THE FORTY-THIRD DAY
Carson City (Monday), March 15, 1999
Assembly called to order at 11:17 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Price and Lee, who were excused.
Prayer by the Chaplain, Al Fry.
Eternal and Creator God, we pause at this time to acknowledge Your presence with us. You have created us uniquely and specially. Help us to stay more in touch with and live from our strengths than our weaknesses. As these men and women ponder the issues confronting the people of this state may they know that You are the source for their wisdom; that You give them the courage to stand on their convictions; that You give them the love to accept each others differences. 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.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 12, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 125, 126, 177; Senate Bills Nos. 215, 217, 238, 250, 278.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 17.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Freeman moved that Assembly Concurrent Resolution No. 12 be taken from the Resolution File and re-referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Gustavson, Gibbons, Beers, Nolan, Brower, Berman, Von Tobel, Claborn, Mortenson, Humke, Angle and Price; Senator Washington:
Assembly Joint Resolution No. 17—Proposing to amend the Constitution of the State of Nevada to limit the total amount of tax ad valorem on real property and to permit the retention of taxable value on real property until the ownership of the property is transferred.
Resolved by the Assembly and the Senate of the State of Nevada, Jointly, That section 1 of article 10 of the Constitution of the State of Nevada be amended, and that article 10 be amended by adding thereto a new section, designated section 6, to read respectively as follows:
2. Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
7. No inheritance tax shall ever be levied.
8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
9. No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the state.
Sec. 6. 1. The maximum amount of tax ad valorem that may be levied on real property is 1 percent of the taxable value of the property. This limit does not apply to taxes ad valorem levied to pay the interest and principal of any indebtedness incurred before this section became effective or approved thereafter by two-thirds of the votes cast by voters voting on the question in the taxing district to which it applies.
2. Except as otherwise provided in subsections 3 and 4, the taxable value of real property is 90 percent of the taxable value from which the assessed value for the fiscal year 1995-1996 was calculated but, if the property was not appraised or reappraised for that fiscal year, the taxable value determined by appraisal or reappraisal for a subsequent fiscal year may be appropriately adjusted to determine the taxable value as of the fiscal year 1995-1996.
3. If the ownership of real property is transferred to the extent of one-half or more of the total interest in the property, except a transfer to or between spouses, to or from a separate legal entity of which the transferor is the beneficial owner, or to a child or grandchild of the transferor, the taxable value of the property must be redetermined as of the date of transfer of the property. If new improvements to real property are constructed, except to replace existing improvements destroyed by natural disaster or other casualty, or existing improvements are materially enhanced, the taxable value of the property must be increased by the full cash value of the new improvement or enhancement. If real property is converted to another use, the taxable value of the property must be redetermined after the conversion by appraisal at its full cash value in accordance with the new use of the property.
4. The taxable value of real property must be increased from year to year by the lesser of:
(a) The percent of increase in the Consumer Price Index for All Urban Consumers compiled by the federal Bureau of Labor Statistics for the preceding calendar year, if that index increases; or
(b) Two percent.
The taxable value must be decreased from year to year by the percent of decrease in the Consumer Price Index for All Urban Consumers compiled by the federal Bureau of Labor Statistics for the preceding calendar year, if that index decreases. The legislature shall provide by law for another appropriate method of determining a percentage of increase or decrease in the average annual cost of living if the index specified in this section ceases to be compiled.
5. The legislature may provide by law the circumstances under which:
(a) An owner domiciled in this state who has attained the age of 62 years may replace his principal residence with another of comparable value and transfer to the new residence the taxable value of the old residence for the purpose of limiting the ad valorem tax on the property.
(b) A new improvement may be constructed, or an existing improvement enhanced, without change in the taxable value of real property if the construction or enhancement is appropriate to protect the safety of the occupants or improve accessibility to the disabled.
(c) An owner whose real property is taken by the exercise of eminent domain may replace that property with property of comparable value and transfer to the new property the taxable value of the old property for the purpose of limiting the ad valorem tax on the property.
6. No tax may be imposed on the sale or other transfer of real property which did not exist on the date this section becomes effective.
Assemblyman Gustavson moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Assemblyman Goldwater moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:38 a.m.
ASSEMBLY IN SESSION
At 11:39 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Gustavson moved that the vote whereby Assembly Joint Resolution No. 17 was referred to the Committee on Constitutional Amendments be rescinded.
Motion carried.
Assemblyman Gustavson moved that Assembly Joint Resolution No. 17 be referred to the Concurrent Committees on Taxation and Constitutional Amendments.
Motion carried.
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 18—Proposing to amend the Constitution of the State of Nevada to authorize the legislature to provide by law for staggered terms for district judges and to provide that a person who is appointed to fill a vacancy in an office for district judge or supreme court justice serves for the remainder of the unexpired term of his predecessor.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 5 of article 6 of the Constitution of the State of Nevada be amended to read as follows:
2. The Legislature shall provide by law for the arrangement of the terms of the District Judges so that an equal number of terms, as nearly as may be, expire every 2 years.
Assemblyman Anderson moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblymen Ohrenschall, Gibbons, Price, Williams and Manendo:
Assembly Concurrent Resolution No. 30—Amending the Joint Rules of the Senate and Assembly for the 70th legislative session to require final action and a recorded vote be taken on each legislative measure heard by a standing committee.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Legislature are amended by the following addition:
CONSIDERATION OF LEGISLATIVE MEASURES
HEARD BY COMMITTEES
Rule No. 14.9. Requirement of Recorded Vote on Final Action by Standing Committee.
Each standing committee of the Legislature shall take a final action upon each legislative measure which has been considered during a public hearing by the standing committee. The standing committee shall record the vote of each member of the standing committee on the final action taken on each legislative measure.
Assemblywoman Ohrenschall moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Ohrenschall, Manendo, Gibbons, Beers, Price, Collins, Parks, Williams, Giunchigliani, Arberry, Bache and Freeman; Senator Shaffer:
Assembly Concurrent Resolution No. 31—Directing the Legislative Commission to conduct an interim study of the feasibility and desirability of a statewide health insurance program for residents who are not otherwise able to secure health insurance.
Assemblywoman Ohrenschall moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Thomas, Goldwater, Carpenter, Segerblom, Gibbons, Berman, Neighbors, Lee, Buckley, Arberry, Giunchigliani, Williams, Parks, Collins, Manendo, de Braga, Ohrenschall, Price, Evans, Humke, Chowning, Mortenson, Claborn, Freeman, Anderson, Beers, Nolan, Leslie, Dini and Von Tobel:
Assembly Concurrent Resolution No. 32—Directing the Legislative Commission to conduct an interim study to develop a comprehensive state energy policy.
Assemblyman Thomas moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 522—AN ACT relating to gaming; revising the provisions governing the location of gaming establishments in residential neighborhoods; 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 Judiciary:
Assembly Bill No. 523—AN ACT relating to domestic violence; providing that a person who commits a battery upon a person to whom he is related by marriage or with whom he has had or is having a dating relationship may not be admitted to bail sooner than 12 hours after his arrest; establishing the amount at which bail must be set if such a person is subsequently admitted to bail in certain circumstances; revising the provisions governing orders for protection against domestic violence; providing that a juvenile who is taken into custody for committing a battery that constitutes domestic violence not be released for at least 12 hours; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the reading of sponsors of Assembly Bills and histories on Senate Bills upon Introduction and First Reading be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 524—AN ACT relating to trusts; expressly validating a trust for the care of an animal; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Evans, Arberry, Goldwater, Giunchigliani, Humke, Dini, Buckley, Segerblom, Nolan, Berman, Perkins, Lee, Claborn, Gibbons, Neighbors, Marvel, Bache, Chowning, Anderson, Freeman, Leslie, de Braga, Parnell, Collins, McClain, Manendo, Koivisto, Thomas, Parks and Ohrenschall:
Assembly Bill No. 525—AN ACT relating to state financial administration; creating the office of financial analysis and planning within the fiscal analysis division of the legislative counsel bureau; creating a task force for financial analysis and planning; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Concurrent Committees on Taxation and Ways and Means.
Motion carried.
By Assemblymen Parks, Gibbons, Segerblom, Mortenson, Koivisto, Giunchigliani, Bache, Thomas, Evans, Ohrenschall, Chowning, Collins, Manendo, Williams, Freeman, Claborn, Neighbors, Price and Berman:
Assembly Bill No. 526—AN ACT relating to taxation; increasing the mandatory tax on the rental of transient lodging; providing for the use of the additional revenue for artistic and cultural programs; creating the account for artistic and cultural programs; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Parks, Segerblom, Mortenson, Bache, Giunchigliani, Thomas, Buckley, Ohrenschall, Chowning, Collins, Manendo, Williams, McClain, Claborn, de Braga, Humke, Hettrick, Cegavske, Perkins, Lee, Neighbors, Berman, Gibbons, Marvel and Price:
Assembly Bill No. 527—AN ACT relating to the University and Community College System of Nevada; authorizing the financing of campus facilities required or desired by the master plans at the University of Nevada, Las Vegas, with revenue bonds issued pursuant to chapter 501, Statutes of Nevada 1991; increasing the maximum amount authorized for those bonds; increasing the time within which those bonds may be issued; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Neighbors and Dini; Senator McGinness:
Assembly Bill No. 528—AN ACT relating to local economic benefit; authorizing the creation of nonprofit regional development corporations by local governments in the area adjacent to the Nevada Test Site; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Neighbors, Bache, Giunchigliani, Williams, Lee, Chowning, Collins and Parks:
Assembly Bill No. 529—AN ACT relating to programs for public employees; providing in skeleton form for the revision of provisions relating to group insurance for employees of certain local governmental entities; creating a committee on local government insurance; establishing the duties of the committee; authorizing the committee on benefits to hire certain employees; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Neighbors, Carpenter and Dini; Senators McGinness and Jacobsen:
Assembly Bill No. 530—AN ACT relating to veteran affairs; broadening permissible locations to hold meetings of the Nevada veterans’ services commission; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 531—AN ACT relating to foster homes; clarifying and limiting the liability of certain persons who provide foster care for children in their care; limiting the criminal liability of such persons for the truancy of children in their care; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblywoman Parnell:
Assembly Bill No. 532—AN ACT relating to occupational diseases; revising the definition of a police officer to include certain personnel of the capitol police division of the department of motor vehicles and public safety for the purpose of qualifying for certain benefits for an occupational disease; and providing other matters properly relating thereto.
Assemblywoman Parnell moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Brower:
Assembly Bill No. 533—AN ACT relating to hospital districts; allowing hospital districts to contract for services provided by a hospital not operated by the district; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 534—AN ACT relating to wildlife; prohibiting the division of wildlife of the state department of conservation and natural resources from charging or collecting a fee for issuing a commercial license for the possession of live wildlife under certain circumstances; 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 the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 535—AN ACT relating to public safety; providing in skeleton form for the registration and regulation of facilities that produce and store explosives by the division of environmental protection of the state department of conservation and natural resources; requiring an assessment of risks through analysis of hazards to be conducted at a facility where highly hazardous substances are located when such a substance is newly introduced into the facility; abolishing the requirement that the division establish a schedule for such assessments; providing penalties; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 536—AN ACT relating to public safety; requiring a permit to construct a facility where highly hazardous substances are located; requiring a permit to construct, alter the construction of or modify certain procedures at a place of employment where explosives are located; providing penalties; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 537—AN ACT relating to county commissioners; authorizing additional redistricting of county commissioner election districts; 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. 538—AN ACT relating to land use; requiring a master plan, or any portion of a master plan, adopted by a local governing body to include a safety plan; requiring zoning regulations to comply with certain federal standards governing the location of facilities where certain hazardous substances are used, manufactured, processed, transferred or stored; 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. 539—AN ACT relating to the charter of Carson City; providing for a charter committee; increasing the salary of the mayor; revising the restriction on certain city officials engaging in any other business or occupation; making various other changes to the city charter; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywomen Leslie and Buckley:
Assembly Bill No. 540—AN ACT relating to gaming; providing a credit against certain gaming fees for certain gaming licensees who sponsor the construction of affordable housing for persons of low income; requiring the housing division of the department of business and industry and the gaming commission to adopt certain regulations; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 541—AN ACT relating to crimes; prohibiting certain acts relating to the sale, distribution, possession or use of laser pointers; providing penalties; 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 Judiciary:
Assembly Bill No. 542—AN ACT relating to motor vehicles; revising provisions concerning driving under the influence of intoxicating liquor or a controlled substance; providing penalties; 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 Judiciary:
Assembly Bill No. 543—AN ACT relating to firearms; providing that certain lawsuits against a manufacturer or dealer of firearms or ammunition or a trade association related to firearms or ammunition by a governmental entity may be brought only by the State of Nevada; 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 Judiciary:
Assembly Bill No. 544—AN ACT relating to domestic relations; requiring a court under certain circumstances to consider the best interest of a child when determining whether to grant permission to a parent to move the child out of this state; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 545—AN ACT relating to district courts; increasing the fees charged by a reporter of a district court; establishing fees for a reporter of a district court who provides an instantaneous translation of testimony into English and a diskette containing the translation; 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 Judiciary:
Assembly Bill No. 546—AN ACT relating to crimes; prohibiting a person from offering or providing remuneration to a common motor carrier for soliciting or recommending patronage for certain businesses; providing a penalty; 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 Judiciary:
Assembly Bill No. 547—AN ACT relating to statutory liens; providing that a lien acquired for the storage, maintenance or repair of a motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home that is the subject of a secured transaction pursuant to the laws of this state is a first lien in the priority of liens; 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 Judiciary:
Assembly Bill No. 548—AN ACT relating to judgments; providing an exemption from the enforcement of a judgment for certain property of elderly persons; 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 Judiciary:
Assembly Bill No. 549—AN ACT relating to tobacco; prohibiting a person from selling certain products that resemble products made from tobacco; prohibiting a person from selling cigarettes in packages that contain fewer than 20 cigarettes; revising the limitations on the public areas in which cigarette vending machines may be placed; providing that a minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 550—AN ACT relating to motor vehicles; revising the provisions relating to the fees for the registration of certain motor vehicles; imposing an additional tax on the special fuel used in the propulsion of certain motor vehicles on the highways of this state; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen de Braga, Anderson, Parks, Manendo and Carpenter:
Assembly Bill No. 551—AN ACT relating to health insurance; revising certain provisions regarding mandatory coverage for certain digestive disorders; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Cegavske; Senator O'Donnell:
Assembly Bill No. 552—AN ACT relating to motor vehicles; establishing provisional drivers’ licenses for persons between the ages of 16 and 18 years; making various changes concerning restricted licenses for pupils in schools, instruction permits and automobile driver education in public schools; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Parks:
Assembly Bill No. 553—AN ACT relating to transportation; providing in skeleton form for the distribution of the revenue from certain taxes to the regional transportation commission; requiring the creation of a regional transportation commission in certain counties; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 554—AN ACT relating to local government finance; requiring certain cities and counties to continue to levy and collect certain license taxes which are pledged for the payment of certain bonds and other obligations and to transmit those taxes to the county fair and recreation board; authorizing the pledge of certain license or other excise taxes to the payment of revenue bonds; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Manendo, Koivisto, Bache, Claborn, Mortenson, Goldwater, Neighbors, Leslie, Gibbons, Price, Freeman, Gustavson, Berman, McClain, Buckley, Carpenter, Ohrenschall, Nolan, Perkins, Williams, Chowning, Humke, Evans, Thomas, Segerblom, Collins, Parks, Giunchigliani, Arberry, Anderson, Lee, Brower, de Braga, Dini, Beers, Parnell, Angle, Tiffany, Von Tobel, Marvel, Hettrick and Cegavske; Senators Titus, Wiener, Rawson, Amodei, Care and Washington:
Assembly Bill No. 555—AN ACT relating to charitable annuities; excluding them from the categories of insurance and securities; requiring certain reports; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 556—AN ACT relating to taxation; providing in skeleton form for the establishment of a procedure to amend the certification of the population of political subdivisions of the state for the apportionment of proceeds from certain taxes; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Beers:
Assembly Bill No. 557—AN ACT relating to common-interest communities; providing a single definition of common elements for all common-interest communities; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assemblywoman Buckley moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:02 p.m.
ASSEMBLY IN SESSION
At 12:03 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Beers moved that the action whereby Assembly Bill No. 557 was referred to the Committee on Taxation be rescinded.
Motion carried.
Assemblyman Beers moved that Assembly Bill No. 557 be referred to the Concurrent Committees on Taxation and Commerce and Labor.
Motion carried.
Assemblyman Perkins moved that the Assembly recess until 4:45 p.m.
Motion carried.
Assembly in recess at 12:07 p.m.
ASSEMBLY IN SESSION
At 5:03 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker appointed Assemblymen Segerblom and Price as a committee to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Representative Shelley Berkley.
The President of the Senate and members of the Senate appeared before the bar of the Assembly.
Mr. Speaker invited the President of the Senate to the Speaker's rostrum.
Mr. Speaker invited the Members of the Senate to chairs in the Assembly.
IN JOINT SESSION
At 5:13 p.m.
President of the Senate presiding.
The Secretary of the Senate called the Senate roll.
All present except Senator Shaffer, who was excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblyman Lee, who was excused.
The President of the Senate appointed a Committee on Escort consisting of Senator Coffin and Assemblywoman Evans to wait upon Representative Berkley and escort her to the Assembly Chamber.
The Committee on Escort in company with The Honorable Shelley Berkley, United States Representative from Nevada, appeared before the bar of the Assembly.
The Committee on Escort escorted the Representative to the rostrum.
The Speaker welcomed Representative Berkley and invited her to deliver her message.
Shelley Berkley, United States Representative, delivered her message as follows:
Message To The Legislature Of Nevada
Seventieth Session, 1999
Thank you, very much, Mr. Speaker. Actually, I had planned to speak about a month ago. I called up to tell the Speaker what day I wished to speak and I got a call back telling me that I could not speak on that day because there was a pecking order. Since I am fourth in Nevada’s congressional delegation, I got to come and speak fourth. So, I am very mindful of the fact that everything that needs to be said has been said; just not by everyone that has to say it.
Mr. Speaker, members of the Assembly and Senate, colleagues, guests, and friends, thank you for giving me the opportunity to address you this afternoon. It is a pleasure for me to be with you today to share my vast experience as your representative in Washington—after nine weeks of serving.
When I called a number of you to ask what you would like me to speak about, the issues you suggested were quite diverse, but the one thing you all agreed on was to keep it short. The shorter the speech, the greater the acclaim. I love acclaim, so I promise to keep it short.
I represent an incredible congressional district; there is no other like it in congress. Nevada’s Congressional District 1 is the fastest-growing congressional district in the nation. Because of our phenomenal growth, I represent almost twice as many people as anyone else serving in Congress. Congressional District 1 has the fastest-growing school age population, the fastest-growing senior population, the fastest-growing veterans’ population in the United States. The demographics of my district determine what issues I concentrate on, what issues are important. The district has a strong economy. It is fueled in large part by one major industry. Our unemployment rate is below the national average of 3.8 percent. We have a service-oriented economy. Our population is booming because of an abundance of jobs. People move to southern Nevada for the same reason my parents moved to southern Nevada: they can obtain employment and support their families. Seniors are pouring into southern Nevada. The easy lifestyle, good climate and relatively low cost of living all converge to make Nevada an attractive place to retire. We have a large percentage of single and divorced working women who have children to raise and care for. We have the highest high school dropout rate in the country and our minority populations are increasing with every passing year.
With the fastest-growing school age population—and the highest dropout rate—education is a major priority. Building more schools and modernizing existing ones is critical. I support federal loan guarantees that would help pay the interest on school bonds issued by local school districts. I am co-sponsoring a bill that would provide $2 billion in federal loan guarantees to build and renovate schools in this country—$78 million has been earmarked for Nevada. With our remarkable school construction program, support for this legislation is critical.
The last Congress allocated resources to hire 30,000 of the 100,000 new teachers needed to lower class size in this country. Southern Nevada received resources to hire over 100 of these new teachers. The Clark County School District will be approximately 700 teachers short for the next school year, so I support allocating the resources needed to hire the additional 70,000 teachers nationwide. Over 200 of those will come to Nevada.
I am co-sponsoring legislation to expand opportunities for school children to participate in after school and summer school programs to give them additional learning time and keep them safe. If we are demanding increased accountability and higher performance standards we had better make sure that we give our schools and our teachers the additional tools to realize these necessary goals. Frequently, it is the very students who need the additional hours of learning after school and during the summer that can least afford to pay for it. If we are serious about ending promotion for the sake of promotion we should be preparing those students who need additional learning so that they can advance legitimately.
Congress just passed an Ed-Flex bill, giving more control of federal dollars to the local schools. I supported this legislation, but what I did before I voted on the bill was call Clark County Superintendent of Schools Brian Cram and brief him on the issues. It is important for me to reach out to those affected by legislation to find out what the impact of federal laws will be on those directly affected by it. I am never more proud of the State of Nevada than when I am discussing education issues with my colleagues in the House. We are the envy of the nation. Nevada is light years ahead of most states because of the vision and commitment of our governors, our legislators, and our citizens. Collectively, the people of Nevada have made education a priority. Congress is first discussing school construction and renovation, improved technology in the classroom, and smaller class size. Nevada addressed these issues a decade ago. We are the shining example my colleagues cite when discussing these essential education needs.
Congressional District 1 has the fastest-growing senior population in the United States, so senior issues are very important to me—issues like social security, medicare and long-term care tax credits. In years to come, we will have a great need for long-term care in this state; therefore, I support a tax credit for families who have long-term care needs.
In December, the President appointed me to the Social Security Commission. There are 50 members on this commission, one-half Republican, one-half Democrat, one-half from the Senate, and one-half from the House. I am one of four freshmen Democrats appointed to help solve our social security crisis.
The social security system is the single most successful social program in history. Its success is what is killing it. When the social security system was created, the average age of mortality in the country was 67, the retirement age was pegged at 65. There were 15 workers for every 1 retiree. Now, the age of mortality is 77, ten years higher, and there are only three workers for every one retiree. Our population is aging. By the year 2010, the first of the baby boomers, my generation, are going to be reaching retirement age. By the year 2032, the Social Security Trust Fund will be unable to meet its obligations. For the last several years, when this country was running huge budget deficits, our government was borrowing from the Social Security Trust Fund. Now that we are running budget surpluses, I believe we must pay back the money we have borrowed. I am supporting a proposal to dedicate 77 percent of our budget surpluses over the next 15 years estimated at over $4 trillion to protecting social security and medicare. This will have the additional benefit of paying down the national debt from 14 cents of every dollar to 2 cents on the dollar.
Congressional District 1 has the fastest-growing veterans’ population in the United States. The needs of our veterans are overwhelming. We have a beautiful new VA clinic, a new hospital, state of the art medical equipment, and a new cemetery. Let me tell you what we do not have—we don’t have enough doctors. There are incidences of veterans having to wait up to five months to get a prostate biopsy. We don’t have enough nurses, enough medical technicians, and counselors to help those veterans suffering from drug addiction, alcoholism, and homelessness. We don’t even have enough equipment and personnel to bury our dead veterans in the cemetery. The White House’s flat line budget was an insult to our veterans. I sit on the Veterans’ Affairs Committee. Last week I joined with some of my colleagues to call for a $3 billion increase in our veterans’ budget but was out voted by those supporting an increase of $1.9 billion. This will hardly make a dent in serving the needs of our southern Nevada vets. What I did was invite the secretary of the Veterans’ Administration to come to Nevada and listen to the concerns of our veterans. He will be joining me at a town hall meeting on April 7, 1999.
Congressional District 1 is a district comprised of working families, so issues that affect families are important to me. I am an original co-sponsor of the Patients’ Bill of Rights. I support a Patients’ Bill of Rights that contains a range of protections, including: access to specialists; access to emergency room services; access to a meaningful, independent and external appeals process; and the right to be compensated when a health plan’s decision harms the patient.
Strong, successful families are the backbone of this country and of our great state. In a country as prosperous as ours with the unprecedented economic expansion we enjoy, for us not to share that success with the working families that help make that extraordinary boom possible would be a disgrace, so I support increasing the minimum wage. I also favor strengthening families through tax credits for child care for individual families, for corporations who provide child care for their employees. I also support the elimination of the marriage tax penalty.
Women’s issues are very important to me. Again, the demographics of the district determine my priorities in Congress. We have an ever-increasing number of single women, heads of household who work and have children. I am one of 58 women serving in Congress. This session, we will work together to pass a pay equity bill. It is unconscionable to me that nine months before the new millennium we are still discussing the fact that women do not get equal pay for equal work.
Women’s health issues are important to me. Early detection and prevention can save thousands of lives each year, ease the pain of hundreds of thousands of older women and save billions of taxpayer dollars. During my campaign I highlighted osteoporosis. It can be prevented with education programs and it can be reversed with early detection. I am co-sponsoring a piece of legislation that I believe will help reverse the ravages of this disease.
As the population of southern Nevada grows, so must its infrastructure. I fought for a seat on the Transportation and Infrastructure Committee. With our phenomenal growth and our chronic need for additional transportation infrastructure in the Las Vegas Valley, the committee assignment was a gem. I sit on the Surface Transportation Subcommittee. All legislation for highways, roads, interstate highways, rail and monorail systems comes before this subcommittee. I also sit on the Oversight Subcommittee which allows me to monitor the funding earmarked for Nevada from last session’s TEA 21 legislation. Nevada’s nemesis, Congressman Frank Wolf of Virginia, has made noises that he wants to block the funding for the I-15 improvements between California and Las Vegas. Why? Because he claims the only reason anyone would drive that highway would be to come to Las Vegas to gamble. Well? I am in the ideal position to ensure that his meddling does not become a reality.
The Transportation Committee will be taking up the aviation bill this session. With 30 million visitors coming to southern Nevada every year, the continued enhancement of McCarran Airport is essential to our economic growth and well-being. I will insure southern Nevada gets the necessary legislative language to continue to prosper. My office is in constant contact with McCarran’s Aviation Director, Randy Walker, to guarantee that all parties are in the loop when it comes to this important legislation.
There are two issues that are unique to Nevadans—nuclear waste and gaming. I would like to discuss both of them with you now. Nuclear waste—let me talk about the good and the not so good. President Clinton and Vice President Gore have reiterated their position that the administration will veto any legislation that would locate the interim dump at the Nevada Test Site. Two weeks ago, Secretary of Energy, Bill Richardson testified before the Senate Energy Committee that the waste should be stored on site at the nuclear reactor until a permanent solution is developed for its disposal. Congressman Gephardt, the leader of the Democratic Party in the House, wrote a letter to me last week reiterating his opposition to locating the dump in Nevada and offering to support my efforts to derail the nuclear industry's attempts. These are two major victories for Nevada.
The not so good news. HR 45 is scheduled for hearing early next month. The Speaker of the House and the Chairman of the House Commerce Committee are the nuclear industry’s primary cheerleaders for shipping the 77,000 tons of waste across 43 states to the Nevada Test Site, hoping I am sure, that Yucca Mountain will be designated the nation’s permanent repository for nuclear waste. I have worked very closely with the freshman Democrats and the women in Congress to defeat this bill. But one-on-one conversations and “Dear Colleague” letters cannot compare to the nuclear industry’s relentless push for this legislation. I come home every weekend, and I cannot recall a time when a number of my colleagues were not on the plane with me as guests of the nuclear industry. They come to Las Vegas and after a great evening they are helicoptered out to Yucca Mountain. When Nevadans think of Yucca Mountain, we think of groundwater contamination, fault lines, and volcanic activity. I assure you that when this endless parade of pro nuclear congressmen fly over Yucca Mountain, they think of it as nothing more than a desolate donnicker where they can discard their waste. I cannot urge you strongly enough to allocate sufficient state money to immediately begin fighting this public relations battle. Nevada currently does nothing to persuade the men and women of the House and Senate that Nevada should not be the dumping ground for the nations failed nuclear waste policy.
Gaming—the National Gambling Impact Study Commission will complete its two-year-long study in June. Early word is that the commission’s report will not be targeting gaming in Nevada. However, we must be ever vigilant to keep the federal government from regulating or taxing the gaming industry. I am constantly educating my colleagues that gaming is an industry like any other. Gaming is to Nevada like cars are to Detroit, oranges are to Florida, and Boeing is to Washington. We are constantly battling with those on the far right who wish to abolish gaming. It is a fight, and it is serious because the economy of Nevada depends on tourist dollars and depends on the success of the gaming industry. The future economic growth of this state will be inhibited if the federal government interferes with the gaming and tourism industry. Gaming in Nevada is well regulated and taxed on the local and state levels; and that is where it should remain.
In my fight to protect casino workers from a tax on their meals at work, I recently held a town hall meeting where Congressman Charles Rangel of New York reiterated that he supports Nevada’s position on the meals tax issue. His support will go far in protecting casino employees from this intrusive tax.
I don’t have time to talk about Sheriff Keller’s need for state-of-the-art technology to help him fight crime or General Moorehead’s needs at Nellis Air Force Base for increases in the defense budget. I am working with both of them as well.
I know I have spoken far too long already, but please permit me to touch on two brief issues. One is the higher education budget of this state. There is a disparity in the funding between the southern Nevada campuses and the northern Nevada campuses. As a student at UNLV 30 years ago I knew it; as a member of the UNLV Alumni Association, I lobbied for equity; and as a regent I fought for it. The time has come—actually the time is long passed—for the regents and the legislature to work together to correct this serious discrepancy in funding. I would urge and welcome anyone to take the lead on this issue. If we succeed in correcting the disparity, there will be plenty of accolades to go around. If we fail to correct this inequity, I promise you there will be ample blame to go around. Quality education is not, and should not be, a partisan issue. Our childrens’ future depends on it, and the future of our state depends on our children.
Finally, I would be remiss if I did not say a few words about Richard Bryan and his decision to leave the U.S. Senate. When Dick called to inform me that he would not be running, my response was the same felt by many of you. I told him that as a Nevadan I was heartsick to hear it. He was and is a magnificent public servant, and the state of Nevada will be losing one of its finest. As his friend, I was very happy for him. I told him that I believed he was entitled to a life and that he had made, what I believe is, the right decision for him and his family. He has worked his hardest, done his best, and will retire at the top of his game. He can hold his head high, having earned the respect of his colleagues and his constituents. I applaud Senator Bryan—one of Nevada’s finest—and wish him God speed in his decision.
It is a great honor for me to represent southern Nevada in Congress. I am mindful of the responsibility that I have, to work on behalf of all the citizens of Nevada and especially Congressional District 1. I am mindful of the unique opportunity that I have to make a difference in the lives of millions of people across our great nation. I relish the idea of representing my home town in our nation’s capital and I endeavor to do my best every day to fulfill my obligation to my constituents. I want to thank you for allowing me the opportunity to speak with you and share this moment with you. I look forward to working with all of you for many years in the future on behalf of the people of Nevada. Thank you all very much.
Senator Carlton moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Berkley for her timely, able and constructive message.
Assemblywoman Koivisto seconded the motion.
Motion carried unanimously.
The Committee on Escort escorted the Representative to the bar of the Assembly.
Senator Porter moved that the Joint Session be dissolved.
Assemblyman Beers seconded the motion.
Motion carried.
Joint Session dissolved at 5:41 p.m.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 5:41 p.m.
ASSEMBLY IN SESSION
At 5:50 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Beers:
Assembly Bill No. 558—AN ACT relating to mortgage companies; requiring mortgage companies to disclose certain costs to buyers and sellers of real property; authorizing a seller to rescind contract in certain circumstances; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Manendo, Gustavson, Claborn, Angle, McClain, Koivisto, Leslie, Carpenter, Anderson, Segerblom, Chowning, Price, Mortenson, Williams, Gibbons, Parks, Berman, Lee, Freeman, Thomas, Ohrenschall and Evans:
Assembly Bill No. 559—AN ACT relating to driving under the influence of alcohol or a controlled substance; providing penalties for the operation of a vehicle or vessel by a person with 0.08 percent or more by weight of alcohol in his blood if the operation causes damage to the property of another or injury to another; revising the provisions governing when a court is required to order an evaluation to determine if a person is an abuser of alcohol or drugs; increasing the penalty for driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblymen Gustavson, Angle, Marvel, Gibbons, Hettrick, Berman, Neighbors, Cegavske, Humke, Mortenson, Carpenter, de Braga, Dini, Beers and Von Tobel:
Assembly Bill No. 560—AN ACT relating to state financial administration; authorizing the minting of gaming tokens of the State of Nevada; providing for the use of the gaming tokens in gaming establishments; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Angle, Nolan, Manendo, Carpenter, Gustavson, Tiffany, Freeman, Hettrick, Collins, Cegavske, Humke, Mortenson, Claborn and Brower; Senator Washington:
Assembly Bill No. 561—AN ACT relating to prisons; providing in skeleton form for the Director of the Department of Prisons to establish a pilot program for the management of offenders; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Thomas, Giunchigliani, Evans, Goldwater, Buckley, Chowning, de Braga, Mortenson, Claborn, McClain, Koivisto, Parnell, Freeman, Bache, Anderson, Manendo, Ohrenschall, Price, Neighbors, Carpenter, Berman, Segerblom, Beers, Nolan, Leslie and Gibbons:
Assembly Bill No. 562—AN ACT relating to taxation; providing a credit against the tax on personal property to an employer who provides child care for his employees; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Thomas, Giunchigliani, Evans, Goldwater, Buckley, Chowning, Mortenson, Koivisto, Claborn, Bache, Anderson, Manendo, Ohrenschall, Leslie, Parnell and Perkins:
Assembly Bill No. 563—AN ACT relating to land use planning; providing in skeleton form for the establishment of provisions to promote the interspersion of new residential and commercial development in certain established neighborhoods; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Thomas, Giunchigliani, Evans, de Braga, Goldwater, Buckley, Chowning, Mortenson, Claborn, McClain, Koivisto, Parnell, Freeman, Bache, Anderson, Collins, Manendo, Ohrenschall, Price, Neighbors, Berman, Lee, Carpenter, Segerblom, Beers, Leslie, Humke and Perkins:
Assembly Bill No. 564—AN ACT relating to programs for recycling; broadening the applicability of provisions regarding the availability of programs for recycling; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Thomas, Goldwater, Carpenter, Segerblom, Berman, Lee, Buckley, Perkins, Chowning, de Braga, Mortenson, Koivisto, Bache, Anderson, Beers, Giunchigliani, Evans, Claborn, Freeman, Collins, Manendo, Ohrenschall, Price, Nolan, Leslie, Neighbors and Parnell:
Assembly Bill No. 565—AN ACT relating to land use planning; providing in skeleton form for the establishment of provisions requiring the dedication of a certain proportion of common open space and common recreational space in certain residential subdivisions in certain counties; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Thomas, Giunchigliani, Evans, de Braga, Buckley, Chowning, Mortenson, Goldwater, Claborn, Anderson, Collins, Manendo, Ohrenschall, Price, Leslie, Carpenter and Parnell:
Assembly Bill No. 566—AN ACT relating to land use planning; providing in skeleton form for the establishment of provisions regarding traditional neighborhood developments; establishing incentives for the construction of traditional neighborhood developments; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Thomas, Parnell, Goldwater, Carpenter, Segerblom, Marvel, Gibbons, Buckley, Williams, Parks, Ohrenschall, Price, Berman, Collins, Manendo, Lee, Beers, Leslie, Evans, Chowning, de Braga, Mortenson, Neighbors, Claborn, McClain, Koivisto, Perkins, Freeman, Brower and Dini:
Assembly Bill No. 567—AN ACT relating to the business tax; providing an exemption for a business that provides a pass for public transit to its employees; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Thomas, Goldwater, Carpenter, Segerblom, Claborn, Mortenson, de Braga, Chowning, Giunchigliani, Evans, Buckley, Koivisto, Bache, Anderson, Manendo, Ohrenschall, Price, Leslie, Dini and Parnell:
Assembly Bill No. 568—AN ACT relating to the construction of schools; requiring local governments and public utilities to provide necessary services to new sites; providing for the recovery of those costs; and providing other matters properly relating thereto.
Assemblyman Thomas moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Williams and Giunchigliani:
Assembly Bill No. 569—AN ACT relating to zoning; providing in skeleton form for a requirement that a governing body obtain the express written consent of certain owners of land to certain amendments to zoning ordinances, regulations, classifications, restrictions or boundaries; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Chowning (by request):
Assembly Bill No. 570—AN ACT relating to peace officers; revising the provisions regarding the rights of a peace officer during an investigation of his alleged misconduct; repealing the requirement that a peace officer take a polygraphic examination under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Mortenson:
Assembly Bill No. 571— AN ACT relating to taxation of receipts from transient lodging; increasing the rate of tax in certain counties; providing for the use of the additional revenue; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Mortenson:
Assembly Bill No. 572— AN ACT relating to revenue from taxes on transient lodging; requiring its apportionment in certain counties between attracting visitors and developing recreational facilities for permanent residents; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Humke and Freeman:
Assembly Bill No. 573—AN ACT relating to personal care facilities; revising the provisions relating to the employment of certain persons in certain medical and related facilities; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Humke, de Braga, Ohrenschall, Hettrick, Lee and Segerblom:
Assembly Bill No. 574—AN ACT relating to water controls; requiring that an analysis of water performed as a condition precedent to the transfer of real property be performed by a certified laboratory; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Humke, Tiffany, Bache, Mortenson, Lee, Gibbons, Segerblom and Williams:
Assembly Bill No. 575—AN ACT relating to water; revising the provisions governing the issuance of credits to certain public water systems for the addition of new customers to the systems; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Education:
Assembly Bill No. 576—AN ACT relating to school personnel; removing the requirement that a superintendent of schools of a school district be licensed as a school administrator; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 577—AN ACT relating to controlled substances; revising the penalties for possessing marihuana; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Gibbons (by request):
Assembly Bill No. 578—AN ACT relating to traffic laws; increasing the penalty for driving while under the influence of intoxicating liquor or a controlled substance if the person convicted had certain previous convictions at the time of the offense; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Brower:
Assembly Bill No. 579—AN ACT relating to motor vehicles; making all prior offenses count in determining the penalty for subsequent offenses of driving under the influence of intoxicating liquor or a controlled substance regardless of when the prior offenses occurred; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Angle, Gustavson, Berman, Von Tobel and Gibbons; Senators O'Connell, O'Donnell, Rawson and Washington:
Assembly Bill No. 580—AN ACT relating to public health; requiring certain information to be provided to each woman considering an abortion; requiring the health division of the department of human resources to publish information concerning the significant risk factors linked to breast cancer; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Williams, Manendo, Collins, Von Tobel, Ohrenschall, Parks, Giunchigliani, Arberry, Carpenter, Segerblom, Price, Gibbons and Lee; Senators Amodei and Washington:
Assembly Bill No. 581—AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide a week without sales tax on school supplies; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Williams, Chowning, Ohrenschall, Collins, de Braga, Manendo, Parnell, Koivisto, Arberry, Price and Giunchigliani:
Assembly Bill No. 582—AN ACT making an appropriation to the Office of the Attorney General for a statewide training program by the Nevada Network for Domestic Violence; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 583—AN ACT relating to gaming; providing that play is void if gaming device malfunctions; revising the public policy of this state concerning gaming to recognize the value of the proper exercise of business judgment by licensees; 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 Taxation:
Assembly Bill No. 584—AN ACT relating to taxation; transferring the responsibility for the collection of taxes and fees imposed on certain fuels from the department of taxation to the department of motor vehicles and public safety; providing for the collection of the tax on certain types of motor vehicle fuel at the terminal rack by suppliers of those types of fuel; prohibiting exporters of certain types of motor vehicle fuel from selling or distributing those types of fuel in this state; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 215.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 217.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 238.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 250.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 278.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 213.
Bill read second time and ordered to third reading.
Assembly Bill No. 261.
Bill read second time and ordered to third reading.
Assembly Bill No. 269.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bills Nos. 227, 340, 353; Senate Bill No. 63 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 269 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 6:09 p.m.
ASSEMBLY IN SESSION
At 6:21 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Assembly Bill No. 585—AN ACT relating to insurance; requiring a managed care organization to enter into a contract with a provider of health care to provide a limited service or course of care to an insured under certain circumstances; requiring a managed care organization to allow certain persons to designate a specialist as their primary care physician; providing that a managed care organization is liable for damages for harm to an insured under certain circumstances; 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. 586—AN ACT relating to health care; providing in skeleton form for the establishment of certain requirements relating to medical facilities; requiring the state board of health to enact certain regulations; requiring a medical facility to report certain information to the board; prohibiting a medical facility from taking certain actions against an employee of the facility in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 108, 115, Assembly Concurrent Resolution No. 28; Senate Bill No. 19, Senate Concurrent Resolution No. 20.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Rachel Coyner and Alan Coyner.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Celia Hill and Steve Hill.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Lisa Anderson, April Baker, Amber Boyd, Amy Bradbury, Taylor Calderone, Christi Chabot, Katie Clark, Nancy Downey, Tiffanie Echler, Jamie Espinoza, MarJeanne Fields, Jennifer Gibbs, Cassie Gillespie, Chloe Goya, Amber Howard, Jessica E. Johnson, Elizabeth Bree Kasper, Jessica Keenan, Vivian Kvam, Nicole Larson, Miranda Mahe, Crystal Marcin, Kimberly McGuigan, Sheila Menke, Amanda Parman, Neesha Patel, Carol Peterson, Charyl Peterson, Michelle Politano, Barrie Rowe, Mona Shah, Andrea Styer, Katie Sulfrain, Ella Trujillo, Tawyna Webster, Elysia Wells, Amanda Wenzer, Ryann Wilson, Megan Zablah, Nicole Alexander, Alicia Barkus, Kodi Bessert, Valerie Ann Bevans, Meghan Boni, Holly Boyd, Sarah Bratcher, Jamie Bruttomesso, Carina Castillo, Felicia Chabot, Lynn Cowger-Upton, Meghan Dougherty, Katie Elverum, Sarah Gilbert, Mandy Gingrich, Jolena Gonzaliz, Justyne Hardwick, Rachel Hutsell, Tami Johnson, Emily Knox, Jazmin Loveridge, Tiffanie Madden, Catherine Mollart, Elyse Monroy, Bonnie Morgan, Elizabeth Neidert, Amanda Nolte, Emily K. Ortiz, Amanda Perez, Rachel Roach, Kaley Stout, Sarah Sullivan, Cheryl Tullgren, Breanne Valley, Siobhan Weekley, Acacia Welter, Lara Contreras, Crystal Castellanos, Marie Rodriquez, Emily Sealy, Kathryn Rogers and Rachel Coyner.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Judge Peter Breen, Matthew Archer, Kate Black, Charlie Bloomstrom Johnson, Nancy Burrows, Riann Brent, Eric Chamblee, Steven Collier, Maddie Connley, Jake Dunbar, Lindsay Ginter, Mesha Hamlet, Molly Kette, Chris Lugaski, Brad Nash, Ying Quan, Ricco Reghetti Erica Reid, Monica Ruiz, Eliana Shapiro, Alex Shaw, Parker Shonnard, Jason Stamatis, Thomas Swaner, Jarrod Volk, Elizabeth Ward, Baron Beaver, Kyle Breen, Jason Brown, Amanda Casey, Samantha Coonrad, Collin Davis, Gavin Deller, Travis Echevarria, Erin Graney, Jake Hess, Derek Jordan, Jessica King, Conner Klaich, Melissa Kreins, Stephen Lee, Colleen Mullins, Jacques Nolle, Michael Parker, Peter Phu, Katharine Stanley, Amanda Webster, Cody West and Michael Siebert.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, March 17, 1999, at 10:30 a.m.
Motion carried.
Assembly adjourned at 6:24 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon