Carson City (Friday), March 5, 1999
Assembly called to order at 11:16 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Collins and Marvel, who were excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
Hear, O God, the earnest supplications of the members of this body, gathered for this sacred moment of prayer and deepened feelings of unity and fellowship as we pray with them and for them. Give us wisdom to see that no good life comes without right discipline. Give us the grace to impose it upon ourselves, lest others do it for us. Help us to discipline our speech, that we may seek clarity rather than cleverness and sincerity instead of sarcasm. Help us to discipline our thinking and our actions, that in this place people may see democracy at its best and us at our best for democracy and for You to see us. 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 Commerce and Labor, to which were referred Assembly Bills Nos. 8, 283, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 58, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 17 of the 69th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.
Bob Price, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Joint Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblyman Bache:
Assembly Joint Resolution No. 11—Proposing to amend the Constitution of the State of Nevada to require each regular session of the Legislature to commence on the first Monday in March.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 2 of article 4 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 2. 1. The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of [February]March following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.
2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
3. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.
Assemblyman Bache moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblyman Carpenter:
Assembly Concurrent Resolution No. 24—Urging the Division of Wildlife of the State Department of Conservation and Natural Resources to consider certain factors when making wildlife management decisions.
Assemblyman Carpenter moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Carpenter:
Assembly Concurrent Resolution No. 25—Directing the Legislative Committee on Education to study the feasibility of adopting certain reforms for the system of public education.
Assemblyman Carpenter moved that the resolution be referred to the Committee on Education.
Motion carried.
Assembly Concurrent Resolution No. 6.
Resolution read.
Assemblywoman Freeman moved that the resolution be re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Concurrent Resolution No. 10.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted.
Assemblywoman Buckley moved that Assembly Joint Resolution No. 4 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
By Assemblymen Beers, Buckley, Perkins, Manendo, Hettrick, Berman, Parks, de Braga, Thomas, Segerblom, McClain, Tiffany, Nolan, Brower, Angle, Gustavson, Chowning, Mortenson, Carpenter, Gibbons, Neighbors, Lee, Arberry, Giunchigliani, Collins, Von Tobel, Ohrenschall and Price; Senator Amodei:
Assembly Joint Resolution No. 12—Urging the Federal Government to invest all surplus money in the Federal Insurance Contributions Act for the benefit of the Social Security system.
Assemblyman Beers moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:26 a.m.
ASSEMBLY IN SESSION
At 11:38 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Freeman moved that the vote whereby Assembly Concurrent Resolution No. 6 was re-referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblywoman Freeman moved that Assembly Concurrent Resolution No. 6 be placed on the Resolution File.
Motion carried.
Assemblywoman Freeman moved that Assembly Bill No. 6 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 231.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 231:
Yeas—40.
Nays—None.
Excused—Collins, Marvel—2.
Assembly Bill No. 231 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 262.
Bill read third time.
Assemblyman Anderson moved that Assembly Bill No. 262 be taken from the General File and be placed on the Chief Clerk’s desk.
Motion carried.
Senate Bill No. 18.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Senate Bill No. 18:
Yeas—40.
Nays—None.
Excused—Collins, Marvel—2.
Senate Bill No. 18 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Carpenter; Senator Rhoads:
Assembly Bill No. 404—AN ACT relating to the Department of Transportation; requiring the Legislative Auditor to conduct a performance audit of the Department; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Concurrent Committees on Transportation and Ways and Means.
Motion carried.
By Assemblyman Price:
Assembly Bill No. 405—AN ACT relating to utilities; requiring a provider of certain utility services to include a statement of consent on any form used by the provider to obtain the signature of a customer to change his provider of such a service; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hettrick, Cegavske, Anderson, Bache, Tiffany, Koivisto, McClain, Angle, Gustavson, Claborn, Mortenson, Beers, Nolan, Brower, Leslie, Evans, Perkins, Humke, Berman, Collins, Thomas, Lee, de Braga, Neighbors, Parks, Von Tobel, Segerblom, Goldwater, Dini, Buckley, Giunchigliani, Arberry, Gibbons, Carpenter and Marvel; Senator Jacobsen:
Assembly Bill No. 406—AN ACT relating to criminal sentences; authorizing a justice of the peace and municipal judge to extend the suspension of a sentence if an offender violates or fails to fulfill a condition of suspension and the offender is ordered to serve only a part of the sentence; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 407—AN ACT relating to traffic laws; requiring a court to order a person who is convicted of a first violation within 7 years of driving under the influence of alcohol or a controlled substance to undergo an evaluation and attend a program of treatment for the abuse of alcohol or drugs; 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 Government Affairs:
Assembly Bill No. 408—AN ACT relating to water; requiring the state engineer to have just cause to revoke certain permits for the appropriation of water or to deny certain applications for the appropriation 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 Gustavson, Nolan, Beers, Brower, Leslie, Evans, Cegavske, Hettrick, Lee, Berman, Von Tobel, Carpenter, Gibbons, Angle, Tiffany, Freeman, Bache, Anderson, Arberry, Parks, Ohrenschall, Price, Buckley, Giunchigliani, Thomas and Chowning:
Assembly Bill No. 409—AN ACT relating to emergency care; extending limited immunity from liability regarding the use of automated defibrillators and related training; extending limited immunity from liability to licensed practical nurses for providing or supervising certain emergency care; extending limited immunity from liability to certain providers of health care licensed in another state who render emergency care to persons in this state; conforming certain related provision regarding the occupational safety program; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 410—AN ACT relating to drivers’ licenses; repealing certain requirements relating to the submission of a statement regarding compliance with a court order for child support as a condition to the issuance or renewal of a license; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assemblyman Anderson moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:50 a.m.
ASSEMBLY IN SESSION
At 11:53 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that the vote whereby Assembly Bill No. 410 was referred to the Committee on Transportation be rescinded.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 410 be referred to the Committee on Judiciary.
Motion carried.
Assembly Concurrent Resolution No. 6.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted.
Assemblyman Goldwater moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:55 a.m.
ASSEMBLY IN SESSION
At 12:00 p.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 113.
Bill read second time and ordered to third reading.
Assembly Bill No. 150.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 84.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 2.
Resolution read second time and ordered to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Price:
Assembly Bill No. 411—AN ACT relating to the board of regents of the University of Nevada; providing prospectively for legal counsel for the board of regents from the office of the attorney general; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Education.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 13—Proposing to amend the Constitution of the State of Nevada to revise the term of office of a justice of the supreme court or judge of a district court who is appointed to fill a vacancy.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 20 of article 6 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
[2. The] Except as otherwise provided in subsection 2, the term of
office of any justice or judge so appointed expires on the first Monday of
January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the
appointment was made. At that general election, a justice or judge must be
elected to fill the remainder of the term.
2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.
3. Each nomination for the supreme court shall be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court shall be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.
Assemblyman Price moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried
Assemblyman Price moved that Assembly Joint Resolution No. 17 of the 69th Session be re-referred to the Committee on Constitutional Amendments.
Remarks by Assemblyman Price.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 22, Senate Concurrent Resolution No. 17.
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 Russell Fromherz and Kevin Fromherz.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Jennifer Angell, Tarah Badger, Shannon Balderson, Jeremiah Boucher, Jordan Bradley, Brandi Bradshaw, Jacquelyan Brock, Julia Bronnenberg, Tonya Brown, Arlene Casillas, Kimberly Coe, Billy Covington, Michele Daidone, Nicole Davey, Melissa Depoorter, Erin Diebold, Dan Diggins, Robert Erekson, Matthew Herren, Lillie Huffington, John Kennedy, Genevieve Ludwig, Tiffany Miller, Danyelle Mortensen, Rebecca Morton, Rob Oslund, Tiffany Reardon, Jennifer Redding, Candice Rizzi, Michael Rose, James Smalley, Brant Stewart, Bonnie Stringer, Aaron Swapp, Noma Thayer, John Wallace, Linda Badger, Debbie Berger, Scott Hammond and Jayceine Gilmour.
Assemblyman Perkins moved that the Assembly adjourn until Monday, March 8, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:10 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon