NEVADA LEGISLATURE
Sixty-ninth Session, 1997
_______________
SENATE DAILY JOURNAL
_______________
THE ONE HUNDRED AND TWENTY-SEVENTH DAY
_______________
Carson City (Monday), May 26, 1997
Senate called to order at 11:12 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
O Lord, You have told us, "Greater love hath no one than this, that a man give his life for his friends." Today, we remember many who have given their lives for our country. We thank them and we thank You. We are grateful also for the friends and loved ones that we remember today in their passing. Our lives are richer for their presence. We thank You for giving life - theirs, ours and Yours. We pray in the name of that life.
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 Commerce and Labor, to which was referred Senate Bill No. 283, 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 pro Tempore:
Your Committee on Finance, to which was referred Senate Bill No. 228, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio,
Chairman
Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Senate Bill No. 323; Assembly Bills Nos. 68, 100, 120, 144, 154, 189, 250, 251, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O'Connell,
Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 344, 358, 407, 408, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 23, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 422, 427.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 36, 126, 155, 176, 219.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 43--Memorializing James W. Long, long-time Carson City resident.
Whereas, The members of this Legislature were saddened to learn of the death of James W. Long, long-time Carson City resident; and
Whereas, James W. Long was born in Clark, Mississippi, on March 12, 1925, to Edward and Lillian Davis Long; and
Whereas, After serving his country in the United States Army during World War II and graduating from Mississippi State University, James Long was hired as a civil engineer for the Bureau of Indian Affairs of the Department of the Interior in 1948 and retired in 1980 as the Land Operations Officer of the Western Nevada Agency at the Stewart facility; and
Whereas, On October 20, 1950, James Long and Maudie Hilton were married in Yuma, Arizona, and 8 years later they moved to Carson City where they raised their three sons Harold, Bartley and Kevin; and
Whereas, James Long was involved in the reconstruction of Wildhorse Dam, was instrumental in the negotiation of a water settlement agreement between the United States and the Pyramid Lake Paiute Tribe and, from 1980 to 1991, was a realtor; and
Whereas, James Long was past president of the National Association of Federal Retired Employees, a member of the American Association of Retired Persons, the Democratic Central Committee and the Presbyterian Church and an honorary member of the Nevada Highway Patrol; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Legislature of the State of Nevada extend their heartfelt sympathy to long-time Legislative Counsel Bureau employee Maudie Long and to the other members of James W. Long's family; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to James Long's loving wife of 46 years, Maudie Long, and to their sons, Harold, Bartley and Kevin.
Senator Adler moved the adoption of the resolution.
Remarks by Senator Adler.
Senator Adler requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. It was my distinct pleasure to know Jim Long. He was a wonderful guy in many, many respects. I think it is fitting that we are giving tribute to him on Memorial Day since he was a veteran of World War II. He was an aerial gunner in the Pacific Theater.
He was civil engineer for the Bureau of Indian Affairs and was the type of person who seemed to know everything about anything. He was very active in the National Association of Retired Federal Employees and the American Association of Retired Persons.
I first became acquainted with Jim during my first political campaign. I was trying to find someone who was willing to help me put up political signs and he volunteered to do it. He knew everyone in Carson City so it wasn't hard for him to find places to place signs. He was an active realtor and conducted title searches. He was able to put up signs on property where he did not even know the owners. By the end of the campaign, he had approximately 750 signs up in a comparatively small district of Carson City.
He was a great guy and a very, very hard worker, but he was also a very persuasive person. Maudie, his wife, reminded me that I have purchased three houses since I have lived in Carson City and Jim sold me two of the three. He could talk you into just about anything.
On this day I do not want to be sad about Jim because he was such an alive person and would want us to be happy today by celebrating him and his hard work for everyone in this community. He was the type of person who always had a smile for everyone and would do anything he could for anyone.
He tried to be a good Democrat. This was funny since every once in awhile he would find himself in support of Republican candidates. He justified his support by saying that they were actually Democrats and just happened to register as Republicans.
To give you an example of how hard he worked, after my first campaign we stayed up quite late celebrating my victory. Jim said to not worry that he would take my signs down for me. I think we had almost 1,000 signs out, but when I got up the next morning at 8:00 a.m. Jim had removed every sign, big and small. I have no idea how he was able to accomplish this feat. It was amazing the manner in which he could organize projects and get things done.
We are all going to miss Jim a lot. I think this is a fitting tribute to him and his memory. He did a lot for the Native Americans in this region of Nevada while working for the Bureau of Indian Affairs. He is going to be sorely missed by all of us.
Resolution adopted.
Senator Adler moved that Senate Concurrent Resolution No. 43 be immediately transmitted to the Assembly.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 422--An Act relating to state emblems; designating the colors for a reproduction or facsimile of the state seal; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 36.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 126.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 155.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 176.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 219.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 422.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 427.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 401.
Amend section 1, pages 1 and 2, by deleting lines 13 through 20 on page 1 and lines 1 through 3 on page 2 and inserting:
"records relating to the conviction. [The petition]
2. A petition filed pursuant to subsection 1 must be accompanied by [a] current, certified [record] records of the petitioner's criminal history received from [the] :
(a) The central repository for Nevada records of criminal history [.
2. The] ; and
(b) The Federal Bureau of Investigation.
3. Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the conviction was obtained, and the district] :
(a) The prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
[3.] 4. If , after the hearing , the court finds that, in the period prescribed in".
Amend section 1, page 2, line 10, after "from," by inserting "including,".
Amend sec. 2, page 2, by deleting lines 15 through 27 and inserting:
"179.255 1. [A person who] If a person has been arrested for alleged criminal conduct [, where] and the charges [were] are dismissed or such person [was] is acquitted of the [charge, may after] charges, the person may petition:
(a) The court in which the charges were dismissed, not earlier than 30 days from the date the charges were dismissed ; or
(b) The court in which the acquittal was entered, not earlier than 30 days from the date of the acquittal , [petition the court in and for the county where such arrest was made]
for the sealing of all records relating to the arrest [.
2. The] and the proceedings leading to the acquittal.
2. Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the arrest was made, and the district] :
(a) The prosecuting attorney for the county; or
(b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If , after the hearing , the court finds that there has been an acquittal or that".
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records [which] that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 may petition the [district] court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the [district] court may order such inspection. Except as otherwise provided in subsection 2 and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. [Where] If a person has been arrested , [and] the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the [record by the district] records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a [district] prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.".
Amend the title of the bill to read as follows:
- "An Act relating to special proceedings; revising the provisions governing the sealing of criminal records; requiring a person who petitions for the sealing of criminal records to include a current, certified record of criminal history from the Federal Bureau of Investigation; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "Summary--Revises provisions governing sealing of criminal records. (BDR 14-879)".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 114.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 353 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator McGinness.
Motion carried.
Senator Rhoads moved that Senate Bill No. 25 be taken from General File and re-referred to the Committee on Finance.
Remarks by Senator Rhoads.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 254.
Bill read third time.
Roll call on Senate Bill No. 254:
Yeas--21.
Nays--None.
Senate Bill No. 254 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 113.
Bill read third time.
Roll call on Assembly Bill No. 113:
Yeas--21.
Nays--None.
Assembly Bill No. 113 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 131.
Bill read third time.
Roll call on Assembly Bill No. 131:
Yeas--19.
Nays--James.
Not voting--Townsend.
Assembly Bill No. 131 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 180.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 180:
Yeas--21.
Nays--None.
Assembly Bill No. 180 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 271.
Bill read third time.
Roll call on Assembly Bill No. 271:
Yeas--21.
Nays--None.
Assembly Bill No. 271 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 304.
Bill read third time.
Remarks by Senators Neal, James, Coffin and Regan.
Roll call on Assembly Bill No. 304:
Yeas--20.
Nays--None.
Not voting--Coffin.
Assembly Bill No. 304 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the vote whereby Senate Bill No. 254 was passed be rescinded.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Senate Bill No. 254 be re-referred to the Committee on Finance.
Remarks by Senator Raggio.
Motion carried.
Senator Neal gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 180 was this day passed.
Remarks by Senator Neal.
Senator Adler gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 271 was this day passed.
Remarks by Senator Adler.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 40, 41, 42.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Adler, the privilege of the floor of the Senate Chamber for this day was extended to Maudie Long, Harold Long, Bartley Long, Kevin Long, Holly Long, Chris Rodgers and Doreen FitzHenry.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Thomas Bath, Burton Hilton, Keauna Montgomery and Steve McLaughlin.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Allyn Goodrich.
Senator Raggio moved that the Senate adjourn until Wednesday, May 28, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 12:02 p.m.
Approved:
Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas
Secretary of the Senate