THE TENTH DAY

Carson City (Wednesday), January 29, 1997

Senate called to order at 11:01 a.m.
President pro Tempore Jacobsen presiding.
Roll Called
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Our God and Father, Creator and sustainer of the universe and author of all things, we come to You humbly asking for wisdom. Why, we are even having trouble getting these computers to work. We need You! Please supply us with what it takes to effectively serve in our elected capacity. Be with the loved ones that we have left behind. Thank You.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.

REPORTS OF COMMITTEES

Mr. President pro Tempore::

Your Committee on Judiciary, to which was referred Senate Bill No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 11:05 a.m.

At 11:10 a.m.
President pro Tempore Jacobsen presiding.
Quorum Present.

REPORTS OF COMMITTEES

Mr. President pro Tempore::

Your Committee on Finance, to which was referred Assembly Bill No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that all rules be suspended, reading so far had
considered second reading, rules further suspended, Assembly Bill No. 46
declared an emergency measure under the Constitution and placed
on third reading and final passage.
Remarks by Senator Raggio
Motion carried unanimously.

By the Committee on Natural Resources:
Senate Joint Resolution No. 8--Urging the members of the Nevada Congressional Delegation to introduce and support legislation to assist local telephone companies in obtaining rights of way over public land managed by the Federal Government.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Adler:
Senate Bill No. 37--An Act relating to transportation; expanding the authorized uses of certain money in the state highway fund to include the expenditure of that money by the department of transportation for certain operating expenses; authorizing the board of trustees of a school district to enter into a contract permitting the use of a school bus belonging to the district to transport persons other than pupils; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Neal:
Senate Bill No. 38--An Act relating to the charter of the City of Las Vegas; authorizing the City of Las Vegas to increase or decrease the number of wards in the city; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senator Neal:
Senate Bill No. 39--An Act relating to peace officers; authorizing the governing body of a city or county to create a review board to advise the body on issues concerning peace officers or law enforcement; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senator Neal:
Senate Bill No. 40--An Act relating to criminal procedure; requiring an arrested person to be brought before a magistrate within 48 hours after arrest to comply with constitutional requirements; providing that an arrested person must be released from custody if he is not brought before a magistrate within the required time; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 41--An Act relating to elections; requiring a candidate for a nonpartisan office who receives a majority of the votes in a primary election or primary city election to be declared the nominee for that office; requiring the name of that candidate to be placed on the ballot for the general election or general city election; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 42--An Act relating to state financial transactions; authorizing the state controller to provide by regulation for the use of electronic signatures in financial transactions pertaining to the state; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 43--An Act relating to state financial administration; requiring the state controller to pay the salaries and reimbursement of expenses of certain state employees and officers by the electronic transfer of money; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 44--An Act relating to the City of Reno; making various changes to the charter of the City of Reno concerning elective and appointive offices; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 45--An Act relating to local governments; authorizing contracts with organizations not for profit; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 46--An Act relating to counties; authorizing a board of county commissioners to expend money to construct, reconstruct, improve or repair recreational or cultural facilities on the property of a school district located within the county; authorizing a county park and recreation commission to enter into a contract with such a school district for the construction, improvement and development of such facilities; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 47--An Act relating to incorporated cities; limiting the authority of an incorporated city to adopt an ordinance that imposes a civil liability to the city instead of a criminal sanction for certain violations; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 48--An Act relating to the state printing division; deleting all references to micrographics in the name of the state printing division; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 49--An Act relating to county hospitals; authorizing supervising boards of county hospitals to contract for the provision of certain treatment on a periodic prepaid basis; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 50--An Act relating to the department of museums, library and arts; renaming the state council on the arts and the position of state librarian; providing for staggered terms of office for the members of the state council on libraries and literacy; authorizing the commission for cultural affairs to use money from the fund for the preservation and promotion of cultural resources to pay for administrative services; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 51--An Act relating to postsecondary education; revising the definition of "accredited" for the purposes of accreditation of postsecondary educational institutions; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 52--An Act relating to public welfare; expanding eligibility under the state plan for assistance to the medically indigent for persons who are admitted to certain medical facilities for long-term care; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 53--An Act relating to the bureau of services to the blind; changing the name of the bureau to include the visually impaired; eliminating the preference given to a blind person in filling the position of chief of the bureau; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Human Resources and Facilities :
Senate Bill No. 54--An Act relating to postsecondary educational institutions; revising the requirements for an unaccredited postsecondary educational institution to award degrees; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Natural Resources:
Senate Bill No. 55--An Act relating to water resources; requiring the plan for the use of water resources within this state to be consistent, to the greatest extent practicable, with the provisions of certain master plans of cities and counties relating to the conservation, development and use of water or underground water; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Natural Resources:
Senate Bill No. 56--An Act relating to water resources; requiring certain recommended changes in water policy submitted to the legislature by the division of water planning of the state department of conservation and natural resources to be consistent, to the greatest extent practicable, with the plan developed by the division for the use of water resources within this state and the provisions of certain master plans of cities or counties relating to the conservation, development and use of water or underground water; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on :Government Affairs:
Senate Bill No. 57--An Act relating to liens; invalidating certain liens filed or otherwise claimed against a public officer or employee unless the filing of the lien is authorized by a specific statute or an order of a court of competent jurisdiction; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs
Motion carried.

By the Committee on Transportation:
Senate Bill No. 58--An Act relating to motor vehicles; revising certain provisions relating to the unfair acts or practices of motor vehicle manufacturers, distributors or factory branches and their representatives; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 59--An Act relating to motor vehicles; prohibiting certain selective groupings of dealers by motor vehicle manufacturers, distributors, factory branches or their representatives to measure the effectiveness or performance of individual dealers with regard to sales; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 60-- An Act relating to the department of motor vehicles and public safety; revising provisions governing the organization of the motor vehicles portion of the department; creating the division of motor vehicles within the department; merging the registration division and driver's license division of the department into the division of motor vehicles; authorizing the employment of an additional deputy director and providing his duties; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 61--An Act relating to the department of motor vehicles and public safety; authorizing the department to release certain information to public administrators and public guardians; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 62--An Act relating to motor vehicles; authorizing personnel of the capitol police division of the department of motor vehicles and public safety to remove abandoned vehicles from public property in their jurisdiction; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 63--An Act relating to driver's licenses; authorizing the issuance of a temporary license that does not contain the photograph of the licensee under certain circumstances; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 64--An Act relating to traffic laws; exempting certain combinations of vehicles from provisions governing maximum lengths and loads; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 65--An Act relating to traffic laws; authorizing the evaluation of a person convicted of driving under the influence of an intoxicating liquor or a controlled substance to determine whether he is an abuser of alcohol or other drugs to be conducted outside an evaluation center or this state under certain circumstances; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 66--An Act relating to motor vehicles; deleting the requirement that an application for the renewal of the registration of a motor vehicle include the declaration of the applicant that he will maintain the insurance coverage required by statute; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Neal:
Senate Bill No. 67--An Act relating to legislators' retirement; repealing the provisions concerning limitations on benefits and contributions of the Internal Revenue Code; providing for a prospective increase in benefits; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator Porter:
Senate Bill No. 68--An Act relating to crimes against property; increasing the fee collected by the office of the district attorney which is charged to certain persons who draw or pass a check or draft without sufficient cover; expanding the authorized uses of those fees; providing a penalty; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Finance:
Senate Bill No. 69--An Act relating to state employees; increasing the amount of longevity payments to state employees; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 70--An Act making an appropriation to the Legislative Counsel Bureau for the reproduction of older Nevada Reports; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 71--An Act making an appropriation to the Budget Division of the Department of Administration for reimbursement of the Legal Division of the Legislative Counsel Bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 72--An Act making an appropriation to the legislative fund for additional equipment and software for information systems for the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 73--An Act relating to district courts; increasing the number of judges of the second judicial district designated as judges of the family court; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 74--An Act relating to convicted persons; eliminating the provisions that allow a court to commit certain convicted persons to the custody of the department of prisons for an evaluation; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 75--An Act relating to victims of crime; revising the provisions governing the limitation on compensation for aid to certain victims of crime; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 76--An Act relating to immune contractors; expanding the definition of "immune contractor" to include an independent contractor providing medical services to indigent patients for a county hospital; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 77--An Act relating to juries; increasing the minimum age required to be exempt from service as a grand or trial juror; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 78--An Act relating to sentencing; revising the provisions that govern the rate of imprisonment in default of an administrative assessment, fine or forfeiture; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 79--An Act relating to juvenile courts; eliminating the right of juvenile probation officers in certain judicial districts to appeal decisions of the committee for juvenile services regarding dismissal to the board of county commissioners; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 80--An Act relating to civil actions; making a person who abuses, neglects or exploits a person who is 60 years of age or older liable in treble damages for any loss or damage sustained by the older person; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 81--An Act relating to grand jury proceedings; clarifying when notice that must be given to a person whose indictment is being considered by a grand jury is adequate; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 46.
Bill read third time.
Remarks by Senators Raggio and Neal.
Roll call on Assembly Bill No. 46.
Yeas - 21
Nays - None.
Assembly Bill No. 46 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

REMARKS FROM THE FLOOR

Senator Raggio requested that two newspaper articles from the Reno-Gazette Journal be entered in the Journal.

School named for Mathews

By: Benjamin Grove.

Washoe County school trustees reversed themselves Tuesday and named a new elementary school in Paradise Park for State Sen. Bernice Mathews.
"I think it's important to name schools after people who are active in the lives of children," said school board president Bob Bentley, who cast the deciding vote in a 4-3 tally. Bentley only votes to break ties.
At the previous meeting, trustees voted 4-2 to name the school Paradise Park Elementary, with Trustee Judith Moss in the majority. She asked for reconsideration Tuesday.
"I did not bring this forth lightly, without a great deal of consideration and soul-searching," Moss said. "The school should be named for someone who can model achievement."
Joining Moss and Bentley were trustees Dorothy Dermody and Jonnie Pullman, Trustees Dan Coppa, Marilyn Fendelander and Anne Loring were opposed.
Loring opposed the change, because Mathews is a politician. "Naming a school for a sitting politician will clearly be construed as .political favor, and I believe that is unethical," Loring said.
Pullman disagreed, "I am celebrating her achievements as a person," she said.
Mathews, a businesswoman and foster parent, was the first African-American on the Reno City Council and lives in the Paradise Park area.
Trustees said they had backed the geographical name, because pupils at Rita Cannan Elementary had voted for it. About half of Cannan students will go to the new school.
Trustees Tuesday accepted a thank-you banner from Cannan pupils for choosing the name Paradise Park. Cannan teachers and parents said the children had learned about the voting process by voicing their opinion and now would be disappointed and confused by the board's switch.
"Our students have learned what peer pressure is all about," Cannan teacher Julie Fritz told the trustees. "What we have here is a prime example of what it means to buckle under political pressure."
Cannan parent Shari Pheasant, added, "The children are more resilient than us adults. We'll do the best we can to make them understand."
Three trustees initially voted against reconsideration, saying it set a dangerous precedent.
"It begs the question, "When is the vote ever final," Fendelander said. "It undermines the trust the community has in this board.
"While I understand Mrs. Moss' change of heart, I cannot agree with it."
Supporters of the Mathews name launched an aggressive campaign to lobby trustees. They say over 700 people wrote or signed letters of support.
"(The board) did what was right for the community," Steven Horsford, one of the most vocal Mathews supporters, said after the vote. "The process was fair. It's not wrong to reconsider."
Thirty-seven residents at the previous meeting made impassioned pleas to the board for the names Paradise Park, Bernice Mathews and Martin Luther King.
The $6.9 million school in the park on the border of northeast Reno and Sparks is scheduled to open in August, although flooding and weather may delay construction.

EDITORIAL

Name school after Bernice Mathews

At Paradise Park: She would be the kind of real-life role model that northeast youngsters need.

Concerned community citizen, successful businesswoman, former Reno City Council member, current state senator, community college administrator, caring human being and role model extraordinaire for kids, especially the at-risk kids in northeast Reno: That is Bernice Mathews. And that is why her name should be placed on the new elementary school to be built at Paradise Park. No other name would fit this school so well or inspire its young students so fully.
The ground swell of support for this is huge, from people in all walks of life and from all parts of the community - and for good reason. In every community a few people make a difference in ways that touch the hearts and the souls of its inhabitants. In every community there are a few people who are always there to encourage, to uplift, to console, to sustain. In every community there are a few people who spend their lives helping others. Mathews is one of those people. It is no surprise that the Friends of Bernice Mathews have collected some 500 letters urging the Washoe County School Board to name the school after her.
If the board wishes to look at community involvement, it will have a long list to study; State Board of Nursing, Governor's Commission on Nursing and Nursing Education, legislative committee member for the Nevada Nurse's Association, board of directors of People Inc., American Cancer Society, Girl Scout Council, New Heart Association, Boys & Girls Club of the Truckee Meadows, Nevada Women's Fund, Reno Civil Service Commission, etc.
But it is more than this that makes her a unparalleled role model for the children of northeast Reno. Many of these children are practically raising themselves while their parents are working endless hours so the family can survive. The children don't see anyone coming home from work with a briefcase. No one in their family has attended college. Some of their parents have not even graduated from high school. There is no tradition of education as a crucial building block in life. These children need to know that education is vital, and that someone who started where they are can achieve outstanding success in life, that the future is not ordained by a difficult present. As Mathews' supporters make clear, she can fill that role because she has done just that. As a young mother, she worked at jobs ranging from driving an ice truck to being a mortician. When she came to Reno in the 1950's, she started as a nurses aid and trained to be an LPN. In 1969 she got her B.A. from the University of Nevada, and later added a master's in administration of higher educaiton. She became a staff nurse and then head nurse at Washoe Medical Center, taught nursing at Western Nevada Community College and became the college's director of health sciences and nursing. She also became co-owner of Silver State Skycap at the airport.
Through all this she raised six children. But her concern for youngsters didn't stop there. She encourages every kid she meets. In 1988 she was named Nevada Mother of the Year, partly because she made a home away from home for foreign university students. Can she tell children at this school why education matters? You bet she can. And if this school is named after her, you can bet she will be there in person telling them precisely that, because that is the kind of person she is.
She can tell them that you can make what you want out of yourself. Asked once whether she had problems with discrimination because of her sex or race, she replied: "I'm not saying there weren't problems. But I was so engrossed in what I was doing, I didn't have time to worry about it. I knew what I wanted to do and how to do it. I give the same advice to my students you have to make your own world and will run into all kinds of people, but you can do anything you want, if you want it bad enough."
Some people are urging the school board to name this school for Martin Luther King, Jr. But as one of Mathews' supporters so aptly said, while King is a giant figure in this nation, these Reno students need a role model they can see and know: "King had a dream; now we are living it. We need to show progress. Bernice is living the dream he talked about every day. She is the her in this community."
What more need be said?
Remarks by Senators Raggio, Neal, Mathews and Jacobsen.

GUEST EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Wayne Keele.

Senator Raggio moved that the Senate Adjourn until Thursday, January 30, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 11:51 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate