Carson City (Friday), May 7, 1999
Assembly called to order at 10:45 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Louie Locke.
God be merciful to us and bless us, and cause Your face to shine upon us. That Your way may be known on earth, Your salvation among all nations. We give You thanks for the breath and life You give to each of us. May the people of Nevada benefit because of the wisdom and understanding You give to our legislators in their deliberations and decisions. Bless the men and women of this Assembly, their staff and families. 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 Judiciary, to which was referred Senate Bill No. 512, 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 Taxation, to which were referred Senate Bills Nos. 262, 408, 424, 529, 536, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
David E. Goldwater, Chairman
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 285, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bill No. 527.
By Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams; Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 63—Memorializing former Assemblywoman Juanita Greer White.
Whereas, On September 18, 1997, the residents of the State of Nevada lost a dedicated champion of higher education with the passing of former Assemblywoman Juanita Greer White; and
Whereas, Juanita Greer White, who was born in Atlanta, Georgia, on November 19, 1905, is said to have baked cakes as a child to help her mother with a campaign that eventually gave women the right to vote; and
Whereas, After being refused entry to the Massachusetts Institute of Technology because she was a woman, Juanita Greer White applied and was accepted to Johns Hopkins University where she earned her doctorate in chemistry in 1929; and
Whereas, After teaching college classes in Virginia, New York, Georgia and Connecticut, Juanita Greer White moved to Southern Nevada with her husband, Thomas Sherman White, M.D., in 1956 and quickly began pursuing her personal goal of enhancing opportunities for higher education; and
Whereas, The role of Juanita Greer White as a charter member of the Nevada Southern University Land Foundation from 1966 to 1971 helped secure 300 acres for the University of Nevada, Las Vegas, which now includes a life sciences building named in her honor in 1976; and
Whereas, Juanita Greer White was elected twice to the Board of Regents of the University of Nevada, Las Vegas, serving from 1963 to 1971, during which time the University of Nevada, Las Vegas, grew from an extension campus of the University of Nevada, Reno, to a 4-year, degree-granting university and rival of the University of Nevada, Reno; and
Whereas, The passion of Juanita Greer White in the area of education was also evident by her service on the Western Interstate Commission for Higher Education from 1965 to 1971 and as president of the Nevada State Division of the American Association of University Women from 1963 to 1965; and
Whereas, Juanita Greer White was elected to the Assembly of the Nevada Legislature and served during the 1971 session on the committees on Education, Elections and Health and Welfare; and
Whereas, Bills and resolutions sponsored by Juanita Greer White during her term in the Assembly included measures to improve public education in the State of Nevada and promote the rights and recognition of women and minorities; and
Whereas, Juanita Greer White is survived by her daughter, Sally Johnston of Fredericksburg, Texas; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature express their deepest sympathy to the family of Juanita Greer White including her daughter, her grandchildren and her great-grandchildren; and be it further
Resolved, That Juanita Greer White will be remembered as a pioneer of women in the field of science and a strong advocate of higher education who, through personal commitment and hard work, left an indelible mark on public education in the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Sally Johnston, the daughter of Juanita Greer White.
Assemblywoman Segerblom moved the adoption of the resolution.
Remarks by Assemblywoman Segerblom.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Resolution adopted unanimously.
Assemblywoman Segerblom moved that all rules be suspended and that Assembly Concurrent Resolution No. 63 be immediately transmitted to the Senate.
Motion carried unanimously.
Assembly Concurrent Resolution No. 55.
Assemblywoman McClain moved the adoption of the resolution.
Remarks by Assemblywoman McClain.
Resolution adopted.
Senate Concurrent Resolution No. 9.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 314 be taken from the Second Reading File and re-referred to the Committee on Government Affairs.
Remarks by Assemblyman Bache.
Motion carried.
Assemblywoman Von Tobel moved that Senate Bill No. 339 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblywoman Von Tobel.
Motion carried.
Assemblyman Carpenter moved that Senate Bill No. 315 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Carpenter.
Motion carried.
Assemblywoman Freeman moved that Senate Bill No. 288 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Freeman.
Motion carried.
general file and third reading
Assembly Bill No. 341.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 341:
Yeas—42.
Nays—None.
Assembly Bill No. 341 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 525.
Bill read third time.
Remarks by Assemblymen Evans, Goldwater and Freeman.
Roll call on Assembly Bill No. 525:
Yeas—42.
Nays—None.
Assembly Bill No. 525 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 657.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 657:
Yeas—42.
Nays—None.
Assembly Bill No. 657 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 674.
Bill read third time.
Remarks by Assemblymen Beers and Giunchigliani.
Roll call on Assembly Bill No. 674:
Yeas—42.
Nays—None.
Assembly Bill No. 674 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 25.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 25:
Yeas—42.
Nays—None.
Senate Bill No. 25 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 27.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 27:
Yeas—42.
Nays—None.
Senate Bill No. 27 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 159.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Senate Bill No. 159:
Yeas—42.
Nays—None.
Senate Bill No. 159 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 177.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Senate Bill No. 177:
Yeas—42.
Nays—None.
Senate Bill No. 177 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 218.
Bill read third time.
Remarks by Assemblymen Segerblom and Beers.
Potential conflict of interest declared by Assemblyman Beers.
Roll call on Senate Bill No. 218:
Yeas—42.
Nays—None.
Senate Bill No. 218 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 241.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Senate Bill No. 241:
Yeas—42.
Nays—None.
Senate Bill No. 241 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 250.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Senate Bill No. 250:
Yeas—42.
Nays—None.
Senate Bill No. 250 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 351.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 351:
Yeas—42.
Nays—None.
Senate Bill No. 351 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 398.
Bill read third time.
Remarks by Assemblyman Thomas.
Roll call on Senate Bill No. 398:
Yeas—42.
Nays—None.
Senate Bill No. 398 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 412.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 412:
Yeas—42.
Nays—None.
Senate Bill No. 412 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 449.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Senate Bill No. 449:
Yeas—42.
Nays—None.
Senate Bill No. 449 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 454.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 454:
Yeas—41.
Nays—Mortenson.
Senate Bill No. 454 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 465.
Bill read third time.
Remarks by Assemblymen Nolan and Anderson.
Assemblyman Anderson moved that Senate Bill No. 465 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 517, 542; Senate Joint Resolutions Nos. 11, 20 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 7, 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. 41.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 42.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 41.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblymen Hettrick, Marvel, and Carpenter.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Resolution adopted unanimously.
Senate Concurrent Resolution No. 42.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblymen Perkins, Collins, Segerblom and Carpenter.
Resolution adopted unanimously.
SECOND READING AND AMENDMENT
Senate Bill No. 8.
Bill read second time and ordered to third reading.
Senate Bill No. 14.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 739.
Amend section 1, page 2, by deleting line 4 and inserting:
“2. The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 may lend securities from its investment portfolio if:
(a) The investment portfolio has a value of at least $50,000,000;
(b) The governing body is currently authorized to lend securities pursuant to subsection 5;
(c) The treasurer of the city or consolidated municipality:
(1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and
(2) Submits the policy established pursuant to subparagraph (1) to the manager of the city or consolidated municipality and prepares and submits to the manager of the city or consolidated municipality a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and
(d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:
(1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and
(2) At least 102 percent of the value of the securities borrowed.
3. The governing body of a city, county or consolidated municipality may enter into such”.
Amend section 1, page 2, line 7, by deleting “3.” and inserting “4.”.
Amend section 1, page 2, line 8, after “subsection 1” by inserting “or 2”.
Amend section 1, page 2, between lines 9 and 10, by inserting:
“5. The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the state board of finance. The state board of finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the state board of finance for additional 2-year periods.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 44.
Bill read second time and ordered to third reading.
Senate Bill No. 53.
Bill read second time and ordered to third reading.
Senate Bill No. 140.
Bill read second time and ordered to third reading.
Senate Bill No. 242.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 767.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
“provisions of this section [must include the social security numbers of both parties.] shall ensure that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend section 1, page 1, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 2, page 2, line 7, by deleting:
“A court that” and inserting:
“Before a court”.
Amend sec. 2, page 2, by deleting lines 8 and 9 and inserting:
“1 for the support of any minor child or children [must include the social security numbers of the parties.], the court shall ensure that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 2, page 2, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 3, page 2, by deleting lines 31 through 35, and inserting:
“[3. Within 10 days after a court of this state issues]
(b) Ensure that the information required to be obtained and provided pursuant to paragraph (a) is filed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
2. Before a court entersan order for the”.
Amend sec. 3, page 2, by deleting line 37 and inserting:
“[that issued the order and]the following information on a form approved by the welfare division:”.
Amend sec. 3, page 2, line 41, by deleting “and” and inserting “[and]”.
Amend sec. 3, page 2, line 42, by deleting “employer.” and inserting:
“employer [.] ; and
(f) Any other information that the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.”.
Amend sec. 5, page 4, by deleting lines 16 and 17 and inserting:
“(d) The court shall [include in its order the social security number of the responsible parent.]ensure that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 5, page 4, line 20, by deleting “Placed” and inserting “Filed”.
Amend sec. 6, page 5, by deleting lines 16 and 17 and inserting:
“(b) Ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 6, page 5, line 19, by deleting “Placed” and inserting “Filed”.
Amend sec. 7, page 7, by deleting lines 6 through 10 and inserting:
“approves a recommendationpursuant to this section [does not contain the social security numbers of the parents or legal guardians of the child, the court shall include those numbers on] shall ensure that, beforethe recommendation [before it] is filed pursuant to subsection 7 [.] , any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 7, page 7, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 8, page 7, by deleting lines 25 and 26 and inserting:
“inclusive, must contain the social security numbers of the parents or legal guardians of the child.] shall ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 8, page 7, line 28, by deleting “Placed” and inserting “Filed”.
Amend sec. 9, page 8, by deleting lines 19 and 20 and inserting:
“that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 9, page 8, line 23, by deleting “Placed” and inserting “Filed”.
Amend the bill as a whole by renumbering sec. 10 as sec. 11 and adding a new section designated sec. 10, following sec. 9, to read as follows:
“Sec. 10. Section 2 of Senate Bill No. 352 of this session is hereby amended to read as follows:
Sec. 2. NRS 425.3855 is hereby amended to read as follows:
425.3855 A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, and section 1 of this act,or an order approving a recommendation for the support of a dependent child made by a master shall ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:
1. Provided to the enforcing authority.
2. Filed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.”.
Amend the title of the bill by deleting the second line and inserting:
“certain information in judgments of divorce”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions requiring inclusion of certain information
in judgments of divorce and court orders for child support. (BDR 11-
1392)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 274.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 780.
Amend section 1, page 1, by deleting lines 7 through 9 and inserting:
“the approval of the voters. Thereafter, the wards may be increased:
(a) By the city council if it determines that an increase is necessary; or
(b) Upon approval of a question proposing an increase to a specific number of wards by a majority of the voters voting on the question. Such a question must be submitted to the voters on the ballot at a general election or general city election if the city council votes for the submission of the question on its own motion or if a petition signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding general election is submitted to the city council requesting an increase to a specific number of wards.
The wards must be as nearly equal in population as can”.
Amend sec. 3, page 2, line 23, by deleting “[1st] first ” and inserting “first”.
Amend sec. 3, page 2, line 28, by deleting “[1st] first ” and inserting “first”.
Amend sec. 3, page 3, by deleting lines 6 through 18 and inserting:
“with the city clerk. All filing fees collected by the city clerk must be paid into the city treasury.
6. If, in the primary election, regardless of the number of”.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“city; authorizing the city council or the voters within the city to increase the number of wards in certain circumstances; and providing other matters properly relating thereto.”.
Amend the bill as a whole by adding the following assemblymen as primary joint sponsors:
Assemblymen Bache and Williams.
Amend the bill as a whole by adding the following assemblymen as non-primary joint sponsors:
Assemblymen Berman, Freeman, Gibbons, Humke, Lee, Mortenson, Neighbors, Parnell, Segerblom, Thomas, Tiffany and Von Tobel.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 768.
Amend section 1, page 1, line 3, by deleting:
“or conspires to engage”.
Amend sec. 2, page 2, by deleting line 7 and inserting:
“that were committed before the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective upon passage and approval.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 332.
Bill read second time and ordered to third reading.
Senate Bill No. 369.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 738.
Amend sec. 3, page 2, line 16, by deleting “board or” and inserting “board and”.
Amend sec. 3, page 2, by deleting lines 21 through 28 and inserting:
“2. Except as ordered by a court of competent jurisdiction or as required by federal law, the director, the board and the governing body of the county or city where the project is located shall not, without the prior consent of the obligor, disclose proprietary information or financial statements or records of the obligor or guarantor that are not otherwise available to the public if the obligor has:
(a) Requested in writing that the information, statements or records be kept confidential; and
(b) Furnished the information, statements or records for the sole purpose of obtaining”.
Amend the title of the bill, first line, after “providing” by inserting:
“under certain circumstances”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that upon return from the printer Senate Bill No. 369 be re-referred to the Committee on Government of Affairs.
Motion carried.
Bill ordered reprinted, re-engrossed and to the Committee on Government Affairs.
Senate Bill No. 418.
Bill read second time and ordered to third reading.
Senate Bill No. 433.
Bill read second time and ordered to third reading.
Senate Bill No. 472.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 770.
Amend sec. 4, page 4, line 5, by deleting “$250” and inserting “$100”.
Amend sec. 4, page 4, line 6, by deleting “$250” and inserting “$100”.
Amend sec. 5, page 4, line 9, after “253.0415” by inserting “1.”.
Amend sec. 5, page 4, by deleting line 10 and inserting:
“[1. Investigate:]
(a) Investigate:
(1)”.
Amend sec. 5, page 4, line 14, by deleting “(b)” and inserting “[(b)] (2)”
Amend sec. 5, page 4, line 17, by deleting “(c)” and inserting “(3)”.
Amend sec. 5, page 4, line 20, by deleting “2.” and inserting “[2.] (b)”.
Amend sec. 5, page 4, line 22, by deleting “This” and inserting:
“[This] Except as otherwise provided in subsection 2, this”.
Amend sec. 5, page 4, line 26, by deleting “3.” and inserting “[3.] (c)”.
Amend sec. 5, page 4, line 30, by deleting “value.]” and inserting “value.”.
Amend sec. 5, page 4, line 31, by deleting “4.” and inserting “4.] (d)”.
Amend sec. 5, page 4, line 32, by deleting “(a)” and inserting “[(a)] (1)”.
Amend sec. 5, page 4, line 33, by deleting “(b)” and inserting “[(b)] (2)”.
Amend sec. 5, page 4, between lines 35 and 36, by inserting:
“2. The public administrator is not eligible to serve as a guardian of the person and estate of a ward if the board of county commissioners of his county has established the office of public guardian pursuant to NRS 253.150, unless the board has designated the public administrator as ex officio public guardian.”.
Amend the bill as a whole by renumbering sections 8 and 9 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. NRS 253.200 is hereby amended to read as follows:
253.200 1. A resident of Nevada [who is 60 years of age or older] is eligible to have the public guardian appointed as his individual guardian if he:
(a) Has no relative or friend able and willing to serve as his guardian; or
(b) Lacks sufficient assets to provide the requisite compensation to a private guardian.
2. A person so qualified, or anyone on his behalf, may petition the district court of the county in which he resides to make the appointment.”.
Amend sec. 8, page 6, by deleting lines 12 through 16 and inserting:
“1. A public administrator or deputy designated by him may submit a written request to a public utility for the name and address of a person listed in the records of the public utility if the information is necessary to assist the public administrator in carrying out his duties pursuant to chapter 253 of NRS.”.
Amend the title of the bill, by deleting the fourth and fifth lines and inserting:
“under certain circumstances; prohibiting certain public administrators from acting as guardians of proposed wards; revising the circumstances under which a public administrator is required to petition a court for letters of administration; allowing the appointment of a public guardian for a person who is under 60 years of age;”.
Amend the summary of the bill, first line, by deleting “administrators.” and inserting:
“administrators and public guardians.”
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 515.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 771.
Amend section 1, page 1, line 11, by deleting “state;” and inserting:
“state and the time within which he is required to register pursuant to NRS 179D.240;”.
Amend sec. 2, page 2, line 35, by deleting “state;” and inserting:
“state and the time within which he is required to register pursuant to NRS 179D.460;”.
Amend sec. 23, page 13, line 17, by deleting “state;” and inserting:
“state and the time within which he is required to register pursuant to NRS 179D.240;”.
Amend sec. 24, page 15, by deleting lines 13 and 14 and inserting:
“(a) Informthe offender of the duty to register and the time within which the offender is required to register with the division if he has not previously done so;
(b) Inform the offender of the duty tonotify the division [of”.
Amend sec. 24, page 15, line 19, by deleting “(b)” and inserting “(c)”.
Amend sec. 34, page 21, line 40, by deleting “state;” and inserting:
“state and the time within which he is required to register pursuant to NRS 179D.460;”.
Amend sec. 35, page 24, by deleting lines 3 and 4 and inserting:
“(a) Inform the sex offender of the duty to register and the time within which the sex offender is required to register with the division if he has not previously done so;
(b) Inform the sex offender of the duty to notify the”.
Amend sec. 35, page 24, line 9, by deleting “(b)” and inserting “(c)”.
Amend sec. 43, page 30, line 12, by deleting:
“an extended period” and inserting:
“more than 30 consecutive days”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 339.
Bill read second time.
Assemblywoman Chowning withdrew Amendment No. 757 to Senate Bill No. 339.
The following amendment was proposed by Assemblymen Von Tobel, Giunchigliani and Bache:
Amendment No. 788.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the department, in”.
Amend section 1, page 2, line 31, by deleting “4” and inserting “7”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 4 and 5 and adding a new section designated sec. 3, following section 1, to read as follows:
“Sec. 3. 1. Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.
4. In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the natural environment of the Mount Charleston area.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the natural environment of the Mount Charleston area created pursuant to section 6 of this act.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.”.
Amend sec. 2, page 3, line 27, by deleting “1” and inserting “3”.
Amend sec. 3, page 4, by deleting line 5 and inserting:
“For every other decal, license plate sticker or tab 5.00”.
Amend sec. 3, page 4, by deleting line 11 and inserting:
“inclusive, [and] section 1 of Senate Bill No. 204 of this [act,]session and section 2 of this act, a fee of $10.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 7 and adding a new section designated sec. 6, following sec. 3, to read as follows:
“Sec. 6. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for license plates for the support of the natural environment of the Mount Charleston area is hereby created in the state general fund. The administrator of the division of state lands of the state department of conservation and natural resources shall administer the account.
2. The money in the account does not lapse to the state general fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
3. The money in the account must be used only for the support of programs for the natural environment of the Mount Charleston area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use, and must not be used to replace or supplant money available from other sources. The administrator may provide grants from the account to other public agencies and political subdivisions, including, without limitation, unincorporated towns, to carry out the provisions of this section.”.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 8, following sec. 4, to read as follows:
“Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective on October 1, 1999.
2. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
3. The amendatory provisions of sections 2, 5 and 7 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 2 of this act.
4. The amendatory provisions of sections 3, 4 and 6 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 3 of this act.”.
Amend the title of the bill, fourth line, after “Nevada;” by inserting:
“providing for the issuance of special license plates for the support of the natural environment of the Mount Charleston area;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of certain special license plates. (BDR 43-1503)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Goldwater, and Von Tobel.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 229.
The following Senate amendment was read:
Senate Amendment No. 741.
Amend section 1, page 2, line 26, after “(m)” by inserting:
“Conflict resolution.
(n) Anger management.
(o)”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 229.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 336.
The following Senate amendment was read:
Senate Amendment No. 635.
Amend section 1, page 1, line 10, by deleting “shall” and inserting “may”.
Amend section 1, page 1, line 11, after “any” by inserting “reasonable”.
Amend section 1, page 2, line 3, by deleting “The” and inserting:
“If the court orders the convicted person to make such restitution, the”.
Amend sec. 2, page 3, line 4, by deleting “shall” and inserting “may”.
Amend sec. 2, page 3, line 6, after “any” by inserting “reasonable”.
Amend sec. 2, page 3, line 8, by deleting “The” and inserting:
“If the court orders the convicted person to make such restitution, the”.
Amend sec. 3, page 3, by deleting line 16 and inserting:
“the court may order the convicted person to pay restitution for any reasonable costs”.
Amend sec. 3, page 3, line 19, by deleting “The” and inserting:
“If the court orders the convicted person to make such restitution, the”.
Amend the title of the bill, first line, by deleting “requiring” and inserting:
“authorizing the court to order”.
Amend the summary of the bill, first line, by deleting “Requires” and inserting:
“Authorizes court to order”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 336.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 545.
The following Senate amendment was read:
Senate Amendment No. 743.
Amend section 1, page 3, by deleting line 38 and inserting:
“(a) The fees set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as”.
Amend section 1, page 3, by deleting lines 40 through 43 and inserting:
“an additional fee equal to one-half of the fee to which he is entitled pursuant to paragraph (c) of subsection 1] ; and
(b) A fee of $5.33 per page for the original draft and one copy, and 83 cents per page for each additional copy for”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 545.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 647.
The following Senate amendment was read:
Senate Amendment No. 719.
Amend sec. 3, page 3, by deleting line 40 and inserting:
“which includes, without limitation, a description of the property and an acknowledgment of the pawnbroker’s interest in the property, and which”.
Amend sec. 4, page 4, by deleting line 19 and inserting:
“removed from his place of business [within 30 days] after the receipt of the”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. This act becomes effective on July 1, 1999.”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 647.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 648.
The following Senate amendment was read:
Senate Amendment No. 744.
Amend section 1, page 1, line 2, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by deleting sections 2 and 3, renumbering sections 4 through 7 as sections 5 through 8 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. The attorney general may provide for the defense, including, without limitation, the defense of cross-claims and counterclaims, of any present or former justice of the peace or municipal judge in any civil action brought against that person based on an alleged act or omission relating to his public duties or employment if:
1. The justice of the peace or municipal judge has requested representation by the official attorney of the political subdivision pursuant to NRS 41.0339;
2. The official attorney has:
(a) Failed to determine whether to tender the defense pursuant to NRS 41.03415, and an answer or other responsive pleading must be filed within 10 days;
(b) Determined not to tender the defense pursuant to NRS 41.03415; or
(c) Determined that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, but the official attorney has not:
(1) Employed special counsel pursuant to NRS 41.0344;
(2) Tendered the defense to an insurer who is authorized to defend the action pursuant to a contract of insurance, pursuant to NRS 41.0345; or
(3) Requested the attorney general to provide the defense pursuant to this section;
3. The justice of the peace or municipal judge submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator, or the official attorney, after determining that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator; and
4. The attorney general determines that the act or omission on which the action is based appears to be within the course and scope of the public duty or employment of the justice of the peace or municipal judge and appears to have been performed or omitted in good faith.
Sec. 3. If the attorney general defends an action pursuant to section 2 of this act, the political subdivision that employed the justice of the peace or municipal judge at the time the act or omission on which the action is based occurred shall pay the cost of legal representation provided by the attorney general.
Sec. 4. 1. If a request for the defense of a justice of the peace or municipal judge is submitted to the attorney general pursuant to section 2 of this act, the attorney general shall determine as promptly as possible whether to tender the defense of the justice of the peace or municipal judge. Until the attorney general makes the determination, he shall take appropriate action to defend or otherwise protect the time of the justice of the peace or municipal judge to file a responsive pleading.
2. After determining whether to tender the defense of the justice of the peace or municipal judge, the attorney general shall, as promptly as possible, give written notice of the determination to the justice of the peace or municipal judge and the political subdivision that employed that person at the time the act or omission on which the action is based occurred.”.
Amend sec. 4, page 2, by deleting lines 21 and 22 and inserting:
“41.0338 As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, “official attorney” means:”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 648.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 50, 51, 135, 138, 165, 221, 262, 436, 437, 438, 456, 464, 506, 544; Assembly Joint Resolutions Nos. 4, 19; Assembly Concurrent Resolutions Nos. 59, 62; Senate Bills Nos. 281, 487, 510; Senate Concurrent Resolutions Nos. 16, 37.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 465 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.
Remarks by Assemblyman Anderson.
Motion carried.
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 Logan Rees.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle Beers, Lindsey Beers and Sarah Beers.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Betsy MacFarlan.
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 Dean Baker and Misty Richardson.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to May Eldridge, Nancy Eldridge, Thomas Nakashima, Stephen Amick, Benjamin Bakke, Jaymie Davies, Alyssa Brown, Samantha Carter, Kristin Drinnon, Brandy Green, Daniel Harrison, Stephanie Keddington, Joshua Locanas, Alex Mayhugh, Krystle McCart, Dylan McFarlane, Rickey Miller, Stephen Ross Miller, Cameron Sailor, Dustin Prinz, Yasmine Rahmani, Amie Saul, Isaac Sears, Reyna Gomez, Daniel Shyne, Steven Stewart, Shawna Suetta, Karley Thompson, Lindsey Thompson, Whitney Adams, Ted Cecil, Tyson Cordts, Richard Cornu, Katelynn Cross, Jennifer Easton, Fawn Enox, Owen Erquiaga, Casie Jo Fowler, Angie Hendrix, Sarah Hendrix, Katie Horne, Leslie Kelley, Anthony Laca, Brandon Lacow, Jennie Lasher, Kayleigh McAviney, Bliss Mundy, Jessica Palmero, LaQuitta Pearson, Kelsey Reeves, Tailor Sponcey, Monica Washburn, Stephanie Wolfgang, Kendra Yates, Carlos Valenzuela, Virginia Fowler, Wes Washburn, Sherry Hendrix, Sonny Covey, Kendi Yates, Lisa Euquiaga, Barbara Hendrix, Gary Pope-Sears, Shari Stewart, Anna Bateman and Natalie Bakke.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Dave Stix.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Amber Billingsley, Tavis Bogard, Aaron Cash, Katy Hansen, Kai Parker, Eric Suess, Kimberly Watt, Julie Brant, Beth Wass and Rachel Bogard.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Howard Winn, Harvey Barnes, Marian Filippini, Hand Filippini and Marta Agee.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to William Wright.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to John Rees.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Ned Eyre.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Johnston, Wilbur Johnston, Toni BuFalry, Paulie Alles and John Falen.
Assemblyman Perkins moved that the Assembly adjourn until Monday, May 10, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:47 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon