NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE FORTY-SIXTH DAY

Carson City (Thursday), March 6, 1997

Senate called to order at 11:03 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Regan, who was excused.
Prayer by the Chaplain, The Reverend Ken Haskins.
O Lord, our Lord, how majestic is Your Name in all the earth. The glory of the sunset, the fragrance of the rose, the whisper of the brook declare Your handiwork. Bless our efforts this day so that they may prove to be handiwork pleasing in Your sight.

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.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 5, 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. 34, 164.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 130.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolutions Nos.1, 2, 4.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 33 of the 68th Session.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener.
Senate Concurrent Resolution No. 14--Designates March 6, 1997, as "Arts Day in Nevada."
Whereas, The Nevada Alliance for the Arts, a statewide advocacy organization for the arts, was established in 1977 as a nonprofit corporation, dedicated to the support of the cultural arts as a fundamental right of every resident of Nevada to enjoy as part of the quality of life in this state; and
Whereas, The Nevada Alliance for the Arts is a member of the State Arts Advocacy League of America, a national association dedicated to the advancement of responsible public arts policies at the local, state and national levels; and
Whereas, The major goal of the Nevada Alliance for the Arts for the last several years has been to increase state funding for the State Council on the Arts, the state agency that is primarily responsible for the distribution of governmental grants in support of the arts and culture in the State of Nevada; and
Whereas, The Nevada Alliance for the Arts has established a Legislative Arts Caucus to keep Nevada Legislators and the members of the Nevada Congressional Delegation informed of the issues facing the arts community; and
Whereas, The Nevada Alliance for the Arts membership is open to all interested residents who share a common interest in furthering arts and culture in the State of Nevada; 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 designate March 6, 1997, as "Arts Day in Nevada"; and be it further
Resolved, That the Nevada Alliance for the Arts is commended for its dedication to the advancement of responsible public arts in the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Roger Peltyn, President of the Nevada Alliance for the Arts.
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Senator Augustine moved the adoption of the resolution.
Remarks by Senators Augustine, Titus and Neal.
Senator Augustine requested that the following remarks be entered in the Journal.
Senator Augustine:
Thank you, Mr. President pro Tempore. The mission of the Nevada Council on the Arts as stated in the annual report, which you have on your desks, is to enrich the cultural life throughout the state through leadership which preserves, supports, strengthens and makes this accessible to all arts for all Nevadans. The goal for the Nevada Council of the Arts is to enhance the environment in which the artists work and contribution is valued and supported; to encourage and support diverse organizations which produce, present and promote excellence in the arts; and to increase access to excellence and diversity in the arts.
Senator Titus:
Thank you, Mr. President pro Tempore. It is my pleasure to welcome to the Senate Chambers the members of the Nevada Alliance for the Arts, the Nevada State Council on the Arts, and other supporters of arts activities and education. It is clear from your presence today that the essential relationship between lawmakers and arts advocates has evolved into a positive and successful partnership.
It is impossible to overstate the value of the arts and their impact on world civilization over the ages and on life in Nevada today. Arts education is key to our children's academic and social development. In fact, a recent study conducted by the college entrance examination board showed that students with four years of arts study scored 53 points higher on the verbal and 35 points higher on the math portions of the scholastic aptitude test than students with no arts classes. The arts serve as a powerful educational tool that improve a child's communication skills, increases confidence, and enhances the overall learning environment and engagement of students. Finally, arts education prepares our youth to compete more effectively in the global market.
In addition, the arts play an important role in the lives of adults. Last year, 86 percent of adult Americans participated in arts related activities. This means, on average, 33 percent more Americans participate in the arts than turn out to vote in a presidential election! Public opinion polls show that adults overwhelmingly support public funding for the arts, and 61% of Americans say they would pay five dollars more in taxes to support arts activities.
However, since 1995, funding for the National Endowment for the Arts has been cut by 40 percent. Many forms of grants have also been eliminated to individual artists and arts organizations. Consequently, state support for the arts is more critical now than ever before. Public support for the arts is good public policy - it's good for business, good for tourism, good for education, and good for our quality of life. So I urge all my colleagues in these chambers to pledge your commitment and support to this invaluable cause.
Senator Neal:
Thank you, Mr. President pro Tempore. I would like to add a few comments to those that have already been made. I would first like to point out the fact that our President is supporting the arts since he realizes the fact that more people do attend these functions than those who voted in the last election. He recently asked Congress to increase the National Endowment Fund for the Arts.
Art is much more than the pictures and drawings we see and the music we hear. There are many other forms which are too numerous to mention here today. All the art forms help to communicate and improve the cultural atmosphere of our society. I would hate to see only book stores and libraries. I would hate to see only Disneyland and not parks because these things add to our understanding, our atmosphere and our thinking. Our cultural thinking thereby keeps us more civilized. Again, I add to the statement already made, that we should continue to support arts in the State of Nevada as well as throughout the United States.
Resolution adopted.
Senator Augustine moved that all rules be suspended and that Senate Concurrent Resolution No. 14 be immediately transmitted to the Assembly.
Motion carried.

By Senator Neal:
Senate Concurrent Resolution No. 15--Amending the Joint Rules of the Senate and Assembly for the 69th legislative session to require the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to ensure that the salaries of the officers of the Nevada Highway Patrol are set at a rate which is based on the salaries of officers of equivalent rank of certain metropolitan police departments within this state.
Senator Neal moved that the resolution be referred to the Committee on Finance.
Motion carried.

Assembly Joint Resolution No. 1.
Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Assembly Joint Resolution No. 2.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Joint Resolution No. 4.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.

Assembly Joint Resolution No. 33 of the 68th Session.
Senator Rawson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Human Resources and Facilities:
Senate Bill No. 192--An Act relating to crimes; making certain acts relating to the mutilation of female genitalia unlawful; providing a penalty; requiring the state board of health to study methods of educating the public about the mutilation of female genitalia; 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.

By Senator Neal:
Senate Bill No. 193--An Act relating to municipal courts; requiring each municipal judge to list the telephone number of his office in a telephone directory; requiring each municipal judge to have a person available to answer the telephone of his office during his regular working hours; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senator Neal:
Senate Bill No. 194--An Act relating to bail bondsmen; limiting the types of fees that a bail bondsman may charge for his services; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 195--An Act relating to crimes; providing that the failure to protect a child from abuse, negligent treatment or maltreatment by another that results in death is first degree murder; providing a penalty; 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 Finance:
Senate Bill No. 196--An Act making an appropriation to the legislative fund to establish an interactive video broadcast system between the Legislative Building and the Grant Sawyer State Office Building; 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 Finance:
Senate Bill No. 197--An Act relating to state financial administration; revising the provisions governing the expenditure of money from the trust fund for the National Judicial College and the trust fund for the National College of Juvenile and Family Law; 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. 34.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 130.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 164.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 129.
Bill read second time and ordered to third reading.

Assembly Bill No. 72.
Bill read second time and ordered to third reading.

Assembly Bill No. 89.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bills Nos. 11, 68, 84, 98, 141; Assembly Bill No. 78, be taken from the General File and placed on 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 Assembly Bill No. 19.

REMARKS FROM THE FLOOR

Senator Titus requested that her remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. The National Association of State Arts Agencies national arts award to Governor Bob Miller is this coming Monday, March 10, 1997 at a recognition dinner in Washington D.C.
Governor Miller was the first in the nation to embrace the Standards for Arts Education.

ANNOUNCEMENTS

Senator Raggio announced that on Friday, March 7, at 12 noon, a flag lowering memorial service will be conducted outside in front of the entrance to the Legislative Building in memory of former Chief Justice John Mowbray. Please join us for this short ceremony where anyone can say a few words about Mr. Mowbray.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Adler, the privilege of the floor of the Senate Chamber for this day was extended to Toni Tennille and Daryl Dragon.

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to Angie Wallin.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Patty Atcheson Melton.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Assemblyman Bill Bilyeu and Mrs. Bilyeu; Barry Auman and Cub Scout Pack No. 33 - Scorpion Den, leader Sheila Anderson and the following scouts: Daniel Anderson, Krista Anderson, Jeremy Larkin, Matthew Barron, John Gerhauser, William Leister, Amy Minifie, Kendall MacHutta, Sheila Anderson, Evelyn Larkin, Mike Barron and Denise Leathers.
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On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Lois James.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Nettie Oliverio.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Pat Smith.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Nancy Deaner.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Catherine Manoukian.

On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Julie Gilday-Shaffer.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Mimi Rodden.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Diane Kennedy.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Roger Thomas.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Brad Van Woert.

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Candy Schneider and Marcia Neel.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Lizette Harrison.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to John Shelton.

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

Senator Raggio moved that the Senate adjourn until Monday, March 10, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 12:18 p.m.

Approved:

Lawrence E. Jacobsen

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