THE TWENTY-FOURTH DAY
Carson City (Wednesday), February 24, 1999
Assembly called to order at 11:02 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Angle and Parnell, who were excused.
Prayer by the Chaplain, Minister Tom Rahme.
Dear Heavenly Father, in the Book of Hebrews we read that the land drinks in the rain that often falls upon it. It produces a useful crop to those who have farmed it and a blessing from God. The land that produces thorn and thistle is worthless and in danger of being cursed and, in the end, is burned. Lord, I would ask a blessing upon this Assembly, that through their efforts they may produce a crop that is not only useful but also meaningful. Above all Lord, a crop that is keeping with your commands. We ask this in Our Lord and Savior’s 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 Commerce and Labor, to which were referred Assembly Bills Nos. 104, 105, 108, 115, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 159, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 21, 22, 82, 122, 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
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 135, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 45, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne S. Chowning, Chairman
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Von Tobel, Gibbons, Neighbors, Lee, Parnell, Segerblom, Freeman, Bache, Tiffany, Thomas, Carpenter, Ohrenschall, Price, Berman, Hettrick, Cegavske, Chowning, de Braga, Mortenson, Claborn, Nolan, Collins, Leslie, Anderson, Manendo, Parks, Giunchigliani, Angle, Brower, Evans, Williams, Humke, Beers, Arberry, McClain, Koivisto, Dini, Buckley, Perkins and Goldwater; Senators Porter, Rawson, Washington, Amodei and James:
Assembly Bill No. 312—AN ACT making an appropriation to the legislative fund for expenditure by the Closeup Foundation; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Giunchigliani, Chowning, Parks, Evans, Buckley, Anderson, Bache, Freeman, Koivisto, McClain, de Braga, Williams, Segerblom, Collins, Manendo, Lee, Ohrenschall, Goldwater, Thomas, Neighbors, Berman, Gibbons and Price:
Assembly Bill No. 313—AN ACT relating to education; clarifying the provisions governing the discipline of pupils with disabilities; extending the length of the school year; prohibiting the placement of a child in a program for pupils with disabilities solely because the child has a disciplinary problem or social maladjustment; requiring schools to provide certain courses of study; requiring employment contracts for teachers to include certain provisions; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Dini, Hettrick, de Braga and Parnell; Senators Jacobsen, Amodei and McGinness:
Assembly Bill No. 314—AN ACT relating to juveniles; providing a mechanism for the funding of certain regional facilities for children; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 315—AN ACT relating to children; making various changes in accordance with the Adoption and Safe Families Act of 1997 and the Child Abuse Prevention and Treatment Act of 1996; clarifying certain provisions regarding the authority of a court to determine the custody of a child; 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. 316—AN ACT making an appropriation to Lyon County for the expansion of the Lyon County Museum and the restoration of the Thompson School House; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Von Tobel, Hettrick, Gibbons, Cegavske, Giunchigliani, Williams, Beers and Humke:
Assembly Bill No. 317—AN ACT relating to state financial administration; prohibiting the University and Community College System of Nevada from using money appropriated or authorized for expenditure by the legislature to provide certain merit increases; prohibiting the University and Community College System of Nevada from including in its base budget money necessary to pay certain related portions of salaries; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblywoman Buckley:
Assembly Bill No. 318—AN ACT relating to local government; specifying the contents and requiring the recordation of an agreement pursuant to which a board of county commissioners or governing body of a city conveys certain property to a nonprofit organization for use as affordable housing; authorizing a county or city to take certain actions if a nonprofit organization or its assignee fails to use the property to provide affordable housing pursuant to such an agreement; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Williams, Mortenson, Manendo, Lee, Carpenter, Leslie, Segerblom, Parks, Price, Von Tobel, Collins, Giunchigliani, Ohrenschall, Arberry, Cegavske, Bache, Tiffany, Freeman, Parnell, Koivisto, McClain, Gustavson, Anderson and Neighbors:
Assembly Bill No. 319—AN ACT relating to banking; requiring the disclosure of any surcharge required to be paid by a customer for the use of an automated teller; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 83.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 48.
Amend sec. 8, page 3, line 2, by deleting “bank,” and inserting:
“bank or other financial institution,”.
Amend sec. 9, page 3, line 24, by deleting “bank,” and inserting:
“bank or other financial institution,”.
Amend sec. 13, page 5, line 3, by deleting “bank”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 85.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 49.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to crimes against property; making various changes to”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning taking into custody and detention of person suspected of shoplifting. (BDR 52-595)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 20 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 132.
Bill read second time and ordered to third reading.
Assembly Bill No. 223.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 45.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 244.030 is hereby amended to read as follows:
244.030 [County commissioners shall enter upon their duties on the 1st Monday of January succeeding their election, and, except for 2-year terms established pursuant to NRS 244.018, shall hold their offices for 4 years as provided in this chapter; and the term of office shall expire at 12 p.m. of the day preceding the 1st Monday in January following a general election.] Except as otherwise provided in NRS 244.018, the term of office of a county commissioner is 4 years from the day next after his election.”.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; providing in skeleton form for the revision of the date on which the term of office of a county commissioner commences; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises date on which term of office of county commissioner commences. (BDR 20‑952)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 223 be re-referred to the Committee on Government Affairs.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Government Affairs.
Assembly Bill No. 275.
Bill read second time and ordered to third reading.
Assembly Bill No. 20.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 58.
Amend sec. 2, page 2, line 22, before “A” by inserting “1.”.
Amend sec. 2, page 2, line 24, by deleting “1.” and inserting “[1.](a)”.
Amend sec. 2, page 2, line 25, by deleting “2.” and inserting “[2.] (b)”.
Amend sec. 2, page 2, line 27, by deleting “3.” and inserting “[3.] (c)”.
Amend sec. 2, page 2, line 29, by deleting “4.” and inserting “[4.] (d)”.
Amend sec. 2, page 2, between lines 31 and 32, by inserting:
“2. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of justice of the supreme court if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend sec. 3, page 2, line 33, before “A” by inserting “1.”.
Amend sec. 3, page 2, line 35, by deleting “1.” and inserting “[1.] (a)”.
Amend sec. 3, page 2, line 36, by deleting “2.” and inserting “[2.] (b)”.
Amend sec. 3, page 2, line 38, by deleting “3.” and inserting “[3.] (c)”.
Amend sec. 3, page 2, line 40, by deleting “4.” and inserting “[4.] (d)”.
Amend sec. 3, page 2, after line 42, by inserting:
“2. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of district judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend sec. 4, page 3, line 5, after “discipline.” by inserting:
“For the purposes of this subsection, a person shall not be ineligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend sec. 5, page 3, between lines 31 and 32, by inserting:
“3. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend sec. 6, page 4, after line 12, by inserting:
“5. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge pro tempore if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 80.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Assembly Bill No. 80:
Yeas—40.
Nays—None.
Excused—Angle, Parnell—2.
Assembly Bill No. 80 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 127.
Bill read third time.
Remarks by Assemblymen Bache, Humke and Koivisto.
Potential conflicts of interest declared by Assemblymen Humke and Koivisto.
Roll call on Assembly Bill No. 127:
Yeas—40.
Nays—None.
Excused—Angle, Parnell—2.
Assembly Bill No. 127 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Gibbons, Von Tobel, Segerblom, Tiffany, Freeman, Parnell, Mortenson, Bache, Lee, Humke, Carpenter, Ohrenschall, Beers, Anderson, Cegavske, Hettrick, Nolan, Leslie, Evans, Thomas, Price, Goldwater, Berman, Buckley and Williams:
Assembly Concurrent Resolution No. 19—Urging all Nevadans who agreed to donate organs and tissues to direct that their anatomical gifts first be offered to transplant candidates living in Nevada.
Assemblywoman Gibbons moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Mr. Speaker announced that if there were no objections the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:26 a.m.
ASSEMBLY IN SESSION
At 11:39 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 320—AN ACT making an appropriation to the account for local cultural activities; 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. 321—AN ACT making an appropriation to the legislative fund for additional equipment and software for information systems for the Legislative Counsel Bureau; 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. 322—AN ACT making an appropriation to the Legislative Counsel Bureau for the reproduction of older volumes of Nevada Reports; 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 Assemblymen Dini, Neighbors, de Braga, Marvel, Hettrick, Carpenter and Parnell:
Assembly Bill No. 323—AN ACT making an appropriation to the Division of Agriculture of the Department of Business and Industry for the support of the Advisory Council for Organic Agricultural Products; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Dini, Neighbors, de Braga, Marvel, Hettrick, Arberry, Carpenter and Parnell:
Assembly Bill No. 324—AN ACT relating to agricultural extension programs; expanding the subjects included in agricultural extension programs; making an appropriation to the agricultural extension department of the public service division of the University and Community College System of Nevada for the abatement of tall white top; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Robert W. Potter.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce Marr.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to AnnMarie Cutkosky.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Rulan Stands.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Jill Campbell.
On request of Assemblywoman Von Tobel, the names of the following student artists are listed for this day; Jimmy Trejos, Jennifer Law, Sarah McLung, Tashina Williams, Angela Yeager and Nicholas Wentworth.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Erica Jackson, Michael Doneson, Julian Haynes, LeVona Williams, Heather Dickinson, Jennifer Narkonsky, Loni Harris, Kellie Lieb, Yadria Luna, Holly Davidson, Matthew Boucher, Jimmy Belanger, Charles Vailes, Joanne McKinley, Brenda Brown, Cinthia Gomez, Zach Moyes, Joe Carrigan, Senayet Hailu, Regina Hammer, Veronica Garcia, Elvia Barrera, Amanda Neilson, Jennifer Caro, Daisy Thomas, Todd Greenfield, Brock Mitchell, Charles Thorpe, Vickie Smith, Vivian Park, Ronan Matthew, Lucien Matthew, Bevelyn Winfree, Shirley Barber, Lou Grillo and Virginia Massaro.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, February 25, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:52 a.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon