NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE EIGHTY-SEVENTH DAY
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Carson City (Wednesday), April 16, 1997
Senate called to order at 11:05 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present, except Senators McGinness and Raggio, who were excused.
Prayer by The Reverend Lary Rothchild.
Gracious Father, we rejoice in Your goodness upon our lives and ask for Your wisdom as we remember Your bounty in our enjoyment of it. May our lives reflect Your love and mercy in our business with one another.
Amen.
Pledge of allegiance to the Flag.
Senator Rawson 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 were referred Assembly Bills Nos. 105, 107, 108, 202, 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 pro Tempore:
Your Committee on Judiciary, to which was referred Senate Bill No. 118, 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 pro Tempore:
Your Committee on Transportation, to which were referred Senate Bill No. 221; Assembly Bills Nos. 101, 130, 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, April 14, 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 Bills Nos. 146, 241, 292.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, April 15, 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. 93.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 328.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Senate Bill No. 194 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senator Neal.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources:
Senate Bill No. 293--An Act relating to the division of agriculture of the department of business and industry; requiring the administrator of the division to appoint a person to manage the activities of the division pertaining to wild horses and estrays; providing that the person appointed is in the unclassified service; providing his duties; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 294--An Act relating to education; authorizing the disclosure of the financial records of postsecondary educational institutions under certain circumstances; 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 the Committee on Human Resources and Facilities:
Senate Bill No. 295--An Act relating to the commission on professional standards in education; authorizing appointment by the governor of a person nominated by the dean of the College of Education at one of the universities in the University and Community College System of Nevada to serve on the commission in place of the dean; 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 Schneider:
Senate Bill No. 296--An Act relating to shooting ranges; regulating the operational practices of shooting ranges; providing certain immunities; requiring compensation for the cost of relocating a shooting range situated on property taken by eminent domain; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 297--An Act relating to business organizations; making various changes concerning their organization, operation and merger; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Titus:
Senate Bill No. 298--An Act relating to cruelty to animals; making it unlawful to trip or fell a horse for entertainment or sport under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Titus:
Senate Bill No. 299--An Act relating to proprietary security officers; regulating the employment of certain proprietary security officers; providing a penalty; 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. 300--An Act making an appropriation to the Southern Humanities Commission for an additional position; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Adler:
Senate Bill No. 301--An Act relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for certain sales messages printed pursuant to the special order of a purchaser; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Adler:
Senate Bill No. 302--An Act relating to community water systems; authorizing the board for financing water projects to accept and distribute money, land, equipment and any other appropriation from the Federal Government; revising the provisions governing eligibility to receive loans and grants for making capital improvements to publicly owned water systems; and providing other matters properly relating thereto.
Senator Adler moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Natural Resources.
Remarks by Senator Adler.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 303--An Act relating to taxicabs; revising the authority of the taxicab authority to limit the hours of service of taxicabs in certain counties; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 304--An Act relating to taxicabs; removing the authority of the taxicab authority to determine the hours of operation of additional taxicabs allocated pursuant to a temporary increase in the allocation of taxicabs in certain counties; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 305--An Act relating to local government finances; revising the provision governing the calculation of the limitation upon revenue from taxes ad valorem for local governments; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 306--An Act relating to real estate licensees; providing for the administrative review of a disciplinary action against a licensee upon the discovery of new evidence; providing remedies upon a determination that the licensee did not commit the violation that was the subject of the disciplinary action; 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. 307--An Act relating to Oriental medicine; providing for the certification of interns; authorizing the licensure of a person to practice as a licensed acupuncturist; revising the requirements for a separate license to practice Oriental medicine or acupuncture; making various other changes to provisions governing Oriental medicine; 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. 146.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 241.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 292.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 328.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 164.
Bill read second time and ordered to third reading.
Senate Bill No. 178.
Bill read second time and ordered to third reading.
Senate Bill No. 202.
Bill read second time and ordered to third reading.
Senate Bill No. 217.
Bill read second time and ordered to third reading.
Senate Bill No. 230.
Bill read second time and ordered to third reading.
Senate Bill No. 272.
Bill read second time and ordered to third reading.
Assembly Bill No. 4.
Bill read second time and ordered to third reading.
Assembly Bill No. 8.
Bill read second time and ordered to third reading.
Assembly Bill No. 127.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 4.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Senate Bills Nos. 102, 232, 244, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 16, 1997
To the Honorable the Senate:
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 15 and requests a second conference, and appointed Assemblymen Buckley, Anderson and Sandoval as a second Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 15.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 14.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 14.--Designating April 13 through April 19, 1997, as Victims' Rights Week.
Whereas, The cost of crime in this country is approximately $105 billion annually including the loss of property and productivity as well as exorbitant medical expenses, which amounts to an annual "crime tax" of approximately $425 for every citizen of the United States; and
Whereas, A violent crime is committed approximately every 18 seconds in this country; and
Whereas, Crime increased almost 40 percent during the years from 1990 to 1994, and the State of Nevada has one of the highest crime rates among the western states, totaling 6,677 crimes for every 100,000 residents in 1994; and
Whereas, Victims of crime often suffer not only physical injuries, but devastating emotional trauma and pecuniary losses as well; and
Whereas, The criminal justice system relies almost entirely upon information provided by the victim in solving crimes, and this places additional stress upon victims who have already suffered intense physical or emotional trauma, or both; and
Whereas, In a show of support and determination, the residents of Nevada amended section 8 of article 1 of the Nevada Constitution to provide for increased rights for victims of crime; and
Whereas, The Nevada Legislature has supported and continues to support, through its legislative efforts, innocent victims of crime; and
Whereas, The observance of a Victims' Rights Week provides an excellent opportunity for all residents of this state to reflect upon this tragic problem, become more aware of the problems faced by victims of crime and take an active role in providing aid and support for victims of crime in their communities; and
Whereas, Dedicated members of VICTORY (Victims in Crisis, Turmoil or Recovery), a victims' rights organization in Northern Nevada, have worked tirelessly to aid victims of crime and have strived to see that justice is attained by ensuring a balance between the rights of the victim and the rights of the accused; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby designate April 13 through April 19, 1997, as Victims' Rights Week; and be it further
Resolved, That the Nevada Legislature hereby commends all organizations that provide services to victims of crime and expresses its sincere gratitude to the members of the Northern Nevada victims' rights organization, VICTORY, for their continuing efforts to help those victims in need of understanding and assistance; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Kathy Jacobs, President of the Northern Nevada victims' rights organization, VICTORY
Senator Rawson moved the adoption of the resolution.
Remarks by Senators Rawson, James, O'Donnell and Washington.
Senator Jacobsen requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Mr. President. This is a special day to have people with us representing VICTORY (Northern Nevada Victims' Rights Organization). I might note that when I started in the legislature a dozen years ago, there was little help or regard for the victims of many of our crimes. It has been a pleasure to see a steady progression of laws such as in prison industries helping men and women generate resources that can be used to compensate victims and other laws that have made it possible for victims to know where their attackers or criminals are located or when they are being released. We have seen an enlightened effort in this area, but we still have a way to go. We appreciate the efforts that have been accomplished. It is befitting to set aside a special time for us to be aware of victims' rights and for victims' rights to be brought to everyone's attention. I wholeheartedly recommend the adoption of this resolution.
Senator James:
Thank you, Mr. President. I do not have any prepared remarks about ACR No. 14; however, this resolution means such a great deal to me that I rise in support of it and want to say a few words about it. Probably the biggest job a state legislature has, as I have said before, is to address crime. We hear about crime bills in Congress. We hear about the federal government dealing with crime. Of all crimes, 95 percent are prosecuted and the offenders are punished under state law. It is peculiarly the responsibility of a state legislature to make safe the citizens within its boundaries.
We have heard about the cost of crime, about $4 billion per year and the crime tax. That figure cannot begin to estimate the incalculable cost, which cannot be calculated in terms of numbers, the victims of crimes suffer. As a member of the Judiciary Committee for the past three legislative sessions, I have been in a position with my fellow colleagues on that committee to have come before us, time after time, the families of murder victims, other victims of horrible crimes committed in our state and to hear their stories. We heard about how they were victimized once, and they were victimized again in a criminal justice system that did not even recognize them as having constitutional rights. They do now. This legislature can be proud of itself for the things it,s done, enacting a Constitutional amendment to set forth in the constitution that victims have rights too in the criminal process and for taking the "bull by the horns" with a number of pieces of very difficult legislation, very hard to get passed in this house and very hard to enact, including the Truth in Sentencing Act from last session. Nevada being one of the first states in the country to enact a Megan's Law following right on the heals of the state where that terrible crime occurred, New Jersey. We passed SB No. 192 of the 68th Session.
Through this experience, I have come to know these families. I have been asked to and now serve as an honorary member of the board of a group called Families of Murder Victims. To know that there is a group in Nevada called the Families of Murder Victims, strikes at your heart. The group gets bigger every year. You go to their meetings and they sit in a group and talk about what happened to their family and how a life was lost but then how many more lives were devastated forever. When you go to those meetings and talk to those people, you become recommitted.
Because, Mr. President, we are members of the legislature and often get caught up in the political aspects of the job, getting the job done, people and lobbyists in and out of our offices; we have to have a sense of our purpose here. You have to have a sense of purpose. When you see these families and when you hear about these crimes and the injustices that still remain in our system, you feel that sense of purpose. It makes you feel good about being here. You really can do something to change.
So on this great designation of a week of victims' rights, I think this is a good time for all of us to pause and take stock of our sense of purpose, to recommit ourselves to that great task that is still before us. Because we read everyday in the papers about a child abducted, about a murder committed, about a wife battered, about a domestic violence situation that is unaddressed in the criminal justice system, we have a great deal of work ahead of us. We have a bill to reform our prison system, so that people in prison are not just warehoused and come back better criminals, but they come back, maybe, as contributors to society and people whom we do not have to be afraid of anymore. A bill that we will hear tomorrow stating that a victim should not go to school with the person who raped them. We do not have that law in Nevada today, believe it or not. We are going to enact it if we can this session. There are so many more measures, taking sex offenders and treating these offenders so that if they are released, as 90 percent are released to the streets of our communities and in the midst of our children, we can at least feel like we are not playing Russian Roulette which is what we are doing now.
Let's honor the victims. Let's talk about Victims' Rights Week. It is a great thing. We have families here that will be introduced that I am familiar with and have assisted in the passage of this great legislation we have talked about. Let's also rededicate ourselves to the job of a state legislator. Probably the biggest job a state legislator has is being able to return to your constituents and say that you did something to make them safer in their homes, and their children safer in their schools. That is what this means to me. I urge all of us to adopt and support ACR No. 14. and the Victims of Crime Week. Give them the honor they deserve and sympathize with the tragedy they have suffered, and may that tragedy turn in to something better for the future, lives saved, crimes prevented. Thank you, Mr. President.
Senator O'Donnell:
Thank you, Mr. President. I, too, support ACR No. 14. As the former speaker mentioned, we have done a lot in the past two sessions to do whatever is necessary for the victims of crime. Victims of crime come in all colors, races and creed. It transcends all boundaries. Victims are victims. Sometimes they are arbitrary victims; sometimes they are predetermined by the criminal. You cannot punish the criminal unless you have some sensitivity for the victim. For what is the purpose of punishing somebody if you are not sensitive to what happened to the victim. So in learning from these victims, learning what affects them, learning their pain, feeling that pain, then and only then, can you have the outrage to sentence a criminal for what they have done. You cannot change people's hearts unless you learn to be compassionate to the victim.
As we go through this legislative process, I hope that we as legislators can learn to be compassionate, learn to be sensitive so that we can pursue justice in these halls. Thank you, Mr. President.
Senator Washington:
Thank you, Mr. President. I would like to stand in support of Victims' Rights Week also. I would just like to say this, not so much on the resolution, but I would like to speak about the two young ladies who are sitting with Senator Rawson and what they mean to ACR No. 14. Crime has a tendency to affect us all. These two young ladies have demonstrated their bravery and their courage by standing for victims that have been affected by crime. They have volunteered their time, effort and energy to work with other victims and create an advocacy group call VICTORY. Not only did they spend their time and energy in this advocacy group but they have exposed their pain, their suffering and the anguish that they have gone through to this legislative body. They have even tried to inform the public and offer a support group to other victims. This past weekend they had a candlelight vigil that I had an opportunity to attend. If you have ever had the chance to attend a candlelight vigil to watch and listen to these victims' stories, it gives you a sense of renewed hope and energy to understand that we have people who are resilient and able to overcome their problems and the circumstances that are in their lives.
These two young ladies had a father who loved his community. They had a business on Terminal Way, Tony's Delicatessen. It was a cheerful place. It was a place that people often frequented, bought a sandwich, bowl of soup. These two young ladies had an opportunity to serve you and they gave you a sense of joy. But, for me, to wake up one morning and read in the paper that after closing his restaurant somebody had entered and slew him and that the two young ladies returned the next morning to find their father dead on the floor was devastating. This gives me the opportunity to say that if nothing else came out of this tragedy, if we were not able to pass any more legislation and if we were not able to ensure more victims' rights, to be able to see their bravery and commitment to help others who may have had a tragedy in their family or in their life is uplifting and is a tribute to their father.
I would like to add one note in closing, sometimes we think crime is distant, far away. This past Sunday I received a phone call that I shared with Senator Mathews. A young lady who attended our church for many years and who was a close friend was strangled to death. Crime is not as far away as you would like to say it is. Sometimes it is as close as a relationship that you have known for many years. Just to know that this group (VICTORY) is out there and that there are many other victims' groups gives me the knowledge that there is support and hope. I sometimes think that the legislation we pass is not a response to just groups but a response out of frustration--that the citizens and their families and friends are frustrated with crime running rampant and affecting our lives. This is to say that we want to do something about crime and we are tired of it. Because of people like this, this issue is brought to our attention and we must act. I support ACR No. 14.
Resolution adopted.
UNFINISHED BUSINESS
REPORTS OF CONFERENCE COMMITTEES
Mr. President pro Tempore:
The first Committee on Conference concerning Assembly Bill No. 15, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Committee on Conference, to consist of 3 members, for the further consideration of the measure.
Maurice Washington Dario Herrera
Valerie Wiener John C. Carpenter
Lawrence E. Jacobsen Gene Wines Segerblom
Senate Committee on Conference Assembly Committee on Conference
Senator Washington moved that the Senate adopt the report of the first Committee on Conference concerning Assembly Bill No. 15.
Remarks by Senator Washington.
Motion carried.
APPOINTMENT OF CONFERENCE COMMITTEES
Mr. President pro Tempore appointed Senators O'Donnell, Shaffer and Porter as a second Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 15.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 124, 141; Assembly Bill No. 141.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Toni Angelini and Adriene Angelini.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Mary Yoshisato and her working guide dog, Decker; Becki Friend and her guide dog in training, Fielder; Warren Wish and his guide dog in training, Topaz.
Senator Rawson moved that the Senate adjourn until Thursday, April 17, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 12:29 p.m.
Approved:
Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas
Secretary of the Senate