Carson City (Thursday), April 29, 1999
Assembly called to order at 11:29 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Humke and Tiffany, who were excused.
Prayer by the Chaplain, Reverend Ken Haskins.
Loving Heavenly Father, You are by nature generous. You are the provider of every good and perfect gift. You have taught us that it is more blessed to give than to receive. Bless these servants of Yours and the people, who give themselves wholeheartedly to improving the quality of life for every citizen of this Great State of Nevada. We pray in the Name of the One who is Your indescribable Gift. 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 Senate Bill No. 56, 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 Judiciary, to which was referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
MESSAGES FROM 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 passed Assembly Bills Nos. 227, 251, 375.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 19, 54.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 711 to Senate Bill No. 326.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in Assembly Amendment No. 709 to Senate Bill No. 532.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 55.
Mary Jo Mongelli
Assistant Secretary of the Senate
CONSENT CALENDAR
Senate Bills Nos. 62, 243, 453.
Bills read by number.
Roll call on Senate Bills Nos. 62, 243, 453:
Yeas—39.
Nays—None.
Excused—Humke, Nolan, Tiffany—3.
Senate Bills Nos. 62, 243, 453 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 61 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 131 be taken from the Second Reading File and re-referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 416.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 721.
Amend section 1, page 1, line 3, by deleting “$6,963,440” and inserting “$6,970,765”.
Amend sec. 2, page 1, line 6, by deleting “$1,334,472” and inserting “$1,797,547”.
Amend sec. 3, page 1, line 11, by deleting “$7,700,932,” and inserting “$7,230,494,”.
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. 660.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 726.
Amend section 1, page 2, line 1, after “2.” by inserting:
“Each person employed pursuant to subsection 1 must be provided the same benefits as all other state employees, including, without limitation, annual leave, sick leave, pay to encourage continuity of service, group health insurance, workers’ compensation insurance, unemployment compensation benefits and contributions to the public employees’ retirement system.
3.”.
Amend section 1, page 2, line 2, by deleting:
“Determine the salaries and benefits” and inserting:
“Except as otherwise provided in subsection 4, determine the salaries”.
Amend section 1, page 2, between lines 7 and 8, by inserting:
“4. The governor shall not increase the salary of a person employed pursuant to subsection 1 by more than 7 1/2 percent per budgeted biennium, excluding the percentage of any cost of living increase that is provided to all state employees and any increase in a benefit that is provided to all state employees, including, without limitation, insurance and retirement benefits. As used in this subsection, the term “salary” includes all monetary and nonmonetary benefits provided to the person for the performance of his duties as a public employee.
5. The governor shall transmit to the interim finance committee a report of any change in the number of persons employed pursuant to subsection 1 and of the annual dollar amount and percentage of any change in the salary or other monetary or nonmonetary benefits provided to a person employed pursuant to subsection 1, within 30 days after the change becomes effective.”.
Amend sec. 3, page 3, line 3, after “3.” by inserting “1.”.
Amend sec. 3, page 3, between lines 5 and 6, by inserting:
“2. If a new salary is established pursuant to NRS 223.085, as amended by this act, for a position in the office of the governor which is the same as or substantially similar in duties to one that exists on the effective date of this act, the new salary must not be greater than 7 1/2 percent more than the previous salary established in subsection 1 of section 1 of chapter 562, Statutes of Nevada 1997, at page 2728, for the same or substantially similar position, excluding the percentage of any cost of living increase that is provided to all state employees after the effective date of this act and before the date on which the salary is determined.”.
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. On or before September 30, 1999, the governor shall transmit a report to the interim finance committee which lists the positions created pursuant to subsection 1 of NRS 223.085, as amended by this act, and includes the duties and annual dollar amount of the salary and any other monetary and nonmonetary benefits to be provided for each position.”.
Amend the title of the bill, third and fourth lines, by deleting “and benefits”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 674 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 54.
Bill read second time and ordered to third reading.
Senate Bill No. 64.
Bill read second time and ordered to third reading.
Senate Bill No. 65.
Bill read second time and ordered to third reading.
Senate Bill No. 67.
Bill read second time and ordered to third reading.
Senate Bill No. 209.
Bill read second time and ordered to third reading.
Senate Bill No. 263.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 729.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 9 as sections 5 through 8.
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. 277.
Bill read second time and ordered to third reading.
Senate Bill No. 281.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 723.
Amend section 1, page 1, line 3, by deleting “$35,000” and inserting “$13,918”.
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. 301.
Bill read second time and ordered to third reading.
Senate Bill No. 360.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 734.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 5 through 8 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “laser pointer” means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
Sec. 3. 1. Except as otherwise provided in subsection 2, a person shall not direct light emitted from a laser pointer into or through a public place.
2. A person who is 19 years of age or older may direct light emitted from a laser pointer into or through a public place if he directs the light for a valid purpose related to his employment during the hours of his employment.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 4. 1. A person shall not direct light emitted from a laser pointer at a uniformed peace officer, security guard, traffic officer, fireman, emergency medical attendant or ambulance driver or attendant.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
3. As used in this section:
(a) “Emergency medical attendant” has the meaning ascribed to it in NRS 41.139.
(b) “Security guard” has the meaning ascribed to it in NRS 648.016.”.
Amend sec. 3, page 4, by deleting line 43 and inserting:
“committed before October 1, 1999.”.
Amend sec. 4, page 5, line 1, by deleting “2” and inserting “6”.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; prohibiting certain acts relating to the use of laser pointers; revising the penalty for the crime of petit larceny; revising the penalty for the crime of driving a vehicle while under the influence of alcohol or a controlled substance; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting “Revises” and inserting:
“Prohibits certain acts relating to use of laser pointers and revises”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Senate Bill No. 360 be re-referred to the Committee on Judiciary.
Bill ordered reprinted, re-engrossed and to the Committee on Judiciary.
Senate Bill No. 407.
Bill read second time and ordered to third reading.
Senate Bill No. 487.
Bill read second time and ordered to third reading.
Senate Bill No. 510.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 64.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 724.
Amend the bill as a whole by renumbering sections 132 through 137 as sections 133 through 138 and adding a new section designated sec. 132, following sec. 131, to read as follows:
“Sec. 132. 1. There is hereby appropriated from the state general fund to the division of financial institutions of the department of business and industry for costs associated with the hiring of additional personnel necessary to carry out the provisions of this act:
For the fiscal year 1999-2000 $66,269
For the fiscal year 2000-2001 $58,399
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend sec. 137, page 80, line 3, by deleting “act becomes” and inserting:
“section and sections 1 to 131, inclusive, and 133 to 137, inclusive, of this act become”.
Amend sec. 137, page 80, line 6, after “2.” by inserting:
“Section 132 of this act becomes effective on July 1, 1999.
3.”.
Amend the title of the bill, ninth line, after “bond;” by inserting:
“making an appropriation;”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 112.
Bill read third time.
Remarks by Assemblymen Beers and Brower.
Potential conflict of interest declared by Assemblyman Brower.
Roll call on Assembly Bill No. 112:
Yeas—40.
Nays—None.
Excused—Humke, Tiffany—2.
Assembly Bill No. 112 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 458.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 458:
Yeas—40.
Nays—None.
Excused—Humke, Tiffany—2.
Assembly Bill No. 458 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 591.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 591:
Yeas—40.
Nays—None.
Excused—Humke, Tiffany—2.
Assembly Bill No. 591 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.
Remarks by Assemblymen Bache and Parks.
Potential conflict of interest declared by Assemblyman Parks.
Roll call on Senate Bill No. 111:
Yeas—40.
Nays—None.
Excused—Humke, Tiffany—2.
Senate Bill No. 111 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 121.
Bill read third time.
Remarks by Assemblymen Nolan, Chowning, Anderson, Price, Bache and Parks.
Potential conflict of interest declared by Assemblymen Chowning, Price and Parks.
Roll call on Senate Bill No. 121:
Yeas—40.
Nays—None.
Excused—Humke, Tiffany—2.
Senate Bill No. 121 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Recede From Assembly Amendments
Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 532, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Bache.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Lee, Gibbons and Parnell as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 532.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 226, 261, 350, 374, 485; Senate Bills Nos. 166, 326, 344, 352; Senate Concurrent Resolutions Nos. 15, 34.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Ashley Massey.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Bachman and Jessica Poplin.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Bernadette Anthony, Jennifer Roan and Mary Rautenstrauch.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Browne.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Paige and Tammy Oakes.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Lauren Kepner.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Peggy Etchemendy and Ellen Kingsley.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Vicki L. Coscino.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Santa Holguin Lawrence and Miriam Quintana.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to D.J. Stutz, Cyndi Hernandez, Martha McLellan and Lisa Weaver.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Sharon Irvin and Kris Sampson.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Dolores Antoniazzi.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Sarah D. Prinzio and Stacy Sorensen.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Ramona Anchondo and Marianne Hamrick.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Janet Nordine.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Trish Sietsema and Tarron Collins.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Stone.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Jennifer Gonzalez.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Patricia Ortloff.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Dean Johnson.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Danni Wilson and Barbara Deyoe.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Tracey Kreiling and Vicky Brosius.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Sue Ising.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Dixie Worden and Ron Brosius.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Kathi Allen.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Renie Hawkins and Linda Hardin.
Assemblyman Perkins moved that the Assembly adjourn until Friday, April 30, 1999 at 10:30 a.m. and that it do so in memory of Vickie Demas.
Motion carried.
Assembly adjourned at 12:20 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon