THE ONE HUNDRED AND FOURTH DAY
Carson City (Saturday), May 15, 1999
Senate called to order at 8:30 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Louie Locke.
It is good to give thanks to the Lord, and to sing praises to Your name, O most high; to declare Your loving kindness in the morning, and Your faithfulness every night (Psa 92:1-2)
I pray for Your blessing on the people of this Senate. May their hearts and decisions be guided by You. Give them strength, health and wisdom in these demanding days.
In the name of the most high God, 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 Government Affairs, to which were referred Assembly Bills Nos. 520, 539, 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 Assembly Bill No. 94, 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 Natural Resources, to which were referred Assembly Bills Nos. 296, 358, 481, 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 Natural Resources, to which was referred Assembly Bill No. 347, 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 Transportation, to which were referred Assembly Bills Nos. 157, 329, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which were referred Assembly Bills Nos. 59, 503, 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, May 14, 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. 46, 53, 73, 81, 105, 106, 108, 118, 129, 163, 179, 303, 304, 318, 330, 343, 371, 526, 534, 535, 538.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 38, 103, 181, 220, 343, 346; Assembly Joint Resolution No. 22.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 60.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 748 to Assembly Bill No. 202; Senate Amendment No. 766 to Assembly Bill No. 265; Senate Amendments Nos. 783, 809 to Assembly Bill No. 284; Senate Amendments Nos. 764, 847 to Assembly Bill No. 439; Senate Amendment No. 760 to Assembly Bill No. 588; Senate Amendment No. 763 to Assembly Bill No. 639.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 16, Amendment No. 776; Senate Bill No. 35, Amendment No. 799; Senate Bill No. 161, Amendment No. 801; Senate Bill No. 365, Amendment No. 802, and respectfully requests your honorable body to concur in said amendments.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
May 14, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of Senate Bill No. 545 which:
(a) Contains an appropriation;
(b) Authorizes the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Creates or increases any significant fiscal liability of the state; or
(d) Significantly decreases 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
Assembly Joint Resolution No. 22.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Senator Rawson moved that the action whereby Assembly Joint Resolution No. 22 was referred to the Committee on Government Affairs be rescinded.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that Senate Standing Rule No. 40 be suspended and that the resolution be referred to the Committee on Judiciary.
Remarks by Senators Rawson and Neal.
Motion carried.
Assembly Concurrent Resolution No. 60.
Senator Rawson moved that the resolution be referred to the Committee on
Human Resources and Facilities.
Motion carried.
Assembly Concurrent Resolution No.16.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 38.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 103.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 181.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 220.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 343.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 346.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 71.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 900.
Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 8.
Amend the title of the bill by deleting the eighth and ninth lines and inserting: “credit to the person under certain circumstances; providing penalties; and”.
Amend the bill as a whole by adding the following senator as a primary joint sponsor:
Senator Raggio.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 82.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 901.
Amend section 1, page 1, by deleting line 10 and inserting: “administrator of the division of mental health and developmental services of ”.
Amend section 1, page 1, by deleting lines 13 and 14 and inserting: “charge against and must be paid by the division [of mental health and developmental services of the department of human resources] upon an order therefor signed by the judge who”.
Amend section 1, page 2, by deleting lines 2 and 3 and inserting: “exhausted, money must be allocated to the division [of mental health and developmental services] out of the reserve for statutory contingency account”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 152.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 820.
Amend section 1, page 2, by deleting lines 7 through 9 and inserting: “institution or person offering only educational services or programs at the introductory level on the use of computer software to persons who have purchased that software from the institution or person.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 204.
Bill read second time and ordered to third reading.
Assembly Bill No. 219.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 238 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that Assembly Bill No. 239 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 241.
Bill read second time and ordered to third reading.
Assembly Bill No. 253.
Bill read second time and ordered to third reading.
Assembly Bill No. 271.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 885.
Amend sec. 7, page 3, line 10, after “inclusive,” by inserting: “and section 1 of Senate Bill No. 209 of this session,”.
Amend sec. 7, page 3, by deleting line 13 and inserting: “482.4245, inclusive, and section 1 of Senate Bill No. 209 of this session by displaying a special permit or temporary placard to operate the vehicle”.
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. 282.
Bill read second time and ordered to third reading.
Assembly Bill No. 295.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 765.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. 1. This section and sections 1 and 3 of this act become effective on October 1, 1999.
2. Section 2 of this act becomes effective at 12:01 a.m. on May 1, 2013.
3. Section 1 of this act expires by limitation on May 1, 2013.”.
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. 334.
Bill read second time and ordered to third reading.
Assembly Bill No. 339.
Bill read second time and ordered to third reading.
Assembly Bill No. 397.
Bill read second time and ordered to third reading.
Assembly Bill No. 423.
Bill read second time and ordered to third reading.
Assembly Bill No. 543.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 905.
Amend sec. 2, page 2, by deleting lines 1 and 2 and inserting:
“Sec. 2. The amendatory provisions of this act apply to a lawsuit that is commenced on or after the effective date of this act.”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 555.
Bill read second time and ordered to third reading.
Assembly Bill No. 632.
Bill read second time and ordered to third reading.
Assembly Bill No. 636.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 875.
Amend sec. 8, page 2, by deleting lines 12 through 14 and inserting: “a single‑family residence from the owner of the residence.”.
Amend sec. 10, page 2, by deleting lines 36 through 39 and inserting: “complaint with the board or its designee within 4 years after the completion of qualified services.”.
Amend sec. 14, page 4, line 26, by deleting the italicized semicolon and inserting an italicized period.
Amend sec. 14, page 4, by deleting line 29 and inserting: “money in the account. Except as otherwise provided in subsection 3, the expenditures made by the board pursuant to this paragraph must not exceed $10,000 in any fiscal year.”.
Amend sec. 14, page 4, lines 32 and 33, by deleting: “account, but not to exceed 10 percent of the account in any fiscal year,” and inserting “account”.
Amend sec. 14, page 4, by deleting line 37 and inserting: “in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the board”.
Amend sec. 14, page 4, line 38, by deleting “the expenditure”.
Amend sec. 14, page 4, between lines 39 and 40, by inserting:
“3. The total expenditures made by the board pursuant to this section must not exceed 10 percent of the account in any fiscal year.”.
Amend sec. 15, page 4, line 40, by deleting “1.”.
Amend sec. 15, pages 4 and 5, by deleting lines 42 and 43 on page 4 and lines 1 through 7 on page 5, and inserting “account.”.
Amend sec. 18, page 6, by deleting line 15 and inserting:
“(d) Any assessment required pursuant to section 9 of ”.
Amend sec. 20, page 8, line 11, by deleting “or 15”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 641.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 850.
Amend sec. 3, page 2, line 1, by deleting “action;” and inserting: “action in its own name and on its own behalf;”.
Amend sec. 3, page 2, line 11, by deleting “or”.
Amend sec. 3, page 2, by deleting line 14 and inserting: “violate a state statute; or
(c) Bring or maintain an action pursuant to subsection 1 on behalf of this state or as representative of the interests of this state or any of its agencies.”.
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. 666.
Bill read second time and ordered to third reading.
Assembly Bill No. 677.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 887.
Amend section 1, pages 1 and 2, by deleting lines 11 through 13 on page 1 and lines 1 and 2 on page 2 and inserting: “706.791, inclusive, if at the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee.”.
Amend section 1, page 2, by deleting lines 10 through 18 and inserting:
“3. Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the authority pursuant to NRS 706.476 was under the care, custody or control of a lessee and not the registered owner of the vehicle, the authority shall release the vehicle to the short-term lessor.”.
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 Joint Resolution No. 5 of the 69th Session.
Resolution read second time and ordered to third reading.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 9:20 a.m.
SENATE IN SESSION
At 9:30 a.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 469.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 917.
Amend sec. 2, page 2, line 10, by deleting “both”.
Amend sec. 2, page 2, by deleting line 16 and inserting:
“2. To charge the division of mental health and developmental services, and”.
Amend sec. 6, page 3, by deleting lines 1 through 9 and inserting:
“(b) Southern Nevada adult mental health services;
(c) Rural clinics; and
(d) Lakes Crossing center.
2. The division facilities providing services for mentally retarded persons and persons with related conditions are designated as:
(a) Desert regional center;
(b) Sierra regional center; and
(c) Rural regional center.”.
Amend sec. 8, page 4, by deleting lines 4 through 6 and inserting: “technician” means an employee of the division of mental health and developmental services or the division of child and family services who, for compensation or personal profit, carries out procedures and techniques”.
Amend sec. 8, page 4, line 11, by deleting “implementing” and inserting “carrying out”.
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. 3.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 3:
Yeas—21.
Nays—None.
Assembly Bill No. 3 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 173.
Bill read third time.
Conflict of interest declared by Senator James.
Roll call on Assembly Bill No. 173:
Yeas—20.
Nays—None.
Not Voting—James.
Assembly Bill No. 173 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 432.
Bill read third time.
The following amendment was proposed by Senator Amodei:
Amendment No. 948.
Amend sec. 3, page 1, line 13, by deleting “An” and inserting “1. An”.
Amend sec. 3, page 1, after line 15, by inserting:
“2. An optometrist who has been issued a certificate to treat persons diagnosed with glaucoma pursuant to section 5 of this act shall refer a patient diagnosed with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:
(a) The patient is under 16 years of age.
(b) The patient has been diagnosed with malignant glaucoma or neovascular glaucoma.
(c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering appropriate emergency treatment to the patient.
(d) The patient’s glaucoma is caused by diabetes, and, after joint consultation with a physician who is treating the diabetes and an ophthalmologist, the physician or ophthalmologist determines that the patient should be treated by an ophthalmologist. If an optometrist determines that a patient’s glaucoma is caused by diabetes, he shall consult with a physician and ophthalmologist in the manner provided in this paragraph.”.
Amend the title of the bill, third line, after “glaucoma” by inserting: “, under certain circumstances,”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 452.
Bill read third time.
The following amendment was proposed by Senator Washington:
Amendment No. 949.
Amend the bill as a whole by renumbering sections 1 through 10 as sections 2 through 11 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 482.245 is hereby amended to read as follows:
2. The certificate of ownership must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership must contain forms for notice to the department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of ownership is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate.Except as otherwise required by federal law, the certificate of ownership of a vehicle which the department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.”.
Amend the title of the bill, first line, after “vehicles;” by inserting: “prohibiting the inclusion of certain statements regarding mileage in certain certificates of ownership;”.
Amend the summary of the bill, first line, by deleting “Revises” and inserting: “Prohibits inclusion of certain statements regarding mileage in certificates of ownership of certain vehicles and revises”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 483.
Bill read third time.
Remarks by Senators Rawson, Neal, Jacobsen, O’Connell and James.
Roll call on Assembly Bill No. 483:
Yeas—21.
Nays—None.
Assembly Bill No. 483 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 535.
Bill read third time.
Roll call on Assembly Bill No. 535:
Yeas—21.
Nays—None.
Assembly Bill No. 535 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 574.
Bill read third time.
Roll call on Assembly Bill No. 574:
Yeas—21.
Nays—None.
Assembly Bill No. 574 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 576.
Bill read third time.
Remarks by Senators Rawson and Neal.
Roll call on Assembly Bill No. 576:
Yeas—15.
Nays—Care, Carlton, Coffin, Neal, Shaffer, Titus—6.
Assembly Bill No. 576 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 650.
Bill read third time.
Roll call on Assembly Bill No. 650:
Yeas—21.
Nays—None.
Assembly Bill No. 650 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 20.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 20:
Yeas—19.
Nays—Titus, Wiener—2.
Assembly Joint Resolution No. 20 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 21.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 21:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 21 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 197.
The following Assembly amendment was read:
Amendment No. 800.
Amend sec. 5, page 2, line 30, by deleting “11” and inserting “12”.
Amend sec. 5, page 3, line 2, by deleting “and ”.
Amend sec. 5, page 3, line 3, after “organization” by inserting: “in this state”.
Amend sec. 5, page 3, line 4, by deleting “abuse.” and inserting: “abuse; and
(7) One member who represents a national organization that provides advocacy and representation for mentally retarded persons. To the extent possible, the member appointed must be nominated by a statewide organization in this state that is affiliated with such a national organization or, if no such statewide organization exists, by a majority of the local affiliates in this state of such a national organization.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 197.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 297.
The following Assembly amendment was read:
Amendment No. 768.
Amend section 1, page 1, line 3, by deleting: “or conspires to engage”.
Amend sec. 2, page 2, by deleting line 7 and inserting: “that were committed before the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective upon passage and approval.”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 297.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 216, 377, 389, 492, 501, 528; Senate Joint Resolution No. 7; Assembly Bills Nos. 202, 265, 284, 439, 462, 509, 588, 639; Assembly Joint Resolution No. 2; Assembly Concurrent Resolution No. 3.
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 group representing Citizens for Independent Choices: Mary Jean Thomsen, Scott Youngs, Sue Kimball, Joe Arrascada, Marie Kimball, Betty Mayes, George Mayes, Jack Mayes, Gordon Dodd, Paul Gowins, Joe Bohl, Robert Desruisseaux, Andy Wysynzuk, Jim Greishaber, Chris Tower, Randy Tower, Ray Bottrell, Marie Miraecki, Mark De Vall, Diane Lundin, Fely Christensen, Leland Tobey, Carolyn Arnold and Relia Gregg.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Raymond Blaine Rawson, Lynn Rawson, Alex Rawson and Blake Rawson.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Shammy McLain, Telden McLain, Maliki McLain and Chandra Rhoads.
Senator Raggio moved that the Senate adjourn until Monday, May 17, 1999 at 10:30 a.m. and that it do so with good thoughts for Assemblywoman Jan Evans as requested by Senator Titus.
Motion carried.
Senate adjourned at 10:10 a.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate