THE THIRTY-EIGHTH DAY
Carson City(Wednesday), March 10, 1999
Senate called to order at 11:11 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Al Tilstra.
Our Father in heaven, as we pray for Your guidance and help, we know that You do not intend prayer to be a substitute for work.
We know that we are expected to do our part, for You made us, not puppets, but persons with minds to think and wills to resolve. Make us willing to think, and think hard, according to the light You have given us.
May we never fail to do the very best we can. Help us to pray in the knowledge that it all depends on You. Help us then to work as if it all depended on us, that together we may do that which is well pleasing in Your sight.
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 were referred Senate Bills Nos. 250, 278; Assembly Bill No. 177, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 215, 217, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 125, 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Ann O’Connell, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Senate Concurrent Resolution No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Taxation, to which was referred Senate Bill No. 238, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Taxation, to which was referred Senate Bill No. 33, has had the
same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance, but without recommendation.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 8, 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. 86, 113; Senate Joint Resolution No. 13; Assembly Joint Resolution No. 4.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 150.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources:
Senate Joint Resolution No. 14—Urging the United States Senate to refrain from ratifying the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By Senator O’Connell:
Senate Joint Resolution No. 15—Urging the Congress of the United States to ensure that the decennial census is conducted without statistical sampling.
Senator O’Connell moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assembly Joint Resolution No. 4.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Senator McGinness moved that Senate Bill No. 33 be re-referred to the Committee on Finance.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Rhoads, Jacobsen, McGinness, Amodei and James:
Senate Bill No. 339—AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating support for the promotion of agriculture within this state, including support for the programs and activities of the Future Farmers of America within the State of Nevada; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Jacobsen (by request):
Senate Bill No. 340—AN ACT relating to hazardous materials; authorizing a person to possess, use, manufacture, purchase, install, transport or sell chlorofluorocarbons; providing that the possession, use, manufacture, purchase, installation, transportation or sale of chlorofluorocarbons does not subject a person or governmental entity to any type of punitive action; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 341—AN ACT relating to local governmental purchasing; limiting the time certain local governments are required to maintain a record of requests for bids and bids received; authorizing the authorized representative of a local government to let contracts in an emergency and to assign awarded contracts; authorizing local governments to reaward contracts; prohibiting the sale of personal property of a local government unless the property is no longer required for public use; authorizing local governments to join or use the contracts of the State of Nevada; 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 Senator O’Connell:
Senate Bill No. 342—AN ACT relating to public works projects; prohibiting a public body from requiring a contractor or subcontractor to agree to make certain contributions to a labor organization for the provision of benefits to workmen hired to work on a public work; prohibiting a public body from requiring a contractor or subcontractor to agree to limit the number of his employees he may hire to work on the public work; providing certain exceptions; providing a penalty; 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 the Committee on Natural Resources:
Senate Bill No. 343—AN ACT relating to vessels; revising the provisions governing the payment of storage fees for certain vessels stored to preserve evidence of the commission of a crime; 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. 344—AN ACT relating to state lands; revising the provisions governing the option of certain persons to purchase the mineral interests owned by the State of Nevada in certain trust lands; 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 Human Resources and Facilities:
Senate Bill No. 345—AN ACT relating to education; eliminating supplemental evaluations for probationary employees of a school district; revising the standards for the evaluation of probationary employees of a school district; 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. 346—AN ACT relating to the commission on substance abuse education, prevention, enforcement and treatment; revising the composition and duties of the commission; 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 Senators Wiener, Washington, Care, Amodei, Coffin, James, Mathews, McGinness, Porter, Schneider, Shaffer and Titus:
Senate Bill No. 347—AN ACT relating to guardianships; requiring a court to consider certain factors in determining whether a parent is qualified and suitable to act as guardian of a minor; requiring a court to consider certain factors in determining the best interests of a minor when asked to remove the guardian of the minor; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 348—AN ACT relating to state lands; directing the purchase of certain land and the appurtenant water rights in Carson City; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 349—AN ACT relating to the tax on special fuel; authorizing the department of motor vehicles and public safety or its authorized agent to stop and inspect a motor vehicle that is using or transporting special fuel in violation of certain provisions; authorizing the department to impose an administrative fine under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senators Porter, McGinness, Rhoads, Amodei; Assemblymen Dini, Neighbors, de Braga, Carpenter and Collins:
Senate Bill No. 350—AN ACT relating to school finance; creating the rural education fund; requiring the legislative committee on education to administer the fund and grant allocations of money from the fund; requiring the state board of finance to issue general obligation bonds for the financial support of the fund; authorizing certain school districts to apply for an allocation from the fund; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Townsend:
Senate Bill No. 351—AN ACT relating to short-term lessors of passenger cars; authorizing the commissioner of insurance to issue a limited agent’s license to a short-term lessor of passenger cars and his employees who conduct certain limited insurance activities; providing an exemption from examination for applicants for such limited licenses; 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 the Committee on Human Resources and Facilities:
Senate Bill No. 352—AN ACT relating to the support of children; prohibiting a stay of certain proceedings for the enforcement of child support; authorizing the issuance of additional orders in certain proceedings for the enforcement of child support; exempting the division of wildlife of the state department of conservation and natural resources from certain regulations relating to the submission of a statement concerning compliance with a court order for child support as a condition to the issuance or renewal of a license; 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 Senator Jacobsen:
Senate Bill No. 353—AN ACT relating to public employment; directing the Department of Personnel to increase the salaries of certain classified positions in the Department of Prisons; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Care:
Senate Bill No. 354—AN ACT relating to workers compensation; requiring an insurer, third-party administrator or organization for managed care to provide upon request a review by a physician of a decision to withhold or deny prior authorization for certain services ordered by the treating physician or chiropractor of an injured employee; requiring the insurer, third-party administrator or organization for managed care to authorize such services if the physician determines the services are necessary; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Care:
Senate Bill No. 355—AN ACT relating to workers’ compensation; authorizing an injured employee whose employer’s insurer has contracted with an organization for managed care to select a provider of health care who is not a member of that organization under certain circumstances; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Townsend:
Senate Bill No. 356—AN ACT relating to insurance; providing in skeleton form for the revision of the provisions governing parity for insurance benefits for the treatment of conditions relating to mental health; 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 Senators Wiener, Shaffer, Rawson, Mathews and Amodei (by request):
Senate Bill No. 357—AN ACT relating to professions; creating the board of athletic trainers; prescribing the powers and duties of the board; requiring certain persons who engage in the practice of athletic training to be licensed by the board; prescribing the requirements for a license; providing a penalty; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 358—AN ACT relating to civil actions; enacting provisions regarding the manner in which a civil action against an official attorney will be defended; 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. 359—AN ACT relating to guardianship; requiring that a petition for the appointment of a temporary guardian must include a certificate from a physician or psychologist evidencing certain facts; 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. 360—AN ACT relating to crimes; revising the penalties for certain crimes; revising the provisions governing admission to bail for certain crimes; 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. 361—AN ACT relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; revising the provisions governing the effectiveness of counsel in a post-conviction proceeding; making various other changes to the provisions governing writs of habeas corpus; providing that credits against the sentence of an offender may be forfeited for the filing of a frivolous petition for a writ of habeas corpus; 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’Connell:
Senate Bill No. 362—AN ACT relating to taxation; prohibiting, under certain circumstances, the imposition of penalties and interest on delinquent taxes for the period during which an audit of a taxpayer is extended; revising the manner in which penalties and interest are calculated if a taxpayer has made overpayments and underpayments; providing for the appeal of any decision of the executive director or other officer of the department of taxation to the Nevada tax commission; expanding the Taxpayers’ Bill of Rights; increasing the amount of taxes, penalties and interest that may be waived if a taxpayer has relied to his detriment on the advise of the department; authorizing certain actions relating to the payment of taxes to be brought in Clark County; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Titus:
Senate Bill No. 363—AN ACT relating to hazardous materials; providing incentives for the voluntary removal or rendering harmless of environmental contamination; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Shaffer and Assemblywoman Ohrenschall:
Senate Bill No. 364—AN ACT relating to crimes; revising provisions regarding theft of leased personal property; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Amodei and Assemblyman Dini:
Senate Bill No. 365—AN ACT relating to emergency medical services; creating a committee on emergency medical services; providing the method of appointment of members; establishing the powers and duties of the committee; 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.
Assembly Bill No. 86.
Senator O’Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 113.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 150.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Senate Bill No. 182 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator Neal.
Motion carried.
Senator James moved that the action whereby Assembly Joint Resolution No. 4 was referred to the Committee on Government Affairs be rescinded.
Remarks by Senator James.
Motion carried.
Senator James moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 54.
Bill read second time and ordered to third reading.
Senate Bill No. 64.
Bill read second time and ordered to third reading.
Senate Bill No. 92.
Bill read second time and ordered to third reading.
Senate Bill No. 175.
Bill read second time and ordered to third reading.
Assembly Bill No. 108.
Bill read second time and ordered to third reading.
Assembly Bill No. 115.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 152.
Bill read third time.
Remarks by Senators Neal, O’Donnell and Coffin.
Roll call on Senate Bill No. 152:
Yeas—16.
Nays—Carlton, Coffin, Mathews, Neal, Titus—5.
Senate Bill No. 152 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 204.
Bill read third time.
Roll call on Senate Bill No. 204:
Yeas—21.
Nays—None.
Senate Bill No. 204 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator James moved that Senate Bill No. 234 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 25.
Bill read third time.
Remarks by Senators Rawson, Neal and James.
Senator Rawson disclosed that he is a licensed dentist.
Roll call on Assembly Bill No. 25:
Yeas—21.
Nays—None.
Assembly Bill No. 25 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 80.
Bill read third time.
Remarks by Senator James.
Roll call on Assembly Bill No. 80:
Yeas—21.
Nays—None.
Assembly Bill No. 80 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 182.
Bill read third time.
Roll call on Senate Bill No. 182:
Yeas—21.
Nays—None.
Senate Bill No. 182 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 18; Assembly Concurrent Resolution No. 2.
REMARKS FROM THE FLOOR
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Madam President. We just passed out Senate Bill No. 152 on which we had some discussion regarding the skeleton form in which it passed out of this house. I would like to direct the attention of the members of the Senate to Senate Standing Rule No. 106 that deals with the introduction of skeleton bills, not the passage. It is the intent, I believe, of this particular rule to allow a sponsor and the Legislative Counsel Bureau to introduce skeleton bills in this house that are to be referred to committee. The committees are then to look at those bills, fill them out, flush them out and bring them back before this body. We have no joint rules in the Senate between this house and the other house regarding skeleton bills. Therefore, I would think that we would at least try to follow the rules that we have adopted in this legislative process.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Ryan Perkins, Jose Perez, Leigh Adams, Skye Nielson, Karen Cheney, Amber Leavitt, Molly Bundy, Lisa Smith, Charmagne Bitsole, Ellen McMillan and David Leavitt.
Senator Raggio moved that the Senate adjourn until Thursday, March 11, 1999 at 11 a.m. and that it do so in memory of former Supreme Court Justice Harry A. Blackmun and baseball great Joe DiMaggio.
Motion carried.
Senate adjourned at 12:14 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas