NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE EIGHTY-FIFTH DAY
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Carson City (Monday), April 14, 1997

Senate called to order at 11:05 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.

Prayer by The Reverend Larry Rothchild.
We still ourselves in Your presence, almighty God, to recognize who we are and who You are. Grant that we shall not have our convictions cowed into silence by those of differing convictions. Help us to know that it is not unkind to disagree and teach us to disagree without being disagreeable. Guard us that we shall not mistake kindness for weakness. I pray in the Name of Christ my Savior.

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 referred Senate Bill No. 194, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend,

Chairman

Mr. President pro Tempore:
Your Committee on Finance, to which were referred Senate Bills Nos. 178, 202, 217, 230, 272, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Senate Bill No. 164; Assembly Bills Nos. 4, 8, 127; Assembly Joint Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 9, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 124, 141.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 209.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 87, 258.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, April 10, 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. 58, 159, 230.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 9, 49.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendment to Assembly Bill No. 98.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Augustine:
Senate Bill No. 289--An Act making an appropriation to the Department of Education to administer a grant program to increase the ratio of school nurses to pupils; and providing other matters properly relating thereto.
Senator Augustine moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 290--An Act relating to municipal obligations; authorizing a metropolitan police committee on fiscal affairs to issue medium-term obligations under certain circumstances; exempting the committee from the requirement of obtaining approval from the executive director of the department of taxation before issuing a medium-term obligation for certain lease-purchase agreements; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senator Titus:
Senate Bill No. 291--An Act relating to railroads; expanding the authority of the public service commission of Nevada to regulate the safety of railroads in this state; requiring the commission to enter into an agreement with the Secretary of Transportation concerning the enforcement in this state of federal safety regulations and orders applicable to railroads; authorizing the commission to accept and expend federal money for carrying out a safety program relating to railroads; requiring the commission to adopt certain regulations relating to railroad safety; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senator Titus:
Senate Bill No. 292--An Act relating to elections; shortening the period for filing a withdrawal of candidacy for certain offices; requiring a county or city clerk to determine by lot the order in which the names of candidates for offices in certain elections will appear on the ballot; shortening the period during which a city clerk is required to provide a voting booth on the premises of his office for voting certain absent ballots; revising the period during which sample ballots must be mailed; expanding the area around a polling place where electioneering or the solicitation of votes is prohibited; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 9.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 49.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 58.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 87.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 159.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 209.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 230.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 258.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 232.
Bill read second time and ordered to third reading.

Senate Bill No. 244.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that Senate Bill No. 13 be taken from the General File and placed on the Secretary's desk.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 102.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 172.
Amend sec. 11, page 4, line 32, by deleting the comma and inserting:
"and section 1 of [this act,] Assembly Bill No. 39 of this session,".
Amend the bill as a whole by adding a new section designated sec. 31, following sec. 30, to read as follows:
"Sec. 31. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.

Senate Bill No. 128.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Senate Bill No. 128:
Yeas -- 21.
Nays -- None.
Senate Bill No. 128 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 207.
Bill read third time.
Remarks by Senators Neal, Wiener, Raggio and James.
Roll call on Senate Bill No. 207:
Yeas -- 19.
Nays -- Neal, Regan---2.
Senate Bill No. 207 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 227.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Senate Bill No. 227:
Yeas -- 21.
Nays -- None.
Senate Bill No. 227 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 238.
Bill read third time.
Roll call on Senate Bill No. 238:
Yeas -- 21.
Nays -- None.
Senate Bill No. 238 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 239.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Senate Bill No. 239:
Yeas -- 20.
Nays -- Neal.
Senate Bill No. 239 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 5.
Resolution read third time.
Roll call on Senate Joint Resolution No. 5:
Yeas -- 21.
Nays -- None.
Senate Joint Resolution No. 5 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Resolution ordered transmitted to the Assembly.

Assembly Bill No. 141.
Bill read third time.
Remarks by Senator Neal.
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. When Assembly Bill No. 141 was heard on the floor on April 9, I raised a question at that time concerning the training of these individuals. Since then, I have talked with Mr. Ben Graham, of the District Attorney's Office of Clark County, who assured me that these people would be required to have the same training as any one of us who would have these types of permits. I would like to have these remarks inserted into the record as to the intent of this.
Roll call on Assembly Bill No. 141:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 141 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 7.
Resolution read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Joint Resolution No. 7:
Yeas -- 19.
Nays -- Coffin, Titus--2.
Assembly Joint Resolution No. 7 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Bill No. 84; Assembly Bills Nos. 98, 124, 164; Assembly Joint Resolution No. 2; Assembly Joint Resolutions Nos. 13, 17, 33 of the 68th Session.

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 the Bordewich-Bray Elementary School: Amanda Beer, Monica Gregory, Jessica Hume, Amanda McGill, Emily Mulcahy, Michelle Peltier, Meliza Ramirez, Sandra Rios, Viviana Segovia, Nora Solis, Shelbie Stevenson, Brittanie Tushay, Sierra Woodward, Courtney Coburn, Daniela Licano, Kaylin Armstrong, Douglas Boedenauer, Gregory Bowman, Kyle Bryan, Laban Gillian, Wesley Cherry, Marvin Higday, John Jibson, Jared Malterer, Saul Montes, George Tewanema, Skyler Turner, Brian Welch, Joel King, Robert Richardson, Ryan Wilson and Jonathan Hiatt; chaperones: Terri Armstrong and Cat Boedenauer and teacher; Mrs. Geraets-Rauh.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Hannah Zane and Len Zane.

REMARKS FROM THE FLOOR

Senator Rhoads requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. I would like to call your attention to the fact that Sam McMullen's father passed away last week. Samuel C. McMullen was an Elko native who served on the State Board of Education, helped establish the Great Basin Community College and was part-owner of the Elko Independent Newspaper. He died Thursday, at Washoe Medical Center in Reno, following a brief illness. He was 79 years old.
He was born in 1917. His grandfather, also named Samuel, came through the area with the Central Pacific Railroad crews building the first transcontinental railroad and returned to homestead in Starr Valley in 1888.
He was raised on the family ranch in Starr Valley and graduated from Elko High School in 1936. He continued his schooling at the University of California at Berkeley. He returned to Elko and began his career as a certified public accountant.
He was a life-long Democrat. In 1976, when I first ran for a seat in the Assembly as a Republican, he was my finance chairman. He has been very close to my family and to my career since that time.

Senator McGinness requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. I would also ask that we adjourn today in the memory of a good friend of mine, Fred Colip, who died in a parachuting accident yesterday north of Reno. Fred was a Fallon High School art teacher who really loved his students. He will be missed by the entire community.

Senator Raggio moved that the Senate adjourn until Wednesday, April 16, 1997 at 11 a.m. and that it do so as requested by Senators Rhoads and McGinness.
Motion carried.

Senate adjourned at 11:51 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate