NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE SIXTY-SEVENTH DAY
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Carson City (Thursday), March 27, 1997

Senate called to order at 11:09 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Shaffer, who was excused.

Prayer by the Chaplain, The Reverend Marvin Dennis.
Our Heavenly Father, thank You for another day to serve our fellowman and to worship You.
As Chaplain, I thank You for the privilege to stand before these senators and ask Your help to be theirs as they corporally work in this senate. I also thank You for the privilege to pray privately for each senator, individually, asking that Your blessing be in their personal lives.
In the Name of my Savior, I pray.

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 Commerce and Labor, to which was re-referred Senate Bill No. 106, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass as amended.

Randolph J. Townsend,

Chairman

Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 158, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.

Raymond D. Rawson,

Chairman

Mr. President pro Tempore:
Your Committee on Transportation, to which was referred Senate Bill No. 137, 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 26, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 62.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 3, 23.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 100.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Commerce and Labor:
Senate Bill No. 242--An Act relating to businesses; making various changes to provisions governing pawnbrokers and secondhand dealers; providing that junk dealers and secondhand dealers must be licensed pawnbrokers under certain circumstances; providing a penalty; 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. 243--An Act relating to industrial insurance; revising the qualifications for operating an employee leasing company; eliminating the requirement that an employee leasing company maintain an office in this state; authorizing an employee leasing company to act as a self-insured employer under certain circumstances; 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. 244--An Act relating to the regulation of health care; expanding the scope of certain provisions governing health care records; revising provisions governing proceedings before the board of medical examiners; revising provisions governing the investment of certain money received by the board; making various changes regarding the licensure of physicians and physicians' assistants; revising the fees that may be charged by the board; revising provisions governing disciplinary actions by the board; making various changes concerning prescriptions; 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 Government Affairs:
Senate Bill No. 245--An Act relating to taxation; revising the provisions governing compensation paid to the State of Nevada for the cost of collecting certain taxes; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senators Titus, Wiener, O'Connell and Regan:
Senate Bill No. 246--An Act relating to insurance; eliminating the prospective requirement for the prepayment of the insurance premium tax; revising the dates on which quarterly payments and annual reports are due; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senator Neal:
Senate Bill No. 247--An Act relating to facilities for storage; providing that a rental agreement for a facility for storage must include a disclaimer of the liability of the owner, lessor, operator and manager of the facility for loss or theft of personal property; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 248--An Act relating to real estate; providing for the regulation of the business of property management; prohibiting a person from acting as a property manager without the proper license and a permit issued by the real estate division of the department of business and industry; revising provisions governing the trust account of a real estate broker; amending the grounds for disciplinary action by the real estate commission; providing a penalty; 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. 100.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 100.
Amend sec. 2, page 2, line 16, by deleting:
"bill of sale" and inserting:
"brand inspection clearance certificate".
Amend sec. 3, page 2, line 18, before "days" by inserting "working".
Amend sec. 3, page 2, line 23, by deleting:
"bill of sale" and inserting:
"[bill of sale] brand inspection clearance certificate".

Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 123.
Bill read second time and ordered to third reading.

Senate Bill No. 151.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 71.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 2, by deleting lines 18 and 19 and inserting:
"(c) If the advertisement is for bids, whether the chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.".
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 2.
Amend sec. 4, page 3, by deleting lines 10 through 12 and inserting:
"4. If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
(a) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(b) The purchase of the alternative article results in a lower price; and
(c) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.".
Amend the title of the bill to read as follows:

"An Act relating to state purchasing; providing that the advertisement of bids must include a statement whether the chief of the purchasing division of the department of administration is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids; and providing other matters properly relating thereto.".
Amend the summary of the bill by deleting the second line and inserting:
"advertising bids. (BDR 27-161)".

Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 189.
Bill read second time and ordered to third reading.

Senate Joint Resolution No. 6.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 98.
Amend the resolution, page 1, line 21, by deleting "owned" and inserting "managed".
Amend the preamble of the resolution, page 1, line 4, by deleting "owns" and inserting "manages".
Amend the preamble of the resolution, page 1, line 8, by deleting "owned" and inserting "managed".
Amend the preamble of the resolution, page 1, line 12, by deleting "owned" and inserting "managed".
Amend the preamble of the resolution, page 1, line 16, by deleting "owned" and inserting "managed".
Amend the title of the resolution, second line, by deleting "owned" and inserting "managed".
Amend the summary of the resolution, second line, by deleting "owned" and inserting "managed".

Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.

Senate Joint Resolution No. 8.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 99.
Amend the resolution, page 2, line 1, by deleting:
"local telephone companies" and inserting:
"providers of telecommunications services".
Amend the resolution, page 2, by deleting lines 5 through 12.
Amend the resolution, page 2, line 13, by deleting "2." and inserting "1.".
Amend the resolution, page 2, line 16, by deleting "3." and inserting "2.".
Amend the resolution, page 2, line 19, by deleting "4." and inserting "3.".
Amend the preamble of the resolution, page 1, line 3, by deleting:
"Local telephone companies" and inserting:
"Providers of telecommunications services".
Amend the preamble of the resolution, page 1, line 6, by deleting:
"Local telephone companies" and inserting:
"Providers of telecommunications services".
Amend the preamble of the resolution, page 1, line 9, by deleting:
"local telephone companies" and inserting:
"providers of telecommunications services".
Amend the title of the resolution, second line, by deleting:
"local telephone companies"
and inserting:
"providers of telecommunications services".
Amend the summary of the resolution, second line, by deleting:
"local telephone companies"
and inserting:
"providers of telecommunications services".

Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.

Assembly Bill No. 39.
Bill read second time and ordered to third reading.

Assembly Bill No. 60.
Bill read second time and ordered to third reading.

Assembly Bill No. 124.
Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 17 of the 68th Session.
Resolution read second time and ordered to third reading.

Assembly Joint Resolution No. 33 of the 68th Session.
Resolution read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bill No. 146; Assembly Bills Nos. 15, 22, 79, 98, 141, 164; Assembly Joint Resolution No. 2, Assembly Joint Resolution No. 13 of the 68th Session, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

UNFINISHED BUSINESS
Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Assembly Bill No. 224.

REMARKS FROM THE FLOOR

Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. You see a dangling chain above the Secretary's desk and I think this is an appropriate time to disclose the following fact. Someone has invaded the sanctity of the Senate Chambers. They have purloined a trophy that was rightfully earned by the members of this body. We do not have a particular suspect in mind, but our intelligence reports that the perpetrator was caught in the act on the surveillance camera. The perpetrator or perpetrators have been identified. As a result, I think the honorable thing to do is to send a strong notice that this act will not be tolerated and that the trophy must be returned to its rightful spot. Although I do not want to identify the major perpetrator, however if necessary, he can be summarily removed by the security forces from his office as Chairman of the Infrastructure Committee along with any of his allies which are also involved. I have already sent word to my relative in Chicago. He is also going to participate in this action. I do think it is time. I want my remarks placed in the Journal for today so that they will get the message. They have 24 hours in which to return the trophy to this house. If that occurs, no further action will be taken. Otherwise, strong action will be taken.

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 students from the Health Policy Class, University of Nevada, Reno.

On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Sandy Ambrose and Kyle Ambrose.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Dave Pieretti, Sigrid Peiretti, Helena Pieretti, Carlee Pieretti and Joanne Wessel.

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

Senator Raggio moved that the Senate adjourn until Monday, March 31, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 11:44 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate