THE TWENTY-NINTH DAY

                               

Carson City(Monday), March 1, 1999

    Senate called to order at 10:40 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Al Fry.

    Creator God, You created us to live together in loving relationships not only with Yourself but also with each other. But sometimes, because we become so busy or wrapped up in our own agendas, we tend to lose patience with one another. We lose sight of our dependence on You for guidance. Please slow us down, O God so slow that we will hear Your voice. Slow us down to hear one another. Slow us down so that we will take time to be more appreciative and kind. Slow us down so that we will be more open and improve our listening skills. You are our God, the source of our strength and encouragement. We pray these things in Your 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.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which was referred Senate Bill No. 158, 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

Madam President:

    Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 49, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 26, 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. 45, 104, 105, 108, 115, 135, 159.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 21, 22, 82, 122.

                                                                                 Susan Furlong Reil

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 8.

    Senator Rawson moved the adoption of the resolution.

    Remarks by Senator Rawson.

    Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

    By Senator Neal:

    Senate Bill No. 272—AN ACT making an appropriation to the Economic Opportunity Board of Clark County for the replacement of its paratransit fleet that provides transportation for certain persons; and providing other matters properly relating thereto.

    Senator Neal moved that the bill be referred to the Committee on Finance.

    Motion carried.

    By Senator Neal (by request):

    Senate Bill No. 273—AN ACT relating to criminal procedure; revising the provisions governing bail; revising the provisions governing the forfeiture of bail and the exoneration of a surety; requiring that notification be provided to the local agent of a surety under certain circumstances; requiring that an arrest warrant be issued under certain circumstances for a defendant who fails to appear; increasing the penalties for a defendant who fails to appear; and providing other matters properly relating thereto.

    Senator Neal moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By Senators Neal, Coffin and Assemblywoman Giunchigliani:

    Senate Bill No. 274—AN ACT relating to the charter of the City of Las Vegas; amending the charter to create six wards in the City of Las Vegas; and providing other matters properly relating thereto.

    Senator Neal moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Rhoads and Assemblyman Carpenter:

    Senate Bill No. 275—AN ACT relating to the department of transportation; revising the employment classification of district engineers employed by the department; and providing other matters properly relating thereto.

    Senator Rhoads moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By Senator Rhoads and Assemblyman Carpenter:

    Senate Bill No. 276—AN ACT relating to the department of transportation; requiring that hearings by the department concerning certain grievances of employees be held in the highway district in which the act that is the subject of the grievance occurred; and providing other matters properly relating thereto.

    Senator Rhoads moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By the Committee on Finance:

    Senate Bill No. 277—AN ACT making a supplemental appropriation to the Department of Museums, Library and Arts for additional anticipated expenses for the administration of the Department; 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. 278—AN ACT making a supplemental appropriation to the fund for class-size reduction for additional anticipated expenses; 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. 279—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the implementation of Phase II of Project Genesis and related enabling technologies; 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. 280—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of modular furniture for the remodeled office in Carson City; 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. 281—AN ACT making a supplemental appropriation to the State Department of Conservation and Natural Resources for a shortfall in salaries 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.

    By the Committee on Finance:

    Senate Bill No. 282—AN ACT relating to state financial administration; reallocating an appropriation for education that was made by the 69th session of the Nevada Legislature; 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. 283—AN ACT making an appropriation to restore the balance in the contingency fund; 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. 284—AN ACT relating to state financial administration; revising the reversion for certain previously appropriated money for the Medicaid Managed Care Program; and providing other matters properly relating thereto.

    Senator Raggio moved that the bill be referred to the Committee on Finance.

    Motion carried.

    By Senators James, Porter, Washington, O’Connell, Care, Carlton, Mathews, McGinness, O’Donnell, Schneider, Titus; Assemblymen Cegavske, Ohrenschall, Brower, Gustavson, Chowning, Hettrick, Lee, Manendo, Marvel, Nolan and Parks:

    Senate Bill No. 285—AN ACT relating to education; requiring that pupils be instructed in certain additional subjects relating to American government; and providing other matters properly relating thereto.

    Senator James moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    By Senator Schneider:

    Senate Bill No. 286—AN ACT relating to real property; authorizing an insurer who issues policies of insurance for home protection to invest additional assets in tangible personal property; authorizing such an insurer to engage in business other than furnishing insurance for home protection; requiring a claimant in an action resulting from a constructional defect to property to make certain disclosures upon the sale of the property; revising the definition of “constructional defect”; revising the requirements for a notice of defects, damages or injuries to property that is required to be given to a contractor in such an action; limiting further the damages that may be recovered in such an action; reducing the statute of limitations for such an action and certain other causes of action related to deficiencies in the construction of improvements to real property; and providing other matters properly relating thereto.

    Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.

    Senator Titus requested that her remarks be entered in the Journal.

    Thank you, Madam President I object to the referral of Senate Bill No. 286 to the Committee on Commerce and Labor. If you look at this bill, the bulk of it goes to the Committee on Judiciary. There is a little, at the beginning, that goes to Commerce and Labor because of references to insurance. All of the other construction defect bills have gone to the Committee on Judiciary. Currently, there are three or four such bills in the Judiciary Committee, with more coming. Wherever this bill is referred, I would like to have my objection recorded.

    Conflict of interest declared by Senators James and Porter.

    Remarks by Senator Raggio.

    Motion carried on a division of the house.

    By Senator Porter:

    Senate Bill No. 287—AN ACT relating to taxes on fuels; revising procedures pursuant to which a board of county commissioners may impose an additional tax on fuel for jet or turbine-powered aircraft; and providing other matters properly relating thereto.

    Senator Porter moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Assembly Bill No. 21.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 22.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 45.

    Senator Rawson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Assembly Bill No. 82.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 104.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 105.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 108.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 115.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 122.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 135.

    Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

    Assembly Bill No. 159.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

CONSENT CALENDAR

    Senate Bills Nos. 97, 117, 166.

    Bills read by number.

    Roll call on Senate Bills Nos. 97, 117, 166:

    Yeas—21.

    Nays—None.

    Senate Bills Nos. 97, 117, 166 having received a constitutional majority, Madam President declared them passed.

    Bills ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

    Senate Bill No. 62.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 34.

    Amend sec. 3, page 5, line 12, by deleting “an amendment” and inserting “a change”.

    Amend sec. 3, page 11, lines 28 and 29, by deleting: “an amendment of a financing statement” and inserting: “a subsequent filing”.

    Amend sec. 22, page 24, line 22, by deleting “local”.

    Amend sec. 22, page 24, line 25, by deleting “local”.

    Amend sec. 22, page 24, line 30, by deleting “local”.

    Amend sec. 22, page 24, line 33, by deleting “local”.

    Amend sec. 22, page 24, line 36, by deleting “local”.

    Amend sec. 22, page 24, line 38, by deleting “local”.

    Amend sec. 23, page 24, line 42, by deleting “local”.

    Amend sec. 24, page 25, line 14, by deleting “local”.

    Amend sec. 25, page 25, line 20, by deleting “local”.

    Amend sec. 26, page 26, line 6, by deleting “local”.

    Amend sec. 26, page 26, line 10, by deleting “local”.

    Amend sec. 26, page 26, line 14, by deleting “local”.

    Amend sec. 26, page 26, line 18, by deleting “local”.

    Amend sec. 26, page 27, line 4, by deleting “local”.

    Amend sec. 27, page 27, line 11, by deleting “local”.

    Amend sec. 31, page 30, line 26, by deleting “continue” and inserting “reconfirm”.

    Amend sec. 73, page 56, line 21, by deleting “local”.

    Amend sec. 81, page 60, line 33, by deleting “amendment” and inserting “change”.

    Amend sec. 82, page 61, line 4, by deleting “2” and inserting “(b)”.

    Amend sec. 87, page 64, line 10, by deleting “4” and inserting “3”.

    Amend sec. 91, page 66, line 18, by deleting “must” and inserting “may”.

    Amend sec. 91, page 67, by deleting lines 26 through 28 and inserting: “to 5, inclusive, within a reasonable time and in the manner prescribed by filing-office rule.”.

    Amend sec. 92, page 67, by deleting lines 39 and 40 and inserting: “within a reasonable time and in the manner prescribed by filing-office rule.”.

    Amend sec. 93, page 70, line 41, after “AMENDMENT” by inserting: “, CONTINUATION, ASSIGNMENT, RELEASE or TERMINATION”.

    Amend sec. 93, page 71, between lines 15 and 16, by inserting “[ ] RELEASE”.

    Amend sec. 93, page 71, line 20, by inserting “[ ]” before “AMENDMENT”.

    Amend sec. 93, page 72, line 7, by inserting “[ ]” before “AMENDMENT”.

    Amend sec. 93, page 73, between lines 3 and 4, by inserting:

    “4.  A filing officer may add optional blocks for the address of the secured party or the address of the debtor to any form or record.”.

    Amend sec. 95, page 73, line 25, by deleting “a copy” and inserting “two copies”.

    Amend sec. 95, page 73, line 27, by deleting “the copy” and inserting “one copy”.

    Amend sec. 95, page 73, line 29, by deleting “the” and inserting “that”.

    Amend sec. 95, page 74, by deleting lines 12 through 14 and inserting: “4, inclusive, within a reasonable time and in the manner prescribed by filing-office rule.”.

    Amend sec. 95, page 74, line 15, by deleting: “At least weekly,” and inserting “Periodically,”.

    Amend sec. 97, page 74, line 33, by deleting “; and” and inserting: “, and $1 for each page over 20 pages;”.

    Amend sec. 97, page 74, line 35, by deleting the period and inserting: “; and

    (d) One dollar for each additional debtor, trade name or reference to another name under which business is done.

    2.  The filing officer may charge and collect $1 for each page of copy or record of filings produced by him at the request of any person.”.

    Amend sec. 97, page 74, line 36, by deleting “2.” and inserting “3.”.

    Amend sec. 97, page 75, by deleting lines 1 and 2.

    Amend sec. 128, page 95, line 35, by deleting “January” and inserting “July”.

    Amend sec. 128, page 95, line 43, by deleting “January” and inserting “July”.

    Amend sec. 129, page 96, line 2, by deleting “January” and inserting “July”.

    Amend sec. 129, page 96, line 8, by deleting “January” and inserting “July”.

    Amend sec. 129, page 96, line 11, by deleting “January” and inserting “July”.

    Amend sec. 129, page 96, line 13, by deleting “January” and inserting “July”.

    Amend sec. 130, page 96, line 21, by deleting “January” and inserting “July”.

    Amend sec. 130, page 96, line 23, by deleting “January” and inserting “July”.

    Amend sec. 130, page 96, line 29, by deleting “January” and inserting “July”.

    Amend sec. 131, page 96, line 35, by deleting “January” and inserting “July”.

    Amend sec. 131, page 96, line 40, by deleting “January” and inserting “July”.

    Amend sec. 131, page 97, line 1, by deleting “January” and inserting “July”.

    Amend sec. 131, page 97, line 5, by deleting “January” and inserting “July”.

    Amend sec. 131, page 97, line 14, by deleting “after January” and inserting: “on or after July”.

    Amend sec. 131, page 97, line 22, by deleting “January” and inserting “July”.

    Amend sec. 131, page 97, line 30, by deleting “January” and inserting “July”.

    Amend sec. 132, page 97, line 35, by deleting “January” and inserting “July”.

    Amend sec. 132, page 98, line 1, by deleting “January” and inserting “July”.

    Amend sec. 132, page 98, line 4, by deleting “January” and inserting “July”.

    Amend sec. 133, page 98, line 23, by deleting “January” and inserting “July”.

    Amend sec. 134, page 98, line 27, by deleting “January” and inserting “July”.

    Amend sec. 134, page 98, line 28, by deleting “January” and inserting “July”.

    Amend sec. 134, page 98, line 32, by deleting “January” and inserting “July”.

    Amend sec. 134, page 98, line 34, by deleting “January” and inserting “July”.

    Amend the bill as a whole by renumbering sections 161 through 173 as sections 162 through 174, and adding a new section designated sec. 161, following sec. 160, to read as follows:

    “Sec. 161.  NRS 108.833 is hereby amended to read as follows:

    1.  The county recorder shall charge the standard fee for filing and indexing each notice of lien, certificate or notice affecting the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.

    2.  The secretary of state shall:

    (a) Charge for filing and indexing each notice of federal lien, certificate or notice affecting the lien, [a fee of $20.] or a search or copy relating to the lien, any one or a combination of the fees provided in section 97 of this act with respect to a financing statement. This fee includes the subsequent recording of a certificate of discharge, nonattachment, release or subordination of the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.

    (b) Accept, file and index all notices of federal tax liens filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit [on] an invoice each month to the [district director of] internal revenue service for all fees accrued during the billing period.”.

    Amend sec. 172, page 133, line 2, by deleting “171” and inserting “172.”

    Amend sec. 173, page 133, line 12, by deleting “172” and inserting “173”.

    Amend sec. 173, page 133, by deleting lines 14 and 15 and inserting:

    “2.  Sections 1 to 172, inclusive, of this act become effective on July 1, 2001.

    3.  A governmental agency affected by a provision of sections 1 to 172, inclusive, of this act may test or put into effect a required change before July 1, 2001, if the agency also allows action to be taken under the existing law until that date.”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senators Care, O’Donnell, Neal and James.

    Senator Neal requested a ruling from the President as to whether a two-thirds vote was required to pass the amendment.

    Senator James indicated that a two-thirds majority was not required as stipulated on the first page of the amendment.

    Madam President ruled that a two-thirds vote was not required.

    Conflict of interest declared by Senators Coffin, Mathews, O’Connell, Raggio and Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 146.

    Bill read second time and ordered to third reading.

    Senate Bill No. 153.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Rhoads moved that Senate Bill No. 160 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Rhoads.

    Motion carried.

GENERAL FILE AND THIRD READING

    Senate Bill No. 14.

    Bill read third time.

    Remarks by Senators Care and Raggio.

    Conflict of interest declared by Senator Raggio.

    Roll call on Senate Bill No. 14:

    Yeas—20.

    Nays—None.

    Not Voting—Raggio.

    Senate Bill No. 14 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 50.

    Bill read third time.

    Remarks by Senators O’Donnell, O’Connell, Porter and Rawson.

    Conflict of interest declared by Senators O’Donnell and Porter.

    Roll call on Senate Bill No. 50:

    Yeas—19.

    Nays—None.

    Not Voting—O’Donnell, Porter—2.

    Senate Bill No. 50 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 51.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 51:

    Yeas—21.

    Nays—None.

    Senate Bill No. 51 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 81.

    Bill read third time.

    Remarks by Senator O’Donnell.

    Roll call on Senate Bill No. 81:

    Yeas—21.

    Nays—None.

    Senate Bill No. 81 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 105.

    Bill read third time.

    Roll call on Senate Bill No. 105:

    Yeas—21.

    Nays—None.

    Senate Bill No. 105 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 106.

    Bill read third time.

    Remarks by Senators Rhoads and Neal.

    Senator Rhoads moved that Senate Bill No. 106 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Rhoads.

    Motion carried.

    Senate Bill No. 129.

    Bill read third time.

    Roll call on Senate Bill No. 129:

    Yeas—21.

    Nays—None.

    Senate Bill No. 129 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 139.

    Bill read third time.

    Roll call on Senate Bill No. 139:

    Yeas—21.

    Nays—None.

    Senate Bill No. 139 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Joint Resolution No. 11.

    Resolution read third time.

    Remarks by Senator O’Connell.

    Roll call on Senate Joint Resolution No. 11:

    Yeas—21.

    Nays—None.

    Senate Joint Resolution No. 11 having received a constitutional majority, Madam President declared it passed.

    Resolution ordered transmitted to the Assembly.

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 Valarie Smith.

    Senator Raggio moved that the Senate adjourn until Wednesday, March 3, 1999 at 11 a.m.

    Motion carried.

    Senate adjourned at 11:46 a.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Janice L. Thomas

                Secretary of the Senate