THE FOURTH DAY
Carson City (Thursday) February 4, 1999
Assembly called to order at 11:03 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Ken Haskins.
Our Heavenly Father, yesterday was the 40th anniversary of what has become to be known as the day the music died. Buddy Holly, Richie Valens, J.P. “The Big Bopper” Richardson, and the young pilot, Roger Peterson, died in the plane crash near Clear Lake, Iowa. The musicians died but their music lives. For those of us who loved it then, we appreciate it all the more now. Father, for these servants in this Assembly, bless them as they use their god given talents to promote and to make a positive contribution to the lives of many for many years to come. In the name of our Lord Jesus, I pray. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:07 a.m.
ASSEMBLY IN SESSION
At 11:15 a.m.
Mr. Speaker presiding.
Quorum present.
SPECIAL ORDERS OF THE DAY
The hour of 11:15 a.m. having arrived, vetoed Assembly Bills Nos. 512 and 596 of the 69th Session were considered.
Vetoed Assembly Bill No. 512 of the 69th Session.
Governor’s message stating his objections read.
State of Nevada
Executive Chamber
Carson City, Nevada, 89701 July 17, 1997
The Honorable Joseph E. Dini, Speaker, Nevada State Assembly, Legislative Building,
Carson City, NV 89710
Dear Speaker Dini:
I am herewith forwarding to you, for filing within the Constitutional time limit and without my approval, Assembly Bill 512, entitled:
AN ACT relating to contractors, providing for the regulation of contracts for the construction of residential swimming pools and spas; prohibiting certain acts and omissions by contractors regarding the construction of residential swimming pools and spas; providing a penalty; and providing other matters properly relating thereto.
Instead of helping Nevada’s consumers, A.B. 512 may reduce the number of pool and spa contractors, thereby reducing consumer choice and undermining healthy competition. The installment payment plan mandated by this legislation places onerous financial demands on pool and spa contractors that could threaten their viability by forcing them to assume an unreasonable level of financial risk.
I am against overregulation at a time when government at all levels has recognized the problems attendant to the overregulation of commerce which, in the long run, only increases the costs to the consumer. This legislation has been represented as reflecting the legitimate needs and interests of both consumers and pool and spa contractors. However, it has become clear that, in fact, the contractors have not been consulted nor afforded an opportunity to present evidence as to the financial implications of such drastic legislation on their ability to remain in business.
Sincerely,
Bob Miller
Bill read.
The question was put: “Shall the bill pass, notwithstanding the objections of the Governor?”
Remarks by Assemblyman Lee.
The roll was called, and the Assembly sustained the veto of the Governor by the following vote:
Yeas–0
Nays-Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel, and Williams–40.
Not Voting–Gibbons and Lee–2.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Lee:
Thank you Mr. Speaker. To you and through you to this esteemed body. As you know, the first duty given to each legislator in this session is to bring back to our constituents a balanced budget or a budget which continues to operate effectively and efficiently. While this is being debated, we try to craft good legislation that allows every citizen in the State of Nevada a better quality of life.
The 69th Session, to us here, was a consumer’s session. In my panorama, my chair-mate from District 8 championed HMO legislation. Behind me, from District 6, Charter Schools were brought forth. In my forefront, District 10, renter and landlord rights were discussed.
In southern Nevada, pool contractors were bilking residents out of hundreds of thousands of dollars by overcharging on deposit-down payments, defective work and timely work construction. The Senate and Assembly took this to task and crafted legislation that you can all take pride in. You did a good job for the consumers. It gave the consumer more rights and protection than they previously had.
The Governor at that time had different ideas about this legislation and vetoed it in the last days after we had left session. Later, in better vision, he saw the wisdom and intelligence of this bill and had the major provisions of this bill placed in state regulations. This allowed the contractors board to have the tools they needed to do the much needed work that had to happen.
Mr. Speaker, at this time, I will not redraft AB 512. I do reserve the right to revisit this issue if it becomes a topic of concern again. Thank you, Mr. Speaker.
Vetoed Assembly Bill No. 596 of the 69th Session.
Governor’s message stating his objections read.
State of Nevada
Executive Chamber
Carson City, Nevada, 89701 July 16, 1997
The Honorable Joseph E. Dini, Speaker, Nevada State Assembly, Legislative Building,
Carson City, NV 89710
Dear Speaker Dini:
I am herewith forwarding to you, for filing within the constitutional time limit, and without my approval. Assembly Bill 596, entitled:
AN ACT relating to public schools; creating the Incline Village school district; defining “county school district” for purposes of the Nevada Revised Statutes as including the Incline Village School district; and providing other matter properly relating thereto.
After a careful analysis of the issues pertaining to AB 596, it is clear that much of the motivation behind this legislation stems from the belief of many Incline Village residents that the Washoe County School district has failed to adequately address their educational needs. The Governor’s Office has received numerous phone calls, faxes and correspondence from constituents in Incline Village expressing their dissatisfaction with the board and administrators of the Washoe County School District.
The most commonly stated complaint is that many residents of Incline Village feel they do not have substantial representation at the school district level. Incline Village accounts for only 3 percent of the student enrollment in Washoe County, but pays 11% of the property taxes that fund schools throughout Washoe County. For this reason, many Incline Village residents have complained that their request for a new elementary school in Incline Village was unfairly denied by the Washoe County School Board in lieu of capital projects in other areas of the district.
I sincerely believe that the support for AB 596 is based on the desire of parents, business leaders and citizens-at-large in Incline Village to provide their children the best education possible. I commend this noble objective, but AB 596 does not serve the best interest of education. I therefore must veto AB 596.
There are several reasons I must veto this bill, and in the interest of clarity, I am detailing them below:
Fiscal Impacts:
My primary concern is that AB 596 would have an adverse fiscal impact on the children of Incline Village. Section 6 states “in a county in which more that one school district exists, the county treasurer shall separately account in the county school district fund for all money received for each school district in the proportion that the average daily attendance of pupils most recently calculated for each school district pursuant to NRS 387.123 bears to the total average daily attendance of pupils who are enrolled in public schools in the county.”
According to the Nevada Department of Education, if this bill had been in effect in FY 1996, Incline village’s proportion of the average daily attendance would be 2.88% of the total enrollment in Washoe County. The total revenue for the Washoe County School District in FY 1996 for the General Fund and the Special Education fund was $200,505,473. 2.88% of the revenue is $5,774,558. The expenditures attributed to the Incline Village schools in those two funds for FY 1996 totaled $7, 251,920. Therefore, the funding formula in Section 6 would have resulted in a shortfall for Incline Village of $1,469,266 in FY 1996—a $1,114 reduction per student. The projections for fiscal years 1997 and 1998 show that Incline Village would continue to be faced with a shortfall of $1,369,874 and $1,333,732 respectively.
Additionally, the cost per student is greater in smaller schools that larger ones. The high school and middle school at Incline Village are both smaller than the average school for those grades in Washoe County. As a result, the Washoe County School District is currently spending $1,417 more per student for Incline High school and $1,207 more per student for the middle school Under AB596 Incline Village would no longer benefit from the economy of scale that is provided by the Washoe County School District.
Precedence:
Section 2,3C of Assembly Bill 596 states: “The creation of an Incline Village school district will allow the legislature and all other interested parties to consider the desirability of creating school districts in other geographically isolated portions of this state.””
This statement clearly means that one of the purposes of AB 596 is to establish a criterion and a precedent for changing the consolidated county school district system in Nevada. The 1995 Nevada Legislature established the SCR 30 Subcommittee to Study Reconfiguring the Structure of School District. This subcommittee included in its recommendations a method to evaluate proposals for the reconfiguration of school districts that included a comprehensive fiscal review of such proposals and a process for public input. AB 596 was drafted without any formal fiscal review by the Legislative Council Bureau, the Department of Administration or the Nevada Department of Education. Additionally, AB 596 does not allow for any public review of school district reconfiguration proposals.
The SCR 30 subcommittee outlined several factors that should be given careful consideration when reviewing proposals for the reconfiguration of school districts. AB 596 focuses on only one of these factors, geographic isolation. AB 596 establishes a precedent of changing a school district boundary based solely on geographic isolation, but fails to clearly define how this can be measured. Geographic isolation, as the sole consideration set forth in this bill, does not constitute a sufficient rational for de-constructing a consolidated school district system.
Process:
Given the momentous policy consequences of AB 596, it is unacceptable that testimony related to this legislation was heard only in the Assembly Committee on government Affairs, and heard only briefly during the rush to adjournment of the legislative session. I believe the sweeping importance of this bill dictates its thorough hearing before the legislative committees that deal with finance, education, taxation and government.
Conclusion:
I commend the citizens or Incline Village for seeking greater involvement in the education of the community’s children, and I encourage them to pursue vigorously every opportunity available to them through existing statute. For example, the Washoe County School District is one of the few districts that has adopted a “shared decision-making” program that provides greater authority and responsibility at the school site, rather than at the central administration or school board level. The elementary school in Incline Village has already been designated as a “shared decision-making” site, and I emphasize this program should be expanded to include the middle school and high school.
Additionally, the 1997 Nevada Legislature passed Senate Concurrent Resolution No. 8, which encourages the board of trustees of each county school district to create a community advisory board. I urge the Washoe County School District to create a community advisory board in Incline Village to enable this community to have a stronger standing in the decision making
process to improve the quality of education for the young people of Incline Village.
Sincerely,
Bob Miller
Governor
Bill Read.
The question was put: “Shall the bill pass, notwithstanding the objections of the Governor?”
Remarks by Assemblyman Humke.
The roll was called, and the Assembly sustained the veto of the Governor by the following vote:
Yeas–Gibbons and Brower–2
Nays-Anderson, Angle, Arberry, Bache, Beers, Berman, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel andWilliams–40.
Assemblyman Hettrick requested that the following remarks be entered in the Journal.
Assemblyman Humke:
Thank you, Mr. Speaker. I voted for AB 596 of the 69th Session. I did so because of the conditions which existed at the time in 1997, in Washoe County. I was informed, having not served on the appropriate committee that heard the bill, that the Washoe County School District Board of Education, as well as administrators, were not addressing the concerns of all citizens in all areas of the Washoe County School District. I voted for the bill even though it was not perfect. In large part due to the fact that, as I understood it, the Washoe County School District did not fully participate in the legislative process here in Carson City.
I would say parenthetically that the veto message by the now former chief executive of the state was very well reasoned. Most of the conditions that the former Governor has pointed out in the Washoe County District have changed for the positive. The new superintendent is open and marvelously dynamic. He is a big hit in the business community in Washoe County. He is also a big hit with parents and with students.
The Washoe County Board of Education is, in my opinion, now far more open to the concerns of all persons in the Washoe County community. The administrators similarly are far more open.
In short, the conditions are not perfect in the Washoe County School District but they are at least 100 percent better. I will vote to sustain the veto, and, similar to the last issue, we can always revisit this issue if need be. Thank you, Mr. Speaker.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 72, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to Committee on Commerce and Labor.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 72 be re-referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Assembly Concurrent Resolution No. 4—Urging the family courts to coordinate and integrate as fully as possible all case files pertaining to the same parties or children and to ensure that such parties or children are directed to the appropriate agencies and services in a timely manner and directing the Chief Judges of the Second and Eighth Judicial Districts each to submit to the next regular session of the Nevada Legislature a report that includes a summary of any actions that have been or will be taken in the judicial district to achieve such results and any suggestions for necessary legislation to assist the judicial district in achieving such results.
Assemblyman Anderson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 5—Amending the Joint Rules of the Senate and Assembly for the 70th legislative session to restrict the introduction and consideration of certain bills.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Joint Rules of the Senate and Assembly as adopted by the 70th session of the Legislature are amended by the following addition:
Rule No. 23. Limitation on Hearing.
1. On or after the 60th calendar day of the legislative session, a concurrent resolution or a resolution of one House that is used to memorialize a person or congratulate or commend a person or organization may only be considered on the floor of the Senate or Assembly as the last order of business before adjournment on a Friday.
2. In relation to a concurrent resolution, this rule may only be waived upon an affirmative vote of two-thirds of all members elected to the Senate and an affirmative vote of two-thirds of al members elected to the Assembly. In relation to a resolution of one House, this rule may only be waived upon an affirmative vote of two-thirds of all members elected to the House of origin. Any vote taken pursuant to this rule must be recorded in the journal of the House.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 6—Encourages the Department of Human Resources to contract with community-based organizations and essential community providers to reach out to and provide incentives to such organizations and providers that reach out to low-income families to increase participation in the Children’s Health Insurance Program.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 7—Urging the Department of Human Resources to access the maximum appropriation available from the Federal Government to pay for the increased administrative costs of making eligibility determinations for Medicaid as a result of the Welfare Reform Act and to use part of the appropriation to provide grants to community-based organizations that assist the Department of Human Resources in complying with the Welfare Reform Act.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 8—Urging the Department of Human Resources to comply with the federal law requiring staff to be available at certain health care facilities to determine whether certain persons are eligible for Medicaid.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 9—Urging the Department of Human Resources to increase access to the services of personal care assistants for recipients of Medicaid.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 10—Urging the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources to use a continuous quality improvement approach to monitor the quality of care provided to residents of certain facilities for long-term care.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 11—Directing the Legislative Commission to appoint an interim committee to continue the review and evaluation of the services and treatment provided to mentally ill persons in this state.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 12—Urging the Department of Human Resources to provide reimbursement for the cost of living in an assisted living facility for recipients of Medicaid in appropriate circumstances.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Transportation:
Assembly Bill No. 76—AN ACT relating to motor vehicles; requiring the director of the department of motor vehicles and public safety to order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver; authorizing the transferee and transferor of a motor vehicle to write their signatures upon the certificate of ownership for the vehicle by any method that is approved by the department of motor vehicles and public safety; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 77—AN ACT relating to writs of garnishment; requiring that a defendant be identified in a writ of garnishment by his social security number or a tax identification number; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 78—AN ACT relating to prisons; eliminating the duty of the director of the department of prisons to return a certified copy of a judgment of conviction to the county clerk upon the termination of imprisonment of a prisoner; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 79—AN ACT relating to parole; requiring the division of parole and probation of the department of motor vehicles and public safety to categorize a discharge from parole as honorable or dishonorable; requiring that a parolee must be issued an honorable discharge to have his civil rights restored; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 80—AN ACT relating to parole; making various changes concerning a parolee who commits a felony in another jurisdiction; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 81—AN ACT relating to the state judicial department; clarifying that judges of municipal courts and justices of the peace may not seek reelection if they were previously removed or retired from any judicial office; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 82—AN ACT relating to sanity commissions; transferring the duty to establish the compensation of the members of such a commission from the judge impaneling the commission to the administrator of the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 83—AN ACT relating to debit cards; providing that certain crimes and civil actions concerning credit cards also apply to debit cards; providing penalties; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 84—AN ACT relating to the state board of parole commissioners; authorizing the chairman of the board to designate a member of the board as senior parole commissioner; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 85—AN ACT relating to crimes against property; increasing the penalty for committing petit larceny three or more times within a certain period; making various changes to provisions concerning a merchant taking a person into custody and detaining him; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 86—AN ACT relating to justices of the peace; requiring that the justices of the peace in certain townships be licensed and admitted to practice law in the courts of this state; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 87—AN ACT relating to civil liability requiring that certain money recovered in an action for constructional defects be placed in a court-administered escrow; requiring that notice of the defects be recorded at office of county recorder; amending the provisions governing the liability of this state and its political subdivisions relating to inspections of private buildings, structures, facilities or improvements; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Dini (by request):
Assembly Bill No. 88—AN ACT relating to districts; requiring the members of the board of directors of certain local and general improvement districts to obtain training concerning the duties of the members and the finances of the districts; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Marvel and de Braga; and Senators Rhoads and McGinness:
Assembly Bill No. 89—AN ACT making an appropriation to the juvenile detention center for the Sixth Judicial District for alternative education, counseling rooms, family resource center and certain improvements; and providing other matters properly relating thereto.
Assemblymen Marvel moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblywoman Berman:
Assembly Bill No. 90—AN ACT relating to pupils; prohibiting certain fund-raising activities involving pupils of public schools; and providing other matters properly relating thereto.
Assemblywoman Berman moved that the bill be referred to the Committee on Education.
By the Committee on Government Affairs:
Assembly Bill No. 91—AN ACT relating to cities; establishing, under certain circumstances, an alternative procedure for the annexation of territory by a city if the territory is entirely surrounded by the boundaries of the city; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 92—AN ACT relating to municipal obligations; authorizing a governing body to issue general obligation bonds for a water facility or wastewater facility to mature within 40 years from the date of issue; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 93—AN ACT relating to state financial administration; requiring certain contracts to be reduced to writing and signed by each party to those contracts; repealing provisions regarding recordation, custody and preservation of contracts to which the state is a party; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 94—AN ACT relating to veteran affairs; revising certain provisions relating to the account for a veterans’ cemetery in northern Nevada and the account for a veterans’ cemetery in southern Nevada; requiring certain money to be deposited in the budget account of the executive director for veterans’ affairs and accounted for separately for those cemeteries; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 95—AN ACT relating to local improvements; authorizing the creation of a local improvement district for a street beautification project; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 96—AN ACT relating to water; revising certain provisions governing projects for the recharge and recovery or underground storage and recovery of water; providing a civil penalty; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 97—AN ACT relating to water; expanding the circumstances under which a public water system may receive credit for adding the owners of certain parcels of land to the system; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 98—AN ACT relating to emergency management; requiring the chief of the division of emergency management of the department of motor vehicles and public safety to develop comprehensive, coordinated plans for emergency management; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 99—AN ACT relating to the state militia; increasing the maximum allowable age for commissioned officers of the Nevada National Guard; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 100—AN ACT relating to the housing division of the department of business and industry; increasing the permissible aggregate principal amount of the outstanding obligations of the division; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 101—AN ACT relating to the state controller; eliminating the prohibition against certain employees of the state controller pursuing other businesses or occupations; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 102—AN ACT relating to public records; revising provisions governing public access to the public records of governmental entities; requiring a governmental entity to make available certain information pertaining to its employees; requiring a governmental entity to ensure that the purchase of certain equipment will not impair or impede the ability of the entity to make public records available; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Marvel, de Braga, Hettrick, Dini, Carpenter, Collins, Neighbors and Humke; Senators Rhoads and McGinness:
Assembly Bill No. 103—AN ACT relating to state government; providing in skeleton form for the reestablishment of the department of minerals and the department of agriculture; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 104—AN ACT relating to campgrounds; revising the fees required to be paid by certain developers who sell memberships in campgrounds; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 105—AN ACT relating to time shares; authorizing the real estate administrator to establish fees for the examination of an applicant for a sales agent’s license; providing for the collection of fees related to the accreditation of courses of continuing education for sales agents; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 106—AN ACT relating to public works; requiring the state contractors’ board to certify a contractor as a qualified resident contractor if the contractor submits an application and certain proof to the board; authorizing the board to impose a fee for that certification; revising the provisions concerning the determination by a public body of the best bid submitted for an award of a contract for a public work; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 107—AN ACT relating to manufactured housing; requiring dealers to comply with certain requirements concerning money held by them pending the sale or exchange of an interest in a manufactured home, mobile home or commercial coach; establishing requirements relating to the enforceability of certain brokerage agreements; requiring dealers who enter into brokerage agreements to perform certain acts relating to their clients; revising the categories of licensure as a limited serviceman; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 108—AN ACT relating to unfair trade practices; clarifying the persons on whose behalf the attorney general may bring a civil action for unfair trade practices; clarifying the persons who may bring a civil action for unfair trade practices; increasing the percentage of money collected for unfair trade practices that must be credited to the attorney general’s special fund; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 109—AN ACT relating to deceptive trade practices; authorizing the director of the department of business and industry and the commissioner of consumer affairs to make public the name of any person alleged to have committed a deceptive trade practice; requiring the commissioner to make public upon request, any assurance of discontinuance accepted by the commissioner or the director; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 110—AN ACT relating to labor; requiring the wages or compensation of an employee who works with explosives to be based solely on the number of hours the employee works; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 111—AN ACT relating to safety in the workplace; requiring the establishment of a written safety program in all workplaces where explosives are manufactured or handled; requiring an employer to furnish certain documents and programs related to safety in the workplace in a language and format that is understandable to each of his employees; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 112—AN ACT relating to occupational safety; requiring the division of industrial relations of the department of business and industry to establish standards and procedures for places of employment where explosives are produced, used, stored or handled; providing for the certification of such places of employment and employees engaged in the production, use, storage or handling of explosives; requiring the disclosure of confidential information of the division to law enforcement agencies under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 113—AN ACT relating to health care records; expanding the circumstances under which a provider of health care is required to make health care records available for inspection by an investigator for the attorney general or a grand jury; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 114—AN ACT relating to Oriental medicine; authorizing the governor to remove a member of the state board of Oriental medicine under certain circumstances; revising the qualifications for licensure to practice Oriental medicine or to practice as a licensed assistant; increasing the penalty for the unlicensed practice of Oriental medicine; expanding the definition of “physician” to include doctor of Oriental medicine; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 115—AN ACT relating to the protection of property; extending the date of expiration of a permit to operate as a locksmith or safe mechanic; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 116—AN ACT relating to professional occupations; prohibiting a person from aiding or abetting another person in the unauthorized practice of architecture, interior design or residential design; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Berman, Buckley, Collins, Beers and Gibbons; Senator Amodei:
Assembly Bill No. 117—AN ACT relating to crimes; providing an additional penalty for wearing or using body armor during the commission of a crime; and providing other matters properly relating thereto.
Assemblywoman Berman moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 118—AN ACT relating to courts; providing that trials and other proceedings in justices’ courts must be conducted without juries; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 119—AN ACT relating to sovereign immunity; removing the limitation on certain damages that may be awarded to a person in a tort action against the State of Nevada or any of its political subdivisions for an act or omission of certain officers or employees thereof or of an immune contractor or state legislator; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 120—AN ACT relating to legal documents; providing for service of certain legal documents by means of a facsimile machine; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 121—AN ACT relating to traffic laws; authorizing a court to enter a judgment of conviction and impose a sentence if a person who is issued a traffic citation violates his written promise to appear; requiring traffic citations to contain certain information; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 122—AN ACT relating to justices’ courts; requiring a justice’s court or a county to collect restitution ordered by the court; requiring that the money collected by a justice’s court or county for restitution be paid to the person named in the order or deposited to a fund for the compensation of victims of crime; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 123—AN ACT relating to common-interest ownership; exempting common-interest communities located within certain counties from certain provisions of the Uniform Common-Interest Ownership Act; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 124—AN ACT relating to state financial administration; changing the designation of certain funds to accounts; changing the designation of the account to which certain proceeds of the tax on liquor are transferred; changing the designation of the department of human resources’ gift fund from a special revenue fund to a trust fund; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 125—AN ACT relating to public employees; revising the provisions governing the manner in which the compensation deferred pursuant to the public employees’ deferred compensation program and all property, rights and income relating thereto are held by the state to comply with federal law; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 126—AN ACT relating to state employees; requiring that the interest and income earned on the money in the deferred compensation account be credited to the account; requiring that certain money be deposited in the account; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 127—AN ACT relating to notaries public; providing that information obtained by the secretary of state during an investigation of a violation of certain provisions concerning notaries public is confidential; increasing fees that notaries public may charge for providing certain services; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 128—AN ACT relating to state obligations; authorizing a state agency that issues bonds in the name of the state to delegate the authority to sign a contract for the purchase of the bonds to a person designated by the state treasurer; authorizing the state treasurer to employ legal, financial and other professional services in connection with the authorization, sale or issuance of certain obligations; expanding the time within which certain bonds for highway construction must mature; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 129—AN ACT relating to public investments; revising certain limitations on the investment of state money; authorizing the state treasurer to employ investment and financial advisers; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 130—AN ACT relating to elections; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 131—AN ACT relating to state employees; authorizing collective bargaining for certain state employees; creating a board for labor relations for state employees; providing for bargaining units and for their representation; establishing procedures for collective bargaining and for making, revising and amending collective bargaining agreements; prohibiting certain unfair labor practices; authorizing the superintendent of the state printing division of the department of administration to make certain labor agreements; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 132—AN ACT relating to public lands; authorizing the division of state lands of the state department of conservation and natural resources to establish and carry out certain programs relating to the Lake Tahoe Basin; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 133—AN ACT relating to water; limiting the circumstances under which a person may apply for a permit to appropriate water for wildlife purposes or for the benefit of the environment; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 134—AN ACT relating to public water systems; expanding the authority of the state board of health to regulate such systems; requiring certain systems to have the necessary technical, managerial and financial capacities to comply with certain federal regulations; revising the requirement that operators of such systems be certified by the state board of health; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 135—AN ACT relating to agriculture; revising the definition of “nursery” to include a location where nursery stock is propagated and from which nursery stock is distributed directly to a customer; exempting certain nurseries that are licensed by another state from the requirement of obtaining a license from the administrator of the division of agriculture of the department of business and industry; revising the definition of “peddler” to exclude certain nurserymen licensed by another state; requiring nursery stock shipped intrastate or interstate to a point within this state to be accompanied by an inspection certificate or a phytosanitary certificate; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 136—AN ACT relating to watercraft; clarifying restrictions on the operation of a vessel; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 137—AN ACT relating to excavations; transferring the responsibility for the abatement of certain dangerous holes, excavations or shafts from the counties to the division of minerals of the department of business and industry; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 138—AN ACT relating to watercraft; increasing the threshold amount of property damage at which an operator is required to report a casualty involving his vessel; requiring the division of wildlife of the state department of conservation and natural resources to investigate certain casualties; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Mr. Speaker announced that if there were no objections the Assembly would recess subject to the Call of the Chair.
Assembly in recess at 12:17 p.m.
ASSEMBLY IN SESSION
At 12:22 p.m.
Mr. Speaker presiding.
Quorum present.
By the Committee on Health and Human Services:
Assembly Bill No. 139—AN ACT relating to public welfare; requiring the department of human resources to provide services pursuant to the Medicaid program to certain persons with disabilities whose total household income is less than 250 percent of the federally designated level signifying poverty; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 140—AN ACT relating to mentally ill persons; clarifying the provisions governing the testimony that may be considered in a proceeding for the involuntary court-ordered admission of a mentally ill person to a mental health facility; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 141—AN ACT relating to mentally ill persons; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released on convalescent leave may be returned to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 1.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle Davis.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Cash A. Minor and Benny Romero.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Erin Russell.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Reese.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Cheryl Bricker, Matthew Allen, Lynette Bertucci, Jennifer Boeche, Lara Bryte, Michael Burchett, Mike Murnett, Paul Carrion, Jeremy Chandler, Justin Chandler, Tonya Cioffi, Melissa Cosentino, Jill Cressaty, Brooke Evans, Amy Ferguson, John Garcia, Jamesa Gonzales, Dennis Hackman, Randall Halcomb, Justin Hall, Riker Hardy, Corey Jones, Roseann Kenney, Chris Knapp, Matthew Knesek, Shane Koos, Steven Lopez, Nicholas McCarthy, Rebecca McGough, Kelly McNeill, Martin Montgomery, Aaron Nelson, Robert Nix, Matthew Norberg, Lynette Pation, Jeremy Peters, Adam Prange, Jeremiah Rapp, Jason Rasberry, Charles Ross, Rebekah Rumple, Nicholas Sorenson, Justin Sparman, Cameron Thomson, John Wilson and John Wood.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Connellay and John Cooper.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Joshua Martinez.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to George Botta and Jay Harrison.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Richard MacDougal.
Assemblyman Perkins moved that the Assembly adjourn until Friday, February 5, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:31 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon