THE THIRTY-SIXTH DAY
Carson City (Monday), March 8, 1999
Assembly called to order at 11:20 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Neighbors, who was excused.
Prayer by the Chaplain, Reverend Dick Campbell.
Eternal and ever blessed God: You are known by many names throughout the world. Your goodness, might and power are felt by all Your children. We come before You this day with gratitude in our hearts for Your many blessings to us. We praise You for Your presence here and ask Your blessing upon this Assembly. Their tasks are enormous, give them strength; important, give them wisdom; humane, give them compassion. Grant them Your blessing and also bless our state and our nation now and in the future. We pray in Your 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 Concurrent Committee on Education, to which was referred Assembly Bill No. 147, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bill No. 268; Assembly Concurrent Resolution No. 5 has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairwoman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 260, 350, 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 Senate Bill No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 5, 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. 39, 241, 243.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Joint Resolution No. 13.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 49, 56, 149, 158.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolutions Nos. 9, 16; Assembly Concurrent Resolution No. 2.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 11.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Joint Resolution No. 2 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Collins moved that Assembly Bill No. 86 be taken from the Chief Clerk’s desk and placed on the General File.
Motion carried.
By the Committee on Health and Human Services:
Assembly Joint Resolution No. 14—Commending Dr. Daniel L. Peterson for his work on behalf of persons with chronic fatigue syndrome and urging the Congress of the United States to provide financial support for additional scientific research to combat this disease.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Joint Resolution No. 15—Urging Congress to rectify inequities that occur between federal and state regulatory agencies regarding the Employee Retirement Income Security Act of 1974 as it relates to appeals processes.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblywoman Angle (by request):
Assembly Concurrent Resolution No. 26—Urging the Supreme Court of the State of Nevada to adopt rules requiring certain judges to allow a party to a civil action to address the court under certain circumstances.
Assemblywoman Angle moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
Senate Joint Resolution No. 13.
Assemblywoman Buckley moved that all rules be suspended, reading so far had considered first reading, rules further suspended, resolution declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Assemblywoman Buckley.
Motion carried unanimously.
Assemblywoman Buckley moved that Senate Joint Resolution No. 13 be placed at the top of the General File.
Motion carried.
general file and third reading
Senate Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Joint Resolution No. 13:
Yeas—41.
Nays—None.
Excused—Neighbors.
Senate Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 113.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 113:
Yeas—41.
Nays—None.
Excused—Neighbors.
Assembly Bill No. 113 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 150.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 150:
Yeas—41.
Nays—None.
Excused—Neighbors.
Assembly Bill No. 150 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 86.
Bill read third time.
The following amendment was proposed by Assemblyman Collins:
Amendment No. 109.
Amend section 1, page 1, line 10, by deleting “is 100,000 ” and inserting:
“, as certified by the governor in even-numbered years pursuant to NRS 360.285, is 150,000”.
Amend section 1, page 1, line 14, after “population” by inserting:
“, as certified by the governor in even-numbered years pursuant to NRS 360.285,”.
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblymen Collins, Buckley, Price and Anderson.
Amendment lost.
Remarks by Assemblymen Buckley, Collins, Segerblom, Price, Anderson, Perkins, Gustavson, Nolan, Angle and Brower.
Mr. Speaker requested the privilege of the chair for the purpose of making remarks.
Roll call on Assembly Bill No. 86:
Yeas—29.
Nays—Anderson, Angle, Collins, de Braga, Dini, Gibbons, Gustavson, Manendo, Marvel, Parks, Price, Von Tobel—12.
Excused—Neighbors.
Assembly Bill No. 86 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
SECOND READING AND AMENDMENT
Assembly Bill No. 8.
Bill read second time and ordered to third reading.
Assembly Bill No. 58.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 54.
Amend the bill as a whole by deleting sections 1 through 62 and adding new sections designated as sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person licensed as a real estate salesman may use the term “real estate salesman,” “real estate saleswoman” or “real estate salesperson” in the course of doing business.
2. A person licensed as a real estate broker-salesman may use the term “real estate broker-salesman,” “real estate broker-saleswoman” or “real estate broker-salesperson” in the course of doing business.
Sec. 3. 1. In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:
(a) If he is a real estate broker, disclose the name of the licensed brokerage under which he does business; or
(b) If he is a real estate broker-salesman or real estate salesman, disclose the name of the broker with whom he is associated.
2. A real estate broker-salesman or real estate salesman shall not advertise solely under his own name when acting in the capacity as a broker-salesman or salesman. All such advertising must be under the direct supervision of and in the name of the broker with whom the broker-salesman or salesman is associated.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the sale of real estate; authorizing licensed real estate broker-salesmen and real estate salesmen to use additional terms to refer to their licensed status; requiring certain information to be included in advertisements by licensees; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning sale of real estate. (BDR 54‑1210)”.
Assemblyman Beers moved the adoption of the amendment.
Remarks by Assemblyman Beers.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 283.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 10.
Resolution read second time and ordered to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Brower:
Assembly Bill No. 412—AN ACT relating to water rights; revising provisions relating to the acquisition and use of certain water rights; exempting such water rights from certain statutory and common law provisions concerning forfeiture and abandonment; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Brower and Gibbons:
Assembly Bill No. 413—AN ACT relating to education; providing a pilot program for the formation of community school boards for public schools within the jurisdiction of the Nevada Tahoe regional planning agency; prescribing the manner of election and term of office for members of a community school board; transferring certain duties from the board of trustees of a school district to a community school board; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 414—AN ACT relating to county recorders; increasing the fee charged by a county recorder for certifying a document; prohibiting the recording of certain documents that do not contain certain information; eliminating the requirement that a county recorder send a copy of an affidavit of death to the welfare division of the department of human resources; increasing that portion of the fee for a marriage license that is paid over to the county recorder; 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 Ways and Means:
Assembly Bill No. 415—AN ACT making an appropriation to the City of Las Vegas for the revitalization of the Herbert Gerson Park into a mixed-use, mixed-income development; 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. 416—AN ACT relating to state financial administration; making appropriations to the benefit services fund from the state general fund and the state highway fund; requiring an assessment of certain state agencies for deposit in the benefit services fund; 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. 417—AN ACT making an appropriation to Lander County for expenses related to the trial of Kyle Ray and Colby Becker; 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 Assemblymen Ohrenschall, Koivisto, Claborn, McClain, Leslie, Buckley, Price and Manendo; Senators Care, Carlton, Titus and Wiener:
Assembly Bill No. 418—AN ACT relating to mobile homes; providing additional requirements for the protection of their owners, purchasers and renters; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Ohrenschall, Carpenter, Anderson, Manendo, Claborn, McClain, Brower, Leslie and Price:
Assembly Bill No. 419—AN ACT relating to taxation; providing a credit against the tax upon conducting a business for the recycling of materials used in the business; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Ohrenschall, Price and Manendo:
Assembly Bill No. 420—AN ACT relating to trade practices; prohibiting a seller from requiring secondary identification as a condition of accepting a credit card; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Humke, Collins, Manendo, McClain, Buckley, Koivisto and Ohrenschall:
Assembly Bill No. 421—AN ACT relating to domestic relations; providing a formula for determining the amount and duration of alimony under certain circumstances; making various other changes to provisions governing alimony; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Claborn and Collins:
Assembly Bill No. 422—AN ACT relating to law enforcement agencies; authorizing a sheriff to collect fees for providing law enforcement services to certain cities; requiring a city council to create a police department in certain circumstances; revising the duties of the chief of police; and providing other matters properly relating thereto.
Assemblyman Claborn moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Freeman, Gibbons, Humke, Leslie and Evans:
Assembly Bill No. 423—AN ACT relating to taxation of real property; exempting property acquired by the Nevada Nature Conservancy from taxation; increasing the provisions for relief from property tax for certain elderly persons; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Freeman, Gibbons, Humke, Leslie, Evans and Anderson:
Assembly Bill No. 424—AN ACT relating to regional planning; providing in skeleton form for various changes to the process of regional planning in certain counties; requiring a local government that is within an area covered by a comprehensive regional plan to conform its actions, ordinances and regulations to the plan; providing for the resolution of disputes regarding conformance with a comprehensive regional plan; creating an advisory committee on plans for capital improvements; revising provisions regarding plans for capital improvements; changing the composition of the regional planning commission; expanding contents of a comprehensive regional plan; authorizing the governing body of a local government to use certain land use controls and principles of zoning; expanding the scope of activities for which impact fees may be charged; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 425—AN ACT relating to the Moapa Valley Water District; expanding the jurisdiction and service area of the district; reducing the size of the governing board of the district; clarifying the length of the terms of the members of the governing board; revising the provisions governing the filling of a vacancy on the governing board; eliminating certain obsolete provisions; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 39.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 49.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 56.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 149.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 158.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 241.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 243.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Ohrenschall, Carpenter, Leslie, Brower, Koivisto, McClain, Claborn, Collins, Manendo and Price; Senator Titus:
Assembly Concurrent Resolution No. 27—Directing the Legislative Commission to conduct an interim study of residential facilities for elderly persons.
Assemblywoman Ohrenschall moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Concurrent Resolution No. 9.
Assemblyman Perkins moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Senate Concurrent Resolution No. 16.
Assemblyman Perkins moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assemblywoman Buckley moved that Assembly Joint Resolution No. 4 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:20 p.m.
ASSEMBLY IN SESSION
At 12:29 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 426—AN ACT relating to irrigation districts; providing that irrigation districts that generate, produce, transmit and sell electric power or energy are not public utilities subject to the jurisdiction of the public utilities commission of Nevada; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Gibbons (by request):
Assembly Bill No. 427—AN ACT relating to air pollution; revising the authority of certain state agencies to enact regulations regarding the licensure of certain persons who inspect vehicles; requiring each hearing officer of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety to be a graduate of an accredited law school if he conducts a hearing concerning certain licenses and administrative fines relating to the control of emissions from vehicles; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
general file and third reading
Assembly Joint Resolution No. 4.
Resolution read third time.
Remarks by Assemblymen Goldwater, Buckley, Anderson and Collins.
Roll call on Assembly Joint Resolution No. 4:
Yeas—40.
Nays—None.
Excused—Giunchigliani, Neighbors—2.
Assembly Joint Resolution No. 4 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:38 p.m.
ASSEMBLY IN SESSION
At 12:47 p.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Rodgers, Charlie Voos, James Deaver, Boden Bradley, Blaine Pickett, James Grange, Gavin Hertz, David Marshall, Kepa Zugazaga, Adam Kemmerer, Jon Salisbury, Brett Hughes, Brian Coulston, Troy Savary, James Pond, Pete Bradley, Stan Kemmerer, Dan Marshall, Al Pickett, Erika Pickett, Brett Pickett, Marcella Pond, Terri Rodgers, Richard Rodgers, Jackie Jonas, Mitch Grange, Anita Salisbury, Daniel Farris, Bill Farris, Jed Bradley and Sue Bradley.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Enrico Sacchini, Roberta Gardner and Jennifer Block.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, March 10, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:48 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon