THE FORTIETH DAY
Carson City(Friday), March 12, 1999
Senate called to order at 10:46 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator O’Donnell, who was excused.
Prayer by the Chaplain, Pastor Al Tilstra.
Our Father in Heaven, we give You thanks for good weather and the lovely promises of spring. We thank You for good health, good friends and all the things we so often take for granted.
We thank You for the keen challenges of this hour, for work to do that demands the best we have and still finds us inadequate.
Then may we seek Your help, knowing that in partnership with You, in applying Your will to our problems, there shall be no dull moment and no problems beyond solution. God bless us all and help us to be right and to do right.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 125, 232, 233; Assembly Bills Nos. 22, 24, 55, 79, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 61, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Judiciary.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 83, 104, 105, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which were referred Senate Bill No. 242; Assembly Bill No. 120, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Mark A. James, Chairman
Mr. President pro Tempore:
Your Committee on Transportation, to which was referred Senate Bill No. 268, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Also, your Committee on Transportation, to which were referred Senate Bills Nos. 202, 300; Assembly Bills Nos. 23, 45, 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 11, 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. 19; Assembly Bills Nos. 260, 350.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 174.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 20; Assembly Concurrent Resolution No. 17.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolution No. 5.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
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; Assemblymen Humke, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 21—Memorializing distinguished educator, Edward Ward Van Gorder.
WHEREAS, The people of the State of Nevada suffered a tremendous loss with the passing of Edward Ward Van Gorder on December 9, 1997; and
WHEREAS, Edward Van Gorder was born in Ithaca, New York, on January 24, 1926, to Walter and Bessie Van Gorder; and
WHEREAS, Ed Van Gorder graduated from Ithaca High School in 1944 and attended Ithaca College where he earned a Bachelor of Science degree with a major in Physical Education, and a Master’s Degree in 1957; and
WHEREAS, Ed Van Gorder was employed by Reno School District No. 10 in September 1948 as a teacher and coach and served 15 years as a coach, science teacher and counselor at B.D. Billinghurst Junior High School; and
WHEREAS, Ed Van Gorder received counseling and administration certificates after attending the University of Nevada, Reno, from 1962 until 1966 and in 1963 was appointed Principal of Hunter Lake Elementary School in Reno where he served until his retirement in 1984; and
WHEREAS, After his retirement, Ed Van Gorder was elected to the Board of School Trustees of the Washoe County School District in 1984 and was re-elected in 1992, serving as President, Vice President and Clerk; and
WHEREAS, Ed Van Gorder was a member of the National Association of Elementary Principals and the Nevada Association of School Administrators; and
WHEREAS, This dedicated public servant was also active in civic organizations including the B.P.O. Elks Lodge, Optimist Club, Reno Board of Realtors, Nevada Association of School Boards and was a life member of the Parent-Teacher Association; and
WHEREAS, Ed Van Gorder received numerous awards throughout his life recognizing him for his contributions to education including the Award of Excellence from the Hunter Lake PTA, Washoe County Teachers Association Dedicated Performance Award, Nevada Association of School Boards Meritorious Service Award, ROTC High Schools’ Leadership Excellence Award, Sierra Council PTA Award and the Optimist International Award; and
WHEREAS, The love and respect that Ed Van Gorder received from his students was expressed simply by District Court Judge Charles McGee who was quoted as saying, “For hundreds of us who came to the hardwood floors of the old Billinghurst gym, for those who came there and received our first lessons in life and discipline and laughter, for us Ed Van Gorder was just ‘coach.’”; and
WHEREAS, Ed Van Gorder is survived by his wife Jan and sons Bill Whitney of Reno and Robert Van Gorder of Fairfax, Virginia, daughters Kristi Van Gorder of Cedar Falls, Iowa, Cathy Heemansen of Moraga, California, Victoria Wilson and Cynthia Hanlon, both of Los Angeles, California, brother Melvin Van Gorder of Ithaca, New York, six grandchildren and several nieces and nephews; now, therefore, be it
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That Edward Ward Van Gorder will forever be remembered with highest regard by residents of this state and the many pupils who benefited from his dedication and commitment to education; and be it further
RESOLVED, That the members of this body express their deepest sympathies and extend their sincere condolences to Edward Ward Van Gorder’s beloved wife Jan and family; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jan Van Gorder.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. It is a special privilege for me to rise in support of Senate Concurrent Resolution No. 21 honoring the late Ed Van Gorder who served Washoe County and the State of Nevada for so many years in the field of education. He not only touched my life personally, but also the lives of my family as well as hundreds of thousands of lives over the years in Washoe County.
Ed Van Gorder made significant contributions to education from 1948 until his death in 1997, almost a half century. He was known very respectfully, by all his young students, as Mr. Van Gorder. He carried with him a high responsibility which was his commitment to each and every one of his students who revered him throughout his entire career.
He became a teacher in September, 1948, at the old B.D. Billinghurst School in Reno. He spent 15 years at Billinghurst School as a science teacher, a coach and a counselor. He was the one person to whom the students went when they had concerns or problems because of his compassionate, understanding and caring manner.
His performance was recognized when he was named as principal of Hunter Lake Elementary School. He served in that capacity for over 20 years until his retirement in 1984. His retirement was an extraordinary event with many remarks and an outpouring of support from educators, parents, colleagues but most impressively by his past and present students. It was a very memorable event.
The citizens of Washoe County would not let Ed Van Gorder, the renowned teacher and principal, retire. He was persuaded to run for a seat on the school board where he served for another eight years. He held every office on the school board including that of president. That shows the extent to which he was respected by those with whom he served.
He was an outspoken advocate for improvement in education. He dedicated his entire life to education. He received significant recognition for excellence from various organizations. It is fitting today that we stop for a moment to memorialize someone who did so much for education, not only in Washoe County but, because of his service on various committees and boards, throughout the State of Nevada. He was indeed Mr. Van Gorder and Mr. Educator. His contributions to education in this State will be his everlasting heritage. Thank you.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 21 be immediately transmitted to the Assembly.
Motion carried unanimously.
Mr. President pro Tempore announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:02 a.m.
SENATE IN SESSION
At 11:05 a.m.
President pro Tempore Jacobsen presiding.
Quorum present.
Assembly Concurrent Resolution No.17.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Assembly Concurrent Resolution No. 5.
Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Schneider:
Senate Bill No. 383—AN ACT relating to taxation; specifying certain properties that must be assessed by the Nevada tax commission; defining “property of an interstate or intercounty nature” for the purpose of determining whether a property must be assessed by the Nevada tax commission; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Shaffer:
Senate Bill No. 384—AN ACT relating to utilities; requiring an electric utility that places high-tension electrical wires on private property to offer to purchase all private property within a reasonable proximity of such wires; requiring the public utilities commission of Nevada to adopt necessary regulations; providing a penalty; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senators Washington, O’Donnell, O’Connell, Rawson, Amodei, Porter and Assemblyman Gustavson:
Senate Bill No. 385—AN ACT relating to education; providing in skeleton form for a program of voucher schools; authorizing certain private schools to apply for certification as voucher schools; authorizing pupils to participate in the program of voucher schools; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Care:
Senate Bill No. 386—AN ACT relating to veterans; authorizing the board of regents of the University of Nevada to grant full or partial waivers of fees assessed against certain veterans attending a university or community college within the University and Community College System of Nevada; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 387—AN ACT relating to tow cars; revising the provisions governing the maintenance and use by law enforcement agencies of lists of operators of tow cars; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Mathews:
Senate Bill No. 388—AN ACT relating to schools; providing for the establishment of a pilot program to facilitate the availability of social workers in schools; making an appropriation; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 389—AN ACT relating to the state fire marshal; clarifying the class of counties in which the state fire marshal may enforce certain laws and regulations and conduct certain investigations; 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 Transportation:
Senate Bill No. 390—AN ACT relating to motor vehicles; prohibiting a state or local law enforcement agency of this state from using a quota for citations or arrests or basing certain decisions on numbers of citations or arrests; repealing the maximum speed limit of 75 miles per hour on highways in this state; making a posted speed limit a prima facie speed limit that a person may rebut in certain circumstances; establishing a fine of $25 if a person driving a motor vehicle is traveling no more than 9 miles per hour over the speed limit in certain circumstances; prohibiting the use of speed traps in certain circumstances; prohibiting a person driving a motor vehicle from entering an intersection in certain circumstances; requiring the department of transportation to conduct an engineering and traffic study of the highways of this state; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senators Porter and James:
Senate Bill No. 391—AN ACT relating to land use planning; providing in skeleton form for the establishment of provisions to preserve the rural character and density of certain annexed territories in certain counties; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Porter:
Senate Bill No. 392—AN ACT relating to trade practices; regulating the merchandise sold at informal markets and the records required to be kept; prohibiting certain use of retail sales receipts or Universal Price Code Labels; providing penalties; 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 Senator Titus:
Senate Bill No. 393—AN ACT relating to land use planning; requiring state agencies and regional and local governmental entities to consider certain principles of orderly, centralized growth before taking certain actions; providing for the designation of priority funding areas in certain counties; requiring money from certain grants and loans to be made available with a relative preference toward development in priority funding areas; requiring local government to take certain actions to comply with its master plan; 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 Titus:
Senate Bill No. 394—AN ACT relating to regional planning; providing in skeleton form for the coordination of planning among various governmental entities in certain counties with respect to air pollution, land use and transportation; 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 Washington:
Senate Bill No. 395—AN ACT relating to parole; requiring under certain circumstances that photographs from crime scenes be included in the files pertaining to certain prisoners when those prisoners are considered for parole; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senators Townsend and Titus:
Senate Bill No. 396—AN ACT relating to animals; making certain acts regarding the treatment of certain animals unlawful; increasing the penalties for certain mistreatment of animals; clarifying the definition of service animal; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Porter:
Senate Bill No. 397—AN ACT relating to public lands; authorizing the division of state lands of the state department of conservation and natural resources to establish and carry out certain programs relating to the preservation of unique archaeological or historical sites; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Finance:
Senate Bill No. 398—AN ACT relating to child support; creating a fund for the disbursement of payments for child support collected by the welfare division of the department of human resources; 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. 399—AN ACT relating to the state legislature; establishing a legislative committee on correctional institutions and providing its duties; 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 Judiciary:
Senate Bill No. 400—AN ACT relating to criminal actions; revising the jury instruction that defines reasonable doubt in criminal actions; 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. 401—AN ACT relating to courts; increasing the number of district judges in the eighth judicial district; increasing the number of those district judges who must be judges of the family court; making an appropriation; 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 Taxation:
Senate Bill No. 402—AN ACT relating to property tax; exempting certain property from taxation; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Washington:
Senate Bill No. 403—AN ACT relating to taxation; eliminating the provision of child care as a requirement for qualifying for a reduction of the business tax for employers who employ persons with low incomes; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senators James, Townsend, O’Connell, Rawson, Carlton, Amodei, Care, Coffin, Jacobsen, Mathews, McGinness, Neal, Porter, Raggio, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener:
Senate Bill No. 404—AN ACT relating to programs for public employees; authorizing continued coverage under the state’s program of group insurance without charge for the surviving spouse and any surviving child of certain police officers and firemen; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 174.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 260.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 350.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 125, 126.
Bills read by number.
Roll call on Assembly Bills Nos. 125, 126:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Assembly Bills Nos. 125, 126 having received a constitutional majority, Mr. President pro Tempore declared them passed.
Bills ordered transmitted to the Assembly.
GENERAL FILE AND THIRD READING
Senate Bill No. 215.
Bill read third time.
Roll call on Senate Bill No. 215:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 215 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 217.
Bill read third time.
Roll call on Senate Bill No. 217:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 217 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 238.
Bill read third time.
Remarks by Senator Washington.
Roll call on Senate Bill No. 238:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 238 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 250.
Bill read third time.
Roll call on Senate Bill No. 250:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 250 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 278.
Bill read third time.
Roll call on Senate Bill No. 278:
Yeas—17.
Nays—O’Connell, Rhoads, Washington—3.
Excused—O’Donnell.
Senate Bill No. 278 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 177.
Bill read third time.
Roll call on Assembly Bill No. 177:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Assembly Bill No. 177 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Joint Resolution No. 2; Assembly Bills Nos. 25, 80.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Sarah Barndt and Traci Trenoweth.
On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jennifer Jurczak.
On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Molly Carlin.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Samantha Goldstein.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Trina Spencer.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Lucas Rhea.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Trudi Spencer.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Kyle Crosley.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Vance Bell, Marilyn Bell, Kate Dronen, Phyllis Gladding, Jack Kelley, Frances Kelley, Jan Van Gorder, Kristi Van Gorder, Bill Whitney, Jessica Whitney, Renee Whitney, Mary Rhea, Sherry Spencer, Linda Thompson, Holly Hawkins, Sue Hoffman, Linda Conlin and John Alexander.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Dylan Conlin.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Rebecca Lacey.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Jared Higbee.
Senator Raggio moved that the Senate adjourn until Monday, March 15, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:01 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas