THE SIXTY-FIFTH DAY
Carson City(Tuesday), April 6, 1999
Senate called to order at 12:44 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Elaine Morgan.
O God, the fountain of wisdom, whose will is good and gracious, and whose law is truth: We beseech Thee so to guide and bless our Senators assembled here today, that they may enact such laws as shall please Thee, to the glory of Thy Name and the welfare of the people of Nevada through Jesus Christ our Lord.
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 was referred Senate Bill No. 392, 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 Government Affairs, to which was referred Senate Bill No. 532, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 197, 213, 389, 412; Assembly Bill No. 275, 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 Transportation, to which were referred Senate Bills Nos. 442, 490, 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, April 2, 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. 278; Assembly Bills Nos. 289, 452, 481, 624, 645, 670.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 28, 50, 59, 95, 109, 167, 169, 188, 202, 250, 252, 296, 303, 339, 375, 444, 518, 545.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Joint Resolutions Nos. 19, 20.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 3.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Carpenter and Claborn as a first Conference Committee concerning Assembly Bill No. 55.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 275 be placed at the top of the Second Reading File.
Remarks by Senator Rawson.
Motion carried.
Senator Porter moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:53 p.m.
SENATE IN SESSION
At 12:58 p.m.
President Hunt presiding.
Quorum present.
Senator O’Donnell moved that Senate Bill No. 339 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator O’Donnell.
Motion carried.
Senator McGinness moved that Senate Bill No. 179 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
Senate Concurrent Resolution No. 14.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted, as amended.
Senator Washington moved that Senate Bill No. 273 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried
By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 28—Revising the Joint Standing Rules of the Senate and Assembly for the 70th session of the Legislature to exempt resolutions from certain rules relating to the limitations on introduction and requests for legislative measures and the schedule for their enactment.
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Rules Nos. 14, 14.2 14.3, 14.4, 14.5 and 14.6 of the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Nevada Legislature are hereby amended to read as follows:
Rule No. 14. Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.
1. Except as otherwise provided in subsection5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 8th calendar day of the legislative session, not more than:
(a) Two requests from each Assemblyman; and
(b) Four requests from each Senator,
for the drafting of a bill . [or resolution.]
2. Except as otherwise provided in subsections 4 and 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 22nd calendar day of the legislative session, not more than 50 requests, in total, from the standing committees of each house. The Majority Leader of the Senate and the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill [or resolution] that may be submitted by each standing committee of their respective houses, within the limit provided by this subsection. The lists may be revised any time before the 22nd day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.
3. A request for the drafting of a bill or resolutionthat is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
4. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.
5. The Legislative Counsel shall not honor a request for the drafting of a bill or resolution submitted by a member or standing committee of the Senate or Assembly unless such information as is required to draft the measure is submitted to the Legislative Counsel with the request.
6. A measure introduced by a standing committee at the request of a legislator or organization must indicate the legislator or organization at whose request the measure was drafted.
7. The following measures must be introduced by a standing committee:
(a) Measures drafted at the request of agencies and officers of the executive branch of state government, local governments, the courts and other authorized nonlegislative requesters.
(b) Measures requested by interim legislative studies.
(c) Bills and joint resolutions requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills and joint resolutions requested by or on behalf of a standing committee must be introduced by that committee.
8. Simple and concurrent resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
9. If two or more measures are being considered in the same house which are substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.
10. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
Rule No. 14.2. Limitations on Time for Introduction of Legislation.
1. Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
(a) Unless the provisions of paragraph (b) or (c) are applicable, a bill [or resolution] may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory copy of the bill ; [or resolution;] or
(2) The last day for introduction of the bill [or resolution] as required by paragraph (d),
whichever is earlier.
(b) If a bill [or resolution] requires revision after the introductory copy has been delivered, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 10th calendar day following delivery of the introductory copy of the bill . [or resolution.] The revised bill [or resolution] may only be introduced on or before:
(1) The 15th calendar day following delivery of the original introductory copy of the bill ; [or resolution;] or
(2) The last day for introduction of the bill [or resolution] as required by paragraph (d),
whichever is earlier.
(c) If the bill [or resolution] requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill . [or resolution.] A bill [or resolution] revised pursuant to this subsection may only be introduced on or before:
(1) The 20th calendar day following delivery of the original introductory copy of the bill ; [or resolution;] or
(2) The last day for introduction of the bill [or resolution] as required by paragraph (d),
whichever is earlier.
(d) Except as otherwise provided in subsection 3, the last day for introduction of a bill [or resolution] that was requested by:
(1) A legislator is the 43rd calendar day of the legislative session.
(2) A standing or interim committee or other requester is the 50th calendar day of the legislative session.
2. The Legislative Counsel shall indicate on the face of the introductory copy of each bill [and resolution] the final date on which the bill [or resolution] may be introduced.
3. If the final date on which the bill [or resolution] may be introduced falls upon a day on which the House in which the bill [or resolution] is to be introduced is not in session, the bill [or resolution] may be introduced on the next day that the House is in session.
SCHEDULE FOR ENACTMENT OF BILLS [AND RESOLUTIONS]
Rule No. 14.3. Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.
Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
1. The
final standing committee to which a bill [or resolution] is referred in
its House of origin may only take action on the bill [or resolution] on
or before the 68th calendar day of the legislative session. A bill [or
resolution] may be re-referred after that date only to the Committee on
Finance or the Committee on Ways and Means and only if the Fiscal Analysis
Division has determined pursuant to subsection 1 of Joint Standing Rule No.
14.6 that the bill [or joint resolution] is exempt.
2. Final
action on a bill [or resolution] may only be taken by the House of
origin on or before the 78th calendar day of the legislative session.
3. The
final standing committee to which a bill [or resolution] is referred in
the second House may only take action on the bill [or resolution] on or
before the 103rd calendar day of the legislative session. A bill [or
resolution] may be re-referred after that date only to the Committee on
Finance or the Committee on Ways and Means and only if the Fiscal Analysis
Division has determined pursuant to subsection 1 of Joint Standing Rule No.
14.6 that the bill [or joint resolution] is exempt.
4. Final
action on a bill [or resolution] may only be taken by the second House
on or before the 110th calendar day of the legislative session.
5. Requests for the drafting of reports for Conference Committees must be submitted to the Legislative Counsel on or before the 118th calendar day of the legislative session.
Rule No. 14.4. Emergency Requests.
1. After a legislative session has convened:
(a) The Majority Leader of the Senate and
the Speaker of the Assembly may each submit to the Legislative Counsel, on his
own behalf or on the behalf of another legislator or a standing committee of
the Senate or Assembly, not more than five requests for the drafting of a bill . [or resolution.]
(b) The Minority Leader of the Senate and
the Minority Leader of the Assembly may each submit to the Legislative Counsel,
on his own behalf or on the behalf of another legislator or a standing
committee of the Senate or Assembly, not more than two requests for the
drafting of a bill . [or
resolution.]
2. A request submitted pursuant to subsection 1:
(a) May be submitted at any time during the legislative session and is not subject to any of the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3.
(b) Is in addition to, and not in lieu of,
any other requests for the drafting of a bill [or resolution] that are
authorized to be submitted to the Legislative Counsel by the Majority Leader of
the Senate, Speaker of the Assembly, Minority Leader of the Senate or Minority
Leader of the Assembly.
3. The
list of requests for the preparation of legislative measures prepared pursuant
to NRS 218.2475 must include the phrase “EMERGENCY REQUEST OF” and state
the title of the person who requested [the bill or resolution for]
each bill [or resolution requested] pursuant to this rule. If the request was
made on behalf of another legislator or a standing committee, the list must
also include the name of the legislator or standing committee on whose behalf
the bill [or resolution] was requested.
4. The
Legislative Counsel shall cause to be printed on the face of the introductory
copy of all reprints of each bill [or resolution] requested pursuant to
this rule the phrase “EMERGENCY REQUEST OF” and state the title of the person
who requested the bill . [or
resolution.]
Rule No. 14.5. Waivers.
1. At the request of a legislator or a standing committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a standing committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.
2. A waiver granted pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the legislator or standing committee on whose behalf the waiver is being granted.
(d) Must include the bill [or resolution]
number for which the waiver is granted or indicate that the Legislative Counsel
is authorized to accept and honor a request for a new bill . [or resolution.]
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which
the bill [or resolution] for which the waiver is being granted must be
introduced and processed.
3. The
Legislative Counsel shall not honor a request for the drafting of a new bill [or
resolution] for which a waiver is granted pursuant to this rule unless such
information as is required to draft the bill [or resolution] is
submitted to the Legislative Counsel within 2 calendar days after the date on
which the waiver is granted.
4. Upon
the receipt of a written waiver granted pursuant to this rule, the Legislative
Counsel shall transmit a copy of the waiver to the Secretary of the Senate and
the Chief Clerk of the Assembly. The notice that a waiver has been granted for
an existing bill [or resolution] must be read on the floor and entered
in the journal, and a notation that the waiver was granted must be included as
a part of the history of the bill [or resolution] on the next
practicable legislative day. A notation that a waiver was granted authorizing a
new bill [or resolution] must be included as a part of the history of
the bill [or resolution] after introduction.
5. The
Legislative Counsel shall secure the original copy of the waiver to the
official cover of the bill . [or
resolution.]
Rule No. 14.6. Exemptions.
1. Upon
request of the draft by or referral to the Senate Finance Committee or the
Assembly Committee on Ways and Means, a bill [or resolution] which has
been determined by the Fiscal Analysis Division to:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state,
is exempt from the provisions
of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint
Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis
Division shall give notice to the Legislative Counsel to cause to be printed on
the face of the bill [or resolution] the term “exempt” for any bills [and
resolutions] requested by the Senate Finance Committee or Assembly
Committee on Ways and Means that have been determined to be exempt and shall
give written notice to the Legislative Counsel, Secretary of the Senate and
Chief Clerk of the Assembly of any bill [or resolution] which is
determined to be exempt after it is printed. A notation of each exemption
granted after the bill [or resolution] was printed must be included as a
part of the history of the bill [or resolution] on the next practicable
legislative day. The term “exempt” must be printed on the face of all
subsequent reprints of the bill . [or resolution.]
2. All of the provisions
of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill [or
resolution] until it is determined to be exempt pursuant to subsection 1. A
bill [or resolution] determined to be exempt does not lose the exemption
regardless of subsequent actions taken by the Legislature.
3. A cumulative list of
all bills [and resolutions] determined to be exempt after being printed
must be maintained and printed in the back of the list of requests for the
preparation of legislative measures prepared pursuant to NRS 218.2475.
4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:
(a) A bill [or resolution] required
to carry out the business of the Legislature.
(b) A [resolution requiring an interim
study.
(c) A resolution to memorialize a former
member of the Legislature or other notable or distinguished person.
(d) A resolution to
congratulate or commend any person or organization for a significant and
meritorious accomplishment] joint,
concurrent or simple resolution.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Senator Porter requested that his remarks be entered in the Journal.
Thank you, Madam President. As you all know, the joint rules currently exempt most resolutions from the limitations on requests and deadlines. Senate Concurrent Resolution No. 28 will exempt the remainder of the resolutions from these limitations and deadlines. Despite its complex appearance, that is the only change this measure makes. Passing this measure will alleviate the problem faced by the Legislative Counsel and the front desk not being able to turn a bill into a resolution. An example of this would occur when a committee decides that instead of passing a bill that amended laws regarding grazing rights, public lands or Medicare, the better approach would be to urge Congress or the Federal Government to take a particular action. This would take the form of a joint resolution. The underlying bill that the committee is considering may not be the proper form for the legislative action. Passing this small amendment to the joint rules will accommodate this situation. The Legislative Counsel Bureau has requested this change to the rules, and they assure us that the workload of the Legal Division can easily accommodate the change. We have been asked to adopt this resolution today and pass it on to the Assembly for adoption as committees now are holding measures they would like to turn into resolutions before the April 9 deadline.
Resolution adopted.
Senator Porter moved that all rules be suspended and that Senate Concurrent Resolution No. 28 be immediately transmitted to the Assembly.
Motion carried unanimously.
Assembly Joint Resolution No. 19.
Senator Raggio moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Joint Resolution No. 20.
Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Concurrent Resolution No. 3.
Senator Rawson moved that the resolution be referred to the Committee on Transportation.
Motion carried.
Notice of Exemptions
April 6, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of the following bills: Senate Bills Nos. 89, 245, 261, 264 and 368 which:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of each bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.
Daniel G. Miles
Fiscal Analysis Division
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 28.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 50.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 59.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 95.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 109.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 167.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 169.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 188.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 202.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 250.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 252.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 289.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 296.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 303.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 339.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 375.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 444.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 452.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 481.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 518.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 545.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 624.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 645.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 670.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Senate Bills Nos. 494, 533.
Bills read by number.
Roll call on Senate Bills Nos. 494, 533:
Yeas—21.
Nays—None.
Senate Bills Nos. 494, 533 having received a constitutional majority, Madam President declared it passed.
Bills ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Assembly Bill No. 275.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 183.
Amend section 1, page 1, by deleting lines 8 through 15 and inserting:
“2. Before dissolving a hospital district pursuant to subsection 1, the board of county commissioners shall determine whether the proceeds from the taxes currently being levied in the district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district, before dissolving the district pursuant to subsection 1 the board of county commissioners may levy a property tax on all of the taxable property in the district that is sufficient, when combined with any revenue from taxes currently being levied in the district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this subsection. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to this subsection must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453 but the rate levied when combined with all other overlapping rates levied in the state must not exceed $4.50 on each $100 of assessed valuation. The board of county commissioners shall discontinue any rate levied pursuant to this subsection on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.
3. If, at the time of the dissolution of the hospital district, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the public employees’ retirement system, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the district have been paid in full, but for all other purposes the hospital district shall be deemed dissolved from the time the resolution is filed pursuant to subsection 1.
4. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution but the board of county commissioners shall continue to make such financial reports to the department of taxation as the department deems necessary until all outstanding obligations of the hospital district have been paid in full.”.
Amend section 1, page 2, line 1, by deleting “3.” and inserting “5.”.
Amend section 1, page 2, lines 4 and 5, by deleting: “must be used” and inserting: “and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 354.59811 is hereby amended to read as follows:
1. The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 3. NRS 354.695 is hereby amended to read as follows:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
2. The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.
6. [Once] Except as otherwise provided in section 1 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.
Sec. 4. NRS 361.453 is hereby amended to read as follows:
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Neal, Rawson and Raggio.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Neal:
Madam President, if I may ask a question of the chairman of Human Resources and Facilities Committee about the amendment. As I read the amendment, it seems that the general application of the amendment would apply to all hospital districts. Is that the case?
Senator Rawson:
Yes, as a general principle, it is probably better that we have a general law that would address all districts rather than singling one out. There are other rural hospitals that are in difficulty. I am not aware of any of the large county hospitals that are contemplating any issue like this.
Senator Neal:
That troubles me a bit because for years we have been fighting to keep UMC from being sold and this seems to permit that based on a hearing by the county commission. Also, the people would be able to pick up any outstanding obligation that that hospital has and that kind of troubles me without having a vote of the people to actually change that. Without that vote of the people for the larger district and without a population stipulation to have it apply to just Nye County, it seems to me that we are setting ourselves up to where the larger county, Clark County Hospital District, would be affected by this legislation.
Senator Rawson:
Since you asked the question, I have not had time to look back at the original bill to see if there was a population stipulation. I understand your concern. It would still be an issue though of a body that has been elected by the people that would make that decision. The county commissioners would have to decide that. There has been no discussion this session about University Medical Center doing that. They have made application this session to become an insurance company and begin their own HMO. They seem to be taking a different direction. Even though we put the population stipulation in frequently, I do have a longstanding concern about treating people differently in this State when really by Constitution we should not make that distinction. I don’t know if this is the place to draw that line. I think this is still a critical issue for that hospital now.
Senator Neal:
Madam President, I would have to vote against the amendment because I think that we are inviting a private takeover of a hospital that serves indigent patients in our larger county, and we are doing it by allowing the county commissioners to add a tax increase to do that. I understand the problems that we have in Nye County. Those problems have been with us, and I think that they should be resolved in the fashion that is listed in the bill. But I don’t think that we should carry along the larger county just to take care of the problem that is existing in Nye County. I think it is a bad policy, and that at least the people of Clark County should have an opportunity to actually vote upon this issue before we put it into the hands of the county commissioners. As we all know, the county commissioners are elected for a four-year term. They just might decide to go ahead and get rid of this indigent hospital that we have in Clark County and find out that the indigent would have nowhere to go for medical treatment or medical services. I think it is a bad policy. I have fought this since the early seventies when we first allowed Washoe County to go into private hands. We did not permit Clark County to follow that procedure at that time. I, for one, do not think that the time is right for us to do this now under this measure. I think we should have separated these two issues as far as the small counties and the large counties are concerned and allow Nye County to go forward and cure its own problems without including Clark County in this measure.
Senator Rawson:
Thank you, Madam President. I guess
there is a fundamental policy decision there whether or not the county as an
instrument created by the State should continue to be controlled by the State
or whether the county should under its system of government make its decision
for the county. That is a policy decision that we all have to look at. I agree
very much with the Senator from North Las Vegas that it would not be to our
benefit or the benefit of the people in Clark County for that hospital to be
sold into private hands. However, that is not under consideration at this
point. It would come under the protections of having the representative form of
government, the
county commissioners, being able to make that decision. After all, they do have
to stand before the electorate. That is just a policy decision we have to make.
Senator Raggio:
Thank you, Madam President. I did not serve on this committee, but if we are looking at the amendment alone, the amendment does not do what the Senator is saying. The bill itself does in the first subsection, but this amendment would say only that if the county commissioners do that, then they must take these steps to make sure that there are provisions for satisfying existing loans and indebtedness. They must levy a tax or provide some other means to make sure that the outstanding obligations are paid, and if they impose a tax, that it continues until all of these obligations are paid. The amendment does not address the Senator’s concerns. The bill itself does in subsection 1, but we at least should adopt the amendment because that limits in some ways what can be done by the county commissioners, but assures that the debt will be taken care of.
Motion carried.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Rawson moved that all rules be suspended, Assembly Bill No. 275 be declared an emergency measure under the Constitution and placed on third reading and final passage upon return from reprint.
Senator Rawson requested that his remarks be entered in the Journal.
As was discussed in the amendment, this bill provides for the dissolution of hospital districts in certain smaller counties and is in need of action today so that we can transmit it to the Assembly for consideration of our amendment.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 6, 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. 44.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 23.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 44―Commending Sheriff Richard Kirkland and the employees of the Washoe County Consolidated Jail for the innovative management philosophy applied at the Washoe County Consolidated Jail.
Whereas, In January 1995, Richard Kirkland was sworn into office as the new Sheriff of Washoe County and thereupon assumed the responsibility for the operation of the Washoe County Consolidated Jail; and
Whereas, At the time Sheriff Kirkland began his term of office, the management and operation of the Washoe County Consolidated Jail reflected a nationwide management philosophy that adopted a soft approach to the treatment of criminal offenders based on appeasing inmates with high levels of benefits; and
Whereas, Sheriff Kirkland envisioned a radical departure from the flawed national philosophy and quickly undertook to overhaul the system of managing the inmates of the Jail; and
Whereas, Sheriff Kirkland’s bold new philosophy was premised on the belief that inmates should be held accountable for their actions, experience meaningful punishment and repay their debts to society; and
Whereas, Sheriff Kirkland enlisted the support of the employees of the Jail by outlining the basic approach of the innovative plan and allowing the employees to help establish the details and methods for carrying out the plan; and
Whereas, The result of these consolidated efforts on the part of Sheriff Kirkland and the employees of the Jail was an Inmate Management Plan, the basic premise of which is that inmates should be treated humanely and fairly while being held accountable for their actions; and
Whereas, As part of the Inmate Management Plan, an inmate enters the system with the lowest level of benefits and rights that is constitutionally permissible such as two visitors per month, no television time, limits on time spent outside of the cell per day and consumption of meals in the cell; and
Whereas, The inmate is soon given the option to participate in the Plan by voluntarily agreeing to adhere strictly to all rules and regulations of the Jail and to work on various community service projects, such as cleaning roads, painting schools and maintaining the Jail facility; and
Whereas, Those inmates who volunteer to participate in the Plan earn such additional privileges as two visitors per week, selected time to watch television, increased out-of-cell time, consumption of meals in the group’s dayroom with other inmates, access to counseling and other self-improvement programs; and
Whereas, A participating inmate who chooses to violate a rule or regulation is held accountable for that behavior and reverts to the non-participating status, including the loss of all privileges; and
Whereas, Inmates of the Jail are also given the opportunity to participate in an aggressive Boot Camp Program, which is called the “Highly Intensive Supervision Training & Education Program”; and
Whereas, The Program is designed to give an inmate the opportunity to choose to change his or her lifestyle by progressing through various levels of the Program which include:
1. Physical and mental conditioning;
2. Educational programs such as instruction regarding résumé preparation and interviewing techniques for job applicants and classes geared toward preparing inmates to take tests of general educational development;
3. Training for and participation in the jail industry programs;
4. Work in the industry for which the inmate has been trained; and
5. Participation in the work-release program; and
Whereas, Under strict supervision, participating work crews from the Jail manned sandbag lines around the clock in 12-hour shifts during the severe flooding of the Truckee River in January of 1997 and more recently these work crews participated in a massive river clean-up project along the section of the Truckee River that runs through Reno and Sparks for a combined work effort of 279,570 hours of labor; and
Whereas, The combined result of the Inmate Management Plan and the Highly Intensive Supervision Training & Education Program so boldly instituted by Sheriff Kirkland and carried out by the employees of the Washoe County Consolidated Jail is an opportunity for a sense of appreciation and increased self-worth by participating inmates that increases the likelihood that the inmates will leave the Jail well-equipped to be productive members of society, thereby resulting in a reduction in the rate of criminal recidivism; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature recognizes and commends the outstanding foresight, extraordinary perseverance and innovative efforts of Sheriff Richard Kirkland and the employees of the Washoe County Consolidated Jail in developing and carrying out a truly effective system to manage inmates at the Washoe County Consolidated Jail; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sheriff Richard Kirkland.
Senator Washington moved the adoption of the resolution.
Remarks by Senators Washington, Raggio and Jacobsen.
Senator Washington requested that the following remarks be entered in the Journal.
Senator Washington:
Let me begin by saying it’s good to be on this side of Sheriff Kirkland as opposed to the other side. The Washoe delegation is familiar with the work Sheriff Kirkland has done in Washoe County, and we feel fortunate to have him on our team. As the resolution has stated, he is noted for his innovative approach to inmate management, developing programs for inmates, such as, work programs, inmate boot camps and the pay-as-you-stay program. Inmates are limited to fewer visitors, no television, limited time spent outside the jail cell for nonparticipation in these programs. His innovative approach has gained him and Washoe County national recognition by other state and federal prisons. I count it an honor and a privilege to have this man’s leadership, guidance, innovation and ingenuity as a part of our community, to serve our community. The awards and accolades he has earned and achieved can only speak of the monumental contributions he has made throughout his life. We feel proud to have him in Washoe County.
Senator Raggio:
Madam President, I am honored that we have this resolution which addresses some very fine accomplishments of the Washoe County Sheriff and his office. The resolution does point to Sheriff Kirkland who is an exemplary sheriff, good law enforcement officer and former chief of police but, also, addresses his office. We would be remiss today if we let all of the attention be directed to the Sheriff because the organization under his leadership has accomplished a great deal. We are proud of the Washoe County Sheriff’s Office over the years. When I served as district attorney in that county, I had cleaned up all the crime in the county. I don’t know what happened after I left. That sheriff’s office has been a tradition of service and excellence and has always led the way. I wouldn’t want to overlook the fact that the resolution addresses all of the employees of the Washoe County Sheriff’s Office. I want to join not only as a member of the Washoe delegation but, certainly, as a member of the Senate in acknowledging their very fine contributions, and what they do for the security of our people.
Senator Jacobsen:
Madam President, I would be remiss if I didn’t say a word or two about the honorable Sheriff. I had occasion to visit his establishment the day after all the power went out. I was dumbfounded that the place was still standing.
Resolution adopted.
Assembly Joint Resolution No. 23.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Joint Resolution No. 23 be declared an emergency measure under the Constitution and placed on third reading and final passage.
Senator Raggio requested his remarks be entered in the Journal.
This resolution commends and expresses support for United States servicemen captured in the Yugoslavian armed conflict. I think is only fitting that we recognize these servicemen today and let them know of our concern.
Motion carried unanimously.
SECOND READING AND AMENDMENT
Senate Bill No. 128.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 169.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 624.3017 is hereby amended to read as follows:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently approved by the board. The board shall review each edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the board unless the edition is disapproved by the board within 60 days of the publication of the code.
2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
3. Advertising projects of construction beyond the scope of the license.”.
Amend section 1, pages 1 and 2, by deleting lines 8 through 12 on page 1 and lines 1 through 4 on page 2 and inserting:
“3. If, upon investigation, the board or the executive officer has probable cause to believe that a person has engaged in advertising in a telephone directory that violates the provisions of this section, the board or the executive officer may issue an order to cease and desist the unlawful advertising. The order must be served personally or by certified mail and is effective upon receipt.
4. A person who is issued an order to cease and desist pursuant to subsection 3 may contest the order within 15 days after the date that he receives the order. If the person contests the order within 15 days after he receives the order, the board shall hold a hearing pursuant to NRS 624.310 within 90 days after the date that the board receives the notification. If the person does not contest the order within 15 days after the date that he receives the order, the order shall be deemed a final order of the board.
5. If the order becomes a final order of the board, the board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order that requires any telephone number included in the advertisement to be disconnected from service. The board shall forward the order to the appropriate provider of telephone service within 5 days after the order is issued.
6. Compliance in good faith by a provider of telephone service with an order of the board to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.
7. As
used in this section [, “advertising”] :”.
Amend the bill as a whole by deleting sections 2 through 8 and adding a new section designated sec. 3, following section 1, to read as follows:
“Sec. 3. NRS 624.310 is hereby amended to read as follows:
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, a hearing must be held within 30 days after the suspension.”.
Amend sec. 9, pages 5 and 6, by deleting lines 36 through 40 on page 5 and lines 1 through 24 on page 6 and inserting:
“Sec. 4. NRS 707.355 is hereby amended to read as follows:
707.355 1. Each
provider of telephone service in this state shall, when notified that [a] :
(a) A court has ordered the disconnection of a telephone number
pursuant to NRS 706.2855[,] ; or
(b) The state contractor’s board has ordered the disconnection of a telephone number pursuant to NRS 624.307,
take such action as is necessary to carry out the order of
the court[.] or the state contractor’s
board.
2. A provider of telephone service shall not:
(a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section; or
(b) Provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section.
3. As used in this section, “provider of telephone service” includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to contractors; authorizing the state contractor’s board to order providers of telephone service to disconnect a telephone number included in certain advertisements for services for which the advertiser does not have the required license; requiring each provider of telephone service to”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes state contractor’s board to order provider of telephone service to disconnect telephone number included in certain advertisements for services for which advertiser does not have license. (BDR 54‑607)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 131.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 293.
Amend section 1, pages 1 and 2, by deleting lines 3 through 14 on page 1 and lines 1 through 10 on page 2 and inserting:
“1. A public utility that provides paging service or equipment shall, regardless of whether the public utility provides other telephone services, maintain a record of the name and address of each person:
(a) To whom such service or equipment is provided; and
(b) Who deposits cash in advance with the public utility in lieu of being billed periodically.
2. If a customer who is provided with paging equipment subleases or otherwise makes the equipment available for use by another person, the customer shall require the person to whom the equipment is subleased or otherwise made available to:
(a) Complete an application in the same detail that is required by the public utility that provided the equipment to the customer; and
(b) Provide the customer with identification that contains a photograph of the person to whom the equipment is subleased or otherwise made available.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain persons to maintain records of certain information concerning users of paging service or equipment. (BDR 58‑578)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 148.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 204.
Amend section 1, page 2, line 23, after “confinement” by inserting: “of not more than 1 year”.
Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 2 through 15, following section 1, to read as follows:
“Sec. 2. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and which are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence investigations and reports pursuant to NRS 176.135[;] or general investigations and reports pursuant to section 3 of this act;
(c) Information maintained in the standardized system established pursuant to NRS 62.910;
(d) Records which have not been sealed and which are to be used, pursuant to chapter 179D of NRS, by:
(1) The central repository for Nevada records of criminal history;
(2) The division of parole and probation of the department of motor vehicles and public safety; or
(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender; and
(e) Information that must be collected by the division of child and family services of the department of human resources pursuant to NRS 62.920.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a child with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child’s name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child’s name and authorize its use in the civil action.
Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a defendant pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of one or more category E felonies, but no other felonies, the division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.
2. If the division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, the circumstances affecting his behavior and the circumstances of his offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the division;
(d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290; and
(e) Any other information that the division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.
Sec. 4. NRS 176.133 is hereby amended to read as follows:
1. “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology;
(b) A psychologist licensed to practice in this state;
(c) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
2. “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.
3. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 5. NRS 176.135 is hereby amended to read as follows:
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation and must include a psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 6. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of [the] any presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) [Such information about his characteristics,] Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of [the offense, as] his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the [crime] offense committed by the defendant has had upon the victim, including, [but not limited to,] without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this [subsection] paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;
(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i) A written report of the results of a psychosexual evaluation of the defendant, if the defendant is convicted of a sexual offense; and
(j) Such other information as may be required by the court.
2. The division may include in the report [such] any additional information [as] that it believes [will] may be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 7. NRS 176.156 is hereby amended to read as follows:
(a) Any presentence investigation made pursuant to NRS 176.135 and the recommendations of the division . [and]
(b) Any general investigation made pursuant to section 3 of this act.
The division shall afford an opportunity to each party to object to factual errors in any such report and to comment on [the] any recommendations.
2. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, [but not limited to,] without limitation, conducting hearings that are public in nature.
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to the mental hygiene and mental retardation division of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the division concerning the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill . [,
to provide any report or information to the division.]
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4, inclusive, [the] a report of a presentence investigation or general investigation and [its] the sources of information for such a report are confidential and must not be made a part of any public record.
Sec. 8. NRS 176.159 is hereby amended to read as follows:
2. If a [report of the] presentence investigation [was] and report were not required [because of the exception provided in] pursuant to paragraph (b) of subsection 3 of NRS 176.135[,] or pursuant to subsection 1 of section 3 of this act, the court shall cause a copy of the previous report of the presentence investigation or a copy of the report of the general investigation, as appropriate, to be delivered to the director of the department of prisons in the manner provided pursuant to subsection 1.
Sec. 9. NRS 176.335 is hereby amended to read as follows:
2. When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment and a copy of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.
3. The term of imprisonment designated in the judgment must begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy must be filed with the county clerk. The return must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
Sec. 10. NRS 176A.100 is hereby amended to read as follows:
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:
(1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;
(2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or
(3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.
If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
2. In determining whether to [place] grant probation to a person , [on probation,] the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation[.] to a person.
4. If the court determines that a [defendant] person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176A.440.
5. [The court shall not, except] Except as otherwise provided in this subsection, [grant probation to] if a person is convicted of a felony and the division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives [a written] the report of the presentence investigation from the chief parole and probation officer. The chief parole and probation officer shall submit [a written] the report of the presentence investigation to the court not later than 45 days [following] after receiving a request for a [probation] presentence investigation from the county clerk . [, but if a] If the report of the presentence investigation is not submitted by the chief parole and probation officer within 45 days , the [district judge] court may grant probation without the [written] report.
6. If the court determines that a [defendant] person is otherwise eligible for probation, the court shall , when determining the conditions of that probation , consider the imposition of such conditions as would facilitate timely payments by the [defendant] person of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 11. NRS 432B.290 is hereby amended to read as follows:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;
(k) A team organized for the protection of a child pursuant to NRS 432B.350;
(l) A team organized pursuant to NRS 432B.405 to review the death of a child;
(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;
(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court[;] or pursuant to section 3 of this act in making a general investigation and report; or
(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.
2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:
(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and
(c) Such other information authorized for disclosure by a court pursuant to subsection 4.
3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.
4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.
5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
6. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135[,] or making a general investigation and report pursuant to section 3 of this act,
who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
7. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 12. NRS 432B.290 is hereby amended to read as follows:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to NRS 432B.350;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; or
(o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court[.] or pursuant to section 3 of this act in making a general investigation and report.
2. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
3. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135[,] or making a general investigation and report pursuant to section 3 of this act,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
4. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 13. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 14. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.
Sec. 15. 1. This section and sections 1 to 11, inclusive, and 13 and 14 of this act become effective on October 1, 1999.
2. Section 11 of this act expires by limitation on June 30, 2001.
3. Section 12 of this act becomes effective on July 1, 2001.”.
Amend the title of the bill, third line, after “probation;” by inserting: “revising the provisions relating to presentence investigations and reports;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to category E felonies and presentence investigations and reports. (BDR 15‑231)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 288.
Amend section 1, pages 1 and 2, by deleting lines 9 through 19 on page 1 and lines 1 through 5 on page 2, and inserting:
“3. For the purposes of this section, an activity shall be deemed to be “forced” if initiation into or affiliation with a student organization, academic association or athletic team is directly or indirectly conditioned upon participation in the activity.
4. As used in this section, “hazing” means an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school, college or university in this state. The term:
(a) Includes, without limitation, any physical brutality or brutal treatment, including, without limitation, whipping, beating, branding, forced calisthenics, exposure to the elements or forced consumption of food, liquor, drugs or other substances.
(b) Does not include any athletic, curricular, extracurricular or quasi-military practice, conditioning or competition that is sponsored or approved by the high school, college or university.”.
Amend the title of the bill, first line, after “at” by inserting “high schools,”.
Amend the summary of the bill, after “at” by inserting “high schools,”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 351.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 197.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:
If a short-term lessor of passenger vehicles licensed pursuant to NRS 482.363 holds a limited agent’s license issued pursuant to NRS 683A.260, an employee of the short-term lessor may engage in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 without a license issued pursuant to this chapter, if the solicitation and sale of such insurance is done on behalf of, and under the supervision of, the short-term lessor.
Sec. 2. NRS 683A.100 is hereby amended to read as follows:
1. Salaried employees rendering solely clerical and administrative services in the office of the employer.
2. Salaried administrative and clerical employees of agents and brokers performing any functions in the office and under the supervision of the employer and receiving no commissions.
3. Salaried employees of insurers, or of organizations employed by insurers, engaged in inspecting, rating or classifying risks, or in general supervision of agents, and not in the solicitation or writing of insurance.
4. Officers of insurers or of an association of insurers engaged in the performance of their usual and customary executive duties, exclusive of field solicitation of insurance other than rendering assistance to or on behalf of a licensed agent but receiving no commission or other compensation directly dependent upon the amount of business transacted.
5. Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:
(a) Such persons receive no commissions directly or indirectly on such insurance; and
(b) Such persons or their employers have an insurable interest in the risk evidenced by the certificate or declaration.
6. Persons who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.
7. Service representatives.
8. Employees of a short-term lessor of passenger vehicles who engage solely in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 in accordance with section 1 of this act.”.
Amend section 1, page 2, by deleting lines 36 and 37 and inserting: “licensed pursuant to NRS 482.363 whose insurance activities are limited to the”.
Amend section 1, page 2, by deleting line 39 and inserting: “482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.”.
Amend sec. 2, page 3, by deleting lines 9 and 10 and inserting: “NRS 482.363 whose insurance activities are limited to the solicitation and sale of”.
Amend sec. 2, page 3, line 11, by deleting “482.3158.” and inserting: “482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.”.
Amend the title of the bill to read as follows:
“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 who conducts certain limited insurance activities; providing an exemption from examination for applicants for such limited licenses; authorizing employees of such a short-term lessor to conduct without a license certain limited insurance activities within the scope of the limited license held by the short-term lessor; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 357.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 192.
Amend sec. 3, page 1, by deleting lines 7 through 12 and inserting:
“Sec. 3. “Athletic injury” means an injury that a person sustains as a result of his participation in:
1. An athletic program conducted by a high school, college, university or professional sports team; or
2. A program for the performing arts conducted by a high school, college or university.”.
Amend sec. 5, page 1, by deleting sec. 5 and inserting:
“Sec. 5. (Deleted by amendment.)”.
Amend sec. 9, page 2, line 16, by deleting the comma.
Amend sec. 9, page 2, by deleting line 17 and inserting: “or the use of X‑rays,”.
Amend sec. 10, page 2, by deleting sec. 10 and inserting:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 13, page 3, after line 5, by inserting:
“5. A student enrolled in a program of athletic training approved by the board during his clinical training if the training is conducted under the supervision of an athletic trainer who is immediately available in the area where the student is working to provide aid, direction and instruction to the student.”.
Amend sec. 14, page 3, by deleting lines 7 through 12 and inserting:
“2. The governor shall appoint to the board:
(a) Four members who:
(1) Are licensed as athletic trainers pursuant to the provisions of this chapter; and
(2) Have engaged in the practice of athletic training or taught or conducted research concerning the practice of athletic training for the 5 years immediately preceding their appointments; and
(b) One member who is a representative of the general public.”.
Amend sec. 18, page 4, by deleting lines 21 through 25 and inserting:
“2. The standards of practice for athletic trainers; and
3. The requirements for continuing education for the renewal of a license of an athletic trainer. The requirements must be at least as stringent as the requirements for continuing education for the renewal”.
Amend sec. 23, page 5, by deleting lines 27 and 28 and inserting: “unless he has been issued a license as an athletic trainer by the board pursuant to the provisions of this chapter.”.
Amend sec. 24, page 6, by deleting line 12 and inserting:
“2. The board shall not approve a course of study described in paragraph (c) of subsection 1 unless the course of study includes, without limitation, training relating to:
(a) The prevention, recognition, evaluation, management, treatment, disposition and rehabilitation of athletic injuries and illnesses;
(b) The education and counseling of athletes concerning athletic injuries and illnesses; and
(c) The organization and administration of medical records and training facilities.
3. An applicant who submits proof of his current certification as an”.
Amend sec. 24, page 6, line 16, by deleting “3.” and inserting “4.”.
Amend sec. 25, page 6, by deleting sec. 25 and inserting:
“Sec. 25. (Deleted by amendment.)”.
Amend sec. 30, page 8, by deleting sec. 30 and inserting:
“Sec. 30. (Deleted by amendment.)”.
Amend sec. 33, page 9, by deleting line 1 and inserting:
“Sec. 33. 1. Each license to engage”.
Amend sec. 33, page 9, by deleting lines 26 and 27 and inserting:
“(b) Engage in the practice of athletic training for a period prescribed by the board under the supervision of a person designated by the board who is immediately available in the area where the applicant is working to provide aid, direction and instruction to the applicant.”.
Amend sec. 34, page 9, by deleting line 31.
Amend sec. 34, page 9, line 32, by deleting “4.” and inserting “3.”.
Amend sec. 34, page 9, line 33, by deleting “5.” and inserting “4.”.
Amend sec. 34, page 9, by deleting line 34.
Amend sec. 34, page 9, line 35, by deleting “7.” and inserting “5.”.
Amend sec. 34, page 9, line 36, by deleting “8.” and inserting “6.”.
Amend sec. 34, page 9, line 37, by deleting “9.” and inserting “7.”.
Amend the bill as a whole by deleting sections 47 and 48 and inserting:
“Secs. 47 and 48. (Deleted by amendment.)”.
Amend sec. 50, page 19, by deleting line 10 and inserting:
“Sec. 33. 1. Each license to”.
Amend sec. 50, page 19, by deleting lines 35 through 37 and inserting:
“(b) Engage in the practice of athletic training for a period prescribed by the board under the supervision of a person designated by the board who is immediately available in the area where the applicant is working to provide aid, direction and instruction to the applicant.”.
Amend sec. 51, page 19, line 40, by deleting: “or an intern athletic trainer”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 375.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 181.
Amend sec. 2, page 3, by deleting lines 4 through 11 and inserting:
“[4.]
5. “Trade secret”
means information, including , without limitation, a formula,
pattern, compilation, program, device, method, technique [or process,]
, product, system, process, design, prototype, procedure or code
that:
(a) Derives independent economic value, [present] actual or”.
Amend sec. 2, page
3, line 15, by deleting “[(b)] (2)” and inserting “(b)”.
Amend sec. 2, page 3, by deleting lines 17 through 22.
Amend sec. 4, page 4, line 6, after “reckless” by inserting “misappropriation or”.
Amend sec. 5, page 4, by deleting lines 11 through 39 and inserting:
“600A.070 In [an action under this
chapter,]
any civil or criminal action, the court shall preserve
the secrecy of an alleged trade secret by reasonable means, which may include [granting]
, without limitation:
1. Granting protective orders in connection with discovery proceedings [,
holding] ;
2. Holding hearings in camera [, sealing] ;
3. Sealing
the records of the action [, and ordering] ;
4. Determining the need for any information related to the trade secret before allowing discovery;
5. Allowing the owner of the trade secret to obtain a signed agreement of confidentiality from any party who obtains knowledge of the trade secret;
6. Ordering a person who obtains knowledge of the trade secret to return to the owner of the trade secret any writing which reflects or contains the trade secret; and
7. Ordering any person involved in the litigation not to disclose an alleged trade secret without previous court approval.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 382.
Bill read second time and ordered to third reading.
Senate Bill No. 395.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 234.
Amend the bill as a whole by renumbering section 1 as sec. 3 and sections 2 and 3 as sections 1 and 2.
Amend section 1, pages 1 and 2, by deleting lines 11 through 18 on page 1 and lines 1 through 9 on page 2, and inserting:
“2. If a prisoner is applying for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime are reasonably available, a representative sample of such photographs must be included with the information submitted to the board at the meeting. As used in this subsection, “photograph” includes any video, digital or other photographic image.”.
Amend section 1, page 2, line 10, by deleting “4.” and inserting “3.”.
Amend section 1, page 2, line 13, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, line 27, by deleting “6.” and inserting “5.”.
Amend section 1, page 2, line 29, by deleting “7.” and inserting “6.”.
Amend section 1, page 2, line 31, by deleting “8.” and inserting “7.”.
Amend section 1, page 2, line 32, by deleting “5,” and inserting “4,”.
Amend section 1, page 2, line 34, by deleting “9.” and inserting “8.”.
Amend section 1, page 2, line 37, by deleting “10.” and inserting “9.”.
Amend sec. 2, page 3, line 13, by deleting “5” and inserting “4”.
Amend sec. 2, page 3, line 18, by deleting “5” and inserting “4”.
Amend sec. 3, page 5, line 18, by deleting “5” and inserting “4”.
Amend sec. 3, page 5, line 26, by deleting “5” and inserting “4”.
Amend the title of the bill to read as follows:
“AN ACT relating to parole; requiring under certain circumstances that certain photographs 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 the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 396.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 289.
Amend sec. 3, page 2, by deleting lines 6 through 13 and inserting:
(a) Beat, harass or intimidate a guide dog, hearing dog, helping dog or other service animal.
(b) Interfere with a guide dog, hearing dog, helping dog or other service animal.
2. Any person who violates [subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.] :
(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a misdemeanor.”.
Amend sec. 4, page 2, by deleting lines 19 and 20 and inserting:
“[3.] (c) Harasses a wild horse or , except as otherwise provided in subsection 2, kills a wild horse;”.
Amend sec. 5, pages 2 and 3, by deleting lines 35 through 43 on page 2 and lines 1 through 17 on page 3 and inserting:
“1. A person shall not willfully and maliciously:
(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or
(c) Torture, mutilate, injure, poison, disable or kill a police animal.
2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (c) of subsection 1 is guilty of:
(1) If the police animal is not totally disabled or killed, a gross misdemeanor.
(2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.
3. The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.”.
Amend sec. 8, pages 4 and 5, by deleting lines 36 through 42 on page 4 and lines 1 through 16 on page 5 and inserting:
1. Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any]
1. A person shall not:
(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another;
[2. Deprives any]
(b) Deprive an animal of necessary sustenance, food or drink, or [neglects or refuses] neglect or refuse to furnish it such sustenance or drink;
[3. Causes, procures or permits any]
(c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;
[4. Willfully sets on foot, instigates, engages]
(d) Instigate, engage in, or in any way [furthers] further an act of cruelty to any animal, or any act tending to produce such cruelty; or
[5. Abandons]
(e) Abandon an animal in circumstances other than those prohibited in NRS 574.110 . [,
is guilty of a misdemeanor.]
2. A person who violates subsection 1:”.
Amend sec. 9, pages 6 and 7, by deleting lines 9 through 39 on page 6 and lines 1 through 3 on page 7 and inserting:
“651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal . [;]
(b) Refuse admittance or service to a person training such an animal . [;]
(c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public . [; or]
(d) Refuse admittance or service to a person because he is accompanied by a police dog.
(e) Charge an additional fee for such an animal.
2. A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs , [or] school for helping dogs[.] or other school that is approved by the rehabilitation division of the department of employment, training and rehabilitation to train a service animal to provide a specialized service to a handicapped person.
3. A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve [a] :
(a) A person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.
(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
7. For the
purposes of this section [, the] :
(a) The terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
(b) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.”.
Amend the title of the bill by deleting the third line and inserting: “the definition of a service animal; providing penalties; prohibiting a place of public accommodation from refusing admission or service to a person who is accompanied by a police dog; and providing other matters”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 400.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 290.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“WHEREAS, NRS 175.211 currently provides for an instruction to the jury that defines and explains reasonable doubt in criminal actions; and
WHEREAS, The supreme court of Nevada has repeatedly held that the instruction contained in NRS 175.211 is constitutional in its current form; and
WHEREAS, The Nevada legislature continues to believe that the instruction contained in NRS 175.211 is constitutional in its current form and that the instruction does not need to be revised based upon any principles of constitutional law; and
WHEREAS, The Nevada legislature declares that the provisions of this bill must not be construed to support a finding that the instruction contained in NRS 175.211 is unconstitutional in its current form; and
WHEREAS, The Nevada legislature continues to believe that the instruction contained in NRS 175.211 adequately defines and explains reasonable doubt in criminal actions; and
WHEREAS, The Nevada legislature recognizes, however, that the instruction contained in NRS 175.211 is based upon statutory language that was drafted in 1889; and
WHEREAS, Members of the judiciary and the State Bar of Nevada have encouraged the use of more contemporary language in the instruction contained in NRS 175.211; and
WHEREAS, The supreme court of Nevada, in Bollinger v. State, 111 Nev. 1110, 1115 n.2 (1995), encouraged the Nevada legislature to adopt the definition and explanation of reasonable doubt endorsed by the Federal Judicial Center; and
WHEREAS, In a concurring opinion in Victor v. Nebraska, 511 U.S. 1, 27 (1994), Justice Ginsburg of the United States Supreme Court opined that the instruction endorsed by the Federal Judicial Center stated “the reasonable doubt standard succinctly and comprehensibly”; and
WHEREAS, The Nevada legislature believes that the use of more contemporary language in the instruction contained in NRS 175.211 would further enhance the administration of justice in this state; now, therefore,”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 421.
Bill read second time and ordered to third reading.
Senate Bill No. 452.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 294.
Amend sec. 12, page 3, line 30, by deleting “agent” and inserting “broker”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 465.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 252.
Amend sec. 15, page 6, line 26, after “Is” by inserting “acting”.
Amend sec. 15, page 7, line 7, after “state and” by inserting “is”.
Amend sec. 16, page 7, line 33, by deleting “or 673”and inserting: “[or] 673 or 677”.
Amend sec. 18, page 8, line 7, after “incorporation” by inserting: “or articles of organization”.
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 498.
Bill read second time and ordered to third reading.
Senate Bill No. 499.
Bill read second time and ordered to third reading.
Senate Bill No. 514.
Bill read second time and ordered to third reading.
Senate Bill No. 531.
Bill read second time and ordered to third reading.
Assembly Bill No. 58.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 199.
Amend sec. 3, page 1, line 12, by deleting “the licensed ” and inserting “any”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Senate Bill No. 285 be taken from the Secretary’s desk and placed on the bottom of the General File.
Remarks by Senator James.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 291.
Bill read third time.
Remarks by Senator Jacobsen.
Roll call on Senate Bill No. 291:
Yeas—21.
Nays—None.
Senate Bill No. 291 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 352.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 352:
Yeas—21.
Nays—None.
Senate Bill No. 352 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 339.
Bill read third time.
Remarks by Senators Jacobsen and Neal.
Roll call on Senate Bill No. 339:
Yeas—21.
Nays—None.
Senate Bill No. 339 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 285.
Bill read third time.
The following amendment was proposed by Senators Coffin, Care, Carlton, Mathews, Neal, Schneider, Shaffer, Titus and Wiener:
Amendment No. 231.
Amend section 1, page 2, line 1, by deleting “and”.
Amend section 1, page 2, between lines 2 and 3, by inserting:
“(8) “Common Sense,” by Thomas Paine;
(9) The Mayflower Compact of 1620;
(10) The following decisions of the United States Supreme Court:
(I) Marbury v. Madison, 5 U.S. 137 (1803);
(II) Scott v. Sandford, 60 U.S. 393 (1856);
(III) Plessy v. Ferguson, 163 U.S. 537 (1896);
(IV) Korematsu v. United States, 323 U.S. 214 (1944);
(V) Ex parte Mitsuye Endo, 323 U.S. 283 (1944); and
(VI) Brown v. Board of Education, 347 U.S. 483 (1954);
(11) The Declaration of Sentiments from the Seneca Falls Convention of 1848;
(12) The Treaty of Guadalupe Hidalgo, 1848;
(13) The Ruby Valley Treaty of 1863;
(14) Dwight Eisenhower’s Farewell Address to the Nation on January 17, 1961;
(15) The Letter from the Birmingham Jail written by Martin Luther King, Jr., on April 16, 1963;
(16) The “I Have a Dream” speech delivered by Martin Luther King, Jr., on August 28, 1963;
(17) The Civil Rights Act of 1964; and
(18) The Voting Rights Act of 1965;”.
Senator Coffin moved the adoption of the amendment.
Remarks by Senators Coffin, Neal, O’Donnell, James and Rawson.
Senator Coffin requested that the following remarks be entered in the Journal.
Senator Coffin:
The purpose of Amendment No. 231 to Senate Bill No. 285 is a really brief and understandable amendment by the members on the floor. It enumerates a list of very important documents in our history, many of which predate or are the progenitors of many of the items in the bill. For that reason they are essential to make the bill a reasonable piece of legislation because if we are going to tell, by statute, the teachers of the State of Nevada important things that they should teach, then we do not want the curriculum to, by purpose of elimination, eliminate items which were essential to the creation of these very documents which are mentioned in the bill. That is why the amendment is here. Common Sense by Thomas Paine is called the writing that sparked the American Revolution. This was written in February, 1776. He went on to write the Rights of Man and the Age of Reason. His immediate Declaration of Independence, he called it, and put it in writing, and thereby put his head in a noose, is an important document. Even before this, 150 years earlier, the Mayflower Compact of 1620, is the first example of self-government in America. The people who came over on the Mayflower had in mind escaping oppression of the King and in so doing said we shall govern ourselves. I think that Marbury v. Madison as a decision of the Supreme Court, and we have cited several, is essential to understanding why we have three equal branches of government. That established, as the sponsor of this bill well knows, the right of judicial review by the third branch of government to which we today are subject in our chambers almost 200 years later.
Many of these other decisions are decisions of the Supreme Court which other members will speak to, but I felt that it was important to talk about the earliest of all first.
Senator Neal:
Madam President, I rise in support of the amendment to this bill. If we are going to talk about government and the origin of government, then we need to understand those issues that evolve in the development of this government. As one whose ancestors were left out of the original constitution and was not included until the 13, 14 and 15 amendments in the 1860s, I am very much concerned as to how government is taught in this country. I am also very much concerned about issues involving our constitutional process and our values of democracy. The amendment proposal talks about Scott v. Sanford. I know that as the Dred-Scott case which, in essence, sanctioned slavery. The Plessus v. Ferguson who took that same case and turned it on its head by the same constitution using the egalitarian principle that established therein to say that separate but equal facilities were okay. Also, following that, as you notice that in the Brown v. Board of Education of Topeka, Kansas, utilizing that same egalitarian principle established in the constitution the doctrine that says if separate, it cannot be equal. We all know what that brought about in this country, demonstrations in 1954, the signs “Impeach Earl Warren,” a Republican who had gotten a unanimous court to overturn the Plessus v. Ferguson’s case. Also, you notice, Korematsu v. United States ex parte Mitsuye Endo which are all cases that involve this country’s policy of internment of Japanese during World War II. We all read just a few years ago how the country has to repay reparations for that internment. These are all important, to the understanding of our history. The Treaty of Ruby Valley is still with us today in terms of legal battles being fought with the Bureau of Land Management (BLM) over Indian grazing rights. Also the prominent Republican Dwight Eisenhower’s farewell address in which he warned of the military-industrial complex. Martin Luther King’s letters from the Birmingham jail which expressed in no uncertain terms the devastating effect of a society and a country that allowed itself to become segregated, and of course, the “I Have a Dream” speech which is recited almost every year by school children and adults alike who talked about this dream and a new society for this country. Of course, the Civil Rights Act of 1964 which was won by demonstrations. People died because the voting rights were denied to black people in the south and other border states.
The Voter’s Rights Act which was passed, created opportunities for blacks to vote, and I, myself, who lived in Louisiana went into the service without having this right. It was not until the second year that I was permitted to vote. Of course, that took place here in the State of Nevada. In my own birthplace, that right was denied to me up until 1963. This right was secured by the Voter’s Rights Act two years later. In order to understand the country and its growth, its societal conflict, we cannot take a peripheral view of the subject of history. By just placing into law certain things that we feel as an individual that must be taught would do a disservice because a lot of us, and I would daresay that even each of us, come to this house with our own frame of reference of things of historical nature. The way that we live, our own contacts and our own understanding of our history as it relates to us would no doubt find its way into statute.
Sometimes when we want to put those things into statute to be taught, we would often forget, and I would daresay that even in this amendment, one important thing and that is the Preamble to the Constitution which sets out the reason for our national government. “We, the People of the United States In Order to Form a More Perfect Union, Establish Justice, Ensure Domestic Tranquility, Provide for the Common Defense” and the other one we don’t like to talk about “Promote the General Welfare and Secure the Blessings and Liberties to Ourselves and Our Posterity do Ordain and Establish the Constitution of the United States of America.” That, I think is one of the most important concepts in this government that needs to be understood because as one gentleman answered the question that was proposed to him some years ago in this house in one of our committee meetings, “What is the purpose of government?” He said the purpose of government is as broad as the leaves on a tree. I told the gentleman, if you think that, you had better go back and read the Preamble to the Constitution. But just think that if that person was making the decisions for the State, he is subject to violate the dictates of our Constitution. After saying that, Madam President, I would also like to say that is why it is important that we have government teachers who can select those things that are necessary to promote the well-being of society. That is why we have such renowned political individuals such as James McGregor Burns whose books on government are read by major universities in schools and junior colleges all over this country. He spent a considerable amount of time selecting those subjects that are needed for students to understand what government is about. Now, we are taking one legislative session to determine what should be taught. This amendment tells us that there are other things that should be considered if we are going to start writing into statute that which is necessary for our students to know because in the process of decision making, it depends upon ones own frame of reference, where he came from, who he went to school with, how he perceives himself in society.
As a lot of you know, I do not spend a lot of time with my feet under your table discussing government. We only talk about that when we come to this house where I have an opportunity to stand up and tell you what I feel. A lot of you know that I don’t get the invitations to join your little club meetings where we can decide just what is best for society. It is in this house where I am able to participate and as such, Madam President, that is why I rise to support this amendment even though it goes against the grain of what I feel personally. I’m trying to make the Senate understand that there is more to government than those concepts we get at our group meetings from the conservative union or that we read in the newspapers as to what government should be about. We have to understand that we operate in an atmosphere of “affirmed decisions” by a Supreme Court who could very well put my black attitude back into slavery. I realize that I make some stinging comments on this floor and that a lot of you would like to see me on the first truck out of here. I happen to enjoy my presence here and enjoy my constitutional right to participate. I have no qualms as to letting you understand what my feelings are as to putting something into statute what you think that our children should be taught. I say we should leave all of this to those teachers who have studied these courses and let them decide. That is why we pay them to be teachers and instructors. Aside from my legislative function, I spend a little bit of time teaching government, Constitutional Democracy, at our community college in my district. Not for the pay that they give me because the pay is nothing and if I had to live off of it, I could not. I just do that because it allows me to share some of my experience and some of my understanding about government. I give a different perspective on government as to how it should be. This is my area of expertise in which I have been trained. I don’t know what is going to happen to this amendment. I would vote for it because I think it contains some good things although not all of the courses that I would like to see involved are here. I would rather leave this to teachers such as James McGregor Burns who is an authority in this area of government who writes books and tell the world what our democracy is about. You know, Madam President, in closing, let me just say one thing, if you ask anybody from the audience, from this body, what are the values and process of a democracy, see how many could probably answer the question. I can see one person that could probably answer the questions here. But we don’t talk about that, and we do not talk about the process, the values of the democracy and that is essential to the operation of government along with the founding doctrine of the Constitution that supports the process and values of democracy. I know we would like to have it on our political resume that we support these courses. But I think we are headed in the wrong direction by putting this in statute that these are the things that should be taught. With that, I close my remarks. I would vote for this amendment, and if it loses, I would vote against the bill.
Senator O’Donnell:
Thank you, Madam President. I appreciate the remarks made by my colleague from North Las Vegas. However, it is important to note that there are a lot of ethnic type people out there who were disenfranchised by America. Nowhere in this amendment does it talk about the Irish people who came to these United States and landed in Louisiana. The Irish were located in communes just outside of New Orleans. The plantation owners would not allow the slave to do the work that the Irish were doing because if an Irishman lost his leg or arm or got killed, you could always get another Irishman. You could not always get another slave because a slave had more value than an Irishman who spoke only Gaelic in 1848. We were starving. There was no food for us to eat, and we would do just about anything to survive. Then we got the plague. It was called the Irish plague, and we were kicked out of New Orleans. We took a boat up to Boston Harbor and most of our kin landed in Boston and began our Irish heritage in south Boston where we became dock workers and laborers. Nowhere in this amendment is that information. Nowhere in here is that historical knowledge. Nowhere in this amendment is the requirement that these children be taught this history.
Yet, we are singling out one segment of society that we have to teach our children about, and I just frankly think that is flat out wrong. We are all Americans. We all have our heritage. We all have our dark side, but it is not fair; it is not fair to single one group of people out over another. That is not what the Statue of Liberty is all about. Bring me your tired, your poor and in our case, the hungry. With that, I would have to oppose this amendment because there is nothing in here for my ethnic origin, yet it singles out another for classroom instruction.
Senator James:
Thank you, Madam President. I rise in opposition to the amendment. I certainly don’t rise in opposition to a lot of the things that are in the amendment or the remarks that were said in association with them by the sponsors of the amendment. It is the sort of thing that it is nice to make an amendment like this and then to say that if they voted against it, then to say that they voted against it because of all the stuff that is in the amendment. That is not the case.
A vote against this amendment should not ever, ever, be interpreted as voting against our youth understanding and having a grasp of many of the principles, ideally all the principles in the documents that are set forth in this amendment. I heard two things in proposing this amendment and from the two Senators who spoke for it. I heard that there are all these great things that were not included in the list and we have to have those in the list. That is the first thing that I heard. The second thing I heard was, we should not have a list. Wait a minute. Are we supposed to have a list but it should be longer, or we should not have a list at all? I heard an inconsistent argument there. But I think the most important thing to remember is that there is already a list. The statute contains a list right now that was enacted by this Legislature and probably one or more of the speakers in favor of the amendment voted for that list. I do not know when it was adopted. I am just suspecting that. It said you have to teach the essentials of the Constitution of the United States and, by the way, the Preamble is part of the Constitution. That is already required to be taught in school. I memorized it when I was a kid too. We have a list that says you have to teach the essentials of the Constitution of the United States and the State of Nevada. All I did was look at this and say that in today’s day and age when the biggest enemy that we have of our freedom in this country is apathy; when the kids can tell you better what the lyrics are of a rap song than they can quote you the Preamble of the Constitution; I thought, what a good time to bring this up. If I have accomplished nothing, if the amendment passes and the bill ultimately fails which would be the effect of the amendment, at least I have gotten this debate going on this floor. On this floor, we always talk about this or that licensing profession and all these things, and yes, these things are all really important and are the business of the State. We hardly ever get back to just talking about why we are here and freedom and what that means to live in this country. What the introduction of this bill has done is to get us debating about it, and there are editorials in newspapers around the State talking about, should we teach this or should we teach that? We are at least talking about it. Maybe some of the kids―when the bill was first up, there were a whole bunch of kids up in the gallery and I was very excited when I walked in the chambers. I thought, oh boy, today we are going to have a debate on the floor that is not just about some obscure legislation that is too long to understand. It is going to be about the Constitution and about liberty and about freedom and about why we are here. Those kids will get to hear that and say “that is pretty neat. I went to the Nevada Legislature today and we heard them talking about the Constitution and the Emancipation Proclamation and the Declaration of Independence and the Federalist Papers. What are those?” I want to see what those are. But it did not happen because the amendment came up at the last second and the bill was tabled. Here we are today, and hopefully, some are listening on the Internet and will hear about this. If the sponsors of the amendment are concerned about how government is taught in schools as they said and they really think these things are so important, then why does their idea come in the form of an amendment to my bill? If they thought it was such an important thing that these kids be taught all these things about all these different documents and the heritage of the country and how the Constitution is interpreted and these landmark Supreme Court decisions, then where is their bill? They have served here longer than I. Why didn’t they do it before I got here? Then I would not have had to do this bill. This comes in the form of a last minute amendment sponsored by one party, the first partisan vote in this Legislature. The first partisan thing that has happened on this floor. I wonder why. Someone referred to the documents that we chose here as a peripheral view of government. The Declaration of Independence, the Constitution of the United States, the Bill of Rights, the Emancipation Proclamation, the Gettysburg Address and George Washington’s Farewell Address, this is the periphery of our government. This is what it is all about. Look at the list, please. Just look at the list if you have it. Almost everything on that list in the amendment is either an interpretation of or a derivative of the documents that are listed in the bill. Take the Declaration from Seneca Falls which is a manifesto of the Feminist Movement, a very articulate and moving manifesto by the way, which is written purposely to be exactly like the Declaration of Independence, “when in the course of human events,” it becomes necessary for one group of citizens to tell another group of citizens that they have been trampling on their rights. They incorporated that in and made it a Feminist Manifesto. It is the Declaration of Independence that was written first and enshrined those principles and those women said, we are not getting the benefit of that and that is why we have this document. These decisions, a lot of them are important, yes, some of them have ignominious distinction. Plessy v. Ferguson―Separate but Equal, yes, you should learn that, but I hope it is not a principle that will come back. Plessy v. Ferguson is exactly what is happening right today in Kosovo. Go away and be equal somewhere else. The Dred-Scott Decision was one of the main causes of the Civil War, an infamous decision. Brown v. the Board of Education overruled all that and interpreted the Constitution of the United States and said that the 14th Amendment and the privileges and immunities clause takes all of these things out of the Bill of Rights and applies them to all citizens regardless of race, religion or any other thing. It interpreted the Constitution which is in the bill. Could you look at the bill, anybody who supports the amendment? On line 4 are very important words, and I did not put them in there. This is not part of my bill, this is part of the statute right now. It says, “including but not limited to.” Nobody is saying that you can’t teach all this stuff or that you shouldn’t. We are just saying that this is a list of things in addition to the two that we already have there that are so important that they need to be emphasized, and we need to stir this debate and make sure that we have made a statement from this Legislature. Now, in this Legislature, recently, we have gotten away from doing that and I understand that, and we shouldn’t micromanage the schools or tell them you have to teach old math or new math or reading through phonics as opposed to some other kind of instruction in reading, the traditional method of teaching reading. We should not do that. But nobody ever died for phonics or the new math versus old math. They did die for everyone of the other documents that are in here. What we are doing with this bill is saying yes, we are going to let the educators and the professional educators come up with the curriculum and use the curriculum committee to decide how we teach in school and to set forth educational standards. But we as a Legislature still have the ultimate responsibility, the sacred responsibility to educate the children of this State, and we want to make a statement in this, sometimes apathetic society, about our government when the voting turnout drops, it seems like, every year. Fewer and fewer people exercise their sacred franchise to vote. We are going to say, let us get back to basics of this government and make sure kids are looking at that as well. It says, “but not limited to;” that is you can teach anything else if you want. Let’s at least teach these things.
How did I choose this list? There are three ways that I chose it. First of all, I saw other states that had tried to adopt this very list, including California. That was easy. Then I looked at it a little closer. There are two times in the history of this country when this country was formed or was reformed after dissolution. Everyone of the documents on this list has to do with that―the initial formation of this country and the Declaration of Independence to the adoption of the Constitution after the Articles of Confederation, failed and second, the only time in history when we lost our union and had to reform our union. That is what the basics are and why we are here today. The third way I chose it, I picked up this, there are the questions you have to answer when you get inducted into this country as a citizen, if you are a naturalized citizen. Some examples: What is the Bill of Rights? Who becomes president of the United States if the president and the vice president should die? Who was the main writer of the Declaration of Independence? What is the basic belief of the Declaration of Independence? What amendment does freedom of speech come from? What did the Emancipation Proclamation do? Name three rights or freedoms guaranteed by the Bill of Rights. Who has the power to declare war? What year was the Constitution written? Whose rights are guaranteed by the Constitution and the Bill of Rights?” Those are basic questions you have to answer to become a citizen, or if you were not born here and came from somewhere else and have to be naturalized, you have to answer those basic questions. That is what the things that are in this bill deal with, those basic questions. I think our high school kids ought to go out of high school being able to answer the same questions that a naturalized citizen has to answer. I know because I went down when Judge George invited me two years ago, and I gave the speech to those people, a wonderful group. There were new citizens from all over the world, all kinds of different cultures and backgrounds. There were tears in most of their eyes. They had all been through this process. They were so proud of their citizenship. I thought when I introduced this bill, boy, maybe that will instill that kind of pride in some of our kids in school especially when they hear about this debate.
Vote against the amendment. The amendment takes something that can be a list that can make a statement by the Legislature and makes it into something that is so long that the bill will die under its own weight. Why did you include all those things? If you want to get into this (and I have great respect for the Senator who spoke just before me). There are many more things that are not included there: Magna Carta, the Virginia Bill of Rights, the Articles of Confederation, Northwest Ordinance, the Jefferson Inaugural Address, the Monroe Doctrine, the Lincoln-Douglas Debates, the Homestead Act, the Lincoln Second Inaugural Address, Wilson’s 14 Points, Truman’s Four Point Program, Gulf of Tonkin Resolution, the Articles of Impeachment of Richard Nixon and President Reagan’s first State of the Union speech. Why did you include Dwight Eisenhower’s speech that was remarkable for the one quote “the military industrial complex” which is sort of a clarion call now for all kinds of conspiracy theory or something about the military industrial complex. Why not include Kennedy’s Inaugural Address which was given two days later, “ask not what your country can do for you,” that quote and the other one about “pay any price, bear any burden, pay any cost to secure the blessings of liberty.” That seems like a more remarkable speech. But if you get into that argument then the bill does die. That is the point. The point of the amendment, I believe is to show the bill should die because you can not make a list. Yes, you can make a list if you can make a list that is a statement by this Legislature that we have four or five basic documents but anything else can also be taught. I ask all of you, even my friends on the other side of the aisle whose names are on this amendment, some of them I talked to afterwards and did not even know that their names were going to be on an amendment, I ask all of you, vote for the bill by voting the amendment down. By voting the amendment down, and these remarks will be in the record, you are not voting against any of these things or these concepts or these principles including the Letter From the Birmingham Jail or the I Have a Dream speech. I have a copy of that tape, by the way. I probably listen to it once a year. But there is another one. When Martin Luther King was assassinated, Robert Kennedy gave an extemporaneous speech which is one of the most moving speeches. He did not write it out or anything, he just thought of it right there because they told him as he was going up to do a presidential campaign address and that Martin Luther King had just been assassinated. He had to make a speech up on the spot, and he did and gave it, and I have a copy of that tape. It is one of the most moving statements about let’s come together as a country and not have racial strife or racial tension or prejudice of anything. It is not on the list. But you cannot say that just because it is not on the list that we are not for it. Please vote against the amendment and support the bill.
Senator Rawson:
Thank you, Madam President. I would just like to make a clarification or two because we are considering other issues, and we should not look at just this amendment in light of the other issues that are being considered. I might say that in my 15 years in the Senate, the great days we have had in the Senate are those times when we have risen above partisan votes on issues like this. I would hope that we would do that in this case because this is an important issue.
If I may, Madam President, in explaining my opposition to this. I’d like to explain that we have another bill that we passed yesterday from Human Resources. It is Senate Bill No. 445 which is a bill that revises the course of study that has been passed by previous sessions of the Legislature. In the Committee on Human Resources and Facilities we had the administrator for the state board of education tell us that we have no right to dictate courses of study in this State. To which I responded by having a legal opinion, and I want everybody here to know in this great debate about who should be prescribing things in the schools that we have a Nevada Constitutional obligation to direct everything that goes on in education in this State. There is an Executive Branch and we have administrators and we have local boards and state boards and teachers and their obligation is to carry out the policy that we have a constitutional obligation to establish. It is our responsibility. The buck stops here. Senate Bill No. 445 tries to simplify this whole process and it takes a laundry list that is as long as your arm and your leg and it removes it. It uses this bill that is being presented as a preamble to four core subjects that must be taught in every school. Those core subjects are English, Mathematics, Science and Social Studies which includes several things. Then we have set up the law so that other subjects can be governed by the state board rules. They can add to and can change, and if we have a state board that feels strongly about a subject, they can add anything they want―including everything that is on the list of this amendment. I would just like to reiterate that there is a bigger scope here, and that we are trying to get to this issue of our constitutional responsibilities. We are trying to purify it, simplify it and then make it possible for the local boards to be able to administer in a reasonable way.
Senators Raggio, Jacobsen and Townsend moved the previous question.
Senators Coffin, Neal and Mathews requested a roll call vote on Senator Coffin’s motion.
Roll call on Senator Coffin’s motion:
Yeas—8.
Nays—Amodei, Jacobsen, James, McGinness, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Shaffer, Townsend, Washington—13.
Motion lost.
Remarks by Senators Neal, James and Coffin.
Senator James requested that the following remarks be entered in the Journal.
Senator Neal:
Yes, Madam President. I could not let this opportunity go by without saying something on this particular bill. Mainly, because of the question that has been raised on the amendment. The bill talks about, that in our public schools, the Caliente Youth Center and the Nevada Youth Training Center, instruction must be given in American Government including but not limited to the essentials of the Constitution and the history of the Constitution. This was the old language. But this bill is amending that. Apparently the old language is not enough, even though it has been said that the old language is sufficient to defeat the amendment.
My position is, and has been, that we must give our government teachers an opportunity to select these particular courses. When we talk about the Federalist papers, what are we talking about? We are talking about 85 papers―85. Only about three of those have anything to do with the Constitution and the principles contained therein today. Yet we said these papers must be taught. Wonder how much time is going to be left for the teachers to formulate a course of study to teach the math, the history and the other subjects that the Senator from Las Vegas has spoken about that is coming out in this new bill. They have to engage in teaching about the Declaration of Independence.
Now, let me tell you something. The Declaration of Independence is a good document. I love it because it says that if there is a long train of abuses that has been committed by government that the people have the right to overthrow that government. That is in the Declaration of Independence. And I think that it is appropriate, and it should be taught. Because if we ever go back beyond the Brown, the Ferguson and the Dred Scott cases, I want that there so I can utilize it, and the people I represent can utilize it. That is important.
The Gettysburg Address and the Emancipation Proclamation are good documents. Any history teacher and any government teacher always include those documents in their course of study. To put it into statute, you are inviting the argument as to what extent do they teach these courses. That is what will happen when you put this subject matter into law. Do they just make a passing reference to it? Do they get all of the documentation to justify the teaching of this material? Yes, they would have to. Because when you put it into law and say that it must be given―must―the course of study then must be given. You set every government teacher and history teacher up for a complaint to be filed against him or her that they are not doing it right. That is what we have allowed to be put into this particular statute. When we set out these courses in this particular fashion much of this surrounding these principles are not doctrine. But dictima, as the lawyers call it, does not go to the real principle. It becomes a discussion as to what somebody thinks.
Now, the argument has been made that this is needed to cure the apathy of our voters. Well, just the other day I thought I had a bill to cure the apathy of the voters. I brought forth the measure to this house to allow the voters to receive information about the candidates and their understanding of what they are running on, their pledges and their qualifications. But the prime sponsor of this bill moved it to the desk. Apparently, it did not fit into the category of this particular subject matter. The voters don’t need this type of information. They need to know about the Constitution; they don’t need to know about the candidates. They don’t need to know about their qualifications. They need why Jefferson put pen and paper to the Declaration of Independence. Why did that all come about? But this day and age we have a lot of people who don’t know anyone and people continue to move into the State to the tune of about 6,000 people a month. They should know about the Constitution, but not about the candidates because that bill resides on the desk; they will not.
I am talking about another bill in relationship to this particular subject and because this subject is wide ranging in terms of what it is attempting to do. Now, I understand, Madam President, some of the things I might say are very stinging, and you might not like it. But I have the right to stand up here and talk about the subject as long as I remain germane. If you want to rule me out as being not germane, then do that.
Okay. Madam President I could stand up here and read the Constitution to you if you permit that. Or I could read the Declaration of Independence. All of which I have in my breast pocket here. If you want me to be germane, we could do that.
But as I was saying, this is the wrong public policy, and if we wanted to do something to make a grand appeal to someone, let that be known. But don’t encumber the teachers of our schools with things that they cannot think for. You know. In fact to develop their course of study, to look at those documents and pick out what they think are valuable to the understanding of the students they are dealing with. That is where we are coming from. Not that we wanted all of this other information entered into the Constitution.
Of course, I have a good memory, Madam President, and notice that the young Senator strayed away from many subject areas on this and talked about a lot of things. Talked about the bills, whether there were amendments. I am talking about the bill. And I happen to think the bill is wrong. I happen to think the bill adds too much. I can agree with what Senator Rawson had mentioned about the course of mathematics. Those have very defined rules. They need to be taught. What rules do you have governing the Declaration of Independence? What rules do you have governing the Constitution? You are talking about court decisions; a firm decision made by a court. Unless you are able to keep up with those, you cannot adequately inform the people of this State about the Constitution. That was one of the great arguments in this country during the Lincoln and Douglas debate about slavery, affirmed decisions by the court―about the Constitution. The Dred Scott case was an affirmed decision.
What are we opening these teachers up to? We don’t know. But we do know that when we put it into statute, any parent can come forth and challenge that if they feel it is not being taught right. That is what we are doing. I happen to believe that is the wrong thing to do. There are other ways we can inform our students. Or is it because we so distrust our schools that we who congregate here every other year have to put things into policy of this particular nature for the schools to teach. I don’t even know where we are heading to with this. Because if we start putting this into the statutes, saying that you have to teach the Declaration of Independence, you have to teach the Constitution, you have to teach Lincoln’s Gettysburg Address. Pretty soon we are going to get to that area where we want to add mind control too. Control the minds of the people. That’s where it is heading. When you do not give the freedom to teachers who are trained to teach these subjects, to make these selections, we in the political sphere have to be responsible for the outcome.
I heard somebody talk about Slobodan Milosevic and what he has done in Kosovo. When we start dictating the course of study from a legislative point of view as to what we should do with the minds, the young minds of our people without leaving that to the teacher to make that determination, when the political heads start doing that, it is troubling, it’s troubling. But yet I can understand that when you think you got the power, when you think you have the power, you do what you think would achieve your will. And we are not going to be teaching the students about that. We are not going to be telling the students about that. One of the sad things about this is that when you look at this bill and look at the whole law, somebody thought they were doing the right thing when they put the old law in. Now we have come back and somebody in this session thinks we can change that. Well, what is going to happen in 2001, 2003 and 2005? Let another legislative body come in here with one Senator who thinks that they know what should be taught in our schools, are they going to change it then? Think about it. This is what you are doing. Creating an act of an educational nature to have no permanency, no permanency, whatsoever. And it is sad that we have to go down this road and it is sad we have this distrust of our teaching community that we have to dictate without any study whatsoever that these are the courses that needed to be taught. With no study whatsoever, no study. And we decide that this is the direction that we need to go. And it is sad that even that this bill is before us.
Senator James:
Thank you, Madam President. I certainly do not want to prolong the debate on this bill. It has been long enough. But if you have a shred of patience left, please, please, judge the credibility of the argument you just heard. The essential argument of which was, if we add these things to this bill, it’s going to be dictating to teachers too much, and we are going to expose teachers to complaints that these things weren’t taught. That argument came out of the mouth of a Senator who just proposed an amendment to add 17 things to this bill. Where is the credibility in that argument? How can you stand on this floor for, whatever purpose, whether it’s political or otherwise, and offer an amendment to add 17 things onto a list, then go down that list and say, in detail, how great those things are and how important they are and how the kids should learn them in school, and you want to put it in the law which is what you say when you ask for an amendment. Then stand up five minutes later and say, we can’t pass this bill because we don’t want to make a list and expose teachers to complaints that they didn’t teach something properly. Where is the credibility in that argument? Let’s judge it for what it is. I don’t want to go on anymore, but can I quote Abraham Lincoln into the record and then I’ll stop? He said something that is so important about the Constitution and I think it applies to all the documents that are included in Senate Bill No. 285. He said, “as the patriots of ’76 did to support the Declaration of Independence, so to support the Constitution, let every man pledge his life, his property, his sacred honor. Let reverence of the Constitution be breathed by every American mother to the lisping babe that praddles in her lap. Let it be taught in schools, in seminaries, and in colleges. Let it be written in primers, in spelling books and almanacs. Let it be preached from the pulpit, proclaimed in legislative halls.” Proclaimed in legislative halls. “Enforced in the courts of justice. In short, let the Constitution become the political religion of the nation.” That was a president who was trying to save this nation. If he hadn’t been born and did what he did, we probably wouldn’t be here today. We would have two countries or three, or something. That is all I want to do with the bill. Just give it to the kids. They can learn everything else, all the rest of the history will come to them. Just let them learn this. No one is going to be exposed to any liability or complaints. Just get into these. I take issue with the fact that the Federalist papers don’t include anything relevant. When the whole thing with President Clinton’s impeachment came up, I went and looked at this Federalists paper right here. I picked it up and looked at it. It was Federalist No. 65. It’s all about the impeachment power and why they chose the Senate to be the trier of the impeachment. It’s unbelievable. It talks about how this is going to be a purely political question instead of a legal question. All the things that the Democrats in Congress were saying that the Republicans were doing about how it is going to be a political question, and not a legal question. It was right in here in the book, in the Federalist papers. If the kids have an understanding of this, they don’t need to read all 85 and learn them all. It’s not what the bill says; it says the essentials. You can teach them. These were the arguments that were made by the federalists who wanted to adopt a federal constitutional government as opposed to a confederate government. And they were published in the New York Times, and there were arguments on every part of the Constitution, and they help you understand it. If there is a Constitutional question, you can pick it up and refer to it throughout your life as I have done with my dog-eared copy. They are not irrelevant. There’s not just two in there. Federalist No. 10 is my favorite, about the danger of faction and partisan behavior.
Senator Coffin:
Thank you, Madam President, for recognizing me on this historic political occasion. I rise to endorse politics and education at the same time. In fact the original bill was born out of politics and all the original items enumerated in this bill were borne out of political discourse and disagreement. When the skilled orator who occupies the senior seat in District 8 from Clark County, accuses the Democrats of politics because they support amendments to a bill born from the senior Senator’s mind, and he resents the amendment because it happens to come on a day when he has arranged for children to be here, and we think there may have been some omissions so the children can’t see that bill passed that day; that’s politics because somehow or another we planned to do it that day, and of course that’s not true. That’s one of the many straw men the senior Senator from District 8 set up and then knocked down in this debate.
For one: George Washington’s Farewell Address―I think it’s important to note that one of the reasons for the birth of the previously defeated amendment by the majority here was this minority member’s notice of the requirement that George Washington’s Farewell Address be included. I wonder how the father of our country stood that day. I wonder what he said. It’s before the time we had recordings. It’s before the time when news could travel at the speed of light as he spoke those words. It should have been, and could have been, heard by every citizen of this country in that year. Except for one deplorable fact. And that is, he did not deliver it. He wrote it, but he did not deliver it. It is not an address; it is a letter. But by custom and tradition and the passing of time, we consider it an address. So I hope that students who properly should be educated in George Washington’s Farewell Address should be reminded that he didn’t give it.
Now, my cousin five generations before, and only a few generations removed, Lucretia Coffin Mott, was the first signator of the declaration at the Seneca Falls convention. It was because she had been turned away from an anti-slavery convention seven years earlier in London and not given the right to vote. I took a deep personal interest in this, a familial interest, and I saw that nothing in the bill was enumerating women’s struggle for the right to vote. The Emancipation Proclamation did not, none of the addresses did, and unfortunately, the Declaration of Independence and the Constitution did not, and so when the students are taught these documents, they should also be taught that these did not give women the right to vote.
And when my fourth great grandfather, on my mother’s side, Joaquin Garcia, came to Spanish America in 1846, during the invasion of Mexico by the United States, having been a resident here at the time of the treaty of Guadalupe Hildalgo which ended the war and partitioned the country and put into the U.S.A. this state we are in now, I felt it was important that all of those children in this school system, as they learn about the Emancipation Proclamation and the Federalist papers, learn that all of this country came in with that treaty. They were guaranteed the same rights as the citizens of our country, the United States, at that time. And yet, they have not been.
When I read that the Emancipation Proclamation was here and Gettysburg Address, particularly, in 1863, although the date is not on the bill, the thought occurred to me that we have to be teaching to our young Nevada children that at the very same time in 1863 under threat of military force, as Te-moke and the other Indians who resided here in Nevada for thousands of years before others came, signed a treaty for $25,000 for ownership of what was the State of Nevada. I thought that was important, an equally important event for students of Nevada history to know.
In summation, Madam President, I have done my best to stick to the subject of the bill. But in the course of discussing the bill, I may have strayed, and for that I apologize. But I think it is important to know that history is a weaving of many things into a tapestry that is taught to our children. And our children have to know it all. And if one party seems to think, that the forced internment of American citizens in time of war is a deplorable act and wants our children to know about it; and if this Democratic party stands for enumerating the history of our young children about the treatment of the Indians and black people, then it should not be called politics by others; it should be called history. Thank you.
Senators Raggio, Jacobsen and Townsend moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 285.
Roll call on Senate Bill No. 285:
Yeas—19.
Nays—Coffin, Neal—2.
Senate Bill No. 285 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 23.
Resolution read third time.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Madam President, the resolution is on all of your desks, and it is self-explanatory. When the President and our Commander-in-Chief committed United States forces together with NATO in this conflict in Kosovo, it was obvious that there were many risks involved. Of course, over the period of the last several weeks, we have watched the news and seen through television what can occur and what has occurred in this conflict. One of the risks was that Americans might be in danger. This resolution expresses support for three of those servicemen who have been captured. On March 31, they were attached to the Army’s First Infantry Division that was in a peacekeeping force in Macedonia. The resolution identifies those as Specialist Steven M. Gonzales of Huntsville, Texas; Staff Sergeant Andrew Ramirez of Los Angeles, California; and Staff Sergeant Christopher Stone of Smith’s Creek, Michigan. We join with the Assembly in indicating our resolve and support for these three Americans who have demonstrated great courage and bravery. I know that each of us in our own way in our prayers and our concerns expresses our hope that these servicemen will be treated fairly and will be held safe. Our concerns also go out for all of those who are involved in this conflict, not only the Americans but others who are in this force, dedicated to preserving human rights for all mankind in the cause of freedom. Today, this resolution asks us to keep these brave Americans and those others at risk in our thoughts and in our prayers. We are wearing a yellow ribbon today which came out of the Gulf War and symbolizes the concern that we have for those who are at risk in that fashion. This resolution asks for the support of all of our citizens in indicating this concern and by stringing yellow ribbons and wearing this emblem of support. I would urge our joining with the Assembly in expressing our support for these servicemen and for all of those in the Yugoslavian armed conflict. Thank you.
Roll call on Assembly Joint Resolution No. 23:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 23 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Bill No. 275.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 407.
Amend section 1, page 1, between lines 2 and 3, by inserting: “In any county whose population is less than 400,000:”.
Amend the title of the bill to read as follows:
“AN ACT relating to hospital districts; providing for the dissolution of hospital districts in certain smaller counties; and providing other matters properly relating thereto.”.
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Concurrent Resolutions Nos. 42, 43.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Patricia A. Puchert, Ronn Evermann, William Glenn, John E. McLennan, M.D; Hugh Lantz, Jerry D. Lester, Daniel Luke and Elizabeth Howe.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to David Rawson.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Dennis Balaam, Cindy Kirkland, Richard Kirkland and Cindy Sullivan.
REMARKS FROM THE FLOOR
Senator Raggio requested that his remarks be entered in the Journal.
Madam President and members of the Senate, in the 1997 Session, this Legislature processed A.B. No. 362 whereby we amended the Nevada Revised Statutes relating to days of observance and designated days of observance and designated April 6 as Tartan Day in the State of Nevada. We are very privileged today to again commemorate April 6 as a day that references Scottish history and culture as well as the contributions that have been made to this Nation by those of Scottish descent. We have with us today as visitors a group from the Nevada Society of Scottish Clans, and they represent many of the different clans.
Senator Titus requested that her remarks be entered in the Journal.
I request that we adjourn today in memory of Mr. Fred Olsen who died last weekend in Las Vegas. Fred was a retired Merchant Marine who loved the sea but settled with his wife Lois in the desert of southern Nevada. He and Lois were active members of the Mobile Homeowners League of the Silver State; and if you ever interviewed with that group, you’ll remember Fred as the one with the tough questions. He was also very active in the move to get Clark County to provide water meters for individual mobile homes. He was a strong advocate for causes he believed in, a loyal supporter and a true friend. We’ll miss him very much.
Senator Raggio moved that the Senate adjourn until Wednesday, April 7, 1999 at 11 a.m. and that it do so in memory of Art Smith and also Fred Olsen as requested by Senator Titus.
Motion carried.
Senate adjourned at 4:16 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas