Carson City (Monday), March 1, 1999
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Marvel, who was excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
Our Father, when we long for life without trials and work without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure. With stout hearts may we see in every calamity an opportunity, and not give way to the pessimism that sees in every opportunity a calamity.
Bless these women and men of this house to show themselves to be good workmen, who need not be ashamed, rightly dividing the word of truth. This we ask in Your Name. Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley 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 Judiciary, to which was referred Assembly Bill No. 23, 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 Senate Bill No. 11, 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 were referred Assembly Bills Nos. 134, 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
COMMUNICATIONS
Congress of the United States
House of Representatives
washington, D.C. 20515-2801
February 19, 1999
The Honorable Joseph Dini, Jr., Speaker, State of Nevada Assembly, 401 South Carson Street, Carson City, Nevada 89701
Dear Speaker Dini:
I respectfully request the opportunity to address a joint session of the Nevada State Legislature on Monday, March 15, 1999 at 5:00 p.m. Please direct any inquiries or concerns to Jan Churchill in my office at 702/220-9823.
Thank you for your assistance. I look forward to seeing you.
Sincerely,
Shelley Berkley
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Collins, Beers, Anderson, Cegavske, Hettrick, Nolan, Brower, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gibbons, Berman, Neighbors, Lee, Buckley, Bache, Humke, Manendo, Parnell, de Braga, Freeman, Parks, Giunchigliani, Tiffany, Koivisto, McClain, Gustavson, Perkins, Price, Mortenson, Claborn, Arberry, Chowning, Ohrenschall, Marvel and Angle; Senators Porter, McGinness, Neal, James, Coffin, Amodei, Care, Carlton, Jacobsen, Mathews, O'Donnell, Raggio, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 21—Declaring the last week of June as Nevada Amateur Radio Week in Nevada.
Assemblyman Collins moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 5—Providing for the appointment of additional attachés.
Resolved by the Assembly of the State of Nevada, That Penny Brock, Lori Fitzgerald, Kelly McVey and Nanita K. Moore are elected as additional attachés of the Assembly for the 70th session of the Legislature of the State of Nevada.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Collins, Claborn, Parks, Leslie, Williams, McClain, Giunchigliani, Arberry, Bache, Koivisto, Anderson, Freeman, Tiffany, Manendo, Von Tobel, Ohrenschall, Price, Marvel, Gibbons, Neighbors, Lee, Perkins and Berman:
Assembly Bill No. 338—AN ACT relating to insurance; prohibiting an insurer from canceling, refusing to renew or increasing the premiums for renewal of a policy of casualty or property insurance; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Evans, Chowning, de Braga, Claborn, Koivisto, McClain, Parnell, Anderson, Cegavske, Humke, Mortenson, Gustavson, Angle, Buckley, Leslie and Brower; Senators Amodei, Mathews, Shaffer and Wiener:
Assembly Bill No. 339—AN ACT relating to domestic violence; allowing a person who is applying for a temporary order for protection against domestic violence to apply, at the same time, for an extended order for protection against domestic violence; requiring that a hearing concerning the issuance of an extended order for protection against domestic violence be held within 45 days after the application for the extended order is filed; authorizing the court to appoint a master to take testimony and recommend orders in cases concerning orders for protection against domestic violence; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Cegavske, Von Tobel, Berman, Angle, Giunchigliani, de Braga, Buckley, Evans, Ohrenschall, Gibbons, Segerblom, Leslie, McClain, Koivisto, Chowning, Tiffany, Parnell and Freeman; Senators Wiener, Titus, Carlton, O'Connell and Mathews:
Assembly Bill No. 340—AN ACT relating to married women; repealing certain obsolete provisions; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 341—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety to purchase customer management systems for certain offices; 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. 342—AN ACT making an appropriation to the Registration Division of the Department of Motor Vehicles and Public Safety for the expenses related to the production of license plates; 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. 343—AN ACT making an appropriation to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety for the completion of the Agency Automation Project; 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. 344—AN ACT making a supplemental appropriation to the Division of Agriculture of the Department of Business and Industry for Veterinary Medical Services for a shortfall in revenue for personnel services; 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. 345—AN ACT making a supplemental appropriation to the state distributive school account for additional anticipated expenses; 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. 346—AN ACT making an appropriation to the Motor Pool Division of the Department of Administration for the purchase of additional vehicles; 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 Government Affairs:
Assembly Bill No. 347—AN ACT relating to the Southern Nevada Water Authority; authorizing the Southern Nevada Water Authority, under specified circumstances, to increase certain fees; authorizing the Southern Nevada Water Authority to assist certain property owners to connect their property to a public water system; authorizing the Southern Nevada Water Authority to operate a project for the recharge and recovery or underground storage and recovery of water; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen McClain, Buckley, Carpenter, de Braga, Segerblom, Berman, Dini, Manendo, Williams, Lee, Thomas, Price, Ohrenschall, Gibbons, Von Tobel, Collins, Parks, Koivisto, Arberry, Giunchigliani, Freeman, Chowning, Anderson, Gustavson, Leslie, Claborn, Beers, Nolan, Brower, Hettrick, Humke, Perkins, Evans, Parnell, Mortenson, Bache, Cegavske, Neighbors, Goldwater, Marvel, Tiffany and Angle; Senators Porter, Titus, O'Connell, Washington, Wiener, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend:
Assembly Bill No. 348—AN ACT relating to education; authorizing certain charter schools to use public school buildings during regular school hours upon approval of the board of trustees of the school district; making an appropriation to the department of education to provide the start-up costs for a charter school that will provide educational services and programs to pupils who have hearing impairments; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen Thomas, Parnell, Segerblom, Buckley, Neighbors, Lee, Perkins, Hettrick, Humke, Chowning, de Braga, Cegavske, Mortenson, Claborn, Gustavson, McClain, Koivisto, Williams, Beers, Leslie, Freeman, Angle, Arberry, Giunchigliani, Parks, Collins, Manendo, Ohrenschall, Price, Marvel, Gibbons, Goldwater, Evans, Anderson, Brower, Berman, Carpenter and Bache; Senators Porter, Titus and Wiener:
Assembly Bill No. 349—AN ACT relating to land use; making various changes to the provisions governing the publication of notice of certain amendments to a master plan or to a zoning regulation; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 350—AN ACT relating to the state seal; designating official colors for reproductions and facsimiles of the state seal; 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 Taxation:
Assembly Bill No. 351—AN ACT relating to taxation; revising the standards for determining whether an organization is created for religious, charitable or educational purposes for the purposes of the exemptions from the sales and use taxes; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Freeman, Anderson, Lee, de Braga, Leslie, Arberry, Bache, Tiffany, McClain, Koivisto, Claborn, Price, Ohrenschall, Collins, Parks, Gibbons, Neighbors, Segerblom, Goldwater, Evans, Carpenter and Williams:
Assembly Bill No. 352—AN ACT making an appropriation to the University and Community College System of Nevada for programs designed to improve the writing skills of teachers and pupils; and providing other matters properly relating thereto.
Assemblywoman Freeman 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. 12.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 44.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:
An agency that takes an emergency action as described in paragraph (l) of subsection 2 of NRS 233B.038 shall file with the legislative counsel within 5 working days after taking the action a statement that describes the action taken and the reason for the action. If the agency is prohibited by federal law, regulation, interpretation or instruction from describing the action taken or the reason for the action, the statement must cite the federal law, regulation, interpretation or instruction that prohibits such disclosure. The legislative counsel shall include a statement filed pursuant to this section in the register of administrative regulations published pursuant to NRS 233B.0653.”.
Amend section 1, page 1, by deleting line 2 and inserting:
“233B.038 1. “Regulation” means [an] :
(a) An agency rule, standard, directive or”.
Amend section 1, page 1, by deleting lines 5 through 14 and inserting:
“any agency [. The term includes a] ;
(b) A proposed regulation [and the] ;
(c) The amendment or repeal of a prior regulation [, but] ; and
(d) The general application by an agency of a policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.
2. The term does not include:”.
Amend section 1, page 2, by deleting lines 1 and 2 and inserting:
“[4.] (d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to”.
Amend section 1, page 2, by deleting lines 9 and 10 and inserting:
“(g) A published opinion of the attorney general;
(h) An interpretation of an agency that has statutory authority to issue interpretations;”.
Amend section 1, page 2, line 11, by deleting “(h)” and inserting “(i)”.
Amend section 1, page 2, line 12, by deleting “; or” and inserting “;”.
Amend section 1, page 2, line 13, by deleting “(i)” and inserting:
“(j) A contract or agreement into which an agency has entered;
(k) The provisions of a federal law, regulation or guideline;
(l) An emergency action taken by an agency that is necessary to protect public health and safety;
(m) The general application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest; or
(n)”.
Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 6 and adding new sections designated sections 3 through 5, following section 1, to read as follows:
“Sec. 3. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The state board of examiners acting pursuant to chapter 217 of NRS.
(i) Except as otherwise provided in NRS 533.365, the office of the state engineer.
(j) The division of environmental protection of the state department of conservation and natural resources acting to enforce the provisions of NRS 618.375.
(k) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 4. NRS 590.830 is hereby amended to read as follows:
590.830 1. The fund for cleaning up discharges of petroleum is hereby created as a special revenue fund in the state treasury. The division shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.
2. The expenses incurred by the division in performing its duties pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.
3. The board shall transmit a copy of any resolution that the board has adopted in carrying out its duties pursuant to this section to the legislative counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.
Sec. 5. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:
The division shall submit a written report quarterly to the advisory council of the division which lists each citation issued by the division for a violation of NRS 618.375 during that quarter and the circumstances for which the citation was issued. Within 5 working days after submission of such a report to the advisory council, the division shall transmit the report to the legislative counsel for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.”.
Amend sec. 4, page 2, line 35, by deleting “1” and inserting “2”.
Amend the title of the bill to read as follows:
“AN ACT relating to administrative procedure; revising the definition of “regulation” for purposes of the Nevada Administrative Procedure Act; exempting certain agencies from the provisions of the Act in certain circumstances; and providing other matters properly relating thereto.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 12 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. 53.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 71.
Amend section 1, page 1, by deleting line 13 and inserting:
“a felony that is committed on the property of a public or private school when pupils or employees of the school are present or may be present or on a school bus while the bus is engaged in its official duties results in death or substantial bodily harm to the victim, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the”.
Amend sec. 5, page 6, by deleting lines 41 and 42 and inserting:
“victim which is committed on the property of a public or private school when pupils or employees of the school are present or may be present or on a school bus”.
Amend sec. 5, page 7, line 1, by deleting “duties.” and inserting:
“duties if the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.”.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; providing for an increased penalty for certain felonies resulting in death or substantial bodily injury that are committed on the property of a public or private school or on a school bus; providing that murder committed on the property of a public or private school or on a school bus is first degree murder; providing that a person convicted of such a murder shall be punished by life imprisonment or death; providing that a juvenile court does not have jurisdiction over persons charged with certain felonies resulting in death or substantial bodily injury that are committed on the property of a public or private school or on a school bus; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning unlawful death or substantial bodily harm committed on school property or school bus. (BDR 15‑127)”.
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. 152.
Bill read second time and ordered to third reading.
Assembly Bill No. 166.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 120.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 120:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 120 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 254.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 254:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 254 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 255.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 255:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 255 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
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 Louise Ruff.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Lori Fitzgerald.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, March 2, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:48 a.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon