,

shows recognition of the waste and impairment to the program which results

from turnover of board members who have obtained the background which is so

crucial to the continuity of the program and to the dispositiun of a very

burdensome and growing workload. It is in keeping with the historical

justification for the creation of such quasi-judicial bodies, that they

acquire bodies of specialized, close-to-the-public knowledge which courts

tend to lack.

On behalf of the Employment Security Board of Review and myself, I thank

you for this opportunity to appear before you.

Joe McClain, Chairman

Edmond McGoldrick, Laoor Member

Thomas Panos, Business Member

~·~tl6 .. uv··

c.:::::· \: ,.,.-• ' &7 NEVADA

<. ...... ,,,,,r.?"•,,,,.;. i .,,,.

Cr··fARLES S. SALAD! NO 11

STATE PRESIDENT, RENO

BOARD OF

RONALD E. BLAKEMORE SECRETARY, CARSON CITY

LANDSCAPE ARCHITECTURE

MARJORIE B. IVARY MEMBER, HENDERSON

1395 HASKELL STREET, SUITE C, RENO, NEVADA 89.502, (702) 786-2581

Fe·brua ry 22, 1977

Re: AB 278, Fifty-Ninth Session of Nevada Legislature, Government Affairs Committees of the Senate and Assembly

Dear Legislator:

The Nevada State Board of Landscape Architecture is in opposition to the recommendation of the State Planning Coordinator for abolition of the Board of Landscape Architecture, NRS 623A.010 to 623A.370.

This Board was formed durinq the last session and has operated in an efficient and productive manner since that time and we feel that sufficient time has not elapsed to make a valued judgment of this Board.

The State Planning Coordirtator recommended the legislation creating the Board be repealed because, "the link with public health, safety or welfare has not been sufficiently established to warrant statutory authority 11

• To counteract this statement, we would like to provide the following information to show the professional Landscape Architect's role in the protection of the public health, safety and welfare and the magnitude of this professional need throughout the State of Nevada. The legislative declaration noted in NRS · 623A. 010:

623A.010 I.cghhtth·c dcdara!ion. The practice of landscape archi­tecture affects the public welfare and is charged with the public interest and therefore subject to protection and regu!:nion by the state.

(Added to NRS by 1975) 1464)

brings the area of public welfare and public interest directly within the practice of landscape architecture. Probably the strongest public interests are those that directly affect health and safety, which the landscape archi­tect deals with on a daily basis, while working to find solutions for a cit­izen's use of the land,

"The concept of the public welfare is broad and inclusive. The values it repr~sents are spiritual as well as ohysical, aesthetic as well as healthy, spacious as well as clean,well-balanced as 1.-1ell as carefully patrolled" ... Supreme Court of the U.S. (Justice Douglas in Berman vs. Parker 348 U • S . 26 , 1954 )

623A.060 "Practice of landscape architecture'' defined. The "prac­tice of landscape urchitecturc'' c<:nsists of holding out to the public, and rendering. services for consultation. investigation, reconnaissance, research. deshm. prcnaratinn cf drawin~s and sr;·ccifications and super­vision ,l'v·hcre the dominant purpose of the sen ices is for the: Page 1 of 7

307

1. Preservation. enhanccrncnt or dctem1ination of proper land uses. natural land features, prnmd cover nn1 pl::mting, rrnturalistic and es.thetic vatuest natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements: and

2. Consideration and determination of inherent problems of the land relating to erosion, wear and tear, licrhting characteristics, and design of landscape irrigation. ligl1tirn:r and grading. "Practice of landscape architecture'' includes the location and arrange­ment of such tanc.ib!e objects and features as .:ire incidental and necessary to this dominant purpose, but does not include the design of structures or facilities with separate and sclf~contuined purposes for habitation or industry, whose design is normally included in the practice of arch_i-tecture or professional enrdnecriru;, ·

(Added to NRS by 1975, 1465)

This definition within the state statute brings into account associated professions dealing with the land and recognition of landscape architec­ture's broad base in the natural and applied sciences.

Landscape architecture has been a recognized profession for a hundred years. It is a professional course in some 37 of the nation's major universities. To demonstrate the public interest in the competent practice of landscape architecture, we believe it important to briefly te 11 you what 1 andscape arc hi tee ts do.

Our name itself has helped obscure our function. Most people think of our work as being advice as to where to plant the petunias. The knowledge of plants, their cultural requirements and their pl.acement are but some of the tools for our basic function. There are those who suggest we call ourselves 11 architects of the landscape11 and others urge "land architects" ..

The major function in the practice of landscape architecture is the use of land and the concern of landscape architecture is with the design and adaptation of man 1 s environment to his appropriate use. We are thus immediately separated from our related disciplines of the civil engineer and the architect. The landscape architect's function is to design the land use, to control the surface. The architect desiqns the buildings and the civil engineer plans the sub-surface and structural strength.

There are many definitions of our scope, but perhaps the United States government states it as clearly as any in its Civil Service Qualification Sta.ndards:

11 DESCRIPTION OF WORK

Landscape architects perform professional work in physical land planning and design. Based on analysis of land characteristics, operational requirements, land-use densities, and commensurate land values, they produce both overall plans and project designs for integrated land development.

The work may include: investigation, selection, and allocation of land and water areas for appropriate uses; feasibility studies; formulation of graphic and written criteria to govern land plan­ning and construction programs; preparation, review, and analysis of master plans for land use and development; production of graph"ic area plans; preparation of working drawings such as site plans, grading and drainage plans, planting plans and construction deta1·1s

Page 2 Qf 7 308

specifications; cost estimates; and reports for land development; collaboration in the design of roads, bridges, and structures with respect to the functional and esthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field supervision or inspection of land area construction, restoration, and maintenance.

These services are typically performed for national parks and park­ways, national forests, highways, recreational and resort areas, airports, multiuse reservoirs, public buildings and institutions, land subdivisions, housing developments, communities, national cemeteries, military installation, and their component areas and facilities. 11

(Excerpts from the Landscape Architecture Series, GS-807)

All Federal government work done by landscape architects falls within these standards. The U.S. Department of Labor also provides its definition of a landscape architect:

11 LANDSCAPE ARCHITECTURE (profess. & Kin.) 019.C81. community planner: land planner; site planner. Plans and designs develop­ment of land areas for such projects as parks and other recreation­al facilities, airports, highways, parkways, hospitals, schools, land subdivisions and commercial, industrial and residential sites. Confers with clients, engineering personnel, and Architects on overall program. Compiles and analyzes data on such site conditions as geographic location; soil, vegetation, and rock features, drainage; and location of structures. Prepares site plans, work­ing drawings, specifications and cost estimates for land develop­ment showing ground contours, vegetation, location of structures, and such facilities as roads, walks, parking areas, fences, walls, and utilities, coordinating arrangement of existing and proposed 1 and features and structures. Inspects construction work in prog­ress to insure compliance with landscape specifications to approve quality of materials and work and to advise client and construc­tion personnel of landscape features. May be designated accord­ing to project as HIGH~~Y-LANDSCAPE ARCHITECT, PARK-LANDSCAPE ARCHITECT"

(Dictionary of Occupational Titles, p. 411, U.S. Department of Labor)

These federal standards for Landscape Architects are noted because Nevada is 87% under federal agency jurisdiction. The magnitude of the problem here is to provide multiple use characteristics and still maintain water conser­vation, natural resource development and conservation, review energy use land demand and provide recreational space for the public. The Landscape Architect is an essential member of this resource review team.

Our surrounding states of Oregon, California, Arizona, Utah and Idaho main­tain professional registration statues for Landscape Architects. Within the 35 states with registration laws, representinq over 85% of the total popula­tion in the United States, all are based on the protection of the public health, safety and welfare.

Paqe 3 c::,,t ,9 ... ' ,.j\J .

In the interest of public health, safe~y, and welfare, it has been necess­ary for government ... municipal, state and federal ... to have adequate assur­ance that some types of work are not done by untrained or incompetent per­sons. Untrained persons cannot be permitted to design large buildings, which could fall and endanger lives and property; therefore architects must be registered before they can design. Incompetent persons cannot be per-~ mitted to design and construct bridges, which might collapse and endan9er lives and property; therefore, civil engineers must be licensed or regis­tered to practice their profession.

The public is just as intimately involved with the consequences of the in­competent practice of some landscape architects. For example, untrained persons must be prevented from designing land areas w~ich are not drained proper'1y, for poor design coula result in sanitary and health dangers to an entire community. An incompetent person could impair the usefulness of an entire area._.not to mention his client's investmrnt ... by not anticipating and preventing erosion of land, controlling excess surface water run off and guarding against pollution of water. Also, the untrained person may not be aware of the need for collaboration with other disciplines (such as engineering and architecture) in solving the total problem.

Registration and regulation of landscape architecture does promote the public health, safety and welfare in the following waysTand must continue to do so):

A. HEALTH

1. Skillful arrangement of structures and open spaces ... together with the p,uper sloping and modeling of the earth surfaces ... re­sults in adequate and healthful provisions for proper drainage, erosion control, light, air and space in general.

2. Proper arrangement of planting can provide measurable insulation from ... and control from ... and control of ... noise, heat, and dust.

3. Trees and other plants ... absorbing carbon dioxide and other pollutants, and at the same time giving off oxygen ... t;end to filter and purify the air around them~ an extremely desirable factor in our congested metropolitan areas.

4. Mental as well as physical health must be kept in mind. Pronerly designed and oriented parks and playgrounds provide respite and sanctuary from the tensions and frustrations of modern city exist­ence ... in passive as well as active recreation. The out-of-doors should be refreshing to the mind in contrast to the indoor work-a-day life.

B. SAFETY

1. Landscape Architects are trained in the proper desiqn and arrangement of use areas which hand1e both pedestrian and vehicular traffic; safety in playground design and the design of areas involving the shift of pedestrian to motor traffic, or combinations and conflicts of both. The design of such areas involves elements such as steps,

Page 4 of 7

310

walks, ramps, pools, fences, play areas and equipment, parking, ser­vice areas, points of vehicular and pedestrian access, relation of land to water areas. Because these are all points of latent accident and ·injury, they must be planned knowledgeably.

2. In highways, Landscape Architects can provide shielding from oncoming headlight glare by means of planting; the provision of adequate rest areas for tired drivers; the selection of structurally sound tree species in areas frequented by pedestrians and vehicles, avoiding trees which .. though fast growing ... are of weak and brittle wood, whch drop limbs, and which, because of shallow root systems, are suscepti­ble to blowing over in high winds.

3. The proper selection of plant species ... avoidinq the use of plants with poisonous or injurious parts ... can prevent serious injury, even death of people.

C. PUBLIC WELFARE

1. By registration laws, the public is protected against the fraudulent operations of those who claim to be landscape architects, and who charge for, but are unable to perform, the services involved in the proper practice of the profession ..

2. By skillful design, tree and vegetative cover tends to be conserved, soil areas stabilized and properly drained, and damaging erosion checked and controlled, thereby conserving the land and promoting economy.

3. In the rapidly diminishing inventory of open land still available in metropolitan areas, adequate planning becomes of increasing impor­tance and urgency in order to meet optimum human requirements of utili­ty and beauty in the land remaining. In arranging these areas with dexterity, care and imagination, the Landscape Architect creates a more relaxing, refreshing, and rewarding environment ... a valuable antidote for the daily hustle and bustle of modern life.

As stated in Paterson vs. University of the State of New York, 14 N.Y.2d 432

"The testimony at the trial established that the regulation of and practice of landscape architecture was clearly related to the public health and welfare and, as such, constituted a substan­tial basis for the declared public policy."

The highest court of New York in upholding New York's practice act for landscape architects said:

"The practice of la.ndscape architecture is recognized as the practice of a profession in this state ... and elsewhere ... as a profession em­bracing a field of highly technical and specialized know1edqe and activities 'between the professions of architecture and engineering! Such a determination I is in line with the necessity for recoonizinq in the law, as in our universities, new professions which have been called into being to take care of modern requirements of our expan­ding civilization' .... 11

Page 5 of 7

It must be keµt !n mind that, for its proper practice, the disciplin~ of landscape Architecture demands specialized skills and training. Thirty­seven accredited colleges and universities throughout the country offer degrees at the undergraduate or graduate level in Landscape Architecture, generally demanding a minimum of four years of specialized training in Landscape Architecture. Included in the curriculum are required courses in geography, art, architecture, humanities and sciences, civil engineering!l horticulture, city and regional o·•anning and design.

As in many professions, however, theoretical training is not sufficient to make the professional man. Thus, most of the 35 states which regulate Landscape Architects require a period of actual work experience ..• analogous to an internship or residencey inthe medical profession ... before permitting the licensing of a Landscap€ Architect.

It should be further emphasized that substantial amounts of public monies presently are being expended pursuant to plans and proposals of engineers, architects, and landscape architects. In Nevada, large amounts of public funds are more and more being used in accordance with plans developed by Landscape Architects in the following areas:

1. Park and recreation open space and development programs.

2. State highway planting and rest area design programs.

3. State programs for the development of beaches and parks.

4. All state public buildings.

5. Educational institutions, including the university and conmunity college program.

6. Primary and secondary schools of the State Department of Education.

The State of Nevada has recognized the nature of the Landscape Architectural profession in protecting the public health, safety and welfare because it employs professional Landscape Architects at state, county, and municipal levels of government.

!\ similar situation exists in connection with private developments. Thus, there are shopping centers, subdivisions, and various industrial and commer­cial developments in which substantial monies are involved, following plans developed by Landscape Architects,or their involvement as a member of the design team.

The American public, including Nevadans, is greatly concerned about two vital issues:

The first is consumer protection. Through the work of such controversial and widely-publicized figures as Ralph Nadar ... and perhaps the more important and more effective of ad hoc committees and organizations to protect the consumer ... the AmericanpubTic, incl udinq Nevada citizens ,has made known its feelings: they resent being cheated by services that aren 1 t \•that they are

purported to be. They are equally resentful of incompetents \t-1ho fal se1y present themselves as qualified to practice professions that have neither the education nor the experience to practice.

The second vital isue is our environment. Suddenly America, including Nevada, has awakened ... gasping for breath, thirsting for pure water, mired in man-mad,i erosion. Realizing that a continued rape of our air, our water, our land can result in nothing but mass genocide., the public is crying out. .. in no uncertain words ... for the purification and preservat·ion of our natural env·ironment.

To implement the c~nservation cf our environment, the State of Nevada needs the expertise of all trained orofessionals who have been educated to apply their specialized knowledge to the skillful development of land, water, and air for the public health, safety and welfare.

It is vital that when the state, a municipality, or any segment of the Nevada public retains the services of a Landscape Architect,that there be assurance that this person is a professional Landscape Architect ... that he can meet the rigid requirementsof education, experience, training, testing, and professional competence. There must be consumer protection, and there must be environmental protection ... for the state, for municipalities, for the general public. Leg·is­lation to protect the pub1ic without the available professionals to ·implement this legislation would not be in the best interest of the citizens of Nevada.

It is for the above reasons that we hereby request that NRS 623A remain in effect and not be repealed pursuant to AB 278.

a:~ CHARLES S. SALADINO II,

President

NEVADA STATE BOARD OF LANDSCAPE ARCHITECTURE

CSS/a1

* (ASLA) The American Society of Landscape Architects, a national organization of professional landscape architects founded in 1899 for the advancement of education and skill in the professional practice of landscape architecture as an instrument of service in the publi~ welfare.

Page 7 o .. •·· ... f4•·• .7' .. !t::. :•··:: ... ····:·. 3•u"

NEV ADA JUNIOR LIVES'rOCR SHOW BOARD UNIVERSITY OF' NEVADA ., COLLE(U!: CF AORICUL.TUhE

Honorable Mike O'C~llaghan Governor State of Nevada Capitol Building Carson City, Nevada 89701

Dear Governor O'Callaghan:

RENO, NEVADA 89~07

December 3, 1976

This letter is being written w~th regard to the Nevada Junior Livestock Show board and State appropriation (NRS 563).

In the recent study made by the Plann~ng Coordinator~ recommen­dation was made that the fun('tion of the Nevada Juni,or Li..vestock Sh . .ow Board be transferred to Agriculture Extension here at the University. It was felt by the Board that this warrantad an explanation to you and that a letter be written explaining the whole concept of the duties of the Nevada Junior Livestock Show Board.

As you know, the Nevada Jun.ior Live.stock. Show Board is appointed by the Governor from representatives of the various se.gments of thR industry and the University of Nevada. The original intent of the Law was to conduct the Nevada Junior Livestock Show and Sale for mar­ket ·animals only. Since that time, the lioard has expanded its re­sponsibilities to include breeding projects, horse programs, judging events and other educational functions pertaining to animal agricut• ture.

As a State Board~ it should be listed as educational i, nature. The State appropriation is the only money ear-marked for all youth in Nevada to sup?ort educational activities conducted by the Board. With­out funding, such activities cannot be conducted.

The Nevada Junior Livestock Show Board has the following respon­sibilities which involve 4-H, FFA and other youth in the State of Nevada:

Nevada Junior Livestock Show and Sale State Horse Show events State Fair (Dairy, beef, swine & sheep breeding) Educational trips-awards for livestock, horse

and meats judging teams

The Nevada Junior Livestock Sho~ has increased around 300% in the last 20 years in the number of exhibitors participating, and also in sales proceeds. In recent years> the Board has accepted

314

Honorable Mike O'Callaghan Page Two

December 3, 1976

the need and request from the other areas of youth education. They have been gaining responsibility for the growing need for expanded youth programs and, at the same time, have been capable of assuming these responsibilities.

The Nevada Junior Livestock Show Board supports and develops guidelines for the State Horse Program, which is the fastest growing project in the State. Breeding projects, including Dairy, have been included in the program through the Nevada State Fair. Financial support for educational trips and other educational activities has been assumed by the Board, after support from other sources were no longer available.

The Universi.ty and the Nevada Junior Livestock Show Board have a dual responsibility in the education of youth as related to animal agriculture. Under the present Law, with State supporting money, the program has been quite effective and successful. The characteris­tics of the Board enhance its operation versus any other structure that may be offered.

The Nevada Junior Livestock Show Board is in a position to ac­cept gifts and collect money from sales and events. It has estab­lished a revolving fund to take care of bad debts, or losses of animals, or spoiled meat, a~d, at times, it has borrowed money for earlier sale payments. The Board is in a position to set and enforce policies and rules according to the trend of commercial agriculture.

The development of livestock facilities at the Washoe County Fairgrounds has been a continuing project by the Board. Wash racks and portable equipment have been built and paid for from Board money. This equipment is used for all livestock events, but maintained by the Board.

For these reasons, it is felt that the Nevada Junior Livestock Show Board is the most efficient means of managing the outlined agricultural youth activities in Nevada. Members of the Board would be glad to discuss this with you personally should you feel that it merits consideration.

Thank you for your consideration.

Sincerely,

Dr. Earl Drake, President

W. C. Behrens, Secretary-Treasurer

riederick Dressler, Board Member

ED:mf

February 23, 1977

As a former officer and member of the Neva.da State Couricil

on the Arts I am appearing today with suggestions for reorganization

of ~he council as outlined in AB 278.

Sinfe its creation in 1967. the Nevada Stace Council on the

Arts has been allotting federal funds to non~profit groups and

orgard.zations· throughout Nevada in a.n effort t.o provide arts

education, entertainment, and employment: to Nevadans statewide.

Nevada State Council on the Arts is one of the few board$

and comm.issions considered in this bill whose primary purpose is to

allocate funds for proje.cts.

Because of the growth of arts programs in the state, the

increasing demands placed on the small staff by the federal government.

and the nece.ssity of all members of the council to be actively involved

in the granting of funds and the monitoring of their use, I request

that AB 278 be amended as follows to insure a bofird of manageable

size, all of whose mem~ers will actively participa.te:

Amend Section 375, subsection 3.

Terms of office for all present :nembers of the Nevada state

counci.l on the arts will expire July 1 1 1977.

Amend Section 27.

NRS 233C.030. The Nevada state council on the arts,

consisting of Hve (5) members appointed by the governor.

is hereby created.

Amend Section 29.

NRS 233C.030. L Meetings of the council shall be held

annually or at the discretion of the chairman or executive

director.

Amend NRS 233C.030 to include provision for removal of a member for

unexcused absences from meetings of the council or unt:>xc:uscd

non-performance of his duties ns a member of the council ..

Barbara J. Mello

Assemblyman Patrick Murphy Chairman, Government Affairs Legislative Building Carson City, NV 89710

Dear Pat:

2590 Oppio Street Sparks, NV 89431 February 25, 1977

Enclosed is another copy of the statement I had prepared for the public hearing on AB 278 last Wednesday~

Although speaking primarily for myself, I have consulted with present and former members of the Arts Council, people who have been active in the program since the council was formed some 10 years a.go. As you are aware, the council has been one of the Governor's more controversial boards, at least as far as the press coverage is co"'1cert1.ed -.n northern Nevada during the past two or three years. It is with t1" .LS controversy in mind and with the hope of improving the workings of the entire council for the ben,ef it of all Nevadans, not just artists, that I 'llake these reconnnendations.

I think that basically most of us agree with the reconnnendations for reorganization that Bruce Arkell has proposed. A few minor changes are needed however, and if you feel that AB 278 will not see the light of day because of the larger problems faced with dealing with the barbers, etc., I would appreciate your considering introducing the arts council reorganization as a separate bill .. The council needs to be realigned and cleaned up before it totally destroys itself with infighting and petty jealousies.

It is with the knowledge that the sole purpose of the council is to allocate funds and monitor their use that I make these recommen­dations to you.

Starting on page 7, Section 25 of AB 278, would you consider a bill proposing;

1. Following line 37: the executive director will have certain qualifications such as a background in business administration as well as a basic knowledge of the arts.

This job description is available at State Personnel. ·what we are afraid of is some future governor appointing a political hack who is more concerned with his/her own ego than for the program he/she is supposed to be directing. I have no objection to the governor appointing the executive director, this makes for a good system of checks and balance~ and if the governor has to take the heat because of actions of the director, he should have some control over the individual.

Assemblyman Patrick Murphy February 25, 1977 1-'lage 2

2,. Page 8, line /+ :. consisting of 5 members.

Rather than the 9 suggested by Arkel, five would be a more workable figure and a lot cheaper for the state to support in tern1s of travel a.nd perdiem. It is necessary for the council to meet sevt?ral times a year and for more than one day at a time to accomplish the granting sessions, review the programs already funded, make the annual plan for the federal government, and draw up new policy statements for the general running of the council.

With the present 17 member council problems exist with members who never attend meetings or show up for token appearances when the meeting is held in their area. Meanwhile, a small number of the present member­ship is carrying all the work load because the remaining people who appear do so with unread mail, 110 knowledge or preparation for the meetings, and their only concern is pushing for their f avor:i.te programs with no regard for suitability, past performances, ethics, cox~rectness of the applications, or even, in more than one case, concern ab()ut the possible illegality of an application.

However, if you and the conmiittee feel that a 5 member boa.rd is giving a select few too much power, please don 1 t go over 7 members. The cost of meetings alone makes a larger board uncomfortable.

3. Page 8, line 16. Meetings of the council shall be held annually or at the discretion of the chairman or executive director.

With the present executi.ve director, give him that much power to be the one to call meetings and who knows what would happen. Also, there should be alternate method of calling a meeting so no one person has so much power.

4. Page 123, Subsection 3 (a): terms of office of all present members of the Nevada state council on the arts will expire Juiy 1 ;7-g77.

At the present time the only way to remove anyone. from the council is by expiration of term, resignation, or death. With the few troublemake·cs on the present council who are misrepresenting their positions, usi.n.g their appointments for personal gain, and just plain mouthing off and making trouble, we really need this bill.

5. Amend NRS 233C.030 to include provision for removal of a member for non-performance of duties and unexcused absences.

I think the above statement explains thi.s too.

318

As,s:emblyman Patrick Murphy February 25, 1977 Page 3

Perhaps I took the coward's way out by resigning in January, but truthfully I feel I had to leave for my o'rim sanity. I found wo'rking with an exet.:utive dit'ector who ignored direct orders from his board as recorded in the minutes, or chose to a.ct contrary to the orders be­cauae he didn't agree,wa.s more than I could take. Especially when certain members of the council would come to his defense at meetings be,cause he "is a man and shouldn't be supervised or receive direct:i.ons from women!" or other members would complain to the chairman a.nd vice chairman in priva.te and not utter one word at a meeting and then take thei.r complaints to the press. Additionally, there are presently members who are 'Using their positions for personal fin,an:cial gain and there is not a single way to remove them even {f' proof or tne!'r actioris was documentable. Except for the thoughts of horror about what would happt~n if they all resig11ed and left the program in the hands of the zanies, the several good, honest, hardworking, c,on.cernt:d members would have left with me. Plea.se ·note I have not included any names as yet, but will supply them verbally to you if you. wish,.

l have discussed these proposals with Bruce Arkell and briefly with the governor and have their support. If you need me to tf;.stify, please call me at the house, 358 ... 0736 evenings and weekends, or at the offi.ce, 784-65 73, weekdays. 1 can be in Carson in less than a.n hour and faster if the smokies aren't looking.

Also, please don't hesitate to contact the present chairm.an .of the council, Howard Hickson. He can be rea,ched weekdays at the Northeastern Nevada Museum, Elko, phone 738-3418. Howard and I have discussed the problems that exist and are in basic agreem.ent. He is level-headed and can give you even more background about t:he troubles and wha.t is needed. If you require, he will come down to testify-­he needs a few hours travel time, but please doi1't hesita.te to call.

Tha.nks for any help you can. gbu=. At this point the future of the Arts Council rests squarely in your hands.

Sincerely,

~~ ~~ Barbara J. Mello

319

NEVADA STATE MUSEUM BOARD OF TRUSTEES POSITION

RE: Proposed change of NRS 381

The Nevada State Museum is a unique State institution in. that

is has private endowments and Trust funds and recc•dvea grants and

funds from private donors. These funds have been given to the Museum

and must remain inviolate. Control and management of these fund,.s

must be in the hands of a board that &as more than an advisory

capa.ci ty. The Board is responsible for maintaining these funds

which are private dor1ations and not legislative appropriations .. The

Museum Board must be able to set and be responsible for policy. yet

allow the professional, the director, be responsible for a.11

administrative a.reas.

1 .. The Board opposes the recommendation that the Governor

should appoint the Director. We feel that the Board of Trustees

is the most familiar with the needs of the Museum and is therefor.e

in the best position to determine qualifications that wi.11 fit

the needs of the Museum. Selection of the Director should be

completely non political. The Board must maintain the ability to

hire and fire the Director in order to establish the relationship

of Director responsibility to the Board. The position of the

Director of the State Museum should not be subject to change each

time a new administration comes into office. It has been suggested

that selection of the Director through political appointment

could jeopardize the Museum's accreditation ..

2. nte Board is in favor of establishing a. maximum of nine (9)

members but does not favor the governol.'!i appointment of board members.

The Board of Trustees of a Museum cannot be likened to Tru,stees of

other State agencies. The Museum Board should represent many

c:ommunity interests and geographical areas throughout the State.

Service on the Board of Trustees is an Jmportant means of developing --·

citizen interest in the Mus·eum and to encourage financial and

volunteer contributions. More active involvement of citizens

should be encouraged not less. The appointmen,ts should be no11-

political. The current method of allowing members to elect Truste,es

encourages the election of'citizens who are actively involved in

Musetnll activities.

321

. ' .. Changes to AB 278

Sec~89 shall now read

Sec. 89. NRS 381. 030 is hereby amended to read as follows:

381.030 /-The Nevada state museum shall be managed by a

board of trustees.:.1 1. The Nevada state m~um board of

trustees 2 consisting of nine memb'ers appointed b:y the govemor,

is hereby created.

2. The governor mat appoint trustees from

2-1.;.st submitted by a committee from ·~e pJ.emb¢r'ship at large~

3. Trustees shall be a member of the Nevada

state museum and _possess a clem.onstr:a.te'd lt;t;terest in· museum }?rograms ..

Sec 93. shall now read

Sec 93 - NRS 381.100 is hereby amended to read as follows:

381. 100 The board of trustees shall Lnave the power and

duty to manage and contral the museum offices andT establish._

policies and aqopt regulations ln non-administrative areas for

the Nevada state museum so as to attain and carry out the purposes

and objects of NRS 381.010 to 381.190 inclusive.

Sec. 96 shall now re.ad

Sec. 96. NRS 381.120 is hereby a.mended to read as follows:

318.120 L The governor shall appoint the director of the

Nevada State Museum chosen from a list· of qualified applicants :ere­

viously screened in accordance with the American Association of

Museums criteria~ T".nis list to be prepared by the Board of Trustee!

and the persons so listed shall have an advanced degree in·oneof the

sciences or history and have at least three years of high level

museum manage~ent experience.

a__. I, l1.1t11i, Jr •• ~ !lb CNDt, lchoot~

o,, l>c!ilaN o. Petttr, Vue~ UruW41llY at Nn'ldl.i .._

Jotto l, o.-i.. Al.,,,,_ ~-~ -~

H•I•• e. cu1u,11t 11"'1f1Hw CIU1c~·lfto,o&D1Mlfct

Dr. Rabin M~ IJI/HlltNr Wellhot Cottal)' ldiool DIMrf«

M E M O R A N D U M

Capitol Complex.

Canon City, Nevada s,110

Telepbone (702) IU-44t0

TO: Bruce D. Arkell, State Planning Coordinat9r

FROM: Jack A. Lemen, Executive Director ye-/ SUBJECT: Commission Recommendation For Repeal

DATE: December 13, 1976

Jae-I< A, I nr1r1, f;:xf<'llti\ir D<rrcw,

BctttarJ R. V1.dm~• rt't1tco,w111,111c,1tl1J>11,

Canr1linatm

Pntrn::ia (;. Sttr,h~ru 06kt M Om'll/t'r

First of all, we would like to thank you for your concern, suggestions, and criticism concerning the NECC and the proposcJ television network. The Commission and staff have spent a great deal of time considering your recommendation for repeal an<l its ramificatio~s on the future of telecommunications development in Nevada. Obviously, we don't agree with the recommendations for many reasons, same of which you may not be familiar with.

The study was designed to combine common program goals to achieve centralization on some boards, to combine where duplicative activities exist, to tighten responsibilities anJ authority, and to eliminate unneeded boards and those not Hctivc.

The central theme to the study seems to apply to most of the boards listed, with the exception of the NECC. We can only assume that in your memo heading the study, the statement on page two at the bottom, 11 the res.:>onsibilitics of the Board could be assumed by a line agency or another existing board," is the criteria by which the NtCC recommendation was made. This obviously ties in with the recommendation underneath the repeal recommendation, which states that we should become part of the Department of Education if our funding for the network is successful. We are confuse<l hy this rccommendat .ion, bccuusc obviously if the network is funded by the Legislature anJ we follow your recommendation. bills designed to set up an u:c type statute at the State Department of !:ducat ion level would have to be submitted in January of 1977J not after we fin<l out what happens with the network. As you know, the Department of Education has been extremely supportive of the television network, and for that matter, the u::c and the Satcll itc• prnjcct.

.. _

Memorandum to Bruce D. Arkell Page 2 December 13, 1976

To sugiest that the Board of Education statutes and man<latcs should be changed in order to abosorb the activities of this office is an extremely major problem and one that we feel is next to impossible to attempt.

On the same _page as the repeal recommendation, you also recommend repeal of the three committees involved with planning and advice to the NECC. For the record, the Nevada Legislative Communications Council was deactivated in 1970. The Nevada Educational Community Development Council was deactivated in 1973. However, the Nevada Instructional Television Planning Council has been active as long as the agency has, and has provided a great deal of input over these past ten years. Your recommendation on these three councils is the first time we have seen any reference to the fact that statutory authority is not needed by the agency in order to set up these councils. As you know, we can only refer to the Nevada Revised Statutes in reference to these authority functions.

Although I have a great deal more information to provide, I think we should list some of the concerns involved with a possible absorption of the agency into the State Board and Department of Education.

The foard of Education has the mandate to serve K-12 in this State and special vocational and gifted needs. The network is d~~igned to serve all individuals in the State, not just the K-12 students.

The Network Mana.k:er according to law (FCC an<l IIEW) has to answer directly to the licensee. This works within the policies, procedures, and regulations of the NI:CC. However, at the State Board level, that person would have to answer to the Superintendent of Public Instruction, which would not meet the criteria of the federal agencies.

We have serious concerns over the possibility that the State Board of Education conl<l not administer the nctiwrk from the standpoint of construction, long-range ten year equipment obligation, bein~ able to conduct funJ raising appeals, purties, etc.,, and of course, program insulation from the fundjng ~;ourcc.

Our agreement with the State Dcparment of Educat.ion spcl Is out the type of role that should be conducted in the operation of a television network in this country, whereby there is a certain amount of insulation in the runds and yet a ! .. 1.rcat dca 1 of involvement between the two parties to benefit the network and the State Department's activities.

The relation of the State Department with the network from the

Memoru.ndum to Bruce D. J\rkcl l Page 3 Dec c mb c r 1 3 , l 9 7 6

standpoint of the partnership is that the Department of Education will be funding a biennium grant to operate, and for that matter, constT.uct a television :1ctwork in this State. Within five years of that point, approximately $275,000 will be raised on the outside from public sources through fund raising, grants from Washington, grants from Nevada, an<l membership campaigns. We feel very frustrated frorn the stan<l­point that this information was not provided to the executive branch, as the State Department of Education is not funding all of the network operation. We would be selling out our community viewership if we attempted to fire up the television network for K-12 programming and not expect to provide programs to the community and the ~dult viewers.

I'd like to ask you to read the attachment, which is a list of activities that the Commission handles in the State an<l nationwide. The common executive bcanch thinking at the time during the budget process has been that we have worked so hard and spent so much time on the development of the television network, that this is really our only goal. It certainly is true that we have spent a great d.eal of time on th.is because we firMly believe that a lot of our activities cannot go forward without the network capability. But to suggest that itts our only activity simply implies ignorance.

The Educational Communication!, Commission is the only telccomti1unj ca­tions planning agency in t·his State. A mandate wa; ,._,rittcn in 1967 with honest, faithful intent by the Legislature and by the Governor at that time. Since then, we have provided video-tape programs to schools, seminars, workshops, Congrcssionul hearings, advisory consultancy services, and of course, planning for the television network. Because wc•vc spent such a long time on this process, and because we have considered a number of alternatives, we have always come back to the suggestion that the television network woul<l provide us with the basis by which we could expand our services.

But let's not stop there. \Ve were instrumental in the formation or many translator districts in this State. We formed the Nevada Translator District Association quite a few years af~O. vfo programmed instructional programs for school <listdc.; on Chan~el 2 in Reno. We program Sesame Street. We testify in Cvngress on the Copyright Bill, long-range funding for the Corporation for Public Broa<lcasting, the future of the Offi(:e of Telecornmunica ti ons po Ii cy in the \iyh it c House, and the fr c q u ency b at t 1 c w h i ch i s 1~ o i n J~ on n e x t ye u r i n G c n c v , i • 1>1 e testified before fWW ancl H;c concerning the Jcvc1cpr::cnt of the s ma 11 pub 1 i c r a <l i o s t at i on j n Ba t t 1 c Moun t a i n t ;'~ c v ad a . W c t es t l f i c cl an <l ass i s t e <l w i th Bo a r J m cc t i n g s it n J t h c cJ c v c l op m c n t of the Nat ion al Public Radio St at ion i r: Las Vegas. ~'Je 'vc assisted KUNR··FM in their quest ior more funds iind ;:rant~; Crom -3~5

Memorandum to Bruce D. /\rkc' I Page 4 llcccmbor 13, 197h

Washington. We have discussed incc;uitic~: in commcrt...:ial broad· casting with commercial antl cable lHoac..lcasters throughout the State. The list goes on an<l on.

If the agency is abolished, those acti,,ities w.111 cease. There is really no agency in this State that um handle the act iv it i C'.i

that we've handled in the past, and that 1• s the reason :t t was

set up in the first place. We don't f ec 1 someone can simply pull our plans off the shelf three to four year~ from now und reactivate and file in Washington. It's an ongoing process. There is ongoing planning, and of course, there arc changes whic.:h have to be made as we go along. Once again, the time is this ye a r , the money is av a i 1 ab 1 e , both St at c and F c d c r a 1 , and v ... · i t ho u 1 the Co mm i s s ion , Nev ad a w i 11 p rob ab l y s 1i p ten y cars b ch 1 n d a g n i n .

Whether or not the agency and its programs continue, the need goes on. If the executive branch feels it's foolish to continue for support or for budtet reasons, then where is planning's proposal to meet these needs? The NECC is the planning :1gency, an <l a ft er ten ye a rs , i t cc rt a in 1 y d ,;; s c r v es mo r c th an a cur so r y recommendation in the repeal <locur,wnt.

Enclosures

1\obley S. Bunn. Jr •• Ch'Ofrmrm nm.o eo11nw Sc:.bOQJDutrlct

Ot, J)onald G. Potter. VlttCla1lrm1111 Ur:dvtnlty of NeVMta, :l\a20

John J., Gambit, Nntbi1 State Departme:nt of Educatlou

Helen C, C:umon, Mlmbn Clark County Sc.boot Dk.trice

Dr. RobcrtMeQuecn, M,mba WUhoo Couxity School Diltrlet

M E M O R A N C U M

TO: Nevada·state Legislators

FROM: Jack A. Lemen. Executive Di rector

Cnpifol Complex

Carson City, Nevada 89710

Telephone (702) 885 .. 4490

SUBJECT: Governor's Agency Abolishment Recommendations

DATE: September 22, 1976

J4'1CK A. l.tmr;n C,:trtJlh'f' DlrtC1•1r

On September 18, 19 76, the Governor and the State Planning Di rector announced their recommendations for abolishment of forty-three State boards and commissions which have outlived their usefulness. Included in this report is the Nevada Educational Communications Comnission and its three mandated conmittees (NRS 398), two of which were de .. activated in 1970 and 1973.

The report suggests that many boards and commissions have not met in several years and that the boards are filled with citizens, no State full-time workers.

The NECC has met sixty times since 1967, averaging six meetings a year, and the Corrmission staff has three ful 1 .. time people. The Nevada Instructional Television Planning Councn has met thrity-five times, averaging three meetings per year.

A brief review of the NECC 1 s functions might help put our agency in perspective:

1. The NECC is the State's representative for educational telecommunications to the:

a. Federal Communications Commission b. Department of Health, Education, and We~fp~~ c. Corporation for Public Broadcasting d. Public Broadcasting Service e. National Association of Educational Broadcasters f. Joint Council for Educational Telecommunications g. National Institute of Education

I .. h. i. j. k. l.

Public Service Satellite Consortium Federation of Rocky Mountain States Western Educational Network Western Educational Society for Telecommunications United States Congress

2. The NECC is a clearinghouse for all Nevada educational media applica­tions to HEW and FCC.

3. The NECC is the license authority for edw:ational broadcasting facilities to serve Nevada statewide.

4. The NECC maintains an information flow and programming service for school districts, higher education, communities, and government.

5. The NECC has programmed public instructional materials to Northern, Eastern, and Central Nev~da for three years.

6. The NECC contracts, assists with funding, acquisition, and programming of "Sesame Street 11 on KOLO-T.V. to Reno, Carson. and twenty .. three Nevada comnunities.

7. The NECC provides audio ... visual acquisition, production, and distribu­tion statewide.

8. The NECC assisted in the formation of many local translator districts for commercial and educational telev'ision services.

9. The NECC manages, funds, and coordinates the ATS-6 and CTS Satellite programs in Nevada.

10. The NECC provides consultant services to governments, communities, schools, and individuals in all educational telecommunications matters.

11. The NECC provides production and distribution services to the legislative sessions.

12. The NECC, through its councils, provide research and development, curriculum planning and utilization of instructional materials.

13. The NECC receives grants to carry out satellite activities, prograrrrning development, and telecommunications activities.

14. The NECC represents Nevada before Congress in matters related to educational media.

15. The NECC has developed engineering, contracted, and proposed the Nevada Educational Television Network for the purposes of meeting its mandate to provide telecommunications services statewide.

The Corrrnission and staff are dedicated to ·improving the educational materials available to the State through broadcasting. After ten years of planning, proposal development, and submission, we think the agency should certainly continue and serious consideration be given to the NETN proposal.

If you need further information, please let us know.

;Ihe NBCC has been in existence since 1967. It was created by the Governor and the Legislature to provide educational telecormnunications to the people of the State of Nevada.

The NECC has expended $570,000 to prepare the educational television network plan £or federal and legislative submission.

'Ihe NECC has 5 Commissioners, 2 of which have served since 196 7.

NECC filed their FCC-HEW application in 1971. The application has had 24 amendments and 6 de.fennents.

The NECC has met 60 tjmes since 1967.

The Commission staff has .3 fullMtime people.

The NECC is the State's representative for educational telecommunications to the: Federal Conununications Commission; Departnent of Health, Education, and Welfare; Corporation for Public Broadcasting; Public Broadcasting Service; National Association of Educational Broadcasters; Joint Council for Educational Telecommunications; National Institute of Education.

The NECC is the license authority for educational broadcasting facilities to serve Nevada statewide.

The NECC has progrwmned instructional materials to Northern, Eastern, and Central Nevada for 3 years.

TheNECC contracts, assists with funding, acquisition, and programming of "Sesame Street" on KOLO-TV to Reno, Carson City, and 23 Nevada communities.

The NECC assisted in the fonnation of many local translator districts for commercial and educati.onal television services.

TI1e NECC manages, fimds, and coordinates the ATS-6 and CTS Satellite programs in Nevada. The NECC~TV Satellite program is operating with 9 sites in Nevada; presently pending is a request for program user status with NASA-NIE.

The NECC provides production and distribution services to the legislative sessions.

The NECC represents Nevada before Congress in matters related to educational media.

1he NETN has support from every educational and public entity in the State of Nevada.

The NECC has submitted 3 bills: 1. For the continuation of the NECC's activities; 2. For the continuation of the NECC~1V Satellite program's activities; and 3. For the construction of the Nevada Educational Television Network.

329

1he NBCC bas been in existence since 1967.. It was created by the Governor and the te~islature to provide educational telecommunications to the people of the·• -Staie of Nevada.

The .NBCC bas expended $570,000 to prepare the educational television network ·plan. for fede·ral and legislative submission. ..

The NBCC has S Comi.ssioners, 2 of which have served since 1967.

HBCC filed their FCC-HEW application in 1971. The application has had 24 amendments and 6 defennents ..

The NECC has met 60 times since 1967.

The Con:mission staff has 3 full-time people.

The NECC is the State's representative for educational telecomnam.ications to the: Federal Communications Conmission; Departnent of Health, Education, and Welfare; Corporation for Public Broadcasting-; Public Broadcasting Service; National Association of Educational Broadcasters; Joint Council for Educational Telecommunications; National Institute of Education.

The NECC is the license authority for ,educational broadcasting facilities to serve Nevada statewide ..

The NECC has programmed instructional materials to Northern, Eastern, and Central Nevada £or 3 years.

1.'he,NECC contracts, assists with funding, acquisition, and programming of "Sesame Street" on KOLQ .. 1V to Reno, Carson City, and 23 Nevada commtmities.

The NECC assisted in the fonnation of many local trans·lator districts for commercial and educational television services ..

The NECG manages,. funds, and coordinates the ATS-6 and CTS Satellite programs in Nevada. The NECC-'IV Satellite program is operating with 9 sites :in Nevada; presently pending is a request for program user status with NASA-NIE ..

The NECC provides production and distribution services to the legislative sessions.

The NECC represents Nevada before Congress in matters related to educational media.

The NETN has support from every educational and public entity in the State of Nevada ..

The NECC has submitted 3 bills: 1. For the continuation of the NECC's activities; 2. For the continuation of the NECC-TV Satellite program's activities; and 3. For the construction of the Nevada Educational Television Netw'ork.

Nevada Nurses/ Association DISTRICT No. l

P .0. 80,X 5558 RENO, NE'YA!JA 89505

fehruary 2, 1976

'W'l1e1·eas; l~evada :~u:-se• s A~svclat io.1 bas in t:he past .::.::.ipp,.;r~ed iturs~ reprf)se,itat ion oa th(~ :..itHte noard of Heal th m·.d,

"r~1!ereas.., l'he G,;wenor 0 f tb:~ S u.u;c of !•;'evada ha~; b~H.~h

aotif ied cf the wishes cf the Ne,.r.ada :fo:cse 1 s J\.ssociat ton on thi::; ni.atter, and

Wher~as, the Govenor has take~1 ac affirmative action, 1':• ':''t}~~r. r':Sf'{'qriin~• 0r ~!."'rH,int:i"11:.:r a 11urse t{") the ~tate Board of Heal th, -- · · · '"

Therefore, be i.t resolved that the Pres'ident of N;2vada !forse' s /,ssociation direct the President of each district to circulate a petition tJ this effect at their earliest cc,1venier:ce nrtd Gc11d it t .. t;~ the Giiver1tol"'~

~-!2SOLUTIO~-! NO. 14 :iEVADA NL'RS!!: • S ASSOCIATION CONVENTION NOVEHEE!t 1975

____ ,... __ .......... ,.,., ... ~-,....-- •·•' .. , .... ,,.,...,.,

3J1

Page,, Line

63, 35-40

Assembly Bill No. 278; Pebruary 1 1 1971

Recommended changes, additions.,, and deleti.ons ..

The Nevada oil and gas conservation comm.is:si.on, consisti:ng of

the [state engineer] direct.or of the department of energy c~:ms~rvation

ang_ management, the di.rector of the Nevada bureau of m.iues and geology

and one member who is a representative of the general publ:ic appo.i.nted

by the governor, is hereby created.

64, 39-41 The state energy resources advisory board consisting of the

cha.irman of the public service commission of Nevada, the di.rector of the

Nevada bureau of mines and geology: and [six] five members appointed by

the governor,. is hereby created.

65, 10-11 The governor shall appoint to the board [six] five members who

are representatives of the general public.

Fe.bruary 22, 1977 Respect.fully submitted

Vernon E. Scheid

• i

AX.__,

llealt:h _ ___,)

Conservation and

~atural R-esource

Environment:al Protection

Services

Youth Services Welfare

DEPAIITUE..1\IT OF

m .. 'K.~ RESOURCES

Child Care - Board

Child Care Services

A.ll.218 1 s effect on Boards and Commissions of the Department of Human Resources.

AN1--.LYSIS OF A.B. 278

Reorganized as part of S.B.194

H.ealt:h Planning and

Resources

6

Made part .of Gov. Co!!illl. to Hir,'.!' Handicapped

r------::4J

( NH-MR \ - . .

-· _A_<l_v_._B_d_._/

-----~712 Loe. & Spe\.:.

~ro.Adv.H<l.}

{ 1-..ging Services Rehabiliution Mental Hygiene- ·)

Mental Retar<latlcn

,Additional actions affecting Boards ar.d Cct::imission-have also been taken through pieces of legislation and administrative actions; these act:ions are not.ed on this chart.

IF.Et 1!'0 Df.P'AF.!'f:'f.Oil't fQ;f Hl'JlMAi.~ Fi:ESICiU_1F;(;ES ,i01i;,Jm1s • co:·l)U:S:Sli'Ci}~S, lum:.i Ci).H}f]T''Jr.E:E:S

!{<i;)i/S,lt of tlhire bo,n·d:s .Jll'llf.!\ iC(i'~ffllissfo,l!llS Jrlf!~!nin.g shoi:.tld M\ .• )3;,. :rrc lb,e gl\3!£$e~ ~nn :t:-e t:ba,.A;g.::-<l: ill:ll SOitii;e way; eit:heir tlbe nWl!!.ib,er a-f r21e.lllllbei:::s.,, s.l!'l.d in m;o.st c.,11<:S,e!$,. !i:hie •~beirship. 7.Ms :!..s ht <r:oll71.p,Uiiu.llce '!Iii.th the. ,open.ht.g se·er: . .ii..:i•'l:'l:.:E. 1:1:i cit-iaf:<ge:s in !tnoards amd icoeiiss:i,,o,ns ~re as fol.lr.:,,vs:

l. State E.m.11fromllel!l)tal C.a,m.bsion ·- S.B.153 renoves E:nvirc,iml1):l.-e.ni::al Pr-otecti:on '.Sen•·kit:$ from tbe t1i1:,,pat; 1tG:11en t ,o,f m::=an Resoure;:,a$ and the Co1nffl1i ss i\C.in tt ,s co,nuerc t; ion.

J. The St.ate Welfare '.f:k,ard - responsibil.it:,r over the Children's E!o.inr.es betng: tr.ans­feneld t\l Youth Sen•iices Advisory Board; their n"s~nd.biU.t:y nsair-d'ing ChiU Day Care bei.ng transferred to Child Care B,oard.

'-. Child care Services Policy Board - the p,oUcy pow-ers of th:,!l B:oa.rd belng removt::od a:nd gi.ven to administration ..

5. Cancer Mvisory Council - beiV-¼l repealed. ''fh.e re:sponsibHit:i.es to be tranalfer:red to State m~a.lth Division.

6. Health Facilities Advisory Council. - beine:; repealed :in S.B.194.

1. Nevada Medical Laborat.ory Advisory Co•ittee •· no s.igniftcant changes.

8. The Renal ulsease Advisory Comm:ittee - being re.pea.led. Responsibilities being transferred to tbe Board of Health.

9. Board of Registration for Public Health Sanitarians being repeal.Ed.

10. E'met:gency Med.ka.1 :S:ervke.s Advisory Com::miti:ee - be.ing retained per a federal grant; not in NBS.

11. Youth Services Agency Advisory Board - assualling the resp,oosibilit:y of N"ll'C Advi.sory !Soard. NGTC Advisory Board, Govent(ir' s Co,c:mit:tee on Children and Youth, ac.d the ChUdren's Homes responsibilities formerly with th~ Welfare Board.

l2. Youth Training Center Advisory Board - being repealed. R.eaponsibi.lities being shifted to Youth Services Agency Advisory Board.

13. Nevada Girls Training Center Advisory !-earn'! - be.i:ng repealed. Responsihiliti.es being shifted t,o Youth. Services Agency Adviso-ry Beard.

l '•. Coverno:r 's C!Ot!l!mittee on ChHdren and Youth - being repealed. Responsibilities being shifted Ito Youth Services Agency Advisory Soard.

15. Medical Care AJd.,risory Group - mo changes. Board re~uired by Title XIX.

16. Advisory Coumitt.ee on Older Americans - trll:O :significant changes.

17. Governor·' s Cotm11:it:tee on Rehabilitation - has been adm.inist.ra.t1vely d.i:sc.,·mcinued. Responsib:LUties transfer·red to Govern1;;fr's Cot::1:11.itt;ee to ~Ure Handic.appei; not in NRS.

18. D~lo~en1t:al D!sabilities Council - no si,g111lific:ant changes; not in.eluded in A.B.278; not found in NRS; required by federal grant.

19. Cover:rnorw s Ad•risory Council on Alcohol 11Jnd Drug Abuse - being repealed from NRS. but wiU be retained sdll:linist.ratively in c.,ilQpliance with the requirements of a federal g,r ... n:.1:.

22. .loie:a.l and :5:fer::ial P'rcr;;:air·:s Adlvi:s,o::y l~-•oard.s:, - ~••enbership. n;t the <t:HcScr:et:fr.i,n o·f the ,&11]::llinhrtira:tor:s. ~,Kl- '.~i:'l':S. E:a,::h f,ac, ii.Hit'.)' annv::Uc,r Jn:-,o,gra,.:; ha:s die\reh:i,p,e.di .a ll.c•c:aJ. ..;dvis,oiry ftNC•tntdl.

2:l. C,01\':J\p,riebiielnas,Ji.,.rie H:,e.alr..h Pllan:rd:.ng - b>ieiing rie·,o,rf,aniz-e1d p,er fed.er.?.]. legi.!Slat.ir.>n .a:i:; r,i1ut =if S.S. 191!..

334

Commtnton M,mbni J'oo Ft.lr:.t. Choirttluue

Yct~eton

MlKB O'CALLAGHAN. Go.1~m« (:: 'V' za. £1tOli,,:io,C~:mlt1l'tHt.llembo1

l- /'1, OA-U: 80ff.M~NT. Ditilll

Mu C. Fkisd1mann Colit,te c! As:dcutittiv:t Fut'l'K Sowl.s, Yi'-""' ChaiJ'?ffiJlt.

Fe:Uon

Ft.D.ll.ZAGA Jilp

VAHl'nEtsEN Praton

STATE OF NEVADA

STATE CONSERVATION COM?\.1ISSION

'nlOMU \V, ll4Ull\'ll', £ttc1~t/l1e Ditit't:U)r

State D¢'ir;i.utmcnt of .A:i1dcult1.1rc

'T!:D 'P. BENtil!UI. A.dmlntitl'O.fe!IT

Mil$. Rn.PA. El.iUE..N Orovada

Capitol Annex CARSON OlY. NEVADA 89~i10

Phone 885~.5414

STATE CONSERVATION CO:MMISSION COMMENTS CONCERl~ING A. B. 278 FEBRUARY 23, 1977

The State Conservation Commission was ~~eated by statute in 1973 to serve as an agency of the State. The nine (9) member non-salaried commission is the a.dmiri.istrative and coordinating body for Nevada's thirty-one (31) Conservation Districts who are charged with the responsibility to make the benefits of their resource practices, programs, and projects available to urban, suburban, and rural areas, and to give proper consideration to the conservation of the re­newable natural resources of the State.

The purpose of the Commission is to assist and guide Conservation District Supervisors and their organizations, State and local agencies, and the citizenry in planning and implementing the necessary resource management systems to bring about an improvement in the quality of the resource base, environment, and life itself. ·

After extensive review, the State Conservation Commission's position concerning A.B. 278 is as follows:

(1) 3· YEAR TERM FOR ME}1BERS

This should present no problems

(2) APPOINTMENTS HADE ON JUNE 30th -- STARTING IN 1978

This should make the administration of appointments in the various boards and committees involved in Natural Resources easier. Here againt the Commission believes this is necessary.

(3) CAN SERVE FOR 2 CONSECUTIVE TERMS ONLY

It is important to interject new ideas into any group to prevent stagnation. Here again, the Cotnt'1lission concurs.

STATE CONSERVATION COMMISSION COMMENTS CONCERNING A .. B .. 278 - cont. PG. 2

(4) VACANCY FILLED BY GOVERNOR

The present structure allows the Nevada Association of Conservation Districts (NvACD) to provide a list of names from which the Governor fills a vacancy. It is important that the NvACD has input as to who will serve on the CoUllmission. That which is suggested in A.B .. 278 was done in California --- This has put the entire status of the district movement in Jeopardy .. The Commission recommends maintaining the present method of seleccion.

(5) EX-OFFICIO MEMBERS ELIMINATED

It is important that the lay members of t11e Cormnission have the expertise now available through the two (2) ex-officio members. Both members have provided in­valuable input into the program. Therefore, the Commission requests that they be retained.

(6) DIRECTOR APPOIMTS ADMINISTRATIVE OFFICER

It is imperative that the Commission have positive input into the selection. of the Administrative Officer .. The present system provides that the Commission select three (3) candidates from which the Director selects the Admi.nistrative Officer. The Commission recommends this be maintained as presently constitute,i.

338

MEMO

NEVADA COMMISSION ON POSTSECONDARY INSTITUTIONAL. AUTHORtZATION

February 15, 1977

TU: l \ts~mb I yman Pat Murphy

FROM: ~1-in D. Anderson, Administrator

SUBJE;T\ AB 278

AB 278 proposes to place the schoo"ls of barbering and cosmetology under the regulatory oversight of the Comnission on Postsecondary Institu­tional Authorization. Owners and directors of schools of Cosmetology, particularly, have expressed a desire for this change. The CPIA is on record as neither "pro" nor 11 con 11

• If better and more effective govern­ance is attainable through this action, then certainly we will be willing to support the change.

At this point however, the CPIA is concerned with the present language of the Bill. It most certainly will not provide for better and more effective governance as now written. The CPIA operates under the statutes of Chapter 394 N.R.S. This Bill would propose that in addition to the statutes and regulations of 394 the CPIA would also have to add additional and conflict­ing statutes under Chapters 643 and 644 N.R.S. To add another level of regulations and statutes is to create an impossible situation to adminis­trate. It is our proposal that these schools come under the statutes of 394 N.R.S. and its standards {copy enclosed). Additionally, we have developed regulations interpreting the statutory intent.

Most certainly the CPIA will have to develop additional regulations pertinent to barber and cosmetology schools, but it is preferred that these come as a result of hearings with the people involved rather than to have them specified in statute under other chapters.

Attached is a copy of our proposed amendments to certain specified sections of the Bill. Additionally, there is included a section numbered 131A which makes adjustments in the fee structure statute. This would a 11 ow for a smooth ~r~,,;,s it ion of license fee charges for a 11 schools under CPIA oversight including barber and cosmetology schools.

MEI.UN D. AN!lfl<SON, Adminl'strawr • c,:srm,, \V. CuSNlN<iHAM, Clwirperson

Commission: ,\frmben.: BEll:NIE l.ENZ, Vice Chairperson. NAN(Y CUMMINGS, PENl'iY t;{OEUI, :S-OllMAN S,HIM, JIM ~A'if,()RD, WO().\')ltOW W,t.snN

STATE CAPITOL COMPLEX , '.!Of( N'.CURRY SfREET • CARSON CITY, NEVADA ><97l0 • MIONE (102) 8S'i-569i) 3~39

add an amem:tment after l ini:! 4 ...

• d a section 131A to read

SEC. 131A NRS 394.540 1s hereDy amended to read as follo,,ws:

394.540 All fees collected pursuant to tne provisions of tne Postserondary

tducational Authorizat1on Act shall be deposited in the state treasury to the

u"ectH of the general fund, and no fees so collected are subject to refund. The

fees to be collected by the Convnission sha11 accompany an a.pp11cation ford

license to operate or an agent's permit[. in accordance with the followinq

s<.:hedu 1 e:

I. The initia, application fe~ for postsecondary educational institutions

is $50.

2. The renewal fee for a postsecondary educational institution is $50.

3. The initial fee for an agent's permit is$~.

4. The renewa 1 fee for an agent's permit is $5. ).:,.

The schedule of fees for a license to operate or an aoent's permit shall be

set by the Commission after aopropriate hearinqs and by requlation.

~. 313 be amended to re:_D SEC. 313 NRS 643.172 is hereby Jmended to read as follows:

643.172 Any person. finn or corporation that aesires to operate a barber

school is subject to the statutory provisions of the Postsecondary Educational

Authorization Act tNRS Chapter 394) and the regulations of the Corrmission.

R~peal NRS 643.172 as written; add new statement above, 643.171, 643.174,

643.175, 643. 176,643.177, 643.178, and 643. 179. cc. 345 ~e amended to~

SEC. 345 NRS 644.380 is nereby amended to read as follows:

644.380 Any persGn. f~n" or corporation that desires to operate a school of

cos~etology in whi(h any one or any cornb1nation of the occupations of a hairdresser

and cosmetician are tauqht 1s subject to the statutory orovisions of the Post­

secondary Educational Authorization Act. (Nl{S Chapter 394) and the ,·egu1ations

of the Commission.

Repeal 644.380 JS presently \ff1t.':en, cdd•,no new statement above.

i::.J.'.'lt'~1Cil~l~l!{J. fU'110 .Le·tt~Ol"'S stuctenta c ioe1r AXams tnis tt 'l'--}{(i, Wl re1eronoe Lo tna or t;nie) 11?;1rw:111:1r1,:

tu .. I~ Hf.!i'V CHitl .Ll C-(HHrn DO(J:t::U.!30 D;{;; .tm .. :.t.t .. ecl • uo Q.1" ra naH ·cc, ue { :) 1.n o.tt(;/n. a:1?1::;,fU 1c1.10 ntla

on ~ha not worK exwa1nu~1ou in n1s iecter. no1,,1 t.o go co L,~H~ v on tJar~nn t:d;t1 1 t;r:u,r.:1rig

, (~t1 n(;} c ii::lJ'.1 IHl t a.f .r o I"'d"' re .... c.to tnr, ,;\\pl~:!..l 1 f th to :i,n tieUQ \II> .t.'.iiut; 3,Xl

$1'

nf':fi vdat,,e ii

ou.t or

a .. u.Ct td .. k.€1 l!s?t,C:• !',

n0 on.e i.,,J..s:no .1 .. 1::i1.; urJ

1.,. G! .f' 41-L .. tH fj 1; Utl ~:H! i,,

~::; ,~). 1f~_t1:S. !1 . .'.t l.i .f:~1'1(1

J,l l;j J , ·•· \} Ct

: .. i I

hl r:1 .ti ,rv ir.tda 1;0 ·4;.t).41:,1

l;t~Q

J .. en1 ·td'.il ~ .

'liiftlf1

~; " ~. . ~-·-

"ttdte t:h(, r.l~;ddltion­

t~he f~:iO

the vla

ed

t; t~lli,U) :t ~J Ol

itt t ()n. 011 til

ccrn.

NEVADA OF COSMETOL0<3"il 1700 EAST DESEr-n· H'fN ROAD, sunE 410

Ut8 VEGl-1.S. NEVAD.ii. 89HJ{.l

''1 .. ~ ' '"' .. :.,,

•···•·••.·,.,a~• r

.J a.n.u.ery 26, 1 977

To whom it May Concern:

'this is in regard to tbo State Bna.ic"ld of GosrnetoLogy r~t1ich

waa January 23 and c!h, 19?'7.

l was vary di sappoint.ed with. the S.t.ate Board in \<lhi eh 1 wa.s

the examinee or last weel<. l•'irst ~Jr all, it ~\!ms supposed to

have started at tii30 A.M. and didntt get started until 9:30

because one of the Board Members was late. After we finally

got started, we were allowed a certain time limit for each

thing we did arid they never did call the time. We always

went over the time limit by about 15 minutes. In doing ·the

pe,rmanent wave lrn Here al lowed 1 r_, minutes and they made every­

body ner~vous because theiy put us on the count q.mm or the, time

and when time wa.s up, tney lef't us work for another 15 minutes~

What was the idea of a count down in the fir.Jt place"!

Went out for lunch and had an hour. HaJ to oe oacK at 1:3U

to start again and one or toe ooa.rd memoers decided to go ror

.t.uncn so we nact to wait for1 tum t.o como oacK oerore we star-t19d.

~o it was ~:vu oet'ore we got going again. we then nad Lo cto

the not irons o,nct tney hali 1 O 1 rons to woT'K w1 t.n. Tne 1 r-ons

were not hot and the ha.1 r would no v 1...a1te t..O t.ae 1 rons. Wa on..ty

nad 1~ minutes ror ~ne irons.

'!'here tr1as around ttU ar,t.1aents wi r,n tneir mode.Ls ta,1ong r,ne Stnte

,tjoard anct l tal..t{€H1 to quite a rew or tne students arn.1 'tney too

were very disappointed at the way 1 r.. was r-un.. -'-ne. exa.:n,iners

were 11ery sarcas-cic, tney know tne stuctont,s W(H,e a.1J. up-t1gnt

ana nervous aoouL tne boera. ~ney ask~ct me aoout 2~ questions

tnat. ctay~ Wnen .L was doing trie· permanent waving, .!. nad three of

3~6

the examiners there questioning me, one examiner said the rod~

were too loose, one aaia they were too tight ana tne other one

asked me 11· I thought J blew i~. uut of the 25 questions they

aaked me, tt~ere t-HHJ only one question. that l couldn I t an aw-er.

After going to school for 1bOO hours and taking tne Heby Board

and had no problt>ms, l .t'eel that ir the examiners would not have

pu~ pressure and so much tension on us, we could have all done

better.

The next day was the written test which was to start at l:l:Jo,

the Board Je"'.!embers did not get there until 9 :00 and she had to

sort out the tests and we did 1nt get started until 9:JO<I!

rne students that took tneir 3tate Hoard feel that Nevada could

have better jjoard i"iembers than what they got.

I don't want to jeopardize my licenso so therefore 1 run withholding

my name.

affi'ant XXXXXXXXXXXXXXXXX

states as

stude•nt o C

t ir .. e 1 C':1 r 01. in

That at no ti.uric

an

.TJ1at

or dntr-5.ng

in the St~: e of Cali

1" ,,

c:c or

L \.~

' . E~nro Lr n

of:;:. s et\'ill~., C::

Coll of

:...c1.

i 1. a · t

CCS3 t6

a.pd, al uo time have I

,.~":"·:•? , ... .,1,...,, ',. r.. ,('.:. Ii

. . ;?'' STATE OF NEVADA

'~wif ~ .. ·.1 .. ~ STATE BOARD OF COSMETOLOGY v . /f \. 1700 EAST DESERT INN no,~o. SUITE 410

LAS VEGAS, NEVAD/1, g910~.

TELEPHONE 36f:i·(>l55

Application for f..'xamination/or hv RcciprocitJ1

Jla.irhrrnnrr auh nntttrtirian Af'PLICATION ~H: - NONREFUNDABLE Send cashier's check or money order only with application. Cash or pcrson::tl checks not ace ::ptcd. Application for Swden.t examination 1nust be accompanit:d by a frc of fifkcn ( $15.UO) th>llars (plus. ~§f)'!):-00 examination fee).

Application for reciprocity must be· accompanied hy a fr'": or forty (540.00) dt1ll.1rs.

Two (2) photographs must be filed with •his applicatfon, size 11,2 x Jl/2 inches.

~r t:fic ... rte- 6'.~-tl?e:!-ffi-mnst'"be-£.te~b-t~i~)n. Before starting to fill out application, read the entire form carefo;)y.

f hereby NZiU~e applicatiinl for n"tificate of registrotion and lic:·nsc tn enp,age in the practice vf the occupation of hairdresser mul n>smtticiti11 (Wd fJ/U.h,.:.••f to th1 provisions oj ,11c lmvs uf N('vada, C'lwpr<·r :! /8, Stcitr,ft•s ,-)j 1931, rrques! admissi(m to cxc.mmation ta (frrami, .. ~ 111v jiw,·ss t,1 recei\.'c such registratiun and license. I here• n1ith enclose the pn'.H.rif,l'd /t·'i' and suhmif the joUowin::; sr.ih1111.•.1ifr; awl ru1.-,1rer, i11 (Jt1cstions, as to .my qualifica­tions, vcri.fied hv n1_'\: oath:

I ~- Full name (print or typewrite) S.S. No.··-··-··.,------

1 -- Street and Number City of .. _______ ,,_ ··--·· .. ·--··-·--··---'--~-

TC"leplwnc i'~o.

:\ .. _ Date (if birth: MONTH,

4 •- If born outside of United .Stat~·:~, arc yon a ,:itizcn of U.S.? ( An'>wcr · nr "no ) ..

5 I completed the ___ .. __ ___ in grade scho1Jl . ... in liirh ~c;Hh)l ( Photowpy rittached)

6 - Pi:ri.·nd of rcsid.:ncc in Nev,1da (indiotc years and m1nths)

7 - I have resided in the foHov.:ing Nevada cities. during the :i,·c~irs named·

EXPERIENCE

8 - I have acl.ually •. ngaged in the practice of the occupati~m of h:1irdrc-;s:cr and c0~mctician for a period of

--·· .. ---~----••"• .. --····--.. -----·- year or years pri,..r to the date of rnaking this applic:1tinn :lnd hav·t' pncticcd the '.fo}­

Jriwing branches of cosmetology:

( CHECK FACH OF THE BRANCHES WHJCH YOU HAVE PRACTICFD)

[J Hairdressing I·hir Cutting

O Curlin& Styling Pcrm::mcnt \\·;wing Finger waving Pedicuring

' I hir hL::1ching t Llir tmting

hair

Hair coloring 1 ·;1ci~ll m~i:"\Saf!e \\ \Llnicuiing S:rnit~i!i()IJ

-i. Has <·omplt~t{~d t hi" 1/Jt h g--radt' in ',\'hon! or its f>quivalem.

5. Has had a:1y one of thP fol!oY. mg: f2' Pr::1ctie:t! rraming- nf at !,•ast :F,O hours

ex:t<"nt!ing- ovo:•:- a pt•rivd of not lf•s::; than :l months

undr·r the immed1: tt• :--uptin iswn of a liet>n~;t•d instructor in "'· lirPnst·d q·hrn.Jl in whid1 th,' practkc 1s taught.

! b) Prartice in manicuring for a period of 1 yPar out:.:.ide the State of NPvada.

1 Added to NRS by 19f.i0. 312; A lHl'i:3, 271)

G44.2i0 Applicntforrn for examination. appl1<:ation for admission to i':<amina­

tion, and t::-very applintion for n·gistration as a hairdn•s.s(•r and 1·osnw1 ie1an. or in :1nv hran('h of cosm(;tology. shaU !w in \~·riti;1,( (,n form~ pn·parc>d anCl fHrnish1•d by the hoard.

2. E:,ch :1ppli('at1,,n :,;.hall lw :l,C(1mpa11i,·d h_v thi• required fee, and shalt contarn proof of the qualifi('ations nf ! h,· applicant l,1r e,:;urnnat ion for n•gi::.;trat ion 1t sh:dl b,) vnifi<•d l,v ( ht· ••:tl h (,f t };('

applicant.. Ci::W,:19:H: rn:n ~:u, si P'li'.2.0(\i

f.144.220 F.xa.mination fees and chargeH.

1. Thi, amounts of t !w (•xaminat ion fN•s ar1<l n•­PXarninat inn fees rt>quired by thi-; .-haf•tl•r art­th(i';f' fixPd by the folinwing ~.('hrduh·:

!al Tht! fet'. fnr examination as a h:iirdn·ss,·r and C'osmetician is $15. Ttw fvl' f,!l' each ree:.;arninatiun im1-wr than a se('ond ,·,aminatinn. fm· -.~ hKh no fi•t• sr,a1! be cnaq4Pd) is $5.

1 h1 Th\:' ft•e for cxaminat ion ,b an elw·J rologist is $15. The fe1> r'ur <':tch n·examination lotht•r th:1n a

· 18 ·

Sl'cnnd PX:aminat 10n. for which no fee shall hr­c:hargedJ is $7.(JU.

kl Th0 fi't! for E!Xamination as a m:rnirnrist is $10. The f,'(' for each rt'.i•xarninalion (other than :1

sernnd 1•xamrnatlnn, for which n•1 fee ;;hall be d1ar,1!,NI) is $'.?.50.

'.!. Each applicant n•forred to in subi:.ection shall, in addition to the fePs specified tlu~rein, pay to I he board thP n•asonablt> value of all supplies n1·ct:--s,1ry to be used in Uw examination or examinations.

d'art i;J:218: Hl:31.; A W:l3, 2.:37; 1939, 242; 1953, liir>) (NHS A l~H.;O, a1:>.)

G-14.230 Exruninatiom,~ Subjects and conduct of (ixa111ination1-;. All examinations of iipplirants:

1. Shall indudt> both prrwt ical demonstrations and written or nral tPsts, t:"'XCPpt whon~ othcr-\vise pr.Jvided in this d1apU•r,

:~. Shall nr,t be <'Hnfined to any sp1'('ial systr.m or nwthod.

:{. Shall h(• rnnsi~,t ent. in hot h practic;ll and U•d\11;,•;tl rf>qllin•nwnb :rnd of sut'ficiN1t thorough­rtf•s,, 1o satisfy th•.' hoard as to the applicant's skill i n , and k n ow I e d gt' of. ttw pr a(' t ice of the occuµation or oe(·upatinns for which ~l l~ertificat.e of rt'f-:i-;t rat i1in is soul'.ht.

1Part K:'.:'.lX:HiJl: A l!l:l:3. :2:J7: lH:37, 80; 19~H NCL ~ 1 :<•62.()';)

6,n .2-10 IfairdresHcni and cosmeticians; Scope ot ('Xamination.

1, Lxamm:1ti11ns i.-ir certificate~ of registratiorl' an hairdre..;;~ers ;H,d rosrnpt irians ~hall in dude:

(al Pr,1dit':li ch•rnonstrations in

- i9 ·

~ ,· r

} .;.~.

NEVADA. STATE B()AJ:{I) C)P OP1:1C)M.:E1~RY 3201 :nnm MARYLAND PARKWAY LAS VEGAS, NEVADA §f.~ 89109

ROl3ER1' 'T, MYe::ms. 0.0. PRli:SIOliNt

JOEL G. AOL.ER, 0.0. VICE F'TH!$10ENT

MAf~VIN M. SIWWAY, O.D. (il'i:CRF.TARY,Trn:Al:lUR!rn

February 2{i, 1977

Mr. P. at Nurphy Chai:r.man Governmcmt Affairs Com:mi t t(~E~

Nevada State Assembly State Capitol Building Carson City, Nevada

Df:ar Mr.. Murphy,

As Secretary of the Nc~vada St:att~ Board of Optometry, I have be:1en tnstrnctt1d. by the board and its officers to WJ:ite to you regarding the boar-d's position on Assembly Bill # 278, said bill to reorg1~.nize all State, Beards and Comm­issions ..

th.td.ng the last several months of 19i 6, our board wa.s i.n communication a:nd met pcrsona11y with Mr.. Bruce Arkell, who ha.d cha1:·ged by Governor Mike 0'Ca1laghan to institute a. study for the r~organization of all bmrrds and co:mtnissions. H!?! pc~rsonally met wi.th Mr. Arkell in the State Capitol in the month of December, 1976. Our meet with him indicated no opposition by the State Optometry Board to the inclusion of a lay person on the board • . Because of the professional natun~ and the ammmt of w-or.k of th~ bc)ttt'd., it was the consich:?.red opinion by Hr$ Arl,ell and the:: Boa.rd that it was necessary to retain three professional members of the Doar<l. Mr. Arkell sugg£sted the inclusion of one 1ay person with i;,.ihich tbe Board concurred. When AB 278 wa.s ent<::red on th0 floor of the Assembly and refer-rc:)d to your corrim.itteE~., the printrJd version of the bill as shot--m on pagE?. 90 indicated that two members of the general public be appointed to the Board.

Upon n::cEdpt of the bi 11, I contacted Mr. Arkell who to1d me that the in-clusion of the second person was a mistake and Affairr,; Commi ttc~e to amend tl1P bi 11 to inclt,dc~ in line with the ,,.,..n,,,,_ .... , of p<:?rsons who health care and professional boards.

he would as1:s. the Govcr:1.ment only one p0rson. This is id. ll tie appoi11tcd tc other

352

NEVADA. STATE BOARJ) fJP OPTOMETI~Y 3201 i2'30tMARYLAND PARKWAY LAS VEGAS. NEVADA S.SDD''A' $9109

ROEl!R1 T. MYERS, 0.D. P(~E:SlOeNT'

JOE:'.L G. ADLE'.fl, O,D. VICB Pfll,Slt.llt'NT

MARVIN M. SEOWAY, 0.0. SECRISTA RY· TRE:ASUR!l:rl

page 2

The Nevada State Board of 0pto11119try recognizes thr~ neci~ssity for consumer I'(~prc,H:n1t:ation and concurs 'W-i th the rtcti.on and rr,;~commendattons of Mr. Arltell with the exception of the inclusion of the two lay persons instaad of one, which was an error on his par·t.

I hope this letter will c1ariSy .:nrr: position a.nd show us to bf:? in with thH study promulgated by Governor o•callaghan.

Respectfully_,

'7?·1, Marvin M .. Sedway, o .. D. Secretary-Treasurer Nf?Va:da State Board of Optometry

HS:tj

THOMAS C. WI

February 23, 1977 REPLY TO

Assenblyman Patrick ?•~. Murphy P...ssenbly Ol.anbers Carson City, wevada 89710

P. 0. Box 101 l ~.1at Stru,t Ronn, Nevada f;9504 ~r8¾)~1(,H fMI{, 910 '.395 1-<"iY-1 Now Tolaphot\e Vi ()2} 329-3173

(~ ~\ +,.--··· Ai.-~ ·.· . \ U'·"· \

Dear ~.!'- Murphy;

Re: AB 278. rr.he Nevada State Museurn

I am writing you as a member of the present Museum Board of Trustees and its i.rro:t8iiate-past Chainnan. I am d~ply concerned over the effect of sorre of the provisions of AB 278 on the quality of the state museum. Although small in size it now has an excellent reputation nationally, and attracts over 500,000 r,eople annually. It has also received important grants and endCMUents. Many thousands of students visit the musemn, in classes or individually. The museum receives several thousand research infonnation requests fran scholars .. The museum initiated and paxticipates in jointly conducted classes on museum ope.ration with UNR, and it has many other valuable projects •

Based on xey avn experience, and much thought, I sincerely believe it is extrenely inportant that the museum Board be a policy making board, and not be reduced to the level of an advisory group. The Board should be appointed by the governor, with staggered terms, and should represent the J2:?Pulation distri­bution of the state.. It has follc.wed this population policy for the past six years wi t11 excellent results ..

The museum is an educational and cultural in..stitution, and its Director srould be ap:E)Ointed and rerroved by the Board, subject to approval of the Governor. The success of the museum hinges on having a capable, professional, non-}?Oli ti cal Director, with ample museum e.."<f)erience.

It appears, nOil, that I will be undergoing a physical checkup at the ti.Ire of your hearing. My absence certainly does not indicate any lack of interest ..

s0cerely,

(_ __ .. ---~L-Thomas c.. Wilson, Sr.

TCW/djl

354

Sfl'ATE OF 1NEVADA

DEP.A:RTMENT OF ·· HUMAN RESOURCES

REHASn .. rrATION -D'IVISION ADIVHNfSTRATJVE OFFICE K1.NK'1£A:b BLOLDlNG, FIFTH FLOOR

!505 EAST KtN.G S'tA&:ET

STATE CAPtTO.L COMPLEX

CARSON Cl'TV, Ni:VADA 8fiJ710

Assemblyman Patrick Murphy Nevada State Assembly Committee on Government Affairs State legislature Building Carson City~ NV 89710

ASSEMBLY BILL 278

The Reha bi l i ta ti on Division of thF Department of Human Resources supports the intention of Assembly Bill 278. The Bur~au of Alcohol and Drug Abuse is the only bureau within this division that vd-11 be ditect1y affected by this bilL A.B. 278 will cause the Alcohol and Drug Abuse Advis·ory Board to be diminished in si.Ze and put under the contra l of the Division. This action wil 1 al so bring about a cost savings of $800 in travel expenses for board members. A change in the placement of this board wi 11 have no effect on the federal dollars v1hich help support this program. In closing w-e would 1 i ke to rea.ff·irm cur support of this bi 11.

;,tkd-✓----------···

DEL FROST, ADMINISTRATOR

DF /CL/1 kf

3795 June Ave. Reno NV 89512

:February 23 o 1977

Assemblyman Pat Murphy Chalrman of Assembly Cammi ttee on Government Affair.s Nevada State Legislature Carson City NV 89701

RE: A.B. 278

Dear Assemblyman Pat Murphy:

As an individual consumer, I wish to add my voice in favor •of the Governor's desire to reorganize board$, etc., in the executive department of the state government. I am particularly referring to the addition O·f public persons serving along with the professional/bus5ness persons on all state boards to giv~ representation to the consumer.

Sincerely,

IIO'Kli! O'CALLA(;;.!cl,11\.N, (ilOVl..'1!NO·l'l, C,IAlr-tMA-N

FtCU/l~R"I" 1,.1$":',, "''r'l'0"'1<f:Y 'C."'t-UtnllL

WILSON MC:G•OWAII!, $TA.Tit CONIIWI .. L!i;lt

GRANT ElMiTIAN fJTATli HIOllWAV f.'.NiJl"l!!lEl't.

STAT! 0 F NIVAllA

DEPARTMENT OF IUO:BWAYS tA,ltSON. CJTT, ?UVADA 3S1IZ

February 23, 1977

r

L

Honorable Patrick M. Murphy, Chairman Assembly Gove:rnment Affairs CoMmittee Room 214, J:,eg-d.slq; ti ve Building Carson City, Nevada 89701

Dear Mr. Murphy:

On this date, I attended a hearing on Assembly Bill 278 relative to the reorganization of Boards, Commis.sions, and similar bodies in the Executive Department of state Government ..

The State Highway Department supports the measure in. principle. However, we are concerned with Section 144 th,roqgh 149, pages 44 and 45, relative to the Department's advanced right of way acquisition program. The wording in this bill is exactly the same as Assembly Bill 282, heard February 22, 1977 before the Assembly Transportation Committee. The Department sponsored this particular legislation, it being necessary for us to utilize fed$ral funds presently available for the advanced right of way for construction of major federal-aid highway projects ..

At our appearance before the Assembly Transportation Committee we·requested an amendment to the last sentence of Section 49 (409.160). Present wording states:

uunless such retention is authorized as to such property by specific description hy a concurrent resolution of the Legis­lature .. 11

We request the wording be amended as follows:

"Unless such retention is authorized as to such property by specific description by a resolution of the Board.

Major highway projects such as the North/South freeway in Reno and the Las Vegas Expressway in Clark County will require that rights of ways be acquired many years in advance. It is indeed probable the ten year limit will not be sufficient. It would be awkard and time consuming for us to seek a concurrent resolution of the State Legis­lature .. Since the State Highway Board is composed of elected officials,

Honorable Patrick M. Murphy -2- February 23, 1977

the Governor, Attorney General and State Controller, it would be much easier to obtain a resolution of that Board for an extension of ~ime to allow the Departme~t to hold such property nrior to construction. Our prircipal source of funding for this program will be from the Fed­eral Revolving Advanced Right of Way Fund administered by the Federal Highway Administration. The proposed ten year limit in the State law is the same as exists in the Federal law~ Unde:r the Pederal law,. we can obtain an extension of time through the FHWA Regional l\dministra­tor in San Francisco. A resolution of the Highway Board would seem an appropriate level of authorization to grant such an extension.

We request you consider this amendment .. We will appear at subse­quent hea.rings of the Senate Transportation Committee, the Assembly GovE~rnrnent Affairs Committee and the Senate Government Affai.cs Commit­tee.

DJC:jj

J Nevada's largest daily newspaper. More than ha.~f a century of servic,~ to America's most exciting city.

P.O. BOX 70, LAS VEGAS, NEVADA 89101 .... PHONE 385-4241

Assemblyman Patrick Murphy Legislative Building Capitol C0mplex 401 South Carson Street Carson City, Nevada 89701

Dear Assemblyman Murphy:

February 17, 1977

I would like to draw your attention to several problem areas that bill number AB 278, (February 23rd, 2:00 P.M.) will create for the Nevada State Museum.

Firstly and most importantly, I strongly feel that the Nevada State Museum board should remain a policy making board and not be relegated to the status of a advisory board. The policy status is in keeping with the stijndards set by the American Association of Museums.

Secondly, I think that the Board of Trustees should maintain the respon­sibility of hiring the Director of the Nevada State Museum. We surely don't want to regress to the level of making the selection of the director a political appointment. Perhaps a compromise would be that the selection should be made by the trustees with the final approval of the Governor. The Governor does not appoint the President of the Uni­versity nor do I think that he shou1d appoint the Director of the Museum, which is a educational and cultural institution similar to the University.

Thirdly, I suggest that the membership of the Nevada State Museum elect the trustees as they presently do. Once again a compromise on this would be that the Governor appoint half and the members elect the re­r.iaining half.

LOCALL y OWNED MEMBER f ~I DONREY MEDIA GROUP

359

Assemblyman Patrick Murohy -2- February 17, 1977

I hope that you wil 1 realize. that I am offering these suggestions with the goal of continuing the prog~--ess that we have been making at the Nevada State Museum, and trying to make sur-e that our Museum continues to be recognized professionally and with full accreditation.

WVW:jd

Sincerely,

/t:1/ZvvL~ w~\rig~,'v1c, airman NV State Mus. Bocf of Trustees

/' I

"'1CO' -:-,..,.1;'0

__ Ou-c:- c.i:= Q.c·HJ~\°'2:D\T\\)~ ~£... ~\R-!~u_, ?l£A''!:.£ Tfl.t~. A:tJy 1<..EA:.,CJ,;:~ Tt::> 1..\- 1 fV\ ,o N'\e:A~ s,~ Pt-AU~)~ \ ... ·v

V :,. ~- :~ i~; L -rs ,.,_,,-;,2;;, ,.•(,,1.3

Gentlemen:

In a memora.ndum. dated September 16, 1976, Mr. Bruce Arkell, working as planning co-ordinator for the Governor• s office,, sent a memorandum to Governor O'Callaghan entitled "Boards and Commis­sion Studies." In this study, 150 statutory boards and comm.issions. In his first findings, Mr .. Arkell elected to repeal NRS 643, which is Barbers Health and Sanitation Board. Repeal, according to Web­stsr's definition, is to rescind as a law, revoke, nulify, to summon back. We of the Barber Industry were very upset at this action of Mr. Arkell. If his study had of been more thorough and complete, he would have found that the Barber's Health and Sanita­tion Board was very much needed to protect the seneral public. There were three (3) categories .Mr. Arkell coiild have chosen, i.e .. , retain, repeal, or change. I am sure he did not have the proper information, time or the funds to finance a feasible research. Consequently, he chose repeal. This to the Barber's of Nevada, meant that we would have no control over our industry and moreover no control mrer sanitation or health to protect the con:,umer. This would make Nevada a dumping ground for any barber or would-be barber, not needing a license in this State under Mr. Arkell's recommendation. Mr. Arkell did send a questionnaire to the State Barber Board requesting information on theix:· activities, but the q•;.estionnaire was very vague and there was no way he could deter­mine the importance of this body, that was set up J.n 1929 by the great State of Nevada - you:i:.- predecessors. Surely these men could foresee the harm in having unlicensed, unclean barbers and shops in a profession that deals with the public .. We now have good laws that protect the consumer against all unhealthy environments that may or could be found in a barber sLop, and thanks to a. legisla­ture, it saw fit to pass the laws. We have good practitioners in our trade and good laws to protect the consumer.

In trying to modify his original proposal, Mr. Arkell has made numerous mistakes and miscalculations and has, in fact, in our opinion, ,1ot read in depth laws governing our Board or how it operates or its responsibilities to the public.

As suggested by Bruce Arkell:

First action: Second action:

to repeal NRS 64? (all laws governing barbering}; amend 643 as follows:

Problems with the laws and boards as Mr. Arkell determined:

1. No adequate involvement in decision-makinq by those the Board was created to protect, the consumer;

2. Stat.e board of health responsible for all non-administra­tive health matters in the State. NRS 439.150 created in 1911, ~stem is not_accountable;

3. Under existing statutes, boards do not have legal authority to perform inspections of barber shops.

After discussing the problems Mr. Ark.ell decided that he would amend NRS 643 as found in BDR 18-200.

RECOMMENDATIONS:

1. Health division will assume all responsibilities including inspections, establishing standards, issuing licenses, and other adln:i..,iistra t.i ve duties;

2. comoosition of board. Drop oresent health officer and cot add, a member of the gene1:al public;

3. .Board will examine applicants and recom..'-:'l.end to the health divisicn approval or denial for license;

4. Board ~ill be advisory to health board on licensee revoca­tion matterst

361,

5. Board will recommend establishment or modification of license standards. This will be a more cost effective pro­gram while still maintaining the current level of service.

REBUTTAL: The recommendations stated before were made after Mr. Arkell has tried to figure a budget that would be adequate for the funds available. Also in the budgeting, Mr. Arkell made numerous mistakes.

CAUSE: To this act are stated because of problems 1, 2, & 3.

1. No involvement by general. public. Yet Mr. Arkell recormnends no public member be added to the board;

2. System is not accountable. Refer NRS 643.0?.0, section S. The governor may remove a member of t.he board :::or cause;:

3. No authority to inspect. Refer NRS 643.050, section 3. A."ly member of the board or its agents or assistants shall have the authority to enter and in$pect any barber shop or barber school at any time when the practice of barbering or instruction in su-ch practice is being carried on.

RECOMMENDATION:

1. The board does have legal authority to inspect barber shops, and to issue citations or to take any other legal action as defined in our law as passed by our legislatures. We do not want another State agency, other than the state legislature to establish standards for our profes.sion. We are capable and have been since created .in 1929, of administe.ring our board. We also have been a self-supporting board since our inception. We do not object to having a General Public on our Board, as long as there are revenues to pay them. We think the heaJ.th official should be left on the board also, as he does represent th~ health department of the State.

2. We have no objection to the limitation of ou.:r board members in the time they serve on the board.

3. As for removing requirements and recommendations to the governor, as to whom the barbers of Nevada would like to repre­sent them on the health and sanitation board, how else ls the governor to know who would do the best job in which he is appointed?

4. In this day and age, when everyone is talking less govern­ment, and less bureaucracy, we feel that this i.s putting more burea1Jcracy in our profession and that the general public would be best served leaving our board- and laws as they are now on the books. Remember that this is a self-supportin.g board. It now puts no burden on the treasury of the State of Nevada. And there is no way that Mr. Arkell in all his proposals for savin.g the State money can beat the system we now have.

- 2 -

362

MIKE O'CALLAOHAN Gov•r1u1r

STATE OF NEVAOA

£A/.· ... ' ·2A~ ,~~ /-~

STATE MULTIPLE USE AOVISORY COMMITTEE ON FEDERAL LANDS ao, •. FALL. STREET, ROOM 213

Commltt,e Memb•ri TAN C. SMlTH, Jit., Chairman

Nevada AssoclaUon of County Commtssio11m AYN£ T, MtLLE'R, Ylc, Chairman Kaliltilads and Utilities E.D D. OIBSON. It:.

Advisory Mining Board ED FOLSTONE, J.a.

Central Cornmhtce of Nevada State Grtu:lna Board ANK McGOWAN'

Netada. League of Cltie:1 ~ "RAETZ Stat, Board of Agriculture

~VIN k EINERWOLO Stat~ •BQard otFlsb and Game Cornmi$$iont:rs ?:t> R .• ZAGA

State CoWietv-atlon Com.mislllon 'BJ.I.; TO&l.E'R

titeEo.vfrbomental Commission ... >c;:.6NNOR

'L:atidlJsePJattnina·Advisorr ell · ..

,;~}),'A-NNB ANDERSON State,1uk Advisor;, CQlnt:td$siott

:AQ:L A. RICHARDS Sportsmen B·:t,{cO()NA;Lt)

()tf.i:rQad Vehicle.Enthusiasts

CAPITOL COMPLltX

CARSON CITY, NEVADA 89710

February 24, 1977

Members of the Nevada State Legislature:

Attached is a Re~olution adopted by the

State Multiple Use Advisory Committee on Federal

Lands at their meeting on February l.1 - 12, 1977,

concerning A.B. 278.

Very truly yours,

Julian c. Smith, Jr. chairman

36.J

State Multiple Use Advisory Committee on Federal Lands

RESOLUTION NO. ---WHEREAS, the State Multiple use Advisory Committee on Federal

Lands, provides an objective and ,impartial forum for federal

land managing agencies, various state a.gencies and federal land

users to discuss, clarify and resolve conflicts and misun,derstand­

ings: and

WHEREAS, t.he State Multiple Use Advisory Committee urges by

resolution, possible equitable solutions to conflicts through

both ad.mini strati ve , .. "1 pe, li tieal influence; and

WHEREAS, the test.imony t experts appearing before this Cotmni ttee

and the subsequent findings of this Comrrdttee are transmitted to

the Governor, Congressional Delegation, federal agency directors,

state agencies and legislators for consideration and implementa­

tion, a.ncl

WHEREAS, various administering agencies having jurisdiction

over the federal lands in the State of Nevada, as well as the

Oniversity of Nevada System and various other state agencies

utilize these committee findings and expert testimony; and

WHEREAS, the record shows consistently excellent pa .. rticipation

and attendance of the committee members and representatives

of :federal and state agencies at a minimal cost to the State

of Nevada thereby providing the State with great and useful

benefits ..

NOW, THEREFORE, BE IT RESOLVED, that this Committee recommends

that:

1. The Committee not be abolished or combined with other

committees as proposed in AB 278.

2. Staff support and administration of the Committee

budget continue to be furnished by the Department

of Conservation and Natural Resources.

364

~~~ 35 L.-,,('-·

NEVADA CHILD CARE SERVICES DIVISION POLICY BOARD

February 25, 1977

Dear Sir:

I have become aware that you are considering whether or not to continue the Nevada Child Care Services Division Policy Board. As a part of the State structure., and for that reason, I would like to furnish you with the following information.

I have served on the Board for three years, and presently am Chairperson of the Board. The Boa.rd has been concerned with improving the quality of day care for all children in Nevada and for finding day-care resources for children of low-income families.

Through the efforts of this Board in behalf of low-income families, the Economic Opportunity Board is presently providing (through Title XX) free day care for thirty eligible children of families who have lowr•income jobs, are in training and/or education.

Two years ago, during the last legislative session, the Division hosted a conference ent led "Nevada Conference on Children," in Reno. This conference provided a forum for very low-income families and priorities in the area of day care.

I am confident that you will take these facts into consideration in favor of the continuation of the Nevada Child Care Service Division Policy Board.

Thank you.

Sincerely,

Cµ ('L:'d ___.l. ~"2-

1/c.~11 S. llunn, ,/ Ch:1 i.rperson

>;t;\'acl;i Child C:.tr<.: Services Division l\., I i r • y lh:1 rd

365

NEVADA STATE BOARD OF CHIROPRACTIC EXAMINERS

f'RltO 6TDN£R, 0.C. P~ESIOE'NT

1204 011.SUlT INN RCU,P

LA9 VI.HJ,...G, l'IJ.VA0,._ $9109 ,..JOSEPH M. K.IRKLANO, P,C.

EUCJENE SCRIVNE:R, 0.C. VICE PRE910£NT HERBERT J. ROWE, O.C.

301 W. WABHINQTON S'tll!EE'l'

CAA.l!lCN CITY, Nr.v.-.oA G'll71JI

S£CRETARY~REASURER 518 £, 91'", LOUIS i',VJi:NIJt:

LA& V((GAl:!I, NE:VAOA 89!0'4,

fRVfNG, KLINE, 0.C, ll11•A L..Al'i V£1.U,8 01.vr,. $0,

l,-"'B ',/1/,CIAl!i, Nr:v,i110.-. 139104

February 25, 1977

Assemblyman Patrick Murphy Committee on Governmental Affairs Nevada State Legislature Carson City, Nev. 89710

Dear Assemblyman Murphy:

On behalf of the Nevada State Board of Chiropractic r~xamj.ners. I would like to make the following comments regarding proposed changes in Boards and Commissions:

1. Provide a limit of two consecutive terms on our Board:

At this time in Nevada there are approximately 275 licensed Chiropractors, of which only 50 resid.e and actively practice in the State of Nevada. For this reason we believe special consideration should be given to our Board., and we are a self-sustaining Board.

According to the Statutes there can be no more than two doctors from o:n.e chiropractic college., and. there a.re not enough chiropractors practicing in the State to choose from in order to make the suggested change.

We would be forced to place inexperienced doctors on the Board, which would not benefit either the public or our profession.

The change in the office of the secretary would neces­sitate special instruction to the new secreta.ry which are complex,., In addition, there are numerous files, equipment, and furniture to be moved which would involve additional expense moving from om·.: office to an()ther ..

2... .i\dd one lay person and remove one Chiropractor:

In our opinion1 this would accomplish absolutely nothing for o\lr ber1E-:fit.. Th.is Board needs all of the Chiropractors we presently ·have on the Board in order to give the complete examinations to prospective candi­dates, which are very extensive. In order to maintain our reputation ln licensing only the most qualifj.ed prac­titioners for the people of the St.ate of Nevada, this is most important.

I fail to see what purpoSE-) a lay person would serve on our Board,. Our administrative work is strictly chiro­practic. It would bestrictly a waste of monc~y to have

366

a lay person sitting at meetings with nothiu.g to do for 1:-.ck of informa·tion. on the licentiates involved ..

We would appreciate your conaidera·tion to our thoughts on this matter.

HJR/pw cc All Board members

367

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