NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE FIFTY-NINTH DAY

Carson City (Wednesday), March 19, 1997

Senate called to order at 11:11 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Rhoads, who was excused.
Prayer by the Chaplain, The Reverend Ruth Hanusa.
O Lord, there is so much to thank You for. Day by day we have more than enough to eat. We can pick and choose, and eat what we like. We're comfortably housed and clothed. We have all that we need and more. We thank You for the blessings which satisfy our physical needs. Increase our sense of thankfulness to remember: those who are homeless; those who are exiled; those who are orphaned; those who are naked; those who are oppressed; those who are diseased by malnutrition and illness; those who are starving; those who are dying; those who are brothers and sisters. Barriers of bureaucracy divide us. Apathy makes us impotent. Move among us in the power of Your Spirit that we may dare to move mountains, and try the impossible, because we are Your people caring for Your people.

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. 153, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Joint Resolution No. 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 103, 149, 191; Assembly Bill No. 141, 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 Judiciary, to which were referred Senate Bills Nos. 29, 33, 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 Transportation, to which was referred Assembly Bill No. 15, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 17, 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. 18, 19, 20.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 39, 79, 131, 192.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senator Jacobsen:
Senate Joint Resolution No. 11--Urging Congress to protect rights of users of roads over public lands against regulatory infringement.
Senator Jacobsen moved that the resolution be referred to the Committee on Transportation.
Motion carried.

By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 21--Directing the Legislative Commission to conduct an interim study of the feasibility of separating the Peace Officers' Standards and Training Committee from the Department of Motor Vehicles and Public Safety.
Senator Augustine moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Senator Raggio moved that Ande Engleman, NEVADA FILES; and Lorna McDaniel, RECORD COURIER; be accepted as accredited press representatives, and be assigned space at the press table and allowed the use of appropriate broadcasting facilities.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Porter:
Senate Bill No. 223--An Act relating to taxation; reducing the rate of taxation on aviation fuel; authorizing counties to impose a tax on aviation fuel; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Taxation.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 224--An Act making an appropriation to the National Judicial College for the establishment of a Death Penalty Resource Center; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 225--An Act relating to health insurance; providing for the reimbursement of an insured under certain policies of health insurance for the costs of certain services provided by a registered pharmacist; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 39.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 79.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 131.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 192.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 91.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 80.
Amend section 1, page 1, by deleting lines 3 through 8 and inserting:
""Complex property" means residential property which:
1. Is atypical for the market place in which it is located based on, without limitation, such factors as:
(a) The architectural style of the property;
(b) Special improvements made to the property;
(c) The size of the lot;
(d) The use of the property;
(e) Environmental factors related to the property; and
(f) Ownership of a partial interest in the property; and
2. Requires techniques to be used other than a comparison of sales or an analysis of
cost or income in order to produce a reliable appraisal of that property.".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 92.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 79.
Amend section 1, page 1, by deleting lines 11 through 14 and inserting:
"For each period, at least [3] 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate . [and at least 3 of the hours must be devoted to disclosing agency relationships.]".
Amend section 1, page 2, by deleting lines 9 through 12 and inserting:
"For each period, at least [3] 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate . [and at least 3 of the hours must be devoted to disclosing agency relationships.]".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senators Shaffer, O'Donnell, Mathews, Raggio, Townsend and O'Connell.
Senators O'Donnell, Mathews, Townsend and O'Connell disclosed interests in real estate.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 93.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 78.
Amend sec. 2, page 1, line 6, after the italicized period by inserting:
"The board may charge a fee of not more than $50 to register pursuant to this section.".
Amend sec. 3, page 1, line 12, after the italicized period by inserting:
"The board may charge a fee of not more than $50 to register pursuant to this section.".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. This act becomes effective upon passage and approval.".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 10.
Bill read third time.
Roll call on Senate Bill No. 10:
Yeas--20.
Nays--None.
excused--Rhoads.
Senate Bill No. 10 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bills Nos. 43, 46, 113, 125, 147; Assembly Bill No. 63, 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 Senate Concurrent Resolution No. 17.

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 the following students from Eagle Valley Middle School: Brittany Allen, Chad Argust, Derek Best, Justin Bibee, Michael Bouteiller, Christiann Bunce, Jesus Cid, James Dye, Lawrence Edwards, Michael Fulghum, Jennifer Funk, David Geiger, Robert Giomi, Matthew Giordanella, Nathan Johnson, Hamilton Kizer, Samantha McClanahan, Katelyn McDowell, Christopher McGuire, Melissa Mercer, Patrick Merifield, Keith Montes, Adam Peterson, Nicholas Rosky, Shandi Ruiz, Nicole Scudder, Omar Segura, Frank Serrano, Dyana Williford, Carl Winter, Michael Arce, Christopher Barr, Mistie Beach, Steven Blacker, Raymond Bouas, Christopher Bucknell, Kevin Case, Brandon Childers, Nicholas Cranston, Kyle Dargert, Lindsey Edwards, Jennifer Eller, Jamie Frady, Larry Johnson, Christopher Kihm, Kirsten Krasovec, Angela Law, Nokose Long, Timothy Mayes, Nicol McGill, Adam McKenzie, Stephanie Mejorado, Donald Moffat, Marlon Moncada, Tricia Province, Jhana Quick, Robert Sharp, Jenna Spiker, Chelsea Sulli, Carson Thomas, Javier Vega, Megan Whitaker, Amanda Adamson, Ashley Betz, Rodney Black, Ryan Buttner, Kathryn Callister, Christopher Chatwood, Sara Cufflin, Kathryn Doyle, Taryn Drum, Melanie Graber, Kristin Holmes, James Knowles, Jessica Lee, Nichole Mandoki, Tom Melton, Phillip Mercado, Marisa Ochoa, Phillip Ortiz, Chris Osborne, Christopher Scaffidi, Whitney Sherwood, Jared Stockton, Mackenzie Taylor, Tiffany Verduzco, Audrey Whitlow, Megan Zahnter, Jaime Phillips, Nicole Altamirano, Julian Angres, Darlene Argall, Cassidy Babineau, Roselynn Brillhart, Bobby Brown, Tony Charles, Shawna Conlan, Mark DeFriez, Mariel Elzalaki, Rebecca Fleming, Lindsey Fonda, Marisol Fuentes, Benjamin Jackson, Daniel Kihnm, Wendy Lopez, Ryan McIntosh, Travis McDonald, Benjamin Moore, Angela Mozingo, Christle Newton, Faye Ohmer, Sean Potter, Taney Ratcliffe, Jennifer Slepicka, Jennifer Stefonowicz, Chad Tlachac, April Varner, Sachin Verma, James White, Jenny Angel, Amber Baker, Amy Barlow, Allison Binder, Jennifer Conner, Cory Couch, Palmer Cronkhite, Kristene Goodman, Michael Graves, Patrick Haig, Christopher Jacobs, Jennifer Jacobsen, Elizabeth Jenkins, Brandon Johnson, Leia Kirk, Lacey Klein, Thomas Lovelace, Benjamin MacCarty, Jason Malterer, Shawn Meryhew, Tim Millim, Matt Moe, Rebecca Peacock, Jennifer Perry, Mitchell Price, Gregory Stephens and Matt Reed;
teachers Mrs. Christine Perdomo and Mrs. Kim Kunzel; chaperones Mrs. Marci Bevans, Mrs. Christy Joyce, Mr. Jon Kemmerer, Mrs. Theresa Bohman, Mrs. Susan James and Mrs. Susan McAffe, and the following students from E. W. Fritsch Elementary School: Shannon Arnold, Dustin Beauford, Valerie Bevans, Brittany Bohman, Gabriel Brown, Lara Contreras, Zachariah Copoulos, Ashly Domina, Ramiro Garcia, Joshua Harrah, Aron Harvey, Kelly (Stastny) Hill, Austin Hunsaker, Reed James, Kelsey Joyce, Nathan Kemmerer, Joseph Kinder, Reid Lauridsen, Adam Machart, Magali Maciel, Ryan Malkiewich, Erica McAfee, Audrina McNeil, Amanda Perez, Steven Ponte, Jose Rodriguez, Kathryn Rogers, Mallory Santos, Richard Sorenson, Briana Valley and Michelle VanEpps.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Virgil Getto.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Chris Cailliet and Dottie Cailliet.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Mike Murphy, Police Chief of Mesquite, Nevada.

On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Lorie Paparro.

Senator Raggio moved that the Senate adjourn until Thursday, March 20, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 11:48 a.m.

Approved:

Lonnie L. Hammargren, M.D.

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