THE FORTY-FIFTH DAY
Carson City (Wednesday), March 17, 1999
Assembly called to order at 10:43 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Al Fry.
Be generous in prosperity, be thankful in adversity. Be fair in judgment and guarded in your speech. Be a lamp unto those who walk in darkness and a home to a stranger. Be eyes to the blind and a guiding light unto the feet of the erring. Be a breath of life to the body of humankind, a dew to the soil of the human heart, and a fruit upon the tree of humility. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 203, 253, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 359, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bill No. 390; Senate Bill No. 96, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 324, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 270, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which was referred Assembly Bill No. 27, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 359 be re-referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Joint Resolution No. 19—Urging the Secretary of the Interior to comply with certain regulations regarding surface mining regulations.
Assemblyman de Braga moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Joint Resolution No. 20—Urging the United States Environmental Protection Agency to reconsider its recent regulatory expansion of the Toxics Release Inventory.
Assemblyman de Braga moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Joint Resolution No. 21—Urging the United States Environmental Protection Agency to reconsider certain proposed regulations for animal feeding operations.
Assemblyman de Braga moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:51 a.m.
ASSEMBLY IN SESSION
At 11:09 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Assembly Bill No. 587—AN ACT relating to state financial administration; authorizing a temporary advance from the state general fund to the Western Interstate Commission for Higher Education’s fund for student loans; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 588—AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to adopt regulations that establishes procedures for the awarding of contracts and the evaluation of proposals; requiring contracts for services that are provided by independent contractors to certain agencies and elected officers to be awarded in the same manner as contracts for services for state agencies are awarded; 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. 589—AN ACT relating to county officers; increasing the annual salaries of certain elected county officers; 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. 590—AN ACT relating to the City of North Las Vegas; revising the provisions of the North Las Vegas City Charter regarding the election of city councilmen; 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. 591—AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to assess fees for the use of the procurement and inventory services of the purchasing division; 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 Judiciary:
Assembly Bill No. 592—AN ACT relating to the judiciary; revising the formula for the calculation of the pensions of the justices of the supreme court and district court judges; and providing other matters properly relating thereto. Committee
Assemblyman Anderson moved that the bill be referred to the on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 593—AN ACT relating to gaming; providing that a gaming employee who works for his employer in more than one location is not required to obtain more than one work permit; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 594—AN ACT relating to the state fire marshal; clarifying the class of counties in which the state fire marshal may enforce certain laws and regulations and conduct certain investigations; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 595—AN ACT relating to state financial administration; authorizing the supreme court of Nevada to enter into a long-term lease for office space for the court in Clark County which extends beyond the 1999-2001 biennium; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 596—AN ACT making an appropriation to the City of Sparks for the remodeling and renovation of the Sparks Heritage Museum; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 597—AN ACT relating to governmental administration; providing in skeleton form for the revision of provisions governing the construction and financing of school facilities; creating a fund to assist school districts in financing capital improvements; revising provisions governing the review of plans for school facilities; increasing the tax on transient lodging and the real property transfer tax for the support of capital projects of school districts; revising provisions governing the issuance of bonds by the board of trustees of a school district without an election; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 598—AN ACT relating to public works; providing in skeleton form for the revision of provisions governing public works projects; requiring the state public works board to certify persons as experts in accessible design; requiring the submission of plans and specifications for public buildings and facilities to the state public works board to ensure compliance with certain federal requirements; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 599—AN ACT relating to counties; revising the composition of certain county fair and recreation boards; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 600—AN ACT relating to the legislature; providing for an allowance for legislators for the cost of certain communications; increasing the compensation for legislators; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 601—AN ACT relating to taxation; revising the provisions governing the appraisal of real property to include further grouping of parcels and an analysis of discounted cash flow; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 602—AN ACT relating to the taxation of the net proceeds of minerals; postponing the date and eliminating extensions for filing the annual statement of yield and proceeds; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 603—AN ACT relating to land use; requiring the operator of a facility where explosives or highly hazardous substances are used, manufactured, processed, transferred or stored to obtain a conditional use permit from the governing body of the city or county in which the facility is located for the operation of the facility; establishing the procedures for granting such a permit; 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. 604—AN ACT relating to roads; providing for the creation of districts for the maintenance of roads; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
general file and third reading
Assembly Bill No. 213.
Bill read third time.
Remarks by Assemblymen Williams, Humke, Koivisto and Evans.
Potential conflicts of interest declared by Assemblymen Humke, Koivisto and Evans.
Roll call on Assembly Bill No. 213:
Yeas—25.
Nays—Angle, Bache, Berman, Brower, Buckley, Carpenter, Cegavske, Collins, Dini, Evans, Gustavson, Hettrick, Humke, Leslie, Nolan, Perkins, Thomas—17.
Assembly Bill No. 213 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 227.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 227:
Yeas—42.
Nays—None.
Assembly Bill No. 227 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 261.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 261:
Yeas—41.
Nays—Gibbons.
Assembly Bill No. 261 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 340.
Bill read third time.
Remarks by Assemblymen Cegavske, de Braga and Freeman.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. Assembly Bill 340 repeals obsolete statutory provisions relating to married women. The bill repeals unnecessary provisions especially related to married women concerning the conveyance of real property, wills, disposition of property, execution of wills, and administration of estates. This measure is effective upon passage and approval. I appreciate your support.
Assemblyman de Braga:
Thank you, Mr. Speaker. I rise in support of AB 340. This bill seeks to bring state law into the twentieth century by removing the term “married women” from several areas of statute. At one time in our history it was a commonly held belief that women were incapable of taking care of, or thinking for themselves. Legally, they had the same civil rights as celery.
Sometime in the mid-1980s women began to assert themselves intellectually. This caused the legislature—either through guilt or bewilderment—to attempt to define under Nevada law the few circumstances under which married women might be capable of managing their own affairs. Though well intentioned at the time, these laws make no sense today. There is absolutely no reason to single out one class of people to apply the laws to. We owe a great debt of gratitude to our colleague from District 5 for bringing these inequities to our attention.
In addition to repealing the unnecessary language in sections 111.110, 111.245 and 133.030, we also object to the use of the demeaning suffix “trix.” This is in reference to people who execute or administrate, and also happen to be females. Theoretically, “trix,” as used in law, does mean female. We prefer the generic suffix “tor,” which does not mean anything and therefore will not offend anyone.
It has been said, Mr. Speaker, that women who seek to be equal with men lack ambition. That may be so, but we, and that means all the women of the 70th Session of the Nevada Legislature, are willing to settle for equality—this time. Thank you.
Assemblywoman Freeman:
Thank you, Mr. Speaker. I have a constituent who will be very happy to hear this bill. She sent me an e-mail the other day stating she and her husband belonged to a managed care corporation. She and her husband are real partners in their marriage: they both work, take care of the kids, etcetera. Recently, they received notice that the insurance company would be taking her name off the policy, leaving her husband’s on, because he would be the more responsible party. So, this sort of thing does still occur. I will call her this afternoon and tell her the bill passed. Thank you.
Roll call on Assembly Bill No. 340:
Yeas—42.
Nays—None.
Assembly Bill No. 340 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 353.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 353:
Yeas—42.
Nays—None.
Assembly Bill No. 353 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 63.
Bill read third time.
Remarks by Assemblymen Claborn, Humke and Anderson.
Roll call on Senate Bill No. 63:
Yeas—42.
Nays—None.
Senate Bill No. 63 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess for the purpose of hearing a musical rendition by Mr. Ron James on the bagpipes.
Assembly in recess at 11:39 a.m.
ASSEMBLY IN SESSION
At 11:57 a.m.
Mr. Speaker presiding.
Quorum present.
Mr. Speaker announced that if there were no objections, the Assembly would recess for the purpose of hearing a musical rendition by the West Point Glee Club, conducted by Lieutenant Colonel David Deitrick.
Assembly in recess at 11:58 a.m.
ASSEMBLY IN SESSION
At 12:24 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that the vote whereby Assembly Bill No. 603 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 603 be referred to the Committee on Commerce and Labor.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 125, 126, 177, Assembly Concurrent Resolution No. 17, Senate Bills Nos. 77, 87, Senate Concurrent Resolution No. 21.
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 Kelly Liston, Chris Case, Jennifer Carnahan, Novella Watson-Lee and Ken Beaton.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Darlene Rubin.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, March 18, 1999 at 11:00 a.m., and that it do so in memory of Danny Keogh.
Motion carried.
Assembly adjourned at 12:28 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon