NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE TWENTY-FOURTH DAY

Carson City (Wednesday), February 12, 1997

Senate called to order at 11:11 a.m.
President Hammargren presiding.
Roll called.
All present except Senator O'Donnell, who was excused.
Prayer by the Chaplain, The Reverend Bruce Kochsmeier.
Gracious God,
As the leaders of this great state gather today, we ask that You would rest upon each of them with truth and peace. With the amount of work they face, grant them Your sense of timing and purpose. Give them the ability to see from all angles that they may decide wisely.
We remember today the great leader of our land, Abraham Lincoln. We thank You for his model of courage in choosing to go the right, but not always popular direction. We pray that these leaders would reflect this courage.
In the wake of her recent death, receive your servant Betty Koontz who served this body as Minute Clerk and whose husband, John, served this state so faithfully as secretary of state for so many years. Rest upon her grieving family and give them Your peace.
Let Your wisdom and grace now prevail in all that is said and done in these halls today. We pray in reliance upon Your great faithfulness.

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. 95, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended..

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 28, 45, 48, 57, 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 Judiciary, to which was referred Senate Bill No. 4, 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 referred Senate Bill No. 73, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 10, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 63.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 2.
Resolution read.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 14.
Amend the resolution, page 2, line 23, by deleting "to continue".
Amend the resolution, page 2, line 24, by deleting "interested".
Amend the resolution, page 2, between lines 26 and 27, by inserting:
"Resolved, That no action may be taken by the study committee on recommended legislation unless it receives a majority vote of the Senators on the committee and a majority vote of the Assemblymen on the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature; and be it further"
Senator Augustine moved the adoption of the amendment.
Remarks by Senator Augustine.
Amendment adopted,
Resolution ordered reprinted, engrossed and to the Resolution File.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Natural Resources:
Senate Bill No. 127--An Act relating to the board of wildlife commissioners; revising the qualifications and terms of office of certain members of the board; providing that the board of wildlife commissioners establish its policies and regulations according to principles of sound scientific management; providing that the budget of the division of wildlife of the state department of conservation and natural resources must be approved by the board; and providing other matters properly relating thereto..
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By Senator Jacobsen:
Senate Bill No. 128--An Act relating to concealed firearms; requiring certification by the Nevada highway patrol division of the department of motor vehicles and public safety of the teacher of a course in firearm safety that is required to obtain a permit to carry a concealed firearm; requiring the Nevada highway patrol division of the department of motor vehicles to adopt regulations to carry out such certification; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Jacobsen:
Senate Bill No. 129--An Act relating to motorists; requiring motorists to exercise due care to avoid collisions with pedestrians and bicyclists; providing a penalty; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Jacobsen:
Senate Bill No. 130--An Act relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the taxes on retail sales for tangible personal property purchased at a temporary stall or stand at a public gathering held for the purpose of buying and selling new and used tangible personal property; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senators James and Titus:
Senate Bill No. 131--An Act relating to controlled substances; requiring the board of pharmacy to place flunitrazepam in schedule I of the schedule of controlled substances; increasing the penalty for certain offenses involving flunitrazepam; providing a civil penalty for certain offenses involving flunitrazepam; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 132--An Act relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; providing that a petitioner for a writ of habeas corpus for whom counsel is appointed is not entitled to effective assistance of counsel; making various other changes to the provisions governing writs of habeas corpus; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 133--An Act relating to crimes; removing the requirement that a court grant probation to a person who is convicted of committing a category E felony if the person has been convicted of at least one other felony within the previous 7 years; providing a fine that may be imposed for attempting to commit certain crimes; revising the penalties for certain felonies; providing a greater penalty for committing a battery with a deadly weapon which results in substantial bodily harm; providing that a court may impose an adjudication of habitual criminality, habitual felon or habitually fraudulent felon based upon the stipulation of the parties; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 134--An Act relating to crimes; providing that a person convicted of driving under the influence of intoxicating liquor or a controlled substance resulting in death or substantial bodily harm is not eligible for residential confinement before the minimum term of his sentence is completed; providing that such a person must be placed in residential confinement for 1 year and submit to periodic testing for the use of alcohol or controlled substances if paroled; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 63.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 30.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 11.
Amend section 1, pages 1 and 2, by deleting lines 2 through 19 on page 1 and lines 1 through 18 on page 2, and inserting:
"218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing and micrographics division of the department of administration the following:
(a) Not to exceed [1,000] 2,000 letterheads (8 1/2 inches x 11 inches) and [1,000] 2,000 half size, or [2,000] 4,000 of either variety;
(b) Not to exceed [1,000] 2,000 No. 10 envelopes and [1,000] 2,000 No. 6 3/4 envelopes, or [2,000] 4,000 of either variety; and
(c) Not to exceed [1,000] 2,000 business cards and 1,000 memorandum sheets (500 each of
the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing and micrographics division of the department of administration , and all printing must be done in the state printing and micrographics division of the department of administration.
2. Each female member of the assembly is entitled to have the word "Assemblywoman" precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund in the same manner as other claims against the state are paid.
4. A legislator may purchase from the state printing and micrographics division of the department of administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.".
Amend the title of the bill, second line, by deleting "senators" and inserting "legislators".
Amend the summary of the bill, first line, by deleting "senators" and inserting "legislators".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Senator Raggio moved that Senate Bill No. 30 be re-referred to the Committee on Finance.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.

Assembly Bill No. 57.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bills Nos. 8, 12, 51, 54, 87 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio .
Motion carried.
UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Concurrent Resolution 6.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Mr. Jason Williams, Mr. Gene Sullivan and Ms. Dixie May.

Senator Raggio moved that the Senate adjourn until Tuesday, February 18, 1997 at 11 a.m. and that it do so in memory of Mort Jacobs, husband of Senate Attache, Judy Jacobs.
Motion carried.

Senate adjourned at 11:50 a.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate