THE SIXTIETH DAY
Carson City(Thursday), April 5, 2001
Senate called to order at 11:25 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, Pastor Sami Perez.
Dear Father,
We are at a time when the economic and technical upheaval of state, nation and the world is greatly changing the lives of men and women, no matter what age, or political preference, religion, color or work ethic more than any other revolution of this generation. It is difficult to keep the correct perspective when facing such a great wall of change. With Your help, Heavenly Father, they will be able to do this during the rest of this session.
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 was referred Senate Bill No. 373, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which were referred Senate Bill No. 116; Assembly Bills Nos. 12, 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Maurice Washington, Vice-Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 15, 32, 214, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Mr. President pro Tempore:
Your Committee on Taxation, to which were referred Senate Bills Nos. 221, 389, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness, Chairman
WAIVERS AND EXEMPTIONS
Notice of Exemption
April 4, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bill No. 409.
Also, the Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bill No. 278 which:
(d) Creates or increases any significant fiscal liability of the state.
Gary Ghiggeri
Fiscal Analysis Division
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 135, 241, be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator Raggio.
Motion carried.
By Senators McGinness, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 29—Designating April 5, 2001, as Kiwanis Day in the State of Nevada.
Whereas, Eighty-six years ago the “Benevolent Order Brothers” was organized in Detroit, Michigan, on January 21, 1915, with the goal of having “a mutual exchange of preferred treatment in professional and business dealings”; and
Whereas, The following year the club’s name was changed to “Kiwanis,” a form of “Nunc Kee-wanis,” an Otchipew Native American phrase which means “We make a noise,” “We have a good time” or “We trade or advertise”; and
Whereas, The members of Kiwanis work toward six principles, (1) the primacy of spiritual values, (2) living by the Golden Rule, (3) adhering to high standards, (4) engendering strong citizenship, (5) building better communities through service, and (6) assisting in the formation of sound public opinion; and
Whereas, Since 1917, the California, Nevada and Hawaii district, CAL-NEV-HA, has become the largest district in Kiwanis International; and
Whereas, The State of Nevada is proud of its own divisions, which consist of Division 23 of Northern Nevada, Division 28 of Southern Nevada and Division 45 of Central Nevada, for their long history of service to communities in this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby designate April 5, 2001, as Kiwanis Day in the State of Nevada, in recognition of the dedication toward helping others and the accomplishments achieved by the members of Kiwanis while serving their communities; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor R. Tom Vildibill, Sr., Governor-Elect James G. Mason and Lieutenant Governors Marshall Roberson of Division 23, Peter Falger of Division 28 and Michael R. Mader of Division 45.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
I urge my colleagues to support this resolution. I have been a member of the Kiwanis Club of Fallon, Nevada, for a long time. The governor of the Cal-Neva District wanted me to indicate how we look to all service organizations for the good things they do.
My future father-in-law encouraged me to join Kiwanis. They do good things for the community. One thing, which impresses me about Kiwanis, is that Kiwanis has separate accounts for projects and administrations. Any money that is raised in the community through pancake breakfasts or any other event stays in that separate account and has to be accounted for separately. If there is any money to send them to conventions or if they need postage, the club has to raise the funds through another source. They usually find the money by fining the members for various infractions.
On behalf of the Kiwanis Club, I would like to talk about Governor R. Tom Vildibill, Sr.’s program this year. His theme is “Serving our world one community at a time.” One of the programs is beautifying America. This year they are planting 50,000 trees and have already reached that goal. First lady, Shirley, has a grant program called “A Hope for Kids” for homeless children and families. On behalf of the Kiwanis clubs, I urge your support of this resolution.
Resolution adopted.
Senator McGinness moved that all rules be suspended and that Senate Concurrent Resolution No. 29 be immediately transmitted to the Assembly.
Motion carried unanimously.
By Senators McGinness, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Neighbors, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 30—Congratulating Mineral County High School girls’ basketball team for winning the 2000 and 2001 state championships.
Whereas, On February 23, 2001, the crowd at Lawlor Events Center watched as the “Lady Serpents” of Mineral County High School played a stunning game against the Lovelock “Mustangs” to win the girls’ class 2A state basketball championship; and
Whereas, This year’s win marks an unprecedented seventh state championship title in eight seasons for the “Lady Serpents” and follows the team’s capture of the class 3A state championship in February 2000, when they held a reputation as Nevada’s best girls’ basketball team in any class; and
Whereas, The girls’ pride in continuing the winning tradition of the “Lady Serpents” gave them the determination to prevail against larger schools this season and win an eighth consecutive zone title for the school; and
Whereas, The Mineral County High School girls’ basketball team was led to victory again this year by Head Coach Dave Gelmstedt with help from Assistant Coach George Winters and Managers Gail Trujillo, Jessica Vinson and Shiela Hoferer; and
Whereas, According to Coach Gelmstedt, the “Lady Serpents” have become the pride of Mineral County, overcoming adversity and battling the odds, led by only one senior this year, to capture the state title in a new league; and
Whereas, The team members for this year’s championship season include Sandhya Bhakta, Ciera Cammarata, Allison Dow, Crystal Gilbert, Tana Gurule, Amanda Holland, Delicia Jernigan, Denise Koscinski, Sidney Orndorff and Emily Wilson; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature do hereby extend their congratulations to the Mineral County High School girls’ basketball team for winning the 3A state championship in 2000 and the 2A state championship in 2001; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Donna Webster, Principal of Mineral County High School and to Head Coach David Gelmstedt.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
To those of you who have been here for a couple of sessions, we have done a resolution like this for the past three sessions. That means this winning streak has gone on for a long time. Since we meet only every other year, I am happy to continue the honor of welcoming the Mineral County High School Girls’ Basketball Team and congratulating them on their outstanding performance. The resolution tells of the outstanding work they have done. They are amazing young ladies. I would imagine any young girl in the fifth or sixth grade would feel tremendous pressure to follow these young ladies. The first team that does not keep up the tradition will be in big trouble, but I don’t see this happening too soon. I urge your support of this resolution.
Resolution adopted.
Senator McGinness moved that all rules be suspended and that Senate Concurrent Resolution No. 30 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Care moved that Senate Bill No. 236 be taken from the Secretary's desk and placed on General File.
Remarks by Senator Care.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 65.
Bill read second time and ordered to third reading.
Senate Bill No. 112.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 160.
Amend sec. 3, page 2, line 26, by deleting “director” and inserting: “director, after consulting with eligible entities,”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 347.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 1.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 80.
Amend the preamble of the resolution, page 1, line 10, by deleting “has” and inserting: “and the United States Forest Service have”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the General File.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 36, 236, be placed at the top of the General File.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 36.
Bill read third time.
The following amendment was proposed by Senator James:
Amendment No. 183.
Amend section 1, page 2, by deleting lines 7 through 9 and inserting: “[it] the court shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property. If the court determines that the property is subject to forfeiture, [it] the court shall so decree. The property , including any interest accrued pursuant to subsection 2 of NRS 179.1175, must be forfeited to the plaintiff,”.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 4 through 6 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 179.1175 is hereby amended to read as follows:
179.1175 1. [After] Except as otherwise provided in subsection 2, after property has been seized the agency which seized the property may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency for the storage of that type of property; or
(c) Remove the property to an appropriate place for disposition in a manner authorized by the court.
2. If an agency seizes currency, unless otherwise ordered by the court, the agency shall deposit the currency in an interest-bearing account maintained for the purpose of holding currency seized by the agency.
3. When a court declares property to be forfeited, the plaintiff may:
(a) Retain it for official use;
(b) Sell any of it which is neither required by law to be destroyed nor harmful to the public; or
(c) Remove it for disposition in accordance with the applicable provisions of NRS.
Sec. 3. NRS 179.118 is hereby amended to read as follows:
179.118 1. The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.
2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.
(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (e) of subsection 1 of NRS 62.211.”.
Amend the title of the bill, second line, after “property;” by inserting: “enacting provisions pertaining to the seizure of currency;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing forfeiture of property. (BDR 14-14)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James, Coffin and Neal.
Amendment adopted.
Resolution ordered reprinted, re-engrossed and to the General File.
Senate Bill No. 236.
Bill read third time.
The following amendment was proposed by Senator Care:
Amendment No. 170.
Amend section 1, page 1, line 3, by deleting “If” and inserting: “Except as otherwise provided in this subsection, if”.
Amend section 1, page 1, line 11, after “week.” by inserting: “The parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive a different amount of tutoring than is required by this subsection.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Resolution ordered reprinted, re-engrossed and to the General File.
Senate Bill No. 34.
Bill read third time.
Roll call on Senate Bill No. 34:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 34 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 70.
Bill read third time.
Roll call on Senate Bill No. 70:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 70 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 87.
Bill read third time.
Remarks by Senators Raggio and Wiener.
Roll call on Senate Bill No. 87:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 87 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 93.
Bill read third time.
Remarks by Senators Neal and Porter.
Roll call on Senate Bill No. 93:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 93 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 100.
Bill read third time.
Roll call on Senate Bill No. 100:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 100 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 124.
Bill read third time.
Roll call on Senate Bill No. 124:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 124 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 172.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Senate Bill No. 172:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 172 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 179.
Bill read third time.
Roll call on Senate Bill No. 179:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 179 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 281.
Bill read third time.
Roll call on Senate Bill No. 281:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 281 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 286.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Senate Bill No. 286:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 286 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 318.
Bill read third time.
Roll call on Senate Bill No. 318:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 318 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 336.
Bill read third time.
Roll call on Senate Bill No. 336:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 336 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 406.
Bill read third time.
Remarks by Senators Neal and Amodei.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Neal:
This bill seems to create a change in public policy from the past. I would like an explanation and have it included in the record.
Senator Amodei:
Senate Bill No. 406 represents a proposal to add another exception to the already existing exceptions in law against self-referral. You will find that exception on page 2, paragraph (g) of the bill under subsection 2. The exception would allow, in rural counties only, not Washoe County or Clark County, the investment of funds for a surgical hospital which is defined as one where the stay is 72 hours or less. It would allow physicians, under the criteria on the remainder of page 2, to make referrals to hospitals in which they are an owner.
There are numerous things they have to do before they can, arguably, do that. They have to agree to provide Medicare/Medicaid services. The governing body of every other hospital, under subparagraph (8), sub-subparagraph (I), of the bill in the area in which they serve, must agree to this. The board of county commissioners must also agree to it. Looking at page 3, at the bottom, you will note there is a revenue provision that says if this, in any way, shape or form, affects the existing hospital in a negative financial sense, you cannot do it.
Quite frankly, the measure is an attempt, in the rural areas, to provide another tool to entice infrastructure investment in a limited hospital sense. This does not mean you can build a general hospital under any circumstances as a physician and refer to it. It only applies to what is called a surgical hospital with a 72‑hour stay or less. In this day and age, when it is difficult to keep existing facilities in the rural areas open, much less profitable, this is seen as another, potential tool to engage care providers in underserved settings to be part of the solution if they so elect to provide the infrastructure that is needed in those areas.
Roll call on Senate Bill No. 406:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 406 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 150, 151, be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Bill No. 59; Senate Concurrent Resolutions Nos. 27, 28.
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 the following students from the Fritsch Elementary School: Randy Campos, Matthew Cervantes, Joseph Cormer, Ernesto Cortez, Daniel Deitz, Brandon Hales-Watkins, Jared Helget, Shane Higgins, Justin McDougall, Aaron Molter, Manuel Rosas, Brian Smith, Jeramy Tronson, Brett Valley, Melissa Arrington, Tatum Boehnke, Lupe Cruzaley, Chloe Debacco, Jessica Dosch, Ramona Franklin, Cassandra Gonzales, Maggie Jesse, Alyssa Ketchum, Juel Kuckenmeister, Lisa Liu, Maria Neva, Tiffany O’Day, Kailey Taylor, Valeri Wilson, Melissa Allen, Brian Ardinger, Kyle Bailey, Sean Beard, Zachary Bibee, Tyler Brown, Kyrsten Burke, Mallory Down, Alex Fink, Mary Franklin, Bryan Fulkerson, Brandi House, Amy Howard, Julia Lapham, Jessica Llamas, William Moncada, Ryan Northway, Elisabeth Rodriguez, Rachel Rohrer, Jeremy Thompson, Adam Young, Michael Spence, Nik Woodburn, Manuel Villarreal, David Bond, Amber Hildreth, Jessica Sundquist, Michelle Simpson, Oscar Salazar, Angie Bowman; teachers: Ms. Spofford and Mr. Soderstrom.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following officers of the Kiwanis: R. Tom Vildibill, Sr., Shirley Vildibill, Marshall Roberson, Michael R. Mader, Jenny Mader and the following Mineral County Girls’ basketball coaches: Dave Gelmstedt, George Winters; team members: Jessica Vinson, Shiela Hoferer, Sandhya Bhakta, Ciera Cammarata, Amanda Holland, Delicia Jernigan, Denise Koscinski and Sidney Orndorff.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Sheriff Dennis Balaam, Lucille Hill, Kevin Hill, Brian Hill and Dulci Schulze.
Senator Raggio moved that the Senate adjourn until Friday, April 6, 2001 at 10:30 a.m.
Motion carried.
Senate adjourned at 12:40 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate