THE ELEVENTH DAY
Carson City(Thursday), February 11, 1999
Senate called to order at 11:17 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Louie Locke.
Let us pray. Lord we come today to call upon Your Name, knowing that “The LORD is near to all who call upon Him, To all who call upon Him in truth.” (PSA 145:18)
We call upon You on behalf of the people of our state, that we might live quiet and peaceable lives, on behalf of our nation, as we navigate through this difficult time.
In the Name of the Most High God.
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
Madam President:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 31, 48, 52, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O’Connell, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Senate Bill No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
Assembly Chamber, Carson City, February 10, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 101, 124.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 24.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Government Affairs:
Senate Joint Resolution No. 8—Proposing to amend the Nevada Constitution to allow the state to borrow money on behalf of and accept deposits from local school districts for the construction of facilities for schools without affecting the limit on general borrowing by the state.
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That section 3 of article 9 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 3. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Everycontract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
2. The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise. The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
3. The legislature may provide by law for the borrowing of money by the state on behalf of a local school district for the construction of a facilities for schools and for the acceptance and investment of money deposited by a local school district for that purpose. Neither money so borrowed nor money so deposited is to be counted in computing the aggregate debts of the state for the purposes of subsection 1.
Senator O’Connell moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Care:
Senate Bill No. 164—AN ACT relating to taxation; increasing the amount of the exemptions from property and vehicle privilege taxes for veterans; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Amodei:
Senate Bill No. 165—AN ACT relating to state government; creating the committee for public safety telecommunications operators in the department of motor vehicles and public safety; requiring agencies that employ persons as public safety telecommunications operators to require those persons to obtain certain certification and training; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Rhoads:
Senate Bill No. 166—AN ACT relating to agricultural districts; revising the provisions governing the terms of the members of a district board of agriculture for certain agricultural districts; 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. 167—AN ACT relating to the transportation of radioactive waste; revising the provisions governing the issuance of permits by the Nevada highway patrol division of the department of motor vehicles and public safety to common, contract and private motor carriers transporting radioactive waste in this state; providing for the imposition of an assessment upon such carriers under certain circumstances; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Schneider and Assemblywoman Buckley:
Senate Bill No. 168—AN ACT relating to highways; prohibiting, under certain circumstances, the closure of highways, roads, streets or bridges for construction, maintenance or repair in certain counties; requiring a contract that is made or awarded by the department of transportation for the construction, improvement, maintenance or repair of a highway to include a provision for the payment of an additional amount of money if the construction, improvement, maintenance or repair is completed before a certain date; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 169—AN ACT relating to public schools; revising the provisions governing the program of accountability for 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 Human Resources and Facilities:
Senate Bill No. 170—AN ACT making an appropriation to the Clark County School District to support a comprehensive plan to reduce the number of pupils who drop out of school; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 171—AN ACT relating to damages in a civil action; providing for the reduction of damages a plaintiff may receive in an action for personal injury or wrongful death based on any payment the plaintiff receives from a collateral source; 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. 172—AN ACT relating to the defacement of property; making it unlawful for certain persons to possess aerosol containers of paint, paint sticks or etchers; making it unlawful for a person to furnish to a person under the age of 24 years an aerosol container of paint, a paint stick or etcher; requiring a business to maintain records of sales of aerosol containers, paint sticks and etchers; providing penalties; 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. 173—AN ACT relating to criminal procedure; revising the provisions governing discovery in criminal cases; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator O’Donnell:
Senate Bill No. 174—AN ACT relating to roads; requiring Clark County to provide for certain U-turns on West Desert Inn Road in Las Vegas; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 24.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 101.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 124.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 18.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 6.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Biological agent” has the meaning ascribed to it in 18 U.S.C. § 178.
Sec. 4. “Delivery system” has the meaning ascribed to it in 18 U.S.C. § 178.
Sec. 5. “Toxin” has the meaning ascribed to it in 18 U.S.C. § 178.
Sec. 6. 1. A person shall not knowingly:
(a) Develop, produce, stockpile, transfer, acquire, retain or possess a biological agent, toxin or delivery system for use as a weapon; or
(b) Assist another person to do any act described in paragraph (a).
2. A person who violates any provision of subsection 1 is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. As used in this section, the term “for use as a weapon” does not include the development, production, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes.
Sec. 7. 1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly make any threat or convey any false information concerning the presence, delivery, dispersion, release or use of a biological agent or toxin with the intent to:
(a) Injure, intimidate, frighten, alarm or distress any person, whether or not any person is actually injured, intimidated, frightened, alarmed or distressed thereby;
(b) Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;
(c) Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or
(d) Interfere with the operations of or cause economic or other damage to any person or any officer, agency, board, bureau, commission, department, division or other unit of federal, state or local government, whether or not such interference or damage actually occurs.
2. A person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:
(a) A letter, a note or any other type of written correspondence.
(b) An item of mail or a package delivered by any person or postal or delivery service.
(c) A telegraph or wire service, or any other similar means of communication.
(d) A telephone, cellular phone, satellite phone, pager or facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.
(f) An audio or video recording or reproduction, or any other similar means of communication.
(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.
Sec. 8. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 9. This act becomes effective upon passage and approval.”.
Amend the title of the bill, third line, by deleting: “providing a penalty;” and inserting: “prohibiting a person from making threats or conveying false information concerning the presence, delivery, dispersion, release or use of a biological agent or toxin under certain circumstances; providing penalties;”.
Senator James moved adoption of the amendment.
Remarks by Senators James, Coffin, Rawson and Neal.
Senator Coffin requested that his remarks be entered in the Journal.
Thank you, Madam President. I have a question of the Chairman of Judiciary concerning this Amendment No. 6. The question concerns section 7. Does this mean that a person who makes a crank call will then be subject to a Category B Felony and a fine of $5,000? I am concerned about the amendment only because I think it takes a good bill and may make it so strong that the bill itself could become unconstitutional. I believe the intent of the original bill was good, but I think adding this additional other language could, in essence, jeopardize the original intent. I don’t like to see an amendment be adopted to a bill if it forces me to then make a decision as to whether or not I can vote for the bill. Where we feel that people are frightened by things, there are currently statutes in place to indicate that if you intentionally intimidate some one, you put them in some sort of jeopardy. I question whether or not we need to do this and perhaps destroy a good bill. I am sure lawyers will find a way out in court subsequent to passage out of this House.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 19.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 7.
Amend section 1, page 2, line 4, after “location” by inserting: “in this state”.
Amend sec. 2, page 3, line 24, after “location” by inserting: “in this state”.
Amend sec. 3, page 4, line 14, after “location” by inserting: “in this state”.
Amend sec. 4, page 5, line 2, after “location” by inserting: “in this state”.
Amend sec. 5, page 5, line 31, after “location” by inserting: “in this state”.
Amend sec. 6, page 6, line 16, after “location” by inserting: “in this state”.
Amend sec. 7, page 6, line 20, after “location” by inserting: “in this state”.
Amend sec. 9, page 7, line 2, after “location” by inserting: “in this state”.
Amend sec. 10, page 7, line 36, after “location” by inserting: “in this state”.
Amend sec. 11, page 7, line 40, after “location” by inserting: “in this state”.
Amend sec. 13, page 8, line 21, after “location” by inserting: “in this state”.
Amend sec. 14, page 9, line 19, after “location” by inserting: “in this state”.
Senator James moved adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 63.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 8.
Amend sec. 4, page 3, line 6, by deleting: “October 1, 1999.” and inserting: “the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. This act becomes effective upon passage and approval.”.
Senator James moved adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 7.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 7:
Yeas—21.
Nays—None.
Senate Bill No. 7 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 8.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 8:
Yeas—21.
Nays—None.
Senate Bill No. 8 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 20.
Bill read third time.
Remarks by Senators Wiener and Neal.
Roll call on Senate Bill No. 20:
Yeas—21.
Nays—None.
Senate Bill No. 20 having received a constitutional majority, Madam President 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 Concurrent Resolution No. 7.
REMARKS FROM THE FLOOR
Senator Townsend requested that his remarks be entered in the Journal.
Thank you, Madam President. I have an additional guest sitting with me who is not a part of Library Day. He has been a friend of mine for over 20 years and someone to whom some of you, in previous sessions have made reference. I want you to officially meet him. Greg Chapman, from Beverly Hills, is joining us today to see what we do here in Nevada and why it is so much better than California. He is the gentleman who, for the last 20 years, has made my clothes. I wanted you to meet him. I also wanted to alert my colleague from Clark District No. 3, the male version, that the fashion police are out. For the remainder of the session be on alert for any citations for visual pollution, which he has received in the past, that we do have a way to now solve that problem. I would like you to afford the privileges of the floor to Mr. Greg Chapman.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Lucy Bouldin, Christiane Freer-Parsons and Michael Buckley.
On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Georgette Maddox.
On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Eileen Kessler.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Susan Southwick.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Frankie Lukasko.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Diane Baker.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Barbara Robenson.
On request of Senator O’Connell, the privilege of the floor of the Senate Chamber for this day was extended to Tim Wong.
On request of Senator O’Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Tom Fay.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Nancy Cummings.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Daniel L. Walters.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Jeanne Munk.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Brooks.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Joan Kerschner and Steve Sisolak.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Danny Lee and Greg Chapman.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Marla Hall.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Harriet Schaller.
Senator Raggio moved that the Senate adjourn until Friday, February 12, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:25 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas