THE SIXTY-SIXTH DAY

THE SIXTY-SIXTH DAY

Carson City(Wednesday), April 11, 2001

Senate called to order at 11:53 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Bruce Henderson.

The writer Robert Heinlein once said about his publishers, “They didn’t want it good; they only wanted it Wednesday.” Today is Wednesday. We know about deadlines too. But we also want it good. Lord, please help us. I pray in the Name of the One who is all good.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 252, 271, 330, 420, 512, 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

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 138, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which were referred Senate Bills Nos. 249, 500, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Government Affairs, to which was referred Senate Bill No. 395, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 175, 324, 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 were referred Senate Bill No. 502; Assembly Bill No. 252, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 115, 191, 300, 328, 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 Judiciary, to which were referred Senate Bills Nos. 231, 283, 504, 547, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 20, 62, 171, 254, 258, 335, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James, Chairman

Madam President:

Your Committee on Natural Resources, to which were referred Senate Bills Nos. 358, 467, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

Madam President:

Your Committee on Taxation, to which were referred Senate Bills Nos. 39, 557, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which was referred Senate Bill No. 525, 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 was referred Senate Bill No. 77, 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, April 9, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 26, 394, 441, 534, 587.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 48, 113, 406.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

COMMUNICATIONS FROM STATE OFFICERS

Congress of the United States

House of Representatives

Washington, D.C. 20515-2801

April 2, 2001

The Honorable William J. Raggio, Senate Majority Leader, Nevada State Senate

Legislative Building, 401 South Carson Street, Carson City, Nevada, 89701-4747

Dear Senator Raggio:

In keeping with the tradition of Members of Congress addressing the Legislature, I am respectfully requesting to speak before a joint session of the Legislature on April 18, 2001, in Carson City, Nevada.

Thank you for your courtesy concerning my request. I look forward to addressing topics of interest to the citizens of the great State of Nevada.

Sincerely,

Shelley Berkley

Congresswoman

WAIVERS AND EXEMPTIONS

Notice of Exemption

April 9, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 376.

Gary Ghiggeri

Fiscal Analysis Division

April 10, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 393, 505, 560.

Gary Ghiggeri

Fiscal Analysis Division

April 11, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 139, 321, 493.

Gary Ghiggeri

Fiscal Analysis Division

MOTIONS, RESOLUTIONS AND NOTICES

By Senator Titus:

Senate Concurrent Resolution No. 32—Directing the Legislative Commission to conduct an interim study concerning Nevada’s program for providing services to persons with disabilities.

Senator Titus moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Senator Rhoads moved that Senate Bill No. 150 be taken from the Secretary's desk and placed at the bottom of the Senate bills on General File.

Remarks by Senator Rhoads.

Motion carried

Senator Townsend moved that Assembly Bill No. 369 be taken from the Second Reading File and placed on the Secretary’s desk.

Remarks by Senator Townsend.

Motion carried.

Senator Raggio moved that Assembly Bills Nos. 12, 14, 150, 151, be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 26.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 48.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

Assembly Bill No. 113.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 394.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Assembly Bill No. 406.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Assembly Bill No. 441.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

Assembly Bill No. 534.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 587.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 4.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 59.

Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.

Amend sec. 2, page 2, by deleting lines 38 through 41 and inserting:

“2. Except as otherwise provided in this section and NRS 686B.110:

(a) Unless the commissioner has determined that the market is not competitive; or

(b) If a proposed increase or decrease in the rate of an insurer does not change by more than 7 percent the total average premium required to be paid by persons insured by the insurer for a particular line or kind of insurance during the 12 months immediately preceding the proposed increase or decrease, the insurer shall file the information required by subsection 1 and the supporting data required to be filed pursuant to NRS 686B.100 on or before the date on which the changes are to become effective.”.

Amend sec. 2, page 2, by deleting lines 46 and 47 and inserting: “commissioner may require the insurer to file the information required by subsection 1 and the supporting data required to be filed pursuant to NRS 686B.100 at least 60 days before the rates become effective or may subject the rates to review pursuant to NRS”.

Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 2.

Amend sec. 4, page 3, by deleting line 35 and inserting:

“(a) The market is not competitive;”.

Amend sec. 4, page 3, line 37, by deleting “or”.

Amend sec. 4, page 3, by deleting line 40 and inserting: “section; or

(d) A proposed increase or decrease in the rate of any kind or line of insurance changes by more than 7 percent the total average premium required to be paid by persons insured by the insurer for a particular line or kind of insurance during the 12 months immediately preceding the proposed increase or decrease,”.

Amend sec. 4, page 4, line 31, by deleting: “If, in a competitive market,” and inserting “If”.

Amend the title of the bill by deleting the first and second lines and inserting: “AN ACT relating to insurance;”.

Senator Schneider moved the adoption of the amendment.

Remarks by Senator Schneider.

Conflict of interest declared by Senator Porter.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 106.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources:

Amendment No. 127.

Amend section 1, page 1, by deleting lines 14 through 20 and inserting: “pursuant to the provisions of NRS 403.190 or otherwise identified, described or mapped through formal action of a board of county commissioners; or

(4) Identified, described or mapped through formal action of a board of county commissioners as a road specified in paragraph (a) or a way laid out or maintained by a governmental agency.

2. The division shall:

(a) If it finds that a county has prepared a complete map of each road specified in paragraph (a) of subsection 1 which is located or partially located within the boundaries of the county, incorporate that map into the map prepared by the division pursuant to paragraph (b) of subsection 1; and

(b) Request the advice of the department of transportation concerning cartographic procedures, standards and guidelines.

3. If an agency or instrumentality of the Federal Government unreasonably limits or imposes unreasonable conditions upon the use of a road identified by the division pursuant to paragraph (a) of subsection 1, the attorney general may, unless he has brought an action concerning the road”.

Amend section 1, page 2, by deleting line 4 and inserting: “and enjoyment of the road. If the attorney general fails to bring such an action, the district attorney of any county in which the road or a portion of the road is located may bring the action. If the attorney general or a district attorney brings the action in a”.

Amend section 1, page 2, line 8, by deleting “3.” and inserting “4.”.

Amend section 1, page 2, line 12, by deleting “4.” and inserting “5.”.

Amend section 1, page 2, line 18, by deleting “5.” and inserting “6.”.

Amend the title of the bill by deleting the second line and inserting: “resources to identify and map certain roads; authorizing the attorney general or a district attorney to”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Senator Rhoads moved that Senate Bill No. 106 be re-referred to the Committee on Finance upon return from reprint.

Remarks by Senator Rhoads.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 159.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources:

Amendment No. 126.

Amend section 1, page 1, line 9, after “effects” by inserting “which are”.

Amend section 1, page 1, line 10, by deleting “uses.” and inserting: “uses[.] and which cannot reasonably be mitigated.”.

Amend sec. 2, page 1, line 12, by deleting “[4,] 3,” and inserting “4,”.

Amend sec. 2, page 2, line 15, by deleting “[4,] 3,” and inserting “4,”.

Amend sec. 2, page 2, by deleting lines 21 through 34 and inserting:

“3. If the application is for a proposed well:

(a) [In a county whose population is less than 400,000;

(b)] For municipal, quasi-municipal or industrial use; and

[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the state engineer before he may consider the application.

4. The provisions of this section do not apply to an environmental”.

Amend sec. 4, page 4, by deleting lines 26 through 34 and inserting: “is affirmative. The state engineer [shall] may require each applicant to whom a permit is issued for a well:

(a) [In a county whose population is less than 400,000;

(b)] For municipal, quasi-municipal or industrial use; and

[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more, to report periodically to the state engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.”.

Amend sec. 4, pages 4 and 5, by deleting line 49 on page 4 and lines 1 through 10 on page 5, and inserting: “conditions. At the time a permit is granted for a well:

(a) [In a county whose population is less than 400,000;

(b)] For municipal, quasi-municipal or industrial use; and

[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more, the state engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse affects.”.

Amend the bill as a whole by deleting sec. 5 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:

“Sec. 5. NRS 534.120 is hereby amended to read as follows:

534.120 1. Within an area that has been designated by the state engineer, as provided for in this chapter , where, in his judgment, the ground water basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

2. In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses ; and [any]

(b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

3. Except as otherwise provided in subsection 5, the state engineer may:

(a) Issue temporary permits to appropriate ground water which can be limited as to time and which may, except as limited by subsection 4, be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

(b) Deny applications to appropriate ground water for any use in areas served by such an entity.

(d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.013 and 534.0175, in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

4. The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

(b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and

(c) The holder of the permit will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

5. The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

(b) The deepening or repair of the well would require the use of a well‑drilling rig; and

(c) The person proposing to deepen or repair the well will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

6. For good and sufficient reasons , the state engineer may exempt the provisions of this section with respect to public housing authorities.

Sec. 6. 1. This act becomes effective on July 1, 2001.

2. Section 5 of this act expires by limitation on July 1, 2005.”.

Amend the title of the bill to read as follows:

“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; extending to all counties 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; revising certain provisions governing permits for wells and temporary permits to appropriate ground water; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning protectible interests in domestic water wells and appropriation of ground water. (BDR 48‑309)”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 499.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 190.

Amend section 1, page 2, by deleting line 27 and inserting: “boating . [on state-owned wildlife management areas.] Any of this money”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Joint Resolution No. 2.

Resolution read second time.

The following amendment was proposed by the Committee on Natural Resources:

Amendment No. 200.

Amend the preamble of the resolution, page 2, line 5, after “limit” by inserting: “the ability of a state to manage its water resources and”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Resolution ordered reprinted, engrossed and to the General File.

GENERAL FILE AND THIRD READING

Senate Bill No. 61.

Bill read third time.

Roll call on Senate Bill No. 61:

Yeas—21.

Nays—None.

Senate Bill No. 61 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 63.

Bill read third time.

Roll call on Senate Bill No. 63:

Yeas—21.

Nays—None.

Senate Bill No. 63 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 306.

Bill read third time.

Remarks by Senators Rawson and Coffin.

Roll call on Senate Bill No. 306:

Yeas—21.

Nays—None.

Senate Bill No. 306 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 472.

Bill read third time.

Remarks by Senator McGinness.

Roll call on Senate Bill No. 472:

Yeas—19.

Nays—Amodei, James—2.

Senate Bill No. 472 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 492.

Bill read third time.

Roll call on Senate Bill No. 492:

Yeas—21.

Nays—None.

Senate Bill No. 492 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 150.

Bill read third time.

The following amendment was proposed by Senator Rhoads:

Amendment No. 64.

Amend section 1, page 2, by deleting lines 5 through 12.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senators Rhoads and Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

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 Sutro Elementary School: Marissa Arceo, John Bidlake-Prichard, Meghann Brower, Teryn Cortez, Russell Fay, Richard Fozard, Salvador Gamez, Kyla Grigg, Devanie Hampton, Georgina Henderson, Francisco Hernandez, Alexa Jackson, Steven Kunz, Elise Laird, Cory Lindberg, Kristopher Marshall, Whitney McGill, Luis Melgarejo, Thomas Paterson, Benjamin Raatz, Cody Richardson, Sarah Sikora, Ryan Stewart, Scott Thornton, Rebecca Van Sickle, Brandon Weiner, Phillip Wilcox, Louis Barr, John Beeler, Blanca Cardenas, Darren Crickon, Yvonne Dorado, Michael Echo, Josef Favia, Trace Feemster, Danelle Freitas, Tasha Gaskill, Jacob Jackson, Dezaray Kirk, Michael Loewe, Kassandra Miller, Rebecca Nolan, Donald Parker, Vincent Piazza, Ashley Priester, Onstott Randone, Ryan Ransdell, Zachary Rispin, Travis Rosenberry, Vadim Skrynnik, Andrew Thomas, Byron Trigueros, Kyle Walker, Kierstyn Wutch, Lacey Baratti, Sierra Barnwell, Brianne Barras, Justin Benitez, Kevin Brown, Jr., Justin Byars, Jessica Davidson, Brittany Davis, Christopher Dessaussios, Nickolas Fisher, Zachary Fitchett, Trisha Fitzgerald, Jessica Greer, Samantha Harris, Evan McKoy, Kaylee McDermott, Thomas Milani, Curtis Newbury, Amber Patterson, Paul Pishnak, Gabriel Ramirez, Andrew Redwine, Shane Richardson, Even Sanborn, Jiri Stach, II, Roslyn Timmerman, Cody Tsuchimoto; teachers: Kim Menesini, Dru Service, Selena Richardson; chaperones: Dawn Van Sickle, Dianne Laird, Gloria Kunz, Stacie Paterson, Phyllis Priester, Mrs. Jackson and Mrs. Loewe.

On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Care, Diana Care and Walter Coffin.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Mark Morris, Jack Morris and Terri Morris.

Senator Raggio moved that the Senate adjourn until Friday, April 13, 2001 at 10:30 a.m. and that we do so in memory of Amy Spector as requested by Senator Porter.

Motion carried.

Senate adjourned at 12:36 p.m.

Approved:Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate