Carson City (Wednesday), March 3, 1999
Assembly called to order at 11:09 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Marvel, who was excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
O Lord, our God, even at this moment as we come blundering into Your presence in prayer, we are haunted by memories of duties unperformed, promptings disobeyed, and beckonings ignored. Opportunities to be kind knocked on the door of our hearts and went weeping away. We are ashamed, O Lord, and tired of failure. As we come close to You at this moment, draw close to us, come nearer still, till selfishness is burned out within us and our wills lose all their weakness in union with Your own. 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 Constitutional Amendments, to which was referred Assembly Joint Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Robert E. Price, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 231, 262, and Senate Bill No. 18 has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Mortenson, Claborn, Gustavson, Beers, Nolan, Brower, Humke, Chowning, Hettrick, Cegavske, Tiffany, Parnell, Segerblom, Carpenter, Goldwater, Giunchigliani, Arberry, Williams, Parks, Manendo, Von Tobel, Ohrenschall, Price, Gibbons, Berman, Neighbors, Lee, Buckley and Anderson:
Assembly Bill No. 369—AN ACT relating to public meetings; requiring a public body to allot an equal amount of time for certain testimony at a public meeting; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Parnell, Gibbons, de Braga, Bache, Segerblom, Neighbors, Leslie, Anderson, Lee, Freeman, Koivisto, McClain and Chowning:
Assembly Bill No. 370—AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by the state for group insurance for participating officers and employees; and providing other matters properly relating thereto.
Assemblywoman Parnell moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Parnell, Gibbons, de Braga, Bache, Segerblom, Neighbors, Leslie, Anderson, Lee, Freeman, Koivisto, McClain and Chowning:
Assembly Bill No. 371—AN ACT relating to state employees; authorizing the use of arbitration in the adjustment of certain grievances; providing a process for the selection of an arbitration panel; and providing other matters properly relating thereto.
Assemblywoman Parnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Giunchigliani, Arberry, Williams, Parks, Neighbors, Collins, Manendo, Ohrenschall, Price, Gibbons, Chowning, Freeman, de Braga, Evans, Leslie, Nolan, Claborn, Mortenson, Lee, Buckley, Bache, Anderson, Perkins, Koivisto, McClain and Parnell:
Assembly Bill No. 372—AN ACT relating to crimes; providing in skeleton form to make certain provisions concerning the protection of older persons from abuse, neglect, exploitation and isolation applicable to certain persons with mental disabilities; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Giunchigliani, Arberry, Parks, Williams, Collins, Manendo, Ohrenschall, Price, Gibbons, Berman, Chowning, Freeman, de Braga, Evans, Leslie, Nolan, Claborn, Mortenson, Lee, Neighbors, Buckley, Bache, Anderson, Perkins, Koivisto, McClain and Parnell:
Assembly Bill No. 373—AN ACT relating to health care; making various changes concerning certain health care facilities; repealing the provisions providing for the registration of homes for individual residential care; requiring such homes to become licensed as residential facilities for groups; requiring all facilities for the treatment of abuse of alcohol or drugs to be certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation and to be licensed by the health division of the department of human resources; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 374—AN ACT relating to the commission for cultural affairs; authorizing the commission to grant as financial assistance for certain projects a certain amount of the interest earned on the fund for the preservation and promotion of cultural resources; 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 Government Affairs:
Assembly Bill No. 375—AN ACT relating to counties; requiring that uninsured deposits by a county treasurer be secured by certain collateral; providing a procedure for the sale of such collateral if the depository fails to pay a deposit upon demand; authorizing the deposit of county money in insured credit unions; clarifying that property taxes are not paid quarterly; providing for the listing on one trustee certificate issued by a county tax receiver of all properties on which taxes are delinquent; providing for the recording of the certificate against each property described in the certificate; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Bache:
Assembly Bill No. 376—AN ACT relating to law enforcement; requiring the boards of trustees of certain school districts to contract with metropolitan police departments or other local law enforcement agencies for police services; requiring the creation of a school police unit within each metropolitan police department; directing the transfer of certain employees; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Angle, Gustavson, Humke, Cegavske, Tiffany, Beers, Von Tobel, Segerblom, Gibbons, Berman, Claborn, Mortenson, Nolan, Lee, Neighbors, Marvel, Hettrick, Carpenter and Brower:
Assembly Bill No. 377—AN ACT relating to motor vehicles; requiring, in skeleton form, the director of the department of motor vehicles and public safety to enter into a contract with a person to carry out the duties of the department concerning the issuance of license plates, drivers’ licenses, instruction permits and identification cards under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Gustavson, Angle, Mortenson, Claborn, Carpenter, Tiffany, Freeman, Arberry, de Braga, Cegavske, Von Tobel, Gibbons and Beers:
Assembly Bill No. 378—AN ACT relating to motor vehicles; requiring, in skeleton form, the director of the department of motor vehicles and public safety to enter into a contract with a person to carry out, under certain circumstances, the duties of the department concerning the issuance of drivers’ licenses, the registration of motor vehicles and the examination of applicants for drivers’ licenses, commercial drivers’ licenses and motorcycle drivers’ licenses; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Gustavson, Arberry, Angle, de Braga, Bache, Manendo, Koivisto, Cegavske, Brower, Ohrenschall, Chowning, Collins, McClain, Tiffany, Von Tobel, Price, Gibbons, Berman, Neighbors, Lee, Perkins, Hettrick, Humke, Claborn, Beers, Nolan and Leslie:
Assembly Bill No. 379—AN ACT relating to controlled substances; providing for increased penalties for distributing or selling a controlled substance to a minor; providing that murder of a minor caused by the distribution or sale of a controlled substance to the minor is murder in the first degree and constitutes an aggravating circumstance; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 86.
Bill read second time and ordered to third reading.
Assembly Bill No. 136.
Bill read second time and ordered to third reading.
Assembly Bill No. 299.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 2.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 52.
Amend the resolution, page 2, by deleting lines 33 through 36 and inserting: “Secretary of the Interior and the Secretary of Agriculture to establish the necessary regulations and procedures whereby horses and burros in excess of the appropriate management levels are gathered in a timely fashion, and unadoptable horses and burros are made available for sale at open market; and be it further
Resolved, That the Nevada Legislature urges Congress to include provisions in the Wild Free-Roaming Horses and Burros Act directing that the proceeds of sales of unadoptable horses and burros be granted to the state director of the federal land management agency responsible for the horses and burros which were gathered off public lands, prior to sale, and that these proceeds be used to augment wild horse and burro management programs in the state; and be it further
Resolved, That the establishment of the appropriate management levels should be based on sound scientific and locally-collected resource information that incorporates and fully acknowledges other existing multiple uses of the land, such as the needs of other wildlife and livestock living on the land; and be it further
Resolved, That the establishment of the appropriate management levels should be concluded by the end of the federal fiscal year 2002, and maintained thereafter, irrespective of the outlet capacity of the federal horse adoption programs; and be it further”.
Amend the preamble of the resolution, page 2, line 23, by deleting “for grazing”.
Amend the preamble of the resolution, page 2, lines 28 and 29 by deleting:
“and starvation during the winter;” and inserting:
“, starvation and drought;”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 23.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 23:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 23 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 134.
Bill read third time.
Remarks by Assemblymen de Braga and Carpenter.
Roll call on Assembly Bill No. 134:
Yeas—27.
Nays—Angle, Beers, Carpenter, Cegavske, Claborn, Collins, Gibbons, Gustavson, Hettrick, Neighbors, Nolan, Price, Tiffany, Von Tobel—14.
Excused—Marvel.
Assembly Bill No. 134 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 197.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 197:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 197 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 11.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 11:
Yeas—41.
Nays—None.
Excused—Marvel.
Senate Bill No. 11 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 3, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 17.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 17.
Assemblyman Gustavson moved the adoption of the resolution.
Remarks by Assemblyman Gustavson.
Resolution adopted.
Bill ordered transmitted to the Senate.
In compliance with a notice given on a previous day, Assemblyman Perkins moved that the vote whereby Assembly Bill No. 152 was passed be reconsidered.
Motion carried.
Assemblyman Perkins moved Assembly Bill No. 152 be taken from the General File and placed on the Chief Clerk’s desk.
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 11:45 a.m.
ASSEMBLY IN SESSION
At 11:57 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 380—AN ACT relating to water; revising the provisions establishing the priority of certain water rights; providing that certain evidence may be considered to show whether water has been beneficially used; clarifying the circumstances under which water becomes appurtenant to land; providing that certain surface water rights are not subject to forfeiture for failure to use water pursuant to that right within a certain period; requiring a district court to decide protests of applications to appropriate water; 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.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 152 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 152.
Bill read third time.
Remarks by Assemblywoman Tiffany.
Potential conflict of interest declared by Assemblyman Beers.
Roll call on Assembly Bill No. 152:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 152 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 de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to David Fair and Shirley Sheldrake Fair.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Marie Aguirre, Bob Allgeier, Donna Allgeier, Theresa Annas, Maggie Benz, Jack Brightwell, Marilyn Brightwell, Fran Calahan, Lois Carty, Rick Carty, Mary Christ, Vic Christ, Jeanie Christianson, Judy Conrad, Mary Lou Corp, Mike Coleman, Kay Dupuis, Del Durboraw, Connie Elvik, Rosemary Gatewood, Grady Goodwin, Norma Goodwin, Milly Griffin, Bernadine Hamzik, Rich Hamzik, Lorene Hanford, Pete Hanford, Chuck Harris, Lillian Heckers, Dick Heckl, Lou Heckl, Ann Hersey, Fred Hersey, Ernie Hohndorf, Liz Hohndorf, Su Kemper, Louise Lajti, Paul Lajti, Hobard Lohmann, Fran Lohmann, Sally Miller, Kay Oetting, Mike Oetting, Cheri Owen, Lorrene Palmer, Brenda Robertson, Cindi Seligman, Barbara Smallwood, Shaaron Snead, Jean Tomlinson, Doris Turkington, Elsa Turkington, Mark Tarvainen, Toni Markle, Dorothy Webster, Jack Webster and Nancy Rosasco.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Hollis.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, March 4, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:06 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon