NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-EIGHTH DAY
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Carson City (Monday), June 16, 1997
Senate called to order at 10:44 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, Dr. Patrick Hardy.
Gracious God, You know how we have rushed to be at this place. You also know that we tend to dismiss this time to think about came before and what comes next. Forgive us for not treasuring this precious, quiet moment and for not living in the present. Help us to be centered, to quiet our minds, to still our emotions so that we may emerge from this moment refreshed, to resume the solemn responsibilities which You have set before us and to keep focused on You, the source of all wisdom, love and life itself. In Your precious 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 Finance, to which was re-referred Senate Bill No. 100, 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 Natural Resources, to which was referred Assembly Bill No. 54, 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
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 13, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 245, 338, 380.
Also, I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bills Nos. 44, 80, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 50.
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. 274.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 336.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 137, 550, 556.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 289, 361, 478, 512, 517, 520, 524, 526.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 51--Memorializing Marjorie Guild Russell.
Whereas, The members of the Nevada Legislature note with profound sorrow the passing of Marjorie Guild Russell on March 3, 1997; and
Whereas, Marjorie Guild was born to Nevada District Court Judge Clark J. Guild Sr. and Virginia Carroll Guild in Yerington, Nevada, on April 16, 1916; and
Whereas, After attending a private school in Palo Alto, California, and graduating from Mills College in Oakland, California, Marjorie Guild returned to Nevada to teach elementary school in Storey and White Pine counties from 1937 to 1938; and
Whereas, Marjorie Guild and White Pine County Assemblyman Charles Russell were married in 1939; and
Whereas, Marjorie Guild Russell was very supportive of her husband's career, which included serving as Assemblyman and Senator from White Pine County for 12 years, United States Congressman for 2 years and Governor of this state for 8 years; and
Whereas, Marjorie Guild Russell was well known for her love of this state and its history; and
Whereas, Following the lead of her father, who founded the Nevada State Museum in 1939, Marjorie Guild Russell served as a member of the Board of Trustees of the Nevada State Museum for 22 years; and
Whereas, The Marjorie Russell Textile Research Center was created in 1994, combining the clothing collections of the Nevada State Museum, the Nevada Historical Society and the School of Home Economics of the University of Nevada, Reno; and
Whereas, Marjorie Guild Russell was known as a bright, gracious and caring person; and
Whereas, One of Marjorie Guild Russell's proudest accomplishments was the raising of children, Todd and Clark of Carson City, David of Reno, Craig of Dallas, Texas, and Virginia Sakal of Ithaca, New York, who have achieved their own successes in this state and elsewhere; and
Whereas, Marjorie Guild Russell's husband, former Governor Charles Russell, passed away in 1989, and Marjorie Guild Russell is survived by her children and her brother Clark Guild Jr. of Reno; 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 offer their sincere condolences and heartfelt sympathy to the surviving family of Marjorie Guild Russell; and be it further
Resolved, That Marjorie Guild Russell will long be remembered for her many contributions to the Nevada State Museum and for her role as First Lady of the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Marjorie Guild Russell's children, Todd, Clark, David, Craig and Virginia.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President. We were all very saddened to learn of the death, on March 3, 1997, of Marjorie Guild Russell, former first Lady of our state. Some of us recall, in 1989, that we were able to honor former Governor Charles Russell who joined us in chambers. That was one of his last public appearances. He passed away later that same year. Marjorie and her family were here with us on that memorable occasion.
I believe that the Guild and Russell families, when you take them from early statehood until today, would be together a real meshing of history as to how the state was created and how it has gotten to where it is today. Any one of the members of these two families certainly have made great contributions and should be recognized on their own.
Marjorie Guild Russell was certainly the linchpin that formed the future of the family and the communities they touched. I knew Marjorie in the early days of being an attorney and somehow got into politics. I know that along the way the Russell and Guild families were always involved.
Marjorie Russell was a success in her own right. In the resolution before us, it was noted that Charles Russell was a little-known Assemblyman from White Pine County when they were married. Later he went on to serve in the Senate, in Congress and as two-term Governor of the State of Nevada. At every step of the way, Marjorie Russell stood alongside her husband. I know there are many spouses that have done that, but certainly Marjorie Russell was one of those wives who set the example. She set the example not only for a spouse who was involved in public life, but also as a mother and a teacher. She was a very caring person. She was fiercely loyal to this state and to her husband and family. There were tough times and good times. I am sure the family members that survived would say that they couldn't have made their way through those times if it had not been for her. I am pleased today that we are able to share that memory.
We have, in Carson City, the collection of first ladies dress apparel. The Textile Research Center was created by Marjorie Russell with the help of the Nevada State Museum, the Historical Society and the University of Nevada School of Home Economics. She was very appreciative of being involved in that and being of assistance in helping to collect the history of the state.
I think it significant, during the year of her death, to pause for a moment and take note of an individual who graced our state as a first lady and also one who helped to shape our state history. Today, we honor the memory of Marjorie Guild Russell.
Senator Jacobsen:
Thank you, Mr. President. I would be remiss if I did not say a few words on this resolution. Listening to Senator Raggio speaking on the history of both the Guild and Russell families, I am reminded of one instance in late 1969. I became the recipient of an article which I thought was of tremendous value. We were remodeling the old capitol at the time and John Koontz called and asked me to come see him as he had something for me. After seeing what he had, I wished that I had not seen it. It was a portrail of Charles Russell. Not knowing exactly how to handle it, I called Marjorie Russell and told her that I needed to speak with her about something I had. She invited me over and I took Ray Knisley and Art Palmer with me for backup. I had them all sit down and showed them the picture and told them that the decision was theirs as to what to do with it. As you know, we approve money for portraits of the governs which are hung in the capitol building. When he was governor, Charlie was not too pleased with his portrait. Marjorie said "before you say anything, I am going to tell you to burn it." So, that was what we did. I was afraid she might say to put it in the museum and it certainly did not belong there. We burned it in the fireplace at Art Palmer's house.
Many times, I think how history can be cruel in a sense. The portrait did not look like Charles Russell, but it is something I will never forget. I remember how staunch she was in her opinion to burn it. As you think about those things, it is those kinds of people that help to make the State of Nevada as great as it is. Certainly, Charlie and Marjorie deserve all the credit the good Lord can give them.
Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 51 be immediately transmitted to the Assembly.
Motion carried.
Senator Rhoads moved that Senate Bill No. 127 be taken from the Secretary's desk and placed on General File.
Motion carried.
Senator Adler moved that Senate Bill No. 374 be taken from the Secretary's desk and placed on General File.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 467--An Act relating to state employees; requiring certain state agencies to allow classified employees to select their schedules of work based on the seniority of the employees; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Finance:
Senate Bill No. 468--An Act relating to financial administration; authorizing the use of money in the state permanent school fund to guarantee certain bonds issued by school districts; 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. 137.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 289.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 361.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 478.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 512.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 517.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 520.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 524.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 526.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 550.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 556.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 148.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 519.
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
"an administrative hearing conducted pursuant to the provisions of 20 U.S.C. §1415 on behalf of a party to that hearing. The subpoena must be signed by".
Amend sec. 3, page 2, by deleting lines 31 and 32 and inserting:
"an administrative hearing conducted pursuant to the provisions of 20 U.S.C. §1415 on behalf of a party to that hearing. The subpoena must be signed by".
Amend the bill as a whole by renumbering sec. 4 as sec. 7 and adding new sections, designated sections 4 through 6, and the text of the repealed section, following sec. 3, to read as follows:
"Sec. 4. NRS 449.460 is hereby amended to read as follows:
449.460The director may:
1. Adopt regulations respecting the exercise of the powers conferred by NRS 449.450 to 449.530, inclusive.
2. Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of NRS 449.450 to 449.530, inclusive, and may subpoena witnesses, financial papers, records and documents in connection therewith. An order requiring the filing of information or a subpoena issued pursuant to this subsection must state the purpose for which it is issued. The director may also administer oaths in any hearing or investigation.
3. Exercise, subject to the limitations and restrictions imposed in NRS 449.450 to 449.530, inclusive, all other powers which are reasonably necessary to carry out the expressed objects of those sections.
4. Delegate to any of the divisions of the department the authority to carry out the provisions of NRS 449.450 to 449.530, inclusive.
Sec. 5. NRS 449.510 is hereby amended to read as follows:
449.5101. The director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with him pursuant to NRS 449.450 to 449.530, inclusive, as will advance the purposes of those sections. All such summaries, compilations and reports are open to public inspection, must be made available to requesting agencies and must be prepared within a reasonable time following the end of each institution's fiscal year or more frequently as specified by the director. [The summaries, compilations and reports must include information regarding each hospital's average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.]
2. The director shall not collect, maintain, disclose , [or] report or publish the details of contracts entered into by a hospital, or collect, maintain, disclose , [or] report or publish information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the director may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not collect, maintain, disclose , [or] report or publish information disclosed to the agency by the director pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital. The director may review any such contracts at the hospital or at a location specified by the hospital.
3. As used in this section, "related entity" means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 6. NRS 439A.106 is hereby repealed.
TEXT OF REPEALED SECTION
439A.106Department to prepare listing of hospitals and charges for services; disclosure of details of contracts.
1. The department shall prepare annually and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospital's average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The department shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the department may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the department pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. As used in this section, "related entity" means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.".
Amend the title of the bill to read as follows:
- "An Act relating to governmental services; authorizing the department of human resources and the department of education to issue subpoenas at an administrative hearing conducted pursuant to certain federal law; revising other provisions governing the issuance of specified subpoenas by the department of human resources; repealing the requirement that the department of human resources disseminate a listing of hospitals and their charges for services and prohibiting the department from collecting or maintaining certain information; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "Summary--Makes various changes relating to subpoenas issued by department of human resources and department of education and revises provisions governing dissemination of certain information by department of human resources. (BDR 18-591)".
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 271.
Bill read second time and ordered to third reading.
Senate Bill No. 349.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 595.
Amend section 1, page 2, line 38, after "1997." by inserting:
"A person employed by the authority to provide police service shall be deemed to be a peace officer for the purposes of determining retirement benefits under the public employees' retirement system.".
Amend the title of the bill, third line, after "authority;" by inserting:
"providing that such a person is a peace officer for the purposes of the provisions governing public employees' retirement;".
Amend the summary of the bill to read as follows:
- "Summary--Makes various changes concerning person who provides police services to Airport Authority of Washoe County. (BDR 23-889)".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell and Raggio.
Senator Raggio announced that due to a conflict, he would abstain from voting on the amendment and also on the bill on General File.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 405.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 517.
Amend section 1, page 1, line 7, by deleting "claims" and inserting:
"claims, other than self-insured tort claims,".
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. Section 3 of Assembly Bill No. 324 of this session is hereby amended to read as follows:
- Sec. 3. NRS 331.187 is hereby amended to read as follows:
- 331.187
- 1. There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for [the use of] use by the risk management division of the department of administration [.] and the attorney general.
- 2. Each state agency shall deposit in the fund [an] :
- (a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the risk management division [.] ; and
- (b) An amount for self-insured tort claims and expenses related to those claims, as determined by the attorney general.
- 3. Expenditures from the fund must be made by the risk management division [to] or the attorney general to an insurer for premiums of state agencies as they become due [and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037.] or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the fund is insufficient to pay a tort claim, it must be paid from the reserve for statutory contingency account.".
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 422.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 12.
Resolution read second time and ordered to third reading.
Senate Joint Resolution No. 16.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 608.
Amend the resolution, page 2, by deleting lines 16 through 25 and inserting:
"support for the establishment and operation of one or more public shooting ranges and recreational facilities in Clark County; and be it further
Resolved, That the Legislature of the State of Nevada hereby urges the public and private entities interested in establishing and operating public shooting ranges and recreational facilities in Clark County to work cooperatively to achieve this objective; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the District Manager of the Bureau of Land Management in Clark County,
the State Director of the Bureau of Land Management, the Director of the Clark County Department of Parks and Recreation and the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources; and be it further
Resolved, That the Legislature of the State of Nevada hereby urges the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources to provide copies of this resolution to private organizations interested in establishing and operating public shooting ranges and recreational facilities in Clark County; and be it further".
Amend the preamble of the resolution, pages 1 and 2, by deleting lines 1 through 21 on page 1 and lines 1 through 13 on page 2 and inserting:
"Whereas, The population of Clark County, Nevada, has increased dramatically in recent years to an estimated population of more than 1.1 million; and
Whereas, Because of the increased growth in the population of Clark County, several areas in the county used as shooting ranges have been closed because they were public health hazards; and
Whereas, Because of the closure of those areas, many residents of Clark County do not have a legal shooting range upon which to use their firearms; and
Whereas, Persons from the Division of Wildlife of the State Department of Conservation and Natural Resources, the Bureau of Land Management in Clark County, the Clark County Department of Parks and Recreation and several private organizations have determined a need for the establishment of a safe and properly supervised shooting range and recreational facility for use by the residents of Clark County; and
Whereas, The commitment of a significant amount of land and financial resources in one or more locations in Clark County will be necessary to address this demonstrated need effectively and safely; now, therefore, be it".
Amend the title of the resolution to read as follows:
- "Senate Joint Resolution--Urging interested public and private entities to work cooperatively for the establishment and operation of public shooting ranges and recreational facilities in Clark County, Nevada.".
Amend the summary of the resolution to read as follows:
- "Summary--Urges interested public and private entities to work cooperatively for establishment and operation of public shooting ranges and recreational facilities in Clark County, Nevada. (BDR R-1378)".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Assembly Bill No. 55.
Bill read second time and ordered to third reading.
Assembly Bill No. 62.
Bill read second time and ordered to third reading.
Assembly Bill No. 71.
Bill read second time and ordered to third reading.
Assembly Bill No. 125.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 549.
Amend sec. 2, page 2, lines 36 and 37, by deleting "and micrographics".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 213.
Bill read second time and ordered to third reading.
Assembly Bill No. 287.
Bill read second time and ordered to third reading.
Assembly Bill No. 396.
Bill read second time and ordered to third reading.
Assembly Bill No. 443.
Bill read second time and ordered to third reading.
Assembly Bill No. 444.
Bill read second time and ordered to third reading.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 16, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 11, 46.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
- Assembly Concurrent Resolution No. 11. --Memorializing former Speaker of the Assembly and Mayor of the City of Sparks, Chester S. "Chet" Christensen.
Whereas, On March 2, 1997, the State of Nevada was saddened by the passing of Chester S. Christensen, a man whose service in state government spanned four decades; and
Whereas, Chet Christensen was born in April of 1916 to James and Mary Estella Rawson of Ogden, Utah; and
Whereas, After attending Weber College on a music scholarship, Chet Christensen moved to northern Nevada where he was a member of the Reno Lions Club Quartet, performed as a singer in nightclubs and on radio, worked as a fireman for the Southern Pacific Railroad out of Sparks and was a member of the Brotherhood of Locomotive Firemen and Engineers, Truckee Lodge 19; and
Whereas, Chet Christensen became Assemblyman Christensen in 1949, serving seven terms, including one term, 1955, as Speaker Pro Tempore and two terms, 1959 and 1961, as Speaker of the Assembly, and retiring on June 12, 1963, to take up the post of Mayor of the City of Sparks, whose residents knew him as the "Singing Mayor"; and
Whereas, During his time as an Assemblyman and Mayor, Chet Christensen's leadership was exemplified through legislation to regulate the gaming industry and to establish Nevada's program for aid to dependent children, as well as the creation of the first office of city manager in the State of Nevada and a wide array of other positive legacies for the residents of this state; and
Whereas, In 1975, friends and colleagues within the Nevada Legislature welcomed back Assemblyman Christensen for an eighth term of service in the Assembly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State of Nevada grieves the passing of Chester S. Christensen and expresses its gratitude for his many years of service; and be it further
Resolved, That the State of Nevada extends its sincere condolence to the Christensen family on the loss of both Chet and Odessa Christensen, who preceded Chet in passing by merely 2 weeks; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Richard and Jim Christensen, the surviving sons of Chet and Odessa.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senator Jacobsen.
Senator Jacobsen requested that his remarks be entered in the Journal.
Thank you, Mr. President. As I look around this Chamber, I see that I am the only member who served with Chet Christensen. Let me indicate to you that he was a master in his own right. He was Speaker of the House when I was a member. He was known as the "songbird" of the group. It was never necessary to encourage him to sing especially songs like "Danny Boy." Hardly a week went by that he did not rise and give us a rendition. He had a lovely voice.
In those days, the Democrats were in charge, but it was not as political in those days as it in today. We worked together as a team. We only had two meeting rooms in the old building, three if you counted the men's restroom.
All in all, Chet was a real old standby. He retained a great amount of the history of this state, was a railroader and ran us down the tracks many, many times. It was really a joy and a pleasure to serve with him and an honor for me to follow him as Speaker of the Assembly. I think I learned most everything I needed to know from him. I would certainly ask you to adopt this resolution honoring Chet Christensen.
Resolution adopted.
Assembly Concurrent Resolution No. 46.
Senator O'Donnell moved the adoption of the resolution.
Resolution adopted.
GENERAL FILE AND THIRD READING
Senate Bill No. 158.
Bill read third time.
Remarks by Senators Raggio and Mathews.
Roll call on Senate Bill No. 158:
Yeas -- 21.
Nays -- None.
Senate Bill No. 158 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 233.
Bill read third time.
Roll call on Senate Bill No. 233:
Yeas -- 21.
Nays -- None.
Senate Bill No. 233 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 255.
Bill read third time.
Remarks by Senators Titus and O'Donnell.
Roll call on Senate Bill No. 255:
Yeas -- 21.
Nays -- None.
Senate Bill No. 255 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 275.
Bill read third time.
Roll call on Senate Bill No. 275:
Yeas -- 18.
Nays --McGinness, O'Connell, Rhoads - 3.
Senate Bill No. 275 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 328.
Bill read third time.
Roll call on Senate Bill No. 328:
Yeas -- 21.
Nays -- None.
Senate Bill No. 328 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 345.
Bill read third time.
Remarks by Senator Coffin.
Conflict of interest declared by Senator Coffin.
Roll call on Senate Bill No. 345:
Yeas -- 20.
Nays -- None.
Not voting -- Coffin.
Senate Bill No. 345 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 382.
Bill read third time.
Roll call on Senate Bill No. 382:
Yeas -- 20.
Nays -- Augustine.
Senate Bill No. 382 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 406.
Bill read third time.
Roll call on Senate Bill No. 406:
Yeas -- 21.
Nays -- None.
Senate Bill No. 406 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 417.
Bill read third time.
Remarks by Senators Titus and Raggio.
Roll call on Senate Bill No. 417:
Yeas -- 15.
Nays -- Adler, Augustine, O'Connell, Titus, Washington, Wiener - 6.
Senate Bill No. 417 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 127.
Bill read third time.
The following amendment was proposed by Senator Rhoads:
Amendment No. 674.
Amend section 1, page 2, line 7, by deleting "[10] 5" and inserting "10".
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. 374.
Bill read third time.
The following amendment was proposed by Senator Adler:
Amendment No. 618.
Amend section 1, page 1, by deleting lines 8 through 13 and inserting:
"3. The attorney general shall render to the Nevada tax commission opinions upon the construction or interpretation of the laws of this state.".
Amend section 1, page 2, by deleting line 7 and inserting "counsel.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"commission to contract for independent counsel for certain actions or proceedings; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "Summary--Revises provisions governing representation of Nevada tax commission in certain legal actions and proceedings. (BDR 32-1051)".
Senator Adler moved the adoption of the amendment.
Remarks by Senators Adler, Raggio, Townsend, McGinness and Neal.
Amendment adopted.
Bill order reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for the remainder of the session, to dispense with reading the history of all bills and resolutions.
Motion carried.
Senator Raggio moved that Assembly Bills Nos. 84, 99, 219, 226, 327, 360, 427, 431; Assembly Joint Resolution No. 13, be taken from the General File and placed on General File for the next legislative day.
Motion carried.
REPORTS OF COMMITTEES
Mr. President:
Your Committee on Finance, to which were referred Senate Bill No. 209, Assembly Bill No. 236, 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 referred Senate Bill No. 319, 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 Natural Resources, to which was referred Senate Bill No. 293, 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 Finance.
Dean A. Rhoads,
Chairman
SECOND READING AND AMENDMENT
Assembly Bill No. 54.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 610.
Amend section 1, page 1, by deleting line 3 and inserting:
"context otherwise requires:
1. "Permit" does not include a permit issued by the division pursuant to NRS 502.390 authorizing the development or maintenance of an artificial or man-made body of water.
2. "Wildlife [violation"] conviction" means a".
Amend section 1, page 1, line 8, by deleting "1." and inserting "(a)".
Amend section 1, page 1, line 9, after "502.370," by inserting "502.390,".
Amend section 1, page 1, line 11, by deleting "2." and inserting "(b)".
Amend sec. 3, page 2, line 43, after "revoked " by inserting:
"pursuant to this section".
Amend sec. 3, page 3, line 5, by deleting "revoked," and inserting:
"revoked pursuant to this section,".
Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. NRS 501.388 is hereby amended to read as follows:
501.3881. The commission may [:] , in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this Title:
(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, [in addition to the penalty imposed,] and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and
(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag, [in addition to the penalty imposed,] and may:
(1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years; and
(2) Revoke that person's privilege to apply for any big game tag for a period not to exceed 10 years.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.".
Amend the title of the bill, first line, after "governing" by inserting:
"the requirements for the issuance of a hunting license and".
Amend the summary of the bill, first line, after "governing" by inserting:
"requirements for issuance of hunting license and".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senators Rhoads and O'Donnell.
Senator Rhoads moved that Assembly Bill No. 54 be taken from the Second Reading File and placed on the Secretary's desk.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 100.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 588.
Amend sec. 16, page 3, line 25, by deleting "A" and inserting:
"Except as otherwise provided in subsection 4, a".
Amend sec. 16, page 3, between lines 40 and 41 by inserting:
"4. Before filing a petition pursuant to this section, a district attorney shall request the division to determine whether there is:
(a) An appropriate mental health facility in this state, any other state of the United States or the District of Columbia to which the person named in the petition may be committed; and
(b) Sufficient money available from the amounts appropriated by the legislature for the operation of the program to pay the costs of committing the person to the program.
If the division determines that there is no appropriate facility to which the person named in the petition may be committed or that there is insufficient money to pay the costs of committing that person to the program, the district attorney shall not file the petition.".
Amend sec. 32, page 8, line 43, after "predators." by inserting:
"A qualified professional may be a resident of this state, any other state of the United States or the District of Columbia.".
Amend sec. 32, page 9, line 3, after "treatment." by inserting:
"The mental health facilities made available pursuant to this subsection may be located in this state, any other state of the United States or the District of Columbia.".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 49; Assembly Bills Nos. 223, 263, 274, 509; Assembly Concurrent Resolution No. 36.
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 Mr. and Mrs. Richard Christensen and Mr. and Mrs. Jim Christensen.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Wayne Keele.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Jerry Olenyn, Clark G. Russell, C. David Russell, James T. Russell and Joseph Guild, Jr..
Senator Raggio moved that the Senate adjourn until Tuesday, June 17, 1997 at 10:30 a.m. and that it do so in memory of Mrs. Mabel Rawson.
Motion carried.
Senate adjourned at 12:30 p.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate