NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-NINTH DAY
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Carson City (Wednesday), May 28, 1997
Senate called to order at 11:23 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Wiener, who was excused.
Prayer by the Chaplain, Deacon Elaine Morgan.
Almighty and eternal God, so draw our hearts to Thee, so guide our minds, so fill our imaginations, so control our wills, that we may be wholly Thine, utterly dedicated to Thee and to Thy children; and then use us, we pray Thee as Thou wilt, and always to Thy glory and the welfare of Thy people; through our Lord and Savior Jesus Christ.
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 were referred Senate Bills Nos. 242, 320, 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 Commerce and Labor, to which was referred Senate Bill No. 306, 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 pro Tempore:
Your Committee on Finance, to which were referred Senate Bills Nos. 171, 196, 335, 338, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio,
Chairman
Mr. President pro Tempore:
Your Committee on Finance, to which was referred Senate Bill No. 383, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Government Affairs.
William J. Raggio,
Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 168, 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 pro Tempore:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 192, 364, 382, 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 pro Tempore:
Your Committee on Transportation, to which were referred Senate Bill No. 341, Assembly Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell,
Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 26, 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 No. 43.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 223, 226, 229, 266, 348, 386, 443.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 27, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, Senate Bills Nos. 83, 85, 92, 96, 149, 193, 215, 238.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Senate Bill No. 46, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendment to Assembly Bill No. 258.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 54, 240, 263, 421.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 9.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bill No. 383 be re-referred to the Committee on Government Affairs.
Motion carried.
Assembly Joint Resolution No. 9.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Senator Neal moved that Assembly Bill No. 324 be taken from the Secretary's desk and placed on General File.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Taxation:
Senate Bill No. 423--An Act relating to taxation; exempting computers and related equipment donated for use in schools from property tax; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator O'Connell:
Senate Bill No. 424--An Act relating to local revenue; prohibiting a city or county from considering any tax on fuel or retail sales collected by a private enterprise when calculating certain fees and taxes required to be paid by that enterprise; providing certain rights for the payers of those fees and taxes; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator O'Connell:
Senate Bill No. 425--An Act relating to legislative procedure; requiring notice that a measure would require a two-thirds vote for passage to be included on the face of the legislative measure; declaring certain policies concerning taxation to be considered in imposing or altering taxes; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 426--An Act relating to traffic laws; requiring certain persons convicted of driving while under the influence of intoxicating liquor or a controlled substance to install a device to prevent him from starting or operating a motor vehicle if he has consumed intoxicating liquor under certain circumstances; prohibiting such persons from operating a motor vehicle which does not have such a device installed or from tampering with such a device; making various other changes; providing a penalty; 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 Finance:
Senate Bill No. 427--An Act relating to health care; creating the division of health care financing and policy within the department of human resources to administer certain programs and provisions relating to Medicaid and health care for medically indigent persons; providing the duties of the division of health care financing and policy; reassigning certain duties of the welfare division of the department to the division of health care financing and policy; exempting the division of health care financing and policy from the requirements of the Nevada Administrative Procedure Act; extending the date for the prospective expiration of certain provisions that limit the increase in charges that a major hospital may impose; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Regan:
Senate Bill No. 428--An Act relating to health insurance; revising provisions mandating benefits for the treatment of the abuse of alcohol or drugs; requiring a determination of an insured person's entitlement to benefits for the treatment of abuse of alcohol or drugs under a policy of health insurance to be made by certain persons; requiring the commissioner of insurance to adopt regulations setting forth the criteria that must be used in making those determinations; and providing other matters properly relating thereto.
Senator Regan moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Bill No. 429--An Act relating to governmental operations; revising the provisions governing the governor's proclamation of constitution day and constitution week; authorizing local governments to institute programs to increase the participation of citizens in the development of public policy and the improvement of the operation of government; creating a repository within the department of museums, library and arts to store information regarding such programs; providing the powers of the director of the department concerning the repository; and providing other matters properly relating thereto.
Senator Augustine moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 28, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 29.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 30.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 29.
Whereas, The Nevada Legislature along with the entire state was profoundly grieved to note the passing of former Governor Grant Sawyer on February 19, 1996; and
Whereas, Grant Sawyer was born to Harry and Bula Sawyer on December 14, 1918, in Twin Falls, Idaho; and
Whereas, After graduating from the University of Nevada, Reno, in 1941 and attending George Washington School of Law, Grant Sawyer, as a second lieutenant in the United States Army, helped set up an administration for the new Philippines Republic immediately following World War II; and
Whereas, After exiting the military, Grant Sawyer graduated from Georgetown University, settled in Elko, and was elected Elko District Attorney in 1950; and
Whereas, In 1958, Grant Sawyer became the youngest person ever elected as Governor of Nevada, being elected to the first of his two terms by the then largest margin of victory in Nevada history; and
Whereas, Governor Sawyer's decisive support for civil rights, as exemplified in acts such as his creation of the Nevada Equal Rights Commission, transformed the State of Nevada; and
Whereas, Governor Sawyer created and maintained a policy of rigid licensing and regulation in the gaming industry, thereby fighting the influence of organized crime and preserving the industry as an essential component of the State of Nevada; and
Whereas, The reorganization of government performed under Governor Sawyer became an example to the nation; and
Whereas, After leaving office in 1967, Governor Sawyer joined with Samuel S. Lionel to found the law firm now known as Lionel Sawyer & Collins, which has grown to be the largest law firm in the State of Nevada, where he served as chairman of the firm's administrative and gaming law department for more than 25 years, a period during which he led his department to great international recognition and achievement in the field of gaming law; and
Whereas, Governor Sawyer served as President of the Elko County Bar Association, President of the State District Attorneys' Association, Chairman of the State Democratic Central Committee, a member of the Board of Regents of the University of Nevada, General Counsel and Consultant to the Education Commission of the States, General Counsel for the Heart Fund Council in Nevada, a member of the Board of Directors of the National Judicial College and Chairman of the Nevada Commission on Nuclear Projects; and
Whereas, Governor Sawyer is survived by his wife Bette Sawyer, his daughter Gail Sawyer and his brother Harry Sawyer; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its heartfelt sympathy to the family of Governor Grant Sawyer; and be it further
Resolved, That the Nevada Legislature along with the entire state honors the important advances achieved for the State of Nevada by Governor Grant Sawyer, and finds solace and inspiration in his singular example of commitment and accomplishment; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Sawyer's widow, Bette Sawyer.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus, Raggio, Adler, Neal and Jacobsen.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President pro Tempore. I am humbled to stand here today in support of Assembly Concurrent Resolution No. 29 honoring a truly great Nevadan, the late Governor Grant Sawyer.
As stated in the jacket of his book called Hang Tough by Gary Elliott: "Grant Sawyer served two turbulent terms as Nevada's Governor. He often found himself at odds with the press, the legislature and even his own party. As an advocate of progressive change, he had come a long way from his start in the political machine of Senator Patrick McCarran. Many powerful Nevadans considered his policies on education, the environment and civil rights to be dangerously radical. Sawyer further alienated the establishment by pushing hard for meaningful regulatory control over casino gaming. He took decisive action to purge the industry of its mob connections. Eventually, his positions brought him into open conflict with special interests, but he never backed down." So certainly Hang Tough is the perfect title for the story of his life.
When Grant Sawyer retired from political office, he did not retire from political life. He remained a powerful force in the legal community, a fierce opponent of the nuclear dump site, a mentor for young political activists and the voice of the Democratic Party in Nevada. He was always passionate about issues, but he never took himself too seriously. He had a great sense of humor. If any of you have seen the program "The Gathering of Governors" you can see some evidence of his self-deprecating charm. He often said that he wore a "crew-cut" because that portrayed a man on the move. Certainly, he was a man on the move.
Grant Sawyer always supported me, advised me and helped me and I am forever indebted to him for that. He is not here, and yet his memory is all around us. You often hear people talking about him during political conversations, saying how very much he is missed. We all see his face on the plaque in the Sawyer State Office Building in Las Vegas which was named for him. And recently, I was in China Town in San Francisco and was walking up the steps of an old restaurant looking at pictures of celebrities who had eaten there. Bless goodness, if one of the pictures wasn't Grant Sawyer as Governor in 1961. So I say, "Willie Brown, eat your heart out."
Senator Raggio:
Thank you, Mr. President pro Tempore. I want to speak to A.C.R. 29 first of all as representing the Republican members of the Senate since I think the tribute to former Governor Sawyer is one that both parties can agree upon. And I also want to speak on a personal note.
I first met Grant Sawyer when I was an assistant district attorney in Washoe County and he was the district attorney in Elko. Let me tell you, Senator Rhoads, that you can climb high from Elko County if you work hard enough. We were prosecutors over a number of years. We were both active in the Nevada State District Attorneys' Association. He was the president and I later succeeded to that position. On one occasion, Grant and I both went to Chicago to attend the Northwestern University short course for prosecutors. We spent a week there where we studied and had an enjoyable time. When he became Governor I was still close to him notwithstanding the fact that we were of different political parties. I had occasion to fly with him to Washington, D.C. on at least one occasion on the old state plane. That plane was a DC3 and you had to land about every 400 miles. One of my prized photographs was one signed by all of the partcipants when former United States Senator Bible introduced both Grant Sawyer and myself and had us admitted to the United States Supreme Court. We did enjoy a lot of opportunities together over the years. One less memorable was when we were both initiated into E Clampus Vitus in Virginia City. That was a little less regal of an occasion than the one before the United States Supreme Court. Our paths crossed many, many times during his term of service as Governor and mine as District Attorney. We had many occasions to be together as well as to be apart.
Grant was an individual who was extremely knowledgeable. We had differences, but we understood one another and we came together on issues when it was important to do so. That occurred through the years, following his term as Governor, since often we were political opponents. But we were never political enemies. Over the years which ensued, even after he left the realm of active politics, he was certainly in an elder statesman position and I regarded him as such. Others in the political region and those in the private sector regarded him highly.
It was truly a loss to lose his talent and his expertise. As the years mellowed, Grant and I mellowed and we often shared some reminiscences together. We shared a lot of memories. I think as the divisional line of political parties blurred, we found ourselves reflecting and thinking that we were probably together on more occasions than we thought. He certainly left a great heritage. I know his family misses him and the State of Nevada misses him. I have read his book Hang Tough. There are a couple of things in there on which I had a different viewpoint, but I figured that his long-time aide Dick Hamm probably re-wrote them to make it look better than it was.
I truly want to join in supporting this resolution and extending our thanks and condolences to the family of Grant Sawyer for sharing him with the state and the nation. He went on to become a United States Ambassador to Paraguay. He was truly a remarkable individual.
Senator Adler:
Thank you, Mr. President pro Tempore. It is also my pleasure to rise in support of this resolution. Grant Sawyer was a very, very special person. Many of the things he did, as Governor, turned out to serve Nevada well even though they were opposed at the time. His support of vigorous regulation of the gaming industry has served us well and has actually kept federal intervention away from Nevada's gaming industry.
In the past, I frequently received calls from Grant Sawyer on such issues as the Nuclear Waste Dump to ensure that I voted the right way. He wanted to be sure that I did what I could to protect Nevada from high-level nuclear waste. He was always a gentleman and very well informed.
He always surprised me with the depth of his knowledge and insight into various measures.
I was at the International Gaming Conference in the Netherlands and we were eating at a restaurant called the Five Flies. Contrary to its name, it was similar to Adele's. Brian McKay was there. It was in September of 1991 and Brian McKay was saying that he really thought President Bush was going to blow out Bill Clinton in the presidential election in Nevada. Grant Sawyer said that if he really believed that way that they should bet on it. Grant wrote a number on a piece of paper as to what he thought the results of the election would be. Brian McKay also wrote a number down. Grant's number was within 5 tenths of a percent of being correct. He won the bet and Brian McKay ended up taking him to dinner in Reno as a result of that bet. I think this is an example of Grant's insight into politics and his feel for what was going on politically in the State of Nevada. His interest in politics in Nevada was very keen even after he formally retired from politics.
I know all of us are going to miss his great insight and advice to all of us here in the legislature.
Senator Neal:
Thank you, Mr. President pro Tempore. I rise in support of Assembly Concurrent Resolution No. 29. I first met Grant Sawyer shortly after his election as Governor of Nevada in 1958. I had been a resident of Louisiana. He did something I thought to be unusual that I had not seen a Governor do. He had an office in the El Cortez Hotel on Fremont Street. He opened his doors and invited anyone who wanted to come see him to talk about the problems of the state. I had only recently been discharged from the military and found it to be very unusual for a Governor to have this type of policy. In fact, we have not had a governor in this state do that since then. I always found, in years of watching him and visiting with him, that Grant Sawyer was a man of the people. He believed in conducting the business of the people.
I can recall, after he became Governor, Castro had run out most of the gamblers from Cuba and they were setting up in Las Vegas. At that time, the Federal Bureau of Investigation had an office on Fifth Street. They ran a line from their office to a major hotel on Fremont Street. No one knew about this particular line until some indictments began to appear. They made mention of the fact that a lot of conversations had been heard. Grant Sawyer took a position against that type of interference. He felt that, in order for the gaming industry to be protected, you needed a strong gaming control board to handle that aspect. That particular incident led a lot of people to take a second look at what J. Edgar Hoover was doing in this state. This was Hoover's playground in terms of agents. He had accomplished a very successful job with a lot of secret work going on when the FBI could run a line into a major hotel and listen to people's conversations.
As I watched Grant Sawyer's function, in this state, concerning issues of the day such as civil rights, marches, sit-ins occurring in the South and soon came to Nevada, we found that he would become a very good friend of those of us who were supporting and pushing for civil rights in this state. It was a position which was unpopular at the time, but he took a stand and did not waver from his position. He felt that it was an issue which had to be challenged and he stood very tall and supported the issue.
During his first term as Governor, I was offered a job to work with the Nevada Highway Patrol. I turned the job down because I had other plans. I needed additional education and was on my way to Southern University. That just goes to show you the type of man Grant Sawyer was. No doubt, if I had accepted the job, I would probably have been one of the first highway patrolmen of color in the State of Nevada. I did not want that since I had other things I was looking at.
Over the years, as Grant moved from being Governor to creating and developing his law firm with his friend, I came to know him and to have a great deal of respect for him. I can recall the first time I ran for office. I did not receive any money from anyone else, but I did get a check from Grant Sawyer. I received a check from him almost every time that I was running for office. He always was aware of the positions that I took after I became elected. One session, I introduced the entire Democratic party platform in the Senate. He called me and told me that those people did not need to know about the Democratic platform. I realized that what we do at the party level does not translate in terms of Democrats or whoever we are serving here.
We had some good times in talking together. He shared a lot of advice with me over the years. I used to march down to his office on many occasions and had conferences with him and others who were present. His presence in this state is sorely missed because he was a man of principle, of dedication to the state and a man whom I thought was not afraid to do what was right for the State of Nevada. Over the years that I came to know him and his Chief of Staff Dick Hamm and others, I feel they performed a great service for this state. His presence will be missed.
Mr. President pro Tempore:
Improper as it may be for the Presiding Officer to speak, I would be remiss if I did not do so. As I look around the Chambers today, I see only one member other than myself, former Assemblyman Archie Pozzi and later a Senator, who served under Governor Grant Sawyer. I honestly have to say that he was the greatest Governor I have ever served under during my legislative career.
The following statement was submitted by United States Senator from Nevada, Harry Reid concerning Grant Sawyer:
It is with great honor that I speak of Grant Sawyer. Upon his death last year, Nevada lost a true pioneer, but his legacy will continue to live on for years to come.
Grant Sawyer was able to look past conventional wisdom when it came to race relations in the Silver State. During his term, he was a champion for equal rights, advocating equal opportunity for all. His victories pushed Nevada into the future and paved the way for the growth and success we can boast about today.
Grant Sawyer was also a pioneer for the Democratic Party in Nevada. He led the party to numerous victories and his service and innovative leadership on the Democratic National Committee was admirable.
Grant Sawyer set a standard for successful leadership in Nevada, but his visions and ideas will endure. His accomplishments truly exemplify the unique spirit of the Silver State and we are better for his service.
Resolution adopted.
Assembly Concurrent Resolution No. 30.
Whereas, The members of the Nevada Legislature were saddened to learn of the passing of pioneer rancher and former Assemblywoman Josie Alma Woods on February 19, 1983; and
Whereas, Josie Alma Woods was born in Clyde, Texas, on December 29, 1889; and Whereas, Arriving in Nevada in the early 1900's, Josie Alma Woods spent 5 years riding a circuit between mining towns in a buckboard, assisting business partner, Dr. Mabel Young, in her dentistry practice; and
Whereas, In 1915, they purchased a 1911 Model T and, because it had a tendency to break down, they paid a mechanic $25 to take the engine apart, describe the works and show them how to repair it themselves; and
Whereas, Josie Alma Woods purchased 40 head of cattle at an estate auction and acquired a former stagecoach and Pony Express station located between Eureka and Austin, Nevada, which she named "The Willows"; and
Whereas, Josie Alma Woods, with no previous ranching experience, soon became known as an expert judge of cattle and transformed the 320-acre homestead into a successful cattle ranch, encompassing 1,200 square miles by the time it was sold in 1954; and
Whereas, In 1942, Josie Alma Woods was the first woman elected to the Nevada Legislature as a representative of Eureka County and, in 1944, she was reelected, serving two terms in the Nevada State Assembly; and
Whereas, Josie Alma Woods was the first woman appointed to serve on the Assembly Standing Committee on Taxation and the Assembly Standing Committee on Banks and Banking; and
Whereas, Josie Alma Woods was a member of the Eureka County Farm Bureau, the Eureka Business and Professional Women's Club, and the National and State Livestock Associations; and
Whereas, Josie Alma Woods embodied the true spirit of the pioneer woman, so much so that her life story was the basis for the popular movie "The Ballad of Josie," which starred Doris Day; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature extend their belated and sincere condolences to the family and friends of Josie Alma Woods; and be it further
Resolved, That the Nevada Legislature celebrates the life and legacy of a pioneer woman who personified the contributions that women have made in our state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the nieces and nephews of Josie Alma Woods: Mary June Bell, Douglas Woods, Robert Odle, Edward Odle and Kenneth Phillips.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. We are happy to welcome Ms. Woods' relatives to the Senate today and explain more about her. I cannot imagine the adventures she must have had in early Nevada. She came to Nevada as a dental assistant and traveled on a buckboard. As the owner and operator of the Willows Ranch in Eureka County from 1918 to 1954, she was one of the few women to develop a homestead into a successful cattle ranch. A newspaper article said, "They thought I was a wild woman. No one came to see me!"
As an assemblywoman from Eureka County, after her first term in office, a central Nevada newspaper reporter rated her as highly capable and indicated she could expect re-election. Ms. Woods was the first woman to represent Eureka County, and the second woman to be elected to a second term in the Assembly. Perhaps, we should reinstate some of the committees she served on such as Counties and County Boundaries, Livestock, State Printing and State Publicity.
She was a strong and independent woman who was well respected within her community. Molly Flagg Knudtsen's book, Here is Our Valley, states Ms. Woods had an unerring eye for quality livestock and was the best judge of cattle in central Nevada. She was not faint of heart. She was determined to keep her land. She had to fight to keep possession of her land. She threatened to shoot a sheep rancher if he didn't get off her property. It is good to recognize one of the true pioneers of Nevada, and I would hope you support Assembly Concurrent Resolution No. 30.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 54.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 223.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 226.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 229.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 240.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 263.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 266.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 348.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 386.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 421.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 443.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 228.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 385.
Amend section 1, page 1, by deleting lines 3 through 14 and inserting:
"mental retardation is cared for by a parent or other relative with whom he lives, that parent or relative is [entitled] eligible to receive assistance on a monthly basis from the [mental hygiene and mental retardation] division for each such person who lives and is cared for in the home if the division finds that:
(a) The [profoundly mentally retarded] person with mental retardation has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation;
(b) The person with mental retardation is receiving adequate care; and
[(b) Neither he nor]
(c) The person with mental retardation and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.
The amount of such assistance [is] must be established by [law] legislative appropriation for each fiscal year.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 283.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 445.
Amend sec. 2, page 1, line 10, by deleting the open bracket.
Amend sec. 2, page 1, line 11, by deleting "25,000" and inserting "[25,000] 300,000".
Amend sec. 2, page 1, line 13, by deleting the closed bracket.
Amend sec. 2, page 1, line 15, by deleting "[3.] 2." and inserting "3.".
Amend sec. 2, page 1, line 19, by deleting "[4.] 3." and inserting "4.".
Amend sec. 3, page 2, by deleting lines 1 through 4 and inserting:
"704A.180 1. Within 15 days after the receipt of [the petition,] a petition to establish a service district, each public utility corporation other than the".
Amend sec. 3, page 2, line 6, by deleting "or notice".
Amend sec. 3, page 2, lines 14 and 15, by deleting:
"petition [,] or notice," and inserting "petition,".
Amend sec. 3, page 3, line 7, by deleting the open bracket.
Amend sec. 3, page 3, line 13, by deleting the closed bracket.
Amend sec. 3, page 3, by deleting lines 18 through 20 and inserting:
"be included in the costs of the service district.".
Amend the bill as a whole by deleting section 4 and renumbering sections 5 through 7 as sections 4 through 6.
Amend sec. 5, page 4, line 22, by deleting "directly".
Senator Augustine moved the adoption of the amendment.
Remarks by Senator Augustine.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 323.
Bill read second time and ordered to third reading.
Senate Bill No. 344.
Bill read second time and ordered to third reading.
Senate Bill No. 358.
Bill read second time and ordered to third reading.
Senate Bill No. 407.
Bill read second time and ordered to third reading.
Senate Bill No. 408.
Bill read second time and ordered to third reading.
Assembly Bill No. 68.
Bill read second time and ordered to third reading.
Assembly Bill No. 100.
Bill read second time and ordered to third reading.
Assembly Bill No. 120.
Bill read second time and ordered to third reading.
Assembly Bill No. 144.
Bill read second time and ordered to third reading.
Assembly Bill No. 154.
Bill read second time and ordered to third reading.
Assembly Bill No. 189.
Bill read second time and ordered to third reading.
Assembly Bill No. 250.
Bill read second time and ordered to third reading.
Assembly Bill No. 251.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 129.
Bill read third time.
Roll call on Senate Bill No. 129:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 129 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 181.
Bill read third time.
Roll call on Senate Bill No. 181:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 181 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 258.
Bill read third time.
Roll call on Senate Bill No. 258:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 258 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 275.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 472.
Amend sec. 2, page 2, by deleting lines 12 through 14 and inserting:
"to be enforced, and upon notice from the labor commissioner or his representative:
1. The district attorney of any county in which a violation of those sections has occurred;
2. The deputy labor commissioner, as provided in NRS 607.050;
3. The attorney general, as provided in NRS 607.160; or
4. The special counsel, as provided in NRS 607.065,
shall prosecute the action for enforcement".
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 296.
Bill read third time.
Roll call on Senate Bill No. 296:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 296 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 297.
Bill read third time.
Remarks by Senators Neal, James and Coffin.
Senator Coffin moved that Senate Bill No. 297 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Senate Bill No. 331.
Bill read third time.
Roll call on Senate Bill No. 331:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 331 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 377.
Bill read third time.
Remarks by Senators James, Neal and Raggio.
Roll call on Senate Bill No. 377:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 377 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 380.
Bill read third time.
Roll call on Senate Bill No. 380:
Yeas -- 20.
Nays -- None.
Excused -- Wiener.
Senate Bill No. 380 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 114, 292, 324, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 27.
The following Assembly amendment was read:
Amendment No. 337.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 5 and 6 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
"Sec. 2. NRS 569.010 is hereby amended to read as follows:
569.010 1. Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the division.
2. The division has all rights accruing pursuant to the laws of this state to owners of such animals, and may:
(a) Dispose of estrays by sale through an agent appointed by the division; or
(b) Provide for the control, placement or disposition of estrays through cooperative agreements pursuant to NRS 569.031.
3. Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The division may disallow all claims if the division deems the claims illegal or not showing satisfactory evidence of title.
4. [The] Neither the division nor any political subdivision of this state is [not] liable for any trespass or other damage or injury caused by any of such estrays.
Sec. 3. NRS 569.031 is hereby amended to read as follows:
569.031 The division may enter into a cooperative agreement for the control, placement or disposition of the livestock with [the] another agency of this state or with a county, city, town, township , [or other] peace officer [or poundmaster.] , poundmaster or nonprofit organization. If an agreement is entered into, it must provide for:
1. The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray, and any damages for trespass allowed pursuant to NRS 569.440;
2. The disposition of any money received from the sale of the livestock; [and]
3. The protection of the rights of a lawful owner of an estray pursuant to NRS 569.040 to 569.130, inclusive [.] ; and
4. The designation of the specific geographic area of this state to which the cooperative agreement applies.
The division shall annually review the actions of the cooperating person or entity for compliance with the agreement. The division may cancel the agreement upon a finding of noncompliant actions.
Sec. 4. NRS 569.040 is hereby amended to read as follows:
569.040 1. Except as otherwise provided in subsection 2, NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to NRS 569.031, it is unlawful for any person or his employees or agents, other than an authorized agent of the division, to [take] :
(a) Take up any estray and retain possession of it [.] ; or
(b) Feed any estray.
2. For a first violation of paragraph (b) of subsection 1, a person may not be cited or charged criminally but must be reminded that it is unlawful to feed an estray.".
Amend sec. 3, page 2, line 21, by deleting "Given" and inserting:
"[Given] Held by the division until given".
Amend sec. 3, page 2, after line 24, by inserting:
"3. Estray horses must be marked or branded before placement.".
Amend the bill as a whole by adding new sections designated sections 7 and 8, following sec. 3, to read as follows:
"Sec. 7. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 8. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.".
Amend the title of the bill to read as follows:
"An Act relating to estrays; expanding the definition of "estray" to include sheep or other animals of the ovine species; expanding immunity from liability for trespass, damage or injury caused by an estray; expanding the list of entities with which the division of agriculture of the department of business and industry may enter into a cooperative agreement for the control, placement or disposition of estray livestock; making it unlawful to feed an estray; authorizing the division to sell an injured, sick or otherwise debilitated estray under certain circumstances; shortening the period during which an estray must remain unclaimed before it is sold or given a placement or other disposition; requiring that an estray horse be branded before it is placed; providing a penalty; and providing other matters properly relating thereto.".
Senator Rhoads moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 27.
Remarks by Senator Rhoads.
Motion carried.
Bill ordered transmitted to the Assembly.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bills Nos. 110, 113, 131, 249, 258, 284, 297, 304, 408.
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 the following students from Bordewich Bray Elementary School: Greg Andrews, Raymond Harrington, Jason Holt, David Millim, Tyler Preston, Dennis Stoffer, Tabby Adams, Megan Anderson, Griselda Ceballos, Kristina Ferrante, Samantha Fillmore, Theresa Fowles, Ivon Gomez. Loree Haggerty, Alicia Kluck, Christan Libbee, Fallon Maddox, Amber Moore, Kathleen Morales, Halley Picton, Jessi Smokey, Janine Stone and Ashley Ventling; teacher, Konnie McGruder; chaperones: Pam Houghton, Tim Jennings and Tanya Millim.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Pinion Hills Elementary School: Jamie Baughn, Stacy Belshaw, Meghan Burke, Amber Cornelius, Tyler Dahl, Seth Gardner, Jennifer Hedgecock, Brandon Huff, Jenny Jaggard, Kendall Larkin, Nicholas Lonnegren, Nicole Mauzey, Kenneth McGriff, Justin Proffer, Jackie Starble, Staci Sullivan, Steven Vadenais and Chance MacDonald; teacher, Judy Jansen, chaperones: Mrs. Jansen, Mrs. Jaggard, Mrs. McGriff, Mrs. Gardner and Mrs. Lonnegren.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Rita Phillips-Schmidt, Ron Schmidt, Kay Evans and Bob Evans.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Bette Porter.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Richard Ham, Betty Ham and Bob Faiss.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Judge John Gotjamanos.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Jim Stover.
Senator Raggio moved that the Senate adjourn until Thursday, May 29, 1997 at 10:45 a.m.
Motion carried.
Senate adjourned at 1:06 p.m.
Approved:
Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas
Secretary of the Senate