Carson City (Thursday), February 11, 1999
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Arberry, Carpenter, Collins and Marvel, who were excused.
Prayer by the Chaplain, Lt. John Van Cleef.
Direct, O Lord, this Assembly, in all of its doings, with Thy gracious hand. And further its members with Thy continual help; that in all works begun, continued and finished, they might know Your wisdom and will for the people of this great state. As they serve the people of Nevada, Lord, may Your hand of health be upon them and their families. We think of Mr. Marvel and his wife as we ask You to restore those who are now ill; sustain those who are struggling with illness; and keep those who are well. We ask You to accomplish this through our Great Physician. 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 130, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which were referred Assembly Bills Nos. 68, 140, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 49, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 10, 1999
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. 10.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 10:
Assemblyman Williams moved the adoption of the resolution.
Remarks By Assemblyman Williams.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Williams:
Thank you, Mr. Speaker. Carter G. Wilson initiated African-American history week in 1926. As we approach the millennium, it is important for us in Nevada to utilize this time, not so much to acknowledge and celebrate the deeds and accomplishments of African‑Americans throughout history, which is long and rich, but more importantly to do all we can to include everybody in our state; to get along; to acknowledge the value of all people – women, children, African‑Americans, Latinos, and others; and to make Nevada the great state that we all know it is.
I would urge my colleagues to adopt this resolution and I encourage them to use our legislative agenda to forward the circumstances of all people.
Resolution adopted.
Resolution ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Carpenter, Hettrick, Gustavson, Collins, Von Tobel, Neighbors, de Braga and Dini:
Assembly Bill No. 198—AN ACT relating to grazing; providing that a grazing preference right is appurtenant to base property; prohibiting a person from being deprived of that right without just compensation under certain circumstances; providing a penalty for willfully or negligently interfering with the herding or grazing of livestock or damaging or destroying certain improvements under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Beers, Nolan, Chowning, Koivisto, de Braga, Leslie, Brower, Hettrick, Cegavske, Gibbons, Von Tobel, Parks and Thomas:
Assembly Bill No. 199—AN ACT relating to watercraft; prohibiting the operation of certain motorboats by an operator who has not completed a course or passed an examination relating to safe boating; prohibiting the renting or leasing of such motorboats to such operators; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Mortenson, Giunchigliani, Cegavske, Hettrick, de Braga, Claborn, Anderson, Williams, Parks, Collins, Manendo, Von Tobel, Price, Gibbons, Segerblom, Nolan and Beers; Senator Porter:
Assembly Bill No. 200—AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against county and municipal ballot questions; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Gustavson, Humke, Parks, Manendo, Von Tobel, Cegavske, Beers, Tiffany, de Braga, Hettrick, Collins, Lee, Williams, Angle, Bache, Marvel, Carpenter, Berman, Price, Giunchigliani, Dini, Segerblom and Brower; Senators Amodei, Shaffer and Washington:
Assembly Bill No. 201—AN ACT relating to motor vehicles; eliminating the requirement that the driver and passenger of a motorcycle being driven on a highway wear protective headgear; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 202—AN ACT relating to professional land surveyors; authorizing a professional land surveyor to remove certain monuments; prescribing the manner in which such monuments must be perpetuated; 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. 203—AN ACT relating to the rehabilitation division of the department of employment, training and rehabilitation; specifying the duties of the administrator of the rehabilitation division; 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. 204—AN ACT relating to nursing; eliminating the civil liability of members of the state board of nursing under certain circumstances; revising the definitions of “nursing assistant,” “practice of practical nursing” and “practice of professional nursing”; expanding the definition of “practice of nursing” to include the direct and indirect provision of care; making various changes concerning disciplinary action against a licensee or a holder of a certificate; increasing the permissible fees that may be charged by the board; revising provisions governing the approval of schools of nursing; 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 Neighbors and Segerblom; Senator McGinness:
Assembly Bill No. 205—AN ACT making an appropriation to the State Public Works Board for the construction of a Hi-Tech Learning Center in Pahrump; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Neighbors, de Braga and Segerblom; Senator McGinness:
Assembly Bill No. 206—AN ACT relating to water; revising the circumstances under which the state engineer may reject an application for an interbasin transfer of ground water; requiring the state engineer to subordinate such an application to certain applications to appropriate ground water; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Claborn, de Braga, Koivisto, Price, Collins, Anderson, Giunchigliani, Ohrenschall, McClain, Leslie, Chowning, Mortenson and Humke:
Assembly Bill No. 207—AN ACT relating to taxation; providing under certain circumstances that a local or state apprenticeship committee is an organization created for educational purposes for the purpose of an exemption from sales and use taxes and certain analogous taxes; and providing other matters properly relating thereto.
Assemblyman Claborn moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Price, Collins, Chowning, de Braga, Parks, Cegavske, Giunchigliani, Arberry, Ohrenschall, Gibbons, Von Tobel, Beers, Berman, Williams, Segerblom, Buckley, Anderson, Carpenter and Bache:
Assembly Bill No. 208—AN ACT relating to solicitations by telephone; requiring a person who is incarcerated in a correctional facility when he makes a solicitation by telephone to disclose certain facts; providing that the failure to disclose such facts constitutes a deceptive trade practice; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Price, Collins, Chowning, de Braga, Parks, Giunchigliani, Arberry, Ohrenschall, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Anderson, Carpenter and Bache:
Assembly Bill No. 209—AN ACT relating to electricians; creating the board of electricians’ examiners; prescribing the duties and powers of the board; providing for licensing and disciplinary actions; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Price, Chowning, Ohrenschall, de Braga, Beers, Cegavske, Arberry, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Anderson, Carpenter and Bache:
Assembly Bill No. 210—AN ACT relating to privileges; creating an evidentiary privilege for a parent for certain confidential communications between the parent and his child; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Price, Collins, Chowning, Claborn, de Braga, Parks, Giunchigliani, Arberry, Ohrenschall, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Carpenter and Bache:
Assembly Bill No. 211—AN ACT relating to taxation; providing that certain property held by a legal entity formed by an apprenticeship committee is property of the apprenticeship committee for purposes of exemption from property taxes; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Price, Chowning, Hettrick, de Braga, Parks, Cegavske, Giunchigliani, Arberry, Gibbons, Berman, Von Tobel, Anderson, Williams, Segerblom, Buckley, Beers, Carpenter and Bache; Senator Jacobsen:
Assembly Bill No. 212—AN ACT relating to meetings of public bodies; excluding certain appearances by a quorum of a public body from the definition of “meeting” for the purposes of the open meeting law; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Education:
Assembly Bill No. 213—AN ACT relating to the state personnel system; requiring that certain information obtained in an investigation of the conduct of an officer or employee of the executive department of government be recorded, kept confidential until the completion of the investigation and made available to the public upon completion of the investigation; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Williams, Giunchigliani, Arberry, Anderson, Bache, Freeman, Tiffany, Koivisto, Parnell, McClain, Gustavson, Price, Segerblom, Gibbons, Thomas, Neighbors and Mortenson:
Assembly Bill No. 214—AN ACT relating to employment; requiring certain private employers to grant leave with pay to certain employees for meetings with educational personnel; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Humke, Beers, Hettrick, Perkins, Buckley, Giunchigliani, Berman, Gibbons and Chowning:
Assembly Bill No. 215—AN ACT relating to escrows; requiring the holder of an escrow to record certain information regarding the license or certificate of cooperation of a real estate broker, broker-salesman or salesman at the time an escrow for the sale of real property is established; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Humke, Dini, Hettrick, Cegavske, Williams, Gibbons, Collins, Evans and Chowning:
Assembly Bill No. 216—AN ACT relating to education; creating a trust fund for geographic education; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen Cegavske, Humke, Hettrick, Chowning, Mortenson, Claborn, Gustavson, Angle, McClain, Von Tobel, Berman, Beers, Nolan, Brower, Leslie, Goldwater, Collins, Price, Parks, Dini, Carpenter, Gibbons, Tiffany, Koivisto, Perkins and Manendo; Senators Jacobsen, Amodei, Care, Coffin, James, Mathews, O'Donnell, Porter, Titus, Washington, and Wiener:
Assembly Bill No. 217—AN ACT relating to education; requiring that parents and members of the general public be afforded an opportunity to review textbooks and supplemental textbooks for use in the public schools; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Cegavske, Hettrick, Humke, Chowning, de Braga, Mortenson, Claborn, Gustavson, Angle, Gibbons, Tiffany, Williams, Arberry, Giunchigliani, Buckley, Von Tobel, Nolan, Brower, Leslie, Anderson, Thomas, Goldwater, Collins, Beers, Berman, McClain, Price, Parks, Dini, Carpenter, Manendo and Parnell; Senators Raggio, Rawson, Porter, Titus, James, Amodei, Care, Coffin, Jacobsen, Mathews, O'Donnell, Washington and Wiener:
Assembly Bill No. 218—AN ACT relating to lobbyists; revising provisions governing lobbyists to include certain employees of the government of this state who engage in lobbying; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Cegavske, Hettrick, Perkins and Dini; Senators Raggio, Rawson, Porter, Titus, James, Amodei, Care, Jacobsen, O'Donnell and Washington:
Assembly Bill No. 219—AN ACT relating to public schools; requiring school districts to spend a minimum amount of money each year on certain items for public schools; revising provisions regarding authorized expenditures and budgets of school districts; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Perkins, Dini, Segerblom, Goldwater, Thomas, Gibbons, Cegavske, Lee, Neighbors, Berman, Bache, Price, Ohrenschall, Manendo, Parks, Anderson, Hettrick, Beers, Nolan, Mortenson, Claborn, Chowning, Humke, McClain and Williams; Senators Porter, Wiener, Care, James, O'Connell, Amodei, Carlton, Neal, O'Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend:
Assembly Bill No. 220—AN ACT making an appropriation to the University and Community College System of Nevada for a needs assessment and implementation plan for a 4-year state college in Henderson, Nevada; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 55.
Bill read second time and ordered to third reading.
Assembly Bill No. 94.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 94 be re-referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 99.
Bill read second time and ordered to third reading.
Assembly Bill No. 125.
Bill read second time and ordered to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:40 a.m.
ASSEMBLY IN SESSION
At 11:48 a.m.
Mr. Speaker presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Assembly Bill No. 2.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Parks, Cegavske, and Nolan.
Potential conflicts of interest declared by Assemblymen Parks and Nolan.
Roll call on Assembly Bill No. 2:
Yeas—38.
Nays—None.
Excused—Arberry, Carpenter, Collins, Marvel––4.
Assembly Bill No. 2 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 25.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 25:
Yeas—38
Nays—None.
Excused—Arberry, Carpenter, Collins, Marvel––4.
Assembly Bill No. 25 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 73.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 73:
Yeas—38.
Nays—None.
Excused—Arberry, Carpenter, Collins, Marvel––4.
Assembly Bill No. 73 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 5.
Resolution read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Joint Resolution No. 5:
Yeas—38
Nays—None.
Excused-–-Arberry, Carpenter, Collins, Marvel––4.
Assembly Joint Resolution No. 5 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Education:
Assembly Concurrent Resolution No. 15—Urging the Nevada Legislature to provide money to school districts for special education program units in an amount that is commensurate with the current costs incurred to maintain and operate the units.
Assemblyman Williams moved that the resolution be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Concurrent Resolution No. 16—Urging the Department of Education to establish an advisory group to review the requirements for a pupil with a disability to graduate from high school with a standard diploma.
Assemblyman Williams moved that the resolution be referred to the Committee on Education.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Senate Current Resolution No. 7.
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 Emmy Bell.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Jan Pozarski.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Kathryn Pennell.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Jan Bachman.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Antipa.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Witschi.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Anita LaRuy.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Keri Putnam.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Monteria Hightower.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Hope Williams.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Martha Gould.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bonnie Buckley.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Vicky Newell.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Deacy.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Keith Lockard.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Spiller.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Holly Van Valkenburgh.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Christiane Freer Parsons.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Myrna Williams.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Sue Kendall.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Diane Canfield.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Sandy Foley.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Suzy Sepahpour.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Dan Gouker.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Sara Jones and Duncan McCoy.
On request of Assemblyman Thomas, the privilege of the floor of the Assembly Chamber for this day was extended to Kim Chilton.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Wendy Starkweather.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Edna Perkins.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Lawrence Weekley.
Assemblyman Perkins moved that the Assembly adjourn until Friday, February 12, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:19 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon