THE FOURTH DAY
Carson City(Thursday), February 4, 1999
Senate called to order at 11:26 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Marvin Dennis.
Heavenly Father, thank You for another day to fellowship with You and serve our fellowman.
Thank You for the privilege to stand in these chambers the first week of the 1999 session to ask for Your blessings upon these Senators who in the days ahead will work day and night; and, oftentimes weekends to do the work of the people of this state. Help us to appreciate their sacrifices and give to each of us a sense of Your presence.
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.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources:
Senate Joint Resolution No. 1—Urging Congress to appropriate money for, or to transfer land to, counties in the State of Nevada that have received insufficient payments under the federal Payments In Lieu of Taxes Act.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Joint Resolution No. 2—Expressing the support of the Nevada Legislature for an amendment to the Federal Land Policy and Management Act of 1976 to require the identification, mapping and recognition of certain rights of way across land administered by the Federal Government.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Joint Resolution No. 3—Expressing strong disapproval of certain regulations concerning regional haze proposed by the United States Environmental Protection Agency.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Concurrent Resolution No. 6—Urging the Department of Human Resources to conduct a comprehensive national study of existing and proposed programs for providing home- and community-based long-term care to elderly and disabled recipients of Medicaid.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senators Wiener, Care, McGinness, Porter, Titus and Washington:
Senate Concurrent Resolution No. 7—Commending the Board of County Commissioners of Clark County and its Neighborhood Justice Center for the success of the Peer Mediation Program.
WHEREAS, All pupils, teachers and other school staff deserve a learning and working environment that is safe and free from unacceptable behavior by pupils, including violence and other activity that is disruptive of the academic process; and
WHEREAS, During one 12-month period in 1997-1998, this Nation was shocked when children opened fire on school grounds resulting in the tragic loss of lives and needless injury in Arkansas, Kentucky, Mississippi, Oregon and Pennsylvania; and
WHEREAS, The public schools in this state are increasingly reporting incidents of violence and other unacceptable behavior by pupils on school grounds, including violence against staff and other pupils and the possession of dangerous weapons; and
WHEREAS, In 1991 the Board of County Commissioners of Clark County established a Neighborhood Justice Center within its Department of Social Services to assist residents of Clark County in resolving conflicts by providing a forum for the impartial mediation of disputes and offering referrals to appropriate services; and
WHEREAS, In 1992, the Neighborhood Justice Center began its Peer Mediation Program, which is a form of alternative dispute resolution that uses specially chosen pupils who are trained in mediation skills to facilitate communication among pupils who are involved in a dispute and help the pupils reach a solution to the dispute that is mutually acceptable; and
WHEREAS, In 1992, the Peer Mediation Program was offered in 2 schools of the Clark County School District and has since been expanded into 57 schools; and
WHEREAS, Since the inception of the Peer Mediation Program, 7,660 disputes have gone through peer mediation, with a 90 percent rate of success at resolving conflicts; and
WHEREAS, The Peer Mediation Program teaches pupils valuable life skills, including communication skills, critical thinking skills and problem-solving skills which pupils can use not only in the school setting but at home and in the community; and
WHEREAS, When children resolve their own conflicts without resorting to violence they learn to take responsibility for their own actions as well as gain confidence in their ability to help themselves; and
WHEREAS, In recent years, many other schools throughout the Nation have also developed peer mediation programs to assist pupils in resolving conflicts without resorting to violence, including schools in Mississippi, Arkansas, Kentucky, New York, Oregon and California; and
WHEREAS, With the success of the Peer Mediation Program in resolving conflicts at school in a manner that is peaceable and mutually acceptable, both pupils and educational personnel can concentrate on the importance of academics free from the worry that disruptive acts of violence may occur on school grounds at any time; and
WHEREAS, The Neighborhood Justice Center also offers the Culture of Peace Program, which is deigned to teach juveniles and adults how to reduce prejudice and resolve conflicts; now, therefore, be it
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the 70th session of the Nevada Legislature commend the Board of County Commissioners of Clark County and its Neighborhood Justice Center for their dedication to the success of the Peer Mediation Program; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chairman of the Board of County Commissioners of Clark County and to the Clark County Social Service Neighborhood Justice Center.
Senator Wiener moved the adoption of the resolution.
Remarks by Senators Wiener, Rawson, Neal and President Hunt.
Senator Wiener requested that the following remarks be entered in the Journal.
Senator Wiener:
Thank you, Madam President. On October 15, I attended the White House Conference on School Safety. This conference was attended by 120 people who were asked to participate because of their involvement with youth issues or because of their experiences with school violence. I was humbled to learn that I was the only state legislator in the country to be invited. However, even more humbling was the opportunity to meet the people who had survived situations of school violence. I met people from Kentucky, Mississippi and Pennsylvania who shared their stories—their personal tragedies. I spent nearly an hour with the superintendent of schools from Springfield, Oregon. For more than two hours…I was a conference partner with Suzanne Wilson, whose 11-year-old daughter, Brittany, was killed in Jonesboro, Arkansas.
When I returned from that conference, I visited with the Clark County Neighborhood Justice Center to ascertain what WE were doing to help alleviate the kinds of situations that had traumatized so many schools and communities in our country. That’s when I learned about the tremendous successes of the Neighborhood Justice Center’s peer mediation program. This program provides youths with a form of alternative dispute resolution that encourages positive communication among pupils.
Since its formation in 1992—with two schools—the program has expanded to 57 schools. Since its inception, the program has assisted students in nearly eight thousand disputes…with a ninety percent success rate in resolving those disputes.
It is for these reasons and many more that I ask the Senate to adopt Senate Concurrent Resolution No. 7.
Thank you.
Senator Rawson:
Thank you, Madam President. In 1959, we had a fledgling or a beginning peer mediation program. At Las Vegas High School, it was called student court. I was appointed as a student judge. One particular day, we held a hearing concerning some young men for some infraction. We found against them. The next day, as I was walking an acquaintance home, who later became my wife, a carload of young people pulled up, jumped out and proceeded to whale on me. It is an illustration that discussion and mediation is superior to verdict and mandate. I think this is a tremendous project now. I compliment the sponsor for this measure, and I gladly support it.
Senator Neal:
Thank you, Madam President. I would like to add a few remarks. One of the things that you learn when you have been around here for awhile, is that you understand how issues get started and new discovery of things that have occurred in the past. People who generate or are responsible for creating mediation services sometimes go unnoticed. I can recall that, some years ago in this house, former Senator Sue Wagner sponsored a bill to create this type of service which also extended to the courts. I happened to be a part of that and was also on the Board of Directors of the Neighborhood Justice Center. I would also like to have this body understand that Sue Wagner was primarily responsible for the legislation that created these types of centers. I believe that all of the counties have the responsibility to create these types of centers as they are needed. Clark County did take action and go forward to create justice centers. This particular one has worked very well in Clark County.
President Hunt:
I would like to add that, since 1995, while serving on the board of the Clark County Commissioners, I also was very involved in the Neighborhood Justice Center and the peer mediation program. I had the opportunity to see first hand the success of the program. So, compliments and thanks to all who led the way beginning with Senator Sue Wagner, Senator Neal and now Senator Wiener with a commendation to the Board of the Clark County Commissioners.
Resolution adopted.
By the Committee on Human Resources and Facilities:
Senate Concurrent Resolution No. 8—Urging the Department of Human Resources to improve access to home-based and community-based waiver programs for recipients of Medicaid.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Concurrent Resolution No. 9—Urging the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources to publish its survey of certain long-term care facilities in a manner that it is more accessible and easier for consumers to understand.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Shaffer:
Senate Bill No. 96—AN ACT relating to real property; revising the provisions relating to the liability of a mortgagee or trustee for a deed of trust who fails to record the discharge of the mortgage or deed of trust when the underlying debt is satisfied; authorizing a title insurer under certain circumstances to record a release of a mortgage if the underlying debt is satisfied and the mortgagee has failed to record the discharge of the mortgage as required; providing penalties; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Wiener:
Senate Bill No. 97—AN ACT relating to the commission on mental health and mental retardation; revising the composition of the commission to include a marriage and family therapist; and providing other matters properly relating thereto.
Senator Wiener 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. 98—AN ACT relating to education; revising the provisions governing the minimum number of school days that are required for certain school districts; 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 Commerce and Labor:
Senate Bill No. 99—AN ACT relating to real estate; revising the educational requirements for obtaining an original real estate broker’s or broker-salesman’s license; abolishing the authority of the real estate commission to waive those requirements for applicants in rural areas; 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. 100—AN ACT relating to the care of animals; revising certain requirements concerning the licensing of veterinarians; revising the grounds for disciplinary action against veterinarians, euthanasia technicians and veterinary technicians; 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. 101—AN ACT relating to pharmacy; eliminating the requirement that the secretary and treasurer of the state board of pharmacy furnish a bond for the benefit of the board; revising the qualifications of a registered pharmacist; providing expiration dates for certificates, licenses and permits issued by the board; revising the provisions governing the computerized program developed by the board and the investigation division of the department of motor vehicles and public safety to track prescriptions for certain controlled substances; 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. 102—AN ACT relating to insurance; revising the circumstances under which a state officer or employee, an officer or employee of a public agency, public authority or public corporation, or a person acting on behalf of such an officer or employee may obtain or procure a contract of insurance for a public building or construction contract; 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. 103—AN ACT relating to professions; requiring applicants for licensure as professional engineers and land surveyors to be graduates of certain curricula approved by the state board of professional engineers and land surveyors; revising the provisions governing the active experience required of applicants for licensure as professional engineers; authorizing the state board of professional engineers and land surveyors to require certain business organizations to register with the board before engaging in or offering to engage in the practice of professional engineering or land surveying; revising the authority of the board to waive the examination on the fundamentals of engineering for certain applicants for a license as a professional engineer; revising the provisions governing the unlawful use of the terms “licensed engineer” and “professional engineer”; 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 Senate Committee on Human Resources and Facilities:
Senate Bill No. 104—AN ACT relating to education; delaying the prospective dates by which the achievement and proficiency examinations used to measure the achievement of pupils in the standards of content and performance adopted by the state board of education must be administered in the public schools; 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 Natural Resources:
Senate Bill No. 105—AN ACT relating to wildlife; authorizing the board of wildlife commissioners to adopt regulations setting forth the circumstances under which a person may fish in certain lakes or ponds without a license, permit or stamp; 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 Natural Resources:
Senate Bill No. 106—AN ACT relating to wildlife; defining the terms “license” and “permit” for the purposes of the assessment of demerit points for wildlife convictions; 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 Natural Resources:
Senate Bill No. 107—AN ACT relating to the division of agriculture of the department of business and industry; creating the position of weed control analyst within the division; providing the duties of the weed control analyst; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 108—AN ACT relating to water; revising the circumstances under which the state engineer may reject an application for an interbasin transfer of ground water; requiring the state engineer to subordinate such an application to certain applications to appropriate ground water; 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 Finance:
Senate Bill No. 109—AN ACT relating to public welfare; requiring the department of human resources to establish a program of primary and supplemental health care services for certain persons with disabilities who are ineligible for Medicaid; 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. 110—AN ACT making an appropriation from the state general fund to the Department of Education for alternative programs for the education of pupils at risk of dropping out of high school; 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. 111—AN ACT relating to public employees’ retirement; clarifying provisions governing the purchase by a state agency of service credit in the public employees’ retirement system on behalf of certain employees under certain circumstances; 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. 112—AN ACT making an appropriation to the Clark County School District for clerical resources to track and report irregularities of the attendance and truancy of pupils; 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. 113—AN ACT relating to state employees; increasing the amount of longevity payments to state employees; 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 Judiciary:
Senate Bill No. 114—AN ACT relating to prisoners; authorizing a county or city to seek reimbursement from a nonindigent prisoner for the cost of booking and releasing the prisoner; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 115—AN ACT relating to prisoners; authorizing a county or city to seek reimbursement of costs from a nonindigent prisoner sentenced to a program as an alternative to incarceration; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 116—AN ACT relating to property transactions; authorizing the real estate administrator to obtain information that is necessary to carry out the provisions governing the sale, transfer or other disposition of subdivided land, time shares and memberships in campgrounds; authorizing the real estate administrator to grant exemptions from those provisions under certain circumstances; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Wiener:
Senate Bill No. 117—AN ACT relating to older persons; authorizing the chairman of the Nevada commission on aging to appoint former members of the commission and other interested persons to serve in an advisory capacity to the commission; providing for the payment of a per diem allowance and travel expenses to such persons; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 118—AN ACT relating to judgments of conviction; requiring the use of the judgment of conviction as the warrant or authority for the execution of a sentence; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 119—AN ACT relating to attorneys; requiring a public employer to pay the annual membership fees charged by the State Bar of Nevada for certain attorneys employed by the public employer; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 120—AN ACT relating to the interception of wire or oral communications; expanding the circumstances under which the attorney general or a district attorney may apply for an order authorizing the interception of wire or oral communications; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 121—AN ACT relating to real estate; providing additional notice of future uses surrounding residential developments to certain purchasers of residences; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 122—AN ACT relating to names of business entities; amending the provisions governing similar names of business entities; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 123—AN ACT relating to written plea agreements; making various changes to the form for a written plea agreement; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 124—AN ACT relating to securities; making various changes to the provisions governing securities; removing the exemption for certain transactions by mortgage companies from the requirements regarding registration of securities; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 125—AN ACT relating to unclaimed property; abolishing the division of unclaimed property of the department of business and industry; transferring the duties of the division to the state treasurer; authorizing the state treasurer to appoint and employ a deputy administrator of unclaimed property; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 6.
Bill read second time and ordered to third reading.
Senate Bill No. 24.
Bill read second time and ordered to third reading.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to teacher Myron Carpenter, chaperone Cheryl Bricker and the following students from Douglas High School: Matthew Allen, Lynette Bertucci, Jennifer Boeche, Lara Bryte, Michael Burchett, Mike Burnett, Paul Carrion, Jeremy Chandler, Justin Chandler, Tonya Cioffi, Melissa Cosentino, Jill Cressaty, Brooke Evans, Amy Ferguson, John Garcia, James Gonzales, Randall Halcomb, Justin Hall, Riker Hardy, Corey Jones, Roseann Kenney, Chris Knapp, Matthew Knesek, Shane Koos, Steven Lopez, Nicholas McCarthy, Rebecca McGough, Kelly McNeill, Martin Montgomery, Aaron Nelson, Robert Nix, Matthew Norberg, Lynette Patino, Jeremy Peters, Adam Prange, Jeremiah Rapp, Jason Rasberry, Charles Ross, Nicholas Sorenson, Justin Sparman, Cameron Thomson, John Wilson and John Wood.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Patty Arny.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to former Assemblyman Tim Hafen.
Senator Raggio moved that the Senate adjourn until Friday, February 5, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:12 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas