THE EIGHTY-SEVENTH DAY
Carson City (Wednesday), April 28, 1999
Assembly called to order at 11:38 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Ken Haskins.
O Lord God, be gracious to us and bless us. Cause Your face to shine upon us that we may know Your way. Grant us the wisdom and the courage to decide rightly the issues before us and may our efforts prove pleasing in Your sight. In Jesus' Name I 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 54, 64, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 131, 407, 487, 510, 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 Senate Bill No. 263, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 61, 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 were referred Senate Bills Nos. 62, 453, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 360, 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 Judiciary.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 243, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Senate Bills Nos. 65, 67, 209, 301, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne S. Chowning, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 277, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 674, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 112, 458, 591, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 64, 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 Ways and Means, to which were referred Assembly Bills Nos. 416, 660 and Senate Bill No. 281, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
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 passed Assembly Bills Nos. 226, 261, 350, 374, 485.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, April 28, 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. 35.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, 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 Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 54—Designating April 28, 1999, as Workers’ Memorial Day in the State of Nevada.
Whereas, Since 1989, April 28 has been observed as Workers’ Memorial Day by the American Federation of Labor and Congress of Industrial Organizations; and
Whereas, Workers’ Memorial Day is not only a time to remember the workers who have succumbed to an occupational disease or been injured or killed on the job, but a time to renew the commitment to prevent these tragedies in the future; and
Whereas, This date is significant in that it is the anniversary of the enactment of the Occupational Safety and Health Act; and
Whereas, Every year millions of workers, or approximately one worker every 5 seconds, become a casualty of an occupational disease or are injured or killed on the job; and
Whereas, Too often these tragedies and the devastation they cause for these workers, their families and co-workers are quickly forgotten; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 70th session of the Nevada Legislature hereby designates April 28, 1999, as Workers’ Memorial Day, a day to honor and remember the workers who have succumbed to an occupational disease or been injured or killed as a result of work-related accidents; and be it further
Resolved, That the residents of the State of Nevada are hereby urged to observe this day by recognizing the need for strengthening safety and health protections in the workplace so that future tragedies can be prevented.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblymen Giunchigliani, Collins, Ohrenschall and Price.
Resolution adopted unanimously.
Assemblywoman Giunchigliani moved that all rules be suspended and that Assembly Concurrent Resolution No. 54 be immediately transmitted to the Senate.
Motion carried unanimously.
By the Committee on Government Affairs:
Assembly Concurrent Resolution No. 55—Urging public bodies to allot an equal amount of time for certain testimony at public meetings.
Assemblyman Bache moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Concurrent Resolution No. 16.
Assemblyman Bache moved the adoption of the resolution.
Remarks by Assemblyman Bache.
Resolution adopted, as amended.
Senate Concurrent Resolution No. 35.
Assemblyman Marvel moved the adoption of the resolution.
Remarks by Assemblymen Marvel and de Braga.
Resolution adopted unanimously.
CONSENT CALENDAR
Senate Bills Nos. 92, 101, 175.
Bills read by number.
Roll call on Senate Bills Nos. 92, 101, 175:
Yeas—42.
Nays—None.
Senate Bills Nos. 92, 101, 175 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
SECOND READING AND AMENDMENT
Senate Bill No. 121.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 728.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sections 4 through 6 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:
(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and
(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.
The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
2. The information contained in the disclosure document required by subsection 1 must:
(a) Be updated not less than once every 4 months;
(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information.
3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
4. As used in this section, “seller” has the meaning ascribed to it in NRS 113.070.”.
Amend sec. 4, page 4, by deleting lines 1 through 6 and inserting:
“6. As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
general file and third reading
Assembly Bill No. 151.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 151:
Yeas—42.
Nays—None.
Assembly Bill No. 151 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 158.
Bill read third time.
Remarks by Assemblymen Koivisto, Buckley and Carpenter.
Roll call on Assembly Bill No. 158:
Yeas—42.
Nays—None.
Assembly Bill No. 158 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 288.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 288:
Yeas—42.
Nays—None.
Assembly Bill No. 288 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 656.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 656:
Yeas—42.
Nays—None.
Assembly Bill No. 656 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 658.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 658:
Yeas—42.
Nays—None.
Assembly Bill No. 658 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 111.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 732.
Amend section 1, page 1, by deleting lines 3 through 9 and inserting:
“1. A state agency [shall] may enter into an agreement to pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:
(a) The agency [entered into an agreement with the member under which the member was employed] enters into the agreement before the member is employed;
(b) The member is employed upon the condition that the employer pay the cost of purchasing the credit; and
[(b)] (c) The agreement to [purchase]
pay the cost of purchasing the credit
is in writing, becomes part of ”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 382.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 382:
Yeas—42.
Nays—None.
Senate Bill No. 382 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 19.
Resolution read third time.
Remarks by Assemblymen Bache, Giunchigliani and Chowning.
Roll call on Senate Joint Resolution No. 19:
Yeas—42.
Nays—None.
Senate Joint Resolution No. 19 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bill No. 24 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Perkins.
Motion carried.
general file and third reading
Senate Bill No. 24.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 24:
Yeas—41.
Nays—None.
Excused—Humke.
Senate Bill No. 24 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Reports of Conference Committees
Mr. Speaker:
The first Conference Committee concerning Assembly Bill No. 55, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA1, which is attached to and hereby made a part of this report.
Mark A. Manendo Jon C. Porter
John C. Carpenter Terry Care
Jerry D. Claborn Mike McGinness
Assembly Committee on Conference Senate Committee on Conference
Conference Amendment No. CA1
Amend section 1, page 1, by deleting lines 10 and 11 and inserting:
“(d) Shall knowingly burn stolen metallic wire to remove insulation,”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to scrap metal; prohibiting the burning of stolen metallic wire to remove insulation; requiring junk dealers to obtain certain”.
Assemblyman Manendo moved to adopt the report of the first Conference Committee concerning Assembly Bill No. 55.
Remarks by Assemblyman Manendo.
Motion carried.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolutions Nos. 6, 49, 50, 51, 52; Senate Bills Nos. 7, 99, 100, 183, 238, 494.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Don Hunter, John Mountjoy and Mike Conway.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Cecil Montgomery.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Vivian Pickett.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Maddaford and Marion Miles.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Alyce King.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Margaret Miller Bath.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Lani.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Cook.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jackie Briggs and Louise Nunes.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Rose Echan and Freida Henning.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Fladager.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Gertrude Gottschalk.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Rosemarie Price, Ryan Adair, Jacob Albin, David Arrigotti, Mike Bartlett, Jessica Bean, Jennifer Benedict, Wendy Bueno, Christine Cain, Ciara Cavin, Eric Clark, Terrance Deeds, Brandi Duncan, Christopher Fletcher, Christina Galentine, Stephanie Hatzi, Robin Hopper, Larunda Johnson, Jerry Klopf, David Krueger, Tonya Lammay, Kristin Moore, Kelly O’Neil, Andres Ortega, Erin Pieretti, Shawna Schumacher, Andy Spuehler, Greg Stockhoff, Marcos Urbina, Francisco Vega, Ike Alldredge, Alexis Anastassatos, Ian Amsler, Amelia Carr, Emily Cavolick, Theron Couch, Lesley Custodio, Jennifer DeRiemer, Jessica Elbert, Brian Foley, Andrew Hanson, Melissa Hoffman, Jennifer James, Todd Jewett, Erin Miller, Waleska Molina, Vicki Newberry, Jimmy Robertson, Danny Rogers, Frances Arnold, Travis Burt, Nicholas Chalmers, Patrick Coltrin, Megan Friedman, Chris Jibson, Donella Jones, Jennifer Massa, David Moya, Cari Nelsen, Heather Piersanti, Jesus Santoyo, Sara Sura, Jessi Alferez, Rachael Austin, Abigail Brown, Megan Davis, Micahel Digangi, Meagan Elliott, Jennifer Fozard, Michelle Gamble, Julie Gardarian, Erin Gardner, Christina Green, Jessica Hallberg, Jamie Hanselman, Kristen Helseth, Adriane Henningsen, Tara Isbell, Audrey Martin, Dave Meehan, Alisha Olson, Jaime Parker, Bridget Peachay, Rachele Pederson, Courtney Pedro, Corrie Raabe, Erin Revak, Rachel Sattler, Laura Smith, Katie West, Dana Baum, Amy Bliss, Patrick Capurro, Sara Comeaux, Denise Crowl, Jamie Hansen, Sarah Howard, Katrina Karlsson, Heather Lubich, Eric Martin, Marce Morgan, Erin Mulvaney, Andy Pennington, Jerome Santos, Katie Schaefer, Nicole Schoka, Teague Strekal, Jared Tatro, Chris Taylor, Patrick Taylor, Logan Walker, Bryan Werlinger, Kristina Yeskie, Alexis Anderson, Nicholas Araza, Janelle Bessette, Breanne Brolsma, Nathan Brown, Nicole Chaney, James Chavez, Ethan Cleveland, James Eddington, Margie Foster, Karl Giese, Katherine Gooding, Justin Holt, Courtney Jones, Kimberly Jordan, Debbie Koniak, Steve Lauridsen, Jennifer Libby, Candice Menesini, Andy Munoz, Karla Navarro, Katie O’Shaugnessy, Eugene Paik, Christina Pasek, Sierra Scott, Justin Sison, Molly Stone, Amanda Walker, James Williams, Melissa Williamson, Sarah Wurster, Mr. Longero and Mr. Sullivan.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Lucien Benjamin.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Bud Green and Kay Green.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Jan Chastain and Bridget Diana Peachay.
On request of Assemblyman Thomas, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Bondiett.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 29, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:41 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon