THE SEVENTY-EIGHTH DAY
Carson City (Monday), April 19, 1999
Assembly called to order at 11:30 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, we give You thanks for this beautiful day, for Your abundant goodness and mercies that are new every morning . We pray for protection and safety for our troops in Europe and pray for the many innocent people caught in the middle of the conflict. We also pray for this body of Legislators, their staff, and families. May You, Lord give to each one wisdom and understanding to effectively and rightly serve the people of Nevada. In the name of the Most High God, we pray. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 668 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 577 be taken from its position on the General File and placed at the bottom of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 13, 577 and 673.
general file and third reading
Assembly Bill No. 668.
Bill read third time.
The following amendment was proposed by Assemblymen Giunchigliani,
Neighbors, Buckley and Bache:
Amendment No. 694.
Amend the bill as a whole by deleting sections 1 through 6 and inserting:
“Secs. 1-6. (Deleted by amendment.)”.
Amend sec. 31, page 17, line 28, by deleting “1, 2 and”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 160.
Bill read third time.
Remarks by Assemblymen Chowning and Von Tobel.
Roll call on Assembly Bill No. 160:
Yeas—39.
Nays—Collins, Gibbons, Goldwater—3.
Assembly Bill No. 160 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 380.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 380:
Yeas—42.
Nays—None.
Assembly Bill No. 380 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 431.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 431:
Yeas—29.
Nays—Angle, Beers, Berman, Brower, Cegavske, Dini, Gibbons, Gustavson, Humke, Lee, Marvel, Ohrenschall, Von Tobel—13.
Assembly Bill No. 431 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 453.
Bill read third time.
Remarks by Assemblymen Chowning, Mortenson and Gustavson.
Roll call on Assembly Bill No. 453:
Yeas—20.
Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, de Braga, Dini, Evans, Gibbons, Gustavson, Hettrick, Humke, Lee, Marvel, Mortenson, Neighbors, Parks, Perkins, Price, Tiffany, Von Tobel—22.
Assembly Bill No. 453 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Assembly Bill No. 470.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 470:
Yeas—33.
Nays—Angle, Beers, Brower, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan—9.
Assembly Bill No. 470 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 577 be taken from its position on the General File and placed at the top of the General File.
Remarks by Assemblyman Perkins.
Motion carried.
general file and third reading
Assembly Bill No. 577.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 697.
Amend the bill as a whole by renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. 1. There is hereby appropriated from the state general fund to the court administrator of the Second Judicial District of the State of Nevada the sum of $10,000 for the continuation of its program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580.
2. There is hereby appropriated from the state general fund to the court administrator of the Eighth Judicial District of the State of Nevada the sum of $15,000 for the continuation of its program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580.
3. The money appropriated by subsections 1 and 2 must be used to supplement and not supplant or cause to be reduced any other source of funding for the program of treatment established, respectively, in the Second and Eighth Judicial District Court pursuant to NRS 453.580.
4. Any remaining balances of the appropriations made by subsections 1 and 2 of this act must not be committed for expenditure after June 30, 1999, and revert to the state general fund as soon as all payments of money committed have been made.”.
Amend sec. 8, page 10, by deleting lines 6 through 9 and inserting:
“Sec. 9. 1. Section 7 of this act becomes effective upon passage and approval or on June 30, 1999, whichever occurs earlier.
2. This section and sections 1 to 5, inclusive, and 8 of this act become effective on October 1, 1999.
3. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, first line, after “marihuana;” by inserting:
“making appropriations for the continuation of certain court programs of treatment for the abuse of alcohol or drugs;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Assemblywoman Giunchigliani moved that upon return from the printer Assembly Bill No. 577 be placed on the Chief Clerk’s desk.
Motion carried.
Bill ordered reprinted, re-engrossed and to Chief Clerk’s desk.
Assembly Bill No. 477.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 477:
Yeas—38.
Nays—Collins, Gustavson—2.
Not Voting—Angle, Carpenter—2.
Assembly Bill No. 477 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 486.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 486:
Yeas—42.
Nays—None.
Assembly Bill No. 486 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 492.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 492:
Yeas—42.
Nays—None.
Assembly Bill No. 492 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 515.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 515:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 515 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 542.
Bill read third time.
Assemblyman Anderson moved that Assembly Bill No. 542 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Anderson.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 673 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 13 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Arberry.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 653 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Arberry.
Motion carried.
Assemblywoman Giunchigliani moved that Asembly Bill No. 217 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Anderson moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:16 p.m.
ASSEMBLY IN SESSION
At 12:48 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 217 be taken from its position on the General File and placed at the top of the top General File.
Remarks by Assemblyman Perkins.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 542 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Perkins.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 577 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 217.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 693.
Amend section 1, pages 1 and 2, by deleting lines 3 through 9 on page 1 and lines 1 through 12 on page 2, and inserting:
“A public school shall afford the parents and legal guardians of pupils who are enrolled in the school an opportunity to submit written comments regarding the supplemental textbooks proposed for instructional use.”.
Amend sec. 2, page 2, by deleting line 19 and inserting:
“or originally formatted videotapes,”.
Amend sec. 3, page 2, by deleting lines 36 through 40 and inserting:
“3. Any school officer or teacher who violates the provisions of this”.
Amend the title of the bill to read as follows:
Amend the summary of the bill, first line, by deleting “for public” and inserting “for parental”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 553.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 553:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 553 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 628.
Bill read third time.
Remarks by Assemblymen Parks and Nolan.
Conflict of interest declared by Assemblyman Nolan.
Roll call on Assembly Bill No. 628:
Yeas—40.
Nays—None.
Not Voting—Nolan.
Excused—Carpenter.
Assembly Bill No. 628 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 633.
Bill read third time.
Remarks by Assemblymen Humke and Collins.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Potential conflict of interest declared by Assemblymen Collins and Lee.
Roll call on Assembly Bill No. 633:
Yeas—40.
Nays—Gustavson.
Excused—Carpenter.
Assembly Bill No. 633 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 634.
Bill read third time.
Remarks by Assemblymen Evans and Lee.
Potential conflict of interest declared by Assemblymen Collins and Lee.
Roll call on Assembly Bill No. 634:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 634 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 653.
Bill read third time.
Remarks by Assemblymen Arberry, Buckley and Brower.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Roll call on Assembly Bill No. 653:
Yeas—31.
Nays—Anderson, Buckley, Claborn, Collins, Koivisto, Leslie, Ohrenschall, Parnell, Perkins, Thomas—10.
Excused—Carpenter.
Assembly Bill No. 653 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 668 be placed at the top of the General File.
Remarks by Assemblyman Perkins.
Motion carried.
general file and third reading
Assembly Bill No. 668.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 668:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 668 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 1:15 p.m.
ASSEMBLY IN SESSION
At 2:15 p.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Assembly Bill No. 542.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 701.
Amend sec. 7, page 7, by deleting lines 24 through 36 and inserting:
“3. A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:
(a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:
(1) To travel to or from work or in the course and scope of his employment;
(2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or
(3) To transport himself or another member of his immediate family to or from school; or
(b) An alternative means of transportation is not available to a”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson and Segerblom.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 217, returned from the printer, be placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 217.
Bill read third time.
Remarks by Assemblymen Cegavske, Williams, Goldwater, Parnell, Anderson, Hettrick and Perkins.
Roll call on Assembly Bill No. 217:
Yeas—15.
Nays—Anderson, Arberry, Bache, Buckley, Claborn, de Braga, Dini, Evans, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Neighbors, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Williams—26.
Excused—Carpenter.
Assembly Bill No. 217 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 542, returned from the printer, be placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 542.
Bill read third time.
Remarks by Assemblymen Anderson and Giunchigliani.
Roll call on Assembly Bill No. 542:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 542 having received a two-thirds 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 Bills Nos. 122, 140, 305, 353; Assembly Concurrent Resolution No. 4; Senate Bill No. 115; Senate Concurrent Resolution No. 31.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Lyon.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Carrillo, Krystal Durbin, Heather Goff, Ana Gomez, Norma Lozano, Jassmin Martel, Malisha Peacock, Jessica Seyster, Jackie Silis, Kerrinna Urrea, Lanette White, Sheena Wiest, Tashina Wungnema, Ervine Baird and Cheryl Leonard.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, April 20, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 2:40 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon