NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE THIRTY-SIXTH DAY

Carson City (Monday), February 24, 1997

Senate called to order at 11:10 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend W. Duane Geyer.
Dear Heavenly Father, I thank You for the invitation we have from Your word, to ask for wisdom, when we need it; You open our minds and hearts to see things from a better perspective. We ask at the beginning of this week that You would reveal Your wisdom, grace and power to the men and women that serve this state. We acknowledge our need of You and pray that the decisions and directions be without compromise in the area of principle. In the Name of Jesus.

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 Government Affairs, to which was referred Senate Bill No. 85, 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 Government Affairs, to which was referred Senate Bill No. 42, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 50, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Transportation, to which were referred Senate Bills Nos. 61, 62, 64, 66, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

Mr. President:
Your Committee on Transportation, to which was referred Senate Bill No. 63, 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

Mr. President:
Your Committee on Transportation, to which were referred Senate Concurrent Resolutions Nos. 3, 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

William R. O'Donnell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 20, 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. 17, 101, 124.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 4.
.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Porter moved that Senate Bill No. 44 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Porter.
Motion carried.

By Senators Mathews, Adler, Augustine, Coffin, Jacobsen, James, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener.

Senate Concurrent Resolution No. 11--Congratulating the members of the Procter R. Hug High School Marching Band and Dance Team for their participation in the Inaugural Parade for the President of the United States.
Whereas, The members of the 69th Session of the Nevada Legislature and the residents of the State of Nevada were filled with pride upon learning that the Procter R. Hug High School Marching Band and Dance Team participated in the Inaugural Parade for the President of the United States; and
Whereas, With the full support of the parents, community, private parties, Harrah's Hotel and Casino (Procter R. Hug High School's "Partners in Education") and Reno Air, a dream was fulfilled for over 100 students who marched proudly in Washington, D.C., as the official representatives of the State of Nevada; and
Whereas, This was the first Northern Nevada band to receive such a prestigious invitation, and credit must be given to the band's Director, Gerald Willis, who conceived the idea and pursued this dream with enthusiasm and determination; and
Whereas, While in Washington, D.C., the students found time during their week-long visit to do extensive sight-seeing, including taking tours of the White House and Congress, greeting Governor Bob Miller at Union Square, and visiting Ford's Theatre, where President Lincoln was assassinated, Mount Vernon, several of the Smithsonian Institution museums, the Botanical Gardens, the National Postal Museum, National Geographic, the John F. Kennedy Center for the Performing Arts, the Iwo Jima Marine, Korean and Vietnam Memorials and Arlington National Cemetery; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby congratulates the members of the Procter R. Hug High School Marching Band and Dance Team, which include the band's Director, Gerald Willis, Dance Team Director, Gina Pullin, Teacher's Aide, Roger West, and students John Albertson, Anafe Arenas, Catherine Armer, Andy Bacher, Tim Bean, Jennifer Beauchamp, Rachel Beggs, Kenny Bell, Tonia Biank, Austin Bishop, Jared Bliese, Aimee Booth, Chad Bradfield, David Bradfield, Sheila Brausey, Stephan Burten, Connie Cadigan, Carolyn Carsey, Lynnsey Cheatham, Fred Christopherson, Cameron Clarke, Reanna Cone, Jessica Cooper, Rebekah Couper, Chris Cozzi, Marshé Craine, Samantha Crosthwaite, Poet DeHart, Vanessa Delacruz, Chris Dills, Karen Donathan, Rai Downey, Hannah Dyer, Torrey Eldridge, Jeremiah Ferguson, Ben Flood, Lucas Gerlach, Harry Geyer, Paula Geyer, Katie Goodman, Heather Green, Boyd Grimshaw, Sheri Groves, Christie Heaphy, Erin Howard, Sean Inman, Jon Jackson, Kelly Johnson, Brandon Kersey, Niklaus Kliman, Erin Lassen, Megan Lee, Kevin Lessard, Elizabeth Levitt, Stephen Levitt, Christie Long, Steven Lundstrom, Jessica MacBeath, Rachael Mackowich, Laura Madera, Mike Mahoney, Matt Martino, Marquel McCauley, Jennifer McCord, Stephanie McCormac, Stephen McCoy, Zack Mendelson, Randy Meyer, Ryan Meyer, April Miller, Machelle Miller, Andy Mills, Ryan Mitchell, Mike Morello, Patrick Nava, Chris Neves, Nick Neves, John Packer, C. Shea Past, Marcela Patino, Dawn Patterson, James Penner, Isaiah Pierce, Robyn Powell, Adam Pruitt, Chantal Rapp, Michelle Reeder, Amber Reese, Naomi Regalado, Katie Robertson, Michael Robison, Judi Rought, Amy Schneck, Nicole Scollard, Lacey Scott, Rhonda Serr, Wes Sheaffer, Cathy Sherman, Stephanie Sherman, Amber Shuey, Trent Shuey, Kelly Shurley, Jason Silverhardt, Eric Tinajero, Jennifer Todd, Jessica Troup, Mike Vidal, Abby Walkington, Jonathan Walkington, David Wallace, Jarod Weaver, Jeaneen Welsh, Amberina Wilson, Chris Wood, Martha Wood, Chris Wright, David Wright and JoAnn Yeager; and be it further
Resolved, That the pride and enthusiasm demonstrated by this extraordinary group of young people and their director serves as an inspiration to all residents of the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of Procter R. Hug High School Marching Band, Gerald Willis.
Senator Mathews moved the adoption of the resolution.
Remarks by Senator Mathews.
Senator Mathews requested that her remarks be entered in the Journal.
Thank you, Mr. President. I would like to congratulate the members of the Hugh High School band. I thought they would be here today, but they decided they would be better served by staying in school this morning. I agree with their decision. They had a great trip to Washington, D.C. We do have with us today the principal of Hug High School, the band director, the band instructor and one of the mothers who seemed to bring everything together. I am happy to have them with us today and happy to have this body honor the Hug High School band.
Resolution adopted.
Senator Mathews moved that all rules be suspended and that Senate Concurrent Resolution No. 11 be immediately transmitted to the Assembly.
Motion carried.

By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener.

Senate Concurrent Resolution No. 12--Commending the Nevada Taxpayers Association for 75 years of service to the State of Nevada.

Whereas, The Nevada Taxpayers Association was formed in 1922 to safeguard the interests of the residents of Nevada on the issues of taxes and expenditures by publishing and disseminating available information and data to responsible governmental leaders, taxpayers and other interested persons in an effort to create a fair and reasonable tax structure; and
Whereas, Throughout the years, the Nevada Taxpayers Association has become recognized as an authority on taxes and expenditures because of its attention to detail and outstanding research abilities; and
Whereas, This dedicated organization has staunchly advocated sound fiscal policies while promoting responsible government at a reasonable price; and
Whereas, Because of its nonpartisan approach, the Nevada Taxpayers Association has worked with many Governors and Legislators of both parties in an effort to develop prudent and well thought-out taxing mechanisms and has earned respect across the political spectrum; and
Whereas, The Nevada Taxpayers Association represents a wide diversity of taxpayers from the State of Nevada, including owners of small businesses and large corporations as well as individuals; and
Whereas, The Nevada Taxpayers Association is committed to continuing its primary mission of promoting efficiency, accountability and fiscal responsibility in state and local governments; and
Whereas, This dedicated organization devotes much time and energy to comprehending complex tax laws, researching issues that relate to fiscal matters and reviewing governmental processes that impact all Nevadans in their daily lives; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend the Nevada Taxpayers Association for 75 years of service to the State of Nevada during which it has provided quality information on tax and fiscal policy to the members of this legislative body and the residents at large; and be it further
Resolved, That the Nevada Legislature recognizes and salutes the Nevada Taxpayers Association for its professionalism and commitment to statewide fiscal responsibility; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chairman of the Board of the Nevada Taxpayers Association, Fred Gibson .
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Neal and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President. I think it is fitting today that the Senate commend the Nevada Taxpayers Association. This is the diamond anniversary of its creation, in 1922, encompassing 75 years of service. I think the resolution speaks for itself. The members have advocated, over the years, sound fiscal policies and responsible government. They have taken a nonpartisan approach and have been of invaluable assistance, over many years, to not only the executive but also the legislative branch. The adoption of this concurrent resolution by both houses will be on the date that the association members are in Carson City. They will be having a luncheon and a dinner today for their membership to which the members of the legislature and members of the executive branch have been invited. I would urge the members of the Senate to adopt this resolution and then send it to the other house for its concurrence.
Senator Neal:
Thank you, Mr. President. When I first came to the legislature, I did not know a great deal about the Nevada Taxpayers Association. Since that time, I do know that they publish a booklet which lists all of the tax laws. I think that provides very useful information to anyone serving in this body who wishes to know more about tax laws, how they operate and how much money they tend to create. I find the booklet very useful and keep it next to my copy of the Nevada Constitution when I am here in this body. If I do not receive it on time, I request an update of the booklet from the association. I think that service is very useful to the members of the legislature and to all of those who want to understand taxes. This booklet is very informative in acquainting us with the laws and how they affect the people of this state.
Senator Jacobsen:
Thank you, Mr. President. I certainly rise in support of this resolution. I would only hope that there could be a list available showing all of those who served as executive directors. Since it was in existence before my time here, it would be interesting to know who all served in that position.
Senator Raggio:
Thank you, Mr. President, to you and through you to the President pro Tempore. The information he requested is not available at this time, but it will be obtained and included in the final Journal.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 11 be immediately transmitted to the Assembly.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Washington:
Senate Bill No. 149--An Act relating to property; providing for the registration of securities transferable on death; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Washington:
Senate Bill No. 150--An Act relating to contractors; exempting certain owners of rental property from the requirement for licensing as a contractor; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senator Washington:
Senate Bill No. 151--An Act relating to state purchasing; requiring the chief of the purchasing division of the department of administration to indicate his willingness to consider bids or proposals that deviate from the specifications stated in the advertisement for bids or proposals; requiring a dealer who is not a resident of this state to pay an annual fee to the purchasing division to be listed in the record of dealers; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 152--An Act relating to compensation for unemployment; clarifying the definition of misconduct related to work; providing an exception to charging benefits against the record of the base-period employer; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 153--An Act relating to the identification of goods, services and organizations; establishing criteria for specimens that accompany an application for the registration of a mark; authorizing the amendment renewal, assignment and cancellation of a designation of laundered supplies; revising the contents of an application for the registration of a mark; revising the manner in which the name and insignia of an organization may be registered; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 154--An Act relating to the death penalty; increasing the hourly fee payable to an attorney appointed in a case involving the death penalty; increasing the compensation payable to a person furnishing investigative, expert or other services to the defense in a case involving the death penalty; repealing the limitation on time in which an opinion must be rendered by the supreme court pursuant to an appeal from a judgment of death; 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. 4.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 17.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 101.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 124.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 88.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 4.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 4:
Yeas--21.
Nays--None.
Senate Bill No. 4 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 7.
Bill read third time.
Remarks by Senators James, Neal and O'Connell.
Roll call on Senate Bill No. 7:
Yeas--21.
Nays--None
Senate Bill No. 7 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 15.
Bill read third time.
Remarks by Senators Porter, Neal and Raggio.
Roll call on Senate Bill No. 15:
Yeas--21.
Nays--None.
Senate Bill No. 15 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 17.
Bill read third time.
Remarks by Senators Adler, Neal, Schneider, Raggio and O'Connell.
Roll call on Senate Bill No. 17:
Yeas--21.
Nays--None.
Senate Bill No. 17 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 74.
Bill read third time.
Remarks by Senator Adler.
Roll call on Senate Bill No. 74:
Yeas--21.
Nays--None.
Senate Bill No. 74 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 75.
Bill read third time.
Remarks by Senator McGinness.
Roll call on Senate Bill No. 75:
Yeas--21.
Nays--None.
Senate Bill No. 75 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 77.
Bill read third time.
Remarks by Senators Neal, James and Titus.
Roll call on Senate Bill No. 77:
Yeas--21.
Nays--None.
Senate Bill No.77 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 81.
Bill read third time.
Roll call on Senate Bill No. 81:
Yeas--21.
Nays--None.
Senate Bill No. 81 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 95.
Bill read third time.
Roll call on Senate Bill No. 95:
Yeas--21.
Nays--None.
Senate Bill No. 95 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 96.
Bill read third time.
Roll call on Senate Bill No. 96:
Yeas--21.
Nays--None.
Senate Bill No. 96 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 1.
Resolution read third time.
Remarks by Senator Jacobsen.
Roll call on Senate Joint Resolution No. 1:
Yeas--21.
Nays--None.
Senate Joint Resolution No. 1 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.

Senate Joint Resolution No. 2.
Resolution read third time.
Remarks by Senators Jacobsen, O'Donnell, James, Neal and Augustine.
Roll call on Senate Joint Resolution No. 2:
Yeas--10.
Nays--Adler, Augustine, James, Neal, O'Donnell, Porter, Schneider, Titus, Townsend, Washington, Wiener--11.
Senate Joint Resolution No. 2 having failed to receive a constitutional majority, Mr. President declared it lost.

Senate Joint Resolution No. 24 of the 68th Session.
Resolution read third time.
Remarks by Senators Raggio, James, Neal and Rhoads.
Senator Raggio moved that Senate Joint Resolution No. 24 of the 68th Session be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Raggio.
Motion carried.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 24, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 11, 12.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

REMARKS FROM THE FLOOR

Senator Jacobsen requested that his remarks be entered in the Journal.
In response to my request for information regarding the names of executive directors of the Nevada Taxpayers Association, I would like their names and the dates they served entered in the Journal.
F.N. Fletcher 1922-1940
Samuel W. Crosby 1940-1943
Dryden Kuser 1943-1948
Harry S. Allen 1948-1951
Clarence I. Smalley 1952-1954
Neil D. Humphrey 1955-1958
Howard Barrett 1959-1961 (Executive Secretary)
Fred Crowley 1961-1962 (Executive Secretary)
Ernest Newton 1962-1982 (Executive Vice President and Executive Secretary)
Howard Barrett 1982-1984 (Executive Vice President)
Roy Nickson 1985-1988
Carole Vilardo 1988-1991
Carole Vilardo 1992 to present (President).

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Ellen Winograd, Gerald Willis, Ben Zunino, Carol Bell and Amy Oblad.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Bill and Lynn Meyer.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Kathleen Kuretich and Frank Molitor.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Steve Greenwald.

Senator Raggio moved that the Senate adjourn until Wednesday, February 26, 1997 at 11 a.m. and that it do so in memory of Maria Pintos, mother of Assemblywoman Ohrenschall.
Motion carried.

Senate adjourned at 12:57 p.m.

Approved:

Lonnie L. Hammargren, M.D.

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