NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-SEVENTH DAY
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Carson City (Wednesday), June 25, 1997

Senate called to order at 11:08 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Marvin Dennis.
Heavenly Father, You have taught us in Your Word that "all things work together for good to those that love You".
I pray that in the final weeks of this session that these senators will sense that You are working things out for our good through their hard work and long hours they sacrifice to give to serve the State of Nevada.
I pray that in their personal and secular life outside the senate that You will shower these servants with Your abundant life and love. In the name of my Saviour, I pray.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 126, 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.

RANDOLPH J. Townsend,

Mr. President:
Your Committee on Finance, to which was referred Senate Bill No. 459, 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 Taxation, to which were referred Senate Bills Nos. 403, 424, 452, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 24, 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. 221, 255.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 75, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent ResolutionS Nos. 39, 55, 56, 57.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 96, 585, 590, 599.
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. 80 and requests a conference, and appointed Assemblymen Koivisto, Herrera and Sandoval 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 concurred in the Senate amendments to Assembly Bills Nos. 84, 97, 148, 176, 315, 386.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Porter:
Senate Bill No. 481--An Act relating to the sale of subdivided land; requiring a developer to disclose to a purchaser the location in the subdivision and on all contiguous land of all rights of way and easements for transmission lines of public utilities that supply electricity; providing a penalty; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Finance:
Senate Bill No. 482--An Act relating to education; requiring the department of education to evaluate the performance of public schools; placing a school on academic probation under certain circumstances based upon its evaluation; requiring the department under certain circumstances to establish a panel to supervise the academic probation of a school; revising the provisions relating to the accountability of public schools; revising provisions governing the financial reports of a school district; creating a commission on educational technology; revising provisions governing the administration of certain examinations to pupils; requiring pupils to participate in remedial programs under certain circumstances; creating a legislative committee on education; creating a legislative bureau of educational accountability and program evaluation; creating a council to establish academic standards for public schools; requiring the state board of education to adopt the academic standards; making appropriations; 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. 96.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 585.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 590.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 599.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 291.
Bill read third time.
Roll call on Senate Bill No. 291:
Yeas -- 21.
Nays -- None.
Senate Bill No. 291 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 38.
Bill read third time.
Roll call on Assembly Bill No. 38:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 38 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 240.
Bill read third time.
Roll call on Assembly Bill No. 240:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 240 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 369.
Bill read third time.
Roll call on Assembly Bill No. 369:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 369 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 452.
Bill read third time.
Remarks by Senator Regan.
Roll call on Assembly Bill No. 452:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 452 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 548.
Bill read third time.
Roll call on Assembly Bill No. 548:
Yeas -- 19.
Nays -- None.
Not voting -- Coffin, Porter - 2.
Assembly Bill No. 548 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 573.
Bill read third time.
Roll call on Assembly Bill No. 573:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 573 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS
Consideration of Assembly Amendments

Senate Bill No. 297.
The following Assembly amendment was read:
Amendment No. 650.
Amend sec. 24, page 20, line 35, after "acknowledged " by inserting:
", and a certificate of acceptance of appointment executed by the resident agent of the corporation,".
Amend sec. 24, page 20, by deleting line 38 and inserting:
"82.146 or 82.176, it must comply with the provisions of those sections and pay the fees required ".
Amend sec. 29, page 23, by deleting lines 20 and 21 and inserting:
"3. The [signatures and acknowledgments of the incorporators] following may be omitted from the restated articles [.] :
(a) The names, addresses, signatures and acknowledgments of the incorporators;
(b) The names and addresses of the members of the past and present board of directors; and
(c) The name and address of the resident agent.".
Amend sec. 83, page 44, line 36, after "sections" by inserting "23,".
Amend sec. 83, page 45, line 1, by deleting "23," and inserting "22,".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 297.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 115, 400, 522, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which was referred Assembly Bill No. 434, 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. 429; Assembly Bill No. 61, 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 Taxation, to which was referred Assembly Bill No. 520, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

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

SECOND READING AND AMENDMENT

Senate Bill No. 126.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 732.
Amend section 1, page 1, by deleting lines 8 through 15 and inserting:
"(a) Make available, at [such charges as may be determined upon,] the charges established by the state hygienic laboratory pursuant to this section, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.
(b) [To make] Conduct necessary examinations and analyses of water, natural ice, sewage, milk, food [,] and clinical material.
(c) [To conduct] Conduct research into the nature, cause, diagnosis and control of ".
Amend section 1, pages 1 and 2, by deleting lines 19 through 21 on page 1 and lines 1 and 2 on page 2 and inserting:
"3. If the state hygienic laboratory conducts a chemical examination or analysis of water for a nongovernmental entity, the state hygienic laboratory shall charge a fee for conducting that examination or analysis. The fee must not be less than the reasonable and customary fee charged in this state for conducting such an examination or analysis, as determined by the state hygienic laboratory. The state hygienic laboratory may impose any fees or charges it deems appropriate for conducting any other examinations or analyses conducted by it pursuant to this section.
4. The state hygienic laboratory shall not expend any money received from legislative appropriations to pay the costs of conducting a chemical examination or analysis of water for a nongovernmental entity.".
Amend section 1, page 2, line 3, by deleting "4." and inserting "5.".
Amend section 1, page 2, line 6, by deleting "5." and inserting "6.".
Amend the title of the bill to read as follows:
"An Act relating to public health; requiring the state hygienic laboratory to charge a fee for conducting a chemical examination or analysis of water for a nongovernmental entity; prohibiting the state hygienic laboratory from expending money received from legislative appropriations to pay the costs of conducting such an examination or analysis; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing certain examinations and analyses conducted by state hygienic laboratory. (BDR 40-105)".
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Neal and Titus.
Amendment adopted.
Senator Townsend moved that Senate Bill No. 126 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. 355.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 832.
Amend the bill as a whole by renumbering section 1 as sec. 10 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. "Foreign exchange student" means a student:
1. Whose legal residence is not in the United States;
2. Who comes into this state to attend an educational institution for 1 school year; and
3. Who returns to his legal residence at the end of that school year.
Sec. 3. "International instructor" means a person:
1. Who is at least 18 years of age;
2. Whose legal residence is not in this state;
3. Who comes into this state to teach at an educational institution for an indefinite period; and
4. Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver's license or identification card.
Sec. 4. "International student" means a student:
1. Who is at least 18 years of age;
2. Whose legal residence is not in this state;
3. Who comes into this state to attend an educational institution for an indefinite period; and
4. Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver's license or identification card.
Sec. 5. 1. The department may issue a Nevada driver's license to an international student or instructor who declares himself to be a resident of this state for the limited purpose of obtaining a driver's license.
2. An application for a driver's license pursuant to this section must be made on a form provided by the department.
3. A driver's license issued pursuant to this section:
(a) Expires on the first anniversary date of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. The license may be extended for an additional year, not to exceed 3 additional years:
(1) If the licensee submits such proof as may be required by the department that he is an international student or instructor; and
(2) Upon the payment of a fee for the extension that is established by the department in an amount necessary to cover the administrative expense of extending the license.
(b) Must be renewed on the fourth anniversary date of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.
4. No license may be issued pursuant to this section until the department is satisfied fully as to the applicant's competency and fitness to drive a motor vehicle.
Sec. 6. NRS 483.020 is hereby amended to read as follows:
483.020As used in NRS 483.010 to 483.630, inclusive, and section 5 of this act, unless the context otherwise requires, the words and [phrases] terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4 of this act, have the meanings [respectively] ascribed to them in those sections.
Sec. 7. NRS 483.115 is hereby amended to read as follows:
483.115"Out-of-state student" means a student [whose] :
1. Whose legal residence is not in this state [and who] ;
2. Who comes into [Nevada for the purpose of attending] this state to attend an educational institution [.] ; and
3. Who returns to his legal residence during the summer months.
Sec. 8. NRS 483.141 is hereby amended to read as follows:
483.1411. "Resident" includes , but is not limited to , a person:
(a) Whose legal residence is in the State of Nevada.
(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state.
(d) Who declares himself to be a resident of [Nevada for purposes of obtaining] this state to obtain privileges not ordinarily extended to nonresidents of this state.
2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.
3. The provisions of this section do not apply to drivers of vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, 482.385, 482.390 or 482.395.
Sec. 9. NRS 483.380 is hereby amended to read as follows:
483.3801. [Every] Except as otherwise provided in section 5 of this act, every driver's license expires on the fourth anniversary of the licensee's birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable at any time before its expiration upon application and payment of the required fee.
3. The department may, by regulation, defer the expiration of the driver's license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.".
Amend the title of the bill, first line, after "vehicles;" by inserting:
"revising the definition of "resident" for the purposes of determining persons who are required to obtain a driver's license; revising the requirements for the issuance of a driver's license to an international student or instructor;".
Amend the summary of the bill, first line, by deleting:
"fees related to commercial" and inserting "issuance of ".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell, Regan and Augustine.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 403.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 764.
Amend sec. 2, page 1, line 17, by deleting:
"a copy of ".
Amend sec. 2, page 2, line 4, by deleting the italicized period and inserting:
"on the date of the application.".
Amend sec. 2, page 2, line 6, after "period of " by inserting:
"not more than".
Amend sec. 2, page 2, lines 9 and 10, by deleting:
"on or before the day it becomes due." and inserting:
"for a period equal to the life expectancy of the youngest titleholder of the property.".
Amend sec. 2, page 2, line 14, by deleting "2," and inserting "3,".
Amend sec. 2, page 2, line 23, by deleting the italicized period and inserting:
"that is described in the deed for that property.".
Amend sec. 2, page 2, line 37, after "directly" by inserting "and indirectly".
Amend sec. 2, page 2, line 38, after "directly" by inserting "and indirectly".
Amend sec. 2, page 2, lines 43 and 44, by deleting:
"made pursuant to an agreement to establish allodial title" and inserting:
", which must reflect any increase or decrease in the assessed valuation of the property since the date of the application,".
Amend sec. 2, page 3, line 6, by deleting the italicized period and inserting:
"that is described in the deed for that property.".
Amend sec. 3, page 3, by deleting lines 12 and 13 and inserting:
"titleholder for the property, unless the allodial title".
Amend sec. 3, page 3, line 17, by deleting "who" and inserting:
"of the annual taxes due based on the date of the certificate of allodial title. The state treasurer ".
Amend sec. 4, page 4, line 14, by deleting:
"a copy of ".
Amend sec. 4, page 4, line 24, after "period of " by inserting:
"not more than".
Amend sec. 4, page 4, lines 28 and 29, by deleting:
"on or before the day it becomes due." and inserting:
"for a period equal to the life expectancy of the youngest titleholder of the property.".
Amend sec. 4, page 4, line 42, by deleting the italicized period and inserting:
"that is described in the deed for that property.".
Amend sec. 4, page 5, line 13, after "directly" by inserting "and indirectly".
Amend sec. 4, page 5, line 14, after "directly" by inserting "and indirectly".
Amend sec. 4, page 5, lines 19 and 20, by deleting:
"made pursuant to an agreement to establish allodial title" and inserting:
", which must reflect any increase or decrease in the assessed valuation of the property since the date of the application,".
Amend sec. 4, page 5, line 26, by deleting the italicized period and inserting:
"that is described in the deed for that property.".
Amend sec. 5, page 5, line 32, by deleting "90 " and inserting "150 ".
Amend sec. 5, page 5, line 39, by deleting:
"an heir or " and inserting "all ".
Amend sec. 5, page 6, line 1, by deleting "any." and inserting:
"any, as required by subsection 4.".
Amend sec. 5, page 6, line 11, after "directly" by inserting "and indirectly".
Amend sec. 5, page 6, line 12, after "directly" by inserting "and indirectly".
Amend sec. 5, page 6, by deleting lines 16 and 17 and inserting:
"4. If the result of the calculations made pursuant to subsection 3:
(a) Is less than $25, the amount must be credited to the allodial title account for stabilization.
(b) Is at least $25, but less than $50, $25 must be refunded to the allodial titleholders or heirs and the remaining amount must be credited to the allodial title account for stabilization.
(c) Is at least $50, $25 must be credited to the allodial title account for stabilization and the remaining amount must be refunded to the allodial titleholders or heirs.
The state treasurer is required to prepare only one refund pursuant to this subsection.".
Amend sec. 5, page 6, line 24, by deleting "same".
Amend sec. 6, page 6, line 40, by deleting "1 " and inserting "2 ".
Amend sec. 6, page 6, line 43, after "fund " by inserting:
"more than 5 business days".
Amend sec. 6, page 7, by deleting lines 2 through 4 and inserting:
"obligations which would be legal investments for the state pursuant to NRS 355.140.".
Amend sec. 7, page 8, line 15, by deleting "$1,500." and inserting "$4,500.".
Amend sec. 7, page 8, line 19, by deleting "$100,000" and inserting "$500,000".
Amend sec. 8, page 9, line 39, by deleting "$1,500" and inserting "$4,500".
Amend sec. 8, page 10, line 28, by deleting "like" and inserting "similar".
Amend sec. 8, page 11, line 3, by deleting "$100,000" and inserting "$500,000".
Amend sec. 9, page 12, line 33, by deleting "$1,500." and inserting "$4,500.".
Amend sec. 9, page 12, line 37, by deleting "$100,000" and inserting "$500,000".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 424.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 671.
Amend section 1, page 1, line 2, by deleting:
"2 and 3" and inserting:
"2, 3 and 4".
Amend the bill as a whole by deleting sections 2 through 4 and adding new sections designated sections 2 through 5, following section 1, to read as follows:
"Sec. 2. An ordinance adopted by a city or county after October 1, 1997, which imposes or increases a tax or fee on a private enterprise that is measured by the income or revenue of the enterprise, including, without limitation, any fee imposed for the regulation and licensing of a business or occupation, must include a statement of:
1. The need for and purpose of the ordinance.
2. The intended use for the revenue to be obtained pursuant to the ordinance.
3. The estimated adverse and beneficial economic effects of the ordinance on the enterprises subject thereto.
4. The estimated cost to the city or county to enforce the ordinance.
Sec. 3. An ordinance of a city or county which requires the payment by a private enterprise of a tax or fee measured by the income or revenue of the enterprise, including, without limitation, any fee imposed for the regulation and licensing of a business or occupation, must:
1. Exclude from gross revenue any tax on fuel or on retail sales which is collected by the enterprise, and require the proprietor of the enterprise to maintain adequate accounting records and supporting documentation for determining the relevant sums.
2. Provide that any audit of the amount due from the enterprise must not include any period for the licensing of the business ending more than 3 years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.
3. Provide a procedure for the proprietor of the enterprise to obtain a review of the results of an audit performed pursuant to subsection 2. To the extent practicable, the procedure must:
(a) Require the auditor to disclose the results of the audit to the proprietor, discuss any relevant issues that have not previously been resolved and attempt to resolve those issues.
(b) If those issues are not resolved through compliance with paragraph (a):
(1) Authorize the proprietor to prepare documentation of those issues and submit the documentation with a copy of the final audit report to an administrative officer responsible for the enforcement of the ordinance; and
(2) Require the administrative officer:
(I) Within 7 days after receiving the documentation, to acknowledge that receipt; and
(II) Within 30 days after receiving the documentation, to respond to the proprietor regarding those issues.
(c) If those issues are not resolved through compliance with paragraph (b), require:
(1) The administrative officer to submit the documentation to the chief administrative officer of the administrative agency responsible for the enforcement of the ordinance and notify the proprietor that the matter is being reviewed by the chief administrative officer; and
(2) The chief administrative officer, within 60 days after receipt of the documentation by the administrative officer pursuant to paragraph (b), to review the documentation and inform the proprietor of his decision regarding the resolution of those issues.
(d) If the proprietor is not satisfied with the resolution of those issues pursuant to paragraph (c), authorize the proprietor to appeal the matter to a board, hearing officer or other person designated by the city or county.
(e) If the proprietor is not satisfied with the resolution of those issues pursuant to paragraph (d), authorize the proprietor, except as otherwise provided in this paragraph, to appeal the matter to the municipal court if the tax or fee is imposed by a city or to the justice's court if the tax or fee is imposed by a county. If the amount in controversy exceeds the jurisdiction of the municipal or justice's court, or if the municipal or justice's court makes a determination adverse to the proprietor, the proprietor may appeal the matter to the district court.
Sec. 4. If an audit is performed pursuant to subsection 2 of section 3 of this act:
1. The proprietor of the enterprise has those rights set forth in NRS 360.291 that are applicable to the audit.
2. The proprietor must be informed of his rights in writing, including his rights relating to the procedure required by subsection 3 of section 3 of this act.
3. The proprietor must be given notice, in writing, of the amount of any interest or penalties required to be paid as a result of the audit.
Sec. 5. On and after October 1, 1997, if an ordinance must be amended to conform to the provisions of section 3 of this act, but is not amended by the appropriate local governing body:
1. An audit of the amount due from a private enterprise must not include any period for the licensing of the business ending more than 3 years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.
2. The proprietor of the enterprise may obtain a review of the results of the audit in the manner required by subsection 3 of section 3 of this act.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 452.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 685.
Amend section 1, page 1, by deleting lines 10 through 12 and inserting:
"purposes of this chapter.] and an emulsion of water-phased hydrocarbon fuel, as that term is defined in section 2 of this act.".
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. Chapter 366 of NRS is hereby amended by adding thereto a new section to read as follows:
"Emulsion of water-phased hydrocarbon fuel" means a mixture of any hydrocarbon and water if the water is at least 20 percent by volume of the total mixture.
Sec. 3. NRS 366.020 is hereby amended to read as follows:
366.020As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.".
Amend sec. 2, page 1, by deleting lines 16 through 18 and inserting:
"of motor vehicles, [except that it] including an emulsion of water-phased hydrocarbon".
Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding new sections designated sections 5 and 6, following sec. 2, to read as follows:
"Sec. 5. NRS 366.190 is hereby amended to read as follows:
366.1901. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 27 cents per gallon on the sale or use of special fuels.
2. A tax is hereby imposed at [the] :
(a) The rate of 19 cents per gallon on the sale or use of an emulsion of water-phased hydrocarbon fuel;
(b) The rate of [23] 22 cents per gallon on the sale or use of liquefied petroleum gas ; and
(c) The rate of 21 cents per gallon on the sale or use of compressed natural gas.
Sec. 6. NRS 366.197 is hereby amended to read as follows:
366.197For the purpose of taxing the sale or use of compressed natural gas , [or liquefied petroleum gas,] 125 cubic feet of natural gas [or liquefied petroleum gas] shall be deemed to equal 1 gallon of special fuel.".
Amend the title of the bill to read as follows:

"An Act relating to the tax on special fuel; providing for the taxation of emulsions of water-phased hydrocarbon fuel as special fuel; revising the rate of the tax on the sale or use of liquefied petroleum gas and compressed natural gas; eliminating the conversion factor for liquefied petroleum gas used in the calculation of the tax; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions relating to taxation of special fuel. (BDR 32-1642)".
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness and Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 459.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 776.
Amend section 1, page 2, by deleting lines 4 through 9 and inserting:
"3. The person in charge of the state hygienic laboratory [shall] , or his designee, must be a skilled bacteriologist . [, and shall]
4. The person in charge of the state hygienic laboratory may have such technical assistants as [may be appointed by the administrator with the approval of the director.
4.] that person, in cooperation with the University of Nevada School of Medicine, considers necessary.
5. Reports of investigations conducted at the state hygienic laboratory".
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio, Neal and Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 25, 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. 50, 51.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 50--Urging the Clark County School District to name a school after former Legislator Marvin M. Sedway.
Whereas, Marvin M. Sedway, a highly respected and sagacious former member of the Nevada Legislature, believed that a decent society is obligated to provide a superior education for its children; and
Whereas, Marvin Sedway carried an unshakable belief in the power of education and fought to make the education of children a top priority of our government; and
Whereas, The poster displayed in Marvin Sedway's office, which read "It will be a great day when our schools get all the money they need and the Air Force has to hold a bake sale to buy a bomber," illustrated his commitment to education; and
Whereas, Marvin Sedway's unflagging efforts to help the poor, the homeless, the elderly and all those with little power in our society gained him broad respect in the Legislature and throughout the state; and
Whereas, Marvin Sedway was a man of uncommon distinction who made certain he made a difference in the lives of the people of the State of Nevada; and
Whereas, The people of the State of Nevada will long remember Marvin Sedway for his compassion, drive and valuable public service; 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 respectfully urge the Clark County School District to honor a distinguished Nevadan, Marvin M. Sedway, by naming a school after him; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Board of Trustees of the Clark County School District.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President. I'm sure any member of the Senate who served at the same time as Marvin Sedway would be honored to move the adoption of ACR No. 50. If I may, I will speak for each and all of them. We are very pleased the Assembly has sent us this resolution. Many of us were told the suggestion was raised that a school in Clark County be named in memory of the late Marvin Sedway. In support of that effort, each of us signed petitions on behalf of that suggestion.
I do want to be careful of what I say because I know Marvin is listening somewhere. I don't think there was any more unlikely friendship to occur than that between myself and Marvin Sedway. As a matter of fact, when I first met him, I had a hard time getting along with him. Fate intervened and we ended up as respective chairs of the money committees. We got to be very close friends over the years. I have never enjoyed working with anyone in the legislative process more than I did working with Marvin. He would do and say outrageous things out in public. Then we would get together and talk about what would be happening in the budget or the committees and he was quite sensible. One illustration: Marvin and I, as respective chairs of the money committees, were asked on one occasion to address the annual meeting of the teachers' union held at the Ormsby House. We already had a good idea of how the budget would be set and what was going into the distributive school account. We went over to the meeting. Marvin loved a crowd. He would see bodies and people and would get effusive. He was asked to speak first. He got up to speak and got wound up. Finally at the end of his presentation to the assembled members of the teachers' union, he told them they were going to be receiving some outrageous amount of legislative funding to the distributive school account. Everybody got up on their chairs and cheered Marvin. Then it was my turn. I said that we would do everything that we possibly could. The Governor was only recommending limited funding, and we were limited in what the legislature could do for the distributive school fund. I sat down to very polite applause. On the way back to the legislature, I said, "Marvin, what are you doing telling those people that you're going to give them all this money? What are you, crazy? You know we can't do that." He said, "I know but it felt so good." There were many stories like that.
There is no doubt, in his legislative service and as chair of the Assembly money committee, he evidenced a strong commitment to education, particularly K through 12. It is extremely fitting if ever a school is named for anyone that it be named in honor of Marvin Sedway. We all miss Marvin. We miss his advice. We miss his experience and expertise. I miss him personally as a friend. My wife and I had the pleasure of joining Kim and Marvin on a trip to Russia. The trip was before Peristroika. Things were still chillish in Moscow and Leningrad. Marvin wore a fur hat and boots and looked more like a Moscow citizen than anyone walking the streets. We were in peril just being with Marvin. It's a wonder we weren't thrown into the Moscow jail. He would talk to people. You weren't supposed to talk to anybody. At the port-of-entry, he had some books that I thought would get us all arrested. There was never a dull moment with Marvin. I am sure if his name is allowed to be placed on a school to honor him, Marvin will see to it the kids in that school learn what they are supposed to learn. Certainly, we should join in this effort to honor Marvin Sedway.
Resolution adopted.

Assembly Concurrent Resolution No. 51--Memorializing Washoe County Sheriff's Deputy Franklin Jay Minnie Sr.

Whereas, The members of the Nevada Legislature were deeply grieved to learn of the untimely death of Washoe County Sheriff's Deputy Franklin Jay Minnie Sr.; and
Whereas, Franklin Jay Minnie was born on July 6, 1952, to Frank James and Margaret Brimhall Minnie in Los Angeles, California; and
Whereas, Franklin (Frank) Minnie had been a resident of Reno since 1987, coming from Carson City; and
Whereas, Frank Minnie dedicated his life to law enforcement serving from 1981 to 1985 as a lieutenant for the Nye County Sheriff's Office and from 1986 to 1987 as a corrections officer for the Nevada Department of Prisons; and
Whereas, Frank Minnie joined the Washoe County Sheriff's Office on July 29, 1987, and had been a member of the patrol division for the past 7 years; and
Whereas, In March 1995, Frank Minnie was one of four deputies originally selected to serve on the motorcycle unit of the Washoe County Sheriff's Office and in preparation for this demanding position he had completed Basic Motorcycle Enforcement Training, a 200-hour Motorcycle Field Training Program and had been scheduled to receive additional motorcycle training with the California Highway Patrol in Sacramento; and
Whereas, Frank Minnie was a first-class law enforcement officer who constantly gave his all as he carried out his duties with professionalism, compassion and dedication, earning the respect and admiration of his fellow officers and friends; and
Whereas, Frank Minnie was the devoted husband of Jeanne Minnie and a loving father of four children including daughters, Kristal Barnett, age 24, Christa Burdick, age 22, Lacie DeYoe, age 15 and son Franklin Minnie Jr., age 12; now, therefore be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature hereby extend their heartfelt condolences to the family, friends and fellow officers of Deputy Sheriff Franklin Jay Minnie Sr.; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Frank Minnie's loving wife Jeanne and his four children Kristal Barnett, Christa Burdick, Lacie DeYoe and Franklin Minnie Jr.
Senator Washington moved the adoption of the resolution.
Remarks by Senator Washington.
Senator Washington requested that hisremarks be entered in the Journal.
Thank you, Mr. President. Deputy Franklin Jay Minnie was a loving, caring husband and father. He was dedicated to his profession in the Washoe County Sheriff's Department. He was an outstanding citizen of the community. Frank represented what we all expect and demand out of the men and women who serve in law enforcement; to serve and protect the citizens. It is more important to assume that Frank gave his life in our behalf so that we citizens of Washoe County may be able to live a prosperous life in our community. Frank also truly cherished his wife Judy, his daughters Kristal, Christa and Lacie and his son Franklin, Jr. Frank was truly a professional law enforcement officer. He was aware of the dangers he faced each and every day and did not take it lightly. Frank was awarded many commendations throughout his long career in law enforcement. Frank will also be awarded posthumously the Sheriff's Purple Heart for the injuries sustained in his fatal accident. He will also be awarded the highest award from the Sheriff's Office, the Silver Cross, for the loss of his life in the line of duty and for his dedication to the citizens of Washoe County.

Resolution adopted.

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

Senate in recess at 12:27 p.m.

SENATE IN SESSION

At 12:32 p.m.
President Hammergren presiding.
Quorum present.

GENERAL FILE AND THIRD READING

Senate Bill No. 36.
Bill read third time.
Roll call on Senate Bill No. 36:
Yeas -- 21.
Nays -- None.
Senate Bill No. 36 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 105.
Bill read third time.
Roll call on Senate Bill No. 105:
Yeas -- 19.
Nays -- None.
Not voting -- Coffin, Porter - 2.
Senate Bill No. 105 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senator Washington requested that his remarks be entered in the Journal.
I voted on Senate Bill No. 105 although I should have declared a conflict on the bill and abstained from voting.

Senate Bill No. 302.
Bill read third time.
Roll call on Senate Bill No. 302:
Yeas -- 21.
Nays -- None.
Senate Bill No. 302 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 465.
Bill read third time.
Roll call on Senate Bill No. 465:
Yeas -- 20.
Nays -- Augustine.
Senate Bill No. 465 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 36.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Assembly Bill No. 36:
Yeas -- 20.
Nays -- None.
Not voting -- Porter.
Assembly Bill No. 36 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 8.
Resolution read third time.
Remarks by Senator Titus.
Roll call on Assembly Joint Resolution No. 8:
Yeas -- 21.
Nays -- None.
Assembly Joint Resolution No. 8 having received a constitutional majority, Mr. President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS
Consideration of Assembly Amendments

Senate Bill No. 115.
The following Assembly amendment was read:
Amendment No. 690.
Amend section 1, page 2, by deleting line 1 and inserting:
"3. Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.".
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 115.
Bill ordered enrolled.

Senate Bill No. 260.
The following Assembly amendment was read:
Amendment No. 642.
Amend section 1, page 2, by deleting line 25 and inserting:
"(b) A factory-built house or mobile home which has been converted to real property pursuant to NRS 361.244.".
Senator Augustine moved that the Senate concur in the Assembly amendment to Senate Bill No. 260.
Remarks by Senator Augustine.
Motion carried.
Bill ordered enrolled.

Recede from Senate Amendments

Senator Augustine moved that the Senate do not recede from its action on Assembly Bill No. 99, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly.
Motion carried.

Appointment of Conference Committees

Mr. President appointed Senators James, Mathews and Schneider as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 99.

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Transportation, to which was referred Senate Bill No. 457, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R. O'Donnell,

Chairman

SECOND READING AND AMENDMENT

Senate Bill No. 457.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 767.
Amend section 1, page 2, by deleting lines 21 through 23 and inserting:
"former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:".
Amend section 1, page 2, between lines 31 and 32, by inserting:
"(g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.
(h) Any hall of fame which has been established at a university, community college or high school within this state.".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
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 Bills Nos. 72, 158, 170, 171, 205, 217, 228, 230, 297; Senate Joint Resolution No. 18; Assembly Bills Nos. 47, 84, 97, 148, 176, 309, 386, 412, 423, 431, 438, 439, 443, 444, 500; Assembly Joint Resolution No. 13.

REMARKS FROM THE FLOOR

Senator Neal requested that his remarks and a newspaper article from the Reno Gazette-Journal be entered in the Journal.
Thank you, Mr. President. On Sunday, June 22, 1997, there appeared an article in the Reno Gazette-Journal entitled "Lawyer seeks release of inmates held over 48 hours." It was apparently an article which was written on the basis of a suit filed by Karen Winckler to deal with the problem we have in Clark County.
Some years ago, we passed a bill in this house that said that "if a person is arrested and that person was not charged within 72 hours, that person had to be released." Every county within the state followed the edicts of the Legislature regarding that piece of legislation with the exception of Clark County. Clark County has failed to follow that and are presently holding people for up to eight and 10 days without release.
I would also like to make reference that we do have a bill in this Legislature to address that issue. Hopefully, we can have action on this before the close of this Legislature. These people are being held in violation of their constitutional rights. Currently, it seems that the suit that has been filed is to hold the sheriff in contempt of court along with the district attorney for failure to follow the law. As it might turn out, it could cost Clark County some money in order to fight this particular suit. Also, I would hope that the Chairman of the Judiciary Committee would pick up a copy of that suit and also review the bill he has in his committee in order that we might be able to address this particular problem in the legislature. And, that we would not have to have someone go to Federal court to ensure the constitutional rights of our citizens.

Lawyer seeks release of inmates held over 48 hours
(Sunday, June 22, 1997)

LAS VEGAS (AP) - A Las Vegas lawyer claims Clark County officials are violating a 1995 order that requires the release of inmates who have not seen a judge within 48 hours.
Defense attorney Karen Winckler, who helped bring about the 1995 order, filed an emergency motion Friday in federal court, asking U.S. District Judge Philip Pro to hold Sheriff Jerry Keller and other officials in contempt of court.
She also wants the immediate release of inmates detained in violation of the court order.
"It's too bad I'm forced to go back to the federal court to enforce the law with people we hired to enforce the law," Winckler said.
Keller was not available for comment.
Winckler and defense attorney Cal Potter III brought a class-action lawsuit in 1995 on behalf of inmates who sat in jail while Clark County prosecutors decided if and how to file charges.
The lawsuit named Keller; the director of the Clark County Detention Center; Russell Eaton, Las Vegas Justice Court administrator and clerk; and Clark County.
The jail had a policy of releasing inmates after eight days if they had not been charged, but Pro found that unconstitutional.
Winckler said she visited all six Justice Court departments on Friday after attorney Thomas Pitaro told her about the problem. Pitaro provided an affidavit for Winckler's motion in which he cited the case of 35-year-old Gerald Cumpton.
According to the affidavit, Pitaro was in Laughlin Justice Court on Thursday when Eaton, acting as a temporary justice of the peace, called Cumpton's case.
Cumpton was on the court's calendar for an initial appearance following a June 11 arrest, according to Pitaro's affidavit, and was not represented by an attorney.
"When the case was called, the attorney from the Clark County district attorney's office requested another week in order to file a complaint in the case," Pitaro wrote, "That attorney gave no other reason for his request, nor did the Justice Court inquire as to the reasons."
Eaton denied the inmate's request for an own-recognizance release and set bail at $20,000, according to the affidavit.
Eaton then rescheduled the matter for Thursday.
Winckler said she has witnessed similar "48-hour hearings" on several occasions the past year.
Senator James requested that his remarks be entered in the Journal.
Thank you, Mr. President, in response to the previous speaker. I want to assure him that I share his concern regarding the protection of the rights of the accused as I always have. What the Judiciary Committee is attempting to grapple with on this issue is to ensure that we don't enact something that is going to require the wholesale release, in Clark County, of individuals who have been arrested, and in many cases have committed crimes, back out onto the street because the prosecutor's office is not able to comply with onerous requirements of filing complaints within a couple of days. The committee has been working on that legislation and we would welcome any further input the Senator has to give. We would like to do that, but at the same time, we do have to be very careful to protect the rights of the citizens of Clark County from the release of offenders who should be waiting in jail for the trials on felony charges.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to Mary McGeein Frock.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Bill Orchow, David Litvin and Doug Batchelor.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Kim Sedway and Sheriff Richard Kirkland.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Wayne Rawson.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Betty Titus.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Mrs. Jeanne Minnie, Mr. Frank Minnie, Jr., Miss Lacie DeYoe, Captain Franklin Barnes, Lieutenant Chris Smith, Deputy Sheriff Mike Matthews, Deputy Ken Bassett, Deputy Steve Keller and Deputy Sheriff Daryl Riersgard.

Senator Raggio moved that the Senate adjourn until Thursday, June 26, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:55 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate