NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE THIRTIETH DAY

Carson City (Tuesday), February 18, 1997

Senate called to order at 11:10 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Elaine Morgan.
Almighty God, our Heavenly Father, send down upon those who hold office in this state Senate the spirit of wisdom, charity and justice that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people -- through Jesus Christ, our Lord.

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 pro Tempore:
Your Committee on Judiciary, to which was referred Senate Bill No. 7, 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 pro Tempore:
Your Committee on Natural Resources, to which were referred Senate Joint Resolutions Nos. 1, 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 12, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 7, 19, 23.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 66.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 17 of the 68th Session.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

GENERAL FILE

Senate Bill No. 8.
Bill read third time.
Remarks by Senators Neal and James.

Roll call on Senate Bill No. 8:
Yeas--21.
Nays--None.
Senate Bill No. 8 having received a constitutional majority, Mr. President Pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 12.
Bill read third time.
Remarks by Senators O'Donnell, James, Neal, Raggio and Coffin.
Roll call on Senate Bill No. 12:
Yeas--15.
Nays--Coffin, Neal, O'Donnell, Schneider, Shaffer--5.
EXCUSED--Townsend.
Senate Bill No. 12 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No.51
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 51:
Yeas--20.
Nays--None.
EXCUSED--Townsend.
Senate Bill No. 51 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 54.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 54:
Yeas--20.
Nays--None.
EXCUSED--Townsend.
Senate Bill No. 54 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 87
Bill read third time.
Remarks by Senator James.
Senator James announced that while his law firm does represent mobilehome interests, he does not have a conflict on the bill since it is only a minor technical change.
Roll call on Senate Bill No. 87:
Yeas--20.
Nays--None.
EXCUSED--Townsend.
Senate Bill No. 87 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 57.
Bill read third time.
Remarks by Senators Raggio and Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. Last session I tried to have the legislative building appropriation removed from the capital improvements bill so we could vote on the two separately. Some of us had reservations about spending over $16 million of taxpayer money on the building addition. We did not want to vote no, however, on the overall capital improvements bill which included funding for needed facilities throughout the state. Of special concern was the funding for prisons; given our passage of sweeping "tough on crime" legislation, to vote against prison construction would have been the height of political hypocrisy.
Accordingly, when my efforts to pull the legislative building appropriations out of the CI budget failed, I had to vote yes for the whole package. I asked for certain assurances, however, right here on the floor of the Senate, assurances to my constituents that the building would not come in over budget.
Now, here we are18 months later, being told that we need $2.6 million more to complete the addition. We all know that modest overruns occur in any project and we can't control nature, but $2.6 million seems excessive. What are we supposed to do? Condone poor management and unilateral decision-making with a yes vote; or vote no and leave the building half finished. What a Hobson's choice!
After considerable thought, I've decided the responsible thing to do is vote yes. But before pushing that green button, we need to hear from whoever makes these decisions that no additional changes, upgrades, or remodeling (outside the originally approved plans which were shown to the interim building committee) will be made which will raise the cost even higher.
Roll call on Assembly Bill No. 57:
Yeas--19.
Nays--NEAL.
EXCUSED--Townsend.
Assembly Bill No. 57 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 2.
Senator Augustine moved the adoption of the resolution, as amended.
Remarks by Senator Augustine.
Resolution adopted, as amended.

By the Committee on Finance:

Senate Joint Resolution No. 9--Urging Congress to adopt an amendment to the Constitution of the United States that requires a balanced federal budget.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senators Coffin, Regan, Mathews, Jacobsen, Porter, O'Connell, Titus, Neal, Shaffer, and Rhoads:
Senate Joint Resolution No. 10--Urging Congress to adopt an amendment to the Constitution of the United States that requires a balanced federal budget without adversely affecting certain programs that provide social security and disabilities benefits.
Senator Coffin moved that the resolution be referred to the Committee on Finance.
Motion carried.

Assembly Joint Resolution No. 17 of the 68th Session.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance :
Senate Bill No. 135--An Act making an appropriation to the Eighth Judicial District Court for continuation of the program of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 136--An Act relating to the City of Sparks; amending the charter of the City of Sparks to allow the city council to increase the number of municipal judges; requiring a written notice and an opportunity for a hearing before the dismissal of certain 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 Senator Rhoads:
Senate Bill No. 137--An Act relating to traffic laws; revising the penalty for exceeding the posted speed limit under certain circumstances; excluding such a violation from the demerit system established by the department of motor vehicles and public safety; prohibiting insurers from raising rates for motor vehicle insurance based on such a violation; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Rhoads:
Senate Bill No. 138--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 for medical instruments and equipment necessary to treat diabetes if prescribed or applied by a licensed provider of health care; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senator Rhoads:
Senate Bill No. 139--An Act making an appropriation to the City of Elko for the relocation and restoration of the Valentine Walther Stage Coach Stop; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senators Augustine and Mathews:
Senate Bill No. 140--An Act relating to vital statistics; requiring the reporting to the state registrar of vital statistics of the marital status of women who give birth; and providing other matters properly relating thereto.
Senator Augustine moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 141--An Act relating to gaming; revising the provisions governing the regulation of banks by the Nevada gaming commission; 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 Human Resources and Facilities:
Senate Bill No. 142--An Act relating to cremated remains; revising provisions governing the disposition of the cremated remains of certain dead bodies; prohibiting the operator of a crematory from charging a public officer a fee for storing such cremated remains; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 7.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 19.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 23.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 66.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 4.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 7.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
"2. [Any expense incurred as a result of any test is a charge against the division.] A parolee shall reimburse the division for any expenses incurred as a result of a test to the extent of his ability to pay such expenses.".
Amend the title of the bill, second line, after "parole;" by inserting:
"requiring parolees to reimburse the division for the expenses incurred for such tests to the extent of their ability to pay;".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted,
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 28.
Bill read second time and ordered to third reading.

Senate Bill No. 45.
Bill read second time and ordered to third reading.

Senate Bill No. 48.
Bill read second time and ordered to third reading.

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

Senate Bill No. 73.
Bill read second time and ordered to third reading.

Senate Bill No. 95.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 4.
Amend section 1, page 1, line 8, by deleting "[seller]" and inserting "seller or".
Amend sec. 2, page 2, line 14, by deleting "[seller]" and inserting "seller,".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

REMARKS FROM THE FLOOR

Senator Neal requested that the following E-mail communications be entered in the Journal.

From: [email protected][SMTP:[email protected]]
Sent: Monday, February 10, 1997 4:12 PM
To: Neal, Joseph Senator
Subject: re:letter

Sen Neal, Please accept my apology for the letter I wrote you. Sometimes we do and say things that we don't mean. I'm truly sorry,

(William Deems, 565-6157)

From: [email protected][SMTP:[email protected]]
Sent: Thursday, February 13, 1997 5:03 PM
To: Neal, Joseph Senator
Subject: race relations

Sir, would you please email me back so we can discuss this issue. If you don't understand internet suppliers termenolgy, would you ask your staff to find out what A.O.L. offers in the use of screen names in multiple user account. These are separate email and internet accounts that are part of my account. Of course, it is still my responsibility as to how this privilage is used. I hope that you feel comfortable that no threat to you was made and none was intended. I understand that some very cruel and unfair words or phrases were made , and an apology was sent. I feel issues can be discussed and both parties can agree to dissagree, but nowhere is there any reason for personal or ethnic remarks. I'm so sorry for the harm this has done you,
William

Senator Raggio announced that Speaker Dini has invited the Senate to attend a Joint Session to hear an address by Chief Justice Shearing, which is scheduled at the hour of 11 a.m. on Wednesday, March 5, 1997, in the Assembly Chambers.

Senator Raggio moved that the Senate adjourn until Wednesday, February 19, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:13 p.m.

Approved:

Lawrence E. Jacobsen

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