NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND THIRD DAY
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Carson City (Friday), May 2, 1997

Senate called to order at 10:10 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Augustine, who was excused.

Prayer by Father Charles Durante.
We stand before You, Holy God, conscious of our weaknesses but aware that we gather in Your Name.
Give us light and strength to know Your will, to make it our own and to live it in our lives.
Guide us by Your wisdom, support us by Your power, for You are God of all creation. You desire justice for all people: enable us to uphold the rights of others; do not allow us to be misled by ignorance or corrupted by fear or favor. Unite us to Yourself in the bond of love and keep us faithful to all that is true so that all decisions made in this public space may be for the common good.
We make this prayer as Your humble people for You are our God who loves us for ever and ever.

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:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 167, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 328, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 131, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 294 and 313, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was re-referred Assembly Bill No. 29, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was re-referred Senate Bill No. 220, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 102 and 159, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

Mr. President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 32 and 134, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 30, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution Nos. 33 and 34.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 15.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 66.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, May 1, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Senate Bill No. 38, and respectfully requests your honorable body to concur in said amendment.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

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

Senate in recess at 10:17 a.m.

SENATE IN SESSION

At 10:44 a.m.
President Hammargren presiding.
Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bill No. 215 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

By the Committee on Natural Resources:
Senate Joint Resolution No. 16--Urging Congress to adopt a resolution supporting the transfer of certain public land located in Clark County, Nevada, for the establishment of a public shooting range and recreational facility.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By Senator McGinness:
Senate Joint Resolution No. 17--Urging the Director of the State Department of Conservation and Natural Resources to draft an interstate agreement relating to the Walker River system with the Director of Water Resources of the Department of Water Resources of the State of California.
Senator McGinness moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Concurrent Resolution No. 15.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Government Affairs:
Senate Bill No. 346--An Act relating to the office of the secretary of state; specifying the effect of the signature or certification of a notary public on a document; authorizing the secretary of state to appoint a person who is a resident of an adjoining state as a notary public under certain circumstances; prohibiting a person from withholding from a notary public his journal, official stamp or certificate of appointment of the notary; limiting the additional fee that a notary may charge for traveling to perform a notarial act; changing the appointing authority for commissioners of deeds and commissioned abstractors from the governor to the secretary of state; providing a penalty; 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. 347--An Act relating to the office of lieutenant governor; specifying the circumstances in which and the requirements pursuant to which the lieutenant governor becomes the acting governor; requiring that the governor and lieutenant governor be elected jointly; increasing the number of legislative measures that the lieutenant governor may request for preparation; 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. 348--An Act relating to public improvements; authorizing the issuance of certain revenue bonds by the director of the department of business and industry for a project of a corporation for public benefit; 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. 349--An Act relating to the Airport Authority of Washoe County; granting the powers and requiring the training of a law enforcement officer as required by certain federal regulations to a person who provides police service to the authority; 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 Natural Resources:
Senate Bill No. 350--An Act relating to farm products; conferring exclusive jurisdiction over the direct sale of farm products by the producer and farmers' markets upon the division of agriculture of the department of business and industry; exempting certain businesses from the business tax; 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 Commerce and Labor:
Senate Bill No. 351--An Act relating to insurance; providing for the sale of insurance by or on the premises of a bank; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Finance:
Senate Bill No. 352--An Act relating to education; requiring the boards of trustees of school districts to establish a program of community partnership schools; authorizing individual public schools to participate in a program of community partnership schools; creating a trust fund for community partnership schools; providing a partial exemption from the business tax for businesses that employ certain persons who participate in a school council for a program of community partnership schools; making an appropriation; repealing provisions governing school-based decision making; 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 Taxation:
Senate Bill No. 353--An Act relating to taxation; revising the limitation on the expenditure of the proceeds of the vehicle privilege tax for the purchase by a county of certain residential property adversely affected by the construction of a highway with limited access; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.

By the Committee on Transportation:
Senate Bill No. 354--An Act relating to drivers' licenses; requiring the department of motor vehicles and public safety to cancel demerit points from the demerit record of a driver under certain circumstances; prohibiting the department from issuing a driver's license to a person who has not been issued a driver's license unless that person provides proof of completion of a course in driver's training or traffic safety; requiring the suspension of the driver's license of a pupil who is declared a habitual truant or is expelled from school 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. 355--An Act relating to motor vehicles; revising the provisions governing fees related to commercial drivers' licenses; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 253.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 261
Amend sec. 3, page 1, by deleting lines 9 through 13 and inserting:
"(a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;
(b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;
(c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and
(d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.".
Amend sec. 3, page 1, line 15, by deleting "eight" and inserting "nine".
Amend sec. 3, pages 1 and 2, by deleting lines 17 through 20 on page 1 and line 1 on page 2, and inserting:
"appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:
(a) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada League of Cities;
(b) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada Association of Counties;
(c) Three members involved in the government of a county appointed by the Nevada Association of Counties;
(d) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and
(e) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.".
Amend sec. 3, page 2, by deleting lines 4 through 9 and inserting:
"3. The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.".
Amend sec. 4, page 2, line 24, after "five" by inserting "voting".
Amend sec. 5, page 3, line 2, by deleting:
"taxes including the" and inserting:
"taxes. In conducting the review, the committee may consider the purposes for which the various state and local taxes were imposed, the actual use of the revenue collected from the various state and local taxes and any relief to the taxpayers from the burden of the various state and local taxes that may result from any possible recommendations of the committee.
2. In conducting its review of the laws relating to the distribution of revenue generated by state and local taxes, the committee may review the".
Amend sec. 5, page 3, line 17, by deleting "2." and inserting "3.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Joint Resolution No. 14.
Resolution read second time and ordered to third reading.

Assembly Bill No. 9.
Bill read second time and ordered to third reading.

Assembly Bill No. 58.
Bill read second time and ordered to third reading.

Assembly Bill No. 87.
Bill read second time and ordered to third reading.

Assembly Bill No. 201.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 257.
Amend section 1, page 1, by deleting line 5 and inserting:
"as a political subdivision created by cooperative agreement:
(a) The water authority must obtain approval for the bonds from the debt management commission of each county in which any member of the water authority that is obligated to make payments on the bonds of the water authority is located; and
(b) The members of ".
Amend section 1, page 1, by deleting line 17 and inserting:
"2. Notwithstanding the provisions of paragraph (a) of subsection 1, the obligations of the members of the water authority to the water".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that Senate Bill No. 155 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 115.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 115:
Yeas--20.
Nays--None.
EXCUSED--Augustine.
Senate Bill No. 115 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 198.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Senate Bill No. 198:
Yeas--.20.
Nays--None.
EXCUSED--Augustine.
Senate Bill No. 198 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 212.
Bill read third time.
Roll call on Senate Bill No. 212:
Yeas--17.
Nays--None.
EXCUSED--Augustine.
NOT VOTING--O'Connell, O'Donnell, Townsend--3.
Senate Bill No. 212 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 218.
Bill read third time.
Roll call on Senate Bill No. 218:
Yeas--18.
Nays--Schneider, Titus--2.
EXCUSED--Augustine.
Senate Bill No. 218 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 223.
Bill read third time.
Remarks by Senators Raggio, Neal, O'Connell and O'Donnell.
Conflict of interest declared by Senator O'Donnell.
Roll call on Senate Bill No. 223:
Yeas--19.
Nays--None.
EXCUSED--Augustine.
NOT VOTING--O'Donnell.
Senate Bill No. 223 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 260.
Bill read third time.
Remarks by Senators Neal and Rawson.
Roll call on Senate Bill No. 260:
Yeas--20.
Nays--None.
EXCUSED--Augustine.
Senate Bill No. 260 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 34, 80, 162, be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.

UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Bill No. 106; Senate Concurrent Resolutions Nos. 30, 31; Senate Joint Resolution No. 8; Assembly Concurrent Resolution No. 21.

REMARKS FROM THE FLOOR

Senator Titus requested that her remarks be entered in the Journal.
Thank you, Mr. President. I wanted to speak on Senate Bill No. 218 on General File but technical difficulties apparently prevented you from seeing my light. At any rate, I'd like to explain my vote at this time and have my comments included in the record.

I voted no on Senate Bill No. 218, not because I am opposed to disaster relief, but because of the particulars of that proposed measure.

I recently represented the Nevada Legislature on a panel at a National Conference of State Legislatures meeting in San Francisco where we met with the director of FEMA and other experts in this field to discuss ways the states can address the increasing problem of dealing with unexpected disasters. We heard about creative public-private partnerships being established, such as the Disaster Recovery Business Alliance. We heard about other state action, such as in Florida where the legislature created an Emergency Management Assistance Trust Fund, funded by surcharges on residential and commercial property insurance premiums. We heard about mutual assistance compacts signed by adjoining states and various partnership arrangements entered into by different levels of government. In short, there is a wealth of good information available on this issue, most of which is ignored by SB 218.

First, the bill you passed creates a separate disaster relief fund which will cost $4 million over the next biennium. This money is not in the governor's budget and in light of the recent Economic Forum forecast which predicted $25 million less in anticipated revenues, this allocation will create a shortfall in other programs.

Furthermore, in addition to the $4 million allocation for the next biennium, the formula set forth in SB 218 will set aside an estimated $22 million of taxpayer money over the next decade. Meanwhile we will be starving needed programs. Schools are on double sessions and classrooms are overcrowded; and prisons are dangerously over capacity.

I contend that this is not only undesirable, but unnecessary because we already have in place an emergency budget stabilization fund which currently contains over $123 million. Why not simply designate a certain percentage of that fund to be used in case of a disaster? That's what 35 other states do, according to this NCSL report. I repeat, that's what two-thirds of the states in this country do.

Now some argue that we can't touch the stabilization fund because it is only for budget shortfalls. Well, that's just not true. Let's not forget that the fund was created by the legislature in 1991, modified by the legislature in 1995, and could be amended by the legislature in 1997 to accommodate potential disaster relief.

Furthermore, the need for such a large budget stabilization fund is much less urgent today than when it was first created. This is in large part due to the subsequent budgetary reforms enacted by the legislature, including SB 154 and 156 in 1991 and the Majority Leader's own bill, SB 23, in 1993 which created the Economic Forum.

Finally, the stabilization fund already set aside an amount equal to 10 percent of the State's appropriations. If SB 218 becomes law, we will create a second trust fund, locking up a total of 11.5 percent of the state's money. That is far higher than found in any other state.

An additional problem with SB 218 is that it does not address the very issue which caused the greatest hardship following last winter's floods. Nevada, unlike most states, had no policy in place which delineates who pays for disaster relief - the state or the local government or some combination thereof. As a result, political haggling ensued and Nevada, among all the affected states, set the record for taking the longest amount of time to come up with funds to match available FEMA dollars. Accordingly, the victims of the flood had to wait over three months to receive assistance. When we finally passed AB 224, we stipulated that for this particular disaster, the state would pay 50 percent and the local governments would pay 50 percent. No such provision for shared responsibility is in this bill.

In conclusion, you can call this a disaster relief fund if you want to, but it's really just a $22 million slush fund controlled by the Interim Finance Committee. I for one cannot go home to District 7 (where the good people pay taxes and the need for public services is great) and say I voted to bank $22 million of your money, when I already have over $123 million of your money in the bank, just in case there's another flood.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to John Hickman.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Erica Leydic.

On request of President Hammargren, the privilege of the floor of the Senate Chamber for this day was extended to Captain Sharon A. Younel and Senior Master Sergeant Mark D. Stewart.

Senator Raggio moved that the Senate adjourn until Monday, May 5, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 11:26 a.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate