THE FIFTY-SECOND DAY
Carson City (Wednesday), March 24, 1999
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jeff Paul.
Almighty God, You have given us this good land as our heritage: Grant that we may always prove ourselves mindful of Your favor. Bless our state with honorable industry, sound learning, and upright manners. Endue with the spirit of wisdom those to whom we entrust the authority of government, that there may be justice and peace for the common good. Surround with Your love and mercy those who suffer from HIV/AIDS and AIDS-related conditions. In Your 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 Elections, Procedures, and Ethics, to which was referred Senate Concurrent Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 165, 229, 363, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 374, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Parks, 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, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 39—Designating March 24, 1999, as HIV/AIDS Awareness Day in the State of Nevada.
Whereas, The residents of the State of Nevada are its most precious resource, and all Nevadans are an integral part of the communities of this state and make a valuable contribution to society as a whole; and
Whereas, Nevada ranks 17th in the nation in reported cases of acquired immune deficiency syndrome (AIDS); and
Whereas, Young persons under the age of 25 years represent one-half of all new infections from exposure to the human immunodeficiency virus (HIV) in the United States; and
Whereas, The future of this state lies in its young residents, and the benefit of having young Nevadans continue in the work force with additional years of earning potential and other sociological contributions is incalculable; and
Whereas, Among persons between the ages of 25 and 44 years, HIV/AIDS is the second leading cause of death; and
Whereas, In 1997, there were 8,086 children under the age of 13 years infected; and
Whereas, Women now account for 16 percent of all cases of AIDS; and
Whereas, Female adolescents and young women under the age of 25 years are at an even higher risk for HIV infection; and
Whereas, At the end of 1997, Nevada had the highest incidence of AIDS in the western states for both men and women, even higher than the rate of incidence in California; and
Whereas, In 1997 and 1998, deaths in Nevada attributed to AIDS declined primarily because of the heroic efforts of scientists, health care professionals and persons living with HIV/AIDS; and
Whereas, Patients respond best to therapy early in the course of their HIV infection when they are still healthy and able to work; and
Whereas, Research related to AIDS has resulted in new treatments that are prolonging the lives of many Nevadans living with the disease, and although the cost of such drug therapy is high, these dollars are more than compensated for by shorter hospital stays and decreased outpatient care costs; and
Whereas, The AIDS epidemic is far from over, with new infections in Nevada every year, and in the absence of a cure or vaccine, education is the only defense against this disease; and
Whereas, The observance of HIV/AIDS Awareness Day is an opportunity to enhance tolerance, increase compassion and promote understanding of persons infected with HIV/AIDS while communicating information about the prevention of this epidemic; 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 do hereby designate March 24, 1999, as HIV/AIDS Awareness Day in the State of Nevada; and be it further
Resolved, That the Nevada Legislature recognizes the debilitating effects of HIV/AIDS on the residents of Nevada and their families and supports the efforts of those local, state and community-based agencies that are endeavoring to reduce the occurrences of HIV/AIDS among Nevadans.
Assemblyman Parks moved the adoption of the resolution.
Remarks by Assemblymen Parks, Evans, Goldwater, Cegavske, Giunchigliani and Chowning.
Mr. Speaker announced that if there were no objections, the Assembly would recess for the purpose of hearing an address by Michael Dowling.
Assembly in recess at 11:29 a.m.
ASSEMBLY IN SESSION
At 11:31 a.m.
Mr. Speaker presiding.
Quorum present.
Remarks from the floor
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I stand in support of ACR 39. I have two young men with me here today. If you remember, last session, for those of you who were here, Michael Dowling wrote me a letter and asked me to read it on the floor. This year Michael asked if he could come and read his own letter. I’ve know Michael for several years, as well as his mother and sister. I think Michael can say it all without me adding any more. Next to him is his good friend Tyree Kelly. He wanted me to let you know that his mother and sister have HIV/AIDS and he almost lost his mom—he wanted you to be aware of that. My son, who is now 18 years old, did a report in fourth grade on AIDS and Ryan White. He asked me today to remember Ryan.
Michael Dowling:
Mr. Speaker and members of the Nevada State Legislature:
My name is Michael Dowling and I was born in Las Vegas. I was born HIV positive. My mom was told that I’d probably die by the time I was three years old. I am now 11 years old and I’m living with AIDS.
I go to the National Institute of Health. The doctors and nurses there are the people that have kept me alive. If not for them I would be dead. I go back there every two months. I am on a med called IL2. IL2 has done a lot for me. I get two shots a day for a week.
I plan to grow up and be a doctor. I do not plan to be disabled and live off of welfare and have Medicaid pay my doctor’s bills.
People living with AIDS need good jobs and insurance to pay their medical bills. The State of Nevada needs to help us reach our goals.
MOTIONS, RESOLUTIONS AND NOTICES
Resolution adopted unanimously.
Assemblyman Parks moved that all rules be suspended and that Assembly Concurrent Resolution No. 39 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Anderson moved that Assembly Bill No. 31 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 183 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 26.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 171.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 3, page 2, line 6, by deleting “All” and inserting:
“[All] Except as otherwise provided in subsection 3,”.
Amend sec. 3, page 2, between lines 14 and 15, by inserting:
“3. Money received by a county treasurer pursuant to this section for the school district in the county must be deposited, at the direction of the school district, in:
(a) The fund for the construction of capital projects established by the school district pursuant to NRS 354.6113;
(b) The fund to stabilize the operation of the local government established by the school district pursuant to NRS 354.6115;
(c) The fund for capital projects established by the school district pursuant to NRS 387.328; or
(d) Any combination of the funds specified in paragraphs (a), (b) and (c).”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 26 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 41.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 86.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, before determining whether to issue an order, commence a civil action, seek injunctive relief or request the attorney general to institute a criminal prosecution pursuant to the provisions of NRS 445A.675, 445A.680, 445A.690 or 445A.695, the director shall, if possible, conduct an independent investigation of the alleged act or practice for which he is making the determination.
2. The director is not required to conduct an independent investigation pursuant to the provisions of subsection 1 if:
(a) His determination to take any action specified in that subsection is based upon information that is provided to him by the holder of a permit pursuant to the provisions of NRS 445A.300 to 445A.730; or
(b) The alleged act or practice:
(1) Occurs on land that is managed or controlled by the United States Department of Defense or Department of Energy; or
(2) Creates an imminent and substantial danger to the public health or the environment.”.
Amend the title of the bill to read as follows:
“AN ACT relating to water pollution; requiring the director of the state department of conservation and natural resources to conduct an independent investigation before making certain determinations concerning the control of water pollution under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires director of state department of conservation and natural resources to conduct independent investigation before making certain determinations concerning control of water pollution under certain circumstances. (BDR 40‑725)”.
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblyman Carpenter.
Amendment adopted.
Assemblyman Carpenter moved that Assembly Bill No. 41 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 175.
Bill read second time and ordered to third reading.
Assembly Bill No. 234.
Bill read second time and ordered to third reading.
Assembly Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 173.
Amend section 1, page 1, line 4, after “information” by inserting:
“, if available,”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 305.
Bill read second time and ordered to third reading.
Assembly Bill No. 309.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 172.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 3 through 10 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1390, is hereby amended to read as follows:
Sec. 1.080 Mayor and councilmen not to hold other office[.]or employment.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Washoe County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be [elected or] appointed to any office or positioncreated by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person [holding any office proscribed by]who violates the provisions ofsubsection 1 shall automatically forfeit his office.”.
Amend the title of the bill, second line, after the semicolon by inserting:
“revising provisions prohibiting certain officers from holding certain other offices or employment;”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 322.
Bill read second time and ordered to third reading.
Assembly Bill No. 408.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 214.
Amend section 1, page 2, lines 3 and 4, by deleting:
“[any purpose]just cause” and inserting:
“any [purpose] use”.
Amend the title of the bill by deleting the second and third lines and inserting:
“permits for the appropriation of water; revising provisions that authorize the state engineer to deny applications for the appropriation of water under certain circumstances; and providing other matters properly relating thereto.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 158.
Bill read second time and ordered to third reading.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 24, 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. 25.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 25.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblymen Perkins, Evans, Gibbons and Humke.
Resolution adopted unanimously.
general file and third reading
Assembly Bill No. 11.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 11:
Yeas—31.
Nays—Angle, Beers, Brower, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—11.
Assembly Bill No. 11 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 144.
Bill read third time.
Remarks by Assemblywomen Parnell and Cegavske.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Parnell:
Thank you, Mr. Speaker. Assembly Bill 144 changes the requirements for patriotic exercises in public schools. The bill amends NRS 389.040 to require each public school in the state to set aside time at the beginning of each school day for pupils to pledge allegiance to the Flag of the United States. Schools may also set aside appropriate time for additional patriotic exercises.
The bill provides Nevada’s school children the same opportunity that we, as legislators, enjoy every day. We walk into this grand chamber and take time to show respect for our Flag and all that it symbolizes. We do this, not as Democrats or Republicans, not as conservatives or liberals, not as men or women, but simply as Americans. Please join me in support of Assembly Bill 144. Thank you, Mr. Speaker.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I stand in support of AB 144. I have handed out a reading from the late comedian, Red Skelton. I will not read it in its entirety because it would take too long—I will only read the last paragraph. “Since I was a small boy, two states have been added to our country and two words have been added to the Pledge of the Allegiance: “under God.” Wouldn’t it be a pity if someone said that this is a prayer and that it should be eliminated from schools, too.” Please take the time to read this. I think it is a very moving reading and I feel that it illustrates the importance of the Pledge of Allegiance.
This was recorded by Red Skelton through Tropicana Topics and was published in his honor and memory. July 18, 1913—Sept. 17, 1997.
I me, and individual, a committee of one
PLEDGE dedicate all of my worldly good to give without self pity
ALLEGIANCE my love and devotion
TO THE FLAG or standard, Old Glory, a symbol of freedom, wherever she waves there’s respect because your loyalty has given her the dignity that shouts freedom is everybody’s job
OF THE UNITED that means we have all come together
STATES OF individual communities that have
AMERICA united into 48 great states—48 individual communities with pride and dignity and purpose, all divided with imaginary boundaries yet united to a common purpose—and that’s love for country.
AND TO Republic—a state in which sovereign
THE REPUBLIC power is invested in representatives chosen by the people to govern, and government is the people, and it’s from the people to the leaders, not from the leaders to the people.
FOR WHICH One nation meaning so blessed by God
IT STANDS
ONE NATION Incapable of being divided
INDIVISIBLE
WITH LIBERTY Which is freedom, the right of power to live one’s own life without threats, fear, or some sort of retaliation
AND JUSTICE The principles or qualities of dealing fairly with others
FOR ALL For all, which means boys and girls, it’s as much your country as mine
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, indivisible, with liberty and justice for all.
Roll call on Assembly Bill No. 144:
Yeas—42.
Nays—None.
Assembly Bill No. 144 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 11.
Resolution read third time.
Remarks by Assemblymen Bache, Carpenter, Segerblom and Price.
Roll call on Assembly Joint Resolution No. 11:
Yeas—16.
Nays—Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, de Braga, Dini, Evans, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Leslie, Marvel, Nolan, Parks, Parnell, Segerblom, Thomas, Tiffany—26.
Assembly Joint Resolution No. 11 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Senate Bill No. 255.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 255:
Yeas—37.
Nays—Angle, Evans, Gibbons, Gustavson, Humke—5.
Senate Bill No. 255 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 255 was this day passed.
Consideration of Senate Amendments
Assembly Bill No. 22.
The following Senate amendment was read:
Amendment No. 104.
Amend section 1, page 1, by deleting lines 4 through 9 and inserting:
“was imprisoned in the state prison or a county or city jail or detention facility is awarded a judgment against:
(a) The State of Nevada, a county or a city;
(b) A department, commission, board or other agency of the State of Nevada, a county or a city; or
(c) A current or former officer, employee or contractor of the State of Nevada, a county or a city,
arising from a civil action that accrued while the person was imprisoned in the state prison or county or city jail or detention facility, the person or governmental entity that”.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“was imprisoned in the state prison or a county or city jail or detention facility in a civil action brought against the State of Nevada, a county or a city; requiring a prisoner who has filed an”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 22.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 24.
The following Senate amendment was read:
Amendment No. 105.
Amend section 1, page 1, by deleting line 3 and inserting:
“1. A court in this state may enter into contracts with issuers of ”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 24.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 55.
The following Senate amendment was read:
Amendment No. 80.
Amend sec. 2, page 2, by deleting lines 4 through 8 and inserting:
“that has been burned in whole or in part to remove insulation unless, at the time that the metallic wire is purchased or otherwise received, the junk dealer obtains:
(a) Written evidence identifying the person who delivered the metallic wire; and
(b) A statement signed by the person who delivered the metallic wire in which the person attests that the metallic wire was lawfully acquired and burned.
2. A junk dealer shall retain the written evidence and the statement obtained pursuant”.
Amend sec. 3, page 2, by deleting lines 21 through 23 and inserting:
“(b) A description of the written evidence obtained by the junk dealer pursuant to section 2 of this act identifying the person who delivered the metallic wire.”.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“information before purchasing or receiving certain metallic wire from another person; requiring junk dealers to retain such information for a certain period;”.
Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 55.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 79.
The following Senate amendment was read:
Amendment No. 124.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. The amendatory provisions of this act must not be construed to prohibit a person who was discharged from parole before the effective date of this act from having his civil rights restored.”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 79.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 23, 45, 68, 73, 83, 104, 105, 120; Senate Bill No. 96.
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 Natalie Silva.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Gloria Jackson.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Vaughn Taylor.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Dowling and Tyree Kelley.
On request of Assemblyman Claborn, the privilege of the floor of the Assembly Chamber for this day was extended to Robin Rolfe.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Vincent Frey.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Vicencio, James Mortensen and Brandon Dini.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Ben Felix, Paul Brown and Candice Nichols.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Reynolds.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Joanne Cain. Holly Ann Torres, Marissa Rose Torres and Tyler David Torres.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Solomon, Gardner Jolley and Randy Bulloch.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Elizabeth Hernandez and Bree Carlson.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Ann Johnson.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Carrasquillo.
On request of Assemblyman Thomas, the privilege of the floor of the Assembly Chamber for this day was extended to Rodolfo Rivas.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to A. Marc Apple, Debra Berger, Michael Dilay, Andrea Ellingwood, Jacobi Fields, Nichole Green, Brittany Kirby, Erick Lopez, Sarah Lundrigan, Annette Magnus, Jorge Martinez, Jodi Maxwell, Maghan Ryan, Toni Salde, Joshua Schein, Susan Statler, Tiffany Stoner, Andrea Strasser, Tina Wilson, Melissa Zobris, Pamela Benjamin, Pamela Hawkins, Kari Butchko and Nelia del Fin.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Collins.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, March 25, 1999, at 4:30 p.m.
Motion carried.
Assembly adjourned at 12:33 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon