NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE NINETY-THIRD DAY
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Carson City (Tuesday), April 22, 1997

Senate called to order at 10:33 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Mathews, who was excused.

Prayer by The Reverend Jeffrey Paul.
Almighty God, give to our senators courage, wisdom, and foresight to provide for the needs of all our people, and to fulfill our obligations in all the communities of the State of Nevada; in Your Name we 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:
Your Committee on Government Affairs, to which was referred Senate Bill No. 249, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 21, 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. 11, 42, 147.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Senate Bills Nos. 57, 63, 146, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 65, 102, 274.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 133, 154, 243, 319.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, April 22, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 17.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senator Porter:
Senate Joint Resolution No. 13--Urging Congress to provide for a bridge with four traffic lanes in the vicinity of Hoover Dam.
Senator Porter moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Concurrent Resolution No. 17.
Senator Rhoads moved the adoption of the resolution.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Shaffer:
Senate Bill No. 320--An Act relating to professions; revising the provisions governing disciplinary action that may be taken against funeral directors, embalmers and operators of cemeteries and crematories; revising the provisions governing the licensing of an embalmer who is licensed in another state; authorizing the state board of funeral directors, embalmers and operators of cemeteries and crematories to allow embalming under certain circumstances; revising the provisions governing the disposition of the cremated remains of certain dead bodies by an operator of a crematory; prohibiting an operator of a crematory from charging a public officer a fee for storing those cremated remains; providing a penalty; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 321--An Act relating to local governments; allowing a local government to authorize its planning commission to make certain decisions relating to the acquisition, vacation, abandonment or construction of certain real property by a local government; providing a procedure for the appeal of such decisions; 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 the Committee on Government Affairs:
Senate Bill No. 322--An Act relating to land use; revising the procedures governing the review of an application for the granting of a variance, special use permit or special exception in certain circumstances; revising the period during which certain decisions on a parcel map may be appealed; allowing a local government to authorize its representative or the planning commission to make certain determinations regarding the division of land into large parcels; providing for an appeal of such determinations; 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 the Committee on Natural Resources:
Senate Bill No. 323--An Act relating to general improvement districts; authorizing the board of trustees of a general improvement district to provide for the control and eradication of noxious weeds; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 65.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 102.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 133.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 154.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 243.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 274.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 319.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 10:50 a.m.

SENATE IN SESSION

At 11:52 a.m.
President Hammargren presiding.
Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 22, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 393.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 393 declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 193.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 168.
Amend section 1, page 1, line 1, by deleting "5" and inserting "1".
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"A judge of any court of justice for this state shall cause the telephone number of his office that is located within the".
Amend section 1, page 1, by deleting lines 6 through 10 and inserting:
"in the jurisdiction in which the court is located.".
Amend the title of the bill to read as follows:
"An Act relating to judges; requiring each judge to list the telephone number of his office in a telephone directory; and providing other matters properly relating thereto.".
Amend the summary of the bill, first line, by deleting "municipal".
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Joint Resolution No. 11.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 205.
Amend the resolution, page 2, by deleting lines 11 through 13 and inserting:
"calls upon the Congress of the United States to continue to ensure the permanent rights existing in those roads over public land that serve private property; and be it further
Resolved, That the Nevada Legislature hereby urges the Secretary of the Interior to allow for the identification of rights of way over public land in the State of Nevada through an administrative process;".
Amend the resolution, page 2, line 17, by deleting "Representatives and" and inserting "Representatives,".
Amend the resolution, page 2, line 18, by deleting "Delegation;" and inserting:
"Delegation and the Secretary of the Interior;".
Amend the preamble of the resolution, pages 1 and 2, by deleting lines 20 through 24 on page 1 and lines 1 through 8 on page 2 and inserting:
"to recognize the rights so acquired; now, therefore, be it".
Amend the title of the resolution by deleting the second line and inserting "public lands.".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 1.
Bill read second time and ordered to third reading.

Assembly Bill No. 7.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 204.
Amend section 1, page 1, line 19, after "state" by inserting:
"for the purposes of NRS 616A.160".
Amend section 1, page 2, between lines 9 and 10 by inserting:
"6. An owner of private property on which there are parking spaces designated for the handicapped, or the owner or operator of a business establishment located on such property, is not liable for any acts or omissions resulting from the issuance of a citation by a volunteer pursuant to this section.".
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 616A.160 is hereby amended to read as follows:
616A.160Volunteer officers attached to the Nevada highway patrol, volunteers appointed pursuant to section 1 of this act who qualify pursuant to subsection 4 of that section, the investigators appointed pursuant to NRS 481.243 or volunteers of a regularly organized and recognized police department, metropolitan police department or sheriff's unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of the chief of the Nevada highway patrol, chief of the investigation division of the department of motor vehicles and public safety or a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the Nevada highway patrol, investigation division or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of those chapters upon compliance therewith by the Nevada highway patrol, investigation division or the county, metropolitan police department, city or town.".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 18.
Bill read second time and ordered to third reading.

Assembly Bill No. 66.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 167.
Amend sec. 3, page 2, by deleting lines 22 through 27 and inserting:
"disposition of the official state records of each agency, board and commission which is required to develop those schedules pursuant to NRS 239.080.".
Amend sec. 5, page 3, lines 20 and 21, by deleting "[advice] approval" and inserting "advice".
Amend the title of the bill by deleting the third and fourth lines and inserting:

"requiring the committee to advise local governmental entities regarding the retention and disposition of official records of local".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes regarding committee to approve schedules for retention and disposition of official state records. (BDR 19-454)".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 230.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Titus moved that Senate Bill No. 140 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 170.
Bill read third time.
Roll call on Senate Bill No. 170:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Senate Bill No. 170 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 176.
Bill read third time.
Remarks by Senators Raggio and Townsend.
Roll call on Senate Bill No. 176:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Senate Bill No. 176 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 216.
Bill read third time.
Remarks by Senators Adler and Raggio.
Roll call on Senate Bill No. 216:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Senate Bill No. 216 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 4.
Bill read third time.
Roll call on Assembly Bill No. 4:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Assembly Bill No. 4 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 8.
Bill read third time.
Roll call on Assembly Bill No. 8:
Yeas -- 17.
Nays -- None.
Not voting -- O'Connell, Raggio, Townsend -3.
Excused -- Mathews.
Assembly Bill No. 8 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 95.
Bill read third time.
Roll call on Assembly Bill No. 95:
Yeas -- 19.
Nays -- NeaL.
Excused -- Mathews.
Assembly Bill No. 95 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 101.
Bill read third time.
Roll call on Assembly Bill No. 101:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Assembly Bill No. 101 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 393.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 393:
Yeas -- 20.
Nays -- None.
Excused -- Mathews.
Assembly Bill No. 393 having received a constitutional majority, Mr. President declared it passed.
Senator Raggio moved that all rules be suspended and that Assembly Bill No. 393 be immediately transmitted to the Assembly.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 105, 107, 108, 127, 130, 202; Assembly Joint Resolution No. 4, 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 Concurrent Resolution No. 16.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Judge J. Charles Thompson, Lee Chapman, Michael Brown and John Carrington.

On request of Senator Regan, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Capital Christian School: Cameron Snow, Bud Clark, Bethany Goodale, Megan Stearns, Veronica Coscarart, Ashley Geyer, Rachel Geyer, Anna Geyer, Janee Counsil, Michael Turcich, Michael Girouard, Brandon Chaney, Adam Hurst, Vietlyn Hubert, Joshua Counsil and Callie Hubert; teacher, Marsha Winckler; chaperones: Jeanine Counsil, Judi Clark and Anna Hubert.

Senator Raggio moved that the Senate adjourn until Wednesday, April 23, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:30 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate