Carson City (Friday), June 13, 1997

Senate called to order at 10:05 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by the Chaplain, The Reverend David G. Camp.
God of our fathers, whose almighty hand has led us in the past and who will continue to lead us in the present and in the future, should we so choose to be led, help us this day to know the truth that will best serve the interests of the greatest number of our brothers and sisters as we strive to do what they sent us here to do. Help us to avoid being driven by our own self interest and that of the privileged few who seek to direct us to serve their interests. Rather we seek your leadership to enable us to be free and to think and to act in accord with Your guidance that enabled us to be a Godly people from the beginning. Let not our superstitions misdirect us in these efforts, we pray. To You be all glory and honor, now and forevermore.

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.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Senate Bill No. 271; Senate Joint Resolution No. 12, 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:
Your Committee on Finance, to which was re-referred Senate Bill No.158, 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:
Your Committee on Government Affairs, to which were referred Senate Bill No. 422; Assembly Bills Nos. 55, 62, 213, 287, 396, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 148, 349, 405; Assembly Bill No. 125, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Natural Resources, to which was referred Senate Joint Resolution No. 16, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 443, 444, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

Assembly Chamber, Carson City, June 12, 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. 49.
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. 174.
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. 128 and requests a conference, and appointed Assemblymen Carpenter, Collins and Perkins as a first Committee on Conference to meet with a like committee of the Senate.
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 Joint Resolution No. 14 and requests a conference, and appointed Assemblymen Buckley, Anderson and Berman as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 508, 538.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 355, 366, 440.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator Schneider moved that Assembly Bill No. 348 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Schneider.
Motion carried.

By Senators Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 50--Commemorating the 40th Anniversary of the University of Nevada, Las Vegas.
Whereas, The first building on 80 acres of desert that would become the campus of the University of Nevada, Las Vegas, was opened in 1957 and named for Nevada educator, legislator and friend of higher education, Maude Frazier; and
Whereas, The campus, which was originally named the Southern Regional Division of the University of Nevada became Nevada Southern University in 1964 and finally in 1968, was officially designated the University of Nevada, Las Vegas; and
Whereas, Over the past 4 decades, the university has grown from a single building on 80 acres to 60 structures on 335 acres; and
Whereas, The enrollment at the university was 498 when it first opened in 1957; 3,902 in 1967; 8,764 in 1977; 13,778 in 1987, and more than 20,000 students are expected to enroll for the fall semester of 1997; and
Whereas, The number of students graduating from UNLV in 1964 was 29, and that number has grown to 3,000 this year; and
Whereas, The faculty and staff now stands at approximately 2,000, and UNLV boasts an alumni of 35,000; and
Whereas, The University of Nevada, Las Vegas, has benefited from the outstanding leadership abilities of past presidents William D. Carlson from 1957 through 1964, Donald C. Moyer from 1964 through 1969, Roman J. Zorn from 1969 through 1973, Donald H. Baepler from 1973 through 1978, Brock Dixon (acting) from 1978 through 1979, Leonard E. Goodall from 1979 through 1984, Robert C. Maxson from 1984 through 1994, Kenny C. Guinn (interim) 1994 through 1995 and Carol C. Harter from 1995 to the present; and
Whereas, Private support for the university began with the formation of the Nevada Southern Fund in 1955, which raised more than $35,000 to help purchase the land for the original campus; and
Whereas, The generosity of the residents of this state continues today with millions of dollars donated every year; and
Whereas, The University of Nevada, Las Vegas, has proven itself as an athletic power among this country's colleges and universities, competing in basketball, football, track, softball, soccer, golf and tennis, and winning NCAA titles in women's track and field in 1984 and 1987, men's basketball in 1990 and tennis in 1997; and
Whereas, The goal of the University of Nevada, Las Vegas, designed to capitalize on 40 years of growth, development and knowledge, is to ensure that the university will be recognized as a premier urban university before its 50th anniversary; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate those persons involved with the success and growth of the University of Nevada, Las Vegas, on the 40th Anniversary of this outstanding educational institution; and be it further
Resolved, That the Nevada Legislature fully supports and encourages the educational opportunities provided by the University of Nevada, Las Vegas, and is proud of the exceptional alumni who have continued their lives as productive members of our society; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Carol C. Harter, President of the University of Nevada, Las Vegas.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus, Rawson, Coffin, O'Donnell, Raggio, Jacobsen and President Hammargren.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:

Thank you, Mr. President. As most of you know, I came to teach political science at UNLV in the fall of 1977, almost 20 years ago. My husband teaches in the history department there. His father was one of the founders of the Southern Nevada campus in the mid-fifties and has a building on the quad named for him, John Wright Hall. My sister is currently completing her doctorate in special education at UNLV. As you can see, my life is inextricably linked to the campus, so I am proud to sponsor this resolution commemoration its 40^th anniversary.
The resolution does a nice job of laying out the history of UNLV and some of the many assets and accomplishments of the campus, from the Barrick Lecture Series to the basketball team, from the internationally known Hotel College to the locally appreciated legislative internship program, form the super computer to the acclaimed jazz band, just to mention a few.
Rather than repeat the impressive list statistics, let me just sum it all up by saying that last week during testimony on my "ring around the valley" bill, Assemblywoman Sandra Tiffany referred tot he Las Vegas Speedway as the "crown jewel of the desert." Well, I beg to differ. I believe UNLV is the crown jevel of the desert. It is truly an oasis in southern Nevada where anyone can seek solace and drink freely from the fountain of culture and knowledge that bubbles forth from the classrooms, studios, libraries, labs, theaters, offices and informal gatherings on campus. So, please join me is supporting this resolution and acknowledging the great asset that UNLV is for the State of Nevada.

Senator Rawson:

Thank you, Mr. President. I, too, join in support of SCR No. 50. It's appropriate to think about this jewel of the desert coming from the Jewel of the Desert, Las Vegas High School. I attended Las Vegas High School when they started UNLV's first campus. Students attended classes in the evenings in Maude Frazier Hall. In 1959 when I graduated from high school and began my education at UNLV, the first buildings were just being finished on the desert campus. They were good years for me. I learned the importance of education, learned how to study and became a student there. I was also a student body president and in the first graduating class. There were 33 graduates in the first commencement exercise. The first class that did not have to come to Reno to meet graduation requirements.
My first son, whom I took to many UNLV activities as a young child, recently graduated from UNLV with his bachelor's degree. My second son walked down the aisle on the 25^th anniversary of the first graduating class from UNLV. There are so many memories tied up with UNLV and my family. It is a meaningful and important part of our valley as the people living here would recognize the University of Nevada is important to the development and culture of a community.
It is a pleasure to join with others in urging the adoption of this resolution.

Senator Coffin:

Thank you, Mr. President. As a fellow alumnus along with Senator Rawson, I also would like to encourage the support of SCR No. 50. I spent many years at UNLV many more than the prescribed four years. To paraphrase Senator Titus' description of the university, I too drank freely from in and around the jewel of the desert not only as an undergraduate but also as high school student. In the desert, you could feel free to do those kinds of things in those days.
My memories of the school started in the fifties. I looked in my first yearbook and noticed a young Ray Rawson, a student leader, fully haired and just as wise exhibiting qualities he has put to good use in his leadership in this legislature. The best years of our lives are spent in our educational times, our formative years. I had good times and bad times, was not what I would nor what anyone else would consider an outstanding student. On the other hand, I tell students in grammar school to never give up because if you learn to read you can learn to succeed by at least talking to your teachers. Sometimes it helps you to get better grades.
I think the athletic accomplishments are sometimes overstated. I did participate in athletics in the sixties which is a forgotten era at UNLV. When a history of UNLV was written, it seems the history of at least the golf sport began in 1970 but in fact there were many good teams in the sixties competing in the Southwest and won many matches. I lettered in golf and proudly wear on occasion my letterman's jacket from Nevada Southern. The UNLV campus changed names three times while I was a student which is an indication of my tenure there, first, from the Southern Regional Division of the University of Nevada then Nevada Southern University, were I earned my letterman's jacket, and finally University of Nevada, Las Vegas in 1969. I was proud to serve as a member and as a president of the alumni association and a life member of that organization were I continuously follow the activities of our school.
UNLV is treated with fairness and equanimity by all resident of this state. There was a time when it truly was a step-child to the northern communities. As UNLV grew and earned its spurs, it began to be treated as an equal. It is truly equivalent to the best in the system. Senator Raggio is always kidding me by saying there should be a comma before R after the UN. I would concede there could probably be a comma after the UN and before the LV in UNLV. We are all very proud of our institution.

Senator O'Donnell:

Thank you, Mr. President. I used to live down the street from the university near Eastern and Harmon as a kid. For years, we thought the little building built on the corner of Maryland Parkway and Harmon was an apartment complex. As time past, I graduated from high school in 1969. The war was on in Viet Nam; my draft number was up there. I joined the Navy and served about three and one-half years. When I was serving in the Navy, there were people in this legislative body, senators, assemblyman and governors, who had a commitment to UNLV who put forth capitol improvement projects, provided moneys for teaching and staff. When I left the Navy, the G.I. Bill and my wife-to-be helped put me through college. I started at the community college then went to UNLV. It is appropriate to recognize those individuals who sat in these chairs and funded, over the years, those capitol improvement projects so that we could have the university we do today in Las Vegas.
I graduated from college in three and one-half years. I finished in December. One regret I have is that I was not able to graduate with my class because I graduated in December and couldn't make the graduation ceremonies. I am a graduate and have a bachelor's of science degree in economics and business from UNLV but I never wore the cap and gown. It is one of the things in life that will always be missing.
I would like everyone to support this measure. It is a good measure recognizing UNLV for the "jewel in the desert" that it is and is one of the most appropriate things we could do for our state.

Senator Raggio:

Thank you, Mr. President. I rise as one member of this body who did not graduate from the University of Nevada, Las Vegas. There was an obvious reason: it didn't exist. I have had the opportunity to watch the school's genesis and to watch its growth, development and achievement as a premier institution. I don't this the resolution is correct. UNLV need not wait another ten years to be recognized as a premier urban institution. It already had achieved such status. UNLV is known throughout the world. It's not known only because of the men's basketball championship but as a true institution of higher learning. My daughter, Tracy, did attend UNLV for a short period of time which I think helped her.
When I came to the Senate in 1972, UNLV had just emerged from the step-child designation as Nevada Southern and became a partner in the higher education system. I have had the privilege to serve on the finance committee. I have had the unique opportunity as a member finance and the Senate to watch UNLV's campus grow. The first building was the Maude Frazier building. There were probably two to three buildings on campus when the committee began to take a good, hard look at the campus. Although I am a graduate of the University of Nevada and have watched with pride the development of that campus, I share equally the pride we have had in watching UNLV's campus grow. When I first entered the Senate, there wasn't much out there between the little campus and the airport. It has grown along with the community and both have complimented one another. Las Vegas is a magnificent city, and UNLV is a magnificent university. I am pleased to hear everyone refer to UNLV as the "crown jewel of the desert." I urge every member of this body to contact our colleagues at the other end of the hall and suggest they put the diamond in the crown, the Law School. I would commend everyone who served in this body over the years and those who served in the administrative positions for their dedication. The result is that everyone in the State of Nevada, no matter where you live, can be extremely proud of UNLV. We endorse the resolution.

Senator Jacobsen:

Thank you, Mr. President and members of the Senate. I can remember the day when we authorized the institution and supported it. I didn't realize until later that I would pay the price for that support. My daughter attended UNLV for four years and graduated. She was on the Dean's List all four years. It was more expensive than when I sent one of my sons to UNR. Each time I visited UNLV, which was frequently, in order to see whether my daughter was behaving because the element was somewhat different than Minden and Gardnerville, I couldn't help but be impressed. I also had to admit when comparing the two schools that UNLV was a bit better than UNR. All of us take pride in these educational opportunities, maybe not for ourselves but certainly for our children. I commend this resolution.

Senator Coffin:

Thank you, Mr. President. It should be noted next week there will be an important regents meeting in Las Vegas. I would like to request copies of the resolution be printed for each regent to be display in prominent places on the university campus.

President Hammargren:

I would like to make one other comment in relation to Maude Frazier who was a distinguished legislator. At the end of her legislative career, she was appointed lieutenant governor by Governor Sawyer. That is the history of Frazier Hall.

Dr. Carol Harter:

I am delighted to be here and to have you consider this wonderful resolution for UNLV. UNLV has prospered largely because those of you in the legislature, in the Senate, have been so supportive over that past forty years. We are deeply grateful. We are deeply grateful for the wonderful way in which you have treated us this year. Higher education is as good as it is in Nevada because we have had such an enlightened legislature to help us get there. Thank you very much.

Resolution adopted.
Senator Titus moved that Senate Concurrent Resolution No. 50 be immediately transmitted to the Assembly.
Motion carried.

Assembly Concurrent Resolution No. 23--Urging the Las Vegas Valley Water District to maintain the current method for the calculation of charges for water to mobile home parks by use of a master m Whereas, Conservation of the ground-water resources of the Las Vegas Valley is of utmost importance to the residents of this valley and to the State of Nevada; and
Whereas, The use of water meters in single-family residences provides a fair method of charging residents who use water based upon their actual use; and
Whereas, The Las Vegas Valley Water District currently charges residents of mobile home parks who are connected to a master water meter at a rate comparable to such rates charged for single-family residences; and
Whereas, This method has not created any appreciable financial shortfall to the Las Vegas Valley Water District and has provided an incentive for the conservation of water by the individual users of water within a mobile home park; and
Whereas, Charging a mobile home park, and thus its residents collectively, at a rate based on the total flow of water through a master meter would impose on the residents a higher rate intended to affect large commercial or industrial customers and not suited for residential customers; 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 urge the Las Vegas Valley Water District to maintain the current schedule of rates for water usage in a mobile home park until such time as master meters are converted to individual residential meters which would measure actual consumption by each resident of a mobile home park; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Las Vegas Valley Water District..
Senator Regan moved the adoption of the resolution.
Remarks by Senator Regan.
Senator Regan requested that his remarks be entered in the Journal.
Thank you, Mr. President. Assembly Concurrent Resolution No. 23 urges the Las Vegas Valley Water District to maintain the current schedule of rates for water usage in a mobile home park until such time as master meters are converted to individual residential meters which would measure actual consumption by each park resident.
Resolution adopted.

By the Committee on Government Affairs:
Senate Bill No. 466--An Act relating to public employees; providing for a leave of absence for certain public employees from classified or equivalent service during the term of an elected office; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 355.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 366.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 440.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 508.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 538.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

"An Act relating to state financial administration; revising the provisions governing the expenditure of money from the fund for the National College of Juvenile and Family Law; making appropriations for the National Judicial College and the National College of Juvenile and Family Law; and providing other matters properly relating thereto.".

"Summary--Revises provisions governing fund for National College of Juvenile and Family Law and makes appropriations for National Judicial College and National College of Juvenile and Family Law. (BDR 1-832)".

Senate Bill No. 251.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 592.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:
Before a district board of health, county board of health or board of county commissioners, pursuant to the authority granted to it by NRS 445B.500, enacts an ordinance or adopts a regulation establishing fuel standards for mobile sources of air contaminants, the district board of health, county board of health or board of county commissioners shall:
1. Determine the cost effectiveness of the proposed ordinance or regulation by comparing it on an incremental basis with other methods of controlling pollution.
2. Determine whether the proposed ordinance or regulation is technologically feasible based on evidence presented to the district board of health, county board of health or board of county commissioners relating to the availability, effectiveness, reliability and safety of any proposed technology when it is used for its proposed use.
3. Conduct public meetings to consult with public and private entities that would be significantly affected by the proposed ordinance or regulation.".
Amend sec. 2, page 2, line 37, after "inclusive," by inserting:
"and section 1 of this act,".
Amend sec. 2, page 3, line 11, after "inclusive," by inserting:
"and section 1 of this act,".
Amend sec. 2, page 3, by deleting lines 13 through 15 and inserting:
"8. Establish fuel standards for both stationary and mobile sources of air contaminants. Fuel standards for mobile sources of air contaminants must be established to achieve and maintain ambient air quality standards.".
Amend the bill as a whole by deleting sec. 3.
Amend the title of the bill to read as follows:

"An Act relating to air pollution; establishing certain requirements for the establishment of fuel standards for mobile sources of air contaminants by local air pollution control agencies; providing that fuel standards for mobile sources of air contaminants must be established to achieve and maintain ambient air quality standards; and providing other matters properly relating thereto.".

"Summary--Revises provisions relating to fuel standards for mobile sources of air contaminants. (BDR 40-1366)".

Senate Bill No. 256.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 541.
Amend section 1, page 1, line 3, by deleting "All " and inserting:
"Except as otherwise provided in this section, all ".
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
"production of electrical energy from solar energy.".
Amend section 1, pages 1 and 2, by deleting lines 11 through 16 on page 1 and lines 1 through 8 on page 2 and inserting:
"4. The provisions of this section do not apply to:
(a) Residential property; and
(b) Property that is used as a facility for the production of electrical energy from solar energy before July 1, 1997.
5. As used in this section, "facility for the production of electrical energy from solar energy" means a facility which uses solar energy as its primary fuel in the production of electricity. The term includes all the equipment in the facility used to collect, store and convert into electricity the energy derived from solar energy.".
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 361.0685 is hereby amended to read as follows:
361.06851. Except as otherwise provided in this section, if a:
(a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site; or
(b) Business that includes as a primary component [an active system to utilize solar energy or] a facility for the production of electrical energy from recycled material,
is found by the commission on economic development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the commission on economic development pursuant to NRS 231.139, 75 percent of the personal and real property of the business is exempt from taxation.
2. Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in [Nevada] this state for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the agreement or until the business discontinues in operation in [Nevada,] this state, whichever occurs first.
3. The exemption provided in this section applies only to the business for which certification was granted pursuant to NRS 231.139 and the property used in connection with that business. The exemption does not apply to property in [Nevada] this state that is not related to the business for which the certification was granted pursuant to NRS 231.139 or to property in existence and subject to taxation before the certification was granted.
4. Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.
5. As used in this section [:
(a) An "active system to utilize solar energy" is one which uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:
(1) Heating water for domestic, recreational, therapeutic or commercial use;
(2) Heating or cooling air;
(3) Production of electricity;
(4) Industrial heating; or
(5) Mechanical energy.
(b) A] , a "facility for the production of electrical energy from recycled material" is a facility which uses recycled material as its primary fuel including material from:
[(1)] (a) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;
[(2)] (b) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and
[(3)] (c) Municipal waste, such as sewage and sludge.
The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.
Sec. 3. 1. An exemption granted to a business that includes as a primary component an active system to utilize solar energy pursuant to NRS 361.0685 before July 1, 1997, continues until the expiration of the agreement entered into pursuant to subsection 2 of that section or until the business discontinues in operation in this state, whichever occurs first.
2. As used in this section, "active system to utilize solar energy" means a system that uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:
(a) Heating water for domestic, recreational, therapeutic or commercial use;
(b) Heating or cooling air;
(c) Production of electricity;
(d) Industrial heating; or
(e) Mechanical energy.".
Amend the title of the bill by deleting the first and second lines and inserting:

"An Act relating to taxation; revising the exemption from property tax provided for property used for the production of electrical energy from solar energy;".

"Summary--Revises exemption from property tax provided for property used to produce electrical energy from solar energy.".

Senate Bill No. 414.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 533.
Amend sec. 3, page 2, line 26, by deleting "that " and inserting:
"for which the fee".
Amend sec. 3, page 3, by deleting line 10 and inserting:
"chapter 354 of NRS. No portion of any tax imposed ".
Amend sec. 6, page 4, line 15, by deleting "misuse" and inserting "abuse".
Amend sec. 7, page 4, by deleting lines 19 through 21 and inserting:
"chapter [,] and the implementation of the plan developed pursuant to NRS 540A.130, the board may impose a fee at a rate of not to".
Amend sec. 10, page 6, line 31, by deleting "and ".
Amend sec. 10, page 6, line 32, after "(f)" by inserting:
"The cost of operation, maintenance, administration and other continuing charges in connection with carrying out the responsibilities of the district for remediation, including the cost to notify the general public of the plan for remediation and the activities of the district; and
(g)".
Amend sec. 10, page 6, by deleting line 34 and inserting:
"the financing thereof, or to the activities or responsibilities of the district for remediation.".
Amend sec. 11, page 7, by deleting lines 37 and 38 and inserting:
"3. The reimbursement may be made only if money is".
Amend sec. 11, page 7, by deleting line 42 and inserting:
"other purposes. Those sections do not constitute a".
Amend sec. 12, page 8, line 9, after "action." by inserting:
"In addition to any other action authorized by statute, the department may by legal action recover from the person responsible the costs of remediation incurred by the county or district.".
Amend sec. 12, page 8, line 10, after "responsible" by inserting:
", excluding any money recovered as a penalty,".
Amend sec. 12, page 8, line 11, by deleting "division" and inserting "department ".
Amend sec. 12, page 8, line 12, by deleting "division;" and inserting "department;".
Amend sec. 12, page 8, between lines 18 and 19, by inserting:
"3. As used in this section, "department" means the state department of conservation and natural resources.".
Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 through 18 as sections 15 through 17.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 423.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 575.
Amend section 1, page 1, by deleting line 11 and inserting:
"made using the original cost and the".
Amend section 1, page 1, line 14, by deleting "tax due" and inserting "assessment".
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness, O'Donnell, Adler and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Joint Resolution No. 13.
Resolution read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 294.
Amend the resolution, page 2, by deleting lines 27 and 28 and inserting:
"projects to be federally funded a bridge with four traffic lanes that would serve as a bypass to the existing highway over".
Amend the title of the resolution by deleting the second line and inserting:
"lanes to serve as a bypass to the existing highway over Hoover Dam.".
Amend the summary of the resolution to read as follows:

"Summary--Urges Congress to provide for bridge with four traffic lanes to serve as bypass to existing highway over Hoover Dam. (BDR R-1387)".

Assembly Bill No. 128.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 558.
Amend section 1, page 1, line 6, by deleting the period and inserting:
"as a volunteer ambulance driver or attendant.".
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. 219.
Bill read second time and ordered to third reading.

Assembly Bill No. 226.
Bill read second time and ordered to third reading.

Assembly Bill No. 327.
Bill read second time and ordered to third reading.

Assembly Bill No. 431.
Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 13.
Resolution read second time and ordered to third reading.

Senate Bill No. 156.
Bill read third time.
Remarks by Senator Adler.
Roll call on Senate Bill No. 156:
Yeas -- 21.
Nays -- None.
Senate Bill No. 156 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 367.
Bill read third time.
Remarks by Senator Wiener.
Senator Wiener requested that her remarks be entered in the Journal.
Thank you, Mr. President. Senate Bill No. 367 prohibits the use of the materials containing the chemical diisocyanate in a building owned or operated by a public school, a private school, or the University and Community College System of Nevada (UCCSN) if that building is occupied. The provisions apply to substances containing at least one-tenth of 1 percent of a diisocyanate. Persons using the chemical in the repair or maintenance of the school building must ensure that the building remain unoccupied for at least four hours following the use of the substance or material containing one-tenth of 1 percent of the chemical.
The bill also requires that each school maintain a materials safety data sheet for this and other hazardous chemicals used on the building or grounds of the school and make those data sheets available to school personnel and to the parents of children attending the school. Further, the bill requires Nevada;s Division of Environmental Protection to prepare an informational pamphlet about the dangers associated with diisocyanates and distribute the document to school district boards of trustees, private school administrators, and to the Board of Regents of the UCCSN.
The provision concerning the informational pamphlet is effective on passage and approval.

Background Information

Testimony indicated that the chemicals in question, diisocyanates, are a particularly hazardous family of chemicals. Commonly used in foam roofing materials, these substances can cause lifetime sensitization and severe, life-threatening asthma attacks and other health problems in susceptible children and adults. Workers using these chemicals are protected by full body environmental suits with separate breathing apparatus; however, persons who may be unprotected in the same building can suffer severe reactions. This measure was requested following several incidents in southern Nevada in which teachers Mary Ellen Mayes and Cindy Herron, among others, were exposed to the chemical. As a result of her exposure, Ms. Mayes is now classified as a disabled person and must avoid exposure to chemicals of all types ranging from paint to perfumes. She now suffers extreme allergic reactions to even small amounts of these and hundreds of other chemicals.
For these reasons, I urge your support of S.B. 367.
Roll call on Senate Bill No. 367:
Yeas -- 21.
Nays -- None.
Senate Bill No. 367 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 398.
Bill read third time.
Remarks by Senator Rhoads.
Roll call on Senate Bill No. 398:
Yeas -- 21.
Nays -- None.
Senate Bill No. 398 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 401.
Bill read third time.
Remarks by Senators Titus, O'Donnell and James.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President. This bill requires manufacturers to provide warranties for assistive devices which enhance the ability of a person to perform a major life activity - one of those functions like seeing, hearing, talking, or moving which we often take for granted.
At some point in our lives, most of us have bought a piece of equipment that has turned out to be a so-called "lemon" - something's always wrong with I and it can never quite get fixed. The experience is bad enough if the equipment is a car or household appliance, but what if it's an electric wheelchair or a voice synthesizer, a Braille printer or a hearing aid? If such a device breaks down, not only is the physically challenged person unable to perform daily life functions, but he or she must often go through a maze of bureaucracy with health care providers, insurance companies, government agencies, equipment dealers and manufacturers before getting the assistive device repaired and returned.
This bill will help make that process a little easier. Modeled on the first assistive technology bill passed in Wisconsin in 1992, S.B. 401, like laws in some 20 other states, provides that a warranty must not take effect until the consumer takes possession of the device and must last 1 year. It also provides for a refund if the device can't be fixed after three times and for a "loaner" during the time the device is being repaired.
The testimony in Committee on this bill by individuals who depend on assistive devices was so compelling it brought tears to the eyes of many people in the room. This is truly a piece of legislation that directly and immediately affects people's lives in a positive way; and I urge you to pass it.
Senator O'Donnell:
Thank you, Mr. President. I notice that the bill sponsors do not include me, but I want to make assure you that this is not a partisan bill - it is a bi-partisan effort. Being the father of a son who was handicapped, who passed on, I can appreciate these devices and the fact that the manufacturers will have to stand by the warranties. I just think this is a good measure.
Senator James:
Thank you, Mr. President. I am also not a sponsor on the bill, but I would like to add my comments to the Minority Leader. This is one of those pieces of legislation that is very good and should not get caught up in politics of any kind. I wish all pieces of legislation, in the Legislature, could be treated in the same manner. So, I'll be voting for this bill and hope that this kind of spirit of moving good legislation along regardless of politics continues here and in the other house.
Roll call on Senate Bill No. 401:
Yeas -- 21.
Nays -- None.
Senate Bill No. 401 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 431.
Bill read third time.
Roll call on Senate Bill No. 431:
Yeas -- 21.
Nays -- None.
Senate Bill No. 431 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 440.
Bill read third time.
Remarks by Senator Rhoads.
Roll call on Senate Bill No. 440:
Yeas -- 21.
Nays -- None.
Senate Bill No. 440 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 422.
Bill read third time.
Roll call on Assembly Bill No. 422:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 422 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 11.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 11:
Yeas -- 21.
Nays -- None.
Assembly Joint Resolution No. 11 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.

Mr. President appointed Senators McGinness, Washington and Adler as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Joint Resolution No. 14.

Senator Raggio moved that all Senate and Assembly Bills and Joint Resolutions returned from reprint be placed on the General File for the next legislative day.
Senator Raggio requested that his remarks be entered in the Journal.
This moves the process up by one day. (For example, if a Bill or Joint Resolution is amended on Monday, it will be considered for final passage on Tuesday.)
Motion carried.

Senator Raggio moved that all Senate and Assembly Bills and Resolutions reported out of committee in need of amendments be immediately placed on the appropriate files, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
Immediately placing bills and resolutions on appropriate files will move the process up by one day. "Time permitting" gives the front desk flexibility in coordinating session agendas. At this point, more than one agenda will be established. They will be color coded and numbered in sequence. Amendments, Conference Committee Reports, etc., will be attached and distributed as a packet.
Motion carried.

Senator Raggio moved to immediately transmit Senate Bills and Resolutions to the Assembly, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
Immediately transmitting Senate Bills and Resolutions will suspend the opportunity for a Senator to give a notice of reconsideration on a bill or resolution. The Senate has no jurisdiction as to further options for legislative action, unless such action falls under the purview of unfinished business once legislation is transmitted. However, the President will announce each time when Bills and Resolutions are ready to be transmitted to the Assembly.
Motion carried.

Senator Raggio moved to recommend to Committee Chairmen to consider suspending Senate Standing Rule No. 92, which pertains to Committee Meeting notices of Bills, topics and public hearings.
Senator Raggio requested that his remarks be entered in the Journal.
This suspension will give Committees some flexibility in posting agendas and conduction meetings, and will ultimately accelerate the business of floor sessions.
Motion carried.

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

Senate in recess at 11:54 a.m.

At 11:56 a.m.
President pro Tempore Jacobsen presiding.
Quorum present.

Senator Raggio moved that the Senate adjourn until Monday, June 16, 1997 at 10:30 a.m. and that it do so in honor and memory of all fathers.
Motion carried.

Senate adjourned at 12:12 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate