NEVADA LEGISLATURE

THE ONE HUNDRED AND FIRST DAY

Carson City (Wednesday), May 12, 1999

Assembly called to order at 11:13 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywomen Evans and Tiffany, who were excused.

Prayer by the Chaplain, Reverend Bruce Henderson.

Our Heavenly Father, it seems like we've been here a long time, and the work is often hard. We especially thank You today for all the support staff here. Where would we be without them? As always Lord, You have provided us with exactly what is needed to get the job done. Please give us all strength, wisdom, and love too so we can finish up these next few weeks. We pray in the Name of the One who gives all strength. 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. 16, 181, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bob Price, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which were referred Senate Bills Nos. 470, 473, 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. 397, 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. 48, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, 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 were referred Senate Bills Nos. 73, 163, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Health and Human Services, to which were referred Senate Bills Nos. 35, 161, 365, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 118, 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 was referred Senate Bill No. 492, 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. 273, 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 were referred Senate Bills Nos. 105, 106, 108, 343, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga, Chairman

Mr. Speaker:

Your Committee on Taxation, to which were referred Senate Bills Nos. 287, 318, 534, 535, 538, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David E. Goldwater, Chairman

Mr. Speaker:

Your Committee on Transportation, to which were referred Senate Bills Nos. 81, 129, 179, 266, 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 were referred Senate Bills Nos. 46, 71, 303, 304, 371, 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 referred Assembly Bills Nos. 343, 346, 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 re-referred Assembly Bills Nos. 38, 103, 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

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which were referred Assembly Bills Nos. 181, 220, 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, May 10, 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. 95, 203, 215, 231, 254, 255, 260, 414, 447, 461, 518, 612, 640, 644.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 64.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 169, Amendment No. 753; Assembly Bill No. 202, Amendment No. 748; Assembly Bill No. 588, Amendment No. 760; Assembly Bill No. 611, Amendment No. 752; Assembly Bill No. 626, Amendment No. 761, and respectfully requests your honorable body to concur in said amendments.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 11, 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. 107, 111, 141, 197, 249, 425, 445, 450, 489, 531, 593, 624, 651; Assembly Joint Resolution No. 12.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 265, Amendment No. 766; Assembly Bill No. 267, Amendment No. 750; Assembly Bill No. 469, Amendment No. 742; Assembly Bill No. 639, Amendment No. 763, and respectfully requests your honorable body to concur in said amendments.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:

Assembly Bill No. 683—AN ACT relating to recreation; revising the particular purposes and extending the periods for the expenditure of certain money previously appropriated to the division of state parks of the state department of conservation and natural resources for park improvement projects; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Ways and Means:

Assembly Bill No. 684—AN ACT relating to the commission for the preservation of wild horses; authorizing the commission to retain the balance of an appropriation previously made to the commission to conduct a study of the feasibility of establishing a private foundation for the promotion of the public adoption of wild horses and burros; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Ways and Means:

Assembly Bill No. 685—AN ACT relating to nonprofit corporations; prohibiting the commissioner of insurance from granting or continuing authority to transact insurance in this state to certain insurers; requiring the attorney general to make certain determinations concerning certain nonprofit hospital, medical or dental service corporations that have converted or are proposing to convert to for-profit corporations; revising the provisions governing the conversion of nonprofit hospital, medical or dental service corporations to for-profit corporations or entities; making an appropriation; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Mr. Speaker announced that pursuant to Assembly Standing Rule No. 1, Section 2, subsection (d), Assemblyman Perkins would act as presiding officer.

Assemblyman Perkins presiding.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, 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 Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 65—Commending retired Director Peter A. Fenili for 24 years of service with the Walker River Irrigation District in Yerington, Nevada.

Whereas, Peter A. Fenili has served as a member of the Board of Directors of the Walker River Irrigation District as the representative of Division No. 4 since May 5, 1975; and

Whereas, Peter Fenili, a staunch believer in proper water management and fairness in its distribution to all water right holders, was a visionary who saw the need for a strong infrastructure to protect water rights and properly serve the present and future needs of agriculture and who voted consistently to accomplish this ideal; and

Whereas, As a member of the Board of Directors, Peter Fenili consistently stated that the Walker River Irrigation District should be staffed by qualified personnel and that the facilities of the District, including dams and canals, as well as the equipment, office and maintenance shop, should be maintained and their integrity preserved; and

Whereas, In the early 1980s, when environmental groups launched an all-out attack on the water supply of the Walker River Irrigation District by filing legal actions on many state and federal fronts in an attempt to gain minimum stream flow and minimum stored water rights, causing internal conflict and years of costly litigation, the District prevailed in the protection of those rights with the help of Peter Fenili; and

Whereas, During the 6 consecutive years of drought stretching into the 1990s, Peter Fenili took the lead and suggested innovative management practices that extended the limited water supply and allowed agricultural interests to survive a possible financial crisis; and

Whereas, As the Director of the Walker River Irrigation District for 24 years, Peter Fenili proved himself to be a man of honesty, fairness and devotion to the people he served; now, therefore, be it

Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 70th session of the Nevada Legislature express their appreciation to Peter Fenili for his loyal years of service to the members of the Walker River Irrigation District; and be it further

Resolved, That this body, on behalf of the residents of the State of Nevada who have benefited from the dedication of Peter Fenili, extend its heartfelt gratitude and best wishes in the future to Peter A. Fenili, his wife, Vicki, and daughter, Dana; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Peter Fenili.

Assemblyman Dini moved the adoption of the resolution.

Remarks by Assemblyman Dini.

Resolution adopted unanimously.

Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 65 be immediately transmitted to the Senate.

Motion carried unanimously.

Assemblyman Perkins announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:42 a.m.

ASSEMBLY IN SESSION

At 11:43 a.m.

Mr. Speaker presiding.

Quorum present.

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 Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 66—Commending the Nevada Opera and its founders, Ted and Deena Puffer, upon 30 years of success.

Whereas, The Nevada Opera had its debut season in 1968 and since that time has grown into a nationally recognized regional opera company; and

Whereas, The founders of the Nevada Opera, Ted Puffer, Artistic Director, and Deena Puffer, Associate Producer, had a vision in 1967 and, with the help of a handful of volunteers, worked tirelessly over the years to develop the company to the level of offering three professionally-produced traditional operas each season, an annual performance of The Nutcracker ballet, as well as the production of lighter and more contemporary works; and

Whereas, The Nevada Opera has to its credit over 120 main-stage productions, including presentations as diverse as Verdi’s Requiem and Bizet’s Carmen to Carlisle Floyd’s Of Mice and Men, and summer musicals starring such accomplished artists as Toni Tennille and Broadway legend John Raitt; and

Whereas, The Nevada Opera has produced two acclaimed American premieres, Busoni’s Doktor Faust and Tchaikovsky’s Joan of Arc; and

Whereas, In 1993 the team of Ted and Deena Puffer presented the Nevada Opera’s first commissioned work, the 25th Anniversary of the World Premiere of Bern Herbolsheimer’s Mark Me Twain; and

Whereas, Ted Puffer, known for his work as stage director, conductor, concert pianist, accompanist, tenor soloist and, more recently, world-renowned vocal coach, mentored Nevada Opera’s young artist graduates who have gone on to make their European opera debuts, most notably the internationally-famous mezzo soprano Dolora Zajick; and

Whereas, The Nevada Opera has an educational outreach mission which led it to institute the Nevada Opera Youth Chorus in 1994, a formal program that provides professional training in the arts of voice, musicianship, theater and movement for talented youngsters ages 8 through 18 years; and

Whereas, The Nevada Opera has a new program called the Nevada Opera Studio, which reaches into the local community with special programs designed for elementary, middle and high school levels, and which also tours the smaller outlying communities in Northern Nevada; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Opera is hereby commended for its 30 years of first-class presentations to Northern Nevada audiences and especially for its presentations to the children in the local community and the rural areas; and be it further

Resolved, That Ted and Deena Puffer are hereby congratulated and honored for their many years of dedication during which they shared their vast knowledge and tremendous talents to make the Nevada Opera the first-class company that it is today; and be it further

Resolved, That the members of the 70th session of the Nevada Legislature urge the residents of Northern Nevada to attend the Nevada Opera performances and show their support for its great contributions to the arts and culture of this state; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the Board of Directors of the Nevada Opera and to Ted Puffer and Deena Puffer.

Assemblywoman Giunchigliani moved the adoption of the resolution. Remarks by Assemblymen Giunchigliani and Carpenter.

Resolution adopted unanimously.

Assemblywoman Giunchigliani moved that all rules be suspended and that Assembly Concurrent Resolution No. 66 be immediately transmitted to the Senate.

Motion carried unanimously.

Senate Concurrent Resolution No. 14.

Assemblyman Anderson moved the adoption of the resolution.

Remarks by Assemblyman Anderson.

Resolution adopted.

SECOND READING AND AMENDMENT

Assembly Joint Resolution No. 18.

Resolution read second time.

The following amendment was proposed by the Committee on Constitutional Amendments:

Amendment No. 807.

Amend the resolution, page 1, by deleting lines 2 and 3 and inserting:

“Jointly, That section 5 of article 6 of the Constitution of the State of Nevada be amended to read as follows:”.

Amend the resolution, page 2, line 18, by deleting “may” and inserting “shall”.

Amend the resolution, pages 2 and 3, by deleting lines 21 through 42 on page 2 and lines 1 through 28 on page 3.

Amend the title of the resolution to read as follows:

“ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to require the legislature to provide by law for staggered terms of office for district judges.”.

Amend the summary of the resolution to read as follows:

“SUMMARY—Proposes to amend Nevada Constitution to require legislature to provide by law for staggered terms of office for district judges. (BDR C-1623)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Resolution ordered reprinted, engrossed and to third reading.

Senate Bill No. 197.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 800.

Amend sec. 5, page 2, line 30, by deleting “11” and inserting “12”.

Amend sec. 5, page 3, line 2, by deleting “and ”.

Amend sec. 5, page 3, line 3, after “organization” by inserting:

“in this state”.

Amend sec. 5, page 3, line 4, by deleting “abuse.” and inserting:

“abuse; and

(7) One member who represents a national organization that provides advocacy and representation for mentally retarded persons. To the extent possible, the member appointed must be nominated by a statewide organization in this state that is affiliated with such a national organization or, if no such statewide organization exists, by a majority of the local affiliates in this state of such a national organization.”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 216.