THE FORTY-SIXTH DAY

                               

 

Carson City (Thursday), March 18, 1999

    Assembly called to order at 11:07 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblyman Arberry, who was excused.

    Prayer by the Chaplain, Al Fry.

    Come, let us go up to the mountains of the Lord, that we may walk the paths of the Most High.  And we shall beat our swords into plowshares, and our spears into pruning hooks.  Nation shall not lift up sword against nation, neither shall they learn war any more.  And none shall be afraid for the mouth of the Lord of Hosts has spoken.  Give us the wisdom to teach our children to love, to respect, and to be kind to each other, so that they may grow with peace of mind.  Let us learn to share all good things that You provide for us on the Earth.                  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 was referred Assembly Bill No. 215, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Barbara E. Buckley, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 12, 318, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 391, 410 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 Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 198, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Concurrent Resolution No. 24, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Marcia de Braga, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 17, 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. 93, 98; Senate Bills Nos. 202, 242, 268, 312.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 125, 232.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 11.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

    Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:17 a.m.

ASSEMBLY IN SESSION

    At 11:18 a.m.

    Madam Speaker pro Tempore presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen Marvel, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

    Assembly Concurrent Resolution No. 33—Memorializing former Assemblyman Louis W. Bergevin.

    Whereas, Nevadans were deeply grieved to learn of the death of Louis W. Bergevin on February 19, 1998; and

    Whereas, Lou Bergevin was born on June 22, 1922, in the old brick hospital on Main Street in Gardnerville and remained a life-long Douglas County resident; and

    Whereas, After attending Gardnerville Grammar School and Douglas County High School, Lou Bergevin studied mechanical engineering at the University of Nevada, Reno; and

    Whereas, Lou Bergevin served in the United States Army Air Force ordnance department for 6 years from 1941 to 1946 and was overseas for 3 1/2 years; and

    Whereas, During his esteemed career in public service, Lou Bergevin served as a member and past President of the Douglas County School Board, as a member of the Nevada State Board of Education for 11 years presiding as President from 1961 to 1970 and as a member of the Nevada Tax Commission from 1970 to 1974; and

    Whereas, Lou Bergevin received the Cattleman of the Year award in 1971 and was President of the Nevada Cattleman’s Association from 1978 to 1979; and

    Whereas, Lou Bergevin served for 14 years as an Assemblyman from 1979 to 1992, participating in seven regular and three special sessions; and

    Whereas, During his tenure as an Assemblyman, Lou Bergevin was a member of the Taxation Committee, Chairman of the Committee on Government Affairs in 1985, Chairman of the Legislative Commission in 1985 and 1986, served as Minority Floor Leader for the 1987 and 1989 legislative sessions and Minority Whip for the 1991 legislative session; and

    Whereas, While serving the State of Nevada as an Assemblyman, Lou Bergevin wrote and helped develop tax measures that protected veterans and senior citizens and urged the passage of a law that required residential construction taxes to be used in the neighborhoods where they were collected; and

    Whereas, After his years as an Assemblyman, Lou Bergevin and his wife, Luetta Dressler Bergevin, worked together managing the Fred Dressler Ranch, one of Nevada’s largest ranching operations owned by the Dressler family; and

    Whereas, Assemblyman Lou Bergevin is survived by his wife, Luetta, son, Lee Bergevin of Sparks, daughter, Jeanne Russell of Carson City, sister, Lillian, five grandchildren, three step-grandchildren and several nieces and nephews; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of Louis W. Bergevin; and be it further

    Resolved, That Lou Bergevin will long be remembered by his friends in the Nevada Legislature for his wisdom and leadership ability as he helped guide this legislative body through major changes in the Nevada tax system; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lou Bergevin’s beloved wife, Luetta, and to his children, Lee Bergevin and Jeanne Russell.

    Assemblyman Marvel moved the adoption of the resolution.

    Remarks by Assemblymen Marvel, Hettrick, Carpenter, Dini, Humke, Anderson, Bache, Brower, Price and Gibbons.

    Assemblyman Perkins requested that the following remarks be entered in the Journal.

    Assemblyman Marvel:

    Thank you, Mr. Speaker and members of this Assembly.  Today, we are here with a resolution where we will remember perhaps one of the greatest legislators that I have ever had the opportunity to work with.  Lou was a great leader, a very candid person, and I think, perhaps, he was a person who had no agenda for himself. 

    You can tell from the resolution that Lou was truly a public servant.  He did not worry about how popular he was and certainly did not win any popularity contests.  Lou was the kind of person, who, if he had something to say, said it.  I and Lou used to kid about him, because he was so candid, blunt, and straight to the point.  He would be happy to expound on a subject until finally you would say, “Lou, how do you really feel about this?”

    We truly miss Lou.  We are going to miss his counseling.  And I think you can tell what a great family he has raised.  I really appreciate the fact that I had an opportunity to know Lou and to serve with him.  As a matter of fact, we were both president of the Cattlemen’s Association and we served together on the Tax Commission.  We were also elected in the same year, in 1978.

    I wish to again express my condolences to the family.  Thank you.

    Assemblyman Hettrick:

    Thank you, Madam Speaker pro Tempore.  I, too, rise in support of this resolution.  I really didn’t know Lou very well.  He served before me and preceded me in this seat, but the one thing I learned about Lou very quickly—and I think the one thing everyone who knew him would agree on—was that if you could say one word that truly described him it would be “respect.”  Everyone I know that ever dealt with Lou Bergevin respected him.  They respected him for the candid way he expressed himself, the knowledge he had—he was an expert in taxation and tax issues—and for being a successful rancher and family man.  The list goes on and on.  Every single time I think of Lou Bergevin, I think of “respect.” 

    I want to let the family members know that this chair here beside me was for Mr. Ernaut.  All of you know him.  He served with Lou, served under him as the caucus director when Lou was in charge of it.  Pete wanted to be here very, very much, because he so respected Lou.  Unfortunately, he had a conflict today and couldn’t make it.

    Anyone who knew Lou Bergevin might not agree with him every time, he might have made you mad, but there was no doubt when it was all said and done, you had respect for him and he for you.  He wouldn’t hesitate to tell you where he stood. 

    I just think of the world “respect.”  He was a great guy and a great man who will be missed.  My condolences to the family.  I’m glad we are doing this to recognize Lou.

    Assemblyman Carpenter:

    Thank you, Madam Speaker pro Tempore.  I, too, rise in support of ACR 33.  I think that Lou was kind of my mentor here in the Assembly.  I had known him for many years as a leader of our livestock industry.  He was a great leader.  I will always remember that he stood up for rural Nevada and the livestock industry.

    When I came to the Assembly, because we had a bond before, he guided me through many rough waters.  I always respected him for that.  Lou was a power here.  If Lou Bergevin did not agree with it, you probably weren’t going to get it through the Assembly.  I learned that very early on.  What I remember about him the most was that he was a great gentleman and his word was absolutely his bond.  I, too, want to express my condolences to his family and thank them for letting Lou serve with us.

    Assemblyman Dini:

    Thank you, Madam Speaker pro Tempore.  I certainly rise in support of the resolution we have before us today.  I had the privilege of serving with Lou.  Those were mighty years that we were here in the 80s and 90s, trying to develop policies and work on matters.  He is most remembered, in my opinion, because of his efforts on taxation and water law.  You didn’t want to argue water one inch, because he would get you.  He knew the stuff backwards and forwards.  I think he was responsible for us being able to go through the 80s and 90s in a responsible manner on taxation because of his wisdom.  He gained that wisdom by serving with the Tax Commission, the State Board of Education, the school board.  He knew local government.  He knew the problems that we had throughout the state.

    He was a rancher and a businessman.  You have to go a long way to find a man of that character in our state.  He and I had a bond in the Masonic fraternity that was very strong.  We didn’t go to lodge together but he understood the principles that we’re based on and he lived his life based on those principles, every day.  He was a straight shooter.  I remember having problems when he was Minority Leader and I was Speaker.  We went to the office and talked it over and worked it out.  And that is the way we did business.  We did business with a handshake.  You didn’t have to have a letter of understanding or a memorandum and all the stuff you do nowadays—just a handshake and work it out.

    I want to relay my condolences again to the family.  I was very honored that they asked me to do his eulogy at his services.  I am honored to have served with Lou and to know the family.  We wish you all the best.  Thank you.

    Assemblyman Humke:

    Thank you, Madam Speaker pro Tempore.  I rise in support of ACR 33 as well.  My respects and condolences to his family members who I see present.  It is not difficult to find additional words to express.  I will just try to emphasize some of the words that have already been spoken.  When the Minority Leader said that Mr. Bergevin commanded respect, it was because of the nature of the person that he was.  He commanded respect through his substance and every fiber of his being. 

    I would like to elaborate on the remarks of the Speaker.  The substance of this man was just incredible.  It has been spoken to about his knowledge of taxation, education, agriculture—specifically the livestock industry—the government affairs process, and water issues.  All are broad, huge topics.  I will try to illustrate the extent of Lou’s knowledge for the newer members.  If you think of the 10 legislators around here with the greatest expertise in water, for example, and then you look around the process and find the 10 or 20 lobbyists with the greatest knowledge and expertise in water, and then you look around the executive branch of state government and the private sector and find the 10 best experts there, you would have Lou Bergevin.  That was the depth of his knowledge and expertise.

    It was difficult to match him in any of those subjects that others have named here.  I also need to say some words about the fact of his warmth, something that Mr. Ernaut referred to and has seen.  Certainly, Lou’s family members saw this.  You might go through a period of 10, 20 or 30 years before you might really get to know him.  He appeared to have a gruff exterior, and he would always tell you candidly what he thought of you, your ideas, your necktie, whatever.  Once we got to know him, though, he was a father to many of us.  That is the man I respect and do miss.  Thank you.

    Assemblyman Anderson:

    Thank you, Madam Speaker pro Tempore.  I would feel bad to sit idly by here and not have the opportunity to speak to the manner of man Lou Bergevin was, having had the opportunity to serve with him.  Always having heard the legend of Mr. Bergevin long before arriving here, my expectations were met and exceeded.  Most importantly, not unlike my colleague from Assembly District 33, the quality of the man rested in the number one concern—what is good for the people of the State of Nevada.  You knew when Lou spoke that that was what was going to be the final outcome—not what was good for me, but what was good for everybody.  So, recognizing that as the bottom line, he cared about kids, and anyone who cares about kids can’t be all bad.  Thank you, very much, Madam Speaker pro Tempore.

    Assemblyman Bache:

    Thank you, Madam Speaker pro Tempore.  I, too, rise in support of ACR 33.  Like my colleague from Sparks, I only had the 1991 session where I was able to serve with Mr. Bergevin.  It was a pleasure serving with him.  I learned a great deal from him in the Assembly Government Affairs Committee and enjoyed it quite often when, in Government Affairs, to the great consternation of the chairman at that time, he would engage in a three-cornered argument with former Assemblyman McGaughey and the late Bob Kerns.  It was always a pleasure listening to those debates and discussions on issues. 

    One of the things I remember most is that when Lou felt passionately about an issue, you knew it on the floor.  The one issue that stuck in my mind is one that still comes up occasionally.  He would address the issue of one-party consent wiretaps, something he was adamantly against because he had some personal experience with that.  I appreciated how he addressed those issues on the floor.  He will be missed.

    Assemblyman Brower:

    Thank you, Madam Speaker Pro Tempore.  I, too, rise in support of ACR 33.  I never met Lou Bergevin.  I simply rise to note that amongst all the great things and accomplishments listed in the resolution, is the fact that Mr. Bergevin was a veteran of World War II.  We are losing the men and women who served this country and this world during that great war, every day.  Fortunately, we are lucky to have a couple of them with us in this body.  Those men and women are my heroes, they always will be.  We must never forget the sacrifices they made for this country and the world at large.  I would simply urge this body to remember that fact of Mr. Bergevin’s life, along with all the other great things that have been mentioned today.  Thank you, Madam Speaker pro Tempore.

    Assemblyman Price:

    Thank you, Madam Speaker pro Tempore.  It is certainly my honor and pleasure to have been able to serve with Lou Bergevin during his 14 years here with us at the legislature.  Everything that has been said this morning was so true about Lou.  He was the ultimate in what we describe in our body as a “citizen’s legislator.”  He was a man whose heart was strong, and he always did the right things.  You could discuss and argue matters beyond separate sides.  That is what we are all about, and that is what Lou was about.  He always was there for the good of this state, the good of his industry, and the good of the people.

    I was fortunate that in the very first year that I began on the Taxation Committee, Lou and I started together.  That is where I got the education that I have today.  He was so extremely knowledgeable in all of those areas.  Like many Nevadans and folks from other areas, I was certainly saddened to lose Lou and felt for his family—who are joining us here today.  He was a fine Nevadan and a fine legislator.  His passing is a loss to our state, but it is to our gain, many times over, to have had Lou Bergevin serving in this body for those 14 years that he did.

    Assemblywoman Gibbons:

    Thank you, Madam Chair.  I rise in support of this resolution honoring a great man, Mr. Bergevin.  I served with Mr. Bergevin in 1991 for about three months; my husband served with him for several terms.  We had a great respect and admiration for him.  In 1991, when I was appointed to serve in Jim’s seat, during the war, I guess the Republicans were worried about me; they didn’t really know what I was going to do down here.  A bill would come up and Mr. Bergevin would give a thumbs up or down sign to me.  I have noticed that Mr. Marvel has taken over Mr. Bergevin’s old spot.  I don’t ask for help and I still get thumbs up or down signals.  That is what I will always remember about Mr. Bergevin.  He really was a great guy and made me laugh a lot, also.  Thank you.

    Assemblyman Dini:

    Thank you, Madam Speaker pro Tempore.  A couple of lighter issues come across my mind.  When we had a new Democratic governor, who was inaugurated here and gave the State of the State, I saw Lou walking out towards the Governor’s Mansion.  I won’t mention this governor’s name but he is in the United States Senate today.  Lou said, “I have to go over there and straighten this guy out.  This young whippersnapper doesn’t know a thing about taxes in this state.”  That is just a little bit on the light side. 

    If you remember last week, I brought the cowbell from home.  Lou used to make those in his shop.  If you were a friend of his, he would give you one of those.  That was the kind of friendship we had together.  If you noticed today, when you were called down to the floor, we were ringing the cowbell.  We will remember him for a long time around here.

    Resolution adopted unanimously.

    Assemblyman Marvel moved that all rules be suspended and that Assembly Concurrent Resolution No. 33 be immediately transmitted to the Senate.

    Motion carried unanimously.

    Madame Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:37 a.m.

ASSEMBLY IN SESSION

    At 11:40 a.m.

    Mr. Speaker presiding.

    Quorum present.

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Concurrent Resolution No. 34—Requesting the return to the Assembly from the Governor’s office of Assembly Bill No. 108 of this session.

    Assemblywoman Buckley moved the adoption of the resolution.

    Remarks by Assemblywoman Buckley.

    Resolution adopted.

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 34 be immediately transmitted to the Senate.

    Motion carried unanimously.

    Senate Concurrent Resolution No. 11.

    Assemblyman Perkins moved that the resolution be referred to the Committee on Health and Human Services.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Concurrent Resolution No. 21 be taken from the Resolution File and placed on the Chief Clerk's desk.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Government Affairs:

    Assembly Bill No. 605—AN ACT relating to public works; revising the duties of the manager of the state public works board; authorizing the manager of the board to charge fees for certain services; authorizing the manager of the board to delegate certain powers; clarifying that the board is the final authority to review certain plans and conduct certain inspections with regard to construction on certain buildings; 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. 606—AN ACT relating to local financial administration; establishing the severe financial emergency fund; authorizing the executive director of the department of taxation to loan money from the fund to a local government in severe financial emergency under certain circumstances; 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. 607—AN ACT relating to the state fire marshal; transferring certain duties of the state fire marshal to local fire protection authorities in certain circumstances; revising certain obsolete references; 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. 608—AN ACT relating to peace officers; expanding the applicability of certain provisions relating to relations between local governments and public employees to include certain additional peace officers; expanding applicability of certain provisions relating to occupational diseases to include certain additional peace 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 Commerce and Labor:

    Assembly Bill No. 609—AN ACT relating to the state board of architecture, interior design and residential design; providing for the annual renewal of a certificate of registration issued by the board to certain business organizations and associations; requiring the secretary of the board to keep an official register of such certificates; 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. 610—AN ACT relating to interior design; providing in skeleton form for the exemption of certain practices from regulation by the state board of architecture; 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 Elections, Procedures, and Ethics:

    Assembly Bill No. 611—AN ACT relating to ethics in government; revising the provisions governing the financial disclosure statements of certain public and judicial officers; and providing other matters properly relating thereto.

    Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Bill No. 612—AN ACT relating to administrative procedures; revising the provision regarding the procedure upon the refusal of a state agency to revise an administrative regulation objected to by the legislative commission; declaring that a certain regulation will not become effective; and providing other matters properly relating thereto.

    Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Bill No. 613—AN ACT relating to elections; clarifying when a registered voter may sign certain petitions; revising the prohibition against a person being a candidate if he makes certain changes in his political party affiliation; changing the date by which candidates of minor political parties and independent candidates must file their petitions of candidacy with the county clerks for verification; clarifying that an elector who has moved from one congressional district to another may vote on election day under certain circumstances; shortening the time within which a registered voter may file a written challenge to a person’s right to vote; changing the date of the primary city election for certain cities; making various revisions concerning campaign disclosure reports; revising provisions concerning county initiatives and referendums; specifying the time within which a public officer who is subject to recall may resign without a special election being conducted; specifying the time within which a person who has signed a petition to recall a public officer may request that his name be stricken; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Bill No. 614—AN ACT relating to elections; making various provisions for access to and use of polling places and absent ballots by voters who are disabled, elderly or unable to go to polling places; increasing the residency requirement for a candidate from 30 to 90 days in his district; requiring a candidate to be an actual, as opposed to constructive, resident of his claimed residence; creating a task force to review and recommend revisions and consolidations of the statutes of this state regarding elections; making various changes to election procedures; providing a penalty; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Bill No. 615—AN ACT relating to elections; authorizing certain special elections to be conducted by mail; revising provisions governing the recall of public officers; revising various provisions governing the circulation of petitions and verification of signatures on petitions; revising various deadlines and procedures relating to the filing and amendment of applications to register to vote, petitions, challenges, lists of candidates and reports of campaign contributions and expenditures; prohibiting the solicitation of certain contributions; revising certain provisions governing the testing of mechanical voting systems; providing a penalty; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 616—AN ACT relating to crimes against property; increasing the penalty for certain crimes involving an unauthorized, forged or counterfeit trade-mark or design; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 617—AN ACT relating to crimes; providing an affirmative defense under certain circumstances for a defendant who is charged with the crime of knowingly failing to provide child support or spousal support; making various changes concerning such a crime; 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. 618—AN ACT relating to writs of habeas corpus; authorizing certain persons to petition for a post-conviction writ of habeas corpus on behalf of a real party in interest 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 the Committee on Judiciary:

    Assembly Bill No. 619—AN ACT relating to prisons; clarifying the authority of the board of state prison commissioners to review the actions and decisions of the director of the department of prisons; clarifying the authority of the director to administer the department and to direct the work of employees of the department; authorizing the director to review and approve any other employment of employees of the department; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 125.

    Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 202.

    Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 232.

    Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 242.

    Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 268.

    Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 312.

    Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 18, 1999

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 34.

                                                                            -- Mary Jo Mongelli

                        Assistant Secretary of the Senate

SECOND READING AND AMENDMENT

    Assembly Bill No. 27.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 72.

    Amend section 1, page 1, by deleting lines 6 through 8 and inserting:

license plates for the support of the natural environment of the Mount Charleston area using any colors that the department deems appropriate.”.

    Amend section 1, page 1, by deleting lines 14 and 15 and inserting:

of license plates for the support of the natural environment of the Mount Charleston area, the department”.

    Amend section 1, page 2, by deleting lines 5 through 13 and inserting:

be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and”.

    Amend section 1, page 2, line 18, by deleting:

preservation and restoration of the”.

    Amend section 1, page 2, line 19, by deleting “Wilderness” and inserting “area”.

    Amend section 1, page 2, line 21, by deleting:

preservation and restoration of the”.

    Amend section 1, page 2, line 22, by deleting “Wilderness.” and inserting “area.”.

    Amend section 1, page 2, line 25, by deleting:

preservation and restoration of the”.

    Amend section 1, page 2, lines 26 and 27, by deleting:

Wilderness of the Toiyabe National Forest” and inserting “area”.

    Amend sec. 3, page 3, lines 36 and 37, by deleting:

preservation and restoration of the”.

    Amend sec. 3, page 3, line 38, by deleting:

Wilderness of the Toiyabe National Forest” and inserting “area”.

    Amend sec. 3, page 4, line 4, by deleting:

preservation and restoration of the”.

    Amend sec. 3, page 4, line 5, by deleting “Wilderness ” and inserting:

area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use,”.

    Amend sec. 3, page 4, line 7, after “agencies” by inserting:

and political subdivisions, including, without limitation, unincorporated towns,”.

    Amend the title of the bill by deleting the second and third lines and inserting:

“support of the natural environment of the Mount Charleston area; imposing a fee for”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Provides for issuance of special license plates for support of natural environment of Mount Charleston area. (BDR 43‑101)”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblymen Chowning, Von Tobel, Perkins, Bache, Anderson, Carpenter and Gibbons.

    Amendment adopted.

    The following amendment was proposed by Assemblyman Bache:

    Amendment No. 73.

    Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

    “Sec. 2.5.  NRS 482.265 is hereby amended to read as follows:

    482.265 1.  The department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

    2.  The director shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

    3.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

    (a) The fee to be received by the department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

    (b) The fee to be received by the department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

    (c) The department shall not design, prepare or issue a special license plate unless, within [4]2 years after the date on which the measure authorizing the issuance becomes effective, it receives at least [250]1,000 applications for the issuance of that plate.”.

    Amend sec. 4, page 4, line 10, by deleting “2003,” and inserting “2001,”.

    Amend sec. 4, page 4, line 11, by deleting “250” and inserting “1,000”.

    Amend the title of the bill, fourth line, after “plates;” by inserting:

“revising the conditions under which special license plates may be issued generally;”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblymen Bache, Collins, Chowning, Segerblom, Giunchigliani, Brower, Carpenter, Williams and Perkins.

    Assemblymen Perkins, Giunchigliani and Williams moved the previous question.

    Motion carried.

    The question being on the adoption of Amendment No. 73 to Assembly Bill No. 27.

    Amendment lost.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 203.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 253.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 270.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 390.

    Bill read second time and ordered to third reading.

    Senate Bill No. 96.

    Bill read second time and ordered to third reading.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 34.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Chuck Muth.

    On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Lori Drew, Frances Weber and Andrew Melo.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Alishahi, Stanley Bettencourt, Nicholas Brooks, Kaitlyn Burke, Caitlin Carrington, Cherie Eliot, Qhudsia Fatima, Kevin Fredericks, Cory Goble, Lydia Gutierrez, Travis Healy, Andrew Jayankura, Michael Laperia, Michael Linsoott, Ana Montoya, Tyler Price, Shelby Sato, Charles Thompson, Jonathan Vergara, Ryan Brown, Jeremy Bushard, Nichole Bushman, Weigia Chai, Heather Faanes, Shelby Henderson, Brett Holihan, Molly Johns, Alexander Kahl, Jessica Kahl, Mara Kanbergs, Tyson Lokke, Rachel Macks, Brittany Millard, Elizabeth Palmquist, Ricardo Paredes, Kevin Perez, Nicholas Phillips, Kaitlan Polkinhorn, Nusrath Rahman, Spencer Shea, Christopher Sinnett, Kristen Spencer, Ashlley Varralla, Ryan Walker, Trever Zaldain, Jessica Aguiar, Cory Barr, Cuyler Beatty, Brittani Youngker, Elisa Bohdan, Adam Chagnon, Jacob Claflin, Christine Coffman, Billy Cope, Sydney Corlett, Jessica Halman, Erika House, Justin Jeffers, Spencer Keck, Josh Kerr, Randall Krause, Megan Lee, Justin Marler, Megan Ortiz, Cameron Ortiz, Cameron Owens, Edgar Portigal, Bennett Priest, Don Ryan, Megan Tuttle, richard Van, Crystal Villareal, Kyle Walker, Terrence Williams, Mrs. Stamey, Mrs. Linde and Mrs. Williams.

    On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Colin Duncan.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Luetta Bergevin, Lee Bergevin, Jeanne Russell, Sharon Bergevin, Erin Bergevin, Greg Curry, Matt Russell and Todd Russell.

    Assemblyman Perkins moved that the Assembly adjourn until Friday, March 19, 1999, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 12:28 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly