NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-THIRD DAY
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Carson City (Wednesday), June 11, 1997

Senate called to order at 10:29 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by the Chaplain, The Reverend Lisa Schilbe.
Gracious God, we thank You that You are there to catch us when we fall and You empower us to stand once again. As we stand this day, give us purity of heart and strength of purpose. Grant us grace to learn from one another and allow us to hear differences of opinion with respect. Encourage and inspire us in our efforts to govern wisely as we seek to develop new and innovative programs and laws that will help future generations. In Your Holy Name we pray.

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 were referred Senate Bills Nos. 255, 382, 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 were referred Senate Bills Nos. 401, 431; Assembly Bills Nos. 348, 360, 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 Finance, to which was referred Senate Bill No. 417, 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:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 240, 422, 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 Judiciary, to which were referred Senate Bills Nos. 328, 345, 406; Assembly Bills Nos. 84, 427, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Mr. President:
Your Committee on Legislative Affairs and Operations, to which was referred Assembly Bill No. 99, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Kathy Augustine,

Chairman

Mr. President:
Your Committee on Natural Resources, to which was referred Senate Bill No. 440, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Taxation, to which was referred Senate Bill No. 233, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness,

Chairman

Mr. President:
Your Committee on Transportation, to which was referred Assembly Joint Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 209, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Transportation.

William R. O'Donnell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 9, 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. 48.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 475.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 178, 233, 235, 365, 388, 447.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator McGinness moved that Senate Bills Nos. 374, 375, be taken from the General File and placed on the Secretary's desk.
Remarks by Senator McGinness.
Motion carried.

Senator O'Donnell moved that Assembly Bill No. 209, just reported out of committee, be placed on the bottom of the Second Reading File.
Remarks by Senator O'Donnell.
Motion carried.

Senator James gave notice that on the next legislative day he would make a motion to take Senate Bill No. 282 from the Secretary's desk and place it on General File.

Senator Adler moved that Senate Bill No. 156 be taken from the Secretary's desk and placed on General File.
Remarks by Senator Adler.
Motion carried.
Senator Titus moved that Senate Bill No. 284 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Titus.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Natural Resources:
Senate Bill No. 454--An Act relating to water; limiting the transfer of water from one basin to another; 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 Taxation:
Senate Bill No. 455--An Act relating to local governmental finances; expanding the duties of the county treasurer to include fiscal reports to each government entitled to a portion of the taxes received by the treasurer; providing for the apportionment of interest earned on taxes received; 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 Taxation:
Senate Bill No. 456--An Act relating to taxation; expanding the exemption from property taxes for certain property used for housing elderly or handicapped persons to include property that is contributed to a nonprofit corporation by a nonprofit hospital organized pursuant to the laws of this state; 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. 457--An Act relating to motor vehicles; providing for the issuance of special license plates indicating status as a hall of fame athlete; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Porter:
Senate Bill No. 458--An Act relating to construction; requiring contractors to provide certain notices; providing a penalty for making a false statement in recording a lien under certain circumstances; increasing the amount of certain bonds; limiting persons who may file certain liens on residential property; shortening the period for filing certain liens; making various other changes concerning contractors and liens; authorizing the creation of an advisory committee to study fraud among contractors; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Finance:
Senate Bill No. 459--An Act relating to administration of public health; transferring the responsibility for maintaining the state hygienic laboratory from the health division of the department of human resources to the University of Nevada School of Medicine; extending the prospective date for the reversion of an appropriation made the previous session for equipment for the state hygienic laboratory; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 460--An Act relating to state financial administration; revising the provisions governing the procedure for the revision of work programs and allotments and acceptance of gifts and grants by state agencies; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 461--An Act relating to administrative assessments; increasing the administrative assessments for misdemeanors; revising the formula for the distribution of the proceeds of such assessments; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 178.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 233.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 235.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 365.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 388.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 447.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 475.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rhoads moved that Senate Bill No. 127 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senators Rhoads and Neal.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 183.
Bill read second time and ordered to third reading.

Senate Bill No. 185.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Donnell moved that Senate Bill No. 355 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senator O'Donnell.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 367.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 557.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sections 4 through 7 as sections 10 through 13 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1. Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a school district while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a school district shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 3. 1. The board of trustees of a school district shall ensure that each school under its management and control:
(a) Maintains at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;
(b) Complies with any safety precautions contained in those sheets; and
(c) Makes those sheets available to all the personnel of the school and the parents of each pupil attending the school.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a private school while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a private school shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 6. 1. A private school shall:
(a) Maintain at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;
(b) Comply with any safety precautions contained in those sheets; and
(c) Make those sheets available to all the personnel of the school and the parents of each pupil attending the school.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
Sec. 7. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by the system while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by the system shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 9. 1. The board of regents shall ensure that each university and community college within the system:
(a) Maintains at the university or community college a material safety data sheet for each hazardous chemical used on the buildings or grounds of the university or community college;
(b) Complies with any safety precautions contained in those sheets; and
(c) Makes those sheets available to all the personnel of the university or community college and the parents of each student attending the university or community college.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.".
Amend sec. 7, page 2, line 37, by deleting "4" and inserting "10".
Amend sec. 7, page 2, line 39, by deleting:
"1, 2, 3, 5 and 6" and inserting:
"1 to 9, inclusive, 11 and 12".
Amend the title of the bill, fourth line, after "Nevada;" by inserting:
"requiring schools to maintain and use certain information regarding hazardous chemicals;".
Amend the summary of the bill, second line, by deleting "circumstances." and inserting:
"circumstances and requires schools to maintain and use certain information regarding hazardous chemicals.".
Senator Wiener moved the adoption of the amendment.
Remarks by Senator Wiener.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 398.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 534.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 501.181 is hereby amended to read as follows:
501.181The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the division in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the administrator to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to this Title to any person who is convicted of a violation of any provision of this Title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the division, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the division.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.
In establishing or adopting policies or regulations pursuant to this section, the commission shall, to the greatest extent practicable, use principles of sound scientific management.".
Amend the title of the bill to read as follows:

"An Act relating to the board of wildlife commissioners; providing that any regulations of the board relating to the closure of a season for hunting, fishing or trapping must be based upon scientific data obtained or developed by the division of wildlife of the state department of conservation and natural resources; requiring the board to establish its policies and regulations according to principles of sound scientific management; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Establishes additional standards for regulations and policies of board of wildlife commissioners. (BDR 45-1653)".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rhoads moved that Senate Bill No. 127 be taken from the Secretary's desk and placed on the Second Reading File.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 127.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 535.
Amend section 1, page 1, by deleting lines 2 through 13 and inserting:
"501.171 1. A county advisory board to manage wildlife shall submit [written nominations for appointments to the commission upon the request of the governor and may submit nominations at any other time.
2. After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the commission, the] to the governor, in writing, the names of persons it wishes to nominate for the appointments made to the commission pursuant to paragraph (e) of subsection 2. A county advisory board shall not nominate a candidate for appointment to the commission if the candidate does not have the qualifications required pursuant to this section.
2. The governor shall appoint to the commission:
(a) One member who is actively engaged in the conservation of wildlife;".
Amend section 1, page 1, line 17, by deleting "Five" and inserting:
"[Five] From the nominations submitted pursuant to subsection 1, five".
Amend the bill as a whole by deleting sections 2 through 4 and renumbering sections 5 and 6 as sections 2 and 3.
Amend sec. 6, page 5, by deleting lines 12 through 20 and inserting:
"appoint to the board of wildlife commissioners five members who are qualified pursuant to paragraph (e) of subsection 2 of NRS 501.171 for initial terms that expire on January 15, 2002.".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 6, to read as follows:
"Sec. 4. This act becomes effective on January 15, 1999.".
Amend the title of the bill to read as follows:
"An Act relating to the board of wildlife commissioners; revising the provisions relating to nominations for appointments to the board; revising the dates on which the terms of certain members of the board expire; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing membership of board of wildlife commissioners. (BDR 45-119)".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted on a division of the house.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 223.
Bill read second time and ordered to third reading.

Assembly Bill No. 263.
Bill read second time and ordered to third reading.

Assembly Bill No. 509.
Bill read second time and ordered to third reading.

Assembly Bill No. 209.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 421.
Amend section 1, page 1, line 5, by deleting "15" and inserting "20".
Amend section 1, page 1, by deleting lines 6 through 9 and inserting:
"purchase of the other vehicle.] taking possession of the vehicle.".
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
"Sec. 2. NRS 482.548 is hereby amended to read as follows:
482.5481. Except as otherwise provided in subsection 2, it is unlawful for any person to display for the purpose of sale or lease any vehicle upon [any vacant lot or unimproved portion of a public right of way.] property he does not own or control.
2. A registered owner may display for the purpose of sale or lease his vehicle upon [a vacant lot] property he does not own or control if:
(a) The activity is authorized by the applicable zoning regulations; and
(b) The [displayer is the owner of the lot or] registered owner of the vehicle has received the written consent of the owner of the property and the evidence of the written consent:
(1) Is posted on the vehicle in a manner easily seen and read. If the vehicle has a windshield, the consent must be posted inside the windshield, facing outward.
(2) Is signed by the owner of the [vacant lot.] property.
(3) Contains the name and address of the owner of the [vacant lot.] property.
(4) Contains the name and address of the person who owns the vehicle.
(5) States the period for which the display is authorized.
3. Any person who violates the provisions of this section is guilty of a misdemeanor.
4. This section does not prohibit any dealer of vehicles licensed pursuant to chapter 482 of NRS from displaying for sale or lease vehicles in the ordinary course of his business.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. 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 vehicles; revising the period for the satisfaction of an outstanding security interest on a vehicle taken in trade or purchased by a licensed dealer; prohibiting the display of vehicles for sale or lease on property not owned or controlled by the owner of the vehicle, under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes to provisions governing sales, leases and trades of vehicles. (BDR 43-367)".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell and McGinness.
Amendment adopted.
Bill ordered reprinted and engrossed.
Senator O'Donnell moved that Assembly Bill No. 209 be re-referred to the Committee on Transportation upon return from reprint.
Remarks by Senator O'Donnell.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 266.
Bill read third time.
Remarks by Senator Titus.
Roll call on Senate Bill No. 266:
Yeas -- 21.
Nays -- None.
Senate Bill No. 266 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 the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 11:22 a.m.

SENATE IN SESSION

At 11:24 a.m.
President Hammargren presiding.
Quorum present.

Senator James moved that Senate Bill No. 280 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator James.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 312.
Bill read third time.
Remarks by Senator O'Connell.
Roll call on Senate Bill No. 312:
Yeas -- 21.
Nays -- None.
Senate Bill No. 312 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 341.
Bill read third time.
Roll call on Senate Bill No. 341:
Yeas -- 21.
Nays -- None.
Senate Bill No. 341 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 366.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Senate Bill No. 366:
Yeas -- 21.
Nays -- None.
Senate Bill No. 366 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 156.
Bill read third time.
The following amendment was proposed by Senator Adler:
Amendment No. 416.
Amend sec. 5, page 2, by deleting lines 8 and 9 and inserting:
"3. If a child is less than 16 years of age, the court may grant a stepparent a reasonable right to visit the child if:
(a) The parent or legal guardian of the child consents to the visitation; and
(b) After considering the".
Amend sec. 5, page 2, by deleting lines 15 and 16 and inserting:
"court to grant the stepparent the right to visit the child.
5. The court shall set specific times and any other terms for visitation granted pursuant to this section.".
Amend sec. 6, page 2, line 25, after "2." by inserting:
"Shall terminate the right to visit the child if the child is less than 16 years of age and the parent or legal guardian of the child requests the court to terminate the right of the stepparent to visit the child. The stepparent must be provided with notice of the request to terminate the right to visit the child, but the stepparent is not entitled to an opportunity to be heard.
3.".
Amend sec. 6, page 2, line 30, by deleting "3. May" and inserting:
"4. Except as otherwise provided in subsection 2, may".
Senator Adler moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 155.
Bill read third time.
Roll call on Assembly Bill No. 155:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 155 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 174.
Bill read third time.
Roll call on Assembly Bill No. 174:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 174 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 274.
Bill read third time.
Roll call on Assembly Bill No. 274:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 274 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 336.
Bill read third time.
Remarks by Senators James and Adler.
Roll call on Assembly Bill No. 336:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 336 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 417.
Bill read third time.
Roll call on Assembly Bill No. 417:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 417 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 421.
Bill read third time.
Remarks by Senators James and Neal.
Roll call on Assembly Bill No. 421:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 421 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 11, 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. 42.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 42--Commending Wayne Moore for his heroic effort to save the life of Robert Bugajski.
Whereas, Wayne Moore moved to the State of Nevada in the fall of 1982 and began teaching automotive technology at Douglas High School; and
Whereas, Wayne Moore, along with his wife, Kimberly, and their three children, Nathan, Kristin and Benjamin, have made Carson City their home for the past 15 years; and
Whereas, In 1986, Wayne Moore was presented with the award for "Excellence in Secondary Vocational Automotive Education" by the Motor Vehicle Manufacturers Association and the American Vocational Association; and
Whereas, This dedicated teacher has taught pupils from the China Spring Youth Camp after his regular day of teaching at Douglas High School and has also been a part-time instructor at the Western Nevada Community College since 1988; and
Whereas, In 1991, Wayne Moore was recognized for his excellence as an instructor at Western Nevada Community College when he was named the "Part-Time Instructor of the Year"; and
Whereas, Since 1984, the pupils at Douglas High School who have enrolled in Wayne Moore's class in automotive technology have competed in the Ford/AAA Student Auto Skills Competition every year except one, an honor that requires participants to be in one of the top 10 designated classes in automotive technology in the State of Nevada; and
Whereas, This year Wayne Moore was named the 1997 Douglas High School's "Teacher of the Year"; and
Whereas, On May 21, 1997, Wayne Moore unselfishly risked his life to rescue 17-year-old Carson City High School student, Robert Bugajski, from a flaming truck that was involved in a collision in Carson City; and
Whereas, This act of bravery further demonstrates what a remarkable, brave and unselfish man Wayne Moore is, as he continues to serve as not only a role model for his students at Douglas High School and Western Nevada Community College, but as an inspiration to all residents of the State of Nevada; 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 do hereby commend Wayne Moore for his heroic effort to save the life of Robert Bugajski, who sadly passed away on May 29; and be it further
Resolved, That Wayne Moore is further commended for his dedication to the youth of Northern Nevada and for his continued efforts to excel in his chosen profession; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Wayne Moore.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senators Jacobsen and Adler.
Senator Jacobsen requested that the following remarks be entered in the Journal.
Senator Jacobsen:
Thank you, Mr. President. It is not every day that you have a hero seated at your desk, but certainly I do this morning. I learned, many years ago, that to have someone backing you up or someone who is willing to forfeit their life for you is one of the most rewarding things there could possibly ever be. Each day, during our lives, we have a tendency to see a need, but sometimes we do not address that need. Mr. President, I am sure you understand better than most what it is to come to the aid of someone.
It is a pleasure for me to introduce this young man and his wife because, when you think about having a teacher in school who is willing to go the extra mile or try to save someone's life, that is certainly to be commended. Wayne Moore, without any thought for his own safety, pulled a young man from a burning car. I am sure, at that time, he had no idea who that young person was. These things do not happen every day, but when they do happen they are certainly momentous. Mr. Moore is to be commended for his effort and dedication. He is a teacher in the Douglas County School System which recently received an award for having two blue ribbon schools in their district. I think nothing speaks higher for a teacher's profession than dedication and to do those kinds of things all of us love.
With that, Mr. President, I would certainly like to ask for the adoption of this resolution. Nothing is more commendable than an effort to try to save someone's life.

Senator Adler:
Thank you, Mr. President. I'd also like to commend Mr. Moore. I knew Robert Bugajski, the boy whose life he tried to save. In fact, I knew him from the time he was about eight years old. His mom actually watched my son Ben for a couple of years. Robert was a very kindly child and was really a good, good kid. He had a lot of life in him. He was the kind of kid who always managed to get himself into trouble, but all of the teachers really enjoyed him because he had a great sense of humor and a great personality. It is unfortunate that Mr. Moore's efforts were not successful and that Robert did die. I extend my appreciation for everything that Mr. Moore tried to do for Robert.
Resolution adopted.

UNFINISHED BUSINESS
Consideration of Assembly Amendments

Senate Bill No. 102.
The following Assembly amendment was read:
Amendment No. 496.
Amend sec. 11, page 4, by deleting line 33 and inserting:
"of Assembly Bill No. 39 of this session, if the court finds that a".
Amend sec. 11, page 4, line 34, by inserting a comma after "chapter".
Amend sec. 11, page 4, line 44, by inserting a comma after "agency".
Amend sec. 11, page 5, by deleting lines 15 through 20 and inserting:
"(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.".
Amend sec. 31, page 11, line 6, by deleting "12:01" and inserting "12:02".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 102.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 277.
The following Assembly amendment was read:
Amendment No. 514.
Amend section 1, page 1, by deleting line 3 and inserting:
"of Assembly Bill No. 39 of this session, if the court finds that a".
Amend section 1, page 1, line 4, by inserting a comma after "chapter".
Amend section 1, page 1, line 14, by inserting a comma after "agency".
Amend section 1, page 2, by deleting lines 10 through 15 and inserting:
"(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.".
Amend sec. 4, page 5, line 3, by deleting "12:01" and inserting "12:02"..
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 277.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Joint Resolution No. 6.
The following Assembly amendment was read:
Amendment No. 492.
Amend the resolution, page 1, line 21, after "for the" by inserting:
"Southern Nevada Public Land Management Act of 1997 and for the".
Amend the preamble of the resolution, page 1, by deleting line 18 and inserting:
"State of Nevada or a local government; and
Whereas, During the 105th session of Congress, Representative John Ensign introduced the Southern Nevada Public Land Management Act of 1997 (H. R. No. 449), which, if enacted, would direct the Secretary of the Interior to dispose of certain Federal lands in the Las Vegas Valley and authorize the State of Nevada to elect to obtain the lands for public purposes; now, therefore, be it".
Amend the title of the resolution, first line, after "for the" by inserting:
"Southern Nevada Public Land Management Act of 1997 and for the".
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Joint Resolution No. 6.
Motion carried.
Resolution ordered enrolled.

Senate Bill No. 128.
The following Assembly amendment was read:
Amendment No. 469.
Amend section 1, page 1, line 8, by deleting "is" and inserting "are".
Amend section 1, page 1, by deleting lines 9 and 10.
Amend section 1, page 1, line 11, by deleting "3." and inserting "2.".
Amend section 1, page 1, line 14, by deleting "4." and inserting "3.".
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 128.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 14.
The following Assembly amendment was read:
Amendment No. 490.
Amend sec. 3A, page 1, by deleting lines 9 through 19 and inserting:
"2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial three judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that one judge serves for an initial term of 2 years, one for 4 years and one for 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.".
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Joint Resolution No. 14.
Remarks by Senator James.
Motion carried.
Resolution ordered transmitted to the Assembly.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 264, 337; Senate Concurrent Resolutions Nos. 8, 9; Assembly Bills Nos. 430, 446; Assembly Concurrent Resolutions Nos. 40, 41.

REMARKS FROM THE FLOOR

Senator Mathews requested that her remarks be entered in the Journal.
Thank you, Mr. President. The brown bags on your desks were given to us by the Truckee Meadows Food Partnership.
A joint effort by government and the private sector to enhance existing food preparation and delivery services to those in need of food assistance in the Truckee Meadows was unveiled June 10, 1997 in Sparks.
The Truckee Meadows Food Partnership (TMFP) is a consortium led by The Food Bank of Northern Nevada and the Washoe County School District Nutrition Services, along with other local government agencies and businesses.
Also joining the Food Partnership are Sierra Pacific Power Co., Nevada Bell, Wells Fargo Bank, Norwest Bank and the Hawkins Foundation, all of which contributed "seed" money to the program. Still others donated services, including the Reno Parks and Recreation Department, which provides office space to house the TMFP project manager.
The objective of the Truckee Meadows Food Partnership is to provide nutritious meals for those who might otherwise do without, including children and seniors. This program is not intended to supplant any existing food delivery efforts. Rather, its aims are to enhance those programs already in place and to take advantage of some rather unique resources existing in the Truckee Meadows.
Prepared food resources may soon become available for use in nonprofit feeding programs. Thus far, Boomtown Hotel Casino has stepped forward to donate their surplus, yet edible food items on a regular basis, to be processed using the school district's new "cook-chill" equipment.
Under the program, prepared and unprepared surplus food is picked up regularly from Boomtown's food service facilities and taken to the Washoe County School District Central Kitchen in Sparks. There it's processed and packaged to ensure safety, and delivered to nonprofit meal programs through the Food Bank of Northern Nevada.

Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President. I would like to call the Senators' attention to some rather scurrilous material that was printed in the Assembly Journal of June 9, 1997. These remarks were uncalled for, inappropriate, referring to the rather generous remarks that I made previously concerning the soft ball trophy. I think we showed a lot of class when we did not take note of the dead duck which was hanging in the Senate Chambers the other day. We ignored that. I think we show a lot more attention to business than does the other house. The remarks that appeared in their Journal certainly cast aspersions on this house. They talk about being younger, better looking and things of that kind. I know that this house will certainly uphold the honor of the Senate when we meet on the field of sport endeavor. You might want to read their remarks as it may give you the kind of incentive you need to go out there and rip them apart. I think the bottom line is that the trophy which was rightfully earned is still with us. I think that proves that the Lord above is with us on this.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Wayne Moore, Kimberly Moore, Louie Locke, Peggy Locke, Ben Moore, John Adams and Georgina Adams.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Peggy O'Neill and Jo-an Bedell.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Nicole Porter and Laurie Porter.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Sarah Hobgood.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following residents from the Westwood Active Retirement Center: Helen Lucchesi, Virginia Hall, Eva Heap, Pauline Clough, Evelyn Kelly, Marian Blair and Ardine Brioady; staff member, Carol Ann Johnson.

Senator Raggio moved that the Senate adjourn until Thursday, June 12, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:18 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate