THE THIRTY-NINTH DAY

Carson City(Thursday), March 11, 1999

Senate called to order at 11:09 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Al Tilstra.

In the Name of our God, who never is in a hurry, we pray, that You will slow us down, for we know that we live too fast. Especially in these 120 days of this session. Let us rejoice today with our honorable President of the Senate on her birthday. So if we are to burn ourselves out, may it be in causes worth dying for.

With all of eternity before us, make us take time to live—time to get acquainted with You, time to enjoy Your blessings, and time to know each other. Deliver us from wasting time and teach us how to use it wisely and well. We ask all these things in Your mighty 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.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 10, 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. 8, 136, 283; Senate Joint Resolution No. 2; Assembly Joint Resolution No. 10.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 58.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 28.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 15.

Senator Jacobsen moved the adoption of the resolution.

Remarks by Senator Jacobsen.

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, Wiener; Assemblymen Neighbors, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:

Senate Concurrent Resolution No. 20—Commemorating the 80th anniversary of the American Legion and designating March 13 through March 19, 1999, as American Legion Week in Nevada.

WHEREAS, The American Legion, an organization of wartime veterans united by a common bond of continued service to God and country, was founded in 1919, shortly after the end of World War I; and

WHEREAS, The American Legion was instrumental in convening the first National Flag Conference in 1923 where representatives from various patriotic organizations drafted the U.S. Flag Code, a set of guidelines for civilian flag courtesy, later adopted by Congress in 1942; and

WHEREAS, The American Legion is a national organization comprised of nearly 3 million men and women who have served their country with honor during one of the wars of the 20th century; and

WHEREAS, In Nevada, the American Legion presently has more than 9,000 members; and

WHEREAS, By giving meaningful service in conjunction with the theme “Still Serving America,” Legionnaires have made significant contributions to American thought and deed; and

WHEREAS, Endeavors of the American Legion, which strengthen our freedom and perpetuate our free institutions, characterize this gigantic fraternity of service as one of the great bulwarks of the American way of life; and

WHEREAS, One of the strongest beliefs of the American Legion is that education is the first requisite of good citizenship and the cornerstone upon which rests the future of this nation; and

WHEREAS, Because of this belief, the American Legion founded National Education Week in 1921 and for the last 50 years has published the leading sourcebook for scholarships and financial aid entitled “Need A Lift?”; and

WHEREAS, To further assist young men and women in continuing their education beyond high school, local American Legion Posts gave more than $3.6 million in scholarships during 1995-96; and

WHEREAS, The American Legion has achieved its position of high esteem through programs of service to communities, states and our nation, including sponsorship of Nevada Boys’ State, scouting troops and high school oratorical contests, as well as many programs of service to veterans; and

WHEREAS, Such programs have become an integral part of the lives of the youth and veterans in Nevada; and

WHEREAS, This year the American Legion will observe the 80th anniversary of its founding from March 15 through March 17, 1999; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the 70th session of the Nevada Legislature do hereby commemorate the American Legion on its 80th anniversary as a national and state organization and designate the week of March 13 through March 19, 1999, as American Legion Week in Nevada; and be it further

RESOLVED, That the American Legion is hereby commended for its support and efforts on behalf of the youth and veterans nationally and in Nevada; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Pat Burch, Commander of the Department of Nevada of the American Legion and Harold L. “Butch” Miller, National Commander of The American Legion.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Jacobsen and James.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

Thank you, Madam President. It is fitting today that we adopt Senate Concurrent Resolution No. 20 that commemorates the eightieth anniversary of the American Legion and that we designate this week as American Legion Week in Nevada. Through the tradition of the Legislature, we have been privileged to hear from the National Commander of the American Legion. Because of scheduling conflicts this year, we are unable to have that privilege. It would be remiss if we did not, as our tradition has dictated, stop and recognize this very patriotic and effective organization. I rise as a member of the American Legion. Following his military service, my father was a member of Darrel Dunkle Post No. 1 in Reno. My mother was also very active in the American Legion Auxiliary during her lifetime and also in the “8 and 40” group which is an affiliate. I know that many of those who serve in this body, as well as their own parents, also are active members.

The American Legion was founded in 1919 at the end of World War I, the conflict in which so many Americans gave their lives to save freedom. It was a war that was then designated as the war to end all wars. Notwithstanding that, many of us were called to military duty again during World War II when the despots of many countries were poised to take control of the world. Once again, Americans gave up their liberty for the cause of freedom. That has continued again and again in other conflicts such as the Korean War, the Vietnam War and more recently in the Persian Gulf Conflict. I do not have time to recount all the history, but those who have been called to duty and given life and limb in the cause of freedom certainly are testimonials to the basic reasons why this nation has survived for these centuries.

Today, we recognize the impact of not only the American Legion, but all of the veterans’ organizations which have joined together to recognize the sacrifices and the commitment which has made America the great nation that it is.

In closing, as we adopt this resolution, I would like to read from an anonymous poem which says it far better than any of us will be able to say.

It was the Veteran, not the reporter, who has given us freedom of the press.

It was the Veteran, not the poet, who has given us freedom of speech.

It was the Veteran, not the lawyer, who has given us the right to a fair trial.

It was the Veteran, not the campus organizer, who has given us freedom to demonstrate.

It is the Veteran who salutes the flag, who served under the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag. All gave, some gave all.

Senator Jacobsen:

It is an honor to be a member of the American Legion because the organization does a lot of great things for everyone. I’m sure some of you in this Chamber participated in Boys’ State. Some of the best speeches I have heard have been made by some of the young people from Boys’ State.

Senator James:

Thank you, Madam President. I would like to rise in support of this resolution. I would be remiss if I did not rise and say “thank you” to the members of the American Legion who are present today. It is an organization that has had a great impact upon my life. I was a member of Boys’ State and was the Governor of Boys’ State in 1976. That was a tremendous experience for me and probably started my political interest and is one of the reasons I am here today. I have the American Legion to thank for that.

The other thing I participated in was the American Legion speech contest. This is a tremendous speech contest on the Constitution of the United States. You have to give a 12‑minute prepared speech on the Constitution at each contest. Also, you have to be prepared to give a five‑minute extemporaneous speech on any issue in the Constitution of the several that are listed. I was a two‑time Nevada State champion of that contest. That was how I learned more about the Constitution than I ever did in school. In the Human Resources Committee, next week, we are going to hear a bill on requiring the teaching of American Government documents in school. One of the points I will be making there is that our school system could learn a lot from what the American Legion has done in promoting these documents on American History.

I want to rise in support of the resolution and thank the members of the American Legion who are here and tell them how important they have been in my growth and development.

Resolution adopted.

Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 20 be immediately transmitted to the Assembly.

Motion carried unanimously.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:33 a.m.

SENATE IN SESSION

At 11:36 a.m.

President Hunt presiding.

Quorum present.

Assembly Concurrent Resolution No. 28.

Senator Rawson moved the adoption of the resolution.

Remarks by Senator Rawson.

Resolution adopted.

Assembly Joint Resolution No. 10.

Senator Rawson moved that the resolution be referred to the Committee on Finance.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Government Affairs:

Senate Bill No. 366—AN ACT relating to telephone services; repealing the prospective expiration of certain provisions concerning the surcharge on telephone services in certain counties for the enhancement of the telephone systems for reporting emergencies in those counties; 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 Government Affairs:

Senate Bill No. 367—AN ACT relating to deferred compensation; providing, in compliance with federal law, that all amounts of compensation deferred pursuant to the deferred compensation program for employees of political subdivisions and all property, rights and income relating thereto must be held in trust for the exclusive benefit of the participants in the program and their beneficiaries; 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 Government Affairs:

Senate Bill No. 368—AN ACT relating to state facilities; requiring the state to pay the connection fees for the connection of state buildings and other facilities to the sewage system of Carson City; and providing other matters properly relating thereto.

Senator O’Connell moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Government Affairs:

Senate Bill No. 369—AN ACT relating to revenue bonds for industrial development; providing for the confidentiality of certain records submitted by obligors for the issuance of such bonds; prohibiting, under certain circumstances, the issuance of such bonds by the state if the issuance would result in the abandonment or closure of an existing facility; revising the prerequisites to the financing of a proposed project; authorizing the director of the department of business and industry to adopt regulations related to the issuance of such bonds and to refund such bonds issued by counties and cities in this state; 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 Human Resources and Facilities:

Senate Bill No. 370—AN ACT relating to public assistance to the medically indigent; providing contingently for a combination of Medicaid with private insurance for long-term care; 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 Titus, Raggio and Assemblyman Dini:

Senate Bill No. 371—AN ACT relating to the University and Community College System of Nevada; authorizing the construction and equipment of a building for the Desert Research Institute; authorizing the issuance of securities to pay for part of the cost of the building; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Townsend:

Senate Bill No. 372—AN ACT relating to motor vehicles; revising the rights of dealers in new vehicles as against manufacturers, importers and distributors; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Schneider:

Senate Bill No. 373—AN ACT relating to civil liability; providing in skeleton form immunity from civil liability for certain persons who assist an agency, board or commission that regulates an occupation or profession; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Schneider:

Senate Bill No. 374—AN ACT relating to associations of self-insured public and private employers; eliminating the prohibition against an association’s administrator and its third-party administrator having a financial relationship or being employed by one another; eliminating the prohibition against an association’s administrator performing the duties of the third-party administrator; eliminating the requirement that a person who solicits memberships for an association obtain a permit from the commissioner of insurance; 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 Schneider:

Senate Bill No. 375—AN ACT relating to trade secrets; prohibiting certain acts related to trade secrets; authorizing a court to award exemplary damages in certain circumstances; clarifying certain means that a court may use to preserve the secrecy of an alleged trade secret; providing a penalty; 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 Porter and Assemblywoman Von Tobel:

Senate Bill No. 376—AN ACT making an appropriation for the design of a community college to be located in Mesquite; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Porter and Assemblywoman Segerblom:

Senate Bill No. 377—AN ACT relating to state land; authorizing the state land registrar to convey certain land to Clark County; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Porter:

Senate Bill No. 378—AN ACT relating to agriculture; providing for the establishment of a program for the eradication and control of certain noxious pests; expanding the definition of chronic nuisance to include the presence of certain noxious pests on property; granting the administrator of the division of agriculture of the department of business and industry the powers of a peace officer in certain circumstances; requiring public schools to provide instruction to certain students regarding certain noxious pests; making an appropriation; and providing other matters properly relating thereto.

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

Motion carried.

By Senator Porter:

Senate Bill No. 379—AN ACT relating to motor vehicles; providing for the issuance of special license plates recognizing service as a Seabee in the United States Navy; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

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

Motion carried.

By Senators Townsend, Amodei, Rhoads, Washington, Mathews and Titus:

Senate Bill No. 380—AN ACT relating to actions resulting from constructional defects; establishing a screening panel to review claims for damages resulting from a constructional defect caused by an act or omission of a professional engineer or professional land surveyor; and providing other matters properly relating thereto.

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

Motion carried.

By Senators James, Rhoads, Porter, Washington, Neal, Amodei, Carlton, Wiener and Assemblyman Perkins:

Senate Bill No. 381—AN ACT relating to traffic; prohibiting the use of electronic devices for the observation and detection of moving traffic violations; providing that evidence obtained through the use of such a device is not admissible in a criminal or administrative proceeding; and providing other matters properly relating thereto.

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

Motion carried.

By Senators Titus and Raggio:

Senate Bill No. 382—AN ACT relating to hospice care; revising the benefits for such care required to be provided to persons eligible for Medicaid; authorizing certain nurses who provide such care to make pronouncements of death; expanding the class of facilities eligible to obtain a license to provide such care; and providing other matters properly relating thereto.

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

Motion carried.

Assembly Bill No. 8.

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

Motion carried.

Assembly Bill No. 58.

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

Motion carried.

Assembly Bill No. 136.

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

Motion carried.

Assembly Bill No. 283.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 215.