THE FIFTY-NINTH DAY

                               

 

Carson City (Wednesday), March 31, 1999

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

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Lt. John Van Cleef.

    Heavenly Father, as we pause before You this day, we are aware of Your majesty and splendor for we see it all around us in the beauty of Your creation—in the heights of the snow capped mountains; in the expanse of the rolling valleys; and in the awesome complexity of our fellow neighbors.  May an awareness of Your splendor and majesty fill the men and women of this honorable body throughout this day; and may they ever seek Your will, wisdom and strength as they serve the people of this great state.  In our Creator’s Name I 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.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Joint Resolution No. 14 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

    Assemblyman Perkins moved that Assembly Bill No. 311 be taken from its position on the General File and placed at the bottom of the General File.

    Motion carried.

general file and third reading

    Assembly Joint Resolution No. 14.

    Resolution read third time.

    Remarks by Assemblymen Berman and Freeman.

    Roll call on Assembly Joint Resolution No. 14:

    Yeas—42.

    Nays—None.

    Assembly Joint Resolution No. 14 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.


    Assemblywoman Berman moved that all rules be suspended and that Assembly Joint Resolution No. 14 be immediately transmitted to the Senate.

    Motion carried unanimously.

    Assembly Bill No. 74.

    Bill read third time.

    The following amendment was proposed by Assemblyman Bache:

    Amendment No. 274.

    Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  The public employees’ retirement board shall conduct a study of the effect on the public employees’ retirement system of the employment of retired public employees by public employers that participate in the public employees’ retirement system. The public employees’ retirement board shall report on the progress and findings of the study at each meeting of the interim retirement committee of the legislature and shall submit a final report of the study to the 71st session of the Nevada Legislature.”.

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

“requiring the public employees’ retirement board to conduct a study of the effect on the public employees’ retirement system of the employment of retired public employees by public employers participating in the system;”.

    Amend the summary of the bill, third line, by deleting the period and inserting:

“and requires public employees’ retirement board to conduct study of effect on public employees’ retirement system of employment of retired public employees by public employers participating in system.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 26, 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. 113, 127, 128; Senate Bill No. 480; Senate Joint Resolution No. 12 of the 69th Session.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Joint Resolution No. 12 of the 69th Session.

    Assemblyman Perkins moved that the resolution be referred to the Committee on Ways and Means.

    Motion carried.

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

    Assembly Concurrent Resolution No. 41—Congratulating the University of Nevada School of Medicine on its 30th Anniversary and commending Dean Robert M. Daugherty, Jr. for the leadership and guidance he has provided to its students.

    Whereas, Through the recommendation of the Board of Regents of the University of Nevada and the encouragement, vision and generosity of the late Howard R. Hughes, and other friends such as Dr. Fred Anderson and H. Edward Manville, the University of Nevada School of Medicine was established by the Nevada Legislature in 1969; and

    Whereas, The University of Nevada School of Medicine has become a medical school for the entire state, with training programs in Las Vegas, Reno, Henderson, Elko, North Las Vegas, Carson City and Sparks, using the assistance of six community hospitals and more than 900 community physicians throughout Nevada to provide patient care in person and via telemedicine; and

    Whereas, Every year approximately 208 students from Nevada are given the opportunity to pursue a medical education, and, today, more than 1,000 students trained in Nevada have graduated from the University of Nevada School of Medicine, including 900 resident physicians who have been trained in family practice, internal medicine, pediatrics, psychiatry, surgery, and obstetrics and gynecology; and

    Whereas, The University of Nevada School of Medicine strives to improve the delivery of health care to rural areas by placing physicians in nearly every rural community within this state and staffing Area Health Education Centers with qualified and knowledgeable professionals in health care to make the latest information on health care available to persons living in rural areas; and

    Whereas, Regardless of a patient’s ability to pay, the physicians from the University of Nevada School of Medicine continue to deliver quality health care to any person in need of health care; and

    Whereas, In addition to the University of Nevada School of Medicine’s delivery of health care, vital research is conducted by researchers from the School of Medicine in such important medical subjects as cancer, heart disease, gastrointestinal disorders, nutrition, diabetes and women’s health issues, bringing more than $9 million in research funding to the State of Nevada each year; and

    Whereas, Dean Robert M. Daugherty, Jr., M.D., Ph.D., has served as Dean of the University of Nevada School of Medicine for 18 years, the second longest tenure of all current deans, during which he has built a program that is respected not only in Nevada, but also nationally because of the caliber of its faculty, students and programs; and

    Whereas, Dean Daugherty has brought recognition to the State of Nevada through his leadership roles in the American Medical Association and the Association of American Medical Colleges as an advocate for all physicians to preserve the doctor/patient relationship and create leadership role models for physicians; 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 congratulate the University of Nevada School of Medicine on its 30th Anniversary and commend the school for the vital service it provides to the people of the State of Nevada; and be it further

    Resolved, That this legislative body pays special tribute, to Dean Robert M. Daugherty, Jr., M.D., Ph.D., on the occasion of being named Dean Emeritus, for his 18 years of service and leadership; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the University of Nevada School of Medicine and Dean Robert M. Daugherty, Jr.

    Assemblywoman Evans moved the adoption of the resolution.

    Remarks by Assemblymen Evans, Marvel, Carpenter, Mortenson, Freeman and Mr. Speaker.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblywoman Evans:

    Thank you, Mr. Speaker.  In 1969 only a handful of Nevada students were admitted to out-of-state medical schools.  Most rural communities were without a doctor.  When the School of Medicine was established by the legislature in 1969, the state’s population was 482,000.  The legislature was still meeting in the Capitol Building and Speaker Dini was learning the ropes of lawmaking.  Times have changed.  Today, the School of Medicine’s enrollment exceeds 200 students.  Working with hospitals and clinics, the school has been at the forefront of change and innovation in health care delivery.  Although medical education is the chief mission of the school, in truth, it does much more than just train the next generation of physicians.

    The school’s bio-medical research program has achieved international recognition and competes successfully for federal and private grants.  In clinical practice faculty, students, and residents can be found in offices, clinics, and hospitals at numerous sites across the state.  In addition to the activities mentioned in the resolution, the School of Medicine has fostered development of the Health Services Corp and the Area Health Education Centers in Las Vegas, Elko, and Reno.  They assist the public and train many types of health professionals.

    Under faculty guidance, the students run a free clinic for the indigent.  They also volunteer their time to work with students in our public schools and anti-smoking and anti-drug campaigns.  Additionally, the medical school operates a special summer science program for northern and southern public school teachers, along with a unique outreach program for minority high school students.

    From pediatrics to geriatrics; from organ transplants to the reattachment of severed limbs; Nevada’s medical school has taken a leadership role.  On the subject of leadership, the school has succeeded, in large part, because it has had quality leadership.  Dean Robert Daugherty has been at the helm since 1981, guiding the school through many stages of growth and development.  Especially the expansion of the school’s southern campus.  He has been a bold and visionary dean—determined and courageous, diligent, tough-minded and tender-hearted.  Does he have an Achilles heel?  Yes.  Students.  He is very student oriented.  He quickly learns the name of each student and his door is always open to their concerns.

    I’ve long been struck by the message that he consistently gives to medical students.  It goes something like this:  “The medical school can provide you with knowledge, skill and the experiences needed to become a highly trained physician.  You must study hard to learn the science of medicine.  But in the art of healing you must give an equal amount of time and effort to become a caring physician.  You must listen to your patients and hear what they are saying.  Be sensitive and touch them.  Be tender and responsive to their needs and to the needs of their families.  You will not only be caring for your patients, you must care about them.”

    Two years ago, Dr. Daugherty was chosen by his peers to a high, national office: chair of the Council of Deans for the Association of American Medical Colleges.  Recently, Dr. Jordan Cohen, president of that association, said, “Bob Daugherty is really a mentor to mentors.  He is a man of vision and that rare sort of leader who has his feet firmly planted in the present, but his eyes always on the future and how we are going to get there.  I’ve known Bob for many years and I sometimes wonder if he has found the magic formula for getting 25 hours out of every 24.”

    Dean Daugherty, Nevada thanks you for your hard work and commitment to making our medical school a source of pride.  As you step down from being the dean, we know that someone will fill your position.  No one will ever fill your shoes.


    Assemblyman Marvel:

    Thank you, Mr. Speaker.  It is with great pride that I rise in support of ACR 41.  You know, the School of Medicine has survived for 30 years and I congratulate it for doing so.  It hasn’t been a bed of roses.  I do think the School of Medicine has really touched all of us in the State of Nevada.  We should all be proud that we have such a school of national and rural recognition.

    Rural Nevada—and I do represent rural areas—had a difficult time in placing professionals and doctors.  Because of the presence of our school, we now feel that we do have adequate, though maybe not enough, medical and professional coverage.  Personally, I am involved.  My own family physician is a graduate of the University of Nevada’s School of Medicine.  I have a plate in my arm which was placed there by another school graduate.  We do have and excel at professionalism.

    I would like to commend Dr. Daugherty for his 18 years of patience and perseverance.  I used to kid the dean about  when you shake hands with him, make sure you have your hand on your wallet.  Dr. Daugherty, we are proud you have reached “emeritus” status.  I think I am the only person here, in this Assembly, who was on Ways and Means in 1981 when the good doctor made his first budget presentation.  He was from Indiana.  He was asked by one legislator, “I hope you haven’t sold your home in Indiana.”  Another one said, “I hope you haven’t bought a home in Reno.”  After 18 years, here he is, without the albatross around his neck.

    May I say, Doctor, we are very proud of your accomplishments.  One of the things I am particularly proud of, which has helped my area so much, has been the AHEC program.  This was a forerunner to Distance Education.  He implemented a program where, from the School of Medicine, we could actually instruct our professionals in the hospitals.  I think the pilot area was in Elko.  Since then, it has been recognized throughout the state.  It has been a tremendous help to all of us in the State of Nevada, particularly in rural areas.  You should be commended Dr. Daugherty for your time and dedication to the School of Medicine.  Thank you for being one of us.

    Assemblyman Carpenter:

    Thank you, Mr. Speaker.  I, too, rise in support of ACR 41.  Health care in rural Nevada has made great strides because of our College of Medicine.  Many of the physicians in rural Nevada have helped to train future doctors and many times, after they became doctors, they came back to rural Nevada and stayed.  This is certainly true in my hometown of Elko.  I want to give my thanks to Dr. Daugherty for really helping rural Nevada.  Thank you.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Thank you.  I certainly rise in support of ACR 41.  I think I am the only one in this room who was in the legislature in 1969 when we approved the medical school.  I think it is one of the finest votes I ever made in my life.  I am very proud of the institution and proud of what we did for the people in this state.  It was a difficult battle to approve the medical school. It did not pass by many votes.  It was our first test of “north versus south.”  It was after reapportionment in 1966.  There were some elements in southern Nevada who did not want us to have a medical school.  They felt we couldn’t afford it and should turn it down. 

    The battle continued for months.  I remember a senator from Washoe County came to me, to get me to commit to the vote for the school.  Virgil Ghetto and I were a team—he’s formerly from Churchill County.  That year he was chairman of Agriculture and I was the vice-chairman.  The previous year, it had been the other way around.  They wanted a medical school and we needed some votes for the ice cream, butterfat content bill, which was in the Agriculture Committee.  I remember we made a deal with the senator from Washoe County.  He said, “I’ll vote for your bill and you vote for mine.”  We were going to vote for the medical school anyway, so it didn’t make any difference.  At that time, the 14 percent butterfat for ice cream was a big issue.  In the rural areas, such as Churchill and Lyon Counties, there were major dairy herds.  I think there were 17 Grade A barns in Lyon County and probably 40 in Churchill, at that time.  They were discussing using less cream, which would cut into the dairy business.  We thought it was a real issue to die for.  We voted for the medical school and the senator from Washoe County did not vote for the ice cream bill.

    I have been privileged to watch this institution grow.  Especially since Dean Daugherty came on the scene in 1981.  He made some great friendships here with Marvin Sedway, Jack Jeffrey—people from southern Nevada who certainly supported the institution and gave it an opportunity to go forward.  It is expensive.  It turned out to be expensive and more money was needed.  I have to say something about the dean.  He has a knack.  When he comes to my office for a fireside chat, he usually has one piece of paper.  He extends that piece of paper to me and says, “Look this program over, will you Joe?”  As soon as I acknowledge that I might be interested in that program, he reaches into the other pocket and says, “Do you mind taking a look at this one?”  Before he’s done, I have a stack of papers a foot high, on ten different programs he wants.  Then I get accused by the Senate of being the whipping boy for the dean of the medical school.  I’m going to miss that.

    The school has done a great job for our state.  We have a physician in our area—Lyon County paid for her education—who graduated a good number of years ago.  She is an outstanding physician in our community.  I think we say that about every community.  I had the pleasure of going on an airplane ride with the Dean a few years ago.  We went around with the AHEC program, the Health Service Corp Program, where we had checks to give the doctors in little communities, to help pay their debt for their education.  We went to Eureka, which was a lot of fun because we were in a jet and there was only a dirt runway.  Then we went to Elko, Winnemucca, and Fallon.  We met some real fine doctors that were doing a great job in the rural areas. 

    We certainly appreciate all the efforts that the Medical School has done for us.  I want to commend Dean Daugherty for the beautiful job he has done.  He will certainly be remembered by both Houses of the Legislature for his outstanding contributions to the good health and well being of the citizens of our state.  With that, I wish you years of happiness as Dean Emeritus.

    Assemblyman Mortenson:

    Thank you, Mr. Speaker.  In 1969, or maybe earlier, I was working at the Test Site with Los Alamos Scientific Labs.  I hired a new graduate nuclear engineer from the University of North Carolina to work in my group.  In 1969, when he found that there was going to be a medical school in Reno, he deserted his career as a nuclear engineer and came up here and passed through the first medical school.  He is now a doctor here in Carson City and his name is Edmund Pierczynski.  I wish I could have had him here beside me today.  Thank you.

    Assemblywoman Freeman:

    Thank you, Mr. Speaker.  I rise in support of ACR 41.  After the wonderful stories which have been told by Speaker Dini and the rest, I won’t try to top that.  I simply want to congratulate the School of Medicine and the Dean as well, on the school’s anniversary and his retirement.  Enjoy your retirement.

    Resolution adopted unanimously.

    Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 41 be immediately transmitted to the Senate.

    Motion carried unanimously.

general file and third reading

    Assembly Bill No. 131.

    Bill read third time.

    Remarks by Assemblymen Bache and Koivisto.

    Potential conflict of interest declared by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 131:

    Yeas—29.

    Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—13.

    Assembly Bill No. 131 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 251.

    Bill read third time.

    Remarks by Assemblywoman Freeman.

    Roll call on Assembly Bill No. 251:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 251 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 268.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 242.

    Amend section 1, page 1, line 15, by deleting “[and]” and inserting “and”.

    Amend section 1, page 1, line 16, by deleting “February” and inserting “April”.

    Amend section 1, page 1, line 17, by deleting “February” and inserting “April”.

    Amend section 1, page 2, line 3, by deleting:

[.] ; and” and inserting a period.

    Amend section 1, page 2, by deleting lines 4 through 9.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 332.

    Bill read third time.

    Remarks by Assemblymen Anderson and Buckley.

    Potential conflict of interest declared by Assemblymen Anderson, Bache, Giunchigliani and Parnell.

    Roll call on Assembly Bill No. 332:

    Yeas—33.

    Nays—Angle, Carpenter, Cegavske, Gustavson, Hettrick, Marvel, Nolan, Tiffany, Von Tobel—9.

    Assembly Bill No. 332 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 414.

    Bill read third time.

    Remarks by Assemblymen Lee and Goldwater.

    Roll call on Assembly Bill No. 414:

    Yeas—41.

    Nays—Gustavson.

    Assembly Bill No. 414 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 447.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Assembly Bill No. 447:

    Yeas—41.

    Nays—None.

    Not Voting—Angle.

    Assembly Bill No. 447 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 612.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 612:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 612 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 31, 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. 27.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 27.

    Assemblywoman Freeman moved the adoption of the resolution.

    Remarks by Assemblywoman Freeman.

    Resolution adopted unanimously.

    Assemblywoman Buckley moved that Assembly Joint Resolution No. 15, Assembly Joint Resolution No. 5 of the 69th session, Assembly Bill No. 311 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.


REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 109, 202, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

    Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Harry Mortenson, Vice-Chairman

Mr. Speaker:

    Your Concurrent Committee on Education, to which was referred Assembly Bill No. 382, 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 Elections, Procedures, and Ethics, to which were referred Assembly Bills Nos. 169, 444, 518, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 446, 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 were referred Assembly Bills Nos. 95, 189, 303, 375, 465, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 638, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Assembly Bill No. 250, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Health and Human Services, to which was referred Assembly Bill No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass, as amended, and re-refer to the Committee on Ways and Means.

    Also, your Committee on Health and Human Services, to which was referred Assembly Concurrent Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Vivian L. Freeman, Chairman

Mr. Speaker:

    Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 238, has had the same under consideration, and begs leave to report the same back with

the recommendation: Amend, and do pass as amended.

Vivian L. Freeman, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 333, 624, 645, 670, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 548, 620, 649, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 372, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.

    Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 50, 287, 339, 545, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 119, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Elections, Procedures, and Ethics.

Bernard Anderson, Chairman

Mr. Speaker:

    Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 481, 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 were referred Assembly Bills Nos. 179, 252, 296; Assembly Joint Resolutions Nos. 19, 20, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was re-referred Assembly Bill No. 32, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended and re-refer to the Committee on Ways and Means.

David E. Goldwater, Chairman

Mr. Speaker:

    Your Concurrent Committee on Taxation, to which was referred Assembly Bill No. 525, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David E. Goldwater, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Assembly Bill No. 452, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Transportation, to which were referred Assembly Bills Nos. 28, 59, 188, 271, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Transportation, to which was referred Assembly Bill No. 34, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended and re-refer to the Committee on Ways and Means.

    Also, your Committee on Transportation, to which was referred Assembly Concurrent Resolution No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Vonne S. Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bill No. 289; Senate Bill No. 278, 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

    Assemblyman Bache moved that Assembly Bill No. 309 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 638 be re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblyman Anderson moved that Assembly Bill No. 372 be re-referred to the Committee on Ways and Means.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 26, 1999

To the Honorable the Assembly:

     I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 190, 315.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 20, Amendment No. 161, Assembly Bill No. 85, Amendment No. 157, 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 adopted Assembly Concurrent Resolutions Nos. 21, 40.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 220 to Senate Bill No. 255.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 190.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 315.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 480.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 51.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 90.

    Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  NRS 1.360 is hereby amended to read as follows:

    1.360 Under the direction of the supreme court, the court administrator shall:

    1.  Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the chief justice, for the improvement of those procedures;

    2.  Examine the condition of the dockets of the courts and determine the need for assistance by any court;

    3.  Make recommendations to and carry out the directions of the chief justice relating to the assignment of district judges where district courts are in need of assistance;

    4.  Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the state court system and transmit that information to the supreme court so that proper action may be taken in respect thereto;

    5.  Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the state court system and make recommendations in respect thereto;

    6.  Develop procedures for accounting, internal auditing, procurement and disbursement for the state court system;

    7.  Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the state court system and the offices connected therewith;

    8.  Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;

    9.  Formulate and submit to the supreme court recommendations of policies or proposed legislation for the improvement of the state court system; [and]

    10.  On or before January 1 of each year, submit to the director of the legislative counsel bureau a written report compiling the information submitted to the court administrator pursuant to sections 6, 9 and 10 of this act during the immediately preceding fiscal year; and

    11.  Attend to such other matters as may be assigned by the supreme court or prescribed by law.”.

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

“2, 3 and 4” and inserting:

“3 to 6, inclusive,”.

    Amend sec. 2, page 1, line 4, by deleting:3 and 4”and inserting:

4 and 5”.

    Amend sec. 4, page 1, line 8, by deleting:

and “family division” mean” and inserting “means”.

    Amend the bill as a whole by renumbering sections 5 and 6 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 4, to read as follows:

    “Sec. 6.  In the time and manner prescribed by the supreme court, the chief judge of the judicial district or, if the district has no chief judge, a district judge designated by mutual consent of the district judges of that district, shall submit to the court administrator a report of the statistical information required pursuant to this section and such other statistical information as prescribed by the supreme court. The report must include, without limitation, statistical information concerning:

    1.  Those cases which are pending and undecided and the judge to whom each case has been assigned;

    2.  The type and number of cases each judge considered during the preceding month;

    3.  The number of cases submitted to each judge during the preceding month;

    4.  The number of cases decided by each judge during the preceding month; and

    5.  The number of full judicial days in which each judge appeared in court or in chambers in performance of his duties during the preceding month.”.

    Amend sec. 6, pages 2 and 3, by deleting lines 27 through 41 on page 2 and lines 1 through 3 on page 3, and inserting:

judge of the district shall submit a written report to the clerk of the supreme count each month, showing:

    (a) Those cases which are pending and undecided and to which judge the cases have been assigned;

    (b) The type and number of cases each judge considered during the preceding month;

    (c) The number of cases submitted to each judge during the preceding month;

    (d) The number of cases decided by each judge during the preceding month; and

    (e) The number of full judicial days in which each judge appeared in court or in chambers in performance of his duties during the preceding month.] ; and

    (d) Perform all other duties of the chief judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.”.

    Amend the bill as a whole by renumbering sec. 7 as sec. 11 and adding new sections designated sections 9 and 10, following sec. 6, to read as follows:

    “Sec. 9.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

    In the time and manner prescribed by the supreme court, the justice of the peace of a township or, if there is more than one justice of the peace of a township, a justice of the peace designated by mutual consent of the other justices of the peace of that township, shall submit to the court administrator a written report of the statistical information required pursuant to this section and such other statistical information as prescribed by the supreme court. The report must include, without limitation, statistical information concerning:

    1.  Those cases which are pending and undecided and the justice of the peace to whom each case has been assigned;

    2.  The type and number of cases each justice of the peace considered during the preceding month;

    3.  The number of cases submitted to each justice of the peace during the preceding month;

    4.  The number of cases decided by each justice of the peace during the preceding month; and

    5.  The number of full judicial days in which each justice of the peace appeared in court or in chambers in performance of his duties during the preceding month.

    Sec. 10.  Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

    In the time and manner prescribed by the supreme court, the municipal judge of a city or, if there is more than one municipal judge for a city, a municipal judge designated by mutual consent of the other municipal judges of that city, shall submit to the court administrator a written report of the statistical information required pursuant to this section and such other statistical information as prescribed by the supreme court. The report must include, without limitation, statistical information concerning:

    1.  Those cases which are pending and undecided and the municipal judge to whom each case has been assigned;

    2.  The type and number of cases each municipal judge considered during the preceding month;

    3.  The number of cases submitted to each municipal judge during the preceding month;

    4.  The number of cases decided by each municipal judge during the preceding month; and

    5.  The number of full judicial days in which each municipal judge appeared in court or in chambers in performance of his duties during the preceding month.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to the court system; requiring the district courts, justices’ courts and municipal courts to submit certain statistical information to the court administrator; requiring the court administrator to compile such information and submit an annual report concerning the information to the director of the legislative counsel bureau; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning reporting of certain statistical information to court administrator by district courts, justices’ courts and municipal courts. (BDR 1-377)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 337.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 275.

    Amend section 1, page 2, line 10, by deleting “150” and inserting “185”.

    Amend section 1, page 2, line 20, by deleting $200” and inserting $700”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

MOTIONS, RESOLUTIONS AND NOTICES

notice of exemption

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 4, 6, 26, 27, 30, 36, 38, 44, 46, 48, 89, 139, 146, 147, 148, 149, 151, 171, 181, 191, 205, 224, 232, 233, 235, 240, 246, 257, 266, 269, 273, 274, 281, 288, 290, 291, 300, 310, 312, 316, 320, 321, 323, 324, 325, 330, 341, 342, 343, 344, 345, 346, 356, 357, 359, 360, 362, 364, 370, 371, 381, 384, 385, 386, 394, 395, 398, 399, 401, 415, 416, 417, 430, 454, 472, 474, 480, 512, 582, 595, 596, 600, 652, 654, 655, 656, 657, 658, 659, 661, 662, 663 and 664.

SPECIAL ORDERS OF THE DAY

    Assemblywoman Buckley moved that vetoed Assembly Bill No. 105 of the 70th Session be made a Special Order of Business for Tuesday, April 6, 1999, at 1:15 p.m.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolutions Nos. 38, 39; Senate Bill No. 255, Senate Concurrent Resolution No. 25.


GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Kane.

    On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Harrington and Margaret Harrington.

    On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Lorraine Lynne Harrington.

    On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Adam Borque, Bryan Eaton, Melissa Martinelli, Megan Spell, Mike Thicke, Sheila Thompson, Katie Loff, Heather Baxter, Augustin Gallegos, Crystal Geyer, Shawna Sabo, Sara Schank, Meagan Conti, Scott Scoble-Vinson, Michelle Badger, Chris Marble, Kathleen Mateas, Kassie Knigge, Carrie Gralada, Nathan Rasner, Jeremy Blanchard, Sharla Rojas, David McCarty, Julia Harris, Julio Rios, Josh Marhevka, Joe Carlson, Richard Peterson, Amber Meeks, Justin Mills, Heather Hess, Robin Williams-Auer, Robert Auer and Andrea Whittemore.

    On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Shila Young.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Anita Patton and Annette Whittemore.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Shanna Sparks and Jeffrey Martin.

    On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Ben Auer, Adria Bragmann, Tara Cheney, Sara Coleman, Kelly Davis, Melody Demel, Nick Halen, Brandon Hudson, Sarah Kitchen, Jeffery Martin, Brad Metcalf, April Nordstrom, Todd Parker, Crystal Sloan, Nick Demagistris, Jasmine Langguth, Chad Sheldrew, Shanna Sparks, Nathan White, Amanda Benson, Kyle Boschult, Colin Cormier, Josi DuFresne, Kyle Hanson, Emily Johnson, Caleb Karges, Jenny Kasper, Savneet Kaur, Ali Marson, Chris McEachern, Carly Nystrom, Michael Rusler, Kelli Weyrick, Robert Britton, Andrew Coleman, Tiffany Halen, Brandon Kacsmaryk, Joshua Karges, Zachary Karges, Caleb McCoy, Jean Ni, Chelsey Nowling, Sophia Raphael, Daniel Simons, Linda Sitze and Diane Johnson.

    On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Terah Laack and Staci Cobler.

    On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Chanel Parker and Virginia "Puj" Hoffman.

    On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Hurst.

    Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 1, 1999, at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 12:25 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly