NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND THIRTY-FIRST DAY
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Carson City (Friday), May 30, 1997

Senate called to order at 10:17 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senators Porter and Raggio, who were excused.

Prayer by Senator Washington.
Father God, we praise and magnify You for this glorious day You have blessed and given unto us. We thank You for the opportunity to be a part of this great process. We thank You for the wisdom You have given us in order for us to make sound decisions concerning legislation that will not only affect us, but will also affect the people who live in this great land. We pray that You will continue to guide and strengthen the Leadership. We pray, O God, as we get closer to the end of this session, that You would give us the endurance to be patient with one another and to consider one another. This we ask in our Lord's name.

Amen.

Pledge of allegiance to the Flag.

Senator Rawson 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 Assembly Bill No. 156, 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 Transportation, to which were referred Assembly Bills Nos. 215, 243, 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 29, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 227.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Senate Joint Resolution No. 11.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 44, 45.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 26, 193, 306, 344, 374, 409, 423, 436.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 27 and requests a conference, and appointed Assemblyman de Braga, Neighbors and Carpenter as a first Committee on Conference to meet with a like committee of the Senate.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 46--Directing the Legislative Commission to conduct an interim study regarding the projected need for teachers in public schools.
Senator O'Donnell moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Senator O'Connell moved that Assembly Bill No. 100 be taken from the Secretary's desk and placed on General File.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Rawson, Adler, Coffin, James, Mathews, O'Donnell, Regan, Schneider, Townsend, Washington and Wiener:
Senate Bill No. 433--An Act relating to persons with disabilities; creating an office of disability services within the department of human resources and providing its duties; establishing a commission on eligibility and standards for the provision of services by the office of disability services and providing its duties; transferring certain services provided to persons with traumatic brain injuries from the department of employment, training and rehabilitation to the office of disability services; requiring the submission of biennial reports to the governor and the legislature; making an appropriation; 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. 434--An Act relating to taxes; requiring that the tax imposed on certain special fuel be collected by special fuel dealers; providing a penalty; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senator Adler:
Senate Bill No. 435--An Act relating to autism; providing for the limited licensure of persons who work with autistic children in a program established by the University and Community College System of Nevada; authorizing an application fee for such licensure; requiring the board of psychological examiners to adopt regulations concerning such licensure; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senators Rawson, James, Augustine, Jacobsen, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Regan, Rhoads, Schneider, Shaffer, Washington and Wiener:
Senate Bill No. 436--An Act relating to crimes; revising the provisions governing the exhibition and distribution to minors of material that is harmful to minors; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senators O'Donnell, Rawson, Augustine, Coffin, Jacobsen, Mathews, McGinness, Neal, Regan, Shaffer and Washington:
Senate Bill No. 437--An Act relating to education; revising the provisions governing the payment of certain fees and expenses for educational classes taken by dependent children of certain peace officers and firemen killed in the line of duty; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 26.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 193.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 306.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 344.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 374.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 409.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 423.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 436.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 72.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 453.
Amend section 1, page 1, line 2, by deleting "$2,096,700" and inserting "$1,220,290".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved that Senate Bills Nos. 171, 196, 228, 275, 283, 306, 335, 338; Assembly Bills Nos. 192, 364, 382, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 113.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 386.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. "Publication" means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the director.".
Amend sec. 8, page 3, line 20, by deleting:
"an item of correspondence" and inserting "a publication".
Amend sec. 8, page 3, line 23, by deleting "item:" and inserting "publication:".
Amend sec. 8, page 3, by deleting lines 32 through 41 and inserting:
"possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.
3. The establishment of the program required pursuant to this section does not affect:
(a) The authority of the department to review for any other lawful purpose materials that are possessed or received by an offender, including, but not limited to, publications; or
(b) The procedures established by the department for the review of those materials.".
Amend sec. 9, page 4, line 3, by deleting:
"an item of correspondence" and inserting "a publication".
Amend the title of the bill, third line, by deleting "items" and inserting "publications".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 100.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 485.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

UNFINISHED BUSINESS
REPORTS OF CONFERENCE COMMITTEES

Mr. President pro Tempore:
The First Committee on Conference concerning Assembly Bill No. 29, consisting of the undersigned members, has met, and reports that: It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 2, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 17, page 4, by deleting lines 22 through 24 and inserting:
"do-not-resuscitate protocol when he observes a do-not-resuscitate identification."

Bernice Mathews Wendell P. Williams
Valerie Wiener Barbara E. Buckley
Randolph J. Townsend Mark Amodei
Senate Committee on Conference Assembly Committee on Conference

Senator Mathews moved that the Senate adopt the report of the first Committee on Conference concerning Assembly Bill No. 29.
Motion carried.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 46, 207, 237; Assembly Bills Nos. 180, 271; Assembly Concurrent Resolutions Nos. 29, 30.

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 a group of teachers and students from the Eagle Valley Children's Home and teachers Mrs. Hataway, Mrs. Mollere and Mrs. Richey; Student Teacher Jenny Thew and the following students from Fremont Elementary School in Carson City: Megan Aebi, John Akerley, Cody Albee, Devon Anderson, Nicholas August, Mario Avila, Ryan Bauer, Christopher Bibee, Sidney Biber, Kenneth Binder, Roger Block, Ila Bottoms, Matthew Brown, Tiffany Brunscher, Chelsea Bunch, Ronnie Bustamante, David Cadwallader, Andrew Cardinal, Amanda Carvin, Julie Cave, Erika Crail, Vincent Cramer, Kathleen Davis, Anthony Diltz, Erin Dunbar, Sharee Dunmore, Brian Elder, Anthony Evans, Samantha Farr, Alex Ferguson, Jason Fisher, Andrew Fleming, Jimmy Fonda, Noemi Fuentes, Rebecca Fulbright, Christopher Gould, Jeremy Grunert, Nicholas Haney, Ronald Hansen, Kyle Hanson, Heather Harington, Nicci Havener-Cohen, Megan Hoote, Sheldon Hopkins, Nicole Johnson, Erica Kaskie, Jennifer Kasper, Neal Keyes, Jason Klug, Simone Kuckenmeister, Rachel Kuhn, Anthony Laffoon, Tyler Laney, Matthew McElfish, Jessica McWilliams, Andrew Meyer, Joshua Miles, Erin Miller, Alex Miller-O'Neill, Erica Munoz, Danielle Nelson, Jason Olney, Wesley Osmer, Sheena Palmer, Daniel Pascual, Jessica Piazza, Madison Piazza, Brittany Puzey, Alex Ramirez, Robert Reynolds, Greta Schnaser, Abigail Schulz, Kevin Sinnott, Richard Spuehler, Jason Stultz, Shawn Sulli, Sabrina Tellez, Sara Terminel, Zack Tersteege, Annamarie Theuret, Austin Watson, Steven Wear, Jessica Wehr, Christopher Wilcox, Chelsey Wilkens, Bradley Williams, Bailey Wilson, Breanna Wilson, Jessica Wood, Daniel Works, Brittany York and Dustin Zastre.

Senator Rawson moved that the Senate adjourn until Monday, June 2, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 10:50 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate