THE TWENTY-SIXTH DAY
Carson City (Friday), February 26, 1999
Assembly called to order at 11:14 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Minister Tom Rahme.
Our Loving Heavenly Father, we pause this morning to give thanks to You and to ask for Your guiding presence. Lord, we know that difficult tasks lay ahead of this Assembly. We ask, Lord, that we may draw courage and strength from Your words. You have said, “I call you not to timidity but to a spirit of power and love and discipline.” Lord, bless this Assembly. Help them to make the right decisions without regard to popularity. Lord, we pray this in Your Son’s Holy 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 Education, to which was referred Assembly Bill No. 152, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Government Affairs.
Douglas A. Bache,Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 166, 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 was referred Assembly Bill No. 53, 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 25, 1999
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Government Affairs:
Assembly Joint Resolution No. 10—Urging Congress to oppose the extension of mandatory Social Security coverage to newly hired state and local governmental employees.
Assemblyman Bache moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Nolan, Perkins, Giunchigliani, Berman, Segerblom, Goldwater, Parks, Beers, Buckley, Dini, Humke, Evans, Cegavske, Collins, Manendo, Bache, McClain, Thomas, Carpenter, Marvel, Von Tobel, Ohrenschall, Price, Williams, Neighbors, Lee, Tiffany, Koivisto, Gustavson, Claborn, Mortenson, de Braga and Chowning; Senators James, O'Connell, Neal, O'Donnell and Washington:
Assembly Concurrent Resolution No. 20—Amending the Joint Standing Rules of the Senate and Assembly for the 70th legislative session to authorize the holding of committee meetings and voting by committee members through the use of audio or video equipment.
Resolved by the Assembly of the State of Nevada, the Senate Concurring,That the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Legislature are amended by the following addition:
COMMITTEE
MEETINGS BY AUDIO OR
VIDEO CONFERENCE
Rule No. 23. Requirements for Meeting by Audio or Video Conference.
1. A committee of the Senate or Assembly may conduct a meeting of the committee by electronic audio or video equipment between the legislative building and one or more remote sites. The public must be allowed to participate in the meeting at the site in the legislative building.
2. Members of a committee of the Senate or Assembly may vote or otherwise participate in any action taken by the committee during such a meeting of the committee.
Assemblyman Nolan moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
general file and third reading
Assembly Bill No. 21.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Price.
Potential conflict of interest declared by Assemblyman Price.
Roll call on Assembly Bill No. 21:
Yeas—42.
Nays—None.
Assembly Bill No. 21 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 22.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Assembly Bill No. 22:
Yeas—42.
Nays—None.
Assembly Bill No. 22 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 45.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 45:
Yeas—42.
Nays—None.
Assembly Bill No. 45 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 82.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 82:
Yeas—42.
Nays—None.
Assembly Bill No. 82 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 104.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 104:
Yeas—42.
Nays—None.
Assembly Bill No. 104 having received a constitutional two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 105.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Assembly Bill No. 105:
Yeas—42.
Nays—None.
Assembly Bill No. 105 having received a constitutional two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 108.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 108:
Yeas—42.
Nays—None.
Assembly Bill No. 108 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 115.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 115:
Yeas—42.
Nays—None.
Assembly Bill No. 115 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 122.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 122:
Yeas—42.
Nays—None.
Assembly Bill No. 122 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 135.
Bill read third time.
Remarks by Assemblyman Claborn.
Roll call on Assembly Bill No. 135:
Yeas—42.
Nays—None.
Assembly Bill No. 135 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 159.
Bill read third time.
Remarks by Assemblymen Gibbons, Goldwater and Buckley.
Roll call on Assembly Bill No. 159:
Yeas—42.
Nays—None.
Assembly Bill No. 159 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Evans, Anderson, Freeman, Leslie, Humke, Gibbons, Brower and Gustavson; Senators Mathews, Townsend and Raggio:
Assembly Bill No. 330—AN ACT making an appropriation to the Interim Finance Committee to provide a portion of the funding necessary for the construction of a new juvenile detention facility and juvenile addiction center in Washoe County; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Freeman, Ohrenschall, Gibbons, Leslie, Humke, Chowning, de Braga, Parks, Von Tobel, Price, Berman, Buckley, Perkins, Evans, Tiffany, Carpenter, Segerblom, Claborn and Thomas:
Assembly Bill No. 331—AN ACT relating to tobacco; authorizing state agencies and local governments to adopt more stringent restrictions governing tobacco and products made from tobacco than the restrictions imposed pursuant to state law; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Anderson, Bache, Freeman, Parnell, Koivisto, Claborn, Mortenson, Ohrenschall, McClain, Buckley, Leslie, Collins and Manendo:
Assembly Bill No. 332—AN ACT relating to educational personnel; requiring the boards of trustees of school districts to adopt policies and to provide training to administrators relating to the evaluation and admonition of licensed employees; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 333—AN ACT relating to crime; including within the crime of involuntary manslaughter the violation of certain laws resulting in the death of another person; providing penalties; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Hettrick, Humke, Collins, Perkins, Dini, Cegavske, Beers, Nolan, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gustavson, Chowning, de Braga, Mortenson, Claborn, McClain and Koivisto; Senators Townsend, O'Connell and Rhoads:
Assembly Bill No. 334—AN ACT relating to industrial insurance; providing for industrial insurance coverage for persons who are employed in casual employment; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Tiffany, Bache, Gibbons, Humke, Parnell, Von Tobel, Williams, Lee, Neighbors, Freeman, Segerblom, Berman and Mortenson:
Assembly Bill No. 335—AN ACT relating to legal services; requiring the board of county commissioners in certain counties to establish a procedure for the distribution of certain filing fees to programs that provide free legal services to indigent and elderly persons; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Tiffany moved that the vote whereby Assembly Bill No. 335 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblywoman Tiffany moved that Assembly Bill No. 335 be referred to the Concurrent Committees on Government Affairs and Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Neighbors and Senator McGinness :
Assembly Bill No. 336—AN ACT relating to controlled substances; requiring a person convicted of distributing or selling an imitation controlled substance, a controlled substance or drug paraphernalia to a person who is under 18 years of age to pay restitution for the costs of the victim for participating in a program of treatment for the abuse of controlled substances; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Buckley, Perkins, Goldwater, Lee, Neighbors, Berman, Gibbons, Price, Ohrenschall, Manendo, Collins, de Braga, Segerblom, Bache, Parks, Dini, Anderson, Evans, Carpenter, Leslie, Koivisto, McClain, Claborn and Nolan:
Assembly Bill No. 337—AN ACT relating to public welfare; creating the public assistance fund to assist certain persons in emergency situations; providing that the welfare division of the department of human resources shall administer the fund; requiring a certain amount of the balance in the abandoned property trust fund to be deposited in the public assistance fund; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
Senate Bill No. 16.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 173.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 120.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 64.
Amend section 1, page 1, line 1, by deleting “14” and inserting “178”.
Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 178.584 is hereby amended to read as follows:
178.584 1. Whenever under this Title or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service [shall] must be made upon the attorney unless service upon the party himself is ordered by the court.
2. [Service]Except as otherwise provided in section 1 of this act, service upon the attorney or upon a party [shall]must be made in the manner provided in civil actions.
Sec. 3. NRS 178.588 is hereby amended to read as follows:
178.588 Papers required to be served [shall]must be filed with the court. [Papers shall]Except as otherwise provided in section 1 of this act, papers must be filed in the manner provided in civil actions.”.
Amend the title of the bill, first line, before “by” by inserting:
“related to criminal cases”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for service of certain legal documents related to criminal cases by means of facsimile machine. (BDR 14‑615)”.
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. 254.
Bill read second time and ordered to third reading.
Assembly Bill No. 255.
Bill read second time and ordered to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Joint Resolution No. 8; Senate Concurrent Resolution No. 12.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Shayne Del Cohen, SIERRA NEVADA COMMUNITY ACCESS TELEVISION, be accepted as an accredited press representative, that she be assigned space at the press table and that she be allowed the use of appropriate broadcasting facilities.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Swails and Randy Spencer.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Sanada.
Assemblyman Perkins moved that the Assembly adjourn until Monday, March 1, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:00 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon