THE EIGHTY-FIFTH DAY
Carson City (Monday), April 26, 1999
Assembly called to order at 10:47 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Gibbons, who was excused.
Prayer by the Chaplain, Reverend Ken Haskins.
“God’s Dream”––by Thomas Clark
Dreams are they—God’s dreams!
Shall we decry them and scorn them?
That men shall love one another,
That white shall call black men brother,
That greed shall pass from the marketplace,
That lust shall yield to love for the race,
That men shall meet with God face-to-face.
Dreams are they all, but shall we despise them? God’s dreams!
Dreams are they –to become men’s dreams!
Can we say nay as they claim us?
That men should cease from their hating,
That wars shall soon be abating,
That the glory of Kings and Lords shall pale,
That pride of dominion and power shall fail,
That love of humanity shall prevail.
Dreams are they all. But shall we despise them? God’s dreams!
Dear Heavenly Father, every day we marvel at the results of Your dreams. The heavens and earth declared Your handiwork and Your creativity. Father, teach us to dream again. Teach us to dream Your dreams again. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 92, 101, 175, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 121, 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
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 23, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 6, 49, 50, 51, 52.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Judiciary:
Assembly Concurrent Resolution No. 53—Directing the Legislative Commission to conduct an interim study of the integration of state and local child welfare systems in this state.
Assemblyman Anderson moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Concurrent Resolution No. 15.
Assemblyman Bache moved the adoption of the resolution.
Remarks by Assemblyman Bache.
Resolution adopted.
Senate Concurrent Resolution No. 16.
Resolution read.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 718.
Amend the resolution, page 2, line 31, by deleting the semicolon and inserting:
“and to make an effort to meet personally with those members as soon as practicable after the appointment of the committee;”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
SECOND READING AND AMENDMENT
Assembly Bill No. 151.
Bill read second time and ordered to third reading.
Assembly Bill No. 288.
Bill read second time and ordered to third reading.
Assembly Bill No. 656.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 713.
Amend section 1, page 1, line 3, by deleting “$124,044” and inserting “$171,070”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 658.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 714.
Amend section 1, page 1, line 3, by deleting “$385,981” and inserting “$387,307”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 382.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 19.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 111 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.
Remarks by Assemblyman Bache.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 682—AN ACT making an appropriation to the City of Las Vegas for the California-Nevada Super Speed Ground Transportation Commission; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
CONSENT CALENDAR
Senate Bills Nos. 166 and 344.
Bills read by number.
Roll call on Senate Bills Nos. 166 and 344:
Yeas—41.
Nays—None.
Excused—Gibbons.
Senate Bills Nos. 166 and 344 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
general file and third reading
Assembly Bill No. 158.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 731.
Amend the bill as a whole by renumbering sec. 30 as sec. 31 and adding a new section designated sec. 30, following sec. 29, to read as follows:
“Sec. 30. Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session are hereby repealed.”.
Amend sec. 30, page 21, line 17, by deleting “29,” and inserting “30,”.
Amend the bill as a whole by adding the text of the repealed sections, following sec. 31, to read as follows:
“
TEXT OF REPEALED SECTIONS
Sections 1, 3, 5 and 6 of Senate Bill No. 232 of this session:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:
A child-placing agency shall, to the extent practicable, give preference to the placement of a child for adoption or permanent free care together with his siblings.
Sec. 3. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive, and section 1 of this act, unless the context otherwise requires:
1. “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.
2. “Child-placing agency” means the division or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.
3. “Person” includes a hospital.
4. “Recommend the placement of a child” means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.
Sec. 5. NRS 128.110 is hereby amended to read as follows:
128.110 1. Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement.
2. If the child is placed in the custody and control of a person or agency qualified by the laws of this state to receive children for placement, the person or agency , [may,]in seeking to place the child[,] :
(a) May give preference to the placement of the child with any person related within the third degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) Shall, if practicable, give preference to the placement of the child together with his siblings.
Sec. 6. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that [the] a child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:
(a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) If practicable, together with his siblings.
If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 199.
Bill read third time.
Remarks by Assemblymen Beers, Buckley and Carpenter.
Roll call on Assembly Bill No. 199:
Yeas—37.
Nays—Buckley, Claborn, Collins, Gustavson—4.
Excused—Gibbons.
Assembly Bill No. 199 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 344.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 344:
Yeas—41.
Nays—None.
Excused—Gibbons.
Assembly Bill No. 344 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 24.
Bill read third time.
Assemblywoman Buckley moved that Senate Bill No. 24 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
Senate Bill No. 352.
Bill read third time.
Remarks by Assemblymen McClain and Carpenter.
Roll call on Senate Bill No. 352:
Yeas—40.
Nays—Carpenter.
Excused—Gibbons.
Senate Bill No. 352 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 499.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 499:
Yeas—41.
Nays—None.
Excused—Gibbons.
Senate Bill No. 499 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 11:44 a.m.
ASSEMBLY IN SESSION
At 11:58 a.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 26, 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. 34.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 34.
Assemblyman Humke moved the adoption of the resolution.
Remarks by Assemblyman Humke.
Resolution adopted unanimously.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 48; Senate Bills Nos. 36, 173, 202, 204, 217, 268, 367, 456, 480, 483, 498, 533; Senate Concurrent Resolutions Nos. 32, 33.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Terry Lee White.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Kissam and Bill Kissam, Jr.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Ray Williams, Jr., Ray Salisbury, Martin Troutt and Raymond Troutt.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Lisa Allen, Shane Clifford, Nadine Collins, Jesse Duncan, Justin Frazier, Glen Greene, Jennifer Harp, Keith Henry, Misti Johnson, Jennifer Jurczak, Samuel Koepnick, Stephanie Lindhe, Anntoinette Miller, Jennifer Parker, Teyana Peterson, Raymond Polson, Cody Premo, Penny Thomas, Mark Turnage, Noelle Van Pool, Jamie Wagner, Cherie Barbetti, Ryan Campbell, Justin Cassell, Travis Cole, Heidi Cusick, Michael Gallardo, Deanna John, Janelle Jones, Justin Juliot, Cheri Keller, Joshua Kirby, Jeremy Knopp, Renee Longfield, Vanessa Mason, Drake McElroy, Joshua Miller, Jennifer Pacheco, Sean Penley, Amanda Turley, Nicholas Zilsdorf, Roxanne Betts, Victor Block, Audrey Brooks, Michael Clark, Cody Cole, Rene Doyle, Paula Estes, Ashleigh Fredrick, Daniel Houston, Eric Magiera, Angela Maguin, Michael Rajki, Anna Snyder, Sarah Taylor, Earl Tunnell, Manuel Bettencourt, Christine Boyles, Kelly Burroughs, James Crain, Candace Draper, Kenneth Dunster, Jason Gardner, Beau Geil, Steven Gillespie, Amanda Haas, Steve Henderson, Lauren Heryford, Jennifer Hule, James Jackson, Amanda Jenkins, Adam Lauritzen, Patrick MacLaurin, Angela Magiera, Robert Morser, Misty Mortensen, Devon Murdock, Michelle Peterson, Daniel Ponder, Marci Ramirez, Elena Sanchez, Lafayette Simpson, Shauna Tuller, Kim Urie Jr., Kyle Venture, James Weimar, Katrina Block, Lucas Franich, Amanda Hayes, Michael Hodgden, Morgan Jones, Andrew Knoll, Julila Lorge, Cody McCullar, Scott Michaelsen, Jarrad Prida, Amanda Sensibaugh, Justin Smith, James Throop, Jennifer Underwood, Pete Chapin and Pat Christensen.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Tillman Jones, Jeanne Herman and Patricia Tripple.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Dennis Allard, Sue Holloway and Bobbie Quinn.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Gronauer and Jane Wisdom.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Tebeao Piquet, Gaylyn Spriggs, Greg Bristol, Harold Jacobsen and Alice Jacobson.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Dan Paggione.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 28, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:09 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon