THE FIFTY-SECOND DAY
Carson City(Wednesday), March 24, 1999
Senate called to order at 11:36 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Bruce Henderson.
Heavenly Father,
Do these times of prayer mean anything to anyone, or are they just another “time-honored tradition?” May these few moments of quiet reflection each day truly get us in touch with You and with ourselves. May we be humbled and strengthened for the task at hand. Thank You.
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. 332, 460, 461, 462, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 53, 95, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 398, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was referred Senate Bill No. 277, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 10, 59, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Senate Bill No. 483, 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 Taxation, to which was referred Assembly Bill No. 174, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 339, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which were referred Senate Bills Nos. 35, 154, 168, 209, 235, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 22, 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. 24.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 198, 215, 318, 391, 410, 462, 464.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 12.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, March 23, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 38.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, March 24, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 39.
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, Wiener; Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, 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. 25—Congratulating Dr. Wallace S. Broecker for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by Nevada Bell Shareholders.
WHEREAS, Scientists have made extraordinary advances in understanding the critical role that ocean currents play in the earth’s climate; and
WHEREAS, Dr. Wallace S. Broecker is renowned for making major contributions to the understanding of climate change and global warming through his research into global ocean currents and ocean chemical cycles; and
WHEREAS, After receiving his Bachelor of Arts Degree from Columbia University in 1953, Dr. Broecker received his Ph.D. from Columbia University in 1958; and
WHEREAS, Dr. Broecker has held professorships at Columbia University throughout his career and is presently the Newberry Professor of Geological Sciences at Columbia University’s Lamont-Doherty Earth Observatory; and
WHEREAS, Dr. Broecker has pioneered techniques in understanding chemical changes in the ocean and atmosphere and is widely acclaimed for his work in paleoclimatology, ocean chemistry, ocean circulation and environmental sciences; and
WHEREAS, Dr. Broecker has been a leading voice warning of the potential danger of increased greenhouse gases in the earth’s atmosphere and has spearheaded efforts to use Biosphere 2 as a laboratory to test the potential effects of greenhouse gases on ecosystems; and
WHEREAS, Dr. Broecker was elected as a member of the National Academy of Sciences in 1979 and has been a member of the American Academy of Arts and Sciences since 1976; and
WHEREAS, Dr. Broecker’s many achievements have garnered him much-deserved praise and have earned him numerous honors and awards, including the prestigious Blue Planet Prize and the nation’s highest scientific award, the National Medal of Science; and
WHEREAS, The Nevada Medal is an honor conferred by the Desert Research Institute of the University and Community College System of Nevada in recognition of outstanding scientific, engineering and technical achievements; and
WHEREAS, The Nevada Medal is sponsored by Nevada Bell, a member of the Pacific Telesis group and provider of a variety of telecommunication services to northern Nevada; and
WHEREAS, Dr. Broecker’s achievements and continuing contributions in the field of global environmental research have been recognized, and he is being honored this year as the recipient of the Nevada Medal, which includes a $10,000 prize; 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 hereby congratulate Dr. Wallace S. Broecker for being named the recipient of the 1999 Nevada Medal given by the Desert Research Institute; and be it further
RESOLVED, That Nevada Bell is hereby commended for their continued sponsorship of this medal, which offers well-deserved recognition to persons who have demonstrated outstanding scientific, engineering and technical achievements; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Wallace S. Broecker.
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, Madam President. This is a traditional event for those of us serving in the Senate. We are privileged, each session that we meet, to have the recipient of the prestigious Nevada Medal visit us and to have the opportunity to show the appropriate recognition that the recipient deserves.
The Nevada Medal was established in 1988 by the Desert Research Institute and sponsored by Nevada Bell. It was established to honor an individual for his or her contributions to the advancement of science and engineering. The goal was to honor an individual of national or international prominence, bring recognition to that scientist as well as to the Nevada Scientific Community and especially to the Desert Research Institute, an adjunct of our own University of Nevada and Community College System. The Desert Research Institute is a unique entity for which all the residents of the state have a great deal of pride. Because of the presence of the Desert Research Institute in this state, the recipient of the medal is invited here. In both the northern and southern sectors, a dinner is held to recognize the distinguished recipient.
As you heard, when the resolution was read, the Nevada Medal has now taken its place in the scientific community as an award to be sought and one that is coveted. It includes, in addition to the prize of $10,000, an expense-paid visit for the recipient and a guest to attend the various presentation ceremonies and a visit to the Legislature.
This year, the medal has been awarded to Dr. Wallace S. Broecker, Newberry Professor of Geological Sciences at Columbia University’s Lamont-Doherty Earth Observatory. Dr. Broecker is a geochemist. It is said that a lot of people talk about the weather and never do anything about it, but Dr. Broecker has done a great deal about the weather over his course of time. He is noted for determining the role played by ocean currents which I presume includes El Niño, La Niña and their offspring. I quote “these act like a great conveyor belt in distributing heat energy away from the world’s equatorial regions.” Dr. Broecker’s work has provided a mechanism to explain the abrupt shifts in past climates which have been revealed in recent years by our own scientists from the Desert Research Institute as well as other organizations. Most recently, he spearheaded efforts to use Biosphere 2, managed by Columbia University, to test the potential effects of greenhouse gases on ecosystems.
In 1996, Dr. Broecker received the National Medal of Science which is the highest award recognized by the Science Community. Some of us were privileged to be present at a dinner in Reno last evening when he received the Nevada Medal. On a lighter side, he mentioned that he bought a new suit for the occasion. I am mentioning this because most of us were very amused and entertained by Dr. Broecker. He does not fit the mold of the absent-minded, dry professor. He has a great deal of humor. He related the story of buying this new suit, as suggested by his spouse, to wear to the ceremony when he received the National Medal. Unfortunately, he left home without the suit, which was later sent to him by Federal Express, but they did not send the shoes. So he had to wear his field boots when he met the President. I am proud to see that he has both the suit and the shoes today for this presentation. We are not making light of his accomplishments but rather to humanize him which makes the award even more significant.
We want to welcome Dr. Broecker to the Senate today. We are very prideful in participating in this recognition. Thank you.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 25 be immediately transmitted to the Assembly.
Motion carried unanimously.
Assembly Concurrent Resolution No. 38—Designating March 23, 1999, as Nevada Diabetes Awareness Day.
WHEREAS, Diabetes is a common, serious and costly disease that poses a major health problem to the residents of the State of Nevada; and
WHEREAS, It is estimated that the population of this state will double in the next 20 years and much of the current and future economic burden of diabetes can be averted through increased awareness about the disease and known preventative measures; and
WHEREAS, In 1994, for diabetes patients in this state, the direct cost of medical care and the indirect cost of lost productivity and premature mortality totaled a staggering $567 million; and
WHEREAS, The State of Nevada is helping to fight this disease through the Nevada Diabetes Council which is the advisory board to the Nevada State Diabetes Control Program established in 1996 by the Center for Disease Control; and
WHEREAS, For the first time ever, opportunity exists to create positive programs through collaborative efforts to reduce the cost and incidence of this debilitating illness; now, therefore, be it
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That March 23, 1999, is hereby designated as Nevada Diabetes Awareness Day; and be it further
RESOLVED, That the Nevada Legislature hereby commends the Nevada Diabetes Council for the informative services that it provides to the residents of the State of Nevada relating to diabetes; and be it further
RESOLVED, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mylan Hawkins, Executive Director of the Nevada Diabetes Association for Children and Adults and David Govaker, M.D., Chairman of the Nevada Diabetes Council.
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, Madam President. Assembly Concurrent Resolution No. 38 is sponsored by the entire membership of the Assembly and the Senate. Yesterday was designated as Diabetes Awareness Day in Nevada. Unfortunately, the Senate did not have a formal floor session. Many members of the Nevada Diabetes Council were here and met with individual Senators. Last session, one of the mandated coverages by Legislative action involved the disease of diabetes which is debilitating and very difficult to deal with. It is one which probably affects most families, including those represented here today. Juvenile diabetes and diabetes in general are diseases which cause a terrible impact upon the lives of individuals. The cost, indicated in the resolution, is a staggering $567 million each year. This is one indication of how widespread this disease is. There is a tremendous effort put forth nationally and statewide by those who are committed to this effort. It is fitting that we should pause and join in the recognition as indicated by the resolution. I am pleased, on behalf of the Senate, to add our endorsement to the purposes for which this resolution is offered.
Resolution adopted.
Assembly Concurrent Resolution No. 39—Designating March 24, 1999, as HIV/AIDS Awareness Day in the State of Nevada.
WHEREAS, The residents of the State of Nevada are its most precious resource, and all Nevadans are an integral part of the communities of this state and make a valuable contribution to society as a whole; and
WHEREAS, Nevada ranks 17th in the nation in reported cases of acquired immune deficiency syndrome (AIDS); and
WHEREAS, Young persons under the age of 25 years represent one-half of all new infections from exposure to the human immunodeficiency virus (HIV) in the United States; and
WHEREAS, The future of this state lies in its young residents, and the benefit of having young Nevadans continue in the work force with additional years of earning potential and other sociological contributions is incalculable; and
WHEREAS, Among persons between the ages of 25 and 44 years, HIV/AIDS is the second leading cause of death; and
WHEREAS, In 1997, there were 8,086 children under the age of 13 years infected; and
WHEREAS, Women now account for 16 percent of all cases of AIDS; and
WHEREAS, Female adolescents and young women under the age of 25 years are at an even higher risk for HIV infection; and
WHEREAS, At the end of 1997, Nevada had the highest incidence of AIDS in the western states for both men and women, even higher than the rate of incidence in California; and
WHEREAS, In 1997 and 1998, deaths in Nevada attributed to AIDS declined primarily because of the heroic efforts of scientists, health care professionals and persons living with HIV/AIDS; and
WHEREAS, Patients respond best to therapy early in the course of their HIV infection when they are still healthy and able to work; and
WHEREAS, Research related to AIDS has resulted in new treatments that are prolonging the lives of many Nevadans living with the disease, and although the cost of such drug therapy is high, these dollars are more than compensated for by shorter hospital stays and decreased outpatient care costs; and
WHEREAS, The AIDS epidemic is far from over, with new infections in Nevada every year, and in the absence of a cure or vaccine, education is the only defense against this disease; and
WHEREAS, The observance of HIV/AIDS Awareness Day is an opportunity to enhance tolerance, increase compassion and promote understanding of persons infected with HIV/AIDS while communicating information about the prevention of this epidemic; now, therefore, be it
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That the members of the 70th session of the Nevada Legislature do hereby designate March 24, 1999, as HIV/AIDS Awareness Day in the State of Nevada; and be it further
RESOLVED, That the Nevada Legislature recognizes the debilitating effects of HIV/AIDS on the residents of Nevada and their families and supports the efforts of those local, state and community-based agencies that are endeavoring to reduce the occurrences of HIV/AIDS among Nevadans.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Madam President. Assembly Concurrent Resolution No. 39 has some good points to make and is also full of helpful information. I hope you will all study it carefully for those reasons. In addition, on your desks you’ll find a fact sheet has been placed which has been provided to us by Dr. Jerry Cade on HIV/AIDS in Nevada.
I would say briefly, as we read this resolution, we can see that AIDS is a problem that affects individuals, families, communities, states and indeed the entire world. It does not discriminate. It strikes men and women, young and old, black, white, brown, yellow, red, gay and straight. It is something that affects all of us. It is a problem that calls for shared rights and shared responsibilities. Our rights—as people, we have the right to be able to avoid infections, the right to health care if we are sick with AIDS, and the right to be treated with dignity and without discrimination. But we also have responsibilities. Individuals and families have the responsibility to protect themselves and others from infection. Government has the responsibility to provide prevention and care services. By passing this resolution, we will be confirming Nevada’s position which is stated, very simply, that we must fight AIDS, not people with AIDS.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 12.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 198.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 215.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 318.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 391.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 410.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 462.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 464.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 190.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 145.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 5 as sections 2 through 4.
Amend sec. 4, page 2, line 33, by deleting “state controller” and inserting: “chief of the bureau of services to the blind and visually impaired in the rehabilitation division of the department of employment, training and rehabilitation”.
Amend sec. 4, page 2, line 36, by deleting “3” and inserting “2”.
Amend the title of the bill, seventh line, by deleting: “making an appropriation;”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 315.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 206.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. The amendatory provisions of this act apply to an action that is filed on or after October 1, 1999.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Conflict of interest declared by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 480.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 12 of the 69th Session.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 64.
Bill read third time.
Roll call on Senate Bill No. 64:
Yeas—21.
Nays—None.
Senate Bill No. 64 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 67.
Bill read third time.
Remarks by Senators Wiener and Titus.
Roll call on Senate Bill No. 67:
Yeas—21.
Nays—None.
Senate Bill No. 67 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Senate Bill No. 285 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 314.
Roll call on Senate Bill No. 314:
Bill read third time.
Yeas—21.
Nays—None.
Senate Bill No. 314 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 326.
Bill read third time.
Remarks by Senators James and Neal.
Roll call on Senate Bill No. 326:
Yeas—20.
Nays—Neal.
Senate Bill No. 326 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 359.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 359:
Yeas—21.
Nays—None.
Senate Bill No. 359 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 417.
Bill read third time.
Remarks by Senators O’Connell and Neal.
Roll call on Senate Bill No. 417:
Yeas—21.
Nays—None.
Senate Bill No. 417 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 20, 85, 113, 127, 128, be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 96; Assembly Bills Nos. 23, 45, 68, 73, 83, 104, 105, 120.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to teacher Aaron Parsons and the following students from the Incline High School: Cole Bevel, Brandon Carney, Markus Cartellieri, Emily Cox, Ryan Croke, Kacy Cullen, Gherardo Fedrigo, Margarita Franco, Shannon Hudson, Kristina Hutt, Ryan Lanz, Breanna McCluskey, Shelley Mitchell, Amanda Nevel, Gina Paynter, Jason Pilkington, Jay Pollock, Robert Rathbun, Matt Simon, Annie Theodoratus, Nelson Velasquez, Matt Williams, Chris Campbell, Josh Cutler, Fatima Dominguez, Brandon Garcia, Shawn Hartman, Kyle Hershberger, Josh Jeffries, Jessica Jewkes, Scott Keuper, Kyle Knespler, Kelly Miller, Melody Orr, Mario Perez, Karina Ponce, Kierstin Randall, Jeremy Reynolds, Tim Reynolds, Kate Rice, Ryan Spurlock, Melissa Van Dusen, Loren Watson and Ryan Whitlock.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Wallace S. Broecker, Laura Watts, Dr. Steve Wells, Dr. Richard Jarvis, Dr. Mary Lou Jarvis and Fred Davis.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Ann Johnson.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Joyce Trombley and John Doherty.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Jerry Cade.
Senator Raggio moved that the Senate adjourn until Friday, March 26, 1999 at 10:15 a.m. in honor of the United States participation in NATO’s military intervention in Kosovo.
Motion carried.
Senate adjourned at 12:51 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas