THE SEVENTEENTH DAY
Carson City(Wednesday), February 17, 1999
Senate called to order at 11:06 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Lieutenant John Van Cleef.
Heavenly Father, as we pause before You this day, we are aware of Your majesty and splendor for we see it in the beauty of Your creation—in the heights of the snow capped mountains, in the expanse of the rolling valleys, in the awesome complexity of our fellow brothers and sisters. May an awareness of Your majesty and splendor fill the men and women of this Senate throughout this day, and may they ever seek Your will, wisdom and strength as they serve the people of this great state. I offer this prayer in Jesus’ Name.
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
Senate Concurrent Resolution No. 3.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Taxation:
Senate Bill No. 205—AN ACT relating to taxation; requiring an owner of certain property that is assessed by the Nevada tax commission to provide to the Nevada tax commission information which is necessary to establish the valuation of such property for assessment purposes; requiring a person who fails to provide such information to pay a penalty; prohibiting the state board of equalization from reducing the assessment of certain property that is assessed by the Nevada tax commission under certain circumstances; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senators Amodei, James, Carlton, Titus, Wiener, Mathews; Assemblymen Dini and Cegavske:
Senate Bill No. 206—AN ACT relating to repositories for nuclear waste; stating the intention of the Nevada Legislature to submit a notice of disapproval to the Congress of the United States if the placement of such a repository at Yucca Mountain is recommended; requiring the Agency for Nuclear Projects and the Office of the Attorney General to take certain actions to oppose the placement of such a repository in this state; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senators Mathews, Amodei and McGinness:
Senate Bill No. 207—AN ACT relating to the public utilities commission of Nevada; requiring the commission to establish standards of conduct and reporting relating to the provision of local telecommunication services; requiring the commission to establish civil penalties for actions that are inconsistent with the standards; providing an expedited procedure to resolve certain complaints alleging violations of the standards; placing conditions on the approval of interconnection agreements by the commission; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 208—AN ACT relating to traffic laws; requiring the vehicle that a person is driving when he is found to have 0.10 percent or more by weight of alcohol in his blood or a detectable amount of a controlled substance in his system be immobilized for 30 days under certain circumstances; providing a penalty; 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. 209—AN ACT relating to vehicles; requiring certain sellers and lessors of vehicles to provide the buyer or lessee with a temporary placard for use in place of a license plate; providing that the placard must contain the date of execution by the seller or lessor of the report of sale or report of lease of the vehicle; providing a penalty; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Townsend:
Senate Bill No. 210—AN ACT relating to professions; creating the board of examiners for alcohol and drug abuse counselors; prescribing the powers and duties of the board; requiring persons who counsel alcohol and drug abusers to be licensed by the board; prescribing the requirements for licensure; providing a penalty; 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 Senator O’Connell:
Senate Bill No. 211—AN ACT relating to animals; revising the provisions relating to nominations for appointments to and the qualifications of certain members of the board of wildlife commissioners; requiring the board to establish its policies and regulations according to principles of sound scientific management; requiring the board of wildlife commissioners to approve the budget of the division of wildlife of the state department of conservation and natural resources; requiring the division to contract with a private entity to conduct a drawing to award tags for special seasons; prohibiting a person from willfully and unjustifiably killing, injury or interfering with an animal used in certain events; providing a penalty; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 12.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who:
(a) By the attachment of a ground wire, or by any other contrivance, willfully destroys the insulation of a telecommunications line of a community antenna television company, or interrupts the transmission of the electric current through the line;
(b) Willfully interferes with the use of any such line, or obstructs or postpones the transmission of any message over the line; or
(c) Procures or advises any such injury, interference or obstruction,
is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of any property damaged, altered, removed or destroyed and in no event less than a misdemeanor.
2. Any person who violates the provisions of subsection 1 is, in addition to the penalty set forth in that subsection, liable to the community antenna television company injured by such conduct in a civil action for all damages occasioned thereby.
Sec. 5. NRS 711.270 is hereby amended to read as follows:
711.270 1. [Any] Unless a greater penalty is provided in section 4 of this act, any person who knowingly:
(a) Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company;
(b) Purchases or possesses any device; or
(c) Makes or maintains any modification to any device installed for a community antenna television company,
to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.
2. Any person who knowingly and without the authorization of a community antenna television company:
(a) Imports into this state;
(b) Distributes; or
(c) Sells, offers or advertises to sell, or possesses with the intent to sell, any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.
3. [Any] Unless a greater penalty is provided in section 4 of this act, any person who willfully violates subsection 1 or 2 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.”.
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 4, to read as follows:
“Sec. 7. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.”.
Amend the title of the bill, second line, after “telegraphs;” by inserting: “prohibiting injury or obstruction to a telecommunications line of a community antenna television system; providing a penalty;”.
Amend the summary of the bill, first line, by deleting “and telephones.” and inserting: “, telephones and community antenna television systems.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators O’Donnell, Townsend, Neal and James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 130.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 17.
Amend section 1, page 2, line 1, by deleting “all” and inserting “the basic”.
Amend section 1, page 2, by deleting lines 3 and 4.
Senator Carlton moved the adoption of the amendment.
Remarks by Senators Carlton, Raggio and O’Donnell.
Conflict of interest declared by Senator O’Connell.
Senator O’Donnell disclosed that he is a licensed realtor.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 1.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 30.
Bill read third time.
Remarks by Senators Amodei and Neal.
Roll call on Senate Bill No. 30:
Yeas—21.
Nays—None.
Senate Bill No. 30 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 69.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 69:
Yeas—21.
Nays—None.
Senate Bill No. 69 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 77.
Bill read third time.
Remarks by Senators Wiener, Neal and James.
Roll call on Senate Bill No. 77:
Yeas—21.
Nays—None.
Senate Bill No. 77 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 87.
Bill read third time.
Remarks by Senator Wiener.
Roll call on Senate Bill No. 87:
Yeas—21.
Nays—None.
Senate Bill No. 87 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 96.
Bill read third time.
Conflict of interest declared by Senator O’Connell.
Roll call on Senate Bill No. 96:
Yeas—20.
Nays—None.
Not Voting—O’Connell.
Senate Bill No. 96 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 100.
Bill read third time.
Remarks by Senator Carlton.
Roll call on Senate Bill No. 100:
Yeas—21.
Nays—None.
Senate Bill No. 100 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 101.
Bill read third time.
Remarks by Senator Carlton.
Roll call on Senate Bill No. 101:
Yeas—21.
Nays—None.
Senate Bill No. 101 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 114.
Bill read third time.
Remarks by Senator Care.
Roll call on Senate Bill No. 114:
Yeas—21.
Nays—None.
Senate Bill No. 114 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 115.
Bill read third time.
Remarks by Senators Care and Neal.
Roll call on Senate Bill No. 115:
Yeas—19.
Nays—Carlton, Neal—2.
Senate Bill No. 115 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 118.
Bill read third time.
Roll call on Senate Bill No. 118:
Yeas—21.
Nays—None.
Senate Bill No. 118 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 120.
Bill read third time.
Remarks by Senators James, Neal and Rawson.
Roll call on Senate Bill No. 120:
Yeas—20.
Nays—Neal.
Senate Bill No. 120 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 123.
Bill read third time.
Remarks by Senators James and Neal.
Roll call on Senate Bill No. 123:
Yeas—21.
Nays—None.
Senate Bill No. 123 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, February 17, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 176.
Susan Furlong Reil
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 176.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
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 Don Amodei.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Krys T. Bart, Ed Bruce, teacher: Kathi Bergemann, chaperones: Kelley Higgins, Mrs. Stern, Mrs. Crane, Mrs. Maddox, Mrs. Young and Mrs. McKenzie and the following students from Hunter Lake Elementary School in Reno: Michen Affinto, Robbie Baker, Airica Blonsley, Ryan Bonde, Santana Brown, Mario Castro, Jeff Cercek, Justin Collins, Nathan Delsoldato, Kris Garver, Ael Gonzalez, Kristen Green, Breanne Hamm, Ross Johnson, Jessica Jorgensen, Ryan Lazuaglia, David Loree, Stephanie Madigan, Amanda McKenzie, Patricia Ryan, Karen Land, Syd McKenzie, Haley McNeil, Yasmine Mohamednur, Shaun Pritchard, Cody Radcliff, Kayla Randall, Brandy Starrett, Kyle Taber, Lauren Yantis, Gabrielle Young, Mandy Alarid, Ashley Carey, Katie Crane, Blake Elam, Danielle Fox, Katanira Fraukoski, Danjan Glenn, Alicia Gomez, Andy Granata, Lewis Green, D.D. Dvakulich, Anna Hawkins, Jared Genu, Cody Holthus, Leah Young, Justin Maggaro, Shayda Mandegary, Andrea McDaniel, Ashley Stern, Jay Morris, Alyssa Pharris, Josh Pritchard, Anna Racshilla, Audrey Raymond, Jessica Woltgram, Jessica Maddox, Mark Sexton, Emily McKenzie, Stefani Morris and John Morse.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Donna Woodward.
Senator Raggio moved that the Senate adjourn until Thursday, February 18, 1999 at 4:15 p.m.
Motion carried.
Senate adjourned at 12:37 p.m.
Approved: Lorraine T. Hunt
Attest: Janice L. Thomas