THE SIXTY-SIXTH DAY
Carson City (Wednesday), April 7, 1999
Assembly called to order at 11:37 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Minister Tom Rahme.
O God, Our God, we see the heavens and earth as Your handiwork. Lord, You are wisdom; You are power; and yet, You are loving, caring, warm and personal. We pray, Lord, that You would be especially near this Assembly today and that You would bless each and every one of them and that You would bless their efforts. Lord, we ask this in Your Son’s 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 was referred Assembly Bill No. 532, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 39, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 200, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 141, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 519, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 622, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 199, 574, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 247, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Assembly Bill No. 393, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 6, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 285, 339, 352, 494, 533; Assembly Joint Resolution No. 23.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 291.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 44.
Also, I have the honor to inform your honorable body that the Senate on this day adopted, as amended, Senate Concurrent Resolution No. 14.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Evans, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 45—Commending the Reno Chamber Orchestra for 25 years of contribution to the arts in the State of Nevada.
Whereas, The Reno Chamber Orchestra is celebrating 25 years of inspired musical performances of repertoire written for the smaller, more intimate orchestra; and
Whereas, The Reno Chamber Orchestra has added immeasurably to the cultural life of the residents of the Truckee Meadows and Northern Nevada; and
Whereas, The Reno Chamber Orchestra has provided a forum for the extraordinary wealth of musical talent in the Reno area and for nationally and internationally recognized artists, including showcasing the musical compositions of Reno composers by performing their works; and
Whereas, The two December performances of Handel’s Messiah by this talented orchestra have become a family Christmas tradition for many Northern Nevadans; and
Whereas, Through its annual College Concerto Competition, the only one of its kind in the State of Nevada, the Reno Chamber Orchestra continues to foster the careers of young, aspiring musicians enrolled in the University of Nevada or Nevada residents enrolled full time in a university elsewhere, including allowing the winner the opportunity to perform with the Reno Chamber Orchestra; and
Whereas, The Reno Chamber Orchestra makes all performances accessible to young music students from public schools by encouraging businesses to support the arts through the underwriting of student ticket costs; and
Whereas, By traveling to rural Nevada communities, the Reno Chamber Orchestra brings chamber music performances to communities that would not otherwise have access to performances by such a professional orchestra; and
Whereas, The Reno Chamber Orchestra has demonstrated its support for showcasing Reno as an arts community by participating in Uptown, Downtown, ARTown, Reno’s annual summer arts festival, by holding two free concerts for the community; and
Whereas, The hard work and loyal support of Amici della Musica, a dedicated group of volunteers who have helped raise money for the orchestra, is invaluable to the success of the orchestra and is greatly appreciated by the Board of Directors and musicians of the Reno Chamber Orchestra; and
Whereas, The vision and leadership of Maestro Vahe Khochayan, and 8 of the original 20 accomplished musicians still playing this 1998-1999 Silver Anniversary season, including Maestro Khochayan, Jack Beck, Katherine Jerome, Valerie Nelson, Lani Oelrich, Marilyn Sevilla-Gunther, Eileen Tibbits and Ginny Tilton, have served to enrich the cultural lives of Northern Nevadans; and
Whereas, The members of the Reno Chamber Orchestra enhance the quality of musical instruction in Washoe County schools and educate the young people of Northern Nevada in the enjoyment of chamber orchestra music; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature do hereby commend and congratulate the Reno Chamber Orchestra for 25 years of contributions to the arts in the State of Nevada; and be it further
Resolved, That the Nevada Legislature does hereby applaud the artistic leadership and vision of Maestro Vahe Khochayan in bringing to the Reno area outstanding musicians who have become vital to the music programs of the public schools and the University of Nevada, including guest soloists who have greatly enhanced the musical performances of the Reno Chamber Orchestra; and be it further
Resolved, That the residents of the State of Nevada are hereby encouraged to take advantage of all opportunities to attend performances of the Reno Chamber Orchestra whenever possible; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Board of Directors of the Reno Chamber Orchestra.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblywoman Evans.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Evans:
ACR 45 recognizes and congratulates the Reno Chamber Orchestra as it concludes 25 years of performing outstanding chamber music.
We who live in Nevada accept many forms of entertainment as a way of life. We sometimes take for granted the kaleidoscope of performing arts activities. Although Broadway and Hollywood music often dominate the billboards and marquees of hotels and nightspots, we dare not overlook the array of music and musical talent that reside in our communities.
In speaking about Nevada’s quality of life, we acknowledge the enriching experiences of the opera, a philharmonic orchestra, and yes, a superlative chamber orchestra.
From 17th century French salons to modern times, chamber music has delighted generations of music lovers. In celebration of the silver anniversary of the Reno Chamber Orchestra, we pay tribute to the musicians who had a dream and courageously started the orchestra. We salute those who followed, giving their time and talent, and to the many volunteers and benefactors who provide resources and support services necessary to make the chamber orchestra a great success.
Clearly, leadership is an essential ingredient for success and the Reno Chamber Orchestra has had the good fortune to have the superior artistry of Maestro Vahe Khochayan.
It is altogether fitting and proper for the Nevada Legislature to pause this day and pay special tribute to the men and women of the Reno Chamber Orchestra.
Thank you for sharing your talent and for bringing joy to your listening audiences.
Resolution adopted unanimously.
Assemblywoman Evans moved that all rules be suspended and that Assembly Concurrent Resolution No. 45 be immediately transmitted to the Senate.
Motion carried unanimously.
Senate Concurrent Resolution No. 14.
Assemblyman Perkins moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
Assembly Concurrent Resolution No. 12.
Resolution read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 165.
Amend the resolution, page 2, by deleting lines 6 through 11.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 285.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 291.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 339.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 352.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 494.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 533.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 18.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 251.
Amend section 1, page 1, by deleting lines 5 and 6.
Amend section 1, page 1, line 7, by deleting “3.” and inserting “2.”.
Amend section 1, page 2, line 1, by deleting “4. The” and inserting:
“3. Upon receiving a referral from the State Bar of Nevada pursuant to subsection 4, the”.
Amend section 1, page 2, line 2, by deleting “shall” and inserting “may”.
Amend section 1, page 2, line 4, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, by deleting lines 5 and 6 and inserting:
“(a) Issue an order to cease and desist to a person whom it suspects of violating the provisions of this section;
(b) If a person to whom an order was issued pursuant to paragraph (a) refuses or fails to cease and desist, refer the person to the district attorney of the county in which it suspects the”.
Amend section 1, page 2, line 8, by deleting “(b)” and inserting “(c)”.
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. 138.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 135.
Amend section 1, page 2, by deleting lines 16 and 17 and inserting:
“a collision, accident or other casualty involving a vessel which results in death or substantial bodily injury and shall gather evidence to be used in the”.
Amend section 1, page 2, line 19, after the period by inserting:
“The division of wildlife may investigate or cause to be investigated a collision, accident or other casualty involving a vessel which does not result in death or substantial bodily injury and may gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty.”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 154.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 327.
Amend sec. 9, page 3, line 42, after “district.” by inserting:
“If a case described in this subsection is heard initially by a master, the recommendation, report or order of the master must be submitted to the district judge of the department of the family court to which the case has been assigned pursuant to this subsection for consideration and decision by that district judge.”.
Amend the bill as a whole by deleting sec. 11, renumbering sec. 10 as sec. 11 and adding a new section designated sec. 10, following sec. 9, to read as follows:
“Sec. 10. NRS 22.030 is hereby amended to read as follows:
22.030 1. [When] If a contempt is committed in the immediate view and presence of the court or judge at chambers, [it] the contempt may be punished summarily. [, for which] If the court or judge summarily punishes a person for a contempt pursuant to this subsection, the court or judge shall enter an order [shall be made, reciting] that:
(a) Recites the facts [as occurring in such] constituting the contempt in the immediate view and presence[, adjudging that] of the court or judge;
(b) Finds the person [proceeded against is thereby] guilty of [a contempt and that he be punished as therein prescribed.
2. When the] the contempt; and
(c) Prescribes the punishment for the contempt.
2. If a contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit [shall] must be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the masters or arbitrators.
3. [In all cases of contempt arising without] Except as otherwise provided in this subsection, if a contempt is not committed in the immediate view and presence of the court, the judge of [such] the court in whose contempt the [defendant] person is alleged to be shall not preside at [such] the trial of the contempt over the objection of the [defendant. This subsection shall not be construed or deemed to] person. The provisions of this subsection do not apply in [any] :
(a) Any case where a final judgment or decree of the court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof 10 years or more preceding the bringing of contempt proceedings for the violation of the judgment or decree.
(b) Any proceeding described in subsection 1 of NRS 3.223, whether or not a family court has been established in the judicial district.”.
Amend sec. 10, pages 4 and 5, by deleting lines 17 through 43 on page 4 and lines 1 through 12 on page 5, and inserting:
“1. In any action for divorce, at any time more than 10 days before trial, a party may petition the court to allow the party to serve upon the opposing party a written offer to allow judgment concerning the property rights of the parties to be taken in accordance with the terms and conditions of the offer.
2. The court may allow a party to make an offer of judgment pursuant to this section if the court finds that the offer of judgment is likely to encourage cooperation and promote settlement or swift resolution of the case. In determining whether to allow a party to make an offer of judgment pursuant to this section, the court shall consider, without limitation:
(a) Whether each party is represented by counsel;
(b) Whether the issues concerning the property rights of the parties are conducive to an offer of judgment; and
(c) Whether the parties have conducted any discovery and, if not, whether discovery is necessary before an offer of judgment is made.
3. If an offer of judgment made pursuant to this section is accepted by the opposing party and approved by the court and a divorce is granted:
(a) The court shall enter judgment concerning the property rights of the parties in accordance with the terms and conditions of the offer; and
(b) The judgment of the court shall be deemed an agreement by the parties settling their property rights.
4. If an offer of judgment made pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer shall be deemed rejected and cannot be given in evidence upon the trial. The rejection of an offer of judgment does not preclude either party from petitioning the court to allow another offer of judgment to be made pursuant to this section.
5. If a party rejects an offer of judgment made pursuant to this section and the court determines that the party rejected the offer in bad faith, the court may award to the party who made the offer of judgment any or all of the following costs and fees that are incurred by the party on and after the date on which the offer is rejected:
(a) Taxable costs that are attributable to preparing for and conducting the litigation concerning the property rights of the parties.
(b) Reasonable costs for each expert witness whose services are reasonably necessary in preparing for and conducting the litigation concerning the property rights of the parties.
(c) Reasonable attorney’s fees in preparing for and conducting the litigation concerning the property rights of the parties.
6. The provisions of this section do not apply to any offer of judgment by a party concerning the custody of a child, the support of a child or the support of a spouse.”.
Amend sec. 12, page 7, line 31, by deleting:
“sections 10 and” and inserting “section”.
Amend the title of the bill by deleting the fifth through seventh lines and inserting:
“information concerning other cases in family court; revising the provisions governing contempt in certain cases involving family law; allowing parties in divorce actions to make offers of judgment concerning property rights under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning family law. (BDR 1‑874)”.
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. 178.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 162.
Amend section 1, page 1, line 8, after “persons” by inserting:
“under 19 years of age who are not required to enroll in a Medicaid managed care program and are”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Assemblywoman Freeman moved that Assembly Bill No. 178 be re-referred to the Committee on Ways and Means.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 221.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 184.
Amend sec. 2, pages 1, 2 and 3, by deleting lines 8 and 9 on page 1, lines 1 through 42 on page 2 and lines 1 through 36 on page 3, and inserting:
“subsection 1, the child must not be released before a detention hearing is held pursuant to subsection 7 of NRS 62.170.
3. At a detention hearing held pursuant to subsection 7 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:
(a) Detained at a facility for the detention of juveniles; or
(b) Placed under a program of supervision in his home that may include electronic surveillance of the child.”.
Amend sec. 2, page 3, line 37, by deleting “7.” and inserting “4.”.
Amend sec. 2, page 3, line 38, by deleting “4,” and inserting “3,”.
Amend sec. 2, page 4, line 4, by deleting “4.” and inserting “3.”.
Amend sec. 2, page 4, by deleting line 5 and inserting:
“5. As used in this section:
(a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS 202.253.
(b) “Qualified professional” means:”.
Amend sec. 2, page 4, line 6, by deleting “(a)” and inserting “(1)”.
Amend sec. 2, page 4, line 8, by deleting “(b)” and inserting “(2)”.
Amend sec. 2, page 4, line 9, by deleting “(c)” and inserting “(3)”.
Amend sec. 2, page 4, line 11, by deleting “(d)” and inserting “(4)”.
Amend sec. 2, page 4, line 14, by deleting “(e)” and inserting “(5)”.
Amend sec. 3, page 4, line 20, after “2.” by inserting:
“The court shall order the parent or guardian of the child, to the extent of his financial ability, to pay the cost of the child to participate in the counseling or other psychological treatment.
3.”.
Amend sec. 6, page 8, by deleting line 23 and inserting:
“7. If a child who”.
Amend the title of the bill to read as follows:
“AN ACT relating to children; providing that a child who allegedly commits an offense involving a firearm must be taken into custody and detained for certain periods and may be psychologically evaluated; requiring the juvenile court to order counseling or other psychological treatment for a child who commits an offense involving cruelty to an animal; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning actions to be taken when child allegedly commits offense involving firearm or is found to have committed offense involving cruelty to animal. (BDR 5-187)”.
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. 284.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 418.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. As used in NRS 445A.010 to 445A.050, inclusive, this section and section 3 of this act, unless the context otherwise requires, “public water system” has the meaning ascribed to it in NRS 445A.840.”.
Amend sec. 2, page 1, by deleting lines 4 and 5 and inserting:
“requiring the fluoridation of each public water system that serves a population of 100,000 or more.”.
Amend sec. 2, page 2, by deleting lines 18 and 19 and inserting:
“3. The state board of health shall not require the fluoridation of:
(a) The wells of a public water system if:
(1) The ground water production of the public water system is less than 15 percent of the total average annual water production of the system for the years in which drought conditions are not prevalent; and
(2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.
(b) A public water system:
(1) During an emergency or period of routine maintenance, if the wells of the system are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system from surface water to ground water because of an emergency or for purposes of routine maintenance; or
(2) If the natural water supply of the system contains”.
Amend sec. 2, page 3, by deleting lines 4 through 11 and inserting:
“7. As used in this section, “supplier of water” has the meaning ascribed to it in NRS 445A.845.”.
Amend sec. 3, page 3, by deleting lines 12 and 13 and inserting:
“Sec. 4. NRS 445A.050 is hereby amended to read as follows:
445A.050 The provisions of NRS 445A.025 to [445A.045,] 445A.050, inclusive, do not apply[:
1. To purveyors] to:
1. A public water system that serves a population of 100,000 or more.
2. Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
[2. To any]
3. A supplier of water who supplies water to less than 500 users.”.
Amend the bill as a whole by deleting sections 4 and 5 and renumbering sec. 6 as sec. 5.
Amend sec. 6, page 4, line 24, by deleting “Section 2” and inserting “Section 3”.
Amend sec. 6, page 4, line 27, by deleting:
“3, 4 and 5” and inserting:
“2 and 4”.
Amend the title of the bill by deleting the second through sixth lines and inserting:
“the fluoridation of certain public water systems; limiting the application of certain existing provisions concerning proposals to adjust the concentration of fluoride in water in certain circumstances; and”.
Assemblyman Thomas moved the adoption of the amendment.
Remarks by Assemblyman Thomas.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 295.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 368.
Amend section 1, page 2, line 40, before “or” by inserting:
“,the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983”.
Amend sec. 2, page 4, line 17, before “or” by inserting:
“,the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983”.
Amend sec. 3, pages 4 and 5, by deleting lines 26 through 43 on page 4 and lines 1 through 16 on page 5, and inserting:
“[Beginning at the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian and running south approximately 15 miles along the section lines to the southeast corner of section 22, Township 15 South, Range 71 East, Mount Diablo Meridian; thence westerly along the section lines approximately 15 miles to the southwest corner of section 20, Township 15 South, Range 69 East; thence northerly along the section lines approximately 2 miles to the northwest corner of section 17, Township 15 South, Range 69 East; thence easterly along the north line of that section 17, a distance of 1 mile more or less to the southwesterly corner of section 9, Township 15 South, Range 69 East; thence northerly along the westerly section lines of sections 9 and 4 to the northwesterly corner of section 4, Township 15 South, Range 69 East; thence westerly along the south lines of Township 14 South approximately 14 miles to the southwesterly corner of section 31, Township 14 South, Range 67 East, that point also being on the west range line of Range 67 East; thence northerly along that range line a distance of 12 miles more or less to the northerly line of Clark County; thence easterly along the north line of Clark County 28 miles more or less to a point in the north-south boundary line between the States of Nevada and Arizona; thence southerly along the Nevada-Arizona state line to the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian,]Beginning at the northeast corner of section 3, Township 13 South, Range 71 East, Mount Diablo Meridian (MDM), which is also the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line; thence south along the Nevada and Arizona state line to the southeast corner of section 22, Township 15 South, Range 71 East, MDM, a distance of approximately 16 miles; thence westerly to the southwest corner of section 20, Township 15 South, Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to water districts; extending an exception from the advertising of public contracts to certain additional water districts; excluding a certain part of the original territory of the Virgin Valley water district; and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning certain water districts. (BDR 28‑1430)”.
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. 302.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 215.
Amend section 1, page 1, line 2, by deleting “10,” and inserting “9,”.
Amend sec. 2, pages 1 and 2, by deleting lines 3 through 6 on page 1 and lines 1 through 7 on page 2, and inserting:
“Sec. 2. The chief shall encourage and assist organizations that offer toll-free telephone services for the provision of information regarding child care to include in those services the provision of information regarding:”.
Amend sec. 2, page 2, line 8, by deleting “(a)” and inserting “1.”.
Amend sec. 2, page 2, by deleting line 9 and inserting:
“432A.131 to 432A.220, inclusive, and sections 7, 8 and 9 of this act;”.
Amend sec. 2, page 2, line 10, by deleting “(b)” and inserting “2.”.
Amend sec. 2, page 2, line 11, by deleting “(c)” and inserting “3.”.
Amend sec. 2, page 2, line 13, by deleting “(d)” and inserting “4.”.
Amend sec. 2, page 2, line 15, by deleting “(e)” and inserting “5.”.
Amend sec. 3, page 2, by deleting lines 18 through 34 and inserting:
“Sec. 3. 1. The child care quality account is hereby created in the state general fund.
2. The chief shall administer the account and may accept gifts and grants of money from any source for deposit in the account. The chief may expend money in the account only to carry out the provisions of section 4 of this act.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account does not lapse to the state general fund at the end of a fiscal year. All claims against the account must be paid as other claims against the state are paid.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. The chief shall:
1. Establish a program to assist in:
(a) Improving the education and training of providers of child care in this state;
(b) Increasing the accreditation of providers of child care in this state by:
(1) The National Association for the Education of Young Children or its successor organization; or
(2) Any other accrediting body approved by the board;
(c) Increasing the ratio of the number of persons providing child care in this state to the number of children receiving child care in this state;
(d) Increasing the remuneration of providers of child care in this state;
(e) Decreasing the turnover rate among persons employed to provide child care in this state; and
(f) Providing loans for the construction and renovation of child care facilities in this state.
2. Prepare and advertise a request for proposals by independent contractors to assist in carrying out the program established pursuant to subsection 1. Any contract awarded to such a contractor must be awarded by competitive selection and require the contractor to provide funding to carry out the program in an amount that is not less than the amount of money provided to the contractor by the chief.”.
Amend sec. 4, page 2, by deleting lines 38 through 40 and inserting:
“payment, at a rate that is 10 percent greater than the usual and customary rate of payment, of a child care facility that is accredited by:
1. The National Association for the Education of Young Children or its successor organization; or
2. Any other accrediting body approved by the board.”.
Amend the bill as a whole by deleting sec. 5.
Amend sec. 6, page 3, line 9, by deleting the italicized comma and inserting an italicized period.
Amend sec. 6, page 3, by deleting lines 10 through 21 and inserting:
“2. The instruction required pursuant to this section must be obtained in:
(a) Courses approved for the award of academic credit by a university or community college within the University and Community College System of Nevada; or
(b) A program of instruction approved by the bureau that encourages the categorization of professions in child care based upon education and experience.”.
Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 through 10 as sections 7 through 9.
Amend sec. 9, page 3, by deleting line 42 and inserting:
“facility unless:
(a) The bureau has:”.
Amend sec. 9, page 4, line 1, by deleting “(a)” and inserting “(1)”.
Amend sec. 9, page 4, line 4, by deleting “(b)” and inserting “(2)”.
Amend sec. 9, page 4, line 7, by deleting “(c)” and inserting “(3)”.
Amend sec. 9, page 4, by deleting line 8 and inserting:
“instruction required pursuant to section 6 of this act; or
(b) The bureau and the child care facility have agreed to a plan for the correction by the facility of any grounds for the bureau to deny the renewal of the license pursuant to paragraph (a).”.
Amend the bill as a whole by deleting sections 11 and 12 and renumbering sections 13 through 16 as sections 10 through 13.
Amend sec. 13, page 5, line 10, by deleting “4” and inserting “5”.
Amend sec. 14, page 5, by deleting lines 17 through 28 and inserting:
“(b) In consultation with the state fire marshal, plans and requirements to”.
Amend sec. 14, page 5, line 36, by deleting “[(c)](d)” and inserting “(c)”.
Amend sec. 14, page 5, line 39, by deleting “(e)” and inserting “(d)”.
Amend sec. 15, page 6, line 31, by deleting “[five] four” and inserting “five”.
Amend the bill as a whole by deleting sections 17 through 21 and adding new sections designated sections 14 through 17, following sec. 16, to read as follows:
“Sec. 14. The chief of the bureau of services for child care of the division of child and family services of the department of human resources:
1. Shall use his best efforts to ensure that the program established pursuant to section 4 of this act is achieving successful results before January 1, 2001.
2. Shall:
(a) Cause an independent study to be conducted to determine:
(1) The extent to which the program established pursuant to section 4 of this act has resulted in any:
(I) Improvement in the average amount of education and training obtained by providers of child care in this state;
(II) Increase in the number of providers of child care in this state who have obtained or are in the process of obtaining accreditation from the National Association for the Education of Young Children or its successor organization, or from any other accrediting body approved by the board for child care;
(III) Increase in the ratio of the number of persons providing child care in this state to the number of children receiving child care in this state;
(IV) Increase in the average amount of remuneration received by providers of child care in this state; and
(V) Decrease in the turnover rate among persons employed to provide child care in this state; and
(2) The effect of the program established pursuant to section 4 of this act on the number, amount and purpose of any loans provided for the construction and renovation of child care facilities in this state; and
(b) Submit the findings of the study to:
(1) The board for child care; and
(2) The legislative commission or, if the legislature is in general session, the senate standing committee on human resources and facilities and the assembly standing committee on health and human services.
3. Notwithstanding the provisions of section 3 of this act, may expend money from the child care quality account created pursuant to section 3 of this act to carry out the provisions of subsection 2.
Sec. 15. There is hereby appropriated from the state general fund to the child care quality account created pursuant to section 3 of this act the sum of $50,000.
Sec. 16. 1. There is hereby appropriated from the state general fund to the City of Las Vegas the sum of $350,000 for continued support of the child care training program currently operated by the City of Las Vegas.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 17. This act becomes effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the care of children; making various changes regarding the provision of services relating to child care and the licensing and inspection of child care facilities; creating and providing for the use of the child care quality account; requiring a study to determine the results of the use of the account; making appropriations; and providing other matters properly relating thereto.”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Assemblyman Williams moved that Assembly Bill No. 302 be re-referred to the Committee on Ways and Means.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 329.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 362.
Amend section 1, page 2, line 6, by deleting “501(c)” and inserting “501(c)(3)”.
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. 338.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 311.
Amend section 1, page 1, by deleting lines 2 through 4 and inserting:
“687B.385 [An]
1. Except as otherwise provided in subsection 2, an insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of casualty or property insurance covering residential property or a policy of motor vehicle insurance covering private passenger cars or”.
Amend section 1, page 1, after line 6, by inserting:
“2. The provisions of subsection 1 do not apply if an insurer can demonstrate a substantial and material increase in the risk that is insured beyond that contemplated at the time the policy was issued or last renewed.”.
Amend the title of the bill, third line, by deleting “insurance;” and inserting:
“insurance purchased for residential property; providing an exception to the prohibition generally;”.
Amend the summary of the bill, first line, by deleting “policy” and inserting:
“certain types of policies”.
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. 358.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 353.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sec. 4 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the state land use planning agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.
2. The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the state land use planning agency within 30 days after receipt of the notice.
3. If the state land use planning agency elects to submit written comment to the Federal Government upon the realty action, it shall include in its submission any comments it received pursuant to subsection 2.
Sec. 2. NRS 321.655 is hereby amended to read as follows:
321.655 As used in NRS 321.640 to 321.770, inclusive[:], and section 1 of this act:
1. “Administrator” means the executive head of the division.
2. “Area of critical environmental concern” means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.
3. “Planning agency” means:
(a) The planning commission for the city in which the land is entirely located; or
(b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.
4. “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state land use planning; revising provisions governing the procedures to be followed if the Federal Government files a realty action concerning the purchase of private land in Nevada or the exchange of public land for private land in Nevada; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing procedures to be followed if Federal Government files realty action concerning purchase of private land in Nevada or exchange of public land for private land in Nevada. (BDR 26‑521)”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 367.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 364.
Amend section 1, page 1, line 2, by deleting “$1,497,000” and inserting “$748,500”.
Amend section 1, page 1, line 4, by deleting “115” and inserting “515”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. The Department of Transportation may use the money appropriated pursuant to section 1 of this act only if matching money is received in full from local governments or other public or private sources.”.
Amend the title of the bill to read as follows:
“AN ACT making a contingent appropriation to the Department of Transportation for the construction of an extension to the sound barrier along the east side of U.S. Highway No. 95/Interstate Highway No. 515 near Elaina Avenue in Las Vegas; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes contingent appropriation to Department of Transportation for construction of extension to sound barrier on east side of U.S. Highway No. 95/Interstate Highway No. 515 near Elaina Avenue in Las Vegas. (BDR S‑478)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 368.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 367.
Amend sec. 2, page 3, by deleting lines 35 through 37 and inserting:
“2. The audit must include an examination of the actions taken by the University and Community College System of Nevada to carry out the recommendations to control its budgets and expenditures which were made by the legislative auditor after the audit that was conducted pursuant to chapter 33, Statutes of Nevada 1995, at page 33.”.
Amend sec. 2, page 4, line 5, by deleting “$120,000” and inserting “$40,000”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 400.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 249.
Amend sec. 10, page 2, by deleting lines 31 through 35 and inserting:
“that arises before the death of the decedent.”.
Amend sec. 24, page 3, line 42, after “means” by inserting:
“funeral expenses and”.
Amend sec. 49, page 5, line 35, after “includes a” by inserting:
“natural person, organization,”.
Amend sec. 51, page 5, line 41, before “written” by inserting “verified”.
Amend sec. 96, page 13, by deleting lines 18 and 19, and inserting:
“the other persons entitled to it under the provisions of this [chapter.
2. If:”.
Amend sec. 96, page 13, line 27, by deleting “If the” and inserting:
“Title.
2. If the”.
Amend sec. 123, page 20, line 4, by deleting:
“heir, next of kin or”.
Amend sec. 181, page 36, line 6, by deleting “or”.
Amend sec. 181, page 36, line 7, by deleting “$___.” and inserting:
“$____; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $ _____ and the posting of bond in the sum of $ _____.”.
Amend sec. 185, page 38, line 29, by deleting “or”.
Amend sec. 185, page 38, line 30, by deleting “$___.” and inserting:
“$____; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $ _____ and the posting of bond in the sum of $ _____.”.
Amend sec. 186, page 39, line 34, by deleting “or”.
Amend sec. 186, page 39, line 35, by deleting “$___.” and inserting:
“$____; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $ _____ and the posting of bond in the sum of $ _____.”.
Amend sec. 256, page 63, line 32, by deleting “238” and inserting “252”.
Amend sec. 263, page 65, by deleting lines 20 through 23, and inserting:
“law from execution, and shall set apart the homestead, as designated by the general homestead law then in force, whether [such]the homestead has theretofore previously been selected as required by law, or not, and the property thus set apart [shall”.
Amend sec. 268, page 68, line 17, by deleting the comma.
Amend sec. 332, page 89, line 20, by deleting “trustee” and inserting “personal representative”.
Amend sec. 352, page 97, line 1, by deleting “and devisees.” and inserting:
“in an intestacy proceeding and devisees in a will proceeding.”.
Amend sec. 431, page 121, by deleting line 7 and inserting:
“ , but [, except as provided in this subsection,]”.
Amend sec. 457, page 130, line 43, by deleting “145.060,” and inserting “147.040,”.
Amend sec. 458, page 131, line 12, after “notice” by inserting:
“and a copy”.
Amend sec. 458, page 131, line 22, by deleting “proceedings” and inserting:
“proceedings, together with a copy of the filing,”.
Amend sec. 478, page 137, line 17, by deleting “164.030.” and inserting:
“section 512 of this act.”.
Amend sec. 481, page 137, line 30, by deleting “164.030.” and inserting:
“section 512 of this act.”.
Amend sec. 491, page 139, line 41, by deleting “164.030.” and inserting:
“section 512 of this act.”.
Amend sec. 511, page 148, line 19, by deleting “NRS 164.030,” and inserting:
“section 513 of this act,”.
Amend sec. 512, page 148, line 33, by deleting “511” and inserting “428”.
Amend sec. 513, page 149, between lines 37 and 38, by inserting:
“6. Any person aggrieved by an order entered pursuant to this section may appeal to the supreme court within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record.”.
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. 407.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 265.
Amend section 1, page 1, by deleting lines 6 through 10 and inserting:
“(1) Except as otherwise provided in subsection 6, order him to [pay]:
(I) Pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time; or
(II) Attend”.
Amend section 1, page 2, line 1, by deleting “$200” and inserting “$400”.
Amend section 1, page 2, line 10, by deleting “$500” and inserting “$750”.
Amend section 1, page 3, by deleting lines 20 and 21 and inserting:
“subparagraph (1) of paragraph (a) [or (b)] of subsection 1, the court shall [:], if it does not order the person to attend a program of treatment for the abuse of alcohol or drugs:
(a) Order the person to pay tuition for and submit evidence of”.
Amend section 1, page 3, by deleting lines 24 through 27 and inserting:
“within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order, and the court shall notify the”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective on October 1, 1999.
2. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, third line, after “and” by inserting:
“to attend an educational course on the abuse of alcohol and controlled substances or”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 7, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 29.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 29.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblymen Giunchigliani, Evans, Gibbons, Ohrenschall, Segerblom, Buckley, Leslie, Carpenter, Price and Mr. Speaker.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. In my mind, though I didn’t have the privilege of serving with her, there are few words that could sum up Jean Ford. However, I still remember stories from my former assemblywoman, Eileen Brookman. She told me stories about working these halls with Jean and Flora Duncan and others. I think Jean was always a lady with grace and class and she was very progressive. I have to say, as a woman, to have captured what she did through women’s studies and the women’s history that she compiled—about what has come from this state and how progressive Nevada is regarding inclusion of gender within many of our activities—was just remarkable. None of us, as women, would be where we are today if it hadn’t of been for the likes of Sue Wagner, Jean Ford, Flora Duncan, and Eileen Brookman—because they all paved the way so that we have the access we now have.
So, with few words, I would just say I support this. I don’t think it goes far enough in saying what types of contributions she made, but she was a woman of broad breadth. There was no such thing as just a “woman’s issue” for her. It was air quality; or it was libraries; or it was quality of life issues that affected every single family. By opening up that broad breadth, it allowed people to think that women could chair Transportation—they weren’t just going to be on the Education Committee or Health Committee. That is one of the contributions Jean has left us. I would urge our body to support this resolution. Thank you, Mr. Speaker.
Assemblywoman Evans:
Thank you, Mr. Speaker. I, too, rise in support of the resolution. The first time I met Jean Ford was by telephone. I did so at the behest and instruction of Sue Wagner, her colleague in the Senate, because we were working on the original domestic violence funding bill. When the first draft was finished, Senator Wagner said, “You better run this past Jean Ford, because if there is anything wrong with the bill, Jean will find it.” Well, it was a very discouraging experience, because she picked the bill apart like I never anticipated. She found all kinds of faults and flaws. But, we did come out with a better piece of legislation because of her ability to spot things all the rest of us have a tendency to overlook. Indeed, she had a very keen and analytic mind. She was always willing to be helpful.
Yes, Jean was an environmentalist before the word “environmentalist” became very well known. Her work with the state parks and with our historical and cultural heritage in the state is almost unparalleled. Today, we are working with our universities, especially with women’s athletics on something called “gender equity.” I like to think that Jean would be proud of the efforts that are being made on that topic. Secondly, I would also think she would be pleased because Nevada, as you may have noticed, is ranked #2 in the nation in the number of women elected to its legislature.
Jean was very thoughtful and generous in helping other people. She ran campaign schools. I had the privilege of attending one of those. She did them for free, just to help others learn the ropes—what to do and how to get there. Jean, for those of us who follow in your footsteps, thank you.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I rise in support of SCR 29. I knew Jean Ford. I am very thankful for Jean, for paving the way for women, like many of my colleagues who are sitting here today. I think that Jean Ford and Sue Wagner are the reasons that our legislative body looks like it does today, because they were leaders and took risks. They were risk takers. I am very thankful for women like this. I will always remember Jean Ford and very I’m very happy I still have Sue Wagner.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. In addition to everything else that has been said about Jean Ford, I would like to add that I knew her when she was an ordinary housewife. And also when she became a displaced homemaker, when the phrase “displaced homemaker” didn’t exist. She turned her life around to public service, and to setting such a wonderful example for all of us. I think it befits us to remember this, for those women still today struggling with issues of being displaced homemakers. They can take her example to heart and follow suit. Thank you.
Assemblywoman Segerblom:
Thank you, Mr. Speaker. I rise in support of SCR 29. We toured the state parks many times with Jean, when my husband was on the State Park Commission with her in the ‘70s. We were very active with her when she started studying prominent Nevada women. Of course, my mother served in the legislature and she was interested in that. I rise in support of this and think we certainly miss people like Jean Ford. Thank you.
Assemblywoman Buckley:
Thank you, Mr. Speaker. I, too, rise in support of SCR 29. It is very easy in these busy days of 120-day sessions to fail to remember people who blazed the trail for so many of us, as women legislators and as just legislators. I think it is also easy to forget the work that Jean did to preserve Nevada’s history and Nevada’s women’s history. When I first was elected and served, I had the opportunity to go to an reenactment at the old Assembly Chambers and to view some of her work in recording and preserving Nevada history. It was excellent work that no one else seems to have the time for. If we don’t take time to remember history, we are bound to repeat the mistakes that we made. So, I applaud Jean Ford for her life’s work in these halls and in the state. Nevada will miss Jean Ford.
Assemblywoman Leslie:
Thank you, Mr. Speaker. I, too, rise in support of this resolution. I, too, am part of the Jean Ford legacy. After the election, someone gave me a copy of her oral history, which I read page to page—all 500 pages of it. After I had read that and digested the information that was in there, about her time here during previous sessions, I almost called Mr. Perkins and said, “Can you find someone else? I don’t think I can do this.”
Jean Ford was a role-model and will continue to be a role-model for me and for many, many other women. About nine months before she died, she called me and asked me to facilitate a meeting of the Nevada Women’s History Project—one she knew would be a very contentious meeting. I didn’t want to do it, but I said yes—no one ever said no to Jean Ford. I hope to continue that legacy here and throughout my life. To her daughters, I would just like to send my condolences. She will always be remembered. Thank you.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I, too, rise in support of SCR 29. I’d known Jean Ford for many years. She was a great supporter of rural Nevada. She was my kind of environmentalist. She wanted to preserve things but not to lock them up. I really appreciated her when I came to the Assembly because she was kind of my mentor, also. I just want to say I think her leadership is really going to be missed. Thank you.
Assemblyman Price:
Thank you, Mr. Speaker. To you and through you, to our body. I am very proud to be able to stand in favor of SCR 29. I, too, was here. My first legislative session was in 1975 and Jean was here a little before I was. I had the pleasure of also serving with Jean. I can tell you that that she was as fine a legislator as we’ve had come through this house, in my opinion, in the 26 years I’ve been here, because of her forward thinking and her abilities and her love for this state and her love for this body. It was self-evident. I was also thinking about the changing of parties, as the Speaker mentioned. Again, this shows how forward thinking she was. Jean was a wonderful person, a wonderful legislator and I’m very proud to be able to be remembering and recognizing her for everything.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
I was here in 1973 when she first came to the legislature. In the 1973 through 1974 interim, I chaired a subcommittee on Legislative Reorganization and Ethics. Jean Ford was so far ahead of us all on that committee it wasn’t even funny. If you knew the Assembly in 1973, you knew it was “rednecked,” with a male chauvinistic attitude. A woman had trouble serving here. But she made her mark in that subcommittee report. We adopted that report in 1975, which was a prospect for greatness. It only has taken 25 years to adopt all those things which were in that report. She was really responsible for most of the progressive things that were in that report. She did a fine job.
I think she changed party and went to the Senate because, in 1977, there were 35 Democrats and 5 Republicans in the Assembly and Republicans had trouble getting their bills passed. I think she took the alternative. She left an impression in my life and my attitude towards her. She was a wonderful woman.
Resolution adopted unanimously.
SECOND READING AND AMENDMENT
Assembly Bill No. 409.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 328.
Amend section 1, page 3, lines 31 and 32, by deleting:
“at the scene of an emergency”.
Amend section 1, page 3, by deleting line 34 and inserting:
“amounting to gross negligence, by that”.
Amend section 1, page 3, by deleting line 40 and inserting:
“amounting to gross negligence, by the”.
Amend section 1, page 4, by deleting lines 2 through 5 and inserting:
“external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for”.
Amend section 1, page 4, by deleting lines 19 and 20 and inserting:
“maintenance of the equipment.
11. As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.”.
Amend sec. 2, page 4, by deleting line 22 and inserting:
“41.505 1. Any physician or registered nurse”.
Amend sec. 2, page 4, line 23, by deleting “nurse”.
Amend sec. 2, page 4, by deleting line 24 and inserting:
“emergency medical attendant or [to a] registered nurse,”.
Amend sec. 2, page 4, line 25, by deleting “practical nurse,”.
Amend sec. 2, page 5, line 33, by deleting “section, “emergency” and inserting:
“section [, “emergency] :
(a) “Emergency”.
Amend sec. 2, page 5, between lines 36 and 37, by inserting:
“(b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.”.
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. 423.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 350.
Amend section 1, page 1, by deleting lines 2 through 6 and inserting:
“361.111 1. [All] Except as otherwise provided in subsections 2 and 3, all real property and improvements thereon acquired by the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy and held for ultimate acquisition by the state or a local governmental unit are exempt from taxation [except as otherwise provided in subsections 2 and 3.] if:
(a) The state or a local governmental unit has agreed, in writing, that acquisition of the property will be given serious consideration; and
(b) For property for which the state has given the statement required by paragraph (a), the governing body of the county in which the property is located has approved the potential acquisition of the property by the state.
2. When the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy transfers”.
Amend section 1, page 1, by deleting line 13 and inserting:
“3. When the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy transfers”.
Amend section 1, page 2, by deleting lines 2 and 3 and inserting:
“criteria for determining when property has been held by the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy for purposes of conservation.”.
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 and 5 as sections 2 and 3.
Amend sec. 4, page 3, by deleting line 40 and inserting:
“Conservancy [.] , American Land Conservancy or Nevada Land Conservancy.”.
Amend sec. 5, page 4, by deleting lines 7 through 10 and inserting:
“Sec. 3. This act becomes effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; exempting certain property acquired by the Nevada Land Conservancy and the American Land Conservancy from property taxes; revising the provisions governing the requirements for such exemptions; and providing other matters properly relating thereto.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 425.
Bill read second time and ordered to third reading.
Assembly Bill No. 437.
Bill read second time and ordered to third reading.
Assembly Bill No. 438.
Bill read second time and ordered to third reading.
Assembly Bill No. 441.
Bill read second time and ordered to third reading.
Assembly Bill No. 450.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 310.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 513.094 is hereby amended to read as follows:
513.094 1. An additional fee [of $1 per claim] , in an amount established pursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.
2. The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. [He] The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. [He shall further] In addition, the administrator shall work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.
3. To carry out this program and these duties, the administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the division by statute.
4. The commission shall [provide] establish by regulation:
(a) The fee required pursuant to subsection 1, in an amount not to exceed $4 per claim.
(b) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.
[(b)] (c) Standards for abating the kinds of dangers usually found, including, but not limited to, standards for excluding persons and animals from dangerous open excavations.”.
Amend section 1, page 1, line 13, by deleting “1.” and inserting:
“1 in an amount not to exceed $6 per claim.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. NRS 519A.250 is hereby amended to read as follows:
519A.250 1. An operator who is required by federal law to file a plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, provide the division of minerals of the department of business and industry with a copy of the filing and pay to the division of minerals a fee [of $20]in an amount established pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.
2. The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:
(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and
(b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).
All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals.
4. On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
5. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.
Sec. 4. NRS 522.050 is hereby amended to read as follows:
522.050 1. A person desiring to drill a well in search of oil or gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee [of $50] in an amount established pursuant to subsection 2 for a permit for each well. Upon receipt of notification and fee, the division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.
2. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.”.
Amend sec. 2, page 2, by deleting lines 17 through 20 and inserting:
“producer.[The administrative fee is 50 mills]
3. The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of natural gas.”.
Amend sec. 3, page 2, line 21, by deleting “and 2” and inserting:
“to 5, inclusive,”.
Amend sec. 3, page 2, by deleting lines 24 through 26 and inserting:
“1. The fee required pursuant to NRS 513.094 is $1 per claim.
2. The filing fee required pursuant to NRS 517.185 is $1.50 per claim.
3. The fee required pursuant to NRS 519A.250 is $20 per acre.
4. The fee required pursuant to NRS 522.050 is $50 per permit.
5. The administrative fee required pursuant to NRS 522.150 is 50 mills”.
Amend the title of the bill, third line, by deleting “division;” and inserting:
“division and for certain programs of the division;”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 455.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 351.
Amend section 1, pages 1 and 2, by deleting lines 3 through 19 on page 1 and lines 1 through 3 on page 2, and inserting:
“1. Except as otherwise provided in subsection 5, one vehicle registered by an elderly person who is an actual bona fide resident of this state is exempt from taxation to the extent of $2,000 of its determined valuation.
2. For the purpose of this section, the first $2,000 of the determined valuation of a vehicle in which an elderly person has any interest shall be deemed to belong to that person.
3. Upon first claiming an exemption pursuant to this section, the elderly person shall furnish to the department, or the county assessor if acting as the agent of the department for that county, an affidavit stating that the exemption is only being claimed on one vehicle and proof of age and residency including his driver’s license or a copy of his birth certificate and such other proof as the department or assessor determines necessary.
4. After the filing of the original affidavit pursuant to subsection 3, the department shall mail a form for renewal of the exemption with the form for the renewal of the registration of the vehicle each year. The form must include an affidavit on which the elderly person shall declare that he is an actual bona fide resident of the State of Nevada and that the exemption is only being claimed on one vehicle. The form must be designed to facilitate its return by mail with the form for the renewal of the registration of the vehicle for which the exemption is claimed. The department shall provide a form to be filled out to change the vehicle to which the exemption applies which must be distributed by and returned to the department or the county assessor, if acting as the agent of the department for the county.”.
Amend section 1, page 2, line 13, by deleting “55” and inserting “65”.
Amend sec. 4, page 2, by deleting line 36 and inserting:
“Sec. 4. This act becomes effective on January 1, 2000, for the purposes of adopting regulations and performing any administrative tasks necessary to carry out the provisions of this act and on July 1, 2000, for all other purposes.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 456.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 325.
Amend sec. 2, page 1, line 6, after “unless” by inserting:
“the court determines that it is in the best interest of the child to do so or”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 7 as sections 4 through 6.
Amend sec. 5, page 3, line 5, by deleting:
“6 and 7” and inserting:
“5 and 6”.
Amend sec. 6, page 3, line 9, after “unless” by inserting:
“the court determines that it is in the best interest of the child to do so or”.
Amend sec. 7, page 3, line 20, by deleting “6” and inserting “5”.
Amend the title of the bill to read as follows:
“AN ACT relating to domestic relations; prohibiting a court from awarding custody to or rights to visitation to a parent who is convicted of murder of the first degree for the murder of the other parent of a child under certain circumstances; establishing a presumption that custody of a child by a person who has engaged in certain acts of domestic violence is not in the best interest of the child; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning custody of children. (BDR 11‑1301)”.
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. 468.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 300.
Amend section 1, page 1, by deleting lines 6 through 13 and inserting:
“[After an employee has accumulated 90 working days of
sick leave, the amount of additional unused sick leave which he is entitled to
carry forward from one year to the next is limited to one-half of the unused
sick leave accrued during that year, but the department may by regulation
provide for subsequent use of unused sick leave accrued but not carried forward
by reason of this limitation in cases where the employee is suffering from a
long-term or chronic illness and has used all sick leave otherwise available to
him.]Upon the retirement of an employee, his
termination through no”.
Amend section 1, page 2, by deleting lines 1 through 10 and inserting:
“of 30 days[, exclusive of any unused sick leave accrued but not carried forward,] according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than [$2,500.] $3,000.
(b) For 15 years of service or more but less than 20 years, not more than [$4,000.] $5,000.
(c) For 20 years of service or more but less than 25 years, not more than [$6,000.] $7,000.
(d) For 25 years of service or more, not more than [$8,000.] $10,000.”.
Amend section 1, page 2, by deleting lines 27 and 28 and inserting:
“3. Except as otherwise provided in this subsection, at the end of the biweekly pay period immediately following January 1 and July 1 of each year, an employee who has not used more than 10 hours of”.
Amend section 1, page 2, line 34, after “leave.” by inserting:
“The provisions of this subsection do not apply to employees who are subject to the provisions of NRS 284.148.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Any unused sick leave accrued by an employee who is in the public service on July 1, 1999, that was not carried forward by the employee because of the limitation set forth in subsection 1 ofNRS 284.355, but was placed in a separate account pursuant to NAC 284.546, must be transferred to the account of the employee on July 1, 1999.”.
Amend the title of the bill, second line, after “circumstances;” by inserting:
“removing the limitation on the amount of unused sick leave a state employee is entitled to carry forward from year to year; increasing the amount that a retiring employee may be paid for his unused sick leave;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Assemblywoman Giunchigliani moved that Assembly Bill No. 468 be re-referred to the Committee on Ways and Means.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 539.
Bill read second time and ordered to third reading.
Assembly Bill No. 599.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 344.
Amend section 1, page 1, line 3, by deleting “12” and inserting “[12] 13”.
Amend section 1, pages 1 and 2, by deleting lines 15 through 17 on page 1 and lines 1 through 20 on page 2, and inserting:
“(f) [Five] Six members to be appointed by the members selected pursuant to paragraphs (a) to (e), inclusive [. These] , of which:
(1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:
[(1) Three]
(I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business[, at least one of whom is engaged in that business in the central business district of the largest city;
(2)] ; and
(II) One member who is a representative of [motel operators; and
(3) One member who is a representative of] other commercial interests[.]or interests related to tourism.
(2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest incorporated city in the county.”.
Amend the bill as a whole by adding new sections designated sec. 2 and sec. 3, following section 1, to read as follows:
“Sec. 2. The term of each member of the county fair and recreation board who was appointed pursuant to paragraph (f) of subsection 1 of NRS 244A.603 and holds office on June 30, 1999, expires on June 30, 1999. On or before July 1, 1999, the members of the county fair and recreation board selected pursuant to paragraphs (a) to (e), inclusive, of subsection 1 of NRS 244A.603 shall appoint to the county fair and recreation board in accordance with the amendatory provisions of this act:
1. One member pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 244A.603 to an initial term that begins on July 1, 1999, and expires on June 30, 2000.
2. Two members pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 244A.603 to initial terms that begin on July 1, 1999, and expire on June 30, 2001.
3. One member pursuant to subparagraph (2) of paragraph (f) of subsection 1 of NRS 244A.603 to an initial term that begins on July 1, 1999, and expires on June 30, 2000.
4. Two members pursuant to subparagraph (2) of paragraph (f) of subsection 1 of NRS 244A.603 to initial terms that begin on July 1, 1999, and expire on June 30, 2001.
Sec. 3. This act becomes effective on July 1, 1999.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 606.
Bill read second time and ordered to third reading.
Assembly Bill No. 611.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 341.
Amend sec. 2, page 2, by deleting lines 31 through 39 and inserting:
“(b) Each source of his income, or that of any member of his household. Nolisting of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.”.
Amend sec. 2, page 3, line 27, by deleting the period and inserting:
“who is 18 years of age or older.”.
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. 637.
Bill read second time and ordered to third reading.
Assembly Bill No. 640.
Bill read second time and ordered to third reading.
Assembly Bill No. 644.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 296.
Amend the bill as a whole by renumbering sections 8 and 9 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. NRS 31A.350 is hereby amended to read as follows:
31A.350 1. If a court orders a parent to obtain health insurance for his child and the parent fails to comply with the order, the enforcing authority shall mail to the parent’s employer or labor organization by [certified] first-class mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. The notice must include:
(a) The parent’s name and social security number;
(b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;
(c) The name, date of birth and social security number for the child; and
(d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.
2. Except as otherwise provided in subsection 6, no enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:
(a) The enforcing authority first notifies the parent by certified mail at his last known address of:
(1) Its intent to seek enrollment of the child; and
(2) The provisions of subsection 6; and
(b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:
(1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or
(2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.
3. Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parent’s plan. If the parent’s plan cannot be extended to cover the child, the child must be enrolled in the plan with the least expensive option for providing coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parent’s plan of health insurance, the employer or labor organization shall notify the enforcing authority.
4. After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the child’s coverage may be deducted from the parent’s wages. If the parent’s wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority.
5. A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.
6. If the enforcing authority:
(a) Has complied with the requirements of subsection 2 regarding a parent; and
(b) Subsequently determines that the parent:
(1) Has another employer or belongs to another labor organization; and
(2) Does not have the child enrolled in a plan of health insurance as required by the order of the court,
the enforcing authority shall, without again complying with the requirements of subsection 2, mail pursuant to subsection 1 a subsequent notice to enroll to the other employer or labor organization. Any employer or labor organization receiving such a notice shall notify the parent immediately of the receipt of that notice and comply with the provisions of this section unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.
7. An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parent’s policy of health insurance.
8. The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.
9. The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.”.
Amend the title of the bill, sixth line, after “disbursement;” by inserting:
“revising the procedure for notifying an employer of his duty to enroll a child of his employee in a plan of health insurance as ordered by a court;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing obligations for support of children. (BDR 3‑636)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 21.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 354.
Amend the resolution, page 2, by deleting line 27 and inserting:
“formula used to determine the regulatory threshold number of animals which in its current form will reduce the threshold number and significantly expand the applicability”.
Amend the resolution, page 2, between lines 29 and 30, by inserting:
“Resolved, That the Nevada Legislature strongly urges the United States Environmental Protection Agency to seek out and give serious consideration to comments from representatives of the states, local governments, farm bureaus, agricultural industry and soil conservation services and any other affected group or person before revising regulations regarding animal feeding operations; and be it further”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 221 be placed on the Chief Clerk’s desk.
Motion carried.
Assemblyman Perkins moved that the vote whereby Senate Bill No. 352 was referred to the Committee on Health and Human Services be rescinded.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 352 be referred to the Committee on Judiciary.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 489 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 532 be re-referred to the Committee on Ways and Means.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:59 p.m.
ASSEMBLY IN SESSION
At 1:17 p.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 7, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 275, Amendments Nos. 183, 407, and respectfully requests your honorable body to concur in said amendments.
Mary Jo Mongelli
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 275.
The following Senate amendment was read:
Amendment No. 183.
Amend section 1, page 1, by deleting lines 8 through 15 and inserting:
“2. Before dissolving a hospital district pursuant to subsection 1, the board of county commissioners shall determine whether the proceeds from the taxes currently being levied in the district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district, before dissolving the district pursuant to subsection 1 the board of county commissioners may levy a property tax on all of the taxable property in the district that is sufficient, when combined with any revenue from taxes currently being levied in the district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this subsection. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to this subsection must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453 but the rate levied when combined with all other overlapping rates levied in the state must not exceed $4.50 on each $100 of assessed valuation. The board of county commissioners shall discontinue any rate levied pursuant to this subsection on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.
3. If, at the time of the dissolution of the hospital district, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the public employees’ retirement system, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the district have been paid in full, but for all other purposes the hospital district shall be deemed dissolved from the time the resolution is filed pursuant to subsection 1.
4. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution but the board of county commissioners shall continue to make such financial reports to the department of taxation as the department deems necessary until all outstanding obligations of the hospital district have been paid in full.”.
Amend section 1, page 2, line 1, by deleting “3.” and inserting “5.”.
Amend section 1, page 2, lines 4 and 5, by deleting:
“must be used” and inserting:
“and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 354.59811 is hereby amended to read as follows:
354.59811 Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600[,] and section 1 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 3. NRS 354.695 is hereby amended to read as follows:
354.695 1. As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
2. The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.
6. [Once]Except as otherwise provided in section 1 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.
Sec. 4. NRS 361.453 is hereby amended to read as follows:
361.453 Except as otherwise provided in NRS 354.705[,]and section 1 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.”.
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 275.
Remarks by Assemblyman Goldwater.
Motion carried.
The following Senate amendment was read:
Amendment No. 407
Amend section 1, page 1, between lines 2 and 3, by inserting:
“In any county whose population is less than 400,000:”.
Amend the title of the bill to read as follows:
“AN ACT relating to hospital districts; providing for the dissolution of hospital districts in certain smaller counties; and providing other matters properly relating thereto.”.
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 275.
Remarks by Assemblyman Goldwater.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 2.
The following Senate amendment was read:
Amendment No. 221.
Amend section 1, page 1, by deleting lines 8 through 12 and inserting:
“(b) Purchasing tickets at reduced ratesfor the transportation of pupils, including, without limitation, homeless pupils, onpublic buses for use by pupils enrolled in middle school, junior high school andhigh school to travel to and from school.
2. [Such transportation] Transportation may be arranged and contracted for by a board of”.
Amend sec. 2, page 2, line 40, by deleting “, whether” and inserting:
“, including, without limitation, homeless students, whether”.
Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 2.
Remarks by Assemblymen Giunchigliani and Freeman.
Motion carried.
Bill ordered enrolled.
CONSENT CALENDAR
Assembly Bill No. 648.
Bill read by number.
Roll call on Assembly Bill No. 648:
Yeas—42.
Nays—None.
Assembly Bill No. 648 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
general file and third reading
Assembly Bill No. 94.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 94:
Yeas—42.
Nays—None.
Assembly Bill No. 94 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 107.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 107:
Yeas—42.
Nays—None.
Assembly Bill No. 107 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 186.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 186:
Yeas—42.
Nays—None.
Assembly Bill No. 186 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 195.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 195:
Yeas—42.
Nays—None.
Assembly Bill No. 195 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 345.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 345:
Yeas—42.
Nays—None.
Assembly Bill No. 345 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 459.
Bill read third time.
Remarks by Assemblyman Lee.
Potential conflict of interest declared by Assemblyman Nolan.
Roll call on Assembly Bill No. 459:
Yeas—42.
Nays—None.
Assembly Bill No. 459 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 530.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 530:
Yeas—42.
Nays—None.
Assembly Bill No. 530 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 588.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 588:
Yeas—42.
Nays—None.
Assembly Bill No. 588 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 626.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 626:
Yeas—42.
Nays—None.
Assembly Bill No. 626 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 630.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 630:
Yeas—42.
Nays—None.
Assembly Bill No. 630 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 678.
Bill read third time.
Remarks by Assemblymen Thomas and Price.
Roll call on Assembly Bill No. 678:
Yeas—42.
Nays—None.
Assembly Bill No. 678 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Joint Resolution No. 13:
Yeas—42.
Nays—None.
Assembly Joint Resolution No. 13 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 Joint Resolution No. 10; Senate Bill No. 278.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to John Wellington and Margo Wellington.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Vahe Khochayan and Katherine Jerome.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Sue Wagner.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Kirk Mortenson.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Meagan Elliot.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 8, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 1:51 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon