THE THIRTY-THIRD DAY
Carson City(Friday), March 5, 1999
Senate called to order at 10:47 a.m.
President Hunt presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, Al Fry.
Prayer of St. Francis
Make me a channel of Your peace. Where there is hatred, let me bring Your love. Where there is injury, Your pardon. And where there is doubt, true faith.
Master, grant that I may never seek so much to be consoled as to console. To be understood as to understand, to be loved as to love with all my soul.
Where there’s despair, let me bring hope. Where there is darkness, only light, and where there’s sadness, ever joy.
Make me a channel of Your peace. It is in pardoning that we are pardoned. In giving to all men that we receive. And in dying, born again to eternal life.
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 Judiciary, to which were referred Senate Bill No. 234; Assembly Bills Nos. 25, 80, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 204, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 4, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 18.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 299.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Joint Resolution No. 2.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 23.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
COMMUNICATIONS FROM STATE OFFICERS
United States Senate
Washington, D.C. 20510-2803
February 26, 1999
The Honorable William Raggio, Senate Majority Leader, Legislative Building,
401 South Carson Street, Carson City, Nevada 89701-4747
Dear Bill:
Please accept my sincere appreciation for allowing me to address a joint session of the Nevada State Legislature recently.
I always enjoy visiting the Legislature and look forward to working with you on issues of mutual concern.
With all best wishes,
Sincerely,
Harry Reid
United States Senator
Taipei Economic and Cultural Office
in San Francisco
555 Montgomery Street, Suite 501
San Francisco, California 94111 U.S.A.
Telephone: (415) 362-7680 Fax (415) 362-5382
February 26, 1999
The Hon. William J. Raggio, Majority Floor Leader, P.O. Box 281, Reno, NV 89504
Dear Sir:
I wish to thank you for your kind invitation for Director General Victor Tseng to visit and address a joint session of the 1999 Nevada State Legislature. I would like to suggest the address date on Thursday, March 25 at 5:00 p.m., if this date could fit into your schedule.
With your acknowledgement, I will further discuss details of Mr. Tseng’s visit with Mr. Steve Watson of Legislative Counsel Bureau. Your friendship with this office is always appreciated.
With my best regards,
Sincerely yours,
Charles Liu
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 9.
Senator Washington moved the adoption of the resolution.
Remarks by Senator Washington.
Resolution adopted.
Senate Concurrent Resolution No. 16.
Senator Rhoads moved the adoption of the resolution.
Remarks by Senator Rhoads.
Resolution adopted.
By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Joint Resolution No. 13—Urging the President and the Congress of the United States to support the participation of Taiwan of the Republic of China in the World Health Organization.
WHEREAS, Good health is a basic right for every citizen of the world and access to the highest standards of health information and services is necessary to help guarantee this right; and
WHEREAS, Participation in international health programs is crucial to world health as the potential for the spread of various infectious diseases increases proportionately with the increase in world trade and travel; and
WHEREAS, The World Health Organization set forth in the first chapter of its charter the objective of attaining the highest possible level of health for all people; and
WHEREAS, In 1977, the World Health Organization established “Health for all by the year 2000” as its overriding priority and reaffirmed that commitment in 1995 with the initiation of its “Health for All” renewal process; and
WHEREAS, This country’s population of 21 million is larger than three-quarters of the member states already in the World Health Organization and Taiwan shares the noble goals of the organization; and
WHEREAS, The achievements of Taiwan in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox and the plague and the first country in the world to provide children with free hepatitis B vaccinations; and
WHEREAS, Before its loss of membership in the World Health Organization in 1972, Taiwan sent specialists to serve in other member countries on countless health projects and its health experts held key positions in the organization, all to the benefit of the entire Pacific region; and
WHEREAS, Presently, this remarkable country is not allowed to participate in any forums and workshops organized by the World Health Organization concerning the latest technologies in the diagnosis, monitoring and control of diseases; and
WHEREAS, In recent years, the government and the expert scientists and doctors in the field of medicine of Taiwan have expressed a willingness to assist financially or technically in international aid and health activities supported by the World Health Organization, but these offers have ultimately been refused; and
WHEREAS, According to the constitution of the World Health Organization, Taiwan does not fulfill the criteria for membership; and
WHEREAS, Because the World Health Organization does not allow observers to participate in the activities of the organization and considering all of the benefits that such participation would bring, it is in the best interests of all persons in this World that Taiwan be admitted to the World Health Organization; now, therefore, be it
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That the members of the 70th session of the Nevada Legislature do hereby urge President Clinton and the Congress of the United States to support all efforts made by Taiwan of the Republic of China to gain meaningful participation in the World Health Organization; and be it further
RESOLVED, That the policy of the United States should include the pursuit of an initiative in the World Health Organization that would ensure such participation; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of Health, Education and Welfare, the World Health Organization, the Director General of the Taipei Economic and Cultural Office in San Francisco and each member of the Nevada Congressional Delegation; and be it further
RESOLVED, That this resolution becomes effective upon passage and approval.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Joint Resolution No. 13 declared an emergency measure under the Constitution and placed on third reading and final passage.
Senator Raggio requested that his remarks be entered in the Journal.
As you will note, on March 25, we have invited Director General Victor Tseng, Charles Liu and a delegation here. There will be an address to a joint recess of the Senate and the Assembly. One of the issues at the Republic of China, Taiwan, is extremely interested in is, there inability to participate in the World Health Organization. It would be my purpose today, unless there is an objection from any Senator here, to move to suspend the rules and not refer this to a committee for hearings. It will be the proposal that we would go ahead and adopt this today and send it to the Assembly where I would assume they will do the same. This will save a great deal of time.
Motion carried unanimously.
Assembly Concurrent Resolution No. 2.
Senator James moved the adoption of the resolution.
Remarks by Senator James.
Resolution adopted.
Assembly Joint Resolution No. 2.
Senator O’Donnell moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator O’Connell:
Senate Bill No. 316—AN ACT relating to programs for public employees; authorizing certain public employees to secure insurance from an insurer or employee benefit plan other than through the state’s program of group insurance under certain circumstances; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senators Wiener, McGinness, Porter, Townsend, Titus, Amodei, Care, Neal, O’Connell, O’Donnell, Rawson, Rhoads, Schneider and Shaffer:
Senate Bill No. 317—AN ACT relating to taxation; providing for a reduction in the business tax for businesses that provide or subsidize day care for certain adult dependents of employees; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 318—AN ACT relating to taxation; revising the method of collecting the taxes on the transfer of real property; clarifying the responsibility for payment of the taxes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 319—AN ACT relating to taxation; exempting certain ad valorem tax levies from the limitation on the total ad valorem tax levy for all public purposes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Schneider:
Senate Bill No. 320—AN ACT making an appropriation to the State Public Works Board for the construction of a building in Clark County that would facilitate the consolidation of the offices within the Department of Business and Industry; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Jacobsen (by request):
Senate Bill No. 321—AN ACT relating to the department of prisons; requiring correctional officers of the department of prisons to complete a program of training during their first year of employment; establishing a standardized badge for correctional officers and retired correctional officers of the department; reclassifying peace officers who are superintendents and correctional officers of the department upon the completion of additional training; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Schneider:
Senate Bill No. 322—AN ACT relating to time shares; providing for the registration of a time share resale broker; requiring a time share resale broker to pay a fee for registration; requiring a time share resale broker to disclose certain facts to an owner; requiring a time share resale broker to disclose certain facts to a purchaser; requiring a time share resale broker to place certain advance fees in a trust account until the sale of the time share or the expiration of the listing; requiring the real estate division of the department of business and industry to review the advertising of a time share being offered for resale; requiring a filing fee; providing a penalty; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Amodei and Assemblywoman Buckley:
Senate Bill No. 323—AN ACT relating to land use planning; requiring that a governing body must include a manufactured home within the definition of a single-family residence in the zoning ordinances of the governing body; authorizing a governing body to adopt certain standards with respect to manufactured homes that are not affixed to a lot within a mobile home park; providing the circumstances pursuant to which a manufactured home constitutes real property; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Washington:
Senate Bill No. 324—AN ACT relating to taxicabs; providing for the regulation of taxicabs by local governments under certain circumstances; requiring the department of motor vehicles and public safety to adopt regulations concerning financial responsibility for liability of such taxicabs; and providing other matters properly relating thereto.
Senator Washington moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator O’Connell:
Senate Bill No. 325—AN ACT relating to the labor commissioner; prohibiting the labor commissioner from appealing certain decisions of the district court; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 326—AN ACT relating to writs; providing that an application for a writ of mandamus that alleges an unconstitutional prior restraint must be labeled in a certain manner; requiring the court in which such an application for a writ is filed to render judgment on the application within 30 days; 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. 327—AN ACT relating to criminal records; authorizing the release of certain records of criminal history to the authorized agent of an employer; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 299.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
CONSENT CALENDAR
Senate Bill No. 243.
Bill read third time.
Roll call on Senate Bill No. 243:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 243 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 99.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 42.
Amend sec. 3, page 3, line 33, by deleting: “upon passage and approval.” and inserting: “on January 1, 2001.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 111.
Bill read second time and ordered to third reading.
Senate Bill No. 152.
Bill read second time and ordered to third reading.
Senate Bill No. 181.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 43.
Amend sec. 7, page 6, between lines 6 and 7 by inserting:
“Fee for the certification of a license............................................... 50”.
Amend the title of the bill, fourth line, by deleting “board” and inserting “board;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 182.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 78.
Amend section 1, page 3, line 19, by deleting “complex;” and inserting “complex; or”.
Amend section 1, page 3, by deleting lines 20 through 23 and inserting:
“(4) Mobile home.”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 203.
Bill read second time and ordered to third reading.
Senate Bill No. 255.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 10.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 70.
Amend the resolution, page 2, by deleting lines 15 and 16 and inserting:
“1. Applies to any public lands in this state that:
(a) Are identified for disposal on resource management plans and management framework plans compiled by the United States Bureau of Land Management; and
(b) Are not included in the”.
Amend the resolution, page 2, line 19, before “disposal” by inserting “identification and”.
Amend the resolution, page 2, line 20, before “disposal” by inserting “identification and”.
Amend the resolution, page 2, line 30, by deleting “and”.
Amend the resolution, page 2, line 35, by deleting: “be it further”.
Amend the resolution, page 2, between lines 35 and 36 by inserting:
“4. The Secretary of Agriculture for the acquisition of environmentally sensitive land in the Lake Tahoe Basin and other programs and projects that will promote and protect the quality of the environment in the basin; and be it further”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 39.
Bill read third time.
Remarks by Senators Amodei, Schneider, Mathews and Neal.
Senator Schneider disclosed that his wife is on the board of a credit union.
Conflict of interest declared by Senator Mathews.
Roll call on Senate Bill No. 39:
Yeas—18.
Nays—None.
Not Voting—Coffin, Mathews—2.
Excused—Rawson.
Senate Bill No. 39 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 49.
Bill read third time.
Roll call on Senate Bill No. 49:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 49 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 56.
Bill read third time.
Remarks by Senator James.
Senator James disclosed that he is on the board of a health care provider.
Roll call on Senate Bill No. 56:
Yeas—19.
Nays—None.
Not Voting—Coffin.
Excused—Rawson.
Senate Bill No. 56 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 149.
Bill read third time.
Roll call on Senate Bill No. 149:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 149 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 158.
Bill read third time.
Remarks by Senators Neal, Raggio and Washington.
Roll call on Senate Bill No. 158:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 158 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 241.
Bill read third time.
Remarks by Senators Shaffer, Neal, Townsend and Mathews.
Senator Mathews requested that her remarks be entered in the Journal.
Thank you, Madam President. I asked the same question of the committee chairman that was asked by the Senator from North Las Vegas. The chairman gave me an explanation, but I want to add that we should not be putting into law what universities can accept as credits from someplace else. We do. We accept technical credits from technical colleges. We accept credits from non-traditional sources, and this bill specifically says that we cannot do that. That concerns me.
Roll call on Senate Bill No. 241:
Yeas—19.
Nays—Carlton.
Excused—Rawson.
Senate Bill No. 241 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 13.
Resolution read third time.
Remarks by Senators Raggio and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. As I indicated earlier, this matter is of some importance to the Republic of China (Taiwan) in anticipation of their official visit to the Legislature on March 25. Senate Joint Resolution No. 13 is being offered because the World Health Organization has, for a number of years, not allowed participation on the part of the Republic of China (Taiwan). As you can see from the language in the resolution, participation in the World Health Organization is of paramount importance to all populations of the world, including the Republic of China. This has its roots in the policy that Mainland China rejects the membership of Taiwan because they do not recognize it as a nation but consider it as a province of that country. We have historically, in the Legislature, taken the opposite view. We have established sister-state relationships with the Republic of China. This resolution is in accordance with that principle and policy. This draws attention to the fact that there are expert scientists and doctors in the field of medicine in Taiwan. They are very far advanced. It is important, not only to that country, but to all of the other countries throughout the world the important work that the World Health Organization does. It is involved in countless projects and decisions that are made. The Republic of China should be afforded participation in this organization. This resolution would put our state on record that the policy of the United States should include the pursuit of an initiative in the World Health Organization that would ensure such participation. I would recommend that we adopt this resolution.
Senator Jacobsen:
Thank you, Madam President. I certainly rise in support of Senate Joint Resolution No. 13. The Republic of China, Taiwan, has been very courteous and generous to this Legislature. They presented us with the two seals that adorn both the north and south sides of the building which were created at a foundry in Taiwan. Many of their artifacts are displayed in the building. It is interesting to note that they brought the artists here, and they performed their works in our presence. As our Majority Leader indicated, Nevada is a sister-state with Taiwan. They have been very kind and courteous to us, and I think they deserve our support.
Roll call on Senate Joint Resolution No. 13:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Joint Resolution No. 13 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 11.
The following Assembly amendment was read:
Amendment No. 77.
Amend sec. 4, page 2, line 23, 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.”.
Amend the bill as a whole by adding the following assemblyman as a primary joint sponsor:
Assemblyman Perkins.
Senator Titus moved that the Senate concur in the Assembly amendment to Senate Bill No. 11.
Remarks by Senator Titus.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 17; Assembly Concurrent Resolution No. 22.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Jim Wallace and Scott Hammond.
Senator Raggio moved that the Senate adjourn until Monday, March 8, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:01 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas