THE FIFTIETH DAY
Carson City (Monday), March 22, 1999
Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Price, who was excused.
Prayer by the Chaplain, Father Jeff Paul.
O God, the fountain of all wisdom, whose will is good and gracious, and whose law is truth: We beseech You so to guide and bless our representatives in the Assembly of this state, that they may enact such laws as shall please You, to the glory of Your name and the welfare of Your people. In Your Holy Name we pray. 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 Constitutional Amendments, to which was referred Assembly Joint Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Harry Mortenson, Vice-Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 144, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 11, 371, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Senate Bill No. 255, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 19, 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. 23, 45, 68, 73, 83, 104, 105, 120; Senate Bills Nos. 46, 47, 281, 282.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills No. 22, Amendment No. 104, Assembly Bill No. 24, Amendment No. 105, Assembly Bill No. 55, Amendment No. 80, Assembly Bill No. 79, Amendment No. 124, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 36, 199.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Judiciary:
Assembly Concurrent Resolution No. 35—Directing the Legislative Commission to conduct an interim study concerning the evaluation of sex offenders by panels.
Assemblyman Manendo 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 Commerce and Labor:
Assembly Bill No. 632—AN ACT relating to professions; making various changes to provisions governing architects, registered interior designers and residential designers; providing that certificates of registration for such professions must be renewed annually; deleting certain obsolete provisions concerning the state board of architecture, interior design and residential design; increasing the civil penalty that may be imposed by the board; 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. 633—AN ACT relating to contractors; establishing a program for the issuance of a license in an expedited manner; establishing a fee; establishing an inactive status for a contractor’s license; authorizing the state contractors’ board to prescribe a fee; increasing the amount of certain fees that the board may charge; providing for notification to the board by a surety within a certain time after an action is commenced by or against the surety; providing for service of process and notice of certain actions; amending certain requirements for a hearing if the board summarily suspends the license of a contractor; 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. 634—AN ACT relating to contractors; providing in skeleton form for the establishment of a special investigations unit; expanding the grounds for disciplinary action against a contractor; authorizing a special investigator or the executive officer to issue written citations under certain circumstances; authorizing the state contractors’ board to impose administrative fines for violations of various provisions; providing a process for contesting the issuance of a written citation; amending various provisions concerning constructional fraud; requiring certain persons to submit fingerprints to the board; amending provisions governing advertising; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 635—AN ACT relating to insurance; providing for the regulation of captive insurers; establishing requirements for licensure in this state as a captive insurer; establishing minimum required amounts of capital and surplus that must be maintained by a captive insurer; providing for a premium tax; exempting licensed captive insurers from certain taxes; authorizing the commissioner of insurance to adopt regulations; prohibiting a captive insurer from transacting insurance without a license; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 636—AN ACT relating to contractors; establishing an account from which owners of a single-family residence who are damaged by the failure of residential contractors to perform qualified services adequately may recover certain costs; requiring a residential contractor to pay to the state contractors’ board a fee for the account upon the issuance or renewal of a license; revising provisions authorizing the board to take disciplinary action against licensees; 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 Government Affairs:
Assembly Bill No. 637—AN ACT relating to the charter of the City of Las Vegas; revising provisions governing the description of the territory of the City of Las Vegas; placing the city auditor under the direction and supervision of the city council; 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. 638—AN ACT relating to state financial administration; providing for the recording in the central accounting system of this state of certain revenue receivable by a state agency; providing criteria for the approval by the state controller of the availability of such revenue for payment from the state treasury; 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. 639—AN ACT relating to purchasing by local governments; increasing under certain circumstances the threshold for the size of a contract that is subject to the requirements concerning the advertisement of contracts and solicitation of bids; 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. 640—AN ACT relating to cities; prohibiting certain cities from annexing only a portion of an individual lot or parcel of land; 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. 641—AN ACT relating to land use planning; authorizing certain cities and counties to represent themselves with respect to certain matters involving the use of federal land; authorizing certain cities and counties to bring and intervene in actions with respect to certain activities of federal agencies and instrumentalities; 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. 642—AN ACT relating to cities; authorizing the establishment of special districts in incorporated cities to defray the cost of acquiring, improving, equipping, operating and maintaining certain projects within the district; providing for the levy of assessments within such a district to pay those costs; 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. 643—AN ACT relating to courts; revising the procedure for granting trials anew for certain matters that have been arbitrated; and providing other matters properly relating thereto. Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 644—AN ACT relating to obligations for the support of children; revising provisions concerning the notice to withhold income sent to the employer of a person alleged to be liable for child support; providing that all payments made pursuant to an order for the assignment of income for the payment of child support be made to the welfare division of the department of human resources or its designated representative for appropriate disbursement; repealing a provision that requires a recipient of a payment of child support to provide notice of his receipt of such payment to certain persons; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 645—AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 646—AN ACT relating to gaming; changing the deadline for collection of the annual excise tax on slot machines; clarifying a provision governing the issuance and expiration of a manufacturer’s, seller’s or distributor’s license; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 647—AN ACT relating to crimes; authorizing a person entitled to possession of property that has been stolen or embezzled and is in the custody of a law enforcement agency to claim such property; increasing the time within which a law enforcement agency must return property evidencing a crime to the person who is entitled to possession of the property; revising the provisions governing removal of property received in pledge by a pawnbroker; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 648—AN ACT relating to actions concerning persons; authorizing the attorney general to represent a justice of the peace or municipal judge under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 649—AN ACT relating to older persons; removing certain obsolete provisions concerning certain protective services for older persons; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 650—AN ACT relating to judicial process; authorizing the supreme court to establish rules governing the electronic filing, storage and reproduction of documents filed with various courts; providing a procedure for holding a person liable for failing to appear in court as provided in an electronic citation issued to the person; authorizing certain peace officers and other persons to issue certain electronic citations and to file such citations electronically with a court or traffic violations bureau; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 651—AN ACT relating to gaming; making various changes relating to the manufacture, sale and distribution of gaming devices and associated equipment and inter-casino linked systems; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 652—AN ACT relating to state financial administration; creating the trust fund for health programs; creating the Nevada scholarship trust fund; creating the legislative committee on expenditures relating to tobacco settlements; creating an advisory group to assist the committee; 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. 653—AN ACT relating to peace officers; requiring a peace officer to reimburse his state employer for the cost of training at a law enforcement training academy under certain circumstances; authorizing a state employer of a peace officer to recover the cost of training from the paycheck of an employee under certain circumstances; requiring the personnel commission of the department of personnel to adopt certain regulations; 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. 654—AN ACT making an appropriation to Clark County for the support of the Greater Las Vegas Inner-City Games; 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. 655—AN ACT relating to education; extending the prospective expiration of the advisory committee for the statewide automated system of information concerning pupils; revising provisions governing the payment of the expenses of the members of the advisory committee; making appropriations to the Department of Education for the statewide automated system of information concerning pupils; 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. 656—AN ACT making a supplemental appropriation to the Division of Insurance of the Department of Business and Industry for additional expenses relating to projected salaries, travel and operating costs; 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. 657—AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for additional operating expenses of the Nevada Highway Patrol Division; 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. 658—AN ACT making a supplemental appropriation to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety for additional anticipated expenses; 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. 659—AN ACT making an appropriation to the Office of the Governor for the support of statewide AmeriCorps programs; 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. 660—AN ACT relating to the office of the governor; removing the employees of the office of the governor from the classified and unclassified service of the state; requiring the governor to adopt certain rules and policies and determine the salaries and benefits of the employees of the office of the governor; 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. 661—AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for the payment of a stale claim for a health insurance premium; 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. 662—AN ACT making an appropriation to the Division of Agriculture of the Department of Business and Industry for an imported fire ant survey; 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. 663—AN ACT relating to state financial administration; revising the provision governing the reversion of the appropriation made during the 68th session of the Nevada Legislature to the Tricounty Railway Commission of Carson City; 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. 664—AN ACT relating to the state public works board; requiring the board to notify the governor if a member of the board fails to attend three successive meetings of the board; requiring the governor to replace such a member for the unexpired term of the member; requiring the board to appoint a chief financial officer for the board; prescribing his powers, duties and qualifications; requiring that at least two members of the board must have a comprehensive knowledge of the principles of administration and a working knowledge of the principles of engineering or architecture; abolishing the position of deputy for administrative, fiscal and constructional services; 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. 665—AN ACT relating to psychologists; authorizing a person to provide psychological services to an offender at an institution of the department of prisons pursuant to a contract entered into by his employer and the department of prisons without obtaining a license to practice psychology; 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. 666—AN ACT relating to pari-mutuel wagering; revising the prohibition against rebates and incentives under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 667—AN ACT relating to tobacco; requiring all manufacturers of tobacco products sold in this state to participate, directly or through escrow, in the settlement of certain liabilities made between certain manufacturers and this and other states; 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. 668—AN ACT relating to taxation; making various changes in the assessment of property for taxation; 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. 669—AN ACT relating to gaming; revising the provisions governing the imposition of the casino entertainment tax on certain service charges; 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 Judiciary:
Assembly Bill No. 670—AN ACT relating to courts; providing that the provisions governing the establishment of a department of family, youth and juvenile services apply to a county whose population is 100,000 or more; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 671—AN ACT relating to elections; providing in skeleton form for clarification that certain provisions governing elections apply to a voting district as well as a precinct; revising provisions prohibiting candidacy under certain circumstances; providing exceptions to the prohibition against creating or otherwise changing election precincts under certain circumstances; changing the period that unused ballots must be held by the county clerk; changing the information required for an application to register to vote; requiring a county clerk to assign a certain voter registration number to a registered voter; requiring certain petitioners to have a petition verified; changing the procedure for filing certain reports; 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 Constitutional Amendments:
Assembly Bill No. 672—AN ACT relating to public lands; providing a civil remedy and a criminal penalty for certain acts; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 673—AN ACT relating to service contracts; requiring a person who issues service contracts to obtain a certificate of registration from the commissioner of insurance; establishing the requirements for the contents of such contracts; prohibiting a person from requiring the purchase of a service contract as a condition for the approval of a loan or the purchasing of goods; 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. 674—AN ACT relating to commercial transactions; providing in skeleton form for the establishment of provisions regarding the use of digital signatures; authorizing the secretary of state to adopt regulations regarding digital signatures; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 675—AN ACT relating to hazardous materials; providing certain persons with immunity from liability for certain contaminated property; 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. 676—AN ACT relating to real property; revising the provisions relating to certain loans secured by liens on real property; revising the provisions relating to the licensing and the operation of certain mortgage companies and mortgage brokers; establishing licensing requirements for certain mortgage agents and requiring such agents to pay certain fees; prohibiting various acts by mortgage companies, mortgage brokers and mortgage agents; providing for administrative sanctions and criminal penalties; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 677—AN ACT relating to motor carriers; limiting the duty of the transportation services authority to impound vehicles that are in passenger service without a certificate of public convenience and necessity; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 678—AN ACT relating to the department of motor vehicles and public safety; authorizing the use of digital images on drivers’ licenses and identification cards; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 679—AN ACT relating to the department of motor vehicles and public safety; creating the motor vehicles branch and the public safety branch within the department; abolishing the registration division and drivers’ license division of the department and transferring their duties to the motor vehicles branch of the department; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 36.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 22, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 24.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 24.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted unanimously.
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 22—Proposing to amend the Constitution of the State of Nevada to create an intermediate appellate court.
Resolved by the assembly and senate of the State of Nevada, Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the Constitution of the State of Nevada be amended to read respectively as follows:
Sec. 3A. 1. The court of appeals consists of three judges or such greater number as the legislature may provide by law. If the number of judges is so increased, the supreme court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.
2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that at least one judge serves for an initial term of 2 years, at least one for 4 years and at least one for 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.
3. The chief justice of the supreme court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.
4. The supreme court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
2. In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate justices] a justice of the supreme court, [or any two of them,] the governor [is authorized and empowered to designate any] may designate a judge of the court of appeals or a district judge [or judges] to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the governor is entitled to receive his actual expense of travel and otherwise while sitting in the supreme court.
3. In case of the disability or disqualification of a judge of the court of appeals, for any cause, the governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts[,] and such other Courts[,] as the Legislature shall designate[, shall be] are Courts of Record.
[2. The] Except as otherwise
provided in subsection 2, the term of office of any justice or
judge so appointed expires on the first Monday of January following the [next] first
general election [.] that is held at least 12
calendar months after the date on which the appointment was made. At that
general election, a justice or judge must be elected to fill the remainder of
the term.
2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.
3. Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
Sec. 21. 1. A justice of the supreme court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;
(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The supreme court shall adopt a code of judicial conduct.
7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.
10. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
11. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
And be it further
Resolved, That section 3 of article 7 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House[,] which may[,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals and the Judges of the District Courts [shall] must be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of[, shall] must be served with a copy of the complaint against him[, and shall] and have an opportunity of being heard in person or by counsel in his defense ; [,] Provided, that no member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That section 8 of article 15 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court[,] and the Court of Appeals, as it may deem expedient; and all laws and judicial decisions [shall] must be free for publication by any person; Provided, that no judgment of the Supreme Court shall take effect and be operative until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.
Assemblyman Mortenson moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Assembly Bill No. 680—AN ACT relating to insurance; revising the fees for the issuance and renewal of a license for a surplus lines broker; requiring the commissioner of insurance to adopt regulations for the licensing of provider-sponsored organizations; clarifying the authority of the commissioner to impose a fine or penalty or initiate or continue a disciplinary proceeding against a person who has voluntarily surrendered his license or certificate of registration; revising the provisions governing the disclosure statement required for certain umbrella policies; requiring an applicant for a license as a general agent to file a bond; revising the requirements for the issuance of a certificate of registration as an administrator; 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 Health and Human Services:
Assembly Bill No. 681—AN ACT relating to health care facilities; requiring the investigation of the criminal histories of prospective operators and certain employees, independent contractors and volunteers of medical facilities and certain facilities for the dependent under certain circumstances; removing the prohibition against hiring or contracting with persons at certain health care facilities who have committed certain crimes; 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.
Senate Bill No. 46.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 47.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 199.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 281.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 282.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Assembly Bill No. 27 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 36—Directing the Legislative Commission to conduct an interim study of the availability of health care in the rural areas of this state.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Assemblywoman Freeman moved that the vote whereby Assembly Concurrent Resolution No. 36 was referred to the Committee on Health and Human Services be rescinded.
Motion carried.
Assemblywoman Freeman moved that Assembly Concurrent Resolution No. 36 be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 31.
Bill read second time and ordered to third reading.
Assembly Bill No. 183.
Bill read second time and ordered to third reading.
Assembly Bill No. 454.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 5 of the 69th Session.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Mortenson moved that Assembly Joint Resolution No. 5 of the 69th Session be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
By the Committee on Education:
Assembly Concurrent Resolution No. 37—Urging the University and Community College System of Nevada to increase efforts to develop course offerings, academic programs and student activities for students from all racial and ethnic backgrounds.
Assemblyman Williams moved that the resolution be referred to the Committee on Education.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 462, 464.
Bills read by number.
Roll call on Assembly Bills Nos. 462, 464:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bills Nos. 462, 464 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
general file and third reading
Assembly Bill No. 12.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 12:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bill No. 12 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 198.
Bill read third time.
Remarks by Assemblymen Carpenter, Buckley and Angle.
Conflict of interest declared by Assemblywoman Angle.
Roll call on Assembly Bill No. 198:
Yeas—37.
Nays—Buckley, Goldwater, Leslie—3.
Not Voting—Angle.
Excused—Price.
Assembly Bill No. 198 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 215.
Bill read third time.
Remarks by Assemblymen Humke, Chowning, Parks, Nolan and Carpenter.
Potential conflicts of interest declared by Assemblymen Chowning, Parks, Nolan and Carpenter.
Roll call on Assembly Bill No. 215:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bill No. 215 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 318.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 318:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bill No. 318 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 391.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 391:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bill No. 391 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 410.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 410:
Yeas—41.
Nays—None.
Excused—Price.
Assembly Bill No. 410 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
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 Steve Meadows.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Janice Edera Duminie.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Thompson and Gilda Haus.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Lana Buehrer.
On request of Assemblyman Claborn, the privilege of the floor of the Assembly Chamber for this day was extended to Richard S. Horne.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Anne Macomber.
On request of Speaker Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Pam Godchaux.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Cadets Nicholus A. Slagle, Jocelyn Pulido, Rachel Gray, Anahi Bagan, Lyndsee Cenarussa, Meahan Mansanti, Chelsea Mendiola, Sadie Haaglund, Bryan Snyder, Allen Mayo, Jake Johnson, Jason Peterson, Adam Stamey, Danyell Crandell, Tim Lockinger, Marla Mortensen, Kari Ramos, Neleesia Means, Alexis Martinez, Cassi Burhans, Gini Cunningham and Candace Gusky.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Lyon, Jane Lyon and Jennifer Lyon.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, March 23, 1999, at 12 m.
Motion carried.
Assembly adjourned at 12:49 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon