THE THIRTY-SIXTH DAY
Carson City(Monday), March 8, 1999
Senate called to order at 11:18 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Al Tilstra.
Our Father in heaven, we pray for the members of this body in their many responsibilities. Help them in their offices, in committees, and above all, as they meet here in legislative session. May they never forget that what is said and done here is not done in a corner, but always under Your scrutiny. May they feel the weight of their responsibility for You, and remember the influence of a good example, that all who come to this place may have a stronger faith in government of the people, by the people, for the people.
May the Senators so speak and act that all who wait upon them may be inspired, rather than disillusioned by what they see and hear and are asked to do. Make Yourself real to these men and women, that each may feel You sitting beside them, and hear Your voice, and win Your approval in all things. So help them 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 were referred Senate Bills Nos. 54, 64, 92, 175; Assembly Bills Nos. 108, 115, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 5, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 18; Assembly Bill No. 231.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 6, 10.
Susan Furlong Reil
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 6.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Concurrent Resolution No. 10.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Concurrent Resolution No. 23.
Senator Rawson moved that the resolution be referred to the Committee on Finance.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 328—AN ACT relating to education; revising provisions regarding the commission on educational technology; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Rhoads and Assemblyman Carpenter:
Senate Bill No. 329—AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Rhoads:
Senate Bill No. 330—AN ACT relating to diseased animals; requiring the state quarantine officer to maintain confidentiality of certain notices regarding diseased animals; 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 Mathews:
Senate Bill No. 331—AN ACT relating to motor vehicles; exempting newer motor vehicles from the provisions governing the control of emissions from motor vehicles; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Porter:
Senate Bill No. 332—AN ACT relating to unemployment compensation; requiring the administrator of the employment security division of the department of employment, training and rehabilitation to order that benefits for unemployment not be charged against the record for experience rating of an employer if the employer provides, within a certain period, evidence satisfactory to the administrator that the employee claiming the benefits left his employment voluntarily without good cause or was discharged for misconduct connected with his employment; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Finance:
Senate Bill No. 333—AN ACT making an appropriation to the Office of Science, Engineering and Technology; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Schneider:
Senate Bill No. 334—AN ACT relating to private investigators; exempting persons who are retained by business establishments to act as customers solely to assess the service given to customers by the employees of such establishments from provisions governing the licensure of private investigators; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator O’Donnell:
Senate Bill No. 335—AN ACT relating to mortgage companies; requiring a mortgage company to disclose the yield spread premium to a prospective borrower at the time a mortgage company provides an estimate of an interest rate to the prospective borrower; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator O’Donnell:
Senate Bill No. 336—AN ACT relating to transportation; revising the composition of the board of directors of the department of transportation and of certain regional transportation commissions; 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 O’Donnell:
Senate Bill No. 337—AN ACT relating to motor vehicles; prohibiting the use of a siren by an emergency vehicle on a freeway; specifically authorizing an emergency vehicle to operate warning lamps without sounding the siren; 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 Rawson:
Senate Bill No. 338—AN ACT relating to traffic laws; providing for the exclusive use of certain parking spaces designated for the handicapped by certain vehicles; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 231.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 99, 101, 124; Assembly Joint Resolution No. 5.
Bills and resolution read by number.
Roll call on Assembly Bills Nos. 99, 101, 124; Assembly Joint Resolution No. 5:
Yeas—18.
Nays—None.
Not Voting—Coffin, O’Connell, Raggio―3.
Assembly Bills Nos. 99, 101, 124; Assembly Joint Resolution No. 5 having received a constitutional majority, Madam President declared them passed.
Bills and resolution ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Senate Bill No. 182 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Neal.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 204.
Bill read second time and ordered to third reading.
Senate Bill No. 234.
Bill read second time and ordered to third reading.
Assembly Bill No. 25.
Bill read second time and ordered to third reading.
Assembly Bill No. 80.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 99.
Bill read third time.
Remarks by Senators Neal and Carlton.
Roll call on Senate Bill No. 99:
Yeas—21.
Nays—None.
Senate Bill No. 99 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 111.
Bill read third time.
Roll call on Senate Bill No. 111:
Yeas—21.
Nays—None.
Senate Bill No. 111 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 152.
Bill read third time.
Remarks by Senators O’Donnell, Titus, Neal and Raggio.
Senator O’Donnell moved that Senate Bill 152 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator O’Donnell.
Motion carried.
Senate Bill No. 181.
Bill read third time.
Remarks by Senator Rawson.
Senator Rawson disclosed that he is employed by the University College System.
Roll call on Senate Bill No. 181:
Yeas—21.
Nays—None.
Senate Bill No. 181 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 203.
Bill read third time.
Remarks by Senator Washington.
Roll call on Senate Bill No. 203:
Yeas—21.
Nays—None.
Senate Bill No. 203 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 255.
Bill read third time.
Remarks by Senators Raggio, Neal, James and O’Donnell.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Madam President. Senate Bill No. 255 addresses the provisions governing the funding for a railroad grade separation project in Washoe County. The sponsors of the bill are all the members of the Washoe County delegation, both in the Senate and the Assembly. The bill ratifies the one quarter of a cent sales and use tax increase imposed by the Board of Washoe County Commissioners to finance the railroad grade separation and other infrastructure projects which were authorized by S.B. No. 494 of the Sixty-Ninth Legislative Session. The measure also permits Nevada’s Department of Taxation, without any contractual agreement with Washoe County being necessary, to perform all the functions incident to the administration and operation of the railroad and infrastructure related taxes. The Department of Taxation is to be compensated for administrative expenses and is required to transfer the net revenue each month to the railroad and infrastructure funds in the county. Further, this measure clarifies the Legislative intent of S.B. No. 494 of the last session and indicates the relationship between the sales tax imposed by Washoe County and the room tax imposed by the City of Reno for the railroad project. Under the current law, matching funds are required in order to impose the sales tax. This provision specifically states that the proceeds of the room tax are available to be used as the matching funds as was the intent of the Legislature in the last session. This measure clearly specifies that provision. The measure adds that proceeds of the room tax imposed by the City of Reno may be used to pay direct expenses of the project and for the prepayment of principle and interest of notes, bonds or other obligations issued to fund the project as well as for debt services. The bill also allows the money from the railroad project fund to be used for those purposes. The measure becomes effective on passage and approval.
Senator James requested that his remarks be entered in the Journal.
Thank you, Madam President. For the record, I don’t understand this to be any kind of support for the Nuclear Waste Repository in Nevada.
Roll call on Senate Bill No. 255:
Yeas—20.
Nays—None.
Not Voting—James.
Senate Bill No. 255 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 10.
Resolution read third time.
Remarks by Senators Rhoads and Titus.
Roll call on Senate Joint Resolution No. 10:
Yeas—21.
Nays—None.
Senate Joint Resolution No. 10 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 11; Senate Concurrent Resolution No. 18.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Attorney General Brian McKay.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to the following Boy Scouts from Spring Creek: Chris Rodgers, Charlie Voos, James Deaver, Boden Bradley, Blaine Pickett, James Grange, Gavin Hertz, David Marshall, Kepa Zugazaga, Adam Kemmerer, Jon Salisbury, Brett Hughes, Brian Coulston, Troy Savary, James Pond and Daniel Farris; Scoutmaster Pete Bradley, Assistant Scoutmaster Dan Marshall and the following parents and relatives: Al Pickett, Erika Pickett, Brett Pickett, Marcella Pond, Terri Rodgers, Richard Rodgers, Jackie Jonas, Mitch Grange, Anita Salisbury, Bill Farris, Jed Bradley and Sue Bradley.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Bill Stanley and Bill Middleton.
Senator Raggio moved that the Senate adjourn until Wednesday, March 10, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:07 p.m.
Approved: Lorraine T. Hunt
Attest: Janice L. Thomas