THE ELEVENTH DAY
Carson City(Thursday), February 15, 2001
Senate called to order at 11:16 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Townsend, who was excused.
Prayer by the Chaplain, Reverend Elaine Morgan.
“This is the day that the Lord has made. Let us rejoice and be glad.” Lord, open our ears, eyes and hearts to the needs of all of Your people. Help us to show our gratitude for Your steadfast love by displaying steadfast understanding and service and love to others. Bless the efforts of all of our Senators as they strive to do Your work as they understand it. In our Lord’s Holy 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 pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources:
Senate Joint Resolution No. 2—Expressing opposition to the designation of a national monument by the President of the United States without obtaining the approval of each state and local government in which the national monument is located.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By Senator O'Connell:
Senate Joint Resolution No. 3—Proposing to amend the Constitution of the State of Nevada to provide that certain orders from courts which command or compel the state or its political subdivisions to levy or increase taxes are not binding unless approved by the legislature.
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That sections 2 and 18 of article 4 of the Constitution of the State of Nevada be amended to read respectively as follows:
Sec. 2. 1. The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature [by proclamation.] for a special session in accordance with subsection 4.
2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
3. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.
4. The Governor, by proclamation:
(a) May convene the Legislature for a special session in accordance with section 9 of article 5 of this constitution.
(b) Shall convene the Legislature for a special session not later than 45 calendar days after the date on which the Governor receives a petition signed by a majority of the members elected to each House of the Legislature calling for a special session to consider whether to approve a court order in accordance with section 1A of article 6 of this constitution and setting forth the court order to be considered during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the topics to be considered by the Legislature during the special session by including such topics in the proclamation convening the special session or by calling such topics to the attention of the Legislature during the special session.
Sec. 18. 1. Every bill, except a bill placed on a consent calendar adopted as provided in subsection 4, must be read by sections on three several days, in each House, unless in case of emergency, two thirds of the House where such bill is pending shall deem it expedient to dispense with this rule. The reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays to be entered on the journals of each House. Except as otherwise provided in subsection 2, a majority of all the members elected to each house is necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed, shall be signed by the presiding officers of the respective Houses and by the Secretary of the Senate and Clerk of the Assembly.
2. Except as otherwise provided in subsection 3[,] and section 1A of article 6 of this constitution, an affirmative vote of not fewer than two-thirds of the members elected to each house is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.
3. [A] Except as otherwise provided in this subsection, a majority of all [of] the members elected to each house may refer any measure which creates, generates, or increases any revenue in any form to the people of the State at the next general election, and the measure shall become effective and enforced only if it has been approved by a majority of the votes cast on the measure at such election. The provisions of this subsection do not apply to any measure considered by the Legislature in accordance with section 1A of article 6 of this constitution.
4. Each House may provide by rule for the creation of a consent calendar and establish the procedure for the passage of uncontested bills.
And be it further
Resolved, That a new section be added to article 6, and sections 1, 2, 4, 6 and 8 of article 6 of the Constitution of the State of Nevada be amended to read respectively as follows:
Sec. 1A. 1. If, as a remedy for any omission or violation under this constitution, a court other than the supreme court enters or issues an order that commands or compels the state or a political subdivision to levy or increase a tax to comply with the order, the order is not binding on the state or political subdivision unless:
(a) The supreme court affirms the order on an appeal certified to the supreme court pursuant to subsection 2; and
(b) At a regular or special session of the legislature, a majority of the members elected to each house of the legislature passes a concurrent resolution that approves the order in the form affirmed by the supreme court.
2. If a court other than the supreme court enters or issues an order described in subsection 1, not later than 30 calendar days after the date on which the court enters or issues the order, the court shall certify the order to the supreme court for expedited appellate review. The supreme court shall:
(a) Adopt rules of procedure for appeals certified to the supreme court pursuant to this subsection, including, without limitation, rules that provide for expedited consideration of each appeal certified to the supreme court pursuant to this subsection.
(b) To the extent practicable and except as otherwise provided in this subsection, hear and decide appeals certified to the supreme court pursuant to this subsection in the same manner that the supreme court hears and decides appeals in civil cases arising in district courts. If the legislature has provided by law for the hearing and decision of cases by panels of justices pursuant to section 2 of this article, an appeal certified to the supreme court pursuant to this subsection must not be heard or decided by such a panel but must be heard and decided by the full court.
(c) By written opinion, render a decision on the merits of each appeal certified to the supreme court pursuant to this subsection. The clerk of the supreme court shall transmit a copy of each such decision of the supreme court to the speaker of the assembly and the president pro tempore of the senate.
3. If, as a remedy for any omission or violation under this constitution, the supreme court, in the exercise of its original jurisdiction or in the exercise of its appellate jurisdiction in circumstances other than an appeal certified to the supreme court pursuant to subsection 2, enters or issues an order that commands or compels the state or a political subdivision to levy or increase a tax to comply with the order, the order is not binding on the state or political subdivision unless, at a regular or special session of the legislature, a majority of the members elected to each house of the legislature passes a concurrent resolution that approves the order in the form entered or issued by the supreme court.
4. If the legislature approves an order pursuant to this section, any court having jurisdiction over the order may:
(a) Enforce, amend, modify, suspend, reverse, vacate or withdraw the order in the same manner as any other order entered or issued in a civil case; or
(b) Take any other appropriate action with regard to the order.
5. The legislature shall not provide by rule or law that a concurrent resolution passed pursuant to this section must be presented to or approved by the governor.
6. The provisions of this section apply to any order described in subsection 1 or 3 that is entered or issued on or after the effective date of this section, including, without limitation, any such order that is entered or issued in a case or proceeding that was commenced before the effective date of this section.
7. As used in this section:
(a) “Order” means any preliminary, provisional, interlocutory, interim, temporary, permanent or final order, declaration, injunction, judgment, decision, decree, writ, warrant, summons, citation, mandate, command, directive or process that is entered or issued by a court pursuant to its constitutional power, its inherent judicial power, the common law, statutory law or any other source of power, law or equity.
(b) “Political subdivision” means a political subdivision of the state or an officer or employee of a political subdivision of the state.
(c) “State” means the state or an officer or employee of the state.
Section 1. [The] Except as otherwise provided in section 1A of this article, the Judicial power of this State shall be vested in a court system, comprising a Supreme Court, District Courts, and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.
Sec. 2. 1. The supreme court consists of the chief justice and two or more associate justices, as may be provided by law. In increasing or diminishing the number of associate justices, the legislature shall provide for the arrangement of their terms so that an equal number of terms, as nearly as may be, expire every 2 years.
2. [The] Except as otherwise provided in section 1A of this article, the legislature may provide by law:
(a) If the court consists of more than five justices, for the hearing and decision of cases by panels of no fewer than three justices, the resolution by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.
(b) For the places of holding court by panels of justices if established, and by the full court.
Sec. 4. 1. The supreme court shall have appellate jurisdiction [in] :
(a) In all civil cases arising in district courts . [, and also on]
(b) On questions of law alone , in all criminal cases in which the offense charged is within the original jurisdiction of the district courts.
(c) In all cases certified to the supreme court for expedited appellate review pursuant to section 1A of this article.
2. The supreme court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction.
3. Each of the justices of the supreme court shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district court in the state or before any judge of said courts.
4. In case of the disability or disqualification, for any cause, of the chief justice or one of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in the supreme court.
Sec. 6. 1. The District Courts in the several Judicial Districts of this State [have] :
(a) Have original jurisdiction in all cases excluded by law from the original jurisdiction of [justices’ courts. They also] Justices’ Courts.
(b) Except as otherwise provided in section 1A of this article, have final appellate jurisdiction in cases arising in Justices ’ Courts and such other inferior tribunals as may be established by law.
2. The District Courts and the Judges thereof have power to issue writs of Mandamus, Prohibition, Injunction, Quo[-]Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction. The District Courts and the Judges thereof shall also have power to issue writs of Habeas Corpus on petition by, or on behalf of , any person who is held in actual custody in their respective districts, or who has suffered a criminal conviction in their respective districts and has not completed the sentence imposed pursuant to the judgment of conviction.
[2.] 3. The legislature may provide by law for:
(a) Referees in district courts.
(b) The establishment of a family court as a division of any district court and may prescribe its jurisdiction.
Sec. 8. 1. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.
[The]
3. Except as otherwise provided in section 1A of this article, the Legislature shall [also] prescribe by law the manner[,] and determine the cases in which appeals may be taken from Justices and other courts.
4. The Supreme Court, the District Courts, and such other Courts, as the Legislature shall designate, shall be Courts of Record.
And be it further
Resolved, That section 8 of article 15 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 8. 1. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court, as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person . [; Provided, that]
2. Except as otherwise provided in section 1A of article 6 of this constitution, no judgment of the Supreme Court shall take effect and be operative until the Opinion of the Court in such case shall be filed with the Clerk of said Court.
Senator O'Connell moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
By Senator Rhoads:
Senate Concurrent Resolution No. 4—Adopting requirements for the overall characteristics of the congressional districts in this state for the purposes of reapportionment and redistricting by the 71st session of the Nevada Legislature.
Senator Rhoads moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources:
Senate Concurrent Resolution No. 5—Directing the Legislative Commission to conduct an interim study concerning the quality and quantity of ground water within the State of Nevada.
Senator Rhoads moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By the Committee on Natural Resources:
Senate Concurrent Resolution No. 6—Directing the Legislative Commission to conduct an interim study concerning wilderness areas and wilderness study areas in this state.
Senator Rhoads moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senators Wiener, Rawson, Townsend, Schneider, Washington, Amodei and Mathews:
Senate Concurrent Resolution No. 7—Encouraging Family Resource Centers to work closely with the Aging Services Division of the Department of Human Resources to provide information to the public regarding services that are available for senior citizens.
Senator Wiener moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Natural Resources:
Senate Concurrent Resolution No. 8—Directing the Legislative Commission to conduct an interim study relating to the establishment, use and maintenance of certain roads in this state.
Senator Rhoads moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senator Rawson:
Senate Concurrent Resolution No. 9—Directing the Legislative Commission to conduct an interim study of the feasibility of constructing a highway between Mesquite and Caliente.
Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By the Committee on Judiciary:
Senate Concurrent Resolution No. 10—Urging various persons and entities to coordinate their efforts to promote economic development and diversification in this state.
Senator James moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Concurrent Resolution No. 11—Endorsing the creation of business divisions of the district courts in the Second and Eighth Judicial Districts through the adoption of court rules developed by the Business Court Task Force.
Senator James moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Senate Bill No. 136—AN ACT relating to labor; eliminating the exclusion of certain employees from the provisions requiring additional compensation for overtime; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 137—AN ACT relating to courts; increasing the number of district judges in the second judicial district; increasing the number of district judges in the second judicial district who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 138—AN ACT relating to the Colorado River commission; exempting the commission from the provisions of the State Budget Act; requiring submission of the commission’s proposed budget to the chief of the budget division of the department of administration for his information in preparing the proposed executive budget; establishing the format in which the budget of the commission must be submitted to the legislature and the basis for information concerning future state revenue in that budget; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 139—AN ACT relating to administrative assessments; revising the manner in which the assessments are distributed; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 140—AN ACT relating to education; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring boards of trustees to pay the increase of salary retroactively under certain circumstances; making an appropriation to the department of education to pay for certain costs of public school teachers related to acquiring certification by the National Board for Professional Teaching Standards; making appropriations to the Clark County school district for the recruitment and training of teachers; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 141—AN ACT relating to the state fire marshal; establishing the hazardous materials section in the state fire marshal division of the department of motor vehicles and public safety; revising provisions governing the accounting and use of certain revenue derived by the state fire marshal; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 142—AN ACT relating to education; making an appropriation to the Washoe County School District for the creation of a pilot program to expand instruction in kindergarten at selected elementary schools; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 143—AN ACT relating to substance abuse; making appropriations to the Second and Eighth Judicial District Courts for continuation of programs of treatment for the abuse of alcohol or controlled substances; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 144—AN ACT relating to the governor; requiring the department of administration to budget for certain transitional expenses of the governor-elect; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 145—AN ACT relating to the financial support of education; revising the dates for the apportionments of money from the state distributive school account among the school districts and charter schools; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 146—AN ACT relating to the office of the lieutenant governor; removing the employees of the office of the lieutenant governor from the classified and unclassified service of the state; requiring the lieutenant governor to adopt certain rules and policies and determine the salaries and benefits of the employees of the office of the lieutenant governor; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 147—AN ACT relating to education; requiring the Washoe County School District to create a pilot program to increase the educational opportunities available to pupils who are enrolled in junior high schools, middle schools and high schools; authorizing the Washoe County School District to employ teachers, instructors and professors from the University and Community College System of Nevada to teach in junior high schools, middle schools and high schools within the school district; making an appropriation to the Washoe County School District for the support of the pilot program; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 148—AN ACT relating to educational personnel; revising the provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; authorizing transfers of money from the state distributive school account to continue the operation of the regional training programs for the professional development of teachers and administrators and to provide 1 additional day of professional development for teachers; making an appropriation for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Washington:
Senate Bill No. 149—AN ACT relating to education; authorizing the parents of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 150—AN ACT relating to county government; authorizing a board of county commissioners to provide by ordinance for civil liability for a person who violates certain ordinances relating to the control of animals; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 151—AN ACT relating to county employees; authorizing a board of county commissioners to establish an amount to be paid each month to elected and appointed officers as reimbursement for traveling by private conveyance; authorizing a board of county commissioners to provide by order for additional annual leave for certain officers and employees; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 152—AN ACT relating to state emblems; designating the soil known as Orovada series soil as the official soil of this state; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Schneider:
Senate Bill No. 153—AN ACT relating to cosmetology; requiring the state board of cosmetology to provide examinations for licensure as a cosmetologist in English and Spanish; establishing a procedure pursuant to which the board may offer examinations for licensure as a cosmetologist in other languages; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Schneider:
Senate Bill No. 154—AN ACT relating to workers’ compensation; establishing a limit on attorney’s fees for the representation of an injured employee to obtain workers’ compensation benefits; authorizing an attorney under certain circumstances to request attorney’s fees that exceed the limit; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Washington:
Senate Bill No. 155—AN ACT relating to cities; authorizing a change in the boundaries of certain cities to become effective in certain circumstances within a specified period before certain elections; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senators Shaffer, Care and Titus:
Senate Bill No. 156—AN ACT relating to taxation; increasing and providing for the adjustment of the amount of the exemptions from property and vehicle privilege taxes for veterans and veterans’ organizations; increasing the maximum amount that the state treasurer may accept from certain persons for credit to the veterans’ home account; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Shaffer:
Senate Bill No. 157—AN ACT relating to historic districts; revising the duties of the Comstock historic district commission; requiring the board of county commissioners of certain counties to establish certain historic districts within those counties; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 158—AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for the creation of regional strike teams to assist in the suppression of fires; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 159—AN ACT relating to water; extending to all counties the recognition of the importance of domestic wells as appurtenances to private homes and the creation of a protectible interest in such wells; eliminating the requirement for a copy of the notice of application for certain proposed wells to be mailed to certain owners of real property containing domestic wells; requiring the state engineer to reject certain applications to apply water to a beneficial use if the proposed use or change conflicts with protectible interests in existing domestic wells; eliminating certain provisions governing permits for wells; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 160—AN ACT relating to forestry; creating the position of seed bank coordinator within the division of forestry of the state department of conservation and natural resources; making an appropriation to the division for that purpose; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 161—AN ACT relating to water controls; requiring an applicant for a permit to operate certain privately owned public water systems to provide documentation that the applicant possesses water rights that are sufficient to operate the system; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 162—AN ACT making an appropriation to the legislative fund for use by the Legislative Committee on Public Lands in awarding grants or expending money for certain projects relating to public lands; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 163—AN ACT relating to local governments; requiring cities and counties to require by ordinance certain persons who inspect buildings or perform a similar function to comply with certain requirements for certification and continuing education; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator O'Connell:
Senate Bill No. 164—AN ACT relating to public securities; contingently authorizing the purchase of municipal and revenue securities by the state for the improvement, acquisition and construction of facilities for certain public schools; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 165—AN ACT relating to education; revising provisions governing the accountability of public schools; revising provisions governing the requirements for a person to take the tests of general educational development; revising provisions governing the count of pupils and the calculation of basic support under certain circumstances; revising provisions governing the reporting of results of certain achievement and proficiency examinations; revising the requirements for a course in American government and a course in American history; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 166—AN ACT relating to health care; requiring the department of human resources to include continuous subcutaneous insulin infusion pumps and podiatric services in the state plan for Medicaid to the extent authorized by federal law; making an appropriation to the department to provide such services; making an appropriation to the University of Nevada School of Medicine for the program administered by the Pediatric Diabetes and Endocrinology Center; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 167—AN ACT relating to the administration of public health; expanding the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens to include persons with disabilities who have modest incomes; clarifying that certain revenues deposited in the fund for a healthy Nevada may be expended on programs to improve the health or well-being of children and persons with disabilities; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Rawson:
Senate Bill No. 168—AN ACT relating to educational personnel; requiring the commission on professional standards in education to adopt regulations prescribing objective criteria and qualifications for a system of classification for the licensure of teachers; authorizing a licensed teacher to apply to the board of trustees of the school district in which he is employed for a mentor or master classification; requiring the boards of trustees of school districts to pay augmented salaries to teachers who hold licenses with mentor or master classifications; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Rawson:
Senate Bill No. 169—AN ACT relating to legislative measures; requiring the preparation of a report on the effect of legislation that requires a policy of health insurance to provide coverage for any treatment or service; providing for the distribution of the report to the members of the legislature and to the governor; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senators Rawson, James, Wiener, Titus, McGinness, Shaffer; Assemblymen Arberry, Mortenson, Manendo, Dini and Perkins:
Senate Bill No. 170—AN ACT relating to the promotion of culture; creating an endowment fund for arts and humanities; revising the powers and duties of the state arts council; making an appropriation; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Rawson; Assemblymen Berman and Beers:
Senate Bill No. 171—AN ACT relating to gaming; revising the standards for designation of gaming enterprise districts in certain locations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Rawson:
Senate Bill No. 172—AN ACT relating to weapons; removing the limitation on the number of firearms for which a permit to carry concealed firearms may be issued; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 173—AN ACT relating to crimes; prohibiting bestiality; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senators Rawson, Titus; Assemblymen Marvel, Giunchigliani, Parks, Leslie and Buckley:
Senate Bill No. 174—AN ACT relating to persons with disabilities; requiring cooperative efforts to enable existing state programs to make available community-based services for the provision of essential personal assistance to certain of those persons and to establish a program to ensure the adequacy of those services; making an appropriation; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senators Schneider, Neal, Mathews, Wiener, Care, Titus, Shaffer; Assemblymen Giunchigliani, Parks, Beers, Carpenter, Chowning, Humke, Manendo and Nolan:
Senate Bill No. 175—AN ACT relating to disabled persons; creating an exception for certain organizations to the competitive bidding process for purchasing by local governments; creating the committee on employment of persons with disabilities in the department of business and industry; requiring the committee to establish a program for the purchase of commodities and services from certain organizations by agencies of state and local government; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Titus:
Senate Bill No. 176—AN ACT relating to common-interest communities; authorizing the use of a mechanical voting system in conducting an election of the executive board in certain common-interest communities; providing that a unit-owners’ association may enter into an agreement to use the mechanical voting system of a governmental entity; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Titus:
Senate Bill No. 177—AN ACT relating to fuels; removing low-sulfur diesel fuel from the types of fuel that can be used as an alternative fuel for certain fleets of motor vehicles; requiring the state environmental commission to review and amend certain regulations; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, Neal, O'Donnell, Porter, Schneider, Shaffer and Wiener:
Senate Bill No. 178—AN ACT making an appropriation to the Nevada Test Site Historical Foundation for expenses related to the operation of the foundation; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 179—AN ACT relating to evidence; providing that the statement of a child regarding physical abuse is admissible in a criminal proceeding under certain circumstances; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 180—AN ACT relating to crimes; prohibiting the suspension of sentence or granting of probation to persons convicted of certain sexual offenses involving victims who are minors; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 181—AN ACT relating to the judiciary; authorizing justices of the supreme court and judges of the district court to receive reduced retirement payments during their retirement in exchange for providing payments to a designated beneficiary who survives the justice or judge for the lifetime of the designated beneficiary; revising the formula for the calculation of retirement benefits of justices and judges; allowing a justice or judge who retired under the public employees’ retirement system and who is recalled to active service to earn credit toward a supplemental pension; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 182—AN ACT relating to criminal procedure; removing the authority for a private person to take an arrested person before the nearest magistrate following an arrest; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 183—AN ACT relating to crimes; revising the provisions governing sexual conduct between pupils and persons who are in positions of authority at schools; providing penalties; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 184—AN ACT relating to the judicial system; adjusting prospectively the salaries of supreme court justices and district court judges; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 185—AN ACT relating to real property; making various changes concerning construction, constructional defects and common-interest communities; providing a penalty; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Schneider:
Senate Bill No. 186—AN ACT relating to property; requiring the real estate division of the department of business and industry to prescribe a form for use in a contract for the sale of residential property; requiring a real estate broker, real estate broker-salesman or real estate salesman to provide the form to a client under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Rhoads; Assemblymen Carpenter and Marvel:
Senate Bill No. 187—AN ACT making a contingent appropriation to the Western Folklife Center for completion of the renovation of the Pioneer Hotel Building that houses the Center; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Rhoads:
Senate Bill No. 188—AN ACT making an appropriation to the Elko Senior Activities Program, Inc., for expenses related to the maintenance of the Elko Senior Citizens Center; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 189—AN ACT making an appropriation to the Elko Chamber of Commerce Inc. for the construction of a kiosk; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
CONSENT CALENDAR
Senate Bill No. 17.
Bill read.
Roll call on Senate Bill No. 17:
Yeas—20.
Nays—None.
Excused—Townsend.
Senate Bill No. 17 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
REMARKS FROM THE FLOOR
Senator O'Connell requested that Senator James' remarks be entered in the Journal.
Senator James:
I would like to introduce to you my father, John James, who has recently retired from the University of Nevada, Reno.
During his distinguished career, my father has been a weather forecaster for the Lake Tahoe area, founder of a prestigious college, university professor and the State Climatologist.
While he was a weather forecaster, his expertise was greatly depended upon by many, and eventually, he started the Mountain West Weather Service. My father is a highly respected environmentalist in our State. He has taught environmental science at the University of Nevada, Reno, for many years, and in 1969, he wrote an article for a Lake Tahoe magazine, which began, “In 400 B.C. the poet, Homer, wrote that Rome is blackened by smoke.” The article explained the problems the State was facing with air pollution at Lake Tahoe and throughout many areas of northern Nevada. At that time, most people felt air pollution was a problem in Los Angeles and not a problem in Nevada. We now face severe problems with air pollution both in northern and southern Nevada, issues we will address during this legislative session. My father was a visionary on the subject of air pollution.
He was one of the founders of Sierra Nevada College. He ended his affiliation with the College to begin teaching full time at the University of Nevada, Reno. Sierra Nevada College is one of the most distinguished small schools of its kind throughout the country.
I am very proud of my dad. He is the State Climatologist, appointed to that position by Senator Bryan in 1985. Unfortunately, when the position was created, no budget was given to him until Senator Bob Coffin sponsored a bill creating a budget for the office. My father is working in the building, which was the Carson City Observatory, the official weather station for Nevada. He is now working with Guy Rocha to archive the weather records of Nevada which were generated by that observatory.
Senator O'Donnell requested that his remarks be entered in the Journal and placed on the Internet until June 5, 2001.
I rise to tell you, Mr. President pro Tempore, that I have an absolutely wonderful Transportation Committee. Each and every one of them brings a remarkable and diverse background to the committee. I am very proud to serve with them, and even though we may not agree on every item, we will do great things for our constituents this year.
I was disappointed and perplexed as to Mr. Jon Ralston’s comments regarding the Transportation Committee. Mr. Ralston, to my knowledge, has never visited with any member of my committee nor me, nor has he been present at any of our meetings. It is unfair to make cruel and heartless comments and backhanded innuendos about the members or the purpose of the Transportation Committee. We know that Mr. Ralston is going through some difficult times in his life now. However, we know who we are on the Transportation Committee and wish Jon well. What we put down on paper is a reflection of who we are. But, to the contrary, Mr. Ralston, it’s not “poor O'Donnell” but “privileged O'Donnell,” to be able to serve with such intelligent and honorable Senators as Senators Carlton, Care, Washington, Amodei, Shaffer and Jacobsen on the Transportation Committee.
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 Doug Homestead.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to John James.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Stan Wallis and Jim Williams.
Senator Raggio moved that the Senate adjourn until Friday, February 16, 2001 at 10:30 a.m.
Motion carried.
Senate adjourned at 12:15 p.m.
Approved:Lawrence E. Jacobsen
Attest: Claire J. Clift
Secretary of the Senate