THE SIXTIETH DAY
Carson City (Thursday), April 1, 1999
Assembly called to order at 10:47 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman de Braga, who was excused.
Prayer by the Chaplain, Lt. John Van Cleef.
Almighty God, on this day of Passover, our hearts and minds quickly turn toward thoughts of deliverance, redemption and freedom. It is upon these divinely inspired ideals that this nation was built, and upon which this government rests. May the men and women of this great Assembly be inspired by these ideals. May they be guided by Thy hand to enact laws that support them, and empowered by Thy Spirit to embody them. This prayer we offer in Thy Holy Name. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 72, 418, 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 64, 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 Commerce and Labor.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 459, 588, 630, 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. 460, 530, 626, 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
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 587, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 207, 211, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 186, 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. 679, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Ways and Means.
Vonne S. Chowning, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 345, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Assembly Bill No. 679 be re-referred to the Committee on Ways and Means.
Motion carried.
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 passed Assembly Bill No. 174; Senate Bills Nos. 332, 398, 460, 462, 483; Assembly Joint Resolution No. 14.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 10, 35, 53, 59, 154, 209, 235, 277.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 41.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Perkins, 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, Parks, Parnell, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 42—Memorializing former Chief of the Legislative Police Jerry A. Kenney.
Whereas, The members of the Nevada Legislature note with profound sorrow the passing of former Chief of the Legislative Police, Jerry A. Kenney, on December 27, 1997; and
Whereas, Jerry Kenney was born January 18, 1936, to Patrick and Florence Keegan Kenney of LeMars, Iowa; and
Whereas, While employed by the Los Angeles Police Department from 1959 to 1979, Jerry Kenney received an honorable discharge from the United States Marine Corps in 1962, and, in 1976, he earned an Associate of Arts degree from Moorpark Junior College in Moorpark, California; and
Whereas, After retiring as a detective from the Los Angeles Police Department, Jerry and his family moved to Carson City; and
WHEREAS, Jerry Kenney was hired as an officer with the Legislative Police on March 3, 1985, because of his knowledge and experience in law enforcement, and was promoted to Lieutenant of the Legislative Police on July 1, 1987; and
Whereas, On September 8, 1992, Jerry Kenney was promoted to Chief of the Legislative Police and continued in this capacity until his untimely death; and
Whereas, This avid fan of the Los Angeles Dodgers was named an “Outstanding Dad” by the team on July 20, 1991, and was always prepared to help any willing listener understand just how great the Dodgers were; and
Whereas, Jerry Kenney served as regional Chairman and Vice Chairman of the National Legislative Services and Security Association, a group of state legislative officers and sergeants-at-arms, and held numerous professional certificates which he had received throughout his career in law enforcement; and
Whereas, Following his death, flags at the Nevada Legislature were flown at half-mast for several days to pay tribute to this highly regarded officer; and
Whereas, Jerry Kenney is survived by his beloved wife, Gay Swetman Kenney of Carson City, his son, Jim of Ventura, California, daughter, Kathleen Hughes of Reno, brothers, Tom Letsche of Remsen, Iowa, and Patrick Kenney of Rapid City, South Dakota, and 10 grandchildren; 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 express their heartfelt condolences to Jerry’s wife, Gay, and the rest of his beloved family; and be it further
Resolved, That Jerry Kenney will long be remembered because of his easy-going nature, his loyalty to the L.A. Dodgers and his dedication to the Nevada Legislature and law enforcement; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jerry’s loving wife, Gay.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblymen Perkins, Anderson, Marvel, Price, and Mr. Speaker.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Perkins:
Thank you, Mr. Speaker. It is with heavy heart and yet with great memories that I stand in support of ACR 42. Many in this body probably never got to meet Jerry Kenney. Many of you that did probably never got to know him very well. That was Chief Kenney’s style. He was a man of few words—but a man with a purpose.
As you can see, our Legislative Police are here in attendance today in Chief Kenney’s honor. You can tell by the resolution that he served over 20 years in law enforcement with the Los Angeles Police Department, before retiring and coming here in 1985. His ascension through the ranks in this body, in our legislative police force, was quite rapid. I wanted to share with the body a few thoughts, which had been shared with me by some of his colleagues.
It was put to me that he was unique in that he had a photographic memory. There were things he just didn’t forget. He did not necessarily write them down. We had thousands of keys for this building and he knew the number of the key for every place, without having to have a list. That didn’t work for everybody—they had to make a list. He was a real manager. He managed the functions so well. He was a no-nonsense manager. When he put his foot down, though, that was the end of the discussion. He did it in a way that made those that worked for him feel good about themselves and good about the operation.
As the resolution mentioned, he was quite the Dodger fan; often watching games on satellite which were not on local feed or taping games. He was quite an architect in his own right, as well; drawing plans for offices and that sort of thing. I remember working with him on the Legislative Security Subcommittee on the placement of the cameras in the building, to make sure we had all our bases covered, and to provide the security for this building. He spearheaded the change of the name from “Legislative Security” to “Legislative Police.” They are a full-fledged police force. They have those authorities and they have quite a number of skills. That is a credit to Chief Kenney. He was the one who really assembled the core of what we have today.
There were a number of accomplishments. You can’t say enough about what a family man he was. He always talked about his bride, Gay. His family was first and foremost to him. There were a number of things that bothered other people in the building and they would say, “Doesn’t that bother you, Chief?” And he would say, “No. That’s nothing.” His family was first on his priority list. So, all these things which were big problems to other people were really little things to Jerry because of the priorities that he had in his life.
He was the kind of man you could take a handshake commitment from and take it to the bank. He never went back on his word. I know that his family, Mr. Speaker, feels a great loss. They have great memories but they did suffer a great loss. I have to tell you, however, that the people in this building suffered a great loss as well. He managed so brilliantly. He was detail oriented and got things done so well. Few of the people who knew him probably really knew him because he did everything with no fanfare. He didn’t want recognition for what he did—he just wanted to get the job done.
I know you see that all our officers are here in their blue uniforms. I have to tell you, as someone who has spent their entire adult life in law enforcement, we have a force that does a function that is nearly impossible. They have 63 “prima donnas” to work for. They have to provide security for not only us but to all the citizens who come to this building. You never see them. You never know they are there. They do it inconspicuously, so as not to be a threatening presence to the public. You will never know the things that happen behind the scenes; the people they talk to and making sure they aren’t a threat to us or others; and the people that are a threat or deemed to be a threat who are moved along. You never hear about those things. That’s the way Chief Kenny implemented the process.
On a final note, Mr. Speaker, it’s always tough to lose a colleague in law enforcement. If there is anything as close to you as your own family, it is the family in law enforcement. When we lose an officer, anywhere, it’s felt by each and every one of us. I know it has affected our officers. Anyone who went to the funeral saw people from all agencies paying their respects. It truly is something that’s felt throughout the law enforcement family. In conclusion, Mr. Speaker, I again want to offer my support for this resolution. Chief Kenney is somebody we will never, ever replace. His shoes can never be filled. We have a different chief now, who has a different style. One that is very good as well. However, we will all remember Chief Kenney for the accomplishments that he has put forward here; for the family environment he enjoyed; and for the security that benefits you and me. Thank you, Mr. Speaker.
Assemblyman Anderson:
Thank you, Mr. Speaker. I rise in support of the resolution. I think there is very little that I, not being a law enforcement officer, could add to the description of the services that Chief Kenney provided. I had the opportunity to come to know him and rely on him for several different reasons, not the least of which was, of course, his love of the Dodgers—the only true baseball team.
I think it is really important for us to look at the men and women who are standing there on our left and realize that they are a reflection of Mr. Kenney and his attitudes. Our current chief continues that. The way they have been selected is a reflection of Mr. Kenney’s attitude and his care for people, who should come first. When we deal with law enforcement, at least in my committee, on a regular basis, it is the high standards of people that we deal with every day that makes us realize the importance of their work. Therefore, I think our police force as selected by Chief Kenney, and now carried on, are good representatives of the law enforcement agencies as a whole. This is because of the practical experience. They bring with them that additional sensitivity which is needed. So, when I see our force, I think of Chief Kenney and the other members who have served the people of this state. I thank him and his family for allowing his memory to continue on with this resolution. Thank you, Mr. Speaker.
Assemblyman Marvel:
Thank you, Mr. Speaker. I also support ACR 42. I think we were all saddened by his sudden demise, particularly those of us who had been around here a while, because we had known Jerry for so many years. I think we can paraphrase Jerry by this: he epitomized excellence in law enforcement. That can be seen when you look at the fine people we have here in blue. By assembling these people, we knew that Jerry understood law enforcement.
Jerry and I got fairly close. I happened to be a Dodger fan, too. One time, when he and Jimmy were back in Pittsburgh, or someplace, they attended a Dodger game. They brought back a baseball that was autographed by Tommy Lasorda, who at the time was manager of the Dodger team. We haven’t done too well since then, but I know Jerry is probably praying for them up there as I pray for them down here.
The last time I saw Jerry, he presented me with this legislative pin. That will always be a reminder of Jerry to me. What a fine gentleman and fine officer he was. Certainly our condolences to Gay and the family. He is going to be sorely missed. Thank you.
Assemblyman Price:
Thank you, Mr. Speaker. I, too, rise with sadness, but in pride with honoring someone who was one of our family—the family of 63. Talking about the Dodgers—I’m not exactly a sports fan—but one of the few ballgames—and I remember talking to him about that—that I’d actually gone to, when I was a kid, was a Dodger game when they were actually playing back in New York. Anyhow, we had talked about that.
I recall that there was some incident that occurred in another legislature somewhere in the United States. This caused Jerry to be more concerned with our security and to develop this room and the room over in the Senate, as well as some of the procedures to enhance our safety. He was certainly a dedicated professional and, as I say, one of the family to us. I always felt a little spoiled, and suppose that we all did, in the wonderful treatment that we got from Jerry and his colleagues that worked with him. I certainly extend my best wishes today, to the family, to let you know that he was certainly loved in this body and that we miss him dearly.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
With the permission of the House, I would just like to say and give my condolences to the family. Mouryne Landing, who is sitting next to me, is a former Chief Clerk. She and Jerry had a long standing game they played between each other, sending each other mystery packages and notes. I’m trying to get Mouryne to write down a couple of those stories, just to show you his humor and his relationship to other people on the staff. When we worked together, he would come to my office if there was a problem. The Chief had a handle on it all the time. There were no problems because he took care of them. He gave us tremendous security, just knowing that Jerry was here.
Whenever Mouryne came in late, Jerry would announce on the PA, which went all over the building, “Glad you could make it, Mrs. Landing.” She baked a birthday cake for him, tore it apart when she frosted it and then set it out, calling it “best effort” when she gave it to him. Between the two of them, they had a warm relationship. I think, of all the people in this room, she probably misses him more than anybody.
Resolution adopted unanimously.
Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 42 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Cegavske, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Evans, 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 James, Amodei, Care, Carlton, Coffin, Jacobsen, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 43—Commending Carol Van Wagoner for her outstanding watercolor paintings of the state symbols of Nevada.
Whereas, Carol Ann Jeffery was born in the little farming community of Delta, Utah; and
Whereas, Carol began developing her artistic talent as a young child by drawing during her spare time; and
Whereas, Carol’s artistic talents were officially recognized in her second year of college when she won the “Painting of the Year” while attending Dixie College; and
Whereas, After graduation from Brigham Young University with a Bachelor of Arts degree, Carol went on to teach school for 1 year before marrying David Van Wagoner and starting her new career of motherhood, raising their six children; and
Whereas, When the Van Wagoners’ youngest child entered school, Carol returned to teaching in the Clark County School District where she has spent 6 out of 10 years as a teacher at the R. Guild Gray Elementary School; and
Whereas, This innovative school recently unveiled their “Nevada Wall,” an exhibit that includes copies of historical documents, a copy of the state seal, a state flag that had flown over Carson City, a copy of the Nevada Constitution and materials from the Carson City Mint; and
Whereas, One of the biggest challenges in completing the “Nevada Wall” was to find renderings of the state symbols of Nevada; and
Whereas, When none were found, Carol Van Wagoner, R. Guild Gray’s art teacher, offered to paint watercolors of every state symbol; and
Whereas, Within 3 months, using her imagination and the most vivid colors, Carol painted every state symbol with such color and clarity that their addition to the “Nevada Wall” captured the true feeling of the state symbols of Nevada; and
Whereas, During this 70th legislative session, these magnificent watercolor paintings have been proudly displayed on the third floor of the Legislative Building; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Carol Van Wagoner is hereby commended for her contributions to this state through her dynamic watercolor paintings of the state symbols of Nevada; and be it further
Resolved, That this legislative body is most appreciative to have been given the opportunity to observe and admire these true works of art that portray patriotism and pride for the State of Nevada through the artistic expression of Carol Van Wagoner; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Carol Van Wagoner.
Assemblywoman Cegavske moved the adoption of the resolution.
Remarks by Assemblywoman Cegavske.
Resolution adopted unanimously.
Assemblywoman Cegavske moved that all rules be suspended and that Assembly Concurrent Resolution No. 43 be immediately transmitted to the Senate.
Motion carried unanimously.
Assembly Concurrent Resolution No. 3.
Resolution read.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 127.
Amend the resolution, page 2, lines 4 and 5, by deleting:
“to be appropriate for inclusion in the system;” and inserting:
“and by the appropriate governmental bodies of the counties and cities in which the roadway is located to be appropriate for exchange;”.
Amend the resolution, page 2, between lines 5 and 6, by inserting:
“Resolved, That the Director of the Department of Transportation consult with the board of county commissioners and the city council or other appropriate governmental body of each county and city in this state to determine the roadways for inclusion in the study; and be it further”.
Amend the resolution, page 2, by deleting lines 9 and 10 and inserting:
“street is located that is included in the study; and be it further
Resolved, That upon the completion of the study on an area of the state, the Director of the Department of Transportation and the appropriate governmental body of each county and city in which a roadway that is determined to be appropriate for exchange is located are encouraged, within their respective legal authorities and budgetary limits, to accomplish an exchange of roadways as soon as possible; and be it further”.
Amend the resolution, page 2, line 12, after “study” by inserting:
“, any exchanges that have been accomplished”.
Amend the preamble of the resolution, page 1, line 16, after “by” by inserting:
“the appropriate governmental bodies of the counties and cities in which the roads or streets are located and”.
Amend the preamble of the resolution, page 1, line 17, by deleting:
“inclusion in the system” and inserting “exchange”.
Amend the preamble of the resolution, page 1, line 18, by deleting the semicolon and inserting:
“for the Department of Transportation and for the counties and cities in which the roads and streets are located;”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
Assembly Concurrent Resolution No. 11.
Resolution read.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 97.
Amend the resolution, page 2, line 9, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill and persons who are affected with mental retardation”.
Amend the resolution, page 2, line 11, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill and persons who are affected with mental retardation”.
Amend the resolution, page 2, by deleting lines 14 and 15.
Amend the resolution, page 2, line 16, by deleting “3.” and inserting “2.”.
Amend the resolution, page 2, line 18, by deleting the semicolon and inserting:
“, including the effect of adolescent suicide on such resources; and”.
Amend the resolution, page 2, line 19, by deleting “4.” and inserting “3.”.
Amend the resolution, page 2, by deleting lines 20 through 24 and inserting:
“persons who are mentally ill and persons who are affected with mental retardation by various public and private agencies; and be it further”.
Amend the preamble of the resolution, page 1, line 1, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill and persons who are affected with mental retardation”.
Amend the preamble of the resolution, page 1, line 4, by deleting:
“mentally ill persons;” and inserting:
“persons who are mentally ill and persons who are affected with mental retardation;”.
Amend the preamble of the resolution, page 1, line 6, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill”.
Amend the preamble of the resolution, page 1, between lines 8 and 9, by inserting:
“Whereas, Youth suicide, which is preventable with early intervention and treatment, is the third leading cause of death among young Americans; and
Whereas, The Centers for Disease Control and Prevention reports that between 1980 and 1994, the suicide rate for persons from 10 to 14 years of age increased by 120 percent; and”.
Amend the preamble of the resolution, page 1, line 9, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill”.
Amend the preamble of the resolution, page 1, line 12, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill”.
Amend the preamble of the resolution, page 1, by deleting lines 14 through 18, and inserting:
“Whereas, The delivery of mental health services requires coordinated community-based programs that address rural and urban needs, inpatient services, services to substitute for inpatient treatment, crisis treatment, medication, case management, housing, vocational opportunities and training, and other complementary assistance; and
Whereas, Mental health services have not been comprehensively reviewed for nearly 10 years; and”.
Amend the preamble of the resolution, page 2, line 2, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill and persons who are affected with mental retardation”.
Amend the title of the resolution, third line, by deleting:
“mentally ill persons” and inserting:
“persons who are mentally ill and to persons who are affected with mental retardation”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Directs Legislative Commission to appoint interim committee to continue review and evaluation of services and treatment provided to persons who are mentally ill and to persons who are affected with mental retardation in this state. (BDR R‑170)”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Assemblywoman Freeman moved that Assembly Concurrent Resolution No. 11 be re-referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Resolution ordered reprinted, engrossed and to the Committee on Elections, Procedures, and Ethics.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the reading of the history on Senate bills upon introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 10.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 35.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 53.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 59.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 154.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 209.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 235.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 277.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 332.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 398.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 460.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 462.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 483.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 548, 620, 649.
Bills read by number.
Roll call on Assembly Bills Nos. 548, 620, 649:
Yeas—39.
Nays—None.
Excused—de Braga, Marvel, Mortenson—3.
Assembly Bills Nos. 548, 620, 649 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
SECOND READING AND AMENDMENT
Assembly Bill No. 5.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 76.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
“Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. “Children’s health insurance program” means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance to uninsured children from low-income families in this state.
Sec. 3. 1. The administrator shall include in the state plan for Medicaid, to the extent authorized by federal law, presumptive eligibility for women who are pregnant and for persons who are less than 19 years of age.
2. The administrator shall include in the children’s health insurance program, to the extent authorized by federal law, a benefit similar to presumptive eligibility for persons who are less than 19 years of age.
Sec. 4. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 422.050 is hereby amended to read as follows:
422.050 1. “Public assistance” includes:
[1.] (a) State supplementary assistance;
[2.] (b) Temporary assistance for needy families;
[3.] (c) Medicaid;
[4.] (d) Food stamp assistance;
[5.] (e) Low-income home energy assistance;
[6.] (f) The program for child care and development; and
[7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the children’s health insurance program.
Sec. 6. NRS 422.222 is hereby amended to read as follows:
422.222 1. The administrator may adopt such regulations as are necessary for the administration of NRS 422.070 to 422.410, inclusive, and section 3 of this act and any program of the welfare division.
2. A regulation adopted by the administrator becomes effective upon adoption or such other date as the administrator specifies in the regulation.
Sec. 7. NRS 422.270 is hereby amended to read as follows:
422.270 The department, through the welfare division, shall:
1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Temporary assistance for needy families;
(c) Medicaid;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) The program for child care and development;
(g) The program for the enforcement of child support; [and]
(h) The children’s health insurance program; and
(i) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the [state] State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive[.], and section 3 of this act.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 8. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator; and
(4) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of [chapters 210,] NRS 127.220 to 127.310, inclusive, chapter 210 of NRS, NRS 422.001 to 422.410, inclusive, and section 3 of this act, NRS 422.580, chapters 423, 424, 425[, 427A,] and 427A of NRS, NRS 432.010 to 432.139, inclusive, chapters 432A to 442, inclusive, of NRS, NRS 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and chapters 446, 447, 449 and 450 of NRS, [NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive,] and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 9. 1. This section and sections 1, 2 and 3 of this act become effective on July 1, 1999.
2. Sections 4 to 8, inclusive, of this act become effective at 12:01 a.m. on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public welfare; requiring the department of human resources to include presumptive eligibility for pregnant women and persons who are less than 19 years of age in the state plan for Medicaid; requiring the department of human resources to include a similar benefit in the children’s health insurance program to the extent authorized by federal law; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning benefits provided to pregnant women and children through Medicaid and children’s health insurance program. (BDR 38‑490)”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Assemblywoman Freeman moved that Assembly Bill No. 5 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. 28.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 126.
Amend section 1, page 1, by deleting line 8 and inserting:
“4. Shall, on or before March 1, 2001, prepare”.
Amend section 1, page 1, by deleting lines 10 and 11 and inserting:
“enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislative counsel bureau for”.
Amend section 1, page 1, line 12, by deleting “next regular” and inserting “71st”.
Amend the title of the bill by deleting the second and third lines and inserting:
“public safety to prepare and submit a report to the legislature concerning the administration and enforcement of certain provisions”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 32.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 117.
Amend section 1, page 1, line 12, by deleting “1999,” and inserting “2001,”.
Amend section 1, page 2, line 1, by deleting “2000,” and inserting “2002,”.
Amend section 1, page 2, line 6, by deleting “2001,” and inserting “2003,”.
Amend section 1, page 2, line 10, by deleting “2002,” and inserting “2004,”.
Amend section 1, page 2, line 15, by deleting “2003,” and inserting “2005,”.
Amend section 1, page 2, line 19, by deleting “2004,” and inserting “2006,”.
Amend section 1, page 2, line 23, by deleting “2005,” and inserting “2007,”.
Amend section 1, page 2, line 28, by deleting “2006,” and inserting “2008,”.
Amend section 1, page 2, line 33, by deleting “2007,” and inserting “2009,”.
Amend the bill as a whole by deleting sec. 3.
Amend the title of the bill, first line, after “taxation;” by inserting “prospectively”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Assemblyman Goldwater moved that Assembly Bill No. 32 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. 34.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 95.
Amend sec. 2, page 2, line 22, by deleting “1999.” and inserting “2001.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Assemblywoman Chowning moved that Assembly Bill No. 34 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. 50.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 89.
Amend sec. 4, page 1, line 8, by deleting:
“and “family division” mean” and inserting “means”.
Amend sec. 5, page 1, line 16, by deleting “family” and inserting “district”.
Amend sec. 5, page 2, line 1, by deleting “family” and inserting “district”.
Amend sec. 5, page 2, line 6, by deleting “family” and inserting “district”.
Amend sec. 5, page 2, line 10, by deleting “family” and inserting “district”.
Amend sec. 5, page 2, line 16, by deleting “family” and inserting “district”.
Amend sec. 5, page 2, line 18, by deleting “family” and inserting “district”.
Amend the title of the bill to read as follows:
“AN ACT relating to the court system; revising the provisions relating to the authority of a chief judge in a judicial district that includes a county whose population is 100,000 or more; providing for the establishment of procedures for addressing certain grievances of parties in such a judicial district; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to authority of chief judges in certain judicial districts. (BDR 1-374)”.
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. 59.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 128.
Amend section 1, page 2, by deleting lines 36 and 37 and inserting:
“(a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue”.
Amend sec. 3, page 5, by deleting lines 12 through 17 and inserting:
“4. A person who violates any provision of this section is guilty of a misdemeanor and shall be punished:
(a) Upon the first offense, by a fine of $100.
(b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.
(c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.”.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 95.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 170.
Amend sec. 3, page 1, line 16, after “property.” by inserting:
“The basis for the computation of the assessments must be the frontage or another uniform and quantifiable basis.”.
Amend the bill as a whole by renumbering sec. 8 as sec. 9 and adding a new section designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. NRS 271.357 is hereby amended to read as follows:
271.357 1. The governing body of each municipality which creates an improvement district [may] shall establish a procedure to allow a person whose property will be included within the boundaries of the district to apply for a hardship determination.
2. The procedure must include the referral of applications to an appropriate social services agency within the local government for evaluation. The agency shall consider each application on the basis of ability to pay the assessments attributable to the applicant’s property and render a recommendation of approval or disapproval to the governing body.
3. The procedure must include a requirement for renewal of the hardship determination as often as the governing body deems necessary. An application for the renewal of a hardship determination must be treated in a manner that is similar to the evaluation and approval required for an initial determination.”.
Amend the title of the bill by deleting the second and third lines and inserting:
“district for a street beautification project; requiring the governing body of a municipality which creates an improvement district to establish a procedure for hardship determinations; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing local improvement districts. (BDR 21‑542)”.
Assemblyman Lee moved the adoption of the amendment.
Remarks by Assemblyman Lee.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 109.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 130.
Amend sec. 2, page 2, by deleting lines 30 through 39 and inserting:
(a) Prevent the commissioner or director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.
(b) Apply to a person who is subject to an order issued pursuant to subsection 5 of NRS 598.0971.”.
Amend the title of the bill to read as follows:
“AN ACT relating to deceptive trade practices; requiring the commissioner to make public, upon request, any assurance of discontinuance accepted by the commissioner or the director; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 119.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 121.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall appoint a subcommittee to conduct an interim study concerning the statutory limitation on damages that may be awarded to a person in a tort action against the State of Nevada or any of its political subdivisions, or a present or former officer or employee of this state or any political subdivision, or an immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment.
2. In addition to legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee. The advisory committee must include, without limitation:
(a) One representative from the Office of the Attorney General;
(b) One representative from the Division of Insurance of the Department of Business and Industry;
(c) One representative from the League of Cities;
(d) One representative from the League of Counties;
(e) One representative from the Nevada Association of Counties;
(f) One representative from the Nevada Trial Lawyers’ Association;
(g) One resident of Clark County;
(h) One resident of Washoe County; and
(i) One resident of a rural county of this state.
3. The study must include, without limitation, an analysis of whether it is appropriate to change the current statutory limitation on damages set forth in NRS 41.035 with consideration to the potential effects of changing the limitation, including, without limitation, the potential fiscal impact of any such change and the potential effect that such a change would have on injured plaintiffs.
4. Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee.
5. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.
Sec. 2. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, The State of Nevada, by waiving its sovereign immunity, allows monetary damages to be awarded to a person in a tort action against the State of Nevada or any of its political subdivisions, or a present or former officer or employee of the State of Nevada or any political subdivision, or an immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment; and
Whereas, The current statutory limit on the amount of damages that may be awarded to a plaintiff in such a tort action has not been increased since 1979; and
Whereas, Persons injured in this state may not be adequately compensated for injuries caused to them by the State of Nevada or its political subdivisions because of the current limitation on damages; and
Whereas, Before changing the statutory limit on the amount of damages that may be awarded in such cases, it is also necessary to consider the fiscal impact on the State of Nevada and its political subdivisions; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to sovereign immunity; directing the Legislative Commission to conduct an interim study concerning the statutory limitation on damages that may be awarded to a person in a tort action against the State of Nevada, its political subdivisions or certain other persons; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Commission to conduct interim study concerning statutory limitation on damages that may be awarded to person in tort action against State of Nevada, its political subdivisions or certain other persons. (BDR S-514)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 119 be re-referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Elections, Procedures, and Ethics.
Assembly Bill No. 167.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 279.
Amend section 1, page 1, by deleting lines 14 and 15 and inserting:
“(d) A facility funded by [the welfare] adivision or [the mental hygiene and mental retardation division] program of the department of human resources.”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 169.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 262.
Amend section 1, page 1, by deleting lines 14 through 19 and inserting:
“(a) A line [on which to enter the number on] for use by the county clerk to enter:
(1) The first two letters of the name of the county in which the voter is applying to vote;
(2) The first two letters of the last name of the voter;
(3) A six-digit number composed of the last two digits of the year of the birth of the voter, followed by two digits representing the month of the birth of the voter followed by two digits representing the day of the birth of the voter; and
(4) The last
four digits of the voter’s social
security [card,
driver’s license or identification card issued by the department of motor
vehicles and public safety.] number if provided by the voter without objection.
If the last four digits of the social security number are not provided by the
voter, a four-digit number assigned by the county clerk.”.
Amend the bill as a whole by deleting sections 2 and 3.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; revising the provisions governing the form for an application to register to vote; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing form for application to register to vote. (BDR 24‑869)”.
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. 179.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 235.
Amend section 1, page 1, line 5, by deleting “structure or” and inserting “structure”.
Amend section 1, page 1, by deleting lines 6 through 9 and inserting:
“refrigerator or for a device used for cooling and heating unless the product complies with one of the following measures of flammability:”.
Amend section 1, page 1, line 10, by deleting “(1)” and inserting “(a)”.
Amend section 1, page 1, line 12, by deleting “(2)” and inserting “(b)”.
Amend section 1, page 1, line 14, by deleting “(3)” and inserting “(c)”.
Amend section 1, page 1, line 15, by deleting “(4)” and inserting “(d)”.
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 188.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 282.
Amend section 1, page 2, by deleting lines 16 through 43 and inserting:
“(d) Falsification of the application;] The department may deny the issuance of, suspend or revoke a license to engage in the activities of a broker of vehicles upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) Conviction of a felony in this state or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or licensee.
(e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6 . [; or]
(f) Willful failure to comply with a provision of the motor vehicle laws of this state or a directive of the director. For the purpose of this paragraph, failure to comply with a directive of the director advising the licensee of his noncompliance with a provision of the motor vehicle laws of this state or a regulation of the department, within 10 days after the receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
(g) Failure or refusal to furnish and keep in force any bond.
(h) Failure on the part of the licensee to maintain a fixed place of business in this state.
(i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.”.
Amend section 1, page 3, line 1, by deleting “(i)” and inserting “(j)”.
Amend section 1, page 3, line 3, by deleting “(j)” and inserting “(k)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 189.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 229.
Amend the bill as a whole by renumbering sections 6 through 10 as sections 7 through 11 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in subsections 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:
(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),
of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.
4. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.
5. The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
6. A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.”.
Amend sec. 6, page 5, line 24, after “NRS” by inserting “286.470,”.
Amend the bill as a whole by renumbering sections 11 through 13 as sections 13 through 15 and adding a new section designated sec. 12, following sec. 10, to read as follows:
“Sec. 12. NRS 286.677 is hereby amended to read as follows:
286.677 If payments or refunds are not made under the provisions of NRS 286.673, 286.674 or 286.676 , the dependent parent of a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, and if there are two dependent parents each is entitled to receive a cumulative benefit of at least [$350] $400 per month. Payments to any parent under this section must cease upon the death or remarriage of that parent.”.
Amend sec. 12, page 8, line 29, by deleting “7” and inserting “8”.
Amend sec. 13, page 8, line 32, by deleting “12,” and inserting “14,”.
Amend the title of the bill, fifth line, after the semicolon by inserting:
“authorizing a public employer to contribute to a retirement fund that is not a part of the system on behalf of certain retired employees;”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 189 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. 202.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 53.
Amend sec. 2, page 2, line 9, by deleting “Monuments” and inserting:
“[Monuments] Except as otherwise provided in subsection 3, monuments”.
Amend sec. 2, page 2, by deleting lines 17 through 24 and inserting:
“3. Except as otherwise provided in subsection 4, if a monument cannot be set or reset because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of construction or maintenance, one or more reference monuments, as defined in NRS 329.120, must be set. In addition to the requirements for a monument set forth in subsections 1 and 2, the letters “RM” must be stamped in the tablet, disc or cap of the reference monument. One reference monument may be used if it is set on the actual line or a prolongation thereof. In all other cases, at least two reference monuments must be used. If the reference monuments do not appear on a record of survey filed in accordance with the provisions of NRS 625.340 to 625.380, inclusive, a corner record must be filed pursuant to chapter 329 of NRS.
4. The provisions of subsection 3 do not apply if federal law prohibits the destruction or removal of a monument.”.
Amend sec. 3, page 2, by deleting line 33 and inserting:
“surveyor who acts in accordance with NRS 625.380.”.
Amend sec. 4, page 3, by deleting line 13 and inserting:
“surveyor who acts in accordance with NRS 625.380.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:13 p.m.
ASSEMBLY IN SESSION
At 12:14 p.m.
Madam Speaker pro Tempore presiding.
Quorum present.
Assembly Bill No. 238.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 163.
Amend sec. 5, page 2, line 8, by deleting ““Poor reproductive” and inserting ““Adverse birth”.
Amend sec. 7, page 2, line 14, by deleting “poor reproductive” and inserting “adverse birth”.
Amend sec. 8, page 2, by deleting lines 18 through 36 and inserting:
“Sec. 8. 1. The chief administrative officer of each hospital and obstetric center or his representative shall:
(a) Maintain and make available to the state health officer or his representative a list of:
(1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes; and
(b) Make available to the state health officer or his representative the records of the hospital or obstetric center regarding:
(1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes.
2. The name of a patient must remain on the list required to be maintained by subsection 1 for at least 5 years after the patient is discharged from the hospital or obstetric center.”.
Amend sec. 8, page 2, after line 40, by inserting:
“4. As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.”.
Amend sec. 9, page 3, by deleting lines 1 and 2 and inserting:
“(a) To investigate the causes of birth defects and other adverse birth outcomes;”.
Amend sec. 9, page 3, line 4, by deleting “poor reproductive” and inserting “adverse birth”. Amend sec. 9, page 3, line 12, before “approved” by inserting “authorized and”.
Amend sec. 9, page 3, line 22, by deleting “poor reproductive” and inserting “adverse birth”.
Amend sec. 10, page 3, line 30, by deleting “each” and inserting “the”.
Amend sec. 10, page 3, line 34, by deleting “research.” and inserting:
“research obtained by the person given access, based upon information in the system.”.
Amend the bill as a whole by renumbering sections 11 through 17 as sections 14 through 20 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:
“Sec. 11. NRS 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. “Advisory board” means the advisory board on maternal and child health.
2. “Department” means the department of human resources.
3. “Director” means the director of the department of human resources.
4. “Health division” means the health division of the department of human resources.
5. “Obstetric center” has the meaning ascribed to it in NRS 449.0155.
Sec. 12. NRS 442.040 is hereby amended to read as follows:
442.040 1. Any physician, midwife, nurse, [maternity
home] obstetric center or hospital of any nature,
parent, relative or person attendant on or assisting in any way whatever any
infant, or the mother of any infant, at childbirth, or any time within 2 weeks
after childbirth, knowing the condition defined in NRS 442.030 to exist, shall
immediately report such fact in writing to the local health officer of the
county, city or other political subdivision within which the infant or the
mother of any infant may reside.
2. Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physician’s instructions.
3. On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of the infant, and shall, for indigent cases, provide the necessary treatment at the expense of the county, city or other political subdivision.
Sec. 13. NRS 442.110 is hereby amended to read as follows:
Amend sec. 11, page 3, line 40, by deleting “maternity home” and inserting:
“[maternity home] obstetric center”.
Amend sec. 11, page 4, line 4, by deleting “maternity home” and inserting:
“[maternity home] obstetric center”.
Amend the title of the bill, third line, by deleting “poor reproductive” and inserting “adverse birth”.
Amend the summary of the bill by deleting the second and third lines and inserting:
“analysis of information concerning birth defects and other adverse birth outcomes.
(BDR 40-72)”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 250.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 164.
Amend section 1, page 1, line 9, by deleting “provide for” and inserting “facilitate”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 252.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 136.
Amend section 1, page 2, by deleting lines 21 through 28 and inserting:
“6. If the ownership of the land upon which a lien is imposed pursuant to subsection 5 is severed from the ownership of the right to use the water, the lien remains in effect on the land until:
(a) The place of use of the water is changed to:
(1) Land upon which a lien is imposed pursuant to subsection 5, if such change is in accordance with applicable statutes and regulations; or
(2) Stream systems where a decree of court has been entered, if that change is in accordance with the decree or any rules adopted pursuant to the decree; or
(b) The owner of the right to use the water enters into a written agreement with the irrigation district for the payment of assessments, tolls or charges required pursuant to this section. Except as otherwise provided in this paragraph, the payment must be secured by the right to use the water in a manner that is satisfactory to the irrigation district. If the owner of the right to use the water is the Federal Government or one of its agencies, or the State of Nevada or one of its agencies or political subdivisions, the agreement is not required to be secured in such a manner.”.
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 271.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 186.
Amend section 1, page 1, line 2, by deleting “6,” and inserting “7,”.
Amend sec. 2, page 1, line 3, by deleting “6,” and inserting “7,”.
Amend sec. 2, page 1, lines 4 and 5, by deleting:
“3 and 4” and inserting:
“3, 4 and 5”.
Amend the bill as a whole by renumbering sections 3 through 9 as sections 4 through 10 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. “Consignee” means any person licensed pursuant to this chapter to sell or lease vehicles, or any person who holds himself out as being in the business of selling, leasing or consigning vehicles.”.
Amend sec. 3, page 1, lines 8 and 9, by deleting:
“allows another person” and inserting:
“authorizes a consignee”.
Amend sec. 4, page 2, line 2, by deleting “an agent” and inserting “a consignee”.
Amend sec. 6, page 2, by deleting lines 19 and 20 and inserting:
“Sec. 7. 1. A consignee of a vehicle shall, upon entering”.
Amend sec. 6, page 3, line 12, after “operated” by inserting:
“by the consignee, an employee or agent of the consignee, or a prospective buyer”.
Amend sec. 6, page 3, line 21, by deleting:
“dealer or rebuilder” and inserting “consignee”.
Amend sec. 6, page 3, line 36, by deleting:
“dealer or rebuilder” and inserting “consignee”.
Amend sec. 6, page 4, by deleting lines 1 and 2 and inserting:
“be punished in accordance with NRS 205.300. The court shall, in addition to”.
Amend sec. 7, page 4, line 7, by deleting “6” and inserting “7”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 287.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 250.
Amend the bill as a whole by deleting sections 1 through 5 and renumbering sections 6 and 7 as sections 1 and 2.
Amend the bill as a whole by deleting sec. 8.
Amend the title of the bill to read as follows:
“AN ACT relating to eminent domain; revising the date of valuation used to assess the amount of compensation and damages awarded in an action relating to eminent domain; revising a provision governing the amount of interest a plaintiff must pay on the final judgment in an action relating to eminent domain; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing awards in actions relating to eminent domain. (BDR 3-729)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 287 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. 289.
Bill read second time and ordered to third reading.
Assembly Bill No. 296.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 179.
Amend section 1, page 2, by deleting lines 7 through 11 and inserting:
“(1) The [percentage of private land controlled by the applicant;
(2) The portion of the population of elk above the target level for elk established by the land management agency; and
(3)] number of elk using private land controlled by the applicant;
(2) The number of days the elk use private lands of the applicant in a calendar year;
(3) The total number of elk; and
(4) Limiting the number of special incentive elk tags issued in each”.
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 303.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 228.
Amend section 1, page 1, line 13, by deleting “A” and inserting:
“Except as otherwise provided in subsection 4, a”.
Amend section 1, page 2, by deleting lines 3 through 11 and inserting:
“(a) He applies to the board for disability retirement and the board approves his application;
(b) In lieu of a disability retirement allowance, he accepts another position with the public employer with which he was employed when he became disabled as soon as practicable but not later than 90 days after the board approves his application for disability retirement;
(c) He remains continuously employed by that public employer until he becomes eligible for retirement pursuant to subsection 2; and
(d) After he accepts a position pursuant to paragraph (b), his contributions are paid at the rate that is actuarially determined for police officers and firemen until he becomes eligible for retirement pursuant to subsection 2.
4. If a police officer or fireman who accepted another position with the public employer with which he was employed when he became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, he may begin to receive a disability retirement allowance without further approval by the board by notifying the board on a form prescribed by the board.”.
Amend section 1, page 2, line 12, by deleting “4.” and inserting “5.”.
Amend section 1, page 2, line 15, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 2, line 32, by deleting “5” and inserting “6”.
Assemblyman Lee moved the adoption of the amendment.
Remarks by Assemblyman Lee.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 333.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 334.
Amend sec. 2, page 1, line 13, by deleting:
“act [, or];” and inserting:
“act, [or]other than an unlawful act described in paragraph (c);”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 333 be placed on the Chief Clerk’s desk.
Motion carried.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.
Assembly Bill No. 339.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 247.
Amend section 1, page 1, line 3, by deleting “or register” and inserting:
“,register or enforce”.
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. 375.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 209.
Amend section 1, page 1, line 2, by deleting:
“2, 3 and 4” and inserting:
“2 and 3”.
Amend sec. 2, page 2, by deleting lines 1 through 11 and inserting:
“(d) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association; or
(e) Instruments in which the county is authorized by NRS 355.170 to invest.”.
Amend sec. 2, page 2, by deleting lines 20 through 24 and inserting:
“be at least 102 percent of the amount of the county treasurer’s deposit with the depository bank, credit union or association.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 24 as sections 3 through 23.
Amend sec. 12, page 5, lines 28 and 29, by deleting:
“2, 3 and 4” and inserting:
“2 and 3”.
Amend sec. 17, page 9, line 26, before “equal” by inserting “approximately”.
Amend sec. 18, page 11, by deleting lines 7 through 12 and inserting:
“treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.”.
Assemblyman Lee moved the adoption of the amendment.
Remarks by Assemblyman Lee.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 382.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 178.
Amend section 1, page 2, by deleting line 6 and inserting:
“schools for the establishment of programs for peer mediation and conflict resolution and the expansion of existing programs for peer mediation and conflict”.
Amend sec. 2, page 2, by deleting lines 9 and 10 and inserting:
“appropriated by section 1 of this act to award grants to schools for the establishment of programs for peer mediation and conflict resolution and the expansion of existing programs for peer mediation and conflict resolution. The”.
Amend the title of the bill, second line, by deleting:
“that have established” and inserting:
“for the establishment and expansion of”.
Amend the summary of the bill, second line, by deleting:
“that have established” and inserting:
“for establishment and expansion of”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to Concurrent Committee on Ways and Means.
Assembly Bill No. 444.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 224.
Amend sec. 13, page 4, line 24, by deleting “25,” and inserting “26,”.
Amend the bill as a whole by renumbering sections 26 and 27 as sections 28 and 29 and adding new sections designated sections 26 and 27, following sec. 25, to read as follows:
“Sec. 26. The provisions of NRS 293C.356 to 293C.361, inclusive, apply to a city only if the governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110.
Sec. 27. NRS 293C.110 is hereby amended to read as follows:
293C.110 1. [The] Except as otherwise provided in subsection 2, conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.
2. The governing body of the city shall provide for:
(a) Absent ballots to be voted in a city election pursuant to NRS 293C.305 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive; and
(b) The conduct of:
(1) Early voting by personal appearance in a city election [may be conducted] pursuant to [the provisions of] NRS 293C.356 to 293C.361, inclusive[.] , and section 26 of this act;
(2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327; or
(3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).”.
Amend the bill as a whole by deleting sec. 28 and renumbering sec. 29 as sec. 30.
Amend the bill as a whole by deleting sec. 30.
Amend sec. 33, page 12, by deleting lines 18 and 19 and inserting:
“293C.327 1. If
[a]
:
(a)
A request for an absent ballot is made by a registered voter in
person [,]
; and
(b) The governing body of the city, pursuant to paragraph (b) of subsection 2 of NRS 293C.110, has provided for voting by absent ballot in person,
the city clerk shall issue an absent ballot to the registered”.
Amend sec. 33, page 12, line 23, by deleting:
“At least [25]” and inserting:
“[At least 25] If the governing body of the city has provided for voting by absent ballot in person pursuant to paragraph (b) of subsection 2 of NRS 293C.110, at least”.
Amend sec. 34,
page 12, line 34, by deleting “two [co-chairmen” and
inserting “[two
co-chairmen”.
Amend sec. 34, page 12, line 37, after the closed bracket by inserting “three”.
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. 452.
Bill read second time and ordered to third reading.
Assembly Bill No. 465.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 226.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 2, by deleting lines 16 and 17 and inserting:
“Census of the United States Department of Commerce, because of changes in applicable law [,]or because the board of county commissioners decided to revise those districts pursuant to subsection 4, the”.
Amend sec. 2, page 2, after line 30, by inserting:
“3. As soon as possible after the data from each decennial census taken by the Bureau of the Census of the United States Department of Commerce is made available to the county, the board of county commissioners shall revise the county commissioner election districts by establishing new county commissioner election districts or adjusting the boundaries of the existing county commissioner election districts to the extent necessary to ensure the county commissioner election districts are as nearly equal in population as practicable.
4. During the fourth calendar year after the year in which the data from the decennial census is made available to the county, the board of county commissioners may revise the county commissioner election districts by establishing new county commissioner election districts or by adjusting the boundaries of the existing county commissioner election districts to the extent necessary to ensure the county commissioner election districts are as nearly equal in population as practicable if:
(a) The population in any district exceeds the population in any other district by more than 10 percent pursuant to estimates of population prepared by an employee of the county in consultation with the demographer employed by the department of taxation pursuant to NRS 360.283; and
(b) The measure of population used in paragraph (a) is found to be reliable by the board of county commissioners.
5. If the board of county commissioners revises the county commissioner election districts pursuant to subsection 4, the revisions must be based on a special census conducted pursuant to NRS 244.183 or other legally acceptable enumeration of population.
6. Any county commissioner election district established or adjusted pursuant to this section must be composed of entirely contiguous territory, be as compact as practicable and preserve natural, political and traditional representation.
7. This section does not authorize an increase or decrease in the number of county commissioner election districts in a county.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to county commissioners; authorizing additional redistricting of county commissioner election districts; and providing other matters”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes additional redistricting of county commissioner election districts. (BDR 20‑1431)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 465 be re-referred to the Committee on Elections, Procedures, and Ethics.
Bill ordered reprinted, engrossed and to the Committee on Elections, Procedures, and Ethics.
Assembly Bill No. 481.
Bill read second time and ordered to third reading.
Assembly Bill No. 518.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 263.
Amend section 1, pages 2 and 3, by deleting lines 36 through 41 on page 2 and lines 1 and 2 on page 3 and inserting:
“function to which every legislator was invited. For the purposes of this subsection, “function” means a party, meal or”.
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. 545.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 248.
Amend section 1, page 1, line 2, by deleting “For” and inserting:
“[For]Except as otherwise provided in subsection 3, for”.
Amend section 1, page 1, line 6, by deleting “$154” and inserting “$150”.
Amend section 1, page 1, line 12, by deleting “$33” and inserting “$35”.
Amend section 1, page 2, line 1, by deleting “$7.16” and inserting “$7.10”.
Amend section 1, page 2, line 3, by deleting “$5.37” and inserting “$5.32”.
Amend section 1, page 2, line 6, by deleting “$4.48” and inserting “$4.43”.
Amend section 1, page 2, line 9, by deleting “$3.58” and inserting “$3.55”.
Amend section 1, page 3, by deleting lines 34 through 38 and inserting:
“court in a criminal proceeding, each reporter is entitled to receive [the] :
(a) Thefees set forth in paragraphs (a) and (b) of subsection 1, as appropriate [. Each reporter in a criminal proceeding is entitled to receive an additional] ; and
(b) Afee equal to one-half of [the fee to which he is entitled pursuant to paragraph (c) of subsection 1] $3.55 per page for the original draft and one copy, and one-half of 55 cents per page for each additional copyfor transcribing a proceeding of which the transcripts are”.
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. 624.
Bill read second time and ordered to third reading.
Assembly Bill No. 645.
Bill read second time and ordered to third reading.
Assembly Bill No. 670.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 6.
Resolution read second time.
The following amendment was proposed by the Committee on Constitutional Amendments:
Amendment No. 116.
Amend the resolution, page 2, line 1, by deleting “incarceration” and inserting:
“all obligations of incarceration and restitution”.
Amend the title of the resolution, third line, by deleting:
“incarceration” and inserting:
“all obligations of incarceration and restitution”.
Amend the summary of the resolution, second line, by deleting:
“incarceration” and inserting:
“all obligations of incarceration and restitution”.
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 19.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 259.
Amend the resolution, page 2, between lines 12 and 13, by inserting:
“Resolved, That the Nevada Legislature strongly supports Alternative 1, the “No Action” alternative, as described in the draft Environmental Impact Statement on Surface Management Regulations and Locatable Mineral Operations, to maintain the existing 3809 Regulations without revision or modification; and be it further”.
Amend the preamble of the resolution, page 1, before line 1, by inserting:
“Whereas, Mining is of critical importance to Nevada and its rural communities as a significant contributor to this state’s economy; and
Whereas, The “Nevada model” of regulating the mineral industry is known and respected industrywide because it balances the global needs for natural resources with related environmental concerns and the economic needs of private business, thereby resulting in an environmentally healthy state with a viable and responsible mineral industry that uses state-of-the-art technology; and”.
Amend the preamble of the resolution, page 2, line 3, after “having the” by inserting “successful”.
Amend the preamble of the resolution, page 2, line 5, by deleting “lands;” and inserting:
“lands, thereby imposing significantly detrimental impacts on the mineral industry and the State of Nevada;”.
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 20.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 260.
Amend the resolution, page 2, by deleting lines 19 through 21 and inserting:
“Resolved, That if the United States Environmental Protection Agency does not remove the mining industry from the reporting requirements of the Toxic Release Inventory, the Nevada Legislature strongly urges the Agency to develop a separate form of reporting requirements that have a direct application to the processing of minerals and exclude naturally”.
Amend the resolution, page 2, lines 27 and 28, by deleting:
“potentially toxic elements,” and inserting “reportable chemicals,”.
Amend the preamble of the resolution, pages 1 and 2, by deleting lines 3 through 19 on page 1 and lines 1 through 8 on page 2, and inserting:
“chemical hazards in their area by requiring certain businesses to report the locations and quantities of designated chemicals stored on-site to federal, state and local governments; and
Whereas, Section 313 of the Emergency Planning and Community Right-To-Know Act specifically requires certain manufacturers to report annually releases into the environment of more than 600 designated chemicals as part of the Toxics Release Inventory which is made available on the Internet to the public by the United States Environmental Protection Agency; and
Whereas, The United States Environmental Protection Agency has expanded the Inventory report to include the mining industry and other nonmanufacturing industrial sectors; and
Whereas, Many of the chemicals that must be reported in the Inventory are naturally occurring elements in the earth’s crust and may be reportable by the mining industry in Nevada by mere virtue of handling and moving these elements in standard mining and ore processing activities; and
Whereas, The current reporting requirements of the Inventory were developed for application to the manufacturing industry which brings these chemicals to the manufacturing site and releases them into the environment, and are not appropriate to apply to the mining industry where the risk to public safety is very low; and”.
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Bill No. 278.
Bill read second time and ordered to third reading.
Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:49 p.m.
ASSEMBLY IN SESSION
At 1:00 p.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Assembly Bill No. 51.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 51:
Yeas—41.
Nays—None.
Excused—de Braga.
Assembly Bill No. 51 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 74.
Bill read third time.
Remarks by Assemblymen Thomas, Koivisto, Humke, Tiffany, Bache, Von Tobel, Parks, Perkins, Segerblom, Giunchigliani, Mortenson, Beers, Williams and Anderson.
Potential conflict of interest declared by Assemblymen Koivisto, Parks, Segerblom, Williams and Anderson.
Conflict of interest declared by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 74:
Yeas—29.
Nays—Angle, Brower, Carpenter, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany—10.
Not Voting—Evans, Von Tobel—2.
Excused—de Braga.
Assembly Bill No. 74 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 268.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 268:
Yeas—41.
Nays—None.
Excused—de Braga.
Assembly Bill No. 268 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 309.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 309:
Yeas—41.
Nays—None.
Excused—de Braga.
Assembly Bill No. 309 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 311.
Bill read third time.
Remarks by Assemblymen Parks, Giunchigliani.
Roll call on Assembly Bill No. 311:
Yeas—30.
Nays—Angle, Beers, Berman, Cegavske, Collins, Gustavson, Hettrick, Humke, Lee, Tiffany, Von Tobel—11.
Excused—de Braga.
Assembly Bill No. 311 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 15.
Resolution read third time.
Remarks by Assemblywoman Freeman.
Roll call on Assembly Joint Resolution No. 15:
Yeas—41.
Nays—None.
Excused—de Braga.
Assembly Joint Resolution No. 15 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Joint Resolution No. 5 of the 69th Session.
Resolution read third time.
Remarks by Assemblymen Price, Hettrick, Evans, Bache, Von Tobel, Collins, Giunchigliani, Manendo, Humke, Perkins and Anderson.
Assemblymen Anderson, Nolan, and Angle moved the previous question.
Motion carried.
The question being on the passage of Assembly Joint Resolution No. 5 of the 69th Session.
Roll call on Assembly Joint Resolution No. 5 of the 69th Session:
Yeas—23.
Nays—Angle, Beers, Brower, Buckley, Carpenter, Cegavske, Claborn, Evans, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Marvel, Perkins, Thomas, Tiffany, Von Tobel—18.
Excused—de Braga.
Assembly Joint Resolution No. 5 of the 69th Session having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 113, 127, 128; Assembly Concurrent Resolutions Nos. 21, 40; Senate Bill No. 158; Senate Concurrent Resolution No. 26.
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 Chris Stay, Kristyne Hughes, Harlina Hughes and Gary Wolff.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Jean Glantz, Connie Jean Waltz and Katheryne Jean Waltz Glantz.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Raina Ann Arberry and Kimberly Owens.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Jack Woodcock.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Van Wagoner, Carolyn Edwards and Bea Soares.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Coles.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to John Sanderson.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Anson Aninao, Brian Annis, Nicole Belancio, Brian Biagi, Ross Brown, Mitch Brown, Anthony Campanaro, Erica Christensen, Melinda Cowan, Brooke Darkis, Ryan Donahue, Larisa Ediss, Laura Enos, Chelsey Galli, Elizabeth Harlow, Giselle Howard, Kimberly Jamieson, Taryn Kammerzell, Jennifer Laird, Dante Licata, Megan Long, Jordan McDermid, Trenton McElhinney, Erik McKee, Rachel Parker, Jaysen Reel, Luis Rodriguez, Lauren Salgo, Megan Schroader, Joelle Sebaaly, Kali Williams, Sabrina Andersen, Jared Baker, Kevan Bingham, Andrea Bouweraerts, Bradley Bus, Kristine Cagney, Charles Campbell, Alex Carpenter, Rachel Christian, Mark Cukrov, Christopher Dietrich, Kristina Harvey, Natalie Kaye, Remy Lunceford, Andrew Mathis, Chelsea McCarty, Michael Nelson, John Popko, Luke Scott, Matthew Seymour, Kaitlyn Shackelton, Adam Shochat, Neiloy Sircar, Jasmine Sotoodeh, Caroline Spicer, Courtne Throgmorton, Richelle Toriyama, Steven Towell, Alexandra Vandergon, Laura Rice, Bridget Ryan, Sherri Long, Marcie Cowan, Lauren Jamieson, Janet Bowneraerts, Tammie Cagney, Mary Nelson, Tim Riley, Diana Ghio and Marlene Cate.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Andrea Jydstrup.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Jimmy Kenney and Stephen Kenney.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Jacqueline Slagle and Patrick Slagle.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Emily Kenney and Tim Hughes.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Trish Rippie.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Jonathan Hughes, Cassey Hughes and Todd Ellison.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Gay Ellen Kenney, Kathleen Anne Hughes and James Shawn Kenney.
Assemblyman Perkins moved that the Assembly adjourn until Friday, April 2, 1999, at 10:30 a.m.
Motion carried.
Assembly adjourned at 1:54 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon