NEVADA LEGISLATURE

Seventeenth Special Session

                               

ASSEMBLY DAILY JOURNAL

                               

THE FIRST DAY

Carson City (Thursday), June 14, 2001

    Pursuant to the provisions of the Constitution and Statutes, the Assembly was called to order by Speaker of the Assembly Richard D. Perkins at 10:20 a.m.

    Roll called.

    All present except Assemblyman Arberry, who was excused.Prayer by the Chaplain, Terry Sullivan.

    Dear Lord, throughout the 71st Session of the Legislature we have often asked you to give members of this body wisdom and guidance. Now I think it’s time that we said thank You for Your help in doing the right thing. This Assembly has worked hard and the laws these good legislators have passed since early February have proven that. We thank You for providing them with that ability. We thank You also for making this such a fine place to work for the regular staff and, as attaches, none of us could ask for a better part-time job, unless, of course, it’s working as one of your brush country cowboys. Lord, let us continue in this special session to exhibit the same knowledge and ability that has been shared over the past 120 days. Please bless this group, and help them to continue to do what’s right for the great people of Nevada. It is in Your name we pray.

Amen.

    Pledge of allegiance to the Flag.

MOTIONS, RESOLUTIONS AND NOTICES

    Mr. Speaker appointed Assemblymen Williams, Leslie and Brower as a committee to inform the Senate that the Assembly was organized and ready for business.

    Mr. Speaker appointed Assemblymen Buckley, Dini and Hettrick as a committee to inform the Governor that the Assembly was organized and ready for business.

    Assemblywoman Buckley moved that persons as set forth on the Nevada Legislature’s Press Accreditation List of June 14, 2001 be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly chambers, that they be allowed use of appropriate broadcasting facilities, and the list be included in this day’s journal:

    Associated Press: Siobhan McDonough, Brendon Riley, John Wilkerson; Boulder City News: Chuck Baker; Capital News Service: Jonathan Wright; Carson City News: David Morgan; Citadel Communications: Adriana Diaz, David Marz; Comstock Chronicle/Cable News Service: Travis T. Hipp; Cover Edge: Michele Kane, Kevin Ross; Cox Communications: Steve Schorr; Donrey Capital Bureau: Ed Vogel, Sean Whaley; Electric Nevada & Electric America: Daniel Joseph, Tiffany Van der Stokker; Fernley Leader/Courier: Betty Aleck, Laura Tennant; Fox 5: Michael Baldwin, Don Lyle; Gaming Today: Chuck DiRocco; High Desert Advocate: Howard Copelan; The Humboldt Sun: Dave Woodson; KKOH: Kelly McAllister; KLAS-TV: George Knapp, Eric Sorenson; KOLO-TV: Karl Baker, Bruce Bolf, Brent Boynton, Jean Casarez, Beryl Chong, Jenee Conway, Mark Cronon, Beth Ford, Timothy Ill, Jeff Jones, Justin Kanno, Jodee Kenney, Darrell McComb, Edward Pearce, Terri Russell, Henry Wofford; KNPB-TV, KLVX-TV: Mitch Fox, Mike Garafolo, Jack Kelly, John Kirk, Bonnie Maclean, Rosemary McCarthy, Ethan Salter, Michelle Stander; KRNV TV: Wade Barnett, Ben Barnholdt, Kausic Bhakta, Victoria Campbell, Jeneene Chatowsky, Tina Cox, Karen Cuninghame, Jeff Deitch, Bill Frankmore, Matt Guccini, Joe Hart, Hayley Herst Sarah Johns, Malayna Kerton, John Killoran, Renee Phillips, Aaron Rothkopf, Eduardo Rubio, Shelby Sheehan, Julie Simon, Mike Taylor, James Walker, Richard Worsley, Debbie Worthen, Jana Wyld, John Zuchelli; KTVN TV: Josh Brackett, Kerrie Cassani, Sherrie Cerutti, Angeline Chew, John Chrystal, Wendy Damonte, Chad Gasper, Jessie Harris, Brian Hickey, Kirsten Joyce, Gina Martini, John Mercer, Jose Pilarim, Tony Shin; Las Vegas Review-Journal: Amy Bennett, Kevin Cannon, John Edwards, John Gurzinski, Don Ham, Mary Hynes, Jim Laurie, Thomas Mitchell, Jan Moller, Craig Moran, Jane Ann Morrison, Jeff Scheid, Steve Sebelius, John Smith, Gary Thompson, Charles Zobell; Las Vegas Sun: Jeff German, Warren Johnston, Aaron Mayes, Erin Neff, Jace Radke, Cy Ryan, Susan Snyder; Lincoln County Record: Shelly Hartman, Connie Simkins; Lotus Broadcasting: Andrew Kolb; Lovelock Review-Miner/Nevada Rancher: Gwen Carter; Mason Valley News: Robert Perea, David Sanford, Keith Trout; Nevada Appeal: Geoff Dornan, Bob Thomas; Reno Gazette–Journal: Tim Anderson, Andy Barron, Jennifer Crowe, Tonia Cunning, Jeff Delong, Jeff Donaldson, Tim Dunn, Cory Farley, Ray Hagar, Janice Hoke, Sevil Hunter, Mark Lundahl, Elizabeth Margerum, Frank Mullen, Marilyn Newton, Bill O'Driscoll, David Parker, Scott Sady, John Smetana, Steve Smith, Steve Timko, Lisa Tolda, Candice Towell, Susan Voyles; Reno News & Review: Jimmy Boegle, Brian Burghart, Carli Cutchin, Kelley Lang, Deidre Pike, William Puchert, Adrienne Rice; Senior Spectrum Newspapers: Chris McMullen, Connie McMullen; Sierra Nevada Community Access TV: Don Alexander, Chris Jensen, John Ponzo, Earl Spriggs; Taspac News: Donna Andres, Peter Hutchinson; Sparks Tribune: Andrew Barbano; Virginia City Register: Terry Daisy, Gary Gehrm, Thomas Hunter, Bill Meakin, Bill Sjovangen, Douglas Truhill; We the People: Shayne Del Cohen.

    Assemblywoman Buckley moved that for the balance of the special session, all rules be suspended and that all bills and joint resolutions passed, and all concurrent resolutions adopted by the Assembly, be immediately transmitted to the Senate.

    Motion carried.

    Assemblywoman Buckley moved that the reading of the Proclamation by the Governor convening the Legislature into a Special Session be dispensed with and that the Proclamation be entered into the Journal.

    Motion carried.

MESSAGES FROM THE GOVERNOR

STATE OF NEVADA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER

A PROCLAMATION BY THE GOVERNOR:

    Whereas, Section 9 of Article V of the Constitution of the State of Nevada provides that, “The Governor may on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specifically convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session;” and

    Whereas, believing that an extraordinary occasion now exists which requires immediate action by the Legislature;

    Now, Therefore, I, Kenny C. Guinn, Governor ofthe State Of Nevada, By virtue of the authority vested in me by Section 9 of Article V of the Constitution of the State of Nevada, do hereby convene the Legislature into a Special Session to approve the redistricting plans required by law for the State of Nevada and to reconsider the matters within the legislation approved during the Seventy-First Session of the Nevada Legislature between 12:00 a.m. and 1:00 a.m., on June 5, 2001.  The matters that may be considered are as follows:

SENATE BILL NO. 109  (1st Reprint)

    AN ACT making an appropriation to the Interim Finance Committee for certain contractual services related to the financial reporting of school districts and charter schools; and providing other matters properly relating thereto.

SENATE BILL NO. 148  (1st Reprint)

    AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising 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; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; and providing other matters properly relating thereto.

SENATE BILL NO. 193  (3rd Reprint)

    AN ACT relating to the department of prisons; allowing the director to establish a system for offender management in each institution and facility of the department; allowing the director to continue to develop and implement a program of facility training for correctional staff in each institution and facility of the department; changing the name of the department; and providing other matters properly relating thereto.

SENATE BILL NO. 303  (3rd Reprint)

    AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used as the primary means to verify that a motor vehicle is insured; providing that an operator’s policy of liability insurance may only be issued to certain persons; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.

SENATE BILL NO. 366  (3rd Reprint)

    AN ACT relating to mental health; providing for the establishment by a district court of a program for the treatment of mentally ill offenders; authorizing justices’ courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; and providing other matters properly relating thereto.

SENATE BILL NO. 445  (2nd Reprint)

    AN ACT making appropriations to the Peace Officers’ Standards and Training Commission for an analysis of job tasks and a study of physical fitness validation for peace officers and to the Department of Motor Vehicles and Public Safety for various information technology upgrades; and providing other matters properly relating thereto.

SENATE BILL NO. 518  (2nd Reprint)

    AN ACT relating to financial administration; revising the amounts paid to certain public officers and employees as allowances for certain expenses; making appropriations to the contingency fund to restore and increase the balance in the fund; making appropriations to the Interim Finance Committee to assist state agencies and school districts in paying for certain energy needs; and providing other matters properly relating thereto.

SENATE BILL NO. 588  (As introduced)

    AN ACT making an appropriation to the Interim Finance Committee to provide assistance to certain educational programs; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 94  (3rd Reprint)

    AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources’ gift fund to assist persons formerly in foster care; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 122  (2nd Reprint)

    AN ACT relating to public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 133  (4th Reprint)

    AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 232  (1st Reprint)

    AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 271  (3rd Reprint)

    AN ACT relating to the training of drivers; requiring the state board of education to adopt regulations governing automobile driver education in public schools; prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver’s license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver’s license; extending the period for which a person is authorized to hold an instruction permit; authorizing licensed schools for training drivers to use certain interactive technologies in lieu of actual classroom instruction; requiring an instructor of a school for training drivers to complete certain training before his license as an instructor may be renewed by the department of motor vehicles and public safety; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 343  (3rd Reprint)

    AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 405  (1st Reprint)

    AN ACT relating to education; expressing the sense of the Nevada Legislature regarding available methods to improve the reading proficiency of Nevada’s school children at an early grade level; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 424  (2nd Reprint)

    AN ACT relating to public highways; directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 460  (5th Reprint)

    AN ACT relating to transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 483  (5th Reprint)

    AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 615  (1st Reprint)

    AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 653  (2nd Reprint)

    AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 661  (4th Reprint)

    AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; authorizing the director of the department of business and industry to issue industrial development revenue bonds for certain renewable energy generation projects; creating the task force for renewable energy and energy conservation and prescribing its membership and duties; creating the trust fund for renewable energy and energy conservation; creating the office of energy within the office of the governor; transferring control of the Nevada state energy office from the director of the department of business and industry to the office of energy within the office of the governor; requiring certain lodging establishments to include certain information concerning energy costs on their statement of rates; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 666  (4th Reprint)

    AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.

ASSEMBLY BILL NO. 669  (1st Reprint)

    AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly relating thereto.

ASSEMBLY CONCURRENT RESOLUTION NO. 3  (1st Reprint)

    Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning misdemeanors.

ASSEMBLY CONCURRENT RESOLUTION NO. 21  (1st Reprint)

    Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.

ASSEMBLY CONCURRENT RESOLUTION NO. 42  (As introduced)

    Assembly Concurrent RESOLUTION—Establishing the Governor’s Task Force on Tax Policy in Nevada.

ASSEMBLY JOINT RESOLUTION NO. 14  (3rd Reprint)

    Assembly Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to require each board of county commissioners to determine the salaries of certain county officers in its respective county.

SENATE JOINT RESOLUTION NO. 20 of the 70th Session  (1st Reprint)

    SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.

    During the Special Session, the Legislature may also consider an appropriation to pay for the cost of the Special Session and any other matters brought to the attention of the Legislature by the Governor.  The Special Session shall begin at 10:00 a.m. on June 14, 2001.

In Witness Whereof, I have hereunto set my hand and caused the great seal of the state of Nevada to be affixed at the state capitol in Carson City this 13th day of June, in the year two thousand one.

       Kenny C. Guinn

                 Governor

             Dean Heller

    Secretary Of State

Office Of The Governor

                                       Carson City, Nevada, June 13, 2001

The Honorable Richard D. Perkins, Speaker of the Assembly, NevadaState Assembly,    Legislative Building, 401 S. Carson Street, Carson City, Nevada  89701-4947

To The Members Of The Nevada State Assembly:

    The Constitution of the State, in Article V, Section 9, provides that the Governor may on extraordinary occasions convene a Special Session of the Legislature by proclamation.

    I am presenting this letter to set forth the purposes for which this Special Session of the Nevada Legislature has been convened. This Special Session has been convened to allow the Legislature to approve the redistricting plans required by law for the State of Nevada and to reconsider the matters within the legislation approved during the Seventy-First Session of the Nevada Legislature between 12:00 a.m. and 1:00 a.m., on June 5, 2001. During the Special Session, the Legislature may consider an appropriation to pay for the cost of the Special Session and any other matters brought to the attention of the Legislature by the Governor.

    Section 9 of Article V of the Constitution also allows the Governor, during a Special Session, to call other legislative business to the attention of the Legislature. Pursuant to this constitutional authority, I would also present for consideration during this Special Session one matter set forth in Senate Bill 459. This bill contained an appropriation necessary for the development of a new criterion-referenced test for pupils in grade 8. This testing is mandatory and helps further the educational opportunities of our children. Therefore, I would also request that this matter be considered during the Special Session.

    The Special Session should be completed in the shortest period of time and with the least possible expense to the taxpayers of Nevada. Best wishes in your deliberations.

Sincerely,

Kenny C. Guinn

Governor

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Joint Rules:

    Assembly Concurrent Resolution No. 1—Establishing the Governor’s Task Force on Tax Policy in Nevada.

    Assemblywoman Giunchigliani moved the adoption of the resolution.    Remarks by Assemblywoman Giunchigliani

    Resolution adopted.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 10:33 a.m.

ASSEMBLY IN SESSION

    At 11:03 a.m.

    Mr. Speaker presiding.

    Quorum present.

    A committee from the Senate composed of Senators O’Connell, Rhoads and Schneider appeared before the bar of the Assembly and announced that the Senate was organized and ready for business.

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblyman Perkins:

    Assembly Resolution No. 1—Providing for the appointment of attachés.

    Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 17^th Special Session of the Legislature of the State of Nevada: Patricia R. Williams, Lucinda Benjamin, Matthew Baker, Diane Keetch, Mary Matheus, Jason Hataway, Terry Sullivan and Lucas Watson.

    Assemblywoman Buckley moved the adoption of the resolution.

    Remarks by Assemblywoman Buckley.

    Resolution adopted.

    By Assemblyman Perkins:

             Assembly Resolution No. 2—Adopting the Rules of the Assembly for the 17th Special Session of the Legislature.

    Resolved by the Assembly of the State of Nevada, That the following Rules of the Assembly for the 17th Special Session of the Legislature are hereby adopted:

I.  APPLICABILITY

Rule No. 1.  Generally

    The Rules of the Assembly for the 17th Special Session of the Legislature are applicable only during the 17th Special Session of the Legislature.

II.  OFFICERS AND EMPLOYEES

Duties of Officers

Rule No. 2. Speaker of the Assembly.

    1.  All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.

    2.  Possessing the powers and performing the duties described in this rule, the Speaker shall:

    (a) Take the chair at the hour to which the Assembly will be meeting,call the members to order, and upon the appearance of a quorum, proceed to business.

    (b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.

    (c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.

    (d) Have the right to name any member to perform the duties of the chair, but such substitution must not extend beyond one legislative day.

    (e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.

    (f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.

    (g) Sign all bills and resolutions passed by the Legislature as provided by law.

    (h) Sign all subpoenas issued by the Assembly.

    (i) Receive all messages and communications from other departments of the government and announce them to the Assembly.

    (j) Represent the Assembly, declare its will and in all things obey its commands.

    (k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.

    3.  If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.

    4.  If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.

III.  SESSIONS AND MEETINGS

Rule No. 3.  Open Meetings.

    All meetings of the Assembly and the Committee of the Wholemust be open to the public.

IV.  DECORUM AND DEBATE

Rule No. 4.  Points of Order.

    If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

Rule No. 5.  Portable electronic communication devices.

    1.  A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.

    2.  Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.

V.  QUORUM, VOTING, ELECTIONS

Rule No. 6.  Manner of Voting.

    1.  The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.

    2.  The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.

    3.  When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.

    4.  When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.

    5.  The electronic roll call system may be used to determine the presence of a quorum.

    6.  The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.

    7.  Only a memberwho is physically present within the Assembly Chambers may cast a vote in the Assembly.

    8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

Rule No. 7.  Announcement of the Vote.

    1.  A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

    2.  The announcement of the result of any vote shall not be postponed.

Rule No. 8.  Voting by Division.

    Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

VI.  LEGISLATIVEBODIES

Rule No. 9.  Committee of the Whole.

    1.  All bills and resolutions may be referred to the Committee of the Whole.

    2.  At any stage in the proceedings of the Committee of the Whole, a member of the committee may speak only once on the question under consideration, for a period of not more than 10 minutes, unless he is granted leave of the chairman to speak more than once. If a member is granted leave to speak more than once, the chairman may limit the length of time that member may speak.

    3.  All amendments proposed by the Committee of the Whole must first be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature.

VII.  RULES GOVERNING MOTIONS

Rule No. 10.  Entertaining.

    No motion may be debated until it is distinctly announced by the presiding officer. If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

Particular Motions

Rule No. 11.  Indefinite Postponement.

    When a question is postponed indefinitely, the same question must not be considered again during the special session and the question is not subject to a motion for reconsideration.

Rule No. 12.  To Strike Enacting Clause.

    A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

Rule No. 13.  Division of Question.

    Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

Rule No. 14.  To Reconsider.

    No motion to reconsider a vote is in order.

VIII.  DEBATE

Rule No. 15.  Speaking on Question.

    No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

Rule No. 16.  Previous Question.

    The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

Rule No. 17.  Privilege of Closing Debate.

    The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

IX.  CONDUCT OF BUSINESS

A.  Rules and Procedure

Rule No. 18.  Mason’s Manual.

    The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Rules and orders of the Assembly for the 17th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.

Rule No. 19.  Rescission, Change orSuspension of Rule.

    No rule or order of the Assembly for the 17th Special Session of the Legislature shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

Rule No. 20.  Privilege of the Floor and Lobbying.

    No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.

Rule No. 21.  Material Placed on Legislators’ Desks.

    All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.

Rule No. 22.  Peddling, Begging and Soliciting.

    1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.

    2. No part of the Assembly Chambermay be used for, or occupied by signs or other devices for any kind of advertising.

    3.  No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.

Rule No. 23.  Petitions and Memorials.

    Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

Rule No. 24.  Request of Purpose.

    A member may request the purpose of a bill or joint resolution upon its introduction.

Rule No. 25.  Remarks.

    It shall be in order for members to make remarks and to have such remarks entered in the Journal.

Rule No. 26.  Precedence of Parliamentary Authority.

    The precedence of parliamentary authority in the Assembly is:

    1.  The Constitution of the State of Nevada.

    2.  The Statutes of the State of Nevada.

    3.  The Rules of the Assembly for the 17th Special Session of the Legislature and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.

    4.  Mason’s Manual of Legislative Procedure.

Rule No. 27.  Privileged Questions.

    Privileged questions have precedence of all others in the following order:

    1.  Motions to fix the time to which the Assembly shall adjourn.

    2.  Motions to adjourn.

    3.  Questions relating to the rights and privileges of the Assembly or any of its members.

    4.  A call of the House.

    5.  Motions for special orders.

B.  Bills

Rule No. 28.  Substitute Bills.

    A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.

Rule No. 29.  Skeleton Bills.

    The introduction of skeleton bills is not authorized.

Rule No. 30.  Reading of Bills.

    The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to the Committee of the Whole until after the first reading, nor amended until after the second reading.

Rule No. 31.  Second Reading and Amendment of Bills.

    1.  All bills must be read the second time after which they are reported by the Committee of the Whole. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File.Amendments proposed by the Committee of the Whole and reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.

    2.  Any member may move to amend a bill during its second or third reading if the amendment is first approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with amendments proposed by the Committee of the Whole. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.

    3.  The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.

Rule No. 32.  Consent Calendar.

    1.  The Committee of the Wholemay by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.

    2.  The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

    3.  At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removalof a particular bill fromthe consent calendar. If a member so requests,the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.

    4.  During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.

    5.  When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.

Rule No. 33.  General File.

    All bills reported to the Assembly, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills mustbe taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.

C.  Resolutions

Rule No. 34.  Treated as Bills—Joint Resolutions.

    The procedure of enacting joint resolutions must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.

D.  Order of Business

Rule No. 35.  Order of Business.

    The Order of Business must be as follows:

    1.  Call to Order.

    2.  Reading and Approval of Journal.

    3.  Presentation of Petitions.

    4.  Reports of the Committee of the Whole.

    5.   [Reserved.]

    6.  Communications.

    7.  Messages from the Senate.

    8.  Motions, Resolutions and Notices.

    9.  Introduction, First Reading and Reference.

    10.  Consent Calendar.

    11.  Second Reading and Amendment.

    12.  General File and Third Reading.

    13.  Unfinished Business of Preceding Day.

    14.  Special Orders of the Day.

    15.  Remarks from the Floor, limited to 10 minutes.

X.  MISCELLANEOUS

Rule No. 36.  Use of the Assembly Chamber.

    The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

    Assemblyman Parks moved the adoption of the resolution.

    Remarks by Assemblyman Parks.

    Resolution adopted.

    By Assemblyman Perkins:

    Assembly Resolution No. 3—Providing that no allowances will be paid for the 17th Special Session of the Legislature for periodicals, stamps, stationery or communications.

    Resolved by the Assembly of the State of Nevada, That for the 17th Special Session of the Legislature of the State of Nevada, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones, and that no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Assembly for postage, telephone tolls or other charges for communications.

    Assemblyman Parks moved the adoption of the resolution.

    Remarks by Assemblyman Parks.

    Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Joint Rules:

    Assembly Bill No. 1—AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 2—AN ACT relating to public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 3—AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 4—AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 5—AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; authorizing the director of the department of business and industry to issue industrial development revenue bonds for certain renewable energy generation projects; creating the task force for renewable energy and energy conservation and prescribing its membership and duties; creating the trust fund for renewable energy and energy conservation; creating the office of energy within the office of the governor; transferring control of the Nevada state energy office from the director of the department of business and industry to the office of energy within the office of the governor; requiring certain lodging establishments to include certain information concerning energy costs on their statement of rates; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 6—AN ACT relating to public highways; directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 7—AN ACT relating to transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 8—AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 9—AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 10—AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 11—AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    By the Committee on Joint Rules:

    Assembly Bill No. 12—AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 14, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 1.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Joint Rules:

    Assembly Concurrent Resolution No. 2—Directing the Legislative Commission to conduct an interim study concerning misdemeanors.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted.

    By the Committee on Joint Rules:

    Assembly Concurrent Resolution No. 3—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.

    Assemblyman Anderson moved the adoption of the resolution.

    Remarks by Assemblyman Anderson.

    Resolution adopted.

    By the Committee on Joint Rules:

    Assembly Joint Resolution No. 1—Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to require each board of county commissioners to determine the salaries of certain county officers in its respective county.

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 4, and sections 25, 26, 32 and 33 of article 4 of the Constitution of the State of Nevada be amended to read respectively as follows:

        Sec. 33A.  1.  The legislature shall provide by law for a citizens’ commission on salaries for certain elected officers.

        2.  The commission must consist of seven members who have diverse personal and professional interests and reside in various geographical areas of this state of which:

        (a) Five members are appointed jointly by the speaker of the assembly and the majority leader of the senate; and

        (b) Two members are appointed by the governor.

        3.  Each member of the commission must be a resident of this state and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.

        4.  Except as otherwise provided in this section, the term of office of each member of the commission is 4 years. The speaker of the assembly and the majority leader of the senate shall jointly appoint two of the members first appointed for an initial term of 2 years. The governor shall appoint one of the members first appointed for an initial term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the commission may not serve more than two terms.

        5.  An appointing authority may remove a member of the commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.

        6.  The commission shall elect a chairman from among its members. Except as otherwise provided in this section, the commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. The affirmative vote of a majority of all the members appointed to the commission is required to take action.

        7.  Members of the commission are entitled to:

        (a) The compensation provided by law for members of the commission on judicial discipline who are not judicial officers; and

        (b) The per diem allowance and travel expenses provided by law for state officers and employees generally.

        8.  The commission shall:

        (a) Study the relationship of salaries to the duties of the members of the legislature, the governor, lieutenant governor, secretary of state, state treasurer, state controller, attorney general, justices of the supreme court and judges of the district courts;

        (b) Compare the salaries of the elected officers set forth in paragraph (a) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;

        (c) Fix the salaries of the elected officers set forth in paragraph (a); and

        (d) Carry out any duties provided by the legislature.

        9.  The commission may increase, but not diminish, the salary of an elected officer set forth in paragraph (a) of subsection 8 during his term of office. The commission may exercise any powers conferred by the legislature.

        10.  The commission shall file its initial schedule of salaries
for the elected officers with the secretary of state not later than January 1, 2005, and shall file a schedule of salaries not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries is effective for the period from the July 1 immediately following the January 1 that the schedule is due through the June 30 of the next odd-numbered year. The legislature shall provide by law for setting apart from each year’s revenues a sufficient amount of money to pay such salaries.

        11.  Before the commission may file a schedule of salaries with the secretary of state, the commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the secretary of state, the commission shall adopt the schedule as originally proposed or as amended. All meetings of the commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.

        12.  The legislative counsel bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries established by the commission and filed with the secretary of state.

        Sec. 25.  The Legislature shall establish a system of County and Township Government . [which shall be uniform throughout the State.]

        Sec. 26.  The Legislature shall provide by law, for the election of a Board of County Commissioners in each County, and such County Commissioners shall jointly and individually perform such duties as may be prescribed by law. The compensation of the members of the Board of County Commissioners of each County must be fixed by the Board of County Commissioners in each respective County.

        Sec. 32.  The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people [,] or their appointment and fix by law their duties . [and compensation.] The Board of County Commissioners of each county shall determine the compensation of those county officers in its respective county. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

        [Sec.:] Sec. 33.  The members of the Legislature shall receive for their services, a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of this article and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor . [; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an] An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

    And be it further

    Resolved, That section 15 of article 6 of the Constitution of the State of Nevada be amended to read as follows:

        Sec. 15.  The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of article 4 and paid in the manner provided by law . [, which shall not be increased during the term for which they shall have been elected, unless] If a Vacancy occurs, [in which case] the successor of the former incumbent shall receive [only such salary as may be] the salary provided for that office by [law] the citizens’ commission on salaries for certain elected officers at the time of his election or appointment . [; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.]

    And be it further

    Resolved, That section 9 of article 15 of the Constitution of the State of Nevada be repealed.

 

TEXT OF REPEALED SECTION

 

    Sec. 9.  Increase or decrease of compensation of officers whose compensation fixed by constitution.  The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Concurrent Resolution No. 1.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted.

    Mr. Speaker announced that Assemblymen Perkins, Buckley and Hettrick would be appointed to the Joint Rules Committee.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 14, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 1.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 1.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 1 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblywoman Buckley.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 1.

    Bill read third time.

    Roll call on Senate Bill No. 1:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 1 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:18 a.m.

ASSEMBLY IN SESSION

    At 12:08 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 14, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Senate Joint Resolution No. 1.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 2.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 3.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 4.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 5.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 6.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 7.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 8.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 9.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 10.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 11.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 12.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

    Senate Bill No. 13.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Committee of the Whole.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Joint Resolution No. 1.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Committee of the Whole.

    Motion carried.

    Assemblywoman Buckley moved that the Assembly resolve itself into a Committee of the Whole for the purpose of considering Assembly Bills Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12; Assembly Joint Resolution No. 1; Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and Senate Joint Resolution No. 1, with Assemblyman Perkins as Chairman of the Committee of the Whole.

    Motion carried.

IN COMMITTEE OF THE WHOLE

    Assemblyman Perkins presiding.

    Assembly Bill No. 1 considered.

    Remarks by Assemblywoman Buckley.

    Assembly Bill No. 2 considered.

    Remarks by Assemblyman de Braga.

    Assembly Bill No. 3 considered.

    Remarks by Assemblyman Anderson.

    Assembly Bill No. 4 considered.

    Remarks by Assemblyman Hettrick.

    Assembly Bill No. 5 considered.

    Remarks by Assemblymen Bache and Perkins.

    Assembly Bill No. 6 considered.

    Remarks by Assemblywoman McClain.

    Assembly Bill No. 7 considered.

    Remarks by Assemblyman Parks.

    Assembly Bill No. 8 considered.

    Remarks by Assemblyman Beers.

    Assembly Bill No. 9 considered.

    Remarks by Assemblywoman Giunchigliani.

    Assembly Bill No. 10 considered.

    Remarks by Assemblyman Goldwater.

    Assembly Bill No. 11 considered.

    Remarks by Assemblyman Anderson.

    Assembly Bill No. 12 considered.

    Remarks by Assemblyman Goldwater.

    Assembly Joint Resolution No. 1 considered.

    Remarks by Assemblywoman Giunchigliani.

    On motion of Assemblywoman Buckley, the committee did rise and report back to the Assembly.

ASSEMBLY IN SESSION

    At 12:36 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Committee of the Whole, to which were referred Assembly Bills Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; Assembly Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Richard D. Perkins, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and Assembly Joint Resolution No. 1 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblywoman Buckley moved that the reading of histories on all Bills and Resolutions on the General File be dispensed with for this legislative day.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 12:37 p.m.

ASSEMBLY IN SESSION

    At 1:40 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblywoman Buckley moved that Assembly Bills Nos. 5 and 7 be taken from their position on the General File and placed at the bottom of General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 1.

    Bill read third time.

    Remarks by Assemblyman Buckley.

    Roll call on Assembly Bill No. 1:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 1 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 2.

    Bill read third time.

    Remarks by Assemblymen de Braga and Koivisto.

    Potential conflict of interest declared by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 2:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 2 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 3.

    Bill read third time.

    Remarks by Assemblymen Anderson and Carpenter.

    Roll call on Assembly Bill No. 3:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 3 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 4.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Assembly Bill No. 4:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 4 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 6.

    Bill read third time.

    Remarks by Assemblyman McClain.

    Roll call on Assembly Bill No. 6:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 8.

    Bill read third time.

    Remarks by Assemblyman Beers.

    Roll call on Assembly Bill No. 8:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 8 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 9.

    Bill read third time.

    Roll call on Assembly Bill No. 9:

    Yeas—38.

    Nays—Angle, Gustavson—2.

    Not Voting—Goldwater.

    Excused—Arberry.

    Assembly Bill No. 9 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 10.

    Bill read third time.

    Roll call on Assembly Bill No. 10:

    Yeas—37.

    Nays—Angle, Beers, Collins, Gustavson—4.

    Excused—Arberry.

    Assembly Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 11.

    Bill read third time.

    Roll call on Assembly Bill No. 11:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Bill No. 11 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 12.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Assemblyman Goldwater requested that his Letter of Intent be entered in the Journal.

    Assembly Bill 12 will allow a non-restricted casino licensee to transfer liquor to an affiliated, or sister, casino property. The bill still requires that the initial purchase of liquor be made from a liquor wholesaler, but allows transfers of liquor between sister properties after the initial purchase is made from the wholesaler. The bill further restricts the transfers of liquor to the same marketing area as that of the wholesaler from whom the liquor was originally purchased and requires that the transferring entity not act as a wholesaler by charging for the transfer.

    The bill allows casinos, in certain circumstances, to transfer liquor without the use of a wholesaler. This does not allow casino companies to bypass a liquor wholesaler as the initial purchase was made through a wholesaler as required by current law. Under the provisions of this bill, the casinos can physically transport the liquor from one affiliated casino to another by whatever means they deem appropriate, with the transaction being appropriately reflected on the books of either the parent corporation and/or the individual affiliated casinos. While the casinos are prohibited from charging for the transfer, this is not intended to express or imply that casino affiliates are prohibited from reconciling accounts between the transferring and receiving casinos, including showing of the purchase of liquor by the receiving entity from the transferring entity, in accordance with standard accounting practices.

    The bill allows the transfer of liquor only, not beer.

    Roll call on Assembly Bill No. 12:

    Yeas—40.

    Nays—Anderson.

    Excused—Arberry.

    Assembly Bill No. 12 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Joint Resolution No. 1.

    Resolution read third time.

    Roll call on Assembly Joint Resolution No. 1:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Assembly Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.

    Resolution ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 1:59 p.m.

ASSEMBLY IN SESSION

    At 3:04 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the action whereby Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and Senate Joint Resolution No. 1 were referred to the Committee of the Whole be rescinded.

    Motion carried.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and Senate Joint Resolution No. 1 considered engrossed, declared an emergency measure under the Constitution and placed at the top of third reading and final passage.

    Remarks by Assemblywoman Buckley.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 2.

    Bill read third time.

    Remarks by Assemblymen Marvel, Giunchigliani, and Chowning.

    Roll call on Senate Bill No. 2:

    Yeas—8.

    Nays—Anderson, Angle, Bache, Beers, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany, Von Tobel, Williams—33.

    Excused—Arberry.

    Senate Bill No. 2 having failed to receive a constitutional majority, Mr. Speaker declared it lost.

    Senate Bill No. 3.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani and Hettrick.

    Roll call on Senate Bill No. 3:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 3 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 4.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Senate Bill No. 4:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 4 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 5.

    Bill read third time.

    Remarks by Assemblymen Chowning, Mortenson, Brower and Gustavson.

    Roll call on Senate Bill No. 5:

    Yeas—39.

    Nays—Angle, Gustavson—2.

    Excused—Arberry.

    Senate Bill No. 5 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 6.

    Bill read third time.

    Remarks by Assemblywomen Leslie and Freeman.

    Roll call on Senate Bill No. 6:

    Yeas—39.

    Nays—Angle, Gustavson—2.

    Excused—Arberry.

    Senate Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 7.

    Bill read third time.

    Roll call on Senate Bill No. 7:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 7 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 8.

    Bill read third time.

    Roll call on Senate Bill No. 8:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 8 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 9.

    Bill read third time.

    Roll call on Senate Bill No. 9:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 9 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 10.

    Bill read third time.

    Remarks by Assemblywoman Angle.

    Roll call on Senate Bill No. 10:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 11 be taken from its position on the General File and placed at the bottom of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 12.

    Bill read third time.

    Remarks by Assemblymen Humke and Goldwater.

    Roll call on Senate Bill No. 12:

    Yeas—25.

    Nays—Bache, Buckley, Chowning, de Braga, Dini, Goldwater, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Oceguera, Ohrenschall, Parks, Parnell—16.

    Excused—Arberry.

    Senate Bill No. 12 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 13.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Senate Bill No. 13:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Bill No. 13 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Joint Resolution No. 1.

    Resolution read third time.

    Roll call on Senate Joint Resolution No. 1:

    Yeas—41.

    Nays—None.

    Excused—Arberry.

    Senate Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.

    Resolution ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 3:38 p.m.

ASSEMBLY IN SESSION

    At 9:36 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 14, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 2, 4, 6, 8, 9, 11; Assembly Joint Resolution No. 1.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the vote whereby Senate Bill No. 2 was lost be rescinded.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Assemblywoman Buckley moved that Senate Bill No. 2 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 2.

    Bill read third time.

    Remarks by Assemblywomen Buckley and Giunchigliani.

    Roll call on Senate Bill No. 2:

    Yeas—24.

    Nays—Angle, Bache, Carpenter, Chowning, Collins, de Braga, Giunchigliani, Goldwater, Gustavson, Parnell, Price, Smith, Von Tobel, Williams—14.

    Excused—Arberry, Beers, Brower, Humke—4.

    Senate Bill No. 2 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 9:42 p.m.

ASSEMBLY IN SESSION

    At 10:25 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 14, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 1, 3, 10, 12; Senate Bill No. 14.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 1, 2, 3.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 14.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 14 considered engrossed, declared an emergency measure under the Constitution and placed at the top of third reading and final passage.

    Remarks by Assemblywoman Buckley.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 14.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Bache, Hettrick, Collins, Tiffany, Humke and Chowning.

    Assemblyman Price requested that the following remarks be entered in the Journal.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. Senate Bill 14 holds the line at 42-21, in order to not increase the size of government. It creates a new competitive congressional seat in the southern Nevada area, which does not contain growth or expansion. We also kept our pledge to the Hispanic community by establishing two 65 percent Hispanic seats in the Assembly, which allow for an effective voting majority. One seat is an open seat, which was also part of the pledge which was made during all of our negotiations. It was important to our leadership that the 2 incumbents allow themselves to be placed in a race against each other in order to create an open Hispanic seat. It also allows for, unfortunately, difficult decisions, by placing other incumbents against each other in order to maintain the size at 42-21.

    Everyone shared in the pain. Some examples are as follows: Assemblyman Price and Arberry are in a seat together, as are Assemblywoman Chowning and Assemblyman Bache; Assemblywoman Von Tobel and Assemblyman Parks; Assemblyman Brower and Assemblywoman Angle; Assemblywoman Gibbons and Assemblyman Humke; Assemblyman Gustavson and Assemblywoman Smith. In the Senate, there are 12 Republicans and 9 Democrats. There are various concerns still, though, about these areas because of the lack of an open Hispanic seat. The Senate majority drew their maps, despite objections which were made against details contained in this bill. The State Board of Education is at ten members and the regents are at 13 members, with two open seats. I would be happy to answer any questions or wait until after there is further discussion, Mr. Speaker.

    Assemblyman Bache:

    Thank you, Mr. Speaker. I will be supporting this bill, but I’m extremely disappointed that the University Board of Regents chose to expand to 13 instead of following the example that we, as a Legislature, set in maintaining a 42-21 map. Here you currently have a group of 11 people who can’t get along with each other and have a hard time reaching decisions, and yet they want to expand to 13 and have more people who can’t work together. I think it would have been appropriate had they been reduced to ten and let it work like the State Board of Education. I would like to commend the State Board of Education with how they worked on developing their map for this reapportionment process. Thank you, Mr. Speaker.

    Assemblyman Hettrick:

    Thank you, Mr. Speaker. I rise in opposition to SB 14. I just got a chance to walk around and glance at this map. I’ve never even seen the district that I had before. It was different than any map I’ve ever been shown. I never even had an opportunity to discuss it with anyone. In addition to that, the understanding I have is that the open Hispanic seat on the Senate side was removed at the request of the Senate Minority Leader, who had two members who were paired and chose to have those members separated. When they separated them, one of those members had to go into the open Hispanic seat. I believe that was a problem with the majority on the Senate side. These maps are a disservice to rural Nevada, they are a disservice, in my opinion, to all of Nevada. There is no fairness in what has been done here. We tried over and over again to make a change; you are all aware of the effort we made today to try and get some fairness into these maps. It is disappointing to me that this process comes down to this type of method, to get things done. I urge my colleagues to not support this. It is a poor way to do business.

    Assemblyman Collins:

    Thank you, Mr. Speaker. Twenty years ago, I didn’t ask the right people to change the boundaries and it didn’t happen. My wife ran three times unsuccessfully for the Assembly. I ran once unsuccessfully in the 1980’s. So, I thought I would ask sooner. The 1991 Session moved us to where we had an opportunity to be elected and I was elected in 1992. I am very happy to have served four terms in this legislature. For over two years, I was asking for the carving to fit a certain area—I didn’t get it today. I’ve known all along that it would take 50 or so seats of expansion to get it.

    What I really hope that every one of us takes home with us, that I hope every one of us remembers when we’re running again, that we’ll remember every day that this is something we do every ten years in Nevada. We need to remember, especially those who come back here, that we represent all of Nevada, whether it’s urban, rural, north or south. I hope we’ll have the fairness and understanding to represent all of Nevada, for everyone that comes back here. I would like to have some better lines for me and some of my cowboy friends, but I didn’t get it. I’m still going to do the best I can for Nevada. I hope everyone else will too. Thank you.

    Assemblywoman Tiffany:

    Thank you, Mr. Speaker. I rise in opposition of S.B. 14. I support the fact that we kept the Legislature, as a matter of fact, government, the size that exists today. I support the 42-21. I applaud us for doing the right thing. However, I have to say that I have become disappointed, disillusioned and disgusted. I wonder what the heck is wrong with this Legislature. Why is it that we allow special interests to go behind the closed doors and make our decisions, about our maps, our reapportionment and our lines? And yet, our colleagues sitting in here, didn’t get to look at their lines, didn’t get to adjust their lines, didn’t get to have any input. I watched these special interests, not only help with reapportionment, they also were right along with creating their strategy of getting their bills passed, not our bills passed. That’s what I watched the last day of our session from 11 p.m. to 1 a.m. I have to tell you, when I went home and had to explain this to my constituents, I was pretty disgusted. So, the reason I’m voting against this is because I do like the size, but I do not like how this process is run. I think somebody has to finally stand up and make that statement and bring it to the light of day. We, the legislators, we’re the one’s who should be adjusting our lines. Thank you, Mr. Speaker.

    Assemblyman Humke:

    Thank you, Mr. Speaker. I rise in opposition to S.B. 14, for the following reasons: there’s been an unprecedented lack of input for the legislative members; there has been a remarkable lack of fairness; and, there has been a complete lack of good faith. Thank you.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. Perhaps we need to do a little bit of revisionist history here from the session. I’ll go back to the month of April. There were hearings that were held, public hearings for the first time ever, around this state, by Elections, Procedures and Ethics and the Senate Government Affairs Committees, to gather input from the public. We had input from the African American community, the Asian community and the Hispanic community, as well as the rural counties, who very forcefully made their case for enlargement. We had a great deal of respect for that input. That was taken into a great deal of consideration. We subsequently introduced a piece of legislation with the 42-21, from this house. Now, the Senate did not have the courtesy to offer their minority Assembly members an opportunity for a bill or a hearing. The Assembly Elections committee scheduled a hearing, so they could present their 46-map to us, through a public process. Unfortunately, we passed our legislation over a month ago; until last week, a bill had not even been passed. We passed two pieces of reapportionment legislation over to the Senate. At 11:48 p.m., the Senate finally moved their reapportionment bill over here. I don’t think they acted prudently nor in a timely manner. I believe this body did, regardless if you’re a Democrat or Republican. We acted in a prudent, timely manner.

    I have to remind everyone that this is the most contentious, partisan issue that we deal with, and we do it every ten years. We did the best we could. I think we’ve done the best to make sure that everyone’s voice has been heard. We attempted, and I commend our leadership as well as the minority leadership, to get to what I have always called a “win-win.” When I used to negotiate, we did it to getting to “yes,” where both parties felt good about what they did. I think you’re hearing today that both parties don’t feel good about what they did. That is part of the process. I would point out, though, that in this House, with the input from the minority party, we had them draw their lines and make their recommendations on who to place in races against each other. We did not make the call, as the majority.

    It’s uncomfortable, it’s hard, it’s a difficult decision to make. At some point, we have to recognize this is about business—it’s not personal. We made a decision to stay at 42-21. That is not where we began over a month ago. What was offered was originally 42-21, as long as we dealt with a package which had decent lines regarding the congressional seat, respect for our Senate Republicans and Democrats and our Assembly Republicans and Democrats, in this house. We even offered, through our leadership, to expand the legislature, if that could have been resolved in a package. I even met with Republicans in this house, as well as in the Senate, who supported 42-21, yet did not ever vote, on two occasions, based on their convictions regarding a 42-21. We never penalized anyone for that. We still attempted to work with each other, regardless of whether or not it was the size.

    It was this body that stayed with the pledge of trying to make sure we didn’t hurt rurals, that we did not hurt the north, but we also recognized the whole purpose of census and redistricting—the population shifted south. That is the whole purpose. Two-thirds of the people reside in southern Nevada. Despite that, we even created a map, which not all of us are thrilled with, believe me, on a Congressional seat that has a dead-even registration. Yet, in Clark County—and that’s what drove us for qualifying for a third seat—there are 45,000 Democrats. We agreed in the interest of partnership, to create an equal seat.

    I think we have done a very good job of attempting to balance the needs of this state, because no matter where we go home, whether to rural counties, Clark County, or northern Nevada, we’re still state representatives and every person in this body will continue to make the right decision for what’s best for the entire state as well as their constituents. You don’t need a map to change that intent. No person in this body, whether we come back next time or not, will have lost that pledge to the State of Nevada and the constituents we represent statewide.

    Unfortunately, there are some problems with these maps. Absolutely. I will unequivocally state that our Senate Minority Leader did not place Senator Carlton in the open Hispanic seat and I’m offended that was even recommended or was done by the Senate. There was at least three different maps that were represented where we still wound up with a 12-9 and we kept an open Hispanic seat. That decision was not made by our minority leader. I want that clarified for the record. No matter what, we’re all going to share in this pain. Hopefully, after we go home, our constituents will gain from our growth and recognition that we all still have to work together. So, despite your opposition to some parts of this, I share my colleagues’ concern regarding the regents; I was probably one of the strongest to oppose it. I absolutely believe there should not have been increases. In fact, I’ve requested a bill for next session for a constitutional amendment to have the regents be appointed by the governor and reduce them to five seats. That being said, we still have an obligation to do what is best and I think SB 14 complies with what the intent is for the State of Nevada. Thank you.

    Assemblywoman Chowning:

    Thank you, Mr. Speaker. I stand here tonight, at 10:45 p.m., and we have ten years. Ten years ago, an open Hispanic seat was created. The person that was elected to sit in that seat was myself. I proudly represented the entire state in District 28, for all of these terms. I will continue to represent the entire state if I am chosen, from wherever I am chosen. In our house, we made a pledge to the fastest-growing population, per capita, in the Hispanic population, in the entire United States. That is in our state, most especially in the southern part of our state. We, in our house, made a great sacrifice and two of us are going to be running against each other, or whatever the path may bring. We wanted to give the biggest chance and the most majority for a Hispanic seat. I am extremely disappointed that we didn’t do the same on the Senate side. We promised. We made that promise to our Hispanic citizens. I don’t think there is anyone here in this body that did not think that promise was not made. Whether or not the promise was made, it’s the right thing to do. I’m extremely disappointed. If anyone looks at Clark County Senate District 2, you can see the little tiny sliver that is at the corner. It certainly looks like gerrymandering to me. It is extremely disappointing. I think the Hispanic population deserves that representation. They were promised an open seat and they do not have it. I stand in great disappointment because of that. I think we have let them down. I am extremely disappointed. I will continue, along with my colleagues, to give the very best representation that I can to all of the citizens of our state. Thank you.

    Roll call on Senate Bill No. 14:

    Yeas—24.

    Nays—Angle, Beers, Berman, Brower, Brown, Carpenter, Cegavske, de Braga, Dini, Gibbons, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—17.

    Excused—Arberry.

    Senate Bill No. 14 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 11 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 11

    Bill read third time.

    Remarks by Assemblymen Bache and Gibbons.

    Conflict of interest declared by Assemblywoman Gibbons.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 10:47 p.m.

ASSEMBLY IN SESSION

    At 11:13 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Remarks by Assemblywoman Smith.

    Roll call on Senate Bill No. 11:

    Yeas—26.

    Nays—Angle, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—14.

    Not Voting—Gibbons.

    Excused—Arberry.

    Senate Bill No. 11 having failed to received a two-thirds majority, Mr. Speaker declared it lost.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bills Nos. 5 and 7 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.

REMARKS FROM THE FLOOR

    Assemblyman Goldwater requested that the following remarks be entered in the Journal.

    Assemblywoman de Braga:

    Mr. Speaker, I would like to read a statement into the record on what is now A.B. 5, which is on the Chief Clerk’s desk. I supported that measure, however, there appears to be some confusion over the intent of the amendment passed in the late hours of the last session. I hope there is some way, either by a statement on the record or by letter of legislative intent, to clarify Section 39. In the past, and in many other areas of the statutes, municipal utilities have been exempt from PUC oversight in the same manner as Co-op’s and GID’s. This version appears to change that or has lost that provision. I have letters from the mayors from all three of the municipal utilities in this state: Boulder City, Caliente and Fallon, asking for this clarification. The bill itself seems to have a conflict between Section 39, where is states that Section 40 does not apply to non-profit corporations, which municipal utilities are, and Section 33, which includes municipal utilities. I think there needs to be some method of assuring that the municipal utilities, which are operating at the time this bill becomes effective, are exempt. It is my understanding that the maker of the amendment did not intend to remove municipal utilities and I hope some method can be found to convey that to the Public Utilities Commission. Thank you.

    Assemblyman Goldwater:

    Thank you, Mr. Speaker. In reference to what the representative from Fallon was referring to, I was the sponsor of that bill. I was the maker of that amendment. She is absolutely correct when she says that municipal utilities were to be exempt from having to contribute to the universal service charge, if they showed the Public Utilities Commission that they were able to provide the same service that the bill was going to provide, which is assistance for low income energy. Those people still receive that assistance. They weren’t paying the universal service charge somehow through their negotiated rate. If this helps at all, with the legislative intent, that certainly was the sponsor’s intent and hopefully we can fix this in the interim and if not, before the year 2002.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Dema Guinn, Earlene Forsythe, Jerry Stacy and Cindy Bush.

    On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Laurence Matheus, Marlys Matheus, Wendy Stevens and Suzann Stevens.

    On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy Price.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:19 p.m.

ASSEMBLY IN SESSION

    At 11:38 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Mr. Speaker appointed Assemblymen Buckley, Dini and Hettrick as a committee to wait upon His Excellency, Kenny C. Guinn, Governor of the State of Nevada, and to inform him that the Assembly was ready to adjourn sine die.

    Mr. Speaker appointed Assemblymen Williams, Cegavske and Anderson as a committee to wait upon the Senate and to inform that honorable body that the Assembly was ready to adjourn sine die.

    A committee from the Senate, consisting of Senators Porter, Mathews and Shaffer, appeared before the bar of the Assembly and announced that the Senate was ready to adjourn sine die.

    Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was ready to adjourn sine die.

    Assemblyman Williams reported that his committee had informed the Senate that the Assembly was ready to adjourn sine die.

    Assemblywoman Buckley moved that the Seventeenth Special Session of the Assembly of the Legislature of the State of Nevada adjourn sine die.

    Motion carried.

    Assembly adjourned at 12:16 a.m.

Approved:Richard D. Perkins

Speaker of the Assembly

Attest:                Jacqueline Sneddon

                    Chief Clerk of the Assembly

UNION LABEL