THE NINETY-SIXTH DAY
Carson City(Friday), May 7, 1999
Senate called to order at 11:03 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Elaine Ludlum Morgan.
Almighty God, the source of all that is good: for the mistakes we have made, we pray You will forgive us. For those things we have done that were right, we pray that You will uphold us; and for those decisions we have yet to make, we pray that You will direct us. We ask this for the sake of the people of Nevada. We thank You for Your Holy Presence in our lives.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 107, 111, 477, 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 425, 445; Assembly Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 439, 639, 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
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 141, 249, 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 Assembly Bills Nos. 265, 284, 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
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 53, 159, 166, 267, 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 593, 624, 651, 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. 231, 644, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 669, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Taxation.
Mark A. James, Chairman
Mr. President pro Tempore:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 197, 450, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 5, 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. 56, 479, 484.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 38, 39, 40.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 370.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 6, 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. 267, 462, 490.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 207, 211, 237, 483, 584.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 727 to Assembly Bill No. 506.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 153, Amendment No. 759; Senate Bill No. 379, Amendment No. 758, and respectfully requests your honorable body to concur in said amendments.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 7, 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. 63.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemptions
May 6, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of Assembly Bill No. 527 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
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 Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 41—Memorializing prominent Nevada rancher Matthew C. Benson.
Whereas, The members of the Nevada Legislature were deeply saddened by the passing of Matthew C. Benson on February 9, 1998; and
Whereas, Matthew C. Benson was born in Ely, Nevada, on April 27, 1922, and graduated from White Pine County High School in 1940; and
Whereas, During World War II, Matt Benson served as a United States Navy Communications Officer in the South Pacific Amphibious Forces, and it was during this time of service that Matt Benson married Peggy Joyce Sorenson on a 5-day leave in June 1944; and
Whereas, After graduating from Utah State Agricultural College with a Bachelor of Science degree in range management, Matt Benson worked for 3 years with the United States Soil Conservation Service as a range conservationist; and
Whereas, Matt Benson was hired as assistant manager and then as manager of the Marble Ranches in Elko County from 1954 to 1964, followed by 24 years as manager of the Heritage Ranch in Gardnerville which retained him as a consultant after his retirement in 1988; and
Whereas, Matt Benson was honored as Man of the Year for Carson Valley Days in 1986 and served as Carson Valley Days Grand Marshal in 1987; and
Whereas, An active member of the Nevada Cattlemen’s Association and the National Cattlemen’s Association for 30 years, Matt Benson was honored as Cattleman of the Year in 1990; and
Whereas, Matt Benson’s knowledge of ranching and agriculture was a tremendous asset to the community as he gave his time and energy as a member of the Douglas County Farm Bureau and the Eureka County Farm Bureau, both of which he also served as president, the Heil Commission for Wild Horse Preservation, the University of Nevada Agricultural College Advisory Committee and various other committees and organizations; and
Whereas, To many who knew him, Matt Benson typified the model of a Nevada cowboy and rancher who loved sharing his experiences by organizing trail rides and hayrides, during which he would inevitably be part of a sing-along that always included, at his request, the Nevada state song, “Home Means Nevada”; and
Whereas, Matt Benson is survived by his wife, Peggy, his children, Ken Benson of Baker, Oregon, Julie Ann Ward of Sheridan, Montana, Nancy Alley of Gardnerville, his brother, Jim Benson of Ely and eight grandchildren; 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 express their deepest sympathy to the family of Matthew C. Benson; and be it further
Resolved, That Matt Benson will be remembered for the many ways he shared his love for and knowledge of ranching as well as for the laughter and fun he brought into the lives of those who knew him; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his wife, Peggy, and his children, Ken, Nancy and Julie.
Senator Rhoads moved the adoption of the resolution.
Remarks by Senators Rhoads and Jacobsen.
Senator Rhoads requested that the following remarks be entered in the Journal.
Senator Rhoads:
Matt spent some time in Elko County. He worked for the Soil Conservation Service Office for three years and later was the assistant manager and the manager of the Marble Ranches which was the biggest ranch in Elko County. I did not get to know Matt very well until I was on the Board of Directors of the Nevada Cattlemen’s Association. He was really a leader and very dedicated; although, he really never owned a ranch in his life. He always managed a ranch and did a very great job. He was the leading spokesman for years in the State of Nevada supporting the livestock industry. He was really fun to be around. He was very active in youth activities such as trail rides. He especially enjoyed the campfire story telling, and occasionally, we would have a hot toddy together or a drink. He was very good at telling stories.
As the resolution points out, he was the manager of the Heritage Ranch for 24 years which was the birthplace of former Senator Fred Settlemeyer who is a legend in Nevada politics. The Heritage Ranch was owned by the founder of the Oakland Raiders and is now owned by Don Bentley. I know that if you ever needed to get a ticket to go see the Oakland Raiders, everybody went to see Matt. Matt served on the Wild Horse Commission for a number of years thanks to Senator Jacobsen who made that possible. He was an active member of the Sharkey’s Breakfast Group, which I have heard so much about; although, I never attended. He was a big supporter of the FFA and 4-H clubs and was a member of the Farm Bureau. He was always a close friend of Senator Jacobsen and former Assemblyman Lou Bergevin. I know I really respected Matt, and I know he helped me in several of my campaigns; although, he did not live in my district. He and his wife were very supportive.
President pro Tempore Jacobsen:
I would like to give a few remarks since Matt was a very good friend, also a very good customer in my line of business. I would indicate to you that Matt certainly had a mind of his own. I do not think there was a time that he did not have a special message for me, sometimes good, sometimes bad. I think that one of the things I prided myself in was that one time in his weaker moments, I talked him into being on the Wild Horse Commission. After his term was up, he came to my house and told me not to do him any more favors. I always thought that was kind of a nice note to end with. On the commission he was very instrumental and gave it the kind of atmosphere that it needs today. Matt’s wife, Peggy, was a schoolteacher in Douglas County and was named teacher of the year and was one of the best teachers in Douglas County.
Resolution adopted.
Senator Rhoads moved that all rules be suspended and that Senate Concurrent Resolution No. 41 be immediately transmitted to the Assembly.
Motion carried unanimously.
By Senators Care, Amodei, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 42—Commending Dr. Janet Dobry for her dedication and commitment to the children in Nevada.
Whereas, In 1991, Dr. Janet Dobry moved from Oregon to Nevada and accepted a position with the Clark County School District in the Gordon McCaw Elementary School in Henderson, where she is now seen each morning greeting her pupils and accepting numerous hugs; and
Whereas, Since Dr. Dobry became the Principal of McCaw Elementary School, Nevada has been the beneficiary of her dedication and devotion to the pupils of that school as well as to numerous other children in this state; and
Whereas, Dr. Dobry has distinguished herself as an administrator through qualities such as leadership, contagious enthusiasm and an attitude that never acknowledges the possibility that something worth doing cannot be done; and
Whereas, Not only has Dr. Dobry enriched the quality of education for pupils in her school, she has also shown herself to be a true humanitarian by meeting the emotional and physical needs of children through such acts as providing food and household goods to families who are in need, even taking children to a shoe store and buying shoes for them; and
Whereas, This exceptional leader was the force behind the donations of money, labor and materials, as well as the coordinator of the efforts of educators, students, school officers, and members of the business community and state and local government, in the development of the McCaw School of Mines; and
Whereas, The McCaw School of Mines is a fascinating, million-dollar simulated mine that is attached to McCaw Elementary School and portrays the history and importance of mining in Nevada; and
Whereas, Since January 1997, over 8,000 students, accompanied by 1,500 parents and teachers, have enjoyed a student-led, interactive, hands-on experience when they entered this open-pit mine through a simulated tunnel containing track and ore cars to discover scale model replicas of mining equipment and vehicles; and
Whereas, In addition to all her efforts as an educator and administrator, Dr. Dobry is active in her community through membership and leadership roles in several organizations and programs, including the Henderson Chamber of Commerce Education Committee, Salvation Army Adult Day Care and the Alpha Delta Kappa Sorority, as well as serving as the organist for the church that she attends; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Dr. Janet Dobry for her dedication and commitment to the youth of Nevada and express sincere appreciation for the kindness and compassion she displays to the children of this state; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Janet Dobry.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus, Porter and Schneider.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Often in this body we memorialize people who have passed away and honor them for their historic accomplishments. But today, it is wonderful that we can recognize someone who is here with us. We can honor her, say thank you in person for all she does and beg her to continue her efforts because they make this world a better place for all of us.
You have heard the many accomplishments of Dr. Janet Dobry who is one of the most dedicated and hard working educators in this State. Her commitment to learning knows no bounds. As a principal, Dr. Dobry has gone far beyond the job description at Gordon MaCaw Elementary school. Not only has she captured the hearts and minds of the students there, but she has captured their imagination with her incredible mine project.
That project has allowed children in urban southern Nevada to experience a world they otherwise could only read about. Through that experience, they have learned about Nevada’s history and economy, about science and technology, about hard work and responsibility. Some 10,000 students have visited the MaCaw mine, along with teachers, administrators, parents, political officials and interested parties. They all come away impressed. I urge you to visit the mine where Phase Two, a mining town, is about to be added. And I urge you to pass this resolution honoring Dr. Janet Dobry for a job well done.
Senator Porter:
I, too, rise in support of Senate Concurrent Resolution No. 42. I want to tell you a little story about Dr. Dobry. Actually, her vision for the mine came about, I believe, in a classroom at Gordon McCaw Elementary School when they were talking about building a mine out of papier-mache. Papier-mache has come a long way where Dr. Dobry has brought together all types of professionals throughout our community in southern Nevada. I do not believe that the mining industry believed her nor did the community or the school districts. Jan is just an “out-of-the-box” individual that truly cares about what she does. As the resolution says, it is far more than just building mines. I have known Dr. Dobry for a number of years, and she truly will take children to find them shoes or food. She represents an entrepreneur of education, and that is what we need today. A professional administrator that is out of the box and is an entrepreneur and is willing to go the extra mile to take care of her kids and her community. If I could leave with one thought, Dr. Dobry represents the community. She represents what schools used to be. She is involved in every aspect of the Henderson community. I honor and admire her and appreciate having her here today.
Senator Schneider:
Thank you, Mr. President pro Tempore. I have to tell the house a little story. It was a few years ago, at a social event in Las Vegas, when Dr. Dobry came over to me and was talking about this idea she had at the Gordon McCaw School and wanted to know if I knew anyone who could help her. I looked around the room and saw Lee Smith of Independence Mining there. I told Dr. Dobry that I did have someone who could help her, and I introduced him to Dr. Dobry. I’ll tell you what, I think Lee probably wishes I never would have done that. Independence Mining jumped in there so big and put thousands of dollars into her program plus tens of thousands of dollars into the labor on it. I am really partial to public/private partnerships. This is one of the premier public/private partnerships for what it is doing in our school district. I would like to compliment the doctor on that. Thank you, Mr. President proTempore.
Resolution adopted.
Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 42 be immediately transmitted to the Assembly.
Motion carried unanimously.
Assembly Concurrent Resolution No. 63—Memorializing former Assemblywoman Juanita Greer White.
Whereas, On September 18, 1997, the residents of the State of Nevada lost a dedicated champion of higher education with the passing of former Assemblywoman Juanita Greer White; and
Whereas, Juanita Greer White, who was born in Atlanta, Georgia, on November 19, 1905, is said to have baked cakes as a child to help her mother with a campaign that eventually gave women the right to vote; and
Whereas, After being refused entry to the Massachusetts Institute of Technology because she was a woman, Juanita Greer White applied and was accepted to Johns Hopkins University where she earned her doctorate in chemistry in 1929; and
Whereas, After teaching college classes in Virginia, New York, Georgia and Connecticut, Juanita Greer White moved to Southern Nevada with her husband, Thomas Sherman White, M.D., in 1956 and quickly began pursuing her personal goal of enhancing opportunities for higher education; and
Whereas, The role of Juanita Greer White as a charter member of the Nevada Southern University Land Foundation from 1966 to 1971 helped secure 300 acres for the University of Nevada, Las Vegas, which now includes a life sciences building named in her honor in 1976; and
Whereas, Juanita Greer White was elected twice to the Board of Regents of the University of Nevada, Las Vegas, serving from 1963 to 1971, during which time the University of Nevada, Las Vegas, grew from an extension campus of the University of Nevada, Reno, to a 4-year, degree-granting university and rival of the University of Nevada, Reno; and
Whereas, The passion of Juanita Greer White in the area of education was also evident by her service on the Western Interstate Commission for Higher Education from 1965 to 1971 and as president of the Nevada State Division of the American Association of University Women from 1963 to 1965; and
Whereas, Juanita Greer White was elected to the Assembly of the Nevada Legislature and served during the 1971 session on the committees on Education, Elections and Health and Welfare; and
Whereas, Bills and resolutions sponsored by Juanita Greer White during her term in the Assembly included measures to improve public education in the State of Nevada and promote the rights and recognition of women and minorities; and
Whereas, Juanita Greer White is survived by her daughter, Sally Johnston of Fredericksburg, Texas; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature express their deepest sympathy to the family of Juanita Greer White including her daughter, her grandchildren and her great-grandchildren; and be it further
Resolved, That Juanita Greer White will be remembered as a pioneer of women in the field of science and a strong advocate of higher education who, through personal commitment and hard work, left an indelible mark on public education in the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sally Johnston, the daughter of Juanita Greer White.
Senator Porter moved the adoption of the resolution.
Remarks by Senators Porter and Jacobsen.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Porter:
Thank you, Mr. President pro Tempore. It is an honor for me today to speak about a young lady that was a prominent member of the Boulder City community. She moved to Boulder City in 1956 with her husband Tom. Her goal in life really was to improve education in Nevada. With her help, the Nevada Southern University became a four-year degree-granting university. Actually, Dr. White, as I affectionately remember her, played a major role in politics in Boulder City as a young councilwoman. We always wanted to make sure we had the support of both Dr. Whites because of their influence and mentoring for many of us in the community of Boulder City. She was a Republican although that is not important and always helped me politically. I know that she helped my colleague in Boulder City, Assemblywoman Segerblom. In fact after she served in 1971 in the Assembly, that was the last time we had an Assembly seat in Boulder City for 22 years. It is an honor for me to speak on behalf of Dr. White, today.
President pro Tempore Jacobsen:
I would like to offer a few remarks. I had the privilege of serving with Dr. White over in the old building. She was a model for education, as Senator Titus is in our body. We always looked for any kind of advice when it came to that topic. I remember her mostly for having a “watering hole” between here and Las Vegas. In those days, there was only one flight a day to Las Vegas so Assemblymen Bode Howard, Roy Young and I always used to drive. It was always a mistake to stop there because it was not so bad going because we had a mission to go to. Coming home we were a bit freer, and many times, we had an extended stay there. She was always so gracious, and we stopped there because she was a Republican, and we were also. The price was always right, let me say that.
Resolution adopted.
Senator Rawson moved that Assembly Bill No. 284 be placed on the Second Reading File.
Remarks by Senator Rawson.
Motion carried.
Senator James moved that Assembly Bill No. 669 be re-referred to the Committee on Taxation.
Remarks by Senator James.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 207.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 211.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 237.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 370.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 483.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 584.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal requested that Assembly Bill No. 531 be taken from the Consent Calendar and placed on the Second Reading File.
CONSENT CALENDAR
Assembly Bills Nos. 441, 630.
Bills read by number.
Roll call on Assembly Bills Nos. 441, 630:
Yeas—21.
Nays—None.
Assembly Bills Nos. 441, 630 having received a constitutional majority, Mr. President pro Tempore declared them passed.
Bills ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Assembly Bill No. 12.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 751.
Amend section 1, page 1, line 1, by deleting “233” and inserting “233B”.
Amend sec. 2, page 2, line 3, after “a” by inserting “written”.
Amend sec. 2, page 2, line 29, by deleting “general”.
Amend sec. 2, page 2, line 33, by deleting “interest; or” and inserting “interest;”.
Amend sec. 2, page 2, line 38, by deleting “484.781.” and inserting: “484.781; or
(o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the board of wildlife commissioners pursuant to the provisions of Title 45 of NRS.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 40.
Bill read second time and ordered to third reading.
Assembly Bill No. 95.
Bill read second time and ordered to third reading.
Assembly Bill No. 109.
Bill read second time and ordered to third reading.
Assembly Bill No. 169.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 753.
Amend section 1, pages 1 and 2, by deleting lines 14 through 20 on page 1 and lines 1 through 7 on page 2, and inserting:
“(a) A line [on which to enter the number on] for use by the county clerk to enter the number:
(1) Indicated on the voter’s social security card, driver’s license or identification card issued by the department of motor vehicles and public safety [.] , or any other identification card issued by an agency of this state or the Federal Government that contains:
(I) A unique number; and
(II) A photograph or physical description of the voter; or
(2) Issued to the voter pursuant to subsection 5.”.
Amend section 1, page 2, after line 13, by inserting:
“5. If a voter does not:
(a) Possess any of the identification set forth in subparagraph (1) of paragraph (a) of subsection 4; or
(b) Wish to provide to the county clerk the number indicated on that identification,
the county clerk shall issue a unique identification number to the voter.
6. The secretary of state shall adopt regulations to carry out the provisions of subsections 4 and 5.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 202.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 748.
Amend sec. 2, page 2, line 21, by deleting“maintenance,”and inserting: “maintenance of any highway under the jurisdiction of the department of transportation,”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 203.
Bill read second time and ordered to third reading.
Assembly Bill No. 215.
Bill read second time and ordered to third reading.
Assembly Bill No. 254.
Bill read second time and ordered to third reading.
Assembly Bill No. 255.
Bill read second time and ordered to third reading.
Assembly Bill No. 260.
Bill read second time and ordered to third reading.
Assembly Bill 414.
Bill read second time and ordered to third reading.
Assembly Bill No. 447.
Bill read second time and ordered to third reading.
Assembly Bill No. 461.
Bill read second time and ordered to third reading.
Assembly Bill No. 518.
Bill read second time and ordered to third reading.
Assembly Bill No. 588.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 760.
Amend sec. 3, page 3, line 3, after “inclusive,” by inserting: “or chapter 617”.
Amend sec. 9, page 6, line 32, after “clerk” by inserting: “or his designee”.
Amend the bill as a whole by adding a new section designated sec. 11, following sec. 10, to read as follows:
“Sec. 11. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 611.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 752.
Amend sec. 2, page
2, line 31, by deleting “household.” and inserting: “household [.]
who is 18 years of age or older. ”.
Amend sec. 2, page 3, by deleting lines 23 and 24.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 612.
Bill read second time and ordered to third reading.
Assembly Bill No. 626.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 761.
Amend sec. 11, page 8, line 35, after “inclusive,” by inserting: “or chapter 617”.
Amend sec. 11, page 8, by deleting line 37 and inserting: “compensation pursuant to any act of Congress.”.
Amend sec. 13, page 9, line 25, by deleting: “state emergency response commission” and inserting: “[state emergency response commission] division of emergency management of the department of motor vehicles and public safety”.
Amend sec. 13,
page 9, line 26, by deleting “commission” and inserting “[commission] division”.
Amend sec. 13,
page 9, line 29, by deleting “commission.” and inserting “[commission.]
division.”.
Amend sec. 13,
page 9, line 36, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 9, line 41, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 10, line 5, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 10, line 8, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 10, line 10, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 10, line 11, by deleting “commission” and inserting “[commission]
division”.
Amend sec. 13,
page 10, line 16, by deleting “commission.” and inserting “[commission.]
division.”.
Amend the bill as a whole by adding a new section designated sec. 29, following sec. 28, to read as follows:
“Sec. 29. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, eighth line, after “rescue;” by inserting: “transferring the responsibility to administer the emergency assistance account within the disaster relief fund from the state emergency response commission to the division of emergency management;”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 640.
Bill read second time and ordered to third reading.
Assembly Bill No. 284.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 783.
Amend the bill as a whole by renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. Notwithstanding the provisions of section 3 of this act, the state board of health shall not adopt regulations requiring the fluoridation of a public water system serving the inhabitants of a county whose population is 100,000 or more, but less than 400,000, until the health division of the department of human resources certifies that sufficient funding has been obtained from sources of financial support, including, without limitation, grants from the Federal Government, for the payment of the initial costs of such a public water system to begin complying with the provisions of section 3 of this act.”.
Amend sec. 5, page 3, line 29, by deleting “becomes” and inserting: “and section 5 of this act become”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 531.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 175.
Bill read third time.
Roll call on Assembly Bill No. 175:
Yeas—21.
Nays—None.
Assembly Bill No. 175 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 322.
Bill read third time.
Roll call on Assembly Bill No. 322:
Yeas—21.
Nays—None.
Assembly Bill No. 322 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 552.
Bill read third time.
Remarks by Senators O’Donnell, Neal and O’Connell.
Conflict of interest declared by Senator Porter.
Roll call on Assembly Bill No. 552:
Yeas—12.
Nays—Carlton, Coffin, James, McGinness, Neal, Rhoads, Schneider, Titus—8.
Not Voting—Porter.
Assembly Bill No. 552 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 587.
Bill read third time.
Roll call on Assembly Bill No. 587:
Yeas—21.
Nays—None.
Assembly Bill No. 587 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 54.
The following Assembly amendment was read:
Amendment No. 756.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 6 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 6. NRS 616B.012 is hereby amended to read as follows:
616B.012 1. Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.
4. Upon written request made by a public officer of a local government, an insurer shall furnish from its records[,] the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.
6. Upon request by the department of taxation, the administrator shall provide:
(a) Lists containing the names and addresses of employers; and
(b) Other information concerning employers collected and maintained by the administrator or the division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,
to the department for its use in verifying returns for the business tax. The administrator may charge a reasonable fee to cover any related administrative expenses.
7. Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders[,] or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 54.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 64.
The following Assembly amendment was read:
Amendment No. 755.
Amend section 1, page 1, line 10, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 2, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 9, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 16, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 23, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 29, after “inclusive” by inserting: “or chapter 617”.
Amend section 1, page 2, line 36, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 2, line 41, after “inclusive,” by inserting: “or chapter 617”.
Amend section 1, page 4, by deleting line 30 and inserting:
“11. To calculate an employer’s premium, the”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 64.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 281, 487, 510; Senate Concurrent Resolutions Nos. 16, 37; Assembly Bills Nos. 50, 51, 135, 138, 165, 221, 262, 436, 437, 438, 456, 464, 506, 544; Assembly Joint Resolutions Nos. 4, 19; Assembly Concurrent Resolutions Nos. 59, 62.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Johnson Elementary School: Amber Billingsley, Travis Bogard, Aaron Cash, Katy Hansen, Kai Parker, Eric Suess, Kimberly Watt; teacher, Julie Bryant and chaperones: Beth Watt and Rachel Bogard.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Numa Elementary School: Stephen Amick, Benjamin Bakke, Jaymie Davies, Alyssa Brown, Samantha Carter, Kristin Drinnon, Reyna Gomez, Brandy Green, Daniel Harrison, Stephanie Keddington, Joshua Locanas, Alex Mayhugh, Krystle McCart, Dylan McFarlane, Rickey Miller, Stephen Ross Miller, Dustin Prinz, Yasmine Rahmani, Amie Saul, Isaac Sears, Daniel Shyne, Steven Stewart, Shawna Suetta, Karley Thompson, Lindsey Thompson, Matthew Angel, Andrew Wilson, Amie Saul, Whitney Adams, Ted Cecil, Tyson Cordts, Richard Cornu, Katelyn Cross, Jennifer Easton, Fawn Enox, Owen Erquiaga, Casie Jo Fowler, Angie Hendrix, Sarah Hendrix, Katie Horne, Leslie Kelley, Anthony Laca, Brandon Lacow, Jennie Lasher, Kayleigh McAviney, Bliss Mundy, Jessica Palmero, LaQuitta Pearson, Kelsey Reeves, Tailor Sponcey, Bailey Vochatzer, Monica Washburn, Stephanie Wolfgang, Kendra Yates, John Barnedt, Teresa McDonald, Carlos Valenzuela; chaperones: Sherry Hendrix, Sonny Covey, Kendi Yates, Lisa Erquiaga, Barbara Hendrix, Wes Washburn, Mrs. Gary Pope-Sears, Shari Stewart, Debbie Shyne, Anna Bateman, Natalie Bakke, Virginia Fowler, Jennifer McAviney, Tutie Washburn, Debbie Wolfgang; teachers: Jennifer Guerrero and Susannah Hooper-Howe.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Sally Johnston, Wilbur Johnston and Toni BuFalry.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Peggy Benson, Arnie Oas, Bill Mendes, Bill Roney, Helen Roney, Tom Dotson, Julie Ward, Joy Carr, Nancy Alley, Mike Alley, Jeanette Alley, Steve Alley, Shirley Jones, Charlotte Godecke, Dean Bernard, Barbara Byington, John McClain, Dever Dressler, Dal Byington and Joe Guild.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Janet Dobry.
Senator Raggio moved that the Senate adjourn until Monday, May 10, 1999 at 11 a.m. and that it do so in honor of Mother’s Day and also of all the members of the armed services.
Motion carried.
Senate adjourned at 12:54 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas