THE THIRTY-NINTH DAY
Carson City (Thursday), March 11, 1999
Assembly called to order at 10:49 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Rabbi David Beamis.
Good morning. As we assemble today, may we all call in prayer to our higher universal power. Let us pray that we receive wisdom and guidance in our decisions and votes today.
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. 374, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 227, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 340, 353; Senate Bills Nos. 77, 87, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Bernard Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 239, 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
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 10, 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. 152, 204; Assembly Bills Nos. 25, 80.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as
amended, Senate Bill No. 182.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 5.
Resolution read.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted, as amended.
Resolution ordered transmitted to the Senate.
Assembly Concurrent Resolution No. 17.
Resolution read.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
Resolution ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen McClain, Manendo, Collins, Claborn, Leslie, Koivisto, Anderson, Evans, Nolan, Beers, Parnell, Tiffany, Freeman, Bache, Giunchigliani, Williams, Parks, Von Tobel, Chowning, Humke, Ohrenschall, de Braga, Perkins, Lee, Neighbors, Mortenson, Segerblom, Gibbons, Buckley, Arberry and Carpenter:
Assembly Bill No. 473—AN ACT relating to juveniles; providing that a juvenile who is taken into custody for committing a battery that constitutes domestic violence must remain in custody for at least 12 hours; revising provisions concerning when a peace officer or probation officer who has taken a juvenile into custody for committing an offense must provide notice to a parent, guardian or custodian and probation officer of the juvenile; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Evans, Perkins, Dini, Arberry, Marvel, Giunchigliani, Hettrick, Beers, Goldwater, Cegavske, Chowning, Parks, de Braga, Price, Leslie, Segerblom, Thomas, Gibbons, Ohrenschall, Von Tobel, Manendo, Buckley, Bache, Parnell, Williams, Anderson, Freeman, Koivisto, McClain, Angle, Gustavson, Claborn, Mortenson, Humke, Lee, Carpenter, Collins, Berman, Tiffany and Neighbors:
Assembly Bill No. 474—AN ACT relating to public health; creating the trust fund for public health; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the Assembly resolve itself into a Committee of the Whole for the purpose of considering Assembly Bill No. 363 with Assemblyman Anderson as Chairman of the Committee of the Whole.
Motion carried.
IN COMMITTEE OF THE WHOLE
Assemblyman Anderson presiding.
Assembly Bill No. 363 considered.
The Committee of the Whole was addressed by Assemblymen Chowning, Perkins, de Braga, Freeman and Mr. Jerry Lewis.
On the motion of Assemblyman Perkins, the committee did rise, and report back to the Assembly.
ASSEMBLY IN SESSION
At 11:24 a.m.
Mr. Speaker presiding.
Quorum present.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:24 a.m.
ASSEMBLY IN SESSION
At 11:34 a.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee of the Whole has met and considered Assembly Bill No. 363.
Bernard Anderson, Chairman
REMARKS FROM THE FLOOR
Assemblyman Perkins requested that the following remarks made during the Committee of the Whole be entered in the Journal.
Mr. Lewis:
Thank you, Mr. Anderson. Good morning, ladies and gentleman. I sincerely appreciate the fact that the good Speaker and Sheila Leslie arranged for me to be here today. I think that before I get to AB 363, I would tell you that a comedian always knows when it’s just the time to attempt to lighten things up. I have never in my life seen a better time.
So God calls Jesus Christ and says, “We need a martyr. It’s imperative that we have a martyr.” And Jesus Christ said, “I’ll do whatever you say.” God said, “You are going to have to make a choice. You are going to be a martyr either on a crucifix or with killer bees.” And Jesus Christ said, “In other words, I have a choice.” And God said, “That’s right.” Jesus Christ said, “ I think I would like to go with the crucifix.” Because of that decision, for hundreds and hundreds of years, Catholics have been in church on Sunday, crossing themselves, rather than swatting and yelling.
Coming up on Reno Air, the captain tells us that we are at a certain altitude, and then we hear him say, “Take this. I’m going back in the cabin to get a cup of coffee and jump on that new stewardess.” We all reacted with shock. We knew he didn’t know the microphone was on. Well, the stewardess started to run to the flight deck to tell him that the microphone was on and she slipped in the aisle, falling on her back. A woman leaned over to her and said, “What’s your hurry, sweetheart? He’s going to have coffee first.”
Comedy and tragedy have been synonymous through the ages, as far back as ancient Greece. Comedy and tragedy play a game together when it’s productive and when it is meaningful. Tragedy is something we hope never happens to those we care for or to ourselves, for that matter. Assembly Bill 363 is probably the most important bill, I think, ever passed by this body. And I say that because of the following.
Stalking is not unlike Alzheimer’s, ALS, and cancer. In fact, stalking is little different. It doesn’t let you know when—and you never know how long you’ve got. Stalking, for the last nine months, has turned my life and that of my seven-year-old, upside down, inside out; into tourniquet like blood-flushing pain and emotions. There is a wacko out there who went before the judge the first time and the judge sent him to a “country club” for six months. He escaped, then came to my house with a gun and threatened my housekeeper. He took the same gun to my office and threatened my staff. He told me on the phone he was going to kill me and my daughter. He was put away for a six-year sentence, but given five months of probation. The judge, no matter who it is, can’t read everything that is there. He can’t read everything on the docket. The justice system is such that he can’t read the details of every case.
Any judge with any sense of what was happening would hardly put this man on probation. While on probation, he held up a bank in San Diego. I guess he figured it was a nice day to break out, lay back, and then hold up a bank. Then they sent him to another “country club,” where they gave him medicine and his schizophrenia was dealt with, by drugs. He came up before the same judge for the third time. The judge told him he was going to have to serve the six years, but “we are going to give you the credit for the 1200 days you have already served.” So they put him in for three years. He gets out in 140 days.
Is the justice system smart? No. But it is the only system we’ve got. I have heard that already. I heard that as far back as Franklin Delano Roosevelt; “It’s the only thing we’ve got.” How come we have amendments? You need to tell me that everything Thomas Jefferson wrote was perfect? If so, we wouldn’t have a First Amendment. Amendment means, I think, “fix.”
There is only one way we can beat stalking and it is the way Steven Speilberg beat it in California. They put the guy away for 25 years. Now, when you talk about deterrents, we are talking about something that is a little scary. The maximum in my state, where I live, is six years. Why? Because it got lost in the cracks somewhere. Because some big shot with a billion dollars wants to build a hotel and we have to be sure the water coming from the men’s room doesn’t get in the way of the other hotels. What kind of legislation is that? We’ve got stuff that is life threatening.
I brought a psychiatrist from Louisville, Kentucky; one of the most preeminent in the field of wackos and crazy people. He came to my home and he said, “Jerry, after reading three hours of this brief on this stalker, I’m telling you now: the day they let him out, he is coming to kill you and your daughter. And that’s irrevocable. He’s coming to kill you and your daughter.”
Now let me tell you, ladies and gentleman of the Assembly, I have spent $180,000 in a six-week period, keeping my daughter safe. Sending her to school—she’s in the first grade—with security. My home looked like Beirut. We had SWAT teams when he escaped. We had helicopters. We had the FBI and Metro. I was praying for him to come to my house. It would have been over.
I am a man who cares so desperately about the human condition that for the last 50 years I have been helping humanity because I think it is something which should be done. Where’s my payback? I don’t do it to get anything back; I do it out of the love of my heart, for children in trouble. But now, I am in this trouble, and they threaten my seven-year-old daughter, and someone is going to come and kill her? I don’t think so.
And what is this? Why is John F. Kennedy killed, this good man? Why is Bobby killed, this good man? Why is Martin Luther King killed, this good man? Well, Jerry Lewis raises a $1,600,000,000 to help children and adults with neuro-muscular disease; let’s kill him, too.
So I say to you, ladies and gentlemen, this State of Nevada that I am as proud of as any one of you are, has a maximum sentence of six years for stalking. It must be 25 years. Do we wait until my daughter is dead? Do I come to this Assembly and say, ‘Well, he hit her first and I got away.” I plead with you as passionately and as unashamedly as I can. Please make Assembly Bill 363 happen, at a 25-year maximum.
I promise if you do this I will find out where you live and I’ll come over and do 20 minutes. You can invite some friends to the house; we’ll sit around. We will have obsequious drills; we’ll do anything you want.
Now, if you think playing these two roles is easy, you’re crazy. It is not easy. But when you are conferring with an audience about something as important as this, you can’t allow their mind to drift to such a degree that the person they are listening to is another picture in back of their mind. I have grown up with all of you. You have grown up with me. It is you who have given me the joy that I have in my theatrical life. I could have done it without you, but? The passion that I bring here is not something you can call on, it’s either there or it isn’t. I respect this body, infinitely. I asked, please, to come here and get this done; I am not talking about the end of September sometime. I’m talking about now. Now. Do it. I’ll send you Nikes. Do it. You can’t imagine the good you will be doing for the people down the street, you, or your children.
The fear, the horror, the terror. My seven year old heard the alarm go off in the house because one of the security officers checked the door. And it’s loud. And it’s frightening. And she ran and I held her in my arms and I said, “It’s alright sweetheart, we have this just in case there is an intruder.” And now for five or six weeks, she’s had sleepless nights. She’s frightened. A child of six or seven is frightened anyhow. They were in that womb for nine months, with warm water, doing nothing but laying around. And then bang, they pull them out of there into a cold room and smack them on the ass. What do you expect? They have fear in their hearts.
I want to bring home to my wife and daughter a sense that there is a chance. I don’t think that if you give us AB 363, its going to help my position at all. I would be everything other than what I’ve always proclaimed if I did not stand here passionately for someone else, coming along and having to face this heinous crime. If I may, I would like to quote John Walsh, who wrote the following: “If another man’s child is threatened, and you move not to protect it, then all the children of the world are in jeopardy and you stand as guilty as those who threaten.”
Chairman Anderson:
Are there any questions from the members of the body, since we are in a Committee of the Whole? I would ask if there are any questions from the members of the body.
Assemblywoman Chowning:
Thank you, Mr. Chairman. Not Mr. Speaker, but Mr. Chairman. First of all, I would like to say that I am totally in support of Assembly Bill 363. I too have had a child that has been the victim of a stalker, both before the stalker going into prison and afterwards. I totally identify with and support you entirely. My question regards the changes to the bill on page 2, line 23, and previously in line 16, “the maximum term to be not more that six” is changed to 15 years.
Mr. Lewis:
That is correct. That is what Assembly Bill 363 reads currently. I think it is wrong. I ask the good Ms. Leslie if I could make the number I think it should be, which is 25.
Assemblywoman Chowning:
Mr. Chairman, my question to you is, the bill we have before us makes it a maximum of 15 years rather than 25 years.
Chairman Anderson:
Ms. Chowning let me respond for Mr. Lewis. What Mr. Lewis would be requesting of the committee is to move it from a “B” category felony to an “A” category felony, thus increasing the statutory limit, which would further amend the bill at line 15, in the third part. This would be his recommendation to the full committee. And we would take that under consideration.
Assemblywoman Chowning:
This isn’t a question, but a comment. In section 2, on line 3, I do think this is a significant addition to this bill. It requires the initial training that a peace officer takes must include the ramifications and problems of stalking. I think this is an additional improvement and I would like to urge everyone to vote positively for Assembly Bill 363. Thank you Mr. Chairman.
Assemblyman Perkins:
Mr. Lewis, in my paying life, I am a law enforcement officer in an adjacent community to where you live. My question would be, and I tread somewhat lightly, because you aren’t supposed to ask questions you don’t already have at least an idea of what the answer is. But the bill does change the initial training for peace officers. My question would be, in your experience, primarily with the Las Vegas Metropolitan Police Department, did you see any inadequacies there. Were there things that needed to be corrected?
Mr. Lewis:
Mr. Perkins, I can tell you that my experience with Metro, SWAT, the Sheriff’s Office, and all of the people who work law enforcement in Las Vegas, is impeccable. They are, and have been, as far as I am concerned, impeccable in their work; their work ethic; the way they handle things; and their pride in what they do. I am sure there is a bad apple here and there, but we could be talking about the corporate structure at ITT or Xerox. You are always going to have the apple that’s choking the growth. We have a tremendous force of men, including the local FBI men, who were all there for me. It wasn’t because it was me, it was because it was a man and his daughter in trouble. I don’t think that they need any pumping up. They are pretty damn good.
Assemblyman de Braga:
Thank you, Mr. Chairman. I too rise in support of this bill. There is absolutely no crime more hideous, even murder, than one that leaves a person in constant fear. My question is, were you notified sufficiently each time this person was released from prison?
Mr. Lewis:
Yes, ma’am. The parole board was very, very strong in their feelings that I should be made aware of everything, which was happening. So, from the time he was put in the first “country club”, I was told where he was. When he was moved from that facility to another, we were made aware of that. When he escaped, we were made aware of that. Metro and all the law enforcement officers in Las Vegas were there at my home to be sure we were protected. They always tell us where he is. And I know where he is now. And I know where he is going to be in 151 days. I have two guys in Chicago who would fix this in about 15 minutes—wonderful dreaming.
Assemblywoman Freeman:
Thank you, Mr. Chair. I really appreciate this hearing on this particular bill, today. I wanted to ask Mr. Lewis, in his research on this particular issue, if he is satisfied with the way the justice system has handled these kinds of cases, particularly in California.
Mr. Lewis:
I can only tell you that my experience with this kind of problem was my personal relationship with Steven Speilberg. I had known about this and how devastating it had been for him, for only 11 months. The maximum in California is what they gave him, which was 25 years. I know nothing more, other than that.
Chairman Anderson:
Mr. Lewis, I want to thank you again for coming to testify in front of the committee. Again, the committee will continue deliberation on this and other issues in front of us. It is only through concerned citizens, such as yourself, that we do this. Although a Committee of the Whole is an unusual process, I want you to understand, and others, that the reason we took this bill in such a serious fashion, is because we felt it was necessary for the full membership, rather than just one morning committee, to hear your testimony. We have tried to work with this particular issue in the past. I know you might find it hard to believe we had a very difficult time even getting a stalking law into position. I was here when we first did that. I appreciate you coming forward. It always takes a great deal of courage, I think, to change society from where it is, to where it needs to be and to move it forward. So, we take your warning and advice to heart. I hope we will be able to process the bill. I would indicate to other members of the body that we will take up the bill, with the full committee, tomorrow. Thank you very much, Mr. Lewis.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Assembly Bill No. 475—AN ACT relating to insurance; providing that the materiality of certain acts and omissions of an insured concerning a claim must be determined by the court as a matter of law; 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 the Committee on Commerce and Labor:
Assembly Bill No. 476—AN ACT relating to insurers; providing in skeleton form for a privilege of confidentiality for certain information obtained during an audit of an insurer to determine its compliance with state and federal law; providing a procedure for the waiver of the privilege of confidentiality; providing in skeleton form for a judicial procedure to determine whether information obtained during an audit by an insurer is subject to the privilege of confidentiality; 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 the Committee on Commerce and Labor:
Assembly Bill No. 477—AN ACT relating to mobile home parks; requiring a landlord of a mobile home park to remove snow from certain areas of the park; requiring a landlord to trim the trees within the park and dispose of the trimmings from those trees; increasing the fee for a late monthly rental payment; authorizing a landlord to give a discount on the monthly rental payment to a tenant who pays his rent in a timely manner or pays his rent by check, money order or electronic means; prohibiting a tenant from harassing a landlord, manager or assistant manager of a mobile home park, or an employee or agent of a landlord; providing a civil penalty; 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 Assemblymen Cegavske, Hettrick, Humke, Chowning, de Braga, Mortenson, Claborn, Gustavson, Angle, McClain, Koivisto, Tiffany, Parks, Manendo, Von Tobel, Ohrenschall, Leslie, Goldwater, Brower, Nolan, Beers, Bache, Anderson, Gibbons, Berman, Neighbors, Lee, Buckley, Marvel and Carpenter:
Assembly Bill No. 478—AN ACT relating to alcoholic beverages; increasing the penalty for providing an alcoholic beverage to underage persons; imposing duties on licensed retailers, purchasers and lessees of kegs and other containers of beer; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 479—AN ACT relating to elections; changing the date of the primary election to the first Tuesday in August; changing the date for filing of certain petitions, certificates of nomination and declarations of candidacy; revising the requirements for recounting ballots by hand; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen de Braga, Mortenson, Chowning, Manendo and Ohrenschall:
Assembly Bill No. 480—AN ACT relating to education; providing for an additional distribution of money from the distributive school account for school districts in severe financial emergencies; making an appropriation to White Pine County School District for statewide extension of the NOVA project for adult education; and providing other matters properly relating thereto.
Assemblyman de Braga 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. 481—AN ACT relating to agriculture; eliminating the requirement for the registration of apiaries; eliminating the annual fee for colonies of bees; eliminating the requirement for a permit issued by the division of agriculture of the department of business and industry to transport apiaries, bees, hives, combs or other used apiary supplies in this state; eliminating the requirement for a permit issued by the division to import into this state certain bees, used beehives, honeycombs or appliances; eliminating the requirement for the inspection of certain apiaries of queen bees; 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 Assemblymen Anderson, Manendo, Leslie, Parks, Freeman, Collins, Claborn, McClain, Koivisto, Ohrenschall and Carpenter:
Assembly Bill No. 482—AN ACT relating to actions concerning property; requiring a contractor to cure a defect in certain homes within a certain period after receiving notice of the defect; eliminating the limitation on the liability of a contractor for constructional defects under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Anderson, Manendo, Leslie, Parks, Freeman, Buckley, Carpenter, Ohrenschall, Brower, Gustavson, Koivisto, Angle, McClain, Nolan, de Braga, Hettrick and Goldwater:
Assembly Bill No. 483—AN ACT relating to public health; requiring certain persons charged with a criminal offense who may have transferred blood or other bodily fluids to a law enforcement officer, correctional officer or fireman to be tested for the human immunodeficiency virus; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Segerblom (by request):
Assembly Bill No. 484—AN ACT relating to housing authorities; extending their scope of activity beyond housing of persons of very low income; providing exemptions from and payments in lieu of taxes; and providing other matters properly relating thereto.
Assemblywoman Segerblom moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Koivisto, Anderson, Manendo, Mortenson, Parnell, Segerblom, McClain, Claborn, Freeman, Bache, de Braga, Parks, Chowning, Williams and Buckley:
Assembly Bill No. 485—AN ACT relating to bail; requiring a bail enforcement agent to notify a local law enforcement agency before taking certain actions against a defendant who is admitted to bail; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Goldwater, Lee, Perkins, Buckley, Neighbors, Berman, Gibbons, Marvel, Price, Ohrenschall, Anderson, Freeman, Parnell, Koivisto, McClain, Angle, Mortenson, Humke, Claborn, de Braga, Chowning, Bache, Evans, Leslie, Nolan, Giunchigliani, Arberry, Williams, Collins, Manendo, Parks, Beers, Carpenter, Segerblom, Thomas and Dini; Senators Rawson, O'Connell and Titus:
Assembly Bill No. 486—AN ACT relating to administrative procedure affecting small businesses; providing in skeleton form for a requirement that certain governmental entities consider the impact on small businesses of rules and regulations promulgated by the governmental entity; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assemblyman Bache moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:41 a.m.
ASSEMBLY IN SESSION
At 11:43 a.m.
Mr. Speaker presiding.
Quorum present.
By Assemblymen Gibbons, Segerblom, Marvel, Cegavske, Beers, Von Tobel and Manendo:
Assembly Bill No. 487—AN ACT relating to motor vehicles; providing in skeleton form that persons convicted of driving under the influence of intoxicating liquor or a controlled substance must display distinctive license plates on certain motor vehicles registered to them; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblywoman Gibbons (by request):
Assembly Bill No. 488—AN ACT relating to hunting; prohibiting a person who has received a refund for a hunting license from being denied bonus points for additional chances to obtain a hunting tag; 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.
By Assemblymen Gibbons, Segerblom, Goldwater, Marvel, Berman, Hettrick, Cegavske, Humke, Chowning, Beers, de Braga, Von Tobel, Collins, Carpenter, Mortenson and Leslie:
Assembly Bill No. 489—AN ACT relating to occupational safety and health; requiring the administrator of the division of industrial relations of the department of business and industry to establish a section for enforcement and a section for safety and health consultation, education, information and training within the division; requiring those sections to perform certain duties; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Hettrick, de Braga, Carpenter, Dini and Parnell:
Assembly Bill No. 490—AN ACT relating to navigable rivers; authorizing under certain circumstances a governmental entity or person to conduct channel clearance of rivers without a permit issued by the division of state lands of the state department of conservation and natural resources; expanding the related provision regarding immunity; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Freeman, Mortenson, Segerblom, Gibbons, Parnell, Thomas, Neighbors, Bache, Lee, Tiffany, Williams, Ohrenschall, Manendo, Koivisto, Arberry, Buckley, Goldwater, Nolan, Evans, Claborn, McClain, de Braga and Angle:
Assembly Bill No. 491—AN ACT relating to insurance; providing in skeleton form for the creation of an external review panel in the division of insurance of the department of business and industry to review denials of benefits or treatment under health care plans; providing in skeleton form a procedure for the appeal of such denials to the review panel; authorizing the division of insurance to establish a schedule of fees to pay for the cost of such appeals; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Humke (by request):
Assembly Bill No. 492—AN ACT relating to drivers’ training; providing in skeleton form for the creation of the board of drivers’ training and traffic safety; repealing related authority of the department of motor vehicles and safety; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Transportation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Humke moved that the vote whereby Assembly Bill No. 492 was referred to the Committee on Transportation be rescinded.
Motion carried.
Assemblyman Humke moved that Assembly Bill No. 492 be referred to the Committee on Commerce and Labor.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 152.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 182.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 204.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 11, 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. 20.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 20.
Assemblyman Neighbors moved the adoption of the resolution.
Remarks by Assemblymen Neighbors, Collins and Marvel.
Resolution adopted unanimously.
SECOND READING AND AMENDMENT
Assembly Bill No. 226.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 132.
Amend section 1, page 2, line 28, by deleting “approval.” and inserting:
“approval and expires by limitation on July 1, 2009.”.
Amend the title of the bill, first line, after “exempting” by inserting “temporarily”.
Amend the summary of the bill, first line, after “Exempts” by inserting “temporarily”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 314.
Bill read second time and ordered to third reading.
Assembly Bill No. 336.
Bill read second time and ordered to third reading.
Senate Bill No. 63.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 174.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 174:
Yeas—42.
Nays—None.
Assembly Bill No. 174 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 260.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Assembly Bill No. 260:
Yeas—41.
Nays—Gibbons.
Assembly Bill No. 260 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 268.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 146.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective upon passage and approval.”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Assembly Bill No. 350.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 350:
Yeas—42.
Nays—None.
Assembly Bill No. 350 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 19.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 19:
Yeas—42.
Nays—None.
Senate Bill No. 19 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Giunchigliani, Arberry, Williams, Parks, Collins, Manendo, Ohrenschall, Bache, Segerblom, Neighbors, Buckley, Perkins, Thomas, Gibbons and Anderson:
Assembly Bill No. 493—AN ACT relating to regional planning; providing in skeleton form for various changes to the process of regional planning in certain counties; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the
Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 262 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 262.
Bill read third time.
The following amendment was proposed by Assemblyman Carpenter:
Amendment No. 115.
Amend sec. 2, page 3, by deleting lines 12 through 16 and inserting:
“when a child is taken into custody, the officer shall [immediately] , without undue delay, attempt to notify the parent, guardian or custodian of the child, if known . [, and] The facility in which the child is detained shall:
(a) If notification by the officer was not accomplished, notify the parent,”.
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblyman Carpenter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 2, Senate Bill No. 18.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Judy Herman, Alex King and Barbara Waite.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Decker.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Lewis, Marlys Morton, Paula Ford, Sandy Soltz, Candace Young Richey, Thom Reilley, Mark Roberts, Janice Wright and Don Williams.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Christopher Slagle.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Mildred Raffeto, Norm Powell, Tod Jennings, Phil Hutchinson, Bob Crowder, Bill Balch, Tim Tatz and Darrel Dunkle.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Viola R. Garrison-Cota and David Q. Beamis.
Assemblyman Perkins moved that the Assembly adjourn until Friday, March 12, 1999 at 10:30 a.m., and that it do so in memory of Joe DiMaggio.
Motion carried.
Assembly adjourned at 12:20 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon