Carson City (Thursday), February 25, 1999
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Angle and Arberry, who were excused.
Prayer by the Chaplain, Minister Tom Rahme.
Dear Heavenly Father, let us never forget that this country was founded on Judeo Christian principles. Let us never forget the thousands that made the sacrifice to keep our flag waving free. Lord, we pray that You would bless all the leaders of our great land and remind them of their responsibilities—not only to her citizens—but also to You, Lord. Now bless this Assembly as they begin to work, we pray, towards Your goals. We ask all 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 were referred Assembly Bills Nos. 254, 255, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 246, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 257, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which were referred Assembly Bills Nos. 4, 139, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Ways and Means.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bills No. 181, has had the same under consideration, and begs leave to report the same back with
the recommendation: Without Recommendation.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 120, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 123, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Commerce and Labor.
Bernard Anderson, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Freeman moved that Assembly Bills Nos. 4, 139 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 246 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 123 be re-referred to the Committee on Commerce and Labor.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Leslie, Anderson, Freeman, Gibbons and Evans:
Assembly Bill No. 325—AN ACT making an appropriation to Washoe County for the establishment of a community-based, early intervention program for certain pupils; and providing other matters properly relating thereto.
Assemblywoman Leslie 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. 326—AN ACT relating to industrial insurance; providing a procedure by which an injured employee may participate in the selection of his rating physician or chiropractor; requiring an insurer to reimburse an injured employee for the expense of a second determination of disability under certain circumstances; revising the provisions governing the effect on the availability of compensation of a preexisting condition and of an aggravation of an industrial injury or disease that is not related to employment; revising the provisions governing the determination and provision of compensation for permanent total disability, temporary total disability and permanent partial disability; expanding the maximum length of certain programs of vocational rehabilitation; authorizing vocational rehabilitation services to be provided outside of this state under certain circumstances; authorizing a claimant to bring and maintain a cause of action against an insurer or third-party administrator if the claimant does not accept a benefit 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 Judiciary:
Assembly Bill No. 327—AN ACT relating to damages; prohibiting a person from seeking noneconomic damages as a result of an accident involving a motor vehicle if the person owned or was operating or using the motor vehicle without insurance for the motor vehicle at the time of the accident; 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 Transportation:
Assembly Bill No. 328—AN ACT relating to motor vehicles; prohibiting a person from using a portable telephone while operating a moving motor vehicle; providing a penalty; 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 Transportation:
Assembly Bill No. 329—AN ACT relating to motor vehicles; expanding the circumstances under which special license plates may be used on motor vehicles loaned by dealers and rebuilders of vehicles; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
general file and third reading
Assembly Bill No. 20.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 20:
Yeas—39.
Nays—Chowning.
Excused—Angle, Arberry—2.
Assembly Bill No. 20 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 83.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Assembly Bill No. 83:
Yeas—40.
Nays—None.
Excused—Angle, Arberry—2.
Assembly Bill No. 83 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 85.
Bill read third time.
Remarks by Assemblymen Anderson and Perkins.
Roll call on Assembly Bill No. 85:
Yeas—40.
Nays—None.
Excused—Angle, Arberry—2.
Assembly Bill No. 85 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 132.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 132:
Yeas—40.
Nays—None.
Excused—Angle, Arberry—2.
Assembly Bill No. 132 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 275.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 275:
Yeas—40.
Nays—None.
Excused—Angle, Arberry—2.
Assembly Bill No. 275 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
SECOND READING AND AMENDMENT
Assembly Bill No. 21.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 57.
Amend section 1, page 1, by deleting line 5 and inserting:
“secret ballot for the election of the officers and members of the executive board, all voting at the meeting of the association related to that election must be by secret”.
Amend section 1, page 1, by deleting lines 7 and 8 and inserting:
“2. If a vote is taken by secret ballot, the president shall appoint tellers to count the ballots cast, unless the governing documents of the association provide otherwise.”.
Amend the title of the bill, second line, by deleting:
“at a meeting” and inserting:
“in an election for the officers and members of the executive board”.
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. 22.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 55.
Amend section 1, pages 1 and 2, by deleting lines 3 through 17 on page 1 and lines 1 through 3 on page 2 and inserting:
“1. Except as otherwise provided in subsection 4, if a person who is or was imprisoned in the state prison or a county jail is awarded a judgment against the State of Nevada or a county or a department, commission, board or other agency of the State of Nevada or a county or a current or former officer, employee or contractor of the State of Nevada or a county arising from a civil action that accrued while the person was imprisoned in the state prison or county jail, the person or governmental entity that pays the judgment shall deposit the money for the judgment with the court. The court shall deduct from the money received from the judgment any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.
2. Except as otherwise provided in subsection 4, if a person enters into a settlement for money in an action described in subsection 1, the person or governmental entity that pays the settlement shall deposit the money for the settlement with the court in which the action was filed or the district court of the county in which the person resides if no action was filed. The court shall deduct from the money deposited with the court any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.
3. If any money remains after the court makes the deduction pursuant to subsection 1 or 2, the court shall forward the remaining money to the person who initiated the action.
4. The provisions of this section do not apply to a judgment or settlement in a case that involves the death of a person who was imprisoned.”.
Amend the title of the bill by deleting the first, second and third lines and inserting:
“AN ACT relating to prisoners; requiring a court to deduct money owed for restitution from a monetary judgment awarded to or settlement entered into by a person who is or was imprisoned in the state prison or a county jail in a civil action brought against the State of Nevada or a county; requiring a prisoner who has filed an action for small claims to pay the”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions concerning certain lawsuits brought by and settlements entered into by prisoners. (BDR 14‑509)”.
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. 45.
Bill read second time and ordered to third reading.
Assembly Bill No. 82.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 50.
Amend section 1, page 1, line 6, by deleting “The” and inserting:
“In consultation with the presiding judge of the judicial district from which the order to impanel the commission was issued or, if the district has no presiding judge, a judge designated by mutual consent of the district judges of that district, the”.
Amend the title of the bill to read as follows:
“AN ACT relating to sanity commissions; revising the provisions governing the compensation of the members of a sanity commission; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing compensation of members of sanity commission. (BDR 14-444)”.
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. 104.
Bill read second time and ordered to third reading.
Assembly Bill No. 105.
Bill read second time and ordered to third reading.
Assembly Bill No. 108.
Bill read second time and ordered to third reading.
Assembly Bill No. 115.
Bill read second time and ordered to third reading.
Assembly Bill No. 122.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 56.
Amend section 1, page 2, line 4, by deleting “established in” and inserting:
“created by the office of the district attorney of”.
Amend the summary of the bill, first line, by deleting “Authorizes” and inserting “Requires”.
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. 135.
Bill read second time and ordered to third reading.
Assembly Bill No. 159.
Bill read second time and ordered to third reading.
Mr. Speaker announced that if there were no objections the assembly would recess for the purpose of hearing a presentation by the Cimarron Varsity Cheerleaders.
Assembly in recess at 11:53 a.m.
ASSEMBLY IN SESSION
At 11:54 a.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Michelle Minguey, Elizabeth Dicandilo, Cathy Carron, Cyril Canga, Mariana Murphy, Melissa Waite, Aimee Schaff, Kelly Pastell, Christine Rodriguez, Jessica Ferrario, Shauna Davis, Leah Partier, Ali Harrington, Shallan Meiers, Lindsey Kemp, Heather Corbett, Megan Wagley, Tara Gray, Cami Davidson, Jen Egurolla, Tara Crowder, Sarah Davis, Kristin Still, Nina Walsh, Ashley Dow, Anna Zobrist, Michelle Olson, Erin Catalfano, Crystal Dandy, Angela Riedel, Heather Irete, Jessica Tarantino, Lydia Jefferson, Jennilee Haining, Erin Sully, Courtney Dandy, Andrew Flood, Joe Hale, Josh Perkins, Adam Haining, Steve Pauligx, Roland Llapitan, Eugene Frilliarte, Jon Owens, Sung Bae, Darren Siegmund, Travis Hoppe, C.J. Wintch, Matt Jacklin, Tim Jacklin, Mike Graham, Ron Ganzon, Melanie Macklin, Dana Moore, Michelle Graham, Judy Osborn, Chris Romby, Carolyn Bautista, Miranda Schubert, Jennifer Mercadone, Jennifer Brinkley, Frank Farina, James Lockwood, David Wilkens, Mandy Brown, Tya Mathis, Jamie Parker, Ann Fredrickson, Shondra Carpenter and Mr. Devlin.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Hill.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Bedrosian and Faron Springer.
Assemblyman Perkins moved that the Assembly adjourn until Friday, February 26, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:55 a.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon