Carson City (Tuesday), March 2, 1999
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Marvel, who was excused.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Lord, they say that time flies when you're having fun. And I guess we are, for I even see the Cat in the Hat here today. Here we are with one quarter of our legislative time already past! Where has the time gone? I pray today the words of Your great prophet Moses, "So teach us to number our days that we may present to Thee a heart of wisdom." And Lord as a father helps his children, we ask You to be with our Mr. Marvel. In our Lord'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 Government Affairs, to which was referred Assembly Bill No. 299, 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 Judiciary, to which was referred Assembly Bill No. 86, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 136, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Joint Resolution No. 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 1, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 97, 105, 117, 129, 166; Senate Joint Resolution No. 11.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 14, 50, 51, 81, 139.
Also, I have the honor to inform your honorable body that the Senate on this day adopted
Senate Concurrent Resolution No. 8.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 100 be taken from the Chief Clerk’s desk and placed on the General File.
Motion carried.
By Assemblymen Anderson, Angle, Arberry,
Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn,
Collins,
de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson,
Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson,
Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom,
Thomas, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 22—Recognizing March 2, 1999, as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday.
Whereas, Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts; and
Whereas, Theodor Seuss Geisel graduated from Dartmouth College in 1925 and began writing humorous articles and creating cartoons for various magazines; and
Whereas, His first children’s book, And to Think That I Saw It on Mulberry Street, was rejected by 43 publishers until, in 1937, a friend published the book for him; and
Whereas, In May of 1954, Life magazine published a report concerning illiteracy among school children, stating that, among other things, children were having trouble learning to read because the books were boring; and
Whereas, This comment inspired Theodor Seuss Geisel’s publisher, Bennett Cerf, to compile a list of 400 words that he felt were important, asking Mr. Geisel to cut the list to 250 words, the amount of words a first grader could absorb, and using only those words to write a book that would excite children; and
Whereas, Nine months later, Mr. Geisel, using 220 of the words given to him, published The Cat in the Hat, which became an instant success; and
Whereas, Later in 1960, Bennett Cerf bet Mr. Geisel $50 that he couldn’t write an entire book using only 50 words and from that challenge came the famous children’s book, Green Eggs and Ham, which also became an instant success; and
Whereas, From that point on, Theodor Seuss Geisel became known as “Dr. Seuss,” and children became enthused about reading every Dr. Seuss book available; and
Whereas, Dr. Seuss died on September 24, 1991, but his legacy of children’s books will live forever as an inspiration to children everywhere to learn to read and to share in the laughter, enjoyment and knowledge that a book can provide; and
Whereas, In honor of Dr. Seuss and the joy of reading, the National Education Association has designated March 2, 1999, as “Read Across America” day and has called upon every child to read with a caring adult on this day in honor of what would have been Dr. Seuss’s 95th birthday; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 2, 1999, is hereby recognized as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday; and be it further
Resolved, That children and adults are encouraged to read a favorite book together on this date to share the joy of reading; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Elaine Lancaster, President of the Nevada State Education Association, and Ken Lange, Executive Director of the Nevada State Education Association.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblymen Anderson and Giunchigliani.
Resolution adopted unanimously.
Senate Joint Resolution No. 11.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Senate Concurrent Resolution No. 8.
Assemblyman Perkins moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 353—AN ACT relating to crimes; revising provisions governing compensation provided to certain victims of crime so that residents of another state are treated the same as residents of this state; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Leslie, Freeman, Giunchigliani, Gibbons, Chowning, Thomas, Evans, Parnell, de Braga, Manendo, Anderson, Koivisto, McClain, Von Tobel, Tiffany, Buckley and Ohrenschall:
Assembly Bill No. 354—AN ACT relating to the care of children; creating and providing for the use of an account to improve the quality of services for child care; funding the account from the proceeds of certain rights to support assigned to the state; requiring a study to determine the results of the use of the account; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 355—AN ACT relating to local governments; requiring a legislative measure to include on its face a disclosure concerning unfunded mandates under certain circumstances; placing a monetary limitation on the programs and services for which a specified source for additional revenue must be authorized; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Chowning, de Braga, Claborn, Koivisto, Freeman, McClain, Bache, Anderson, Arberry, Giunchigliani, Williams, Parks, Collins, Manendo, Ohrenschall, Brower, Cegavske, Perkins, Price, Humke, Gibbons, Mortenson, Parnell, Thomas, Evans, Beers, Leslie, Segerblom, Dini, Hettrick and Goldwater:
Assembly Bill No. 356—AN ACT making an appropriation to the Clark County School District for the continuation of the pilot program for the instruction of pupils whose primary language is not English; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Chowning, de Braga, Claborn, Koivisto, Freeman, McClain, Bache, Anderson, Arberry, Giunchigliani, Williams, Collins, Manendo, Ohrenschall, Cegavske, Perkins, Price, Humke, Mortenson, Parnell, Thomas, Gibbons, Evans, Leslie, Beers, Dini, Hettrick, Segerblom and Goldwater:
Assembly Bill No. 357—AN ACT making an appropriation to the Department of Education for programs, personnel and educational services for American Indian children and culturally diverse children; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 358—AN ACT relating to public lands; revising the provisions governing the procedures and standards to be followed if the Federal Government submits an application to this state for consent to a use of public land; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Dini:
Assembly Bill No. 359—AN ACT relating to the state fire marshal; dedicating a portion of the general tax on insurance premiums for the support of the state fire marshal division of the department of motor vehicles and public safety; specifying the permissible uses of the tax so dedicated; 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 Assemblyman Dini:
Assembly Bill No. 360—AN ACT making an appropriation to the State Public Works Board for a feasibility study regarding the construction of a Hi-Tech Learning Center in Lyon County, Nevada; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Bache, Buckley, Manendo, Ohrenschall, Nolan, Leslie, Koivisto, McClain, Anderson, Claborn, Williams, Giunchigliani and Humke; Senators Titus, Carlton, Care and Amodei:
Assembly Bill No. 361—AN ACT relating to mobile home parks; prohibiting an increase in rent based on the size of a mobile home; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Leslie, Claborn, Thomas, Parnell, Parks, Collins, de Braga, Beers, Chowning, Mortenson, Koivisto, Evans, Giunchigliani, Freeman, Anderson, Price, Manendo, Gibbons, Lee, Bache, McClain, Goldwater, Williams, Buckley and Von Tobel; Senator Rawson:
Assembly Bill No. 362—AN ACT making an appropriation to the State Arts Council of the Department of Museums, Library and Arts for the support of certain arts programs; 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 Assemblymen Leslie, Anderson, Brower, Parnell, Gibbons, Giunchigliani, Perkins, Dini, Bache, Koivisto, McClain, Claborn, de Braga, Hettrick, Lee, Nolan, Arberry, Thomas, Parks, Neighbors, Goldwater, Beers, Chowning, Price, Freeman, Ohrenschall, Evans, Collins, Manendo, Mortenson, Humke, Carpenter, Cegavske, Williams, Gustavson, Segerblom, Berman, Buckley, Von Tobel, Tiffany and Marvel; Senators Townsend, Titus, Mathews and James:
Assembly Bill No. 363—AN ACT relating to crimes; increasing the penalties for the crime of aggravated stalking; requiring certain training for peace officers concerning the crimes of stalking and aggravated stalking; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Tiffany:
Assembly Bill No. 364—AN ACT relating to information services; providing in skeleton form for the creation of the office of the chief information officer and the information technology commission; defining the qualifications, powers and duties of the chief information officer and information technology commission; eliminating the information technology advisory board; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Williams, Giunchigliani, Parks, Manendo, Collins, Von Tobel, Ohrenschall, Price, Perkins, Buckley, Lee, Neighbors, Berman, Gibbons, Marvel, Carpenter, Segerblom, Anderson, Freeman, Thomas, Tiffany, Chowning, Evans, Arberry, Goldwater, Mortenson and Parnell:
Assembly Bill No. 365—AN ACT relating to the adoption of children; providing for the continuation of financial support for certain children after their adoption by relatives; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Education:
Assembly Bill No. 366—AN ACT relating to educational personnel; requiring the assignment of teachers who serve as mentors for probationary teachers; requiring the board of trustees of a school district to create a committee for the professional development of teachers; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Manendo (by request):
Assembly Bill No. 367—AN ACT making an appropriation to the Department of Transportation for the construction of an extension to the sound barrier along the east side of U.S. Highway No. 95/Interstate Highway No. 115 near Elaina Avenue in Las Vegas; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Concurrent Committees on Transportation and Ways and Means.
Motion carried.
By the Committee on Education:
Assembly Bill No. 368—AN ACT relating to education; requiring that the annual audit of certain school districts include an audit of expenditures relating to the design, construction, acquisition and renovation of school facilities and grounds; requiring the legislative auditor to conduct a performance audit of the University and Community College System of Nevada; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Williams moved that the vote whereby Assembly Bill No. 368 was referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 368 be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 14.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 50.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 51.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 81.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 97.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 105.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 117.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 129.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the vote whereby Senate Bill No. 129 was referred to the Committee on Judiciary be rescinded.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 129 be referred to the Committee on Transportation.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 139.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 166.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 23.
Bill read second time and ordered to third reading.
Assembly Bill No. 134.
Bill read second time.
The following amendment was proposed by Assemblyman de Braga:
Amendment No. 66.
Amend sec. 23, page 8, line 8, by deleting “approval.” and inserting:
“approval and expires by limitation on July 1, 2001.”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblymen de Braga and Hettrick.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 197.
Bill read second time.
The following amendment was proposed by Assemblyman de Braga:
Amendment No. 65.
Amend sec. 2, page 2, by deleting lines 21 through 23 and inserting:
“of the sum of [$25 per diem for any meeting of the board, and necessary traveling expenses actually expended while engaged in the performance of his duties.] $80 per day and actual traveling expenses for each day spent attending meetings of the”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 11.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 77.
Amend sec. 4, page 2, line 23, by deleting:
“October 1, 1999.” and inserting:
“the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding the following assemblyman as a primary joint sponsor:
Assemblyman Perkins.
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. 53.
Bill read third time.
Remarks by Assemblymen Carpenter and Price.
Roll call on Assembly Bill No. 53:
Yeas—40.
Nays—None.
Excused—Marvel, Mortenson—2.
Assembly Bill No. 53 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 152.
Bill read third time.
Remarks by Assemblymen Tiffany and Beers.
Potential conflict of interest declared by Assemblyman Beers.
Roll call on Assembly Bill No. 152:
Yeas—40.
Nays—None.
Excused—Marvel, Mortenson—2.
Assembly Bill No. 152 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 166.
Bill read third time.
Remarks by Assemblymen Hettrick, Perkins and Price.
Roll call on Assembly Bill No. 166:
Yeas—40.
Nays—None.
Excused—Marvel, Mortenson—2.
Assembly Bill No. 166 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 100.
Bill read third time.
Remarks by Assemblymen Thomas and Goldwater.
Conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 100:
Yeas—39.
Nays—None.
Not voting—Goldwater.
Excused—Marvel, Mortenson—2.
Assembly Bill No. 100 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 152 was this day passed.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Donald M. Korson, Sr.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Phil Stout.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Diana Gierhart and Jana Atwood.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kelly McVey.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Randy King.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to William B. "Bill" Winks.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Mike Moulian and Kelly Gregory.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Edwards and Cheri Warrell.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Rita McGary, Jim Jennings and Jerry Miller.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Solea Ray Schmitt, Megan Schmitt and Charles Musser.
On request of Assemblyman Thomas, the privilege of the floor of the Assembly Chamber for this day was extended to Randy Lavigne, Shawn Soucie, Ed Vance, Eric Anderson, Kevin Jeffers, Michael Crowe, Lora Peluso and David Bringas.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, March 3, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:22 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon