THE SIXTY-EIGHTH DAY
Carson City (Friday), April 9, 1999
Assembly called to order at 4:34 p.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Minister Tom Rahme.
Dear Heavenly Father, in Proverbs we read “blessed is the man who finds wisdom and the man who gains understanding. He is more precious than silver and yields a better return than gold.” Lord, I just pray that Your presence would be with this Assembly today and that Your understanding and wisdom will be multiplied to them. And we pray this in Your Holy Name.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 279, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 110, 112, 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 Education, to which was referred Assembly Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Education, to which was referred Assembly Concurrent Resolution No. 25, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 170, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 560, 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 Government Affairs, to which was referred Assembly Bill No. 608, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 598, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 158, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 173, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 380, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 601, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David E. Goldwater, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 157, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman de Braga moved that Assembly Bill No. 380 be placed on the Second Reading File.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 8, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 445.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 197, 213, 322, 389, 412, 442, 452, 490, 532.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 16.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted.
Assembly Concurrent Resolution No. 37.
Assemblyman Manendo moved the adoption of the resolution.
Remarks by Assemblyman Manendo.
Resolution adopted.
Assemblyman Perkins moved that the reading of the history on Senate Bills upon introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 197.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 213.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 322.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 389.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 412.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 442.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 445.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 452.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 490.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 532.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 3.
Bill read second time and ordered to third reading.
Assembly Bill No. 142.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 346.
Amend the bill as a whole by deleting sections 1 through 8 and renumbering sec. 9 as section 1.
Amend sec. 9, page 6, line 21, by deleting:
“town that is governed by a town board,” and inserting “town,”.
Amend sec. 9, page 6, by deleting line 24 and inserting:
“board, citizens’ advisory council or town advisory board, whichever is applicable.”.
Amend the bill as a whole by deleting sec. 10.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; revising provisions governing applications for variances or special use permits with regard to property located within an unincorporated town; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to certain applications for variances or special use permits. (BDR 22‑371)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted, as amended.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 439.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 315.
Amend section 1, page 2, by deleting line 16 and inserting:
“collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted, as amended.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 605.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 343.
Amend sec. 3, page 5, line 5, by deleting the comma.
Amend sec. 3, page 5, by deleting line 6 and inserting:
“of a building for”.
Amend sec. 3, page 5, line 8, by deleting the semicolon and inserting:
“if such assistance is authorized pursuant to an interlocal agreement between the state fire marshal and the state public works board.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted, as amended.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that upon return from the printer Assembly Bill No. 605 be placed on the Chief Clerk’s desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 674 be taken from the Second Reading File and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 64 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 221 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 271 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 560 be re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Bache.
Motion carried.
Mr. Speaker announced that if there were no objection, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 4:56 p.m.
ASSEMBLY IN SESSION
At 5:35 p.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 380.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 478.
Amend section 1, pages 1 and 2, by deleting lines 3 through 14 on page 1 and lines 1 through 12 on page 2, and inserting:
“1. The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, all such water rights so acquired are governed by the applicable law of this state in effect on the date on which the United States appropriated water for initiation of the project, unless the water rights vested under the law in this state before the time the United States first appropriated or otherwise acquired the water for initiation of the project. If the water right vested under the law in this state before appropriation or acquisition by the United States, the date of initiation of the water right is determined according to the date on which the water was first diverted under that appropriation or acquisition by the United States.
2. No water rights, in addition to those allocated under applicable court decrees, are granted, stated or implied by the determination of the date of priority pursuant to subsection 1.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 3, page 3, by deleting lines 3 through 11 and inserting:
“4. For the purposes of this section, a water right acquired for use in a federal reclamation project shall be deemed to be appurtenant to the property of any person who owns water rights within the project and may be used on any portion of that property within the project if the cumulative amount of water so used does not exceed the total amount of water owned by the holder of the water right.”.
Amend sec. 4, page 3, by deleting lines 20 through 33 and inserting:
3. No]Rights to the use of surface water shall
not be deemed to be lost or otherwise forfeited for the failure to use the
water therefrom for a beneficial purpose. In a determination of whether a right
to use surface water has been abandoned, a presumption that the right to use
the surface water has not been abandoned is created upon the submission of:
(a) Records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:
(1) The delivery of water;
(2) The payment of any costs of maintenance and other operational costs incurred in delivering the water;
(3) The payment of any costs for capital improvements, including works of diversion and irrigation; or
(4) The actual performance of maintenance related to the delivery of the water.
(b) A copy of a local ordinance or other equivalent governmental document in which the governing body of a local government of this state or a public utility which is a purveyor of water within this state requires the dedication of or otherwise recognizes the water rights as a resource for the current or future municipal water supply.”.
Amend sec. 4, page 4, by deleting lines 5 and 6.
Amend the bill as a whole by deleting sections 5 through 8 and adding a new section designated sec. 4, following sec. 4, to read as follows:
“Sec. 4. This act becomes effective upon passage and approval.”.
Amend the title of the bill, sixth and seventh lines, by deleting:
“requiring a district court to decide protests of applications to appropriate water;”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 39.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 39:
Yeas—42.
Nays—None.
Assembly Bill No. 39 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 141.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 141:
Yeas—41.
Nays—Angle.
Assembly Bill No. 141 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 200.
Bill read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Bill No. 200:
Yeas—42.
Nays—None.
Assembly Bill No. 200 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 238.
Bill read third time.
Remarks by Assemblywoman Evans.
Potential conflict of interest declared by Assemblywoman Evans.
Roll call on Assembly Bill No. 238:
Yeas—38.
Nays—Angle, Berman, Gustavson, Von Tobel—4.
Assembly Bill No. 238 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 247.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 247:
Yeas—39.
Nays—Angle, Cegavske, Gustavson—3.
Assembly Bill No. 247 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 418.
Bill read third time.
Remarks by Assemblymen Ohrenschall, Hettrick, Beers, Arberry, Buckley, de Braga, Goldwater, Manendo and Gustavson.
Assemblymen Gustavson, Buckley, and Arberry moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 418.
Roll call on Assembly Bill No. 418:
Yeas—28.
Nays—Beers, Berman, Brower, Cegavske, de Braga, Dini, Gustavson, Hettrick, Lee, Marvel, Nolan, Tiffany—12.
Not Voting—Angle, Carpenter—2.
Assembly Bill No. 418 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
REMARKS FROM THE FLOOR
Assemblyman Humke requested that his remarks be entered in the Journal.
On the vote taken on AB 418 I absentmindedly voted “Yes” when I intended to vote “No” in accordance with my earlier vote today, my vote in committee and in previous votes on these issues in prior sessions.
general file and third reading
Assembly Bill No. 441.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 441:
Yeas—42.
Nays—None.
Assembly Bill No. 441 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 450.
Bill read third time.
Remarks by Assemblywoman Parnell.
Roll call on Assembly Bill No. 450:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 450 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 456.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Assembly Bill No. 456:
Yeas—42.
Nays—None.
Assembly Bill No. 456 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 539.
Bill read third time.
Remarks by Assemblywoman Parnell.
Roll call on Assembly Bill No. 539:
Yeas—42.
Nays—None.
Assembly Bill No. 539 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 574.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 574:
Yeas—42.
Nays—None.
Assembly Bill No. 574 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 599.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 599:
Yeas—42.
Nays—None.
Assembly Bill No. 599 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 606.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 606:
Yeas—42.
Nays—None.
Assembly Bill No. 606 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 611.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 611:
Yeas—42.
Nays—None.
Assembly Bill No. 611 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 637.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 637:
Yeas—41.
Nays—Parks.
Assembly Bill No. 637 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 640.
Bill read third time.
Remarks by Assemblymen Lee, Collins.
Roll call on Assembly Bill No. 640:
Yeas—41.
Nays—Angle.
Assembly Bill No. 640 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 644.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 644:
Yeas—42.
Nays—None.
Assembly Bill No. 644 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 21.
Resolution read third time.
Remarks by Assemblymen Carpenter and Price.
Roll call on Assembly Joint Resolution No. 21:
Yeas—42.
Nays—None.
Assembly Joint Resolution No. 21 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 221.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 221:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 221 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 45; Senate Concurrent Resolution No. 29.
Mr. Speaker announced that if there were no objection, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 6:30 p.m.
ASSEMBLY IN SESSION
At 7:33 p.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 58.
The following Senate amendment was read:
Senate Amendment No. 199
Amend sec. 3, page 1, line 12, by deleting “the licensed ” and inserting “any”.
Assemblywoman Buckley moved the adoption of the amendment.
Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 58.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered enrolled.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Katie Lusk.
Assemblyman Perkins moved that the Assembly adjourn until Monday April 12, 1999, at 10:00 a.m.
Motion carried.
Assembly adjourned at 7:36 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon