THE EIGHTY-SEVENTH DAY
Carson City(Wednesday), April 28, 1999
Senate called to order at 11:22 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jeff Paul.
Almighty God, give to the members of our Senate courage, wisdom and foresight to provide for the needs of all our people; to promote their well-being and dignity; and to fulfill our obligations in all the communities of the State of Nevada. We give special thanks for all Veterans of Foreign Wars on this 100th anniversary of the VFW; we commend to Your care and keeping all the men and women of our armed forces at home and abroad; in Your Name we pray.
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. 37, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 314, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Taxation.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 50, 51, 165, 221, 262, 304, 436, 456, 544; Assembly Joint Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 229, 336, 545, 647, 648, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Joint Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Taxation, to which was referred Assembly Bill No. 506, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 26, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 166, 344, 352.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 199, 344.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 15, 34.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 499, Amendment No. 710, and respectfully requests your honorable body to concur in said amendments.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Marvel, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 35—Recognizing the 100th anniversary of the Veterans of Foreign Wars of the United States.
Whereas, The United States of America, born in the fires of a revolution and tempered by civil wars and foreign conflicts, today embodies the highest ideals of freedom and democracy; and
Whereas, For over 200 years, millions of Americans have answered our nation’s call to defend our freedoms and our democratic form of government against all enemies; and
Whereas, Such service has required sacrifice, hardship, endurance, dedication, bravery, courage and the highest level of patriotism, and those who have served our country deserve special attention; and
Whereas, In 1899, the veterans of the Spanish-American War and the Philippine Insurrection founded local organizations to secure the rights and benefits afforded to all veterans for their service to this country; and
Whereas, These local organizations merged, creating the Veterans of Foreign Wars of the United States, commonly known as VFW, and the Ladies Auxiliary to the VFW; and
Whereas, Today there are more than 10,000 VFW Posts worldwide with over two million members whose motto is, “We’d do anything for this country”; and
Whereas, The VFW assists veterans and their families by providing information concerning federal, state and local government programs, fighting for job rights, educational benefits and improved medical care, and through such programs as the VFW Citizenship Education program, the VFW National Security and Foreign Affairs program and the VFW National Home for Veterans’ Children; and
Whereas, The VFW’s commitment to youth is evidenced through its support of various youth organizations and its Voice of Democracy Scholarship program which annually provides over $2 million in scholarships to high school students; and
Whereas, The VFW provides veterans and their families the opportunity to take part in building a better America through such community service projects as fund raisers for the sick and homeless, carnivals for children, disaster relief, support for local schools, erecting military memorials, placing flags on veterans’ graves, volunteering in veterans’ hospitals and caring for the elderly, to name a few; and
Whereas, For 100 years, the VFW has continued to grow in strength, power and influence, and today ranks as the 16th most powerful membership organization in the country in getting things done for its members and for the nation, a distinction which also identifies the VFW as being the nation’s leading organization for its veterans; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature hereby recognize the 100th anniversary of the Veterans of Foreign Wars of the United States; and be it further
Resolved, That the men and women who paid for the freedom all of us enjoy today are commended for their service, dedication and commitment to this country and their fellow man; and be it further
Resolved, That the schools, businesses, churches, civic organizations and residents of the State of Nevada are hereby urged to proudly display the flag of the United States of America and to participate in programs honoring the Veterans of Foreign Wars and all 26 million veterans of the United States military; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the VFW State Commander.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senator Jacobsen.
Senator Jacobsen requested that his remarks be entered in the Journal.
Madam President and members of the Senate, this is really a pleasure for me. The military has always been my second love. Hardly a day passes in my life that I don’t reflect on some things that happened in the service. I am a member of the VFW, and the Commander is here with me today. I am the commander of the American Legion of the Carson Valley Post in Douglas County. He said you join my post, and I will join your post. I don’t know if we even traded dollars and probably paid the same fee. I don’t think enough can be said about our veterans today. As we read the newspapers and realize what current involvement and responsibility those servicemen and women carry today, it is probably much more than the past have endured. I think there is a message for each of us as we honor the veterans today realizing what we have and what we enjoy; the peace and security, knowing that we are free, certainly relates to those who came and went before.
I want to cover all those who started way back realizing that service in the military is something that no one takes away from you, no court, no jury, no judge. You become your own judge and jury and only you can disgrace yourself. I think it is important as we recognize veterans today that we acknowledge the sacrifices they made. It is too bad that we could not catalogue all the stories, some good and some bad. I think it is a reflection on our past, our heritage, and it is a reflection on this great nation of ours to be strong, be safe and to be free.
Resolution adopted.
Senator Jacobsen moved that all rules be suspended and that Senate Concurrent Resolution No. 35 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Jacobsen moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:45 a.m.
SENATE IN SESSION
At 11:50 a.m.
President Hunt presiding.
Quorum present.
Assembly Concurrent Resolution No. 19.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Senator James moved that Assembly Bill No. 314 be re-referred to the Committee on Taxation.
Remarks by Senator James.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 199.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 344.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 28, 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. 54.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 54¾Designating April 28, 1999, as Workers’ Memorial Day in the State of Nevada.
Whereas, Since 1989, April 28 has been observed as Workers’ Memorial Day by the American Federation of Labor and Congress of Industrial Organizations; and
Whereas, Workers’ Memorial Day is not only a time to remember the workers who have succumbed to an occupational disease or been injured or killed on the job, but a time to renew the commitment to prevent these tragedies in the future; and
Whereas, This date is significant in that it is the anniversary of the enactment of the Occupational Safety and Health Act; and
Whereas, Every year millions of workers, or approximately one worker every 5 seconds, become a casualty of an occupational disease or are injured or killed on the job; and
Whereas, Too often these tragedies and the devastation they cause for these workers, their families and co-workers are quickly forgotten; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the 70th session of the Nevada Legislature hereby designates April 28, 1999, as Workers’ Memorial Day, a day to honor and remember the workers who have succumbed to an occupational disease or been injured or killed as a result of work-related accidents; and be it further
Resolved, That the residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety and health protections in the workplace so that future tragedies can be prevented.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus and Neal.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
I rise in support of this resolution recognizing today as Workers’ Memorial Day. Celebrated on the anniversary of the Occupational Safety and Health Act, this is a day to remember workers who have been injured and killed on the job. It is also a day to recognize the contributions made by unions in the fights for safer work places. The theme of this year’s celebration is “Mourn for the dead but fight for the living.” Let us follow this dictate as we go forward this session always keeping in mind the need to protect workers’ health and safety rights.
Senator Neal:
I rise in support of the resolution. I think that it is a good thing that we honor working men and women. If we go back a bit to the Depression we can get an understanding as to the reason why. If it had not been for working men and women in the labor organizations that they represent, we could have had a very different society than what we have today. During that period of the Depression where workers were looked upon as equipment with no benefits, no means of safety in the workplace, fire at will was what they were faced with. It was because of the organization that we now realize represents the promise of democracy because if it had not been for workers and the organizations that were established during that period for workers, we could be serving a different ideology today. It was a period of time when there was a lot of stress in the country that made it right for a new system of government.
For those of you who have studied your history know that we had in the thirties a very active Communist Party in this country. It was feeding upon the ills of workers. Because of those organizations that came into being, the worker was able to turn away from this ideology and seek the promise of democracy. Out of that came the safety nets that talked about welfare. Other things that came out of that movement for the workers, I was just looking at a section of our Constitution during that period of time, we addressed issues of public welfare and made it a constitutional mandate to take care of the indigent, the blind and the poor. This is a part of the whole legacy of workers seeking the promise of democracy. I only make this historical point so that those of us who now sit in public policy positions would not go back there because it is a dangerous field to tread. You do not know exactly what happened or what will happen so we have to acknowledge those individuals who utilize their skills, their hands to create buildings, roads and other amenities, that we enjoy in this country. We stand here in this building and we would pay homage to the architect, to the builder who got the contract to build this facility, but it could not have been done if it had not been for workers. We laud our big casinos from one end of the state to another. Those casinos could not have been built if it had not been for the workers. In fact, if you did not have workers, this place would be that of the gila monsters, the rattlesnakes and the coyotes. You had this particular group of individuals that have paid dearly and had to fight in many cases to contribute to the well being and welfare of our nation. When we look at our wars that were fought, it was not the J. P. Morgans or the John D. Rockefellers or the Mellons that went off and fought those wars. It was the sons and daughters of the Johns, the Williams, the itinerant farmers, laborers, workers and steel mill workers that went off and fought to secure our democracy.
It is important today that I make this statement as we have a tendency to gravitate toward class and look upon those individuals who have wealth and not pay homage to those who have less status, who have to go out day-to-day and get a job and feed their families. These are the people that John Steinbeck talked about in his Grapes of Wrath. These are the people who left the dust bowl of Oklahoma, came to California and those who went east to many big cities such as Detroit. They helped build the steel mills and bring about the industrialization of an agrarian society. These are our workers, our people, our heritage and part of our country.
Resolution adopted.
CONSENT CALENDAR
Assembly Bill No. 251.
Bill read by number.
Roll call on Assembly Bill No. 251:
Yeas—21.
Nays—None.
Assembly Bill No. 251 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 303.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 716.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. On or after July 1, 2001, the State Board of Examiners may recommend to the Interim Finance Committee that the money transferred to the state general fund pursuant to section 2 of this act be repaid to the fund for the National College of Juvenile and Family Law if the Clerk of the State Board of Examiners finds that sufficient money exists from the appropriate revenue sources to effect the repayment. Upon approval of the Interim Finance Committee, the money may be so transferred. The money transferred pursuant to this section is hereby appropriated to the fund.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state financial administration; making an appropriation to the National College of Juvenile and Family Law; requiring the transfer of money from the fund for the National College and Family Law to the state general fund; authorizing the return of the money transferred from the fund under certain circumstances; and providing other matters properly relating thereto.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 304.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 717.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. On or after July 1, 2001, the State Board of Examiners may recommend to the Interim Finance Committee that the money transferred to the state general fund pursuant to section 2 of this act be repaid to the fund for the National Judicial College if the Clerk of the State Board of Examiners finds that sufficient money exists from the appropriate revenue sources to effect the repayment. Upon approval of the Interim Finance Committee, the money may be so transferred. The money transferred pursuant to this section is hereby appropriated to the fund.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state financial administration; making an appropriation to the National Judicial College; requiring the transfer of money from the fund for the National Judicial College to the state general fund; authorizing the return of the money transferred from the fund under certain circumstances; and providing other matters properly relating thereto.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 299.
Bill read second time and ordered to third reading.
Assembly Bill No. 444.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 227.
Bill read third time.
Roll call on Assembly Bill No. 227:
Yeas—21.
Nays—None.
Assembly Bill No. 227 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 375.
Bill read third time.
Roll call on Assembly Bill No. 375:
Yeas—21.
Nays—None.
Assembly Bill No. 375 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 326.
The following Assembly amendment was read:
Amendment No. 711.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. This act becomes effective upon passage and approval.”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 326.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 532.
The following Assembly amendment was read:
Amendment No. 709.
Amend section 1, page 2, by deleting lines 9 and 10 and inserting: “deposit:
(a) One thousand dollars or more but less than $10,000 since the last deposit, the money must be deposited not later than the next Thursday following such a day. If Thursday is not a banking day, then the deposit must be made on the next banking day following that Thursday.
(b) Ten thousand dollars or more since the last deposit, the money must be deposited not later than the next banking day.”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 532.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Assembly Bill No. 55, consisting of the undersigned members, has met, and reports that: It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 1, which is attached to and hereby made a part of this report.
Jon c. Porter Mark A. Manendo
Terry Care John C. Carpenter
Mike McGinness Jerry D. Claborn
Senate Conference Committee Assembly Conference Committee
Conference Amendment No. 1.
Amend section 1, page 1, by deleting lines 10 and 11 and inserting:
“(d) Shall knowingly burn stolen metallic wire to remove insulation,”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to scrap metal; prohibiting the burning of stolen metallic wire to remove insulation; requiring junk dealers to obtain certain”.
Senator Porter moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 55.
Remarks by Senator Porter.
Motion carried.
Signing of Bills and resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 7, 99, 100, 183, 238, 494; Assembly Concurrent Resolutions Nos. 6, 49, 50, 51, 52.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Carson City High School Government classes and teachers: Mike Longero and John Sullivan.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Reuben Law, Daryl Mobley, Cecil Montgomery, Kew Jakubec, Jacqui Mobley, Dick Creley, Bob Welst and John Nulty.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Hugh Qualls and Andy Bath.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Lucien Benjamin and Danny Thompson.
Senator Raggio moved that the Senate adjourn until Thursday, April 29, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:27 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas