NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE NINETY-NINTH DAY
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Carson City (Monday), April 28, 1997

Senate called to order at 10:07 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Shaffer, who was excused.

Prayer by Father Jerry Hanley.
Almighty Father, God of Abraham, Isaac and Jacob, our God, You have reconciled every person and nation to Yourself. We join in prayer to be resolved to restore the fair earth. Let us speak and live the words of justice, peace and inclusion so we will not be blind to Your call, Your judgment and Your presence. Bless this senate and those they serve with wisdom, charity and hope.

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 Finance, to which was referred Senate Bill No. 115, 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 Finance, to which was referred Senate Bill No. 218, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President pro Tempore:
Your Committee on Government Affairs, to which was referred Senate Bill No. 215, 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

Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 29, 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 Human Resources and Facilities.

Raymond D. Rawson,

Chairman

Mr. President pro Tempore:
Your Committee on Taxation, to which were referred Senate Bills Nos. 198, 223, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 25, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Senate Bill No. 9, and respectfully requests your honorable body to concur in said amendment.
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. 7.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 185, 261, 287, 314.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved that Assembly Bill No. 29 just reported out of committee be placed on the Second Reading File for amendment.
Remarks by Senator Rawson.
Motion carried.

By Senators McGinness, Adler, Augustine, Coffin, Jacobsen, James, Mathews, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 30--Congratulating Mineral County High School's girls' basketball team for winning the 1997 3A state championship, which was its fourth consecutive state championship.
Whereas, For the fourth year in a row, the Mineral County High School's girls' basketball team won its conference, zone and state championships compiling a record of 104 wins against 11 losses; and
Whereas, This is the first time in the history of Nevada that a girls' high school basketball team has won four state championships in a row; and
Whereas, The Mineral County High School's "Lady Serpents" have demonstrated a spirit and determination that has exceeded all expectations as these remarkable ladies continue to give 110 percent to their school and to their team as team players; and
Whereas, This year's "Lady Serpents" include Kim Dement, Courtney Ewing, Nicole Ferrell, Jayci Madraso, Temple Montoya, Jennifer Munger, Ashlee Orndorff, Courtney Quintero, Ericka Selby, Kori Winters and Shalon Worthen, managers, Shawntee Mathews and Brigette Peterson, Coaches, John Madraso, Willow Phillips and George Winters, Assistant Coach Liane Filkowski and Head Coach David Gelmstedt; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby extend their congratulations to the Mineral County High School's girls' basketball team upon winning four state championships in a row; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mr. Richard Stokes, Principal of Mineral County High School, and to Head Coach David Gelmstedt.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. We are very happy to have most of the members of the girls' team with us today. We believe that this is the first time that any team, not just in girls' high school basketball, has won four state championships in a row. So, we are very proud to have the team members and staff with us today. There are only three seniors on the team, so they will be here for some time. I am very happy to support this resolution and hopefully in two years we will be back to commend the team for its sixth win.
Resolution adopted.
Senator McGinness moved that Senate Concurrent Resolution No. 30 be immediately transmitted to the Assembly.
Motion carried.

By Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 31--Congratulating the Bishop Gorman High School's boys' basketball team for winning the class 4A state championship.
Whereas, The Bishop Gorman High School's boys' basketball team was victorious this year with an impressive 53-39 win over Galena High School's boys' basketball team to capture the first class 4A state title; and
Whereas, This championship victory resulted from a season of continuously demonstrated skill, fighting spirit and good sportsmanship reflecting credit upon the combined leadership of their coaches, Jeff Wagonseller, Tom Hughes, Dan Bisek and Robert Smith, and trainers Jeff Simonin and Dan Cabrera; and
Whereas, The championship team included Shane Christensen, Darrell Ewell, Angelo Fernandez, Robby Findlay, Luke Jackson, Brandon Meissner, Joe O'Connell, Ryan Peters, Kendall Soares, Moe Terry, Jason Van Meetren, Greg Warpinski, Cameron Wells and Ethan Williams; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature extend their congratulations to the Bishop Gorman High School's boys' basketball team for winning the class 4A state championship; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Fr. Tom Von Behren, President, Dr. Dave Erbach, Principal, Chuck Gerber, Athletic Director and Sally Nieman, Assistant Athletic Director of Bishop Gorman High School.
Senator Augustine moved the adoption of the resolution.
Remarks by Senators Augustine and O'Donnell.
Senator Augustine requested that the following remarks be entered in the Journal.
Senator Augustine:
Thank you, Mr. President pro Tempore. Unfortunately, due to the monetary constraint and the distance from the Capital, being a private catholic high school, the members of the Bishop Gorman team could not join us for this presentation today. However, I do have Brother Matthew Cunningham, Superintendent of Schools for the Diocese of Reno with me today. He used to be the boss when I was teaching school and we were the Diocese of Reno-Las Vegas. Brother Cunningham was also the former principal of Bishop Manogue. He has agreed to come today to accept this resolution on behalf of the 4A state champions from Bishop Gorman High School.
Senator O'Donnell:
Thank you, Mr. President pro Tempore. I too want to support this resolution. Bishop Gorman High School has had an ongoing battle with Durango High School. There has been a natural rivalry between the two high schools. When Durango was eliminated, early on, the hopes for Bishop Gorman High School to win the Nevada championship was pretty eminent. These kids put their hearts and souls into this basketball team. I went to grade school with the father of one of the members, Shane Christianson. Now, his son is on the team of Bishop Gorman and has received a full-ride scholarship to the University of Montana. Look for his name in the sports news for his success in the future. Ryan Peters is my nephew. So, I have pride that one of my kin is a member of this winning team of the 1997 4A championship in Nevada. These kids did a tremendous job. They were under a lot of pressure. The team they played against was a very, very good team and it was unfortunate they did not win. But, someone has to win and fortunately it was Bishop Gorman High School, my alma mater. We appreciate these kids and wish them the best of luck. I urge your support for this resolution.
Resolution adopted.

Senator Augustine moved that Senate Concurrent Resolution No. 31 be immediately transmitted to the Assembly.
Motion carried.

By Senator Neal:
Senate Concurrent Resolution No. 32--Expressing approval of the investigation conducted by the State Gaming Control Board concerning the Frontier Hotel and Gaming Hall in Las Vegas and urging further investigation by other law enforcement agencies.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Neal:
Senate Bill No. 329--An Act relating to public welfare; requiring the state plan for assistance to the medically indigent to offer at least one health care plan which does not provide health care services through a health maintenance organization; requiring the state plan to allow certain persons to choose whether or not to enroll in a health care plan that provides health care services through a health maintenance organization; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By Senator Neal:
Senate Bill No. 330--An Act relating to civil actions; providing that community action agencies and their direct successors in interest are political subdivisions of this state for purposes of determining civil liability; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Neal:
Senate Bill No. 331--An Act relating to actions concerning persons; revising the provisions governing the liability of a person engaging in certain speech; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senators Adler, Jacobsen, Porter, Washington and Wiener:
Senate Bill No. 332--An Act relating to education; authorizing the formation of a public school specializing in science and technology at the Stewart Indian School; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Finance:
Senate Bill No. 333--An Act relating to welfare; requiring the state plan for assistance to the medically indigent to provide payment to hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients in proportion to the number of Medicaid patients, indigent patients or other low-income patients to whom each hospital provided health care services during the preceding year; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 334--An Act relating to prosecuting attorneys; creating the advisory council for prosecuting attorneys; prescribing its powers and duties; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 335--An Act relating to highways; expanding the time within which certain bonds for highway construction must mature; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 336--An Act making a supplemental appropriation to the Division of Insurance of the Department of Business and Industry for unanticipated additional operating costs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 337--An Act making a supplemental appropriation to the Mental Hygiene and Mental Retardation Division of the Department of Human Resources for an unanticipated increase in the caseload at the Facility for the Mental Offender; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 338--An Act relating to making a supplemental appropriation to the Office of the Governor for additional travel and operating expenses; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 185.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 261.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 287.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 314.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 192.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 170.
Amend section 1, page 2, by deleting lines 1 and 2 and inserting:
"8. Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this state for the purpose of mutilating the genitalia of the".
Amend sec. 2, page 2, by deleting lines 7 and 8 and inserting:
"(a) Mutilates, or aids, abets, encourages or participates in the mutilation of, the genitalia of a female child; or
(b) Removes a female child from this state for the purpose of ".
Amend sec. 2, page 2, by deleting lines 23 and 24.
Amend sec. 2, page 2, line 25, by deleting "(c)" and inserting "(b)".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 212.
Bill read second time and ordered to third reading.

Senate Bill No. 240.
Bill read second time and ordered to third reading.

Senate Bill No. 245.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 203.
Amend sec. 4, page 2, line 41, by deleting "1997." and inserting "1999.".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 246.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 206.
Amend sec. 2, page 2, by deleting lines 20 and 21 and inserting:
"quarterly payment is due on the last day of the last month in each calendar quarter [.] and is payable on or before the last day of the month next succeeding the calendar quarter for which the".
Amend sec. 2, page 2, line 25, by deleting "estimated" and inserting "[estimated]".

Amend the title of the bill by deleting the second and third lines and inserting:
"the insurance premium tax; revising the date on which annual reports are due; revising the time within which quarterly payments are payable; and providing other matters properly relating thereto.".
Amend the summary of the bill by deleting the second line and inserting:
"and revises dates on which annual reports are due and quarterly payments are payable.".
Senator Titus moved the adoption of the amendment.
Remarks by Senators Titus, Porter, Raggio and McGinness.
Conflict of interest declared by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 34.
Bill read second time and ordered to third reading.

Assembly Bill No. 80.
Bill read second time and ordered to third reading.

Assembly Bill No. 162.
Bill read second time and ordered to third reading.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 28, 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. 20.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 20--Designating April 28, 1997, as Workers' Memorial Day in the State of Nevada.
Whereas, The American Federation of Labor and Congress of Industrial Organizations will observe Workers' Memorial Day this year on April 28, 1997; and
Whereas, This is a day to remember workers who have been injured, diseased or killed on the job and to renew the commitment to prevent these tragedies in the future; and
Whereas, This date has significance in that it is the anniversary of the Occupational Safety and Health Act; and
Whereas, Every year more than 6 million workers are injured, diseased or killed on the job which amounts to approximately one worker every 5 seconds; and
Whereas, In the State of Nevada alone, there have been 40 employees killed on the job between January 1, 1996, and March 31, 1997; and
Whereas, These tragedies and the devastation they cause for families and co-workers are too often quickly forgotten; 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 hereby designate April 28, 1997, as Workers' Memorial Day, a day to honor and remember workers who have died or been injured as a result of work-related accidents; and be it further
Resolved, That residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety in the workplace so that future tragedies can be prevented.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus and Neal.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President pro Tempore. I would urge everyone to vote in favor of this resolution which designates today as "Workers' Memorial Day." The date is significant because it is the anniversary of the passage of the Occupational Safety and Health Act. It never hurts for us to take a moment to remember people who have been injured, killed or diseased on the job and to renew our commitment to try to prevent such tragedy in the future.
Senator Neal:
Thank you, Mr. President pro Tempore. I also rise in support of this resolution. I think it is an honorable thing for this Senate to vote for the passage of this resolution which memorializes workers who have died on the job or who have been injured on the job. It is important to understand that the workers of our state and our nation have made a great contribution to the development of this industrial country of ours. I have often said, in the past, that without the workers the State of Nevada, particularly the north and the south of the state, would still be residents of gila monsters, rattlesnakes and other animals which occupy this area in its natural state. Because of the workers, we now have tall buildings, streets, hotels and many other things of an industrial nature in the State of Nevada. I think it is important and fitting that we memorialize the workers of this state, and other states as well, who have made such great contributions to the building and other activities that workers are engaged in. Often, workers do not receive credit for many things which are done. Often the credit goes to those who have the money to erect the buildings and have the ideas for their creation. But, no idea could come to fruition, not even this building, without the masonry, carpentry and the workers to put this together and make it a viable place to which people can come. Therefore, Mr. President pro Tempore, I am pleased to support this particular resolution.
Resolution adopted.

SECOND READING AND AMENDMENT

Assembly Bill No. 29.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 227.
Amend sec. 15, page 3, line 30, by deleting "wearing" and inserting "who possesses".
Amend sec. 16, page 3, line 38, by deleting "wearing" and inserting "who possesses".
Amend sec. 16, page 3, line 42, by deleting "wearing" and inserting "who possesses".
Amend sec. 16, page 4, line 3, by deleting "wearing" and inserting "who possesses".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that upon return from reprint Assembly Bill No. 29 be re-referred to the Committee on Human Resources and Facilities.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Human Resources and Facilities.

GENERAL FILE AND THIRD READING

Assembly Bill No. 49.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 49:
Yeas -- 20.
Nays -- None.
Excused -- Shaffer.
Assembly Bill No. 49 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 51.
Bill read third time.
Roll call on Assembly Bill No. 51:
Yeas -- 20.
Nays -- None.
Excused -- Shaffer.
Assembly Bill No. 51 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 52.
Bill read third time.
Roll call on Assembly Bill No. 52:
Yeas -- 20.
Nays -- None.
Excused -- Shaffer.
Assembly Bill No. 52 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 106.
Bill read third time.
Roll call on Assembly Bill No. 106:
Yeas -- 20.
Nays -- None.
Excused -- Shaffer.
Assembly Bill No. 106 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS
Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 64, 88, 146; Senate Concurrent Resolutions Nos. 28, 29; Assembly Bills Nos. 1, 7, 18, 105, 107, 108, 127.

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 Shalon Worthen.

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to Brother Matthew Cunningham, FSR.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Kori Jo Winters.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Pinon Hills Elementary School: Bev Bernard, Nicole Christie, Tisha Davis, Evan Fellhauer, Kyle Freitas, David Haskell, Kyle Koerner, Jeremy Larkin, Paul Mannelly, Ashley Matthews, Andy McIntosh, Bryan Miller, Josh Minnocci, Greg Mullen, Vanessa Murray, Nicole Walker, Kristina Ziemer, Ryan Cates and Kelly Davis; teacher Lyndon Jacobsen and chaperone Marlene Mullen.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to David Gelmstedt and Liane Filkowski.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Ashlee Orndorff.

On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Nicole Ferrell.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Jayci Madraso.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Ericka Selby.

On request of Senator Regan, the privilege of the floor of the Senate Chamber for this day was extended to Shawnte Mathews.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Jennifer Munger.

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Courtney Ewing.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Temple Montoya.

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

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

Senator Raggio moved that the Senate adjourn until Wednesday, April 30, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 11:33 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate