NEVADA LEGISLATURE
Sixty-ninth Session, 1997
SENATE DAILY JOURNAL
THE THIRTY-EIGHTH DAY
Carson City (Wednesday), February 26, 1997
Senate called to order at 11:15 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Larry Miller.
Lord God, thanks and praise for this day that we experience, for the challenges and opportunities that confront us, for the assurance of Your care and blessing. I pray Lord, Your guidance for these assembled members of the Nevada State Senate, for their families, and for those who assist them in the performance of their duties and understanding as they wrestle with the challenges and opportunities that confront this great state, and in particular the agenda that is before them today. Give a special blessing to any who are faced with a difficult personal decision or crisis. I offer these petitions today 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 Human Resources and Facilities, to which was referred Senate Bill No. 11, 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 Judiciary, to which was referred Senate Bill No. 68, 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 Assembly Bill No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
Mr. President:
Your Committee on Transportation, to which were referred Senate Bills Nos. 65, 124, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell,
Chairman
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 passed, as amended, Assembly Bill No. 125.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 3.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senator Jacobsen.
Resolution adopted.
Senate Concurrent Resolution No. 4.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senators Jacobsen and James.
Resolution adopted.
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. 13--Commemorating the 100th anniversary of the Parent-Teacher Association.
Whereas, The National Parent-Teacher Association was founded by Alice McLellan Birney and Phoebe Apperson Hearst under the name "National Congress of Mothers" in 1897, in Washington, D.C.; and
Whereas, The National Parent-Teacher Association is the oldest and largest volunteer association in the United States working exclusively on behalf of the youth of our nation; and
Whereas, The Parent-Teacher Association (PTA) was established in the State of Nevada in 1940; and
Whereas, During its first year as an organization, the PTA promoted cooperation between parents and teachers, advocated sex education and lobbied for a national health bureau; and
Whereas, Throughout 1910 to 1919, the PTA urged that kindergarten be included in the educational system, asked parents to supervise their children when attending moving pictures and began to serve hot lunches to children during school through its local chapters; and
Whereas, In the 1930's, the PTA sponsored a special nutrition project and emergency services aimed at preventing children from suffering from hunger during the Great Depression, and it also conducted studies of automobiles and school buses with regard to the safety of children; and
Whereas, In the 1940's, the PTA launched a nationwide school lunch program, became one of the first nongovernmental organizations to support the establishment of the United Nations and created a new university project to instruct teachers in methods of enhancing relationships between schools and parents; and
Whereas, In the 1950's, the PTA called a national conference to address the use of narcotics and drug addiction in youth, helped field test and win support for the Salk Polio Vaccine and promoted health supervision of children from early childhood through high school; and
Whereas, In the 1960's, the PTA publicized the dangerous effects of smoking, helped enact legislation in child protection and toy safety, promoted education in the arts through a nationwide cultural arts program and focused on improved relations between parents and schools in low-income areas; and
Whereas, In the 1970's, the PTA expanded its outreach program to include information to combat alcohol abuse by the youth of our country, called upon parents to share in decision making in schools, began a project to oppose violence on television, opened its Office of Governmental Relations in Washington, D.C., and invited students to sit on the National PTA Board of Directors; and
Whereas, In the 1980's, the PTA fought for legislation requiring automobile safety belts and child restraint devices, created a project for the prevention of drug and alcohol abuse, focused more attention on children and families in the inner cities and created the national HIV/AIDS educational program for parents; and
Whereas, In the 1990's, the PTA convened a national summit on parental involvement and became a major force in adding such involvement to the National Education Goals calling on local school districts to make parents equal partners in their children's education; and
Whereas, National concern about children is essential, but ultimately the responsibility for keeping children safe and healthy continues to fall on each parent; and
Whereas, The PTA fulfills the greatest need by providing a link between parents and educators, parents and government and parents and the legal system, to ensure that the best interests of children are served; and
Whereas, Seven million members nationwide and 30,000 members statewide will continue advocating on behalf of children, education and parents into the next century; 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 commemorate the Parent-Teacher Association on its 100th anniversary as a national organization; and be it further
Resolved, That the Parent-Teacher Association is hereby commended for its support and efforts on behalf of our youth before governmental bodies and other organizations that make decisions affecting the youth of our country; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Debbie Smith, President of the Parent-Teacher Association of Nevada and Joan Dykstra, President of the National Parent-Teacher Association.
Senator Mathews moved the adoption of the resolution.
Remarks by Senators Mathews, Raggio and Jacobsen.
Senator Mathews requested that the following remarks be entered in the Journal.
Senator Mathews:
Thank you, Mr. President. I would like to congratulate the Parent-Teacher Association on their 100th anniversary, which was celebrated last week. As a mother of a whole bunch of kids, I want to say that I spent many, many days at state and local activities of the PTA. I would also like to congratulate the two ladies sitting with me on the floor today. They are Debbie Smith, who is president of the Nevada Parent-Teachers Association and Barbara Clark who is the legislative representative for the association. They have both worked tirelessly with the teachers and schools for the welfare of the children of this state. I know that, over the years, Barbara was in everything that a child was involved with. I am happy to be a part of this resolution before us today and happy to have these two young women as my guests.
Senator Raggio:
Thank you, Mr. President. I think this resolution is very significant and I think we are all very pleased to join in commending the Parent-Teacher Association. I am doing so on a personal note. My mother died last year at the age of 97 years. I noted, in this resolution that the PTA was formally organized in the State of Nevada in 1940. I have very fond memories of my mother attending meetings of the PTA. She was one of those parents who cared and who made certain that there was participation on her part. I believe this to be a very important organization. We should do everything we can to work with the Parent-Teacher Association to encourage more and more parental involvement. I think that if we could get that message out that many of the problems we face with the youth of today would disappear. I think that lack of involvement is a root cause of a great deal of our problems. I reflected on this and could not help but think of my mother and the many like her who took the time and effort to involve themselves in the very important process of educating their children. I think it is important that we all join together and commend the Parent-Teacher Organization; that we participate and urge all others to do likewise.
Senator Jacobsen:
Thank you, Mr. President. I think my relationship is the same as that of the Majority Leader since my mother was a very strong-hearted person. My initial entry into politics probably came about from being chairman of the Parent-Teacher Association in Douglas County. Someone told me that it was a piece of cake and that I could easily handle the chairmanship. I never realized that a piece of cake could be so tough and inedible. It was a great experience in which I found myself to be a referee among the pupil, the teacher, my wife and my mother. In those days, it was a hands-on affair in which everyone took interest. The thing I most remember about the experience was that the cookies they served were excellent. I think that perhaps was meant as an enticement to be in attendance. I found that chairing an organization such as that was not an easy task since everyone had a different idea concerning how the children should be taught. Even the children had differing ideas although they were not as vociferous as they are today. It pleases me when I think back on that time as it was a great experience. It is too bad that we do not return to those principles today whereby the parents take more interest in their children's schooling. In most instances, before the parent goes to school, he must be invited by the principal. I think another area the PTA should involve itself in is one I started in Douglas County many years ago. If you are an elected official, you should be required to be a teacher for a day. What a disaster that turned out to be since mostly you are not prepared and, as you get older, tend to be more critical. However, it only required a few minutes, in the classroom, to discover whether or not the teacher was on the ball.
Resolution adopted.
Senator Mathews moved that all rules be suspended and that Senate Concurrent Resolution No. 13 be immediately transmitted to the Assembly.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators James, O'Connell, Neal, Adler, Augustine, Coffin, Jacobsen, Mathews, McGinness, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Bill No. 155--An Act relating to domestic violence; establishing a program to assist a victim of domestic violence in establishing and maintaining a confidential residential address; providing a penalty for knowingly giving false or incorrect information in an application for the program; requiring the secretary of state to establish procedures that allow a participant in the program to register to vote and to vote without revealing the participant's confidential address; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Adler:
Senate Bill No. 156--An Act relating to family relationships; authorizing visitation rights for stepparents; providing for child-support payments from stepparents under certain circumstances; allowing a stepchild to inherit from the estate of his stepparent; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Adler:
Senate Bill No. 157--An Act relating to game tags; requiring the board of wildlife commissioners to adopt regulations which ensure that elderly applicants for certain game tags receive a chance twice as great as other applicants who are not elderly applicants of drawing a tag; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Mathews:
Senate Bill No. 158--An Act relating to public bodies; requiring each public body which leases an area used to provide a service to the public to provide a toilet facility within that area which is accessible to a person with a disability; requiring the attorney general to enforce this requirement; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 125.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 42.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 19.
Amend section 1, page 1, line 1, by deleting "227" and inserting "353".
Amend section 1, page 1, line 3, by deleting "The" and inserting "1. The".
Amend section 1, page 1, by deleting lines 4 and 5 and inserting:
"symbols to substitute or supplement the handwritten or facsimile signature of an authorized officer that indicates the officer's authorization or verification on a document required by the state controller pursuant to the provisions of NRS 353.291 to 353.3245, inclusive.
2. As used in this section, "authorized officer" means any official of this state or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature is required pursuant to subsection 1.".
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 353.291 is hereby amended to read as follows:
353.291 NRS 353.291 to 353.3245, inclusive, and section 1 of this act may be cited as the State Accounting Procedures Law.".
Amend the title of the bill to read as follows:
"An Act relating to financial administration; authorizing the state controller to provide by regulation for the use of electronic symbols to substitute or supplement certain signatures; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
Authorizes state controller to provide by regulation for use of electronic symbols to substitute or supplement certain signatures. (BDR 31-534)".
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. 50.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 3.
Amend sec. 5, page 2, line 16, after "librarians" by inserting ", archivists".
Amend sec. 7, page 2, line 28, by deleting "law and" and inserting:
"the law . [and] The state library must also be administered in accordance with".
Amend sec. 19, page 6, line 29, by deleting "the:" and inserting "[the:".
Amend sec. 19, page 6, line 34, by deleting "(e)" and inserting:
"(e)] :
(a) Any agency in the department; or
(b) The".
Amend sec. 27, page 9, line 2, by deleting "$60" and inserting "[$60] $80".
Amend sec. 59, page 20, by deleting lines 1 through 4 and inserting:
"any amendment thereto must be submitted to the local government advisory committee, established pursuant to NRS 354.594, for its advice and recommendations.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 61.
Bill read second time and ordered to third reading.
Senate Bill No. 62.
Bill read second time and ordered to third reading.
Senate Bill No. 63.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 27
Amend section 1, page 1, line 15, after the italicized period by inserting:
"However, a licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.".
Amend the title of the bill, second line, after "circumstances;" by inserting:
"limiting the circumstances under which a licensee may be convicted for failing to surrender such a license;"
Senator Wiener moved the adoption of the amendment.
Remarks by Senators Wiener and O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 64.
Bill read second time and ordered to third reading.
Senate Bill No. 66.
Bill read second time and ordered to third reading.
Senate Bill No. 85.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 44.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs.
Amendment No. 29.
Amend sec. 4, page 3, line 14, by deleting "May" and inserting "Shall".
Senator Porter moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Senate Bill No. 88 be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator Neal.
Motion carried
UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS
There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 11, 12.
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 Gregory Augustine.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Debbie Smith and Barbara Clark.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Coe Swobe.
Senator Raggio moved that the Senate adjourn until Thursday, February 27, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 11:59 a.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate