THE NINETY-FIFTH DAY
Carson City (Thursday), May 6, 1999
Assembly called to order at 11:26 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, we call upon Your name on behalf of our nation, on this, the 48th annual National Day of Prayer. We pray for our national leaders, staff and families. We pray for our state officials, support staff and families. We come to You in the spirit and expectation of Your work, which in 2 Chronicles 7:14 states, "If My people who are called by My name will humble themselves, and pray and seek My face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land." Help us see and change the things that don’t please You Lord, forgive us our trespasses, and heal our land, most gracious God. 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 8, 44, 53, 140, 332, 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 Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 55, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 418, 433, 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 Bills Nos. 14, 274, 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 Government Affairs, to which was referred Senate Bill No. 369, 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 Government Affairs.
Also, your Committee on Government Affairs, to which was referred Senate Bill No. 68, 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.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Concurrent Resolution No. 9, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 242, 297, 314, 472, 515, 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 Senate Bill No. 508, 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.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 5, 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. 135, 138, 437; Senate Joint Resolution No. 15.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 62.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 129, Amendment No. 715, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 723 to Senate Bill No. 281.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 718 to Senate Concurrent Resolution No. 16.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Neal, Porter and Care as a first Conference Committee concerning Senate Bill No. 532.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Joint Resolution No. 15.
Assemblyman Perkins moved that the resolution be referred to the Committee on Election, Procedures, and Ethics.
Motion carried.
Assemblyman de Braga moved that Senate Bill No. 508 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 68 be re-referred to the Committee on Ways and Means.
Motion carried.
CONSENT CALENDAR
Senate Bill No. 462.
Bill read by number.
Roll call on Senate Bill No. 462:
Yeas—42.
Nays—None.
Senate Bill No. 462 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
general file and third reading
Assembly Bill No. 207.
Bill read third time.
Remarks by Assemblymen Goldwater and Claborn.
Roll call on Assembly Bill No. 207:
Yeas—38.
Nays—Angle, Brower, Cegavske, Marvel—4.
Assembly Bill No. 207 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 211.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 211:
Yeas—42.
Nays—None.
Assembly Bill No. 211 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 237.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 237:
Yeas—42.
Nays—None.
Assembly Bill No. 237 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 483.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 483:
Yeas—42.
Nays—None.
Assembly Bill No. 483 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 584.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 584:
Yeas—42.
Nays—None.
Assembly Bill No. 584 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 153.
Bill read third time.
Remarks by Assemblywomen Chowning and Buckley.
Roll call on Senate Bill No. 153:
Yeas—42.
Nays—None.
Senate Bill No. 153 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 267.
Bill read third time.
Remarks by Assemblymen Ohrenschall and Perkins.
Roll call on Senate Bill No. 267:
Yeas—42.
Nays—None.
Senate Bill No. 267 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 379.
Bill read third time.
Remarks by Assemblyman Claborn.
Roll call on Senate Bill No. 379:
Yeas—42.
Nays—None.
Senate Bill No. 379 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 490.
Bill read third time.
Remarks by Assemblymen Nolan and Chowning.
Roll call on Senate Bill No. 490:
Yeas—42.
Nays—None.
Senate Bill No. 490 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that Assembly Bill No. 674 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Arberry.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 341.
Bill read second time and ordered to third reading.
Assembly Bill No. 525.
Bill read second time and ordered to third reading.
Assembly Bill No. 657.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 746.
Amend section 1, page 1, line 2, by deleting “$10,491” and inserting “$12,160”.
Amend section 1, page 1, by deleting lines 4 and 5 and inserting:
“This appropriation is supplemental to that made by section 28 of chapter 446, Statutes of Nevada 1995, at page 1392.”.
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. 25.
Bill read second time and ordered to third reading.
Senate Bill No. 27.
Bill read second time and ordered to third reading.
Senate Bill No. 159.
Bill read second time and ordered to third reading.
Senate Bill No. 177.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 735.
Amend sec. 4, page 3, by deleting line 8 and inserting:
“requirements, as well as the review and regulation of architectural and”.
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 218.
Bill read second time and ordered to third reading.
Senate Bill No. 241.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 725.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. 1. This section and sections 2 to 5, inclusive, of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 1999.”.
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 250.
Bill read second time and ordered to third reading.
Senate Bill No. 288.
Bill read second time and ordered to third reading.
Senate Bill No. 315.
Bill read second time and ordered to third reading.
Senate Bill No. 351.
Bill read second time and ordered to third reading.
Senate Bill No. 398.
Bill read second time and ordered to third reading.
Senate Bill No. 412.
Bill read second time and ordered to third reading.
Senate Bill No. 449.
Bill read second time and ordered to third reading.
Senate Bill No. 454.
Bill read second time and ordered to third reading.
Senate Bill No. 465.
Bill read second time and ordered to third reading.
Senate Bill No. 517.
Bill read second time and ordered to third reading.
Senate Bill No. 542.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 11.
Resolution read second time and ordered to third reading.
Senate Joint Resolution No. 20.
Resolution read second time and ordered to third reading.
Assembly Bill No. 674.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 749.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Section 1. NRS is hereby amended by adding thereto a new Title, designated Title 59 of NRS, and adding to that Title a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.”.
Amend the bill as a whole by deleting sec. 15, renumbering sections 16 through 19 as sections 18 through 21 and adding new sections designated sections 15 through 17, following sec. 14, to read as follows:
“Sec. 15. The provisions of this chapter apply to any transaction for which a digital signature may be used to satisfy a requirement that a document or record be signed or in writing as set forth in section 16 of this act, including, without limitation, transactions carried out by private businesses and transactions carried out by governmental entities.
Sec. 16. 1. Except as otherwise provided in subsection 2, if each person or governmental entity who will be involved in the submission and acceptance of a record or other document agrees to the use of a digital signature, where a statute or rule of law requires that the record or other document be signed or in writing, the use of a message which:
(a) Represents the record or other document; and
(b) Is transformed by a digital signature,
shall be deemed to satisfy the statute or rule of law with respect to the requirement that the record or other document be signed or in writing.
2. The provisions of this section do not apply with respect to:
(a) A sworn statement;
(b) An acknowledgment;
(c) A record or other document that is required to be signed in the presence of a third party; or
(d) A record or other document with respect to which the requirement that the record or other document must be signed or in writing is accompanied by an additional qualifying requirement.
Sec. 17. 1. Except as otherwise provided by specific statute, a public agency may provide that any document submitted to the public agency may be submitted electronically if the document is transformed by a digital signature.
2. As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision thereof.”.
Amend sec. 19, page 3, line 36, by deleting “17” and inserting “19”.
Amend the bill as a whole by deleting sec. 20 and renumbering sections 21 through 23 as sections 22 through 24.
Amend sec. 21, page 4, line 20, after “239.041,” by inserting “239.042,”.
Amend the text of repealed sections by adding the text of NRS 239.042.
Amend the title of the bill, first line, by deleting:
“in skeleton form”.
Amend the summary of the bill, second line, by deleting “(BDR 8-672)” and inserting “(BDR 59‑672)”.
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 the vote whereby Assembly Bill No. 350 was passed be rescinded.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 350 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 506.
The following Senate amendment was read:
Senate Amendment No. 727.
Amend sec. 2, page 2, line 14, before “In” by inserting “1.”.
Amend sec. 2, page 2, by deleting lines 19 through 21 and inserting:
“be paid during the current calendar year.
2. The department shall [use
this] :
(a) Use the statement filed pursuant to subsection 1 only to
prepare estimates for use by local governments in the preparation of their budgets [.] ; and
(b) Submit those estimates to the local governments on or before April 25 of each year.”.
Amend sec. 5, page 4, line 24, by deleting “February 15,” and inserting:
“February [15,] 28,”.
Amend the bill as a whole by adding new sections designated sections 6 and 7, following sec. 5, to read as follows:
“Sec. 6. NRS 362.171 is hereby amended to read as follows:
362.171 1. Each county to which money is appropriated by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation.
[2.] Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, which result from [the] :
(a) A decline in the revenue received by the county from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or
(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived [under] pursuant to this chapter.
2. Each school district to which money is apportioned by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage of the amount apportioned to establish a school district fund for mitigation. Money from the fund may be used by the school district only to mitigate adverse effects upon the school district which result from:
(a) A decline in the revenue received by the school district from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or
(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter.
Sec. 7. This act becomes effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; revising the provisions governing the reporting requirements, payment schedules and collection procedures for the tax on the net proceeds of minerals; broadening the authorized uses for the money in a county fund for mitigation; authorizing a school district to establish a fund for mitigation; and providing other matters properly relating thereto.”.
Assemblyman Goldwater moved that the Assembly concur in the Senate Amendment No. 727 to Assembly Bill No. 506.
Remarks by Assemblyman Goldwater.
Motion carried.
Bill ordered enrolled.
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 Chris Anderson.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Hindman.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Roslyn Wilson.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Crystal Felix.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Jermaine Weatherspoon.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Hatch.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Tarr, Patricia Ogren, Gail Imazaki, Mildred James, Evelyn Phillips, B.J. Hetrick, Lori Sanchez, Kitty Duarte, Judy Lkindt, Estelle Moran, Doris Jackson, Lillian Andres, Baby Lou Smith, Helen Holtz, Karen Cummins, Kim Shaughnessy, Amber Shaughnessy, Millie Oran and Jan Hunt.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Myra Guzman and Emmanuel Sarabia.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Trent Day.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Tynette Lathan, Nick Brown, Stephanie Courtright, Desi Casci, Chris Fields, Anthony Fuentes, Chad Henshaw-Adams, Tisha Luken, Chris Pittman, Nathan Schaller, Sharayah Stewart, Jonathan VanSickle, Christopher Crevling, Callie Hubert, Robert Stewart, Nicole Taylor, Parker Willey, Monica Wright, Bud Clark, Nick Cooper, Jessica Courtright, Joshua Crevling, Micah McIntosh, Stephanie Shults, Jonathan Harder, Melissa Meyers, Sarah Shults, Veronica Coscarart, Bethany Musselman, Eric Nielsen, Megan Stearns, Johanna Chalmers, Janee Counsil, Kevin Friedline, Anna Geyer, Ashley Geyer, Rachel Geyer, Chuck Rittenhouse, Michael Turcich, Devin Grigg, Bill Hutson, Susan Musselman, Duane Geyer, Jenny Taylor, Joan VanSickle, Lou Ann Fields and Tricia Courtright.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Mercedes Lavoll.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Daniel Torres and Helen M. Lee.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Richard Wilson.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Julia Rodriguez.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Krystal Salas.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Ann Turner.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Sarah Farar.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Ulibarri.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Amanda Driggers.
Assemblyman Perkins moved that the Assembly adjourn until Friday, May 7, 1999, at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:27 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon