THE TWENTY-SECOND DAY
Carson City (Monday), February 22, 1999
Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Angle and Marvel, who were excused.
Prayer by the Chaplain, Minister Tom Rahme.
Dear Heavenly Father, we are reminded by Your word that You instituted government for the good of its citizens. In that way, You gave us the ability to establish laws that would be for that purpose. We pray Father that Your presence would fill this chamber and that You will guide those that serve this great state. Lord, we pray their decisions will reflect Your will. We pray this in Jesus name. 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 Government Affairs, to which was referred Assembly Bill No. 127, 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 Judiciary, to which were referred Assembly Bills Nos. 20, 38, 80, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 19, 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. 2.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Ways and Means:
Assembly Joint Resolution No. 9—Urging Congress to prohibit federal recoupment of the money recovered by the states from the tobacco settlement.
Assemblyman Arberry moved that the resolution be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
Senate Concurrent Resolution No. 2:
Assemblyman Perkins moved that the resolution be referred to the Committee on Education.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Segerblom, Gibbons, Williams, Parks, Buckley, Manendo, Freeman, de Braga, Collins, Berman, Neighbors, Tiffany, Evans, Cegavske, Anderson, Goldwater, Gustavson, Humke, Price, Giunchigliani, Mortenson, Claborn, Hettrick, Angle, Nolan, Carpenter and Beers:
Assembly Bill No. 287—AN ACT relating to eminent domain; making various changes to the provisions governing the procedures, proceedings and awards in actions relating to eminent domain; and providing other matters properly relating thereto.
Assemblywoman Segerblom moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 288—AN ACT relating to taxation; revising the provisions governing the compensation paid to the State of Nevada for the cost of collecting certain taxes on behalf of local governments; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 289—AN ACT relating to the department of prisons; enacting provisions governing the operation of vending machines located in the institutions and facilities of the department; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 290—AN ACT making an appropriation to the Supreme Court of Nevada for the operational costs of the Commission on Racial and Economic Bias within the Judicial System; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 291—AN ACT making an appropriation to the Division of Agriculture of the Department of Business and Industry for the development of a statewide data base and economic analysis relating to grazing trends on public lands and their effect on private business, rural economies, and county and state governments; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 292—AN ACT relating to liquified petroleum gas; imposing certain responsibilities upon the owners of containers; requiring the licensing of certain repairmen; requiring a notice of work performed to be provided a supplier 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 Assemblymen Nolan, Beers, Brower, de Braga, Chowning, Evans, Leslie, Hettrick, Cegavske, Gustavson and Angle:
Assembly Bill No. 293—AN ACT relating to insurance; requiring certain health insurers to inform a claimant immediately when a claim is denied and to inform the claimant of the reason for the denial; requiring a managed care organization to provide coverage for medically necessary emergency services provided to an insured at any hospital; and providing other matters properly relating thereto.
Assemblywoman Nolan moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Angle, Nolan, Carpenter, Von Tobel, Gustavson, McClain, Mortenson, Price, Tiffany, Claborn, Lee, Cegavske, Hettrick, Manendo, Collins, Segerblom, Arberry, Gibbons and Humke; Senators Washington, Rawson and Jacobsen:
Assembly Bill No. 294—AN ACT relating to education; prohibiting the state board of education and the boards of trustees of school districts from adopting courses of study in reading that are not based upon scientific research and that do not include explicit systematic phonics instruction; revising provisions governing the approval of certain courses of study and training for teachers; requiring the governor and the department of education to comply with the Federal Act that provides grants of money for literacy programs; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 295—AN ACT relating to the Virgin Valley water district; excluding a certain part of its original territory; extending an exception from the advertising of public contracts; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 296—AN ACT relating to wildlife; requiring the board of wildlife commissioners to make certain revisions to the criteria for the issuance of special incentive elk tags; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 297—AN ACT relating to employment; requiring an employer or former employer of a person who is an applicant for a position as a peace officer with a law enforcement agency to provide certain information regarding the applicant to the law enforcement agency under certain circumstances; authorizing a law enforcement agency to bring an action to compel the provision of such information; providing immunity from civil liability in certain circumstances for an employer or former employer that provides such information; 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. 298—AN ACT relating to public works projects; requiring the adoption of criteria for the qualification of bidders on a contract for a public work; requiring a person to qualify before bidding on such a contract; 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. 299—AN ACT relating to municipal obligations; requiring the governing body of a local government that authorizes a medium-term obligation to include certain information in the resolution authorizing the obligation and to amend its plan for capital improvement under certain circumstances; eliminating the exception for medium-term obligations from the limitation on the amount that certain local governments may receive from taxes ad valorem; ratifying the approval of the issuance of certain medium-term obligations by the board of trustees of the Pahrump Community Library District; 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. 300—AN ACT making an appropriation to the revolving account for the management of estray horses in the Virginia Range; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Williams, Price, Gibbons, Koivisto, McClain, Ohrenschall, Segerblom, Neighbors, Carpenter, Manendo, Parks, Freeman, Lee, Arberry, Anderson, Evans, Goldwater, Giunchigliani, Collins, Chowning, Bache, Tiffany, Humke, Beers, Berman, Buckley, Nolan, de Braga and Von Tobel; Senators Neal and Schneider:
Assembly Bill No. 301—AN ACT relating to child care; establishing a program to provide loans for the construction and renovation of child care facilities; revising the provision regarding the licensing and regulation of child care facilities; expanding the exemption from the business tax for a business that provides for the care of the children of its employees; prohibiting an insurer from refusing to issue, canceling or refusing to renew a policy for casualty insurance under certain circumstances; making appropriations; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By Assemblymen Freeman, Williams, Arberry, McClain, Leslie, Evans, Gibbons, Von Tobel, Tiffany, Parnell, Bache, Anderson, Giunchigliani, Parks, Collins, Manendo, Ohrenschall, Price, Koivisto, Angle, Chowning, Mortenson, Neighbors, Berman, Perkins, de Braga, Thomas, Claborn, Goldwater, Segerblom and Lee; Senators Townsend, Wiener, Porter, Amodei, James, Schneider and Titus:
Assembly Bill No. 302—AN ACT relating to the care of children; providing for the establishment of a toll-free telephone service for inquiries and complaints relating to child care facilities; requiring annual reports on the quality of child care in this state; making various changes regarding the provision of child care and the licensing and inspection of child care facilities; expanding the class of child care facilities subject to state regulation; establishing and assigning duties to a temporary advisory council to improve the quality of child care in this state; 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.
SECOND READING AND AMENDMENT
Assembly Bill No. 98.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 37.
Amend section 1, page 2, by deleting line 8 and inserting:
“4. [To Facilitate] The chief shall assist in the development of [a]”.
Amend section 1,
page 2, line 13, by deleting “developing” and inserting “[developing]adopting”.
Amend the title of the bill, second line, by deleting “develop” and inserting:
“assist in the development of”.
Amend the summary of the bill, second line, by deleting “develop” and inserting:
“assist in development of”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 100 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
general file and third reading
Assembly Bill No. 40.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Gibbons and Beers.
Roll call on Assembly Bill No. 40:
Yeas—40.
Nays—None.
Excused—Angle, Marvel—2.
Assembly Bill No. 40 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 79.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Assembly Bill No. 79:
Yeas—40.
Nays—None.
Excused—Angle, Marvel—2.
Assembly Bill No. 79 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 88.
Bill read third time.
Remarks by Assemblymen Bache and Von Tobel.
Roll call on Assembly Bill No. 88:
Yeas—36.
Nays—Carpenter, Gustavson, Price, Von Tobel—4.
Excused—Angle, Marvel—2.
Assembly Bill No. 88 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 177.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 177:
Yeas—40.
Nays—None
Excused—Angle, Marvel—2.
Assembly Bill No. 177 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.
Remarks by Assemblymen Bache, Von Tobel, Carpenter, Goldwater, Beers, Leslie, Neighbors, Gibbons, Hettrick and Anderson.
Assemblyman Neighbors requested that his remarks be entered in the Journal.
I rise in support of Assembly Joint Resolution No 1. For the past three years, I have been working on the Nellis Air Force Base lease renewals and as a member of the Nevada Standing Public Lands Committee, these leases were discussed on two different occasions; with officials in Washington, D.C. and during committee hearings in Reno. I have discussed this issue with our congressional delegation on two occasions and have met with Senator Reid. I believe that a time limit of 15 years, not 25 years—as requested by the Air Force, pursuant to the 1986 Military Withdrawal Act—is sufficient. Eighty-seven percent of Nevada’s land is controlled or under management of the federal government. I think to extend the lease to 25 years or beyond, to an indefinite withdrawal of millions of acres, is an unconscionable disregard to the citizens of this state.
Just last week we heard The Honorable Congressman Gibbons, on the Floor, indicating that our many rural areas are landlocked; they have no tax base. He would be working in Washington, D.C. to free some of that land, not take it indefinitely off the rolls.
There is no question that the training on the range plays an important roll in the national defense. Bomb impact areas—hot areas—will always be off limits to the public. My efforts of the past three years have been to urge the Secretary of Defense to release to the Department of Interior the western portion of the Talichi Mining District. This is 50,000 acres about 10 miles north of Beatty, Nevada. The University of Nevada was commissioned by the Air Force to do a geologic study of that area. It took three years and the results were very, very positive. The Talichi Mining District got its start around the turn of the century. It has never been drilled. It’s about three miles off the fringe. It generated $1 million at that time based on the price of gold in 1820. Silver was 20 cents an ounce. I think it’s a highly mineralized area, as are other areas of the Test Site.
I remind this honorable body that during the 1995 Legislative Session, Senate Joint Resolution 25 was sent to Washington, D.C., supporting release of land in this district—not total and indefinite taking it off the rolls.
Finally, Nye and Lincoln County commissioners, through an oversight I’m sure, were never contacted regarding the proposed indefinite withdrawal of the land. I would hope that in the future the local governments would be contacted and involved in the decision making process that affects local areas. Thank you. I urge your support on Assembly Joint Resolution No. 1.
Roll call on Assembly Joint Resolution No. 1:
Yeas—30.
Nays—Beers, Berman, Carpenter, Cegavske, Gustavson, Hettrick, Humke, Price, Tiffany, Von Tobel—10.
Excused—Angle, Marvel—2.
Assembly Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 22, 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. 12.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 12:
Assemblywoman Segerblom moved the adoption of the resolution.
Remarks by Assemblywoman Segerblom.
Resolution adopted.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:07 p.m.
ASSEMBLY IN SESSION
At 12:26 p.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Resolution No. 4.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Smith, Dick Bravo, Duncan McCoy, Gerald Johnson, John Sullard, Marilyn Miks, Roy Theiss, Bryan Nix, Kim Crandell, Tom Ayres, Bill Garis, Jim Ferrence, Cary Fisher, Brad Cameron, Angelica Cox, Phillip Brown, Alan O’Neill and Jerry Pendleton.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Caroline Hilton, Andy Bath and Walker Hilton.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to William E. Brock.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Joannie Hill.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Dale Knutson.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, February 23, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:26 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon