NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-NINTH DAY
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Carson City (Tuesday), June 17, 1997

Senate called to order at 10:58 a.m.
President Hammargren presiding.
Roll called.
All present except Senators Neal and Rawson, who were excused.

Prayer by the Chaplain, The Rabbi Myra Soifer.
We pray, O God, that all who labor in this Senate Chamber might be mindful, this day of the potential holiness of all that they do. Amid the details, the schedules, and the varied and busy demands, may these Senators, and all who serve here, come to see their task as one of sanctifying and making meaningful the hours and days and years of the people of the State of Nevada.
May you, the members of our Nevada State Senate, perform your duties with a true sense of reverence for all you do. May you ever be guided by truths of divine and human greatness--may you indeed "Love your neighbor as yourself," "Love the stranger," and follow the mandate "Justice, justice shall thou pursue."
May your lives and your labors make political reality of the spiritual truth that every citizen of this state and every constituent of your districts is created in the image of God, is equally beloved by God, and is equally deserving of respect and caring from you.
May the words of this traditional Jewish prayer guide you:
Baruch ata Adonai, Eloheinu melech ha-olam, asher kidshnu b'mitzvotav v'tzeevanu la-a-soke b'divrei tzibur.
We praise You, Eternal God, Sovereign of the universe, who sanctifies us with divine commandments and commands us to attend to the needs of the community.
May You so attend. May the work of your hands and your hearts be both blessed and a blessing. And giving honor to God's many names, let us together say:

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 Judiciary, to which were referred Assembly Bills Nos. 412, 423, 438, 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 Bill No. 419; Assembly Bills Nos. 97, 176, 315, 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 Judiciary, to which was re-referred Senate Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended..

Mark A. James,

Chairman

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 Senate Concurrent Resolution No. 51.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 523, 560, 563.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 47, 242, 343, 354, 470, 484, 500, 536.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 47.
Senator O'Connell moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 242.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 343.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 354.
Senator O'Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 470.
Senator O'Donnell moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 484.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 500.
Senator O'Donnell moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 523.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 536.
Senator O'Donnell moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 560.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 563.
Senator O'Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 293.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 461.
Amend section 1, page 1, line 4, after "to" by inserting:
"natural resources, land use planning and the management and control of ".
Amend section 1, pages 1 and 2, by deleting lines 10 through 18 on page 1 and lines 1 through 7 on page 2, and inserting:
"estrays and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this state.
(b) Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this state.
(c) Cooperate with private organizations and governmental agencies to develop procedures and policies for the management and control of wild horses.
(d) Monitor gatherings of estrays conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.
(e) Provide the general public with information relating to the activities of the division and solicit recommendations from the general public and advisory groups concerning those activities.
(f) Make assessments of the level of competition between livestock and wildlife for food and water, collect data concerning the movement of livestock and perform activities necessary to control noxious weeds.
(g) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.".
Amend section 1, page 2, line 8, by deleting "Conduct " and inserting:
"Present testimony, conduct ".
Amend section 1, page 2, by deleting lines 12 through 14 and inserting:
"various programs administered by the division, including programs for the management and control of estrays.
(j) Make proposals to the administrator for the amendment of the regulations adopted by the board pursuant to NRS 561.105.".
Amend section 1, page 2, between lines 15 and 16, by inserting:
"3. As used in this section:
(a) "Estray" has the meaning ascribed to it in NRS 569.005.
(b) "Wild horse" has the meaning ascribed to it in NRS 504.430.".
Amend the title of the bill, third line, after "to" by inserting:
"natural resources, land use planning and the management and control of ".
Amend the summary of the bill, second line, after "to" by inserting:
"natural resources, land use planning and management and control of ".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Senator Rhoads moved that Senate Bill No. 293 be re-referred to the Committee on Finance upon return from reprint.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 319.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 589.
Amend sec. 8, page 5, by deleting lines 26 through 33.
Amend sec. 8, page 5, line 34, by deleting "3." and inserting "2.".
Amend sec. 8, page 5, line 41, by deleting "4." and inserting "3.".
Amend sec. 8, page 6, line 3, by deleting "5." and inserting "4.".
Amend sec. 8, page 6, line 11, by deleting "6." and inserting "5.".
Amend sec. 8, page 6, line 23, by deleting "7." and inserting "6.".
Amend sec. 8, page 6, by deleting lines 31 through 36.
Amend sec. 8, page 6, line 37, by deleting "9." and inserting "7.".
Amend sec. 8, page 6, line 43, by deleting "10." and inserting "8.".
Amend sec. 8, page 7, line 5, by deleting "$1,122,002" and inserting "$694,191".
Amend sec. 8, page 7, line 9, by deleting "11." and inserting "9.".
Amend sec. 8, page 7, by deleting lines 17 through 24.
Amend sec. 8, page 7, line 25, by deleting "13." and inserting "10.".
Amend sec. 8, page 7, line 28, by deleting:
"Clark and Washoe counties" and inserting "Washoe County".
Amend sec. 8, page 7, line 31, by deleting "$609,728" and inserting "$226,615".
Amend sec. 8, page 7, line 32, by deleting "$800,592" and inserting "$416,395".
Amend sec. 9, page 7, lines 36 and 37, by deleting:
"4, 5, 6, 7, 10, 11 and 13" and inserting:
"3, 4, 5, 6, 8, 9 and 10".
Amend sec. 10, page 7, line 42, by deleting:
"2, 3, 8, 9 and 12" and inserting:
"2 and 7".
Amend the title of the bill, seventh and eighth lines, by deleting "and construction".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
The following amendment was proposed by Senator Townsend:
Amendment No. 601.
Amend the bill as a whole by deleting sections 3 through 5 and inserting:
"Secs. 3-5. (Deleted by amendment.)".
Amend the title of the bill, third and fourth lines, by deleting:
"limiting certain charges for insurance coverage for mental illnesses;".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 100.
Bill read third time.
Roll call on Senate Bill No. 100:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 100 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 127.
Bill read third time.
Remarks by Senator Rhoads.
Roll call on Senate Bill No. 127:
Yeas -- 12.
Nays -- Adler, Coffin, Mathews, Schneider, Shaffer, Titus, Wiener - 7.
Excused -- Neal, Rawson - 2.
Senate Bill No. 127 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 148.
Bill read third time.
Roll call on Senate Bill No. 148:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 148 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 197.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 197:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 197 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 209.
Bill read third time.
Remarks by Senators Raggio and Titus.
Roll call on Senate Bill No. 209:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 209 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 251.
Bill read third time.
Remarks by Senators O'Donnell, Rhoads and Raggio.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 251:
Yeas -- 18.
Nays -- None.
Excused -- Neal, Rawson - 2.
Not voting -- Raggio.
Senate Bill No. 251 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 256.
Bill read third time.
Remarks by Senator Titus.
Roll call on Senate Bill No. 256:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 256 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 271.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 271:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 271 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 349.
Bill read third time.
Remarks by Senators Mathews, Raggio and O'Donnell.
Conflict of interest declared by Senators Mathews and Raggio.
Roll call on Senate Bill No. 349.
Yeas--17.
Nays--None.
Not Voting -- Mathews, Raggio - 2.
Excused -- Neal, Rawson - 2.
Senate Bill No. 349 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 374.
Bill read third time.
Roll call on Senate Bill No. 374:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 374 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 405.
Bill read third time.
Roll call on Senate Bill No. 405:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 405 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 414.
Bill read third time.
Remarks by Senator Rhoads.
Roll call on Senate Bill No. 414:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 414 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 422.
Bill read third time.
Remarks by Senators Jacobsen, Augustine, James and Raggio.
Roll call on Senate Bill No. 422:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 422 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 423.
Bill read third time.
Roll call on Senate Bill No. 423:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Bill No. 423 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 12.
Resolution read third time.
Roll call on Senate Joint Resolution No. 12:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Joint Resolution No. 12 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.

Senate Joint Resolution No. 13.
Resolution read third time.
Remarks by Senators Porter and Coffin.
Roll call on Senate Joint Resolution No. 13:
Yeas -- 16.
Nays -- Adler, James, Titus - 3.
Excused -- Neal, Rawson - 2.
Senate Joint Resolution No. 13 having received a constitutional majority, Mr. President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.

Senate Joint Resolution No. 16.
Resolution read third time.
Roll call on Senate Joint Resolution No. 16:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Senate Joint Resolution No. 16 having received a constitutional majority, Mr. President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.

Assembly Bill No. 84.
Bill read third time.
Roll call on Assembly Bill No. 84:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Assembly Bill No. 84 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

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

Senate in recess at 12:12 p.m.

SENATE IN SESSION

At 12:15 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.

GENERAL FILE AND THIRD READING

Assembly Bill No. 99.
Bill read third time.
Roll call on Assembly Bill No. 99:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Assembly Bill No. 99 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 125.
Bill read third time.
Roll call on Assembly Bill No. 125:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Assembly Bill No. 125 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 128.
Bill read third time.
Roll call on Assembly Bill No. 128:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Assembly Bill No. 128 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 427.
Bill read third time.
Roll call on Assembly Bill No. 427:
Yeas -- 19.
Nays -- None.
Excused -- Neal, Rawson - 2.
Assembly Bill No. 427 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 55, 62, 71, 213, 219, 226, 236, 287, 327, 360, 396, 431, 443, 444; Assembly Joint Resolution No. 13, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Senator Rhoads moved that Assembly Bill No. 54 be taken from the Secretary's desk and placed on General File for the next legislative day.
Remarks by Senator Rhoads.
Motion carried.

Senator Adler moved that Senate Bill No. 375 be taken from the Secretary's desk and placed on General File for the next legislative day.
Remarks by Senator Adler.
Motion carried.

UNFINISHED BUSINESS
REPORTS OF CONFERENCE COMMITTEE

Mr. President pro Tempore:
The first Committee on Conference concerning Senate Bill No. 27, consisting of the undersigned members, has met, and reports that: It has agreed to recommend that the amendment of the Assembly be concurred in.
It has further agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 3, which is attached to and hereby made a part of this report.
Conference Amendment No. 3.
Amend sec. 2, page 2, line 19, by deleting "or injury".

Mike McGinness Marcia de Braga
Ernest E. Adler P. M. Roy Neighbors
Lawrence E. Jacobsen John C. Carpenter
Senate Committee on Conference Assembly Committee on Conference
Senator McGinness moved that the Senate adopt the report of the first Committee on Conference concerning Senate Bill No. 27.
Remarks by Senator McGinness.
Motion carried.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 245, 338, 380; Senate Concurrent Resolution No. 50; Assembly Bill No. 422; Assembly Joint Resolution No. 11; Assembly Concurrent Resolutions Nos. 11, 23.

REMARKS FROM THE FLOOR

Senator Raggio requested that the following article from the Nevada Appeal dated June 17, 1997 be entered into the Journal:
SENATE WINS SOFTBALL GAME.

Little league coaches from around the west reportedly were phoning in orders for video tapes of Monday's Senate-Assembly softball game - a compendium of how not to play the game.
For the record, the "Senate team" won 14-8, but Assemblymen quickly pointed out that the Senators themselves can't claim victory.
"The Senate team scored a lot of funs," said Lynn Hettrick R-Gardnerville. "It's too bad Senators didn't do any of it."
He referred to the fact that only three of the 21 Senators - republican Mike McGinness and Democrats Ernie Adler and Bob Coffin - showed up and played. For most of the game, there were no Senators on the field.
Meanwhile, 20 Assembly members turned out and played, several of them all seven innings.
"Obviously, the Senators are so fragile they can't play anymore," said Speaker Joe Dini, D-Yerington. "Maybe we'll take them on in chess - something they can play."
Pete Ernaut, R-Reno, led the protest against what he described as too many ringers. He, on several occasions, challenged the Senate batters - all young and athletic looking.
"Hey, pal, where do you work in the building," he asked one, but was ignored.
There were a few bright spots for the Assembly, including the only out-of-park home run during the game at Centennial Park - a blast to left-center by Assemblyman David Goldwater, D-Las Vegas.
Everyone on the Assembly side except coach Dini took a turn at bat including Gene Segerblom, D-Boulder City, who admits to being a "senior citizen" for a number of years now, and Hettrick, who has to swing a bat with only one arm. Hettrick slapped the ball through the infield, but didn't make first because he tripped and fell.
Both sides were cheered on by small but rowdy groups of legislative staffers and laughing family members.
And, other than Ernaut's pulled hamstring, there were no injuries.
Senators say the victory avenges their loss on the basketball court earlier this session. They claim foul play cost them the trophy that day, just as the Assembly claims foul play for Monday's loss in softball.
But the same, held each biennium during the final days of the legislative session, served its intended purpose - to let off steam.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Greg Welch.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to State Treasurer Bob Seale, Earl Avansino, Gene Sullivan, Joe Anxo, Jack Harker and Wally Rusk.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Frontier Girl Scout Council, Troop #399: Kimberly Finch, Kristina Finch, Sydney Krueger, Christina Mitchell, Melanie Nowlin and Breann Simpson: Troop Leaders; Elizabeth Krueger and Francis Ortiz.

Senator Raggio moved that the Senate adjourn until Wednesday, June 18, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:25 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate