THE ONE HUNDRED AND THIRD DAY
Carson City (Friday), May 14, 1999
Assembly called to order at 11:26 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Evans, who was excused.
Prayer by the Chaplain, Reverend Bruce Henderson.
O Lord, Your word tells us that You know the number of the very hairs on our heads. Of course, for some of us that means You have less and less to keep up with! Well, Father, You also know that this is our 103rd day here and that these are times that try the souls of men and women. Please stay with us and bless us with strength, patience, and compassion. In the name of our Lord, 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 was referred Senate Bill No. 419, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 97, 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 Education, to which was referred Senate Bill No. 49, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Education, to which were referred Senate Concurrent Resolutions Nos. 2, 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 182, 440, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 519, 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 Health and Human Services, to which was referred Senate Concurrent Resolution No. 11, 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. 32, 421, 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. 349, 383, 455, 522, 523, 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 Ways and Means, to which were referred Senate Bills Nos. 190, 284, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 13, 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. 462, 509; Assembly Joint Resolution No. 2.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 3.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 53, Amendment No. 781; Assembly Bill No. 166, Amendment Nos. 422, 841, 856; Assembly Bill No. 477, Amendment No. 860; Assembly Bill No. 490, Amendment No. 796, 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. 739 to Senate Bill No. 14; Assembly Amendment No. 735 to Senate Bill No. 177.; Assembly Amendment No. 725 to Senate Bill No. 241.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 167.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 60.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 167.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
CONSENT CALENDAR
Senate Bills Nos. 330, 526.
Bills read by number.
Roll call on Senate Bills Nos. 330, 526:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bills Nos. 330, 526 having received a constitutional majority, Mr. Speaker declared them passed.
Bills ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Senate Bill No. 53 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Anderson moved that Senate Bill No. 273 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 397 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 181 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Perkins.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 13.
Bill read second time and ordered to third reading.
Senate Bill No. 30.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 862.
Amend section 1, page 1, by deleting line 16 and inserting:
“$7,500 .............................................. 150.00”.
Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 2 and adding a new section designated sec. 3, following sec. 3, to read as follows:
“Sec. 3. The amendatory provisions of this act apply only to an action filed on or after October 1, 1999.”.
Amend the bill as a whole by deleting sec. 4.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to justices’ courts; increasing the monetary limit of claims”.
Amend the summary of the bill, after “to” by inserting “small”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the reading of the history on Senate Bills on Second Reading be dispensed with for this legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 52.
Bill read second time and ordered to third reading.
Senate Bill No. 131.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 868.
Amend section 1, page 1, by deleting lines 4 through 8 and inserting:
“is 400,000 or more shall enact an ordinance requiring a person other than a public utility who:
(a) Purchases paging services from a public utility; and
(b) Resells those paging services to another person for use primarily in the unincorporated area of the county,
to maintain such records of the names and addresses of the persons to whom the paging services are resold as the board deems”.
Amend section 1, pages 1 and 2, by deleting lines 13 and 14 on page 1 and lines 1 and 2 on page 2 and inserting:
“(b) The length of time that the records must be maintained.
3. As used in this section, “public utility” means:
(a) A public utility as defined in NRS 704.020; and
(b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of each city in a county whose population is 400,000 or more shall enact an ordinance requiring a person other than a public utility who:
(a) Purchases paging services from a public utility; and
(b) Resells those paging services to another person for use primarily in the incorporated area of the city,
to maintain such records of the names and addresses of the persons to whom the paging services are resold as the governing body deems necessary.
2. The ordinance must include:
(a) The information that must be included in the records required to be maintained; and
(b) The length of time that the records must be maintained.
3. As used in this section, “public utility” means:
(a) A public utility as defined in NRS 704.020; and
(b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.”.
Amend the title of the bill to read as follows:
“AN ACT relating to local governments; requiring certain cities and counties to establish requirements for the maintenance of records by certain resellers of paging services; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain cities and counties to establish requirements for maintenance of records by certain resellers of paging services. (BDR 20‑578)”.
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. 139.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 838.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. NRS 244.1505 is hereby amended to read as follows:
244.1505 1. A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county. The board may grant all or part of the money to a [private organization, not for profit,] nonprofit organization created for religious, charitable or educational purposes to be expended for the selected purpose.
2. A board of county commissioners or its authorized representative may donate:
(a) Commodities, supplies, materials and equipment that the board determines to have reached the end of their useful lives; and
(b) Stolen or embezzled property for which the county treasurer has obtained an order authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,
to a nonprofit organization created for religious, charitable or educational purposes.
3. A grant or donation to a [private] nonprofit organization created for religious, charitable or educational purposes must be made by resolution . [which] The resolution must specify:
(a) The purpose of the grant[;
(b) The] or donation;
(b) If applicable, the maximum amount to be expended from the grant; and
(c) Any conditions or other limitations upon [its expenditure.] the expenditure of the grant or the use of the donated property.
4. As used in this section:
(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.
(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.
Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. The governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.
2. The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes.
3. A grant or donation to a nonprofit organization created for religious, charitable or educational purposes must be made by resolution. The resolution must specify:
(a) The purpose of the grant or donation;
(b) If applicable, the maximum amount to be expended from the grant; and
(c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.
4. As used in this section:
(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.
(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.
Amend the title of the bill, sixth line, after the semicolon by inserting:
“extending the authority of a board of county commissioners to make charitable grants to include certain property; authorizing the governing body of a city to make charitable grants of money or certain property to certain nonprofit organizations;”.
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. 145.
Bill read second time and ordered to third reading.
Senate Bill No. 148.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 863.
Amend sec. 7, page 7, by deleting line 5 and inserting:
“investigation to the division of mental health and developmental services of the”.
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. 291.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 869.
Amend section 1, page 1, line 6, by deleting “draught” and inserting:
“amount of water drawn”.
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. 314.
Bill read second time.
Assemblyman Anderson withdrew Amendment No. 769 to Senate Bill No. 314.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 890.
Amend section 1, page 1, by deleting line 2 and inserting:
“5.020 1. Except as otherwise provided in subsection [2,] 3 and NRS”.
Amend section 1, page 1, by deleting lines 5 through 9 and inserting:
“governing body of that city. [He shall hold his office for 1 year, unless a longer period is]The term of office of a municipal judge is the periodfixed by [the] :
(a) An ordinance adopted by the city if the city is organized under general law; or
(b) Thecharter of the city [, in which case he shall hold his office for that longer period.]if the city is organized under a special charter.
Before entering upon his duties, a municipal judge shall take the constitutional oath of office.
2. A municipal judge must:”.
Amend section 1, page 1, line 10, by deleting “the” and inserting “this”.
Amend section 1, page 1, line 13, by deleting “and”.
Amend section 1, page 1, line 14, by deleting “city.” and inserting:
“city; and
(d) Not have ever been removed or retired from any judicial office by the commission on judicial discipline.”.
Amend section 1, page 1, line 15, by deleting “2.” and inserting “[2.] 3.”.
Amend section 1, page 1, after line 18, by inserting:
“[3.] 4. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, first line, after “authorizing” by inserting “certain”.
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. 346.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 864.
Amend section 1, page 2, by deleting lines 4 and 5 and inserting:
“accredited by the state to treat persons who abuse drugs and alcohol; [and
(d) Four]
(d) One member who is employed by the bureau and has experience in matters concerning budgeting and experience in working with the programs of the bureau;
(e) One member who is employed by the division of mental health and developmental services of the department of human resources who has relevant experience, which may include, without limitation, experience in matters concerning budgeting and experience in working with programs of the division of mental health and developmental services of the department of human resources;
(f) One member who represents the interests of private businesses concerning substance abuse in the workplace; and
(g) Three members who represent the general public [.] , one of whom is the parent of a child who has a mental illness or who has or has had a problem with substance abuse.”.
Amend sec. 2, page 3, line 1, by deleting “Seven” and inserting] “[Seven Eight”.
Amend sec. 3, page 3, by deleting lines 21 through 24 and inserting:
“(a) Make grants pursuant to [programs for substance abuse education, prevention, enforcement and treatment;] subsection 5 of NRS 458.420; and”.
Amend sec. 4, page 3, by deleting line 33 and inserting:
“1. Develop , [and] coordinate and adopt a state master plan . [that must] The plan:”.
Amend sec. 4, pages 3 and 4, by deleting line 42 on page 3 and lines 1 and 2 on page 4 and inserting:
“[(d)] (3) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and”.
Amend sec. 4, page 4, line 3, by deleting “(e)” and inserting “[(e)”.
Amend sec. 4, page 4, between lines 5 and 6, by inserting:
“(4) Suggestions and advice to the bureau concerning the programs of the bureau.”.
Amend sec. 4, page 4, by deleting lines 25 through 27 and inserting:
“5. Make grants of available money to programs that providesubstanceabuse education, prevention, enforcement and treatment and to organizations that evaluate such programs.”.
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. 357.
Bill read second time and ordered to third reading.
Senate Bill No. 366.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 778.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.
Amend sec. 3, page 2, by deleting lines 39 and 40 and inserting:
“Sec. 6. This act becomes effective on January 1,
1996, and expires by
limitation on December 31, [1999.] 2001.”.
Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 2.
Amend sec. 5, page 2, by deleting line 42 and inserting:
“Sec. 2. 1. This act becomes effective upon”.
Amend sec. 5, page 3, by deleting lines 1 through 8 and inserting:
“2. Notwithstanding the provisions of NRS 244A.7643, a board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall not impose such a surcharge on the mobile telephone service provided to each customer of that service who resides in the county on or after the date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners that the enhancement of the telephone system for reporting an emergency in that county has been completed in such a manner that when a person”.
Amend sec. 5, page 3, line 10, by deleting “(1)” and inserting “(a)”.
Amend sec. 5, page 3, line 12, by deleting “(2)” and inserting “(b)”.
Amend sec. 5, page 3, after line 15 by inserting:
“3. A board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall notify in a timely manner each telephone company and supplier that collects such a surcharge to cease collecting the surcharge:
(a) On each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county on or after December 31, 2001.
(b) On the mobile telephone service provided to each customer of that service who resides in the county on or after the earlier of the following dates:
(1) December 31, 2001; or
(2) The date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners of that county that the enhancement of the telephone system for reporting an emergency in that county has been completed in the manner described in subsection 2.”.
Amend the bill as a whole by deleting the text of the repealed section.
Amend the title of the bill to read as follows:
“AN ACT relating to telephone services; extending the prospective expiration of certain provisions concerning surcharges on telephone services in certain counties for the enhancement of the telephone systems for reporting emergencies in those counties; and providing other matters properly relating thereto.”.
Amend the summary of the bill, third line, by deleting “(BDR 20‑550)” and inserting “(BDR S‑550)”.
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. 395.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 865.
Amend section 1, page 1, lines 18 and 19, by deleting “an application” and inserting:
“the consideration of a prisoner”.
Amend sec. 2, page 4, line 3, by deleting “an application” and inserting:
“the consideration of a prisoner”.
Amend sec. 3, page 5, by deleting lines 6 through 14 and inserting:
“213.130 1. The department of prisons shall:
(a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the state board of parole commissioners of the eligibility of the prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for parole, compile and provide to the board data that will assist the board in determining whether parole should be granted.”.
Amend sec. 3, page 5, line 15, by deleting “applying” and inserting “being considered”.
Amend sec. 3, page 5, line 19, after “crime” by inserting:
“were admitted at the trial of the prisoner or were part of the report of the presentence investigation and”.
Amend sec. 3, page 5, line 21, after “meeting.” by inserting:
“A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs.”.
Amend sec. 3, page 5, by deleting line 23 and inserting:
“3. Meetings to consider prisoners for parole may”.
Amend sec. 3, page 5, line 27, by deleting:
“the application of”.
Amend sec. 3, page 5, line 28, by deleting “whose application” and inserting “who”.
Amend sec. 3, page 5, line 29, after “considered” by inserting “for parole”.
Amend sec. 3, page 5, line 32, by deleting:
“any person applying” and inserting:
“a prisoner being considered”.
Amend sec. 3, page 5, by deleting line 34 and inserting:
“consider the prisoner for parole. A prisoner must not be considered for parole”.
Amend sec. 3, page 5, by deleting line 41 and inserting:
“to consider a prisoner for parole.”.
Amend sec. 3, page 6, line 1, by deleting “an application” and inserting “a prisoner”.
Amend sec. 3, page 6, line 3, by deleting “application,” and inserting:
“parole of the prisoner,”.
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. 452.
Bill read second time and ordered to third reading.
Senate Bill No. 464.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 774.
Amend sec. 2, page 1, line 8, after “of” by inserting:
“not more than”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 471.
Bill read second time and ordered to third reading.
Senate Bill No. 495.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 884.
Amend sec. 13, page 8, by deleting lines 1 through 42 and inserting:
“(b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium of at least $15,000, calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.
4. An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.
5. An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000;
(c) Has at least 15 members; and
(d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.
6. An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and
(c) Has at least 15 members.
7. The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.
8. [Except as otherwise provided in NRS 616B.389, a]A member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.
9. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.
10. The association shall:
(a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:
(1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or
(2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);
(b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and
(c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (b), unless the association first receives notice from the administrator that the member has:
(1) Become insured by the system;
(2) Been certified as a self-insured employer pursuant to NRS 616B.312;
(3) Become a member of another association of self-insured public or private employers; or
(4) Become insured by a private carrier.
11. If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.
12. An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or [chapter] 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of the compensation.”.
Amend the bill as a whole by renumbering sections 41 and 42 as sections 47 and 48 and adding new sections designated sections 41 through 46, following sec. 40, to read as follows:
“Sec. 41. Section 11 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 11. NRS 616B.095 is hereby amended to read as follows:
616B.095 If the provisions of NRS 616B.224 concerning thestate insurance fund, or the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS making the compensation to the workman provided in those chapters exclusive of any other remedy on the part of the workman, [shall be] are held invalid, each of those chapters [shall] must be thereby invalidated, except the provisions of NRS 616B.101, and an accounting according to the justice of the case [shall] must be had on [moneys] money received. In other respects an adjudication of invalidity of any part of this chapter or chapter 616A, 616C , [or] 616D or 617 of NRS [shall] must not affect the validity of any of those chapters as a whole or any part thereof.
Sec. 42. Section 15 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 15. NRS 616B.224 is hereby amended to read as follows:
616B.224 1. Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by his insurer, furnish the insurer with:
(a) A true and accurate payroll showing:
(1) The total amount paid to employees for services performed;
(2) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and
(3) A segregation of employment in accordance with the requirements of the commissioner; and
(b) Any premium due pursuant to the terms of the policy of industrial insurance.
The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer.
2. Failure of any employer to comply with the provisions of this section operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS, effective on the date established by the insurer pursuant to subsection 1. The insurer shall notify the administrator of each such rejection.
3. The insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters.
4. The system may impose a penalty not to exceed 10 percent of the premiums which are due for the failure of an employer insured by the system to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
5. To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.
6. Every employer insured by the system shall pay its premiums to the state insurance fund. All money received by the system pursuant to this section must be deposited with the state treasurer to the credit of the state insurance fund.
Sec. 43. Section 41 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 41. NRS 616D.050 is hereby amended to read as follows:
616D.050 1. Appeals officers, the administrator and the administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
(b) Administer oaths.
(c) Certify to official acts.
(d) Call and examine under oath any witness or party to a claim.
(e) Maintain order.
(f) Rule upon all questions arising during the course of a hearing or proceeding.
(g) Permit discovery by deposition or interrogatories.
(h) Initiate and hold conferences for the settlement or simplification of issues.
(i) Dispose of procedural requests or similar matters.
(j) Generally regulate and guide the course of a pending hearing or proceeding.
2. Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.
(b) Maintain order.
(c) Permit discovery by deposition or interrogatories.
(d) Initiate and hold conferences for the settlement or simplification of issues.
(e) Dispose of procedural requests or similar matters.
(f) Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 44. Section 43 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 43. NRS 616D.080 is hereby amended to read as follows:
616D.080 1. Each officer who serves a subpoena is entitled to receive the same fees as a sheriff.
2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B , [or] 616C or 617 of NRS, before an appeals officer, a hearing officer, the administrator or the administrator’s designee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record. For subpoenas issued on behalf of this state or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein.
3. The appeals officer, hearing officer, administrator or the administrator’s designee shall:
(a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party.
Sec. 45. Section 1 of Senate Bill No. 175 of this session is hereby amended to read as follows:
Section 1. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:
(a) The premiums that would otherwise have been owed to the system or a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years; and
(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.
2. The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS, [is:
(a) For the first offense, guilty of a misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.] shall be punished as follows:
(a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.
(b) If it is a first offense and, during the period the employer was doing business in this state without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
(c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:
(a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and
(b) Reimburse the uninsured employers’ claim fund for all payments made from the fund on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the fund, that have not otherwise been recovered pursuant to NRS 616C.220.
5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1.
Sec. 46. Senate Bill No. 175 of this session is hereby amended by adding thereto a new section designated sec. 2, following section 1, to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend sec. 42, page 25, line 29, after “40” by inserting:
“to 46, inclusive,”.
Amend sec. 42, page 25, line 30, by deleting “41” and inserting “47”.
Amend sec. 42, page 25, line 31, by deleting “13,”.
Amend sec. 42, page 25, line 32, by deleting “41” and inserting “47”.
Amend sec. 42, page 25, after line 32, by inserting:
“3. Section 13 of this act becomes effective at 12:02 a.m. on July 1, 1999.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 514.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 861.
Amend sec. 3, page 2, by deleting lines 9 through 17.
Amend sec. 3, page 2, line 18, by deleting “3.” and inserting “2.”.
Amend sec. 3, page 2, line 30, by deleting “4.” and inserting “3.”.
Amend sec. 5, page 4, line 18, by deleting “1” and inserting “2”.
Amend sec. 6, page 4, line 39, by deleting “1” and inserting “2”.
Amend sec. 9, page 5, by deleting lines 31 through 38.
Amend sec. 9, page 5, line 39, by deleting “3.” and inserting “2.”.
Amend sec. 9, page 6, line 8, by deleting “4.” and inserting “3.”.
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. 531.
Bill read second time and ordered to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:05 p.m.
ASSEMBLY IN SESSION
At 12:15 p.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 439.
The following Senate amendment was read:
Amendment No. 764.
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. Notwithstanding the amendatory provisions of section 1 of this act to the contrary:
1. A permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, to a person who is a resident of this state and is 60 years of age or older remains valid until:
(a) The date of expiration of the permit; or
(b) The date on which the person to whom it is issued ceases to be a resident of this state,
whichever occurs first.
2. A person who holds a valid permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, may apply for the issuance of an annual permit described in paragraph (d) of subsection 1 of NRS 407.065 upon:
(a) Proof only that the person is a current resident of this state; and
(b) Payment of the administrative fee required by that paragraph.
3. The division of state parks of the state department of conservation and natural resources shall, upon receiving an application that satisfies the requirements of subsection 2, issue to the applicant an annual permit described in paragraph (d) of subsection 1 of NRS 407.065.
4. An annual permit issued pursuant to subsection 3 is renewable by the person to whom it is issued subject to the same terms and conditions applicable to the issuance of the permit.”.
Amend sec. 4, page 3, by deleting line 33 and inserting:
“Sec. 5. 1. This act becomes effective on January 1, 2000.
2. Section 4 of this act expires by limitation on January 1, 2005.”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 439.
Remarks by Assemblyman de Braga.
Motion carried.
The following Senate amendment was read:
Amendment No. 847.
Amend sec. 2, page 3, line 18, by deleting “repairs,” and inserting:
“repairs and projects with a cost of less than $25,000,”.
Amend sec. 2, page 3, line 20, by deleting “purposes” and inserting:
“projects with a cost of $25,000 or more,”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 439.
Remarks by Assemblyman de Braga.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 265.
The following Senate amendment was read:
Amendment No. 766.
Amend section 1, page 1, line 3, by deleting “medically monitored ” and inserting “modified medical”.
Amend sec. 3, page 2, line 9, by deleting “freestanding”.
Amend sec. 3, page 2, line 15, by deleting “medically monitored” and inserting “modified medical”.
Amend the title of the bill, second line, by deleting “medically monitored” and inserting “modified medical”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates new category of medical facility for modified medical detoxification. (BDR 40‑1088)”.
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 265.
Remarks by Assemblywoman Freeman.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 284.
The following Senate amendment was read:
Amendment No. 783.
Amend the bill as a whole by renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. Notwithstanding the provisions of section 3 of this act, the state board of health shall not adopt regulations requiring the fluoridation of a public water system serving the inhabitants of a county whose population is 100,000 or more, but less than 400,000, until the health division of the department of human resources certifies that sufficient funding has been obtained from sources of financial support, including, without limitation, grants from the Federal Government, for the payment of the initial costs of such a public water system to begin complying with the provisions of section 3 of this act.”.
Amend sec. 5, page 3, line 29, by deleting “becomes” and inserting:
“and section 5 of this act become”.
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 284.
Remarks by Assemblywoman Freeman.
Motion carried.
The following Senate amendment was read:
Amendment No. 809.
Amend sec. 3, page 2, line 3, by deleting “100,000” and inserting “400,000”.
Amend sec. 4, page 3, line 25, by deleting “100,000” and inserting “400,000”.
Amend the bill as a whole by deleting sec. 5 and renumbering sec. 6 as sec. 5.
Amend sec. 6, page 4, by deleting line 1 and inserting:
“Sec. 5. 1. This section becomes effective”.
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 284.
Remarks by Assemblywoman Freeman.
Motion carried.
Bill ordered enrolled.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 360 and 369 be taken from their position on the General File and placed at the top of the General File.
Remarks by Assemblyman Perkins.
Motion carried.
Assemblyman Goldwater moved that Senate Bill No. 287 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Goldwater.
Motion carried.
Assemblyman Perkins moved that the reading of the history on Senate Bills on General File be dispensed with for this legislative day.
Motion carried.
general file and third reading
Senate Bill No. 360.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 866.
Amend sec. 2, page 1, line 6, after “eye.” by inserting:
“The term includes, without limitation, a laser scope intended for use with a firearm.”.
Amend sec. 3, page 1, by deleting lines 7 through 15 and inserting:
“Sec. 3. 1. A person shall not knowingly direct light emitted from a laser pointer into or through a public place or at another person in amanner that would cause a reasonable person apprehension or fear of bodily harm, unless the person does so for a valid and lawful purpose.
2. A person who violates the provisions of this section is guilty of a misdemeanor.”.
Amend sec. 4, page 2, line 1, after “not” by inserting “knowingly”.
Amend sec. 4, page 2, by deleting line 5 and inserting “gross misdemeanor.”.
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. 369.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 889.
Amend sec. 3, page 2, by deleting lines 18 and 19 and inserting:
“request, information furnished by an obligor to obtain the director’s assistance in financing a project pursuant to NRS 349.400 to 349.670,”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 38.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 38:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Bill No. 38 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 103.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 103:
Yeas—39.
Nays—Angle, Gustavson—2.
Excused—Evans.
Assembly Bill No. 103 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 181.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 181:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Bill No. 181 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 220.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Assembly Bill No. 220:
Yeas—40.
Nays—Angle.
Excused—Evans.
Assembly Bill No. 220 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 343.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 343:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Bill No. 343 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 346.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Assembly Bill No. 346:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Bill No. 346 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 22.
Resolution read third time.
Remarks by Assemblymen Anderson and Von Tobel.
Roll call on Assembly Joint Resolution No. 22:
Yeas—36.
Nays—Angle, Carpenter, Goldwater, Gustavson, Von Tobel—5.
Excused—Evans.
Assembly Joint Resolution No. 22 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Senate Bill No. 16.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 16:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 16 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 35.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Senate Bill No. 35:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 35 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 46.
Bill read third time.
Remarks by Assemblymen Price and Anderson.
Potential conflict of interest declared by Assemblymen Anderson, Giunchigliani, Bache and Parnell.
Roll call on Senate Bill No. 46:
Yeas—40.
Nays—Angle.
Excused—Evans.
Senate Bill No. 46 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 73.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 73:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 73 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 81.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 81:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 81 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 105.
Bill read third time.
Remarks by Assemblymen Bache, Goldwater and de Braga.
Roll call on Senate Bill No. 105:
Yeas—36.
Nays—Angle, Gibbons, Goldwater, Gustavson, Price—5.
Excused—Evans.
Senate Bill No. 105 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 106.
Bill read third time.
Remarks by Assemblywoman Parnell.
Roll call on Senate Bill No. 106:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 106 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 108.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Senate Bill No. 108:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 108 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 118.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 118:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 118 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 129.
Bill read third time.
Remarks by Assemblymen McClain and Nolan.
Potential conflict of interest declared by Assemblyman Nolan.
Roll call on Senate Bill No. 129:
Yeas—40.
Nays—None.
Not Voting—Nolan.
Excused—Evans.
Senate Bill No. 129 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 161.
Bill read third time.
Remarks by Assemblywoman Gibbons.
Roll call on Senate Bill No. 161:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 161 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 163.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 163:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 163 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 179.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 179:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 179 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 266.
Bill read third time.
Remarks by Assemblymen Collins and Carpenter.
Roll call on Senate Bill No. 266:
Yeas—12.
Nays—Anderson, Angle, Arberry, Bache, Berman, Brower, Buckley, Carpenter, Claborn, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Parnell, Perkins, Price, Von Tobel, Williams—29.
Excused—Evans.
Senate Bill No. 266 having failed to receive a two-thirds majority, Mr. Speaker declared it lost.
Senate Bill No. 303.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Senate Bill No. 303:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 303 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 304.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Senate Bill No. 304:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 304 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 318.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 318:
Yeas—40.
Nays—Buckley.
Excused—Evans.
Senate Bill No. 318 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 343.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 343:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 343 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 365.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Senate Bill No. 365:
Yeas—40.
Nays—Gustavson.
Excused—Evans.
Senate Bill No. 365 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 371.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Senate Bill No. 371:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 371 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 470.
Bill read third time.
Assemblyman Bache moved that Senate Bill No. 470 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 473 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 534.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 534:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 534 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 535.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 535:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 535 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 538.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 538:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 538 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 53.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 53:
Yeas—40.
Nays—None.
Not Voting—Claborn.
Excused—Evans.
Senate Bill No. 53 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 202.
The following Senate amendment was read:
Amendment No. 748.
Amend sec. 2, page 2, line 21, by deleting “maintenance,” and inserting:
“maintenance of any highway under the jurisdiction of the department of transportation,”.
Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 202.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 588.
The following Senate amendment was read:
Amendment No. 760.
Amend sec. 3, page 3, line 3, after “inclusive,” by inserting:
“or chapter 617”.
Amend sec. 9, page 6, line 32, after “clerk” by inserting:
“or his designee”.
Amend the bill as a whole by adding a new section designated sec. 11, following sec. 10, to read as follows:
“Sec. 11. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 588.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 639.
The following Senate amendment was read:
Amendment No. 763.
Amend section 1, page 1, line 9, by deleting “Such” and inserting:
“Except as otherwise provided in paragraph (d), such”.
Amend section 1, page 2, between lines 14 and 15, by inserting:
“The notice required pursuant to this paragraph must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.”.
Amend sec. 3, page 2, line 39, after “332.039 and” by inserting:
“paragraph (a) of subsection 1 of”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 639.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 108, 150, 169, 304, 409, 416, 471, 611; Assembly Joint Resolution No. 15; Assembly Concurrent Resolutions Nos. 65, 66; Senate Bills Nos. 14, 177, 241, 262, 315, 536; Senate Concurrent Resolutions Nos. 14, 45; Senate Joint Resolution No. 21.
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 John White.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Cliff Dodge.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Welsh.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Keith Conley, Bob Dolezal and Mark Swails.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Watson and Monte Waltens.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Kathryn Baker, Morgan Barone, David Berman, Alicia Detrick, Lucy Dugan, Jeremy Groves, Hunter Heidrich, Kendra Kibler, Paige Lassiter, Drake Riley, Erin Roberts, Nicole Roberts, Allie Scurry, Matthew Sims, Stefan Sobiek, Kyle Sullivan, Anthony Thompson, Shayne Urrutia, Sydney Ward, Trevor Williams, Lauren Wrentmore, Ashley York, Chelsea Lancaster, Brittany Gonzales, Tara Acquafondata, Janna Ammons, Tara Bennett, Brianna Bullentini, Albert Chin, Chase Cobb, Naomi Garcia, Mike Guglielmo, Daniel Heider, Tristan Hill, Taylor Hutchinson, C.J. Karrasch, Gage Locke, Michelle Long, Allie McLoughlin, Allyson Menges, Jessica Montoya, Aubrie Neil, Elise Pferschy, Spencer Terry, Keri Trachok, Brent VanWyck, Lauren VanClitters, David Ward, Megan Yepez, Dalynne Moore, Corinn Cathcart, Shelly O'Neil, Valerie Roberts, Sharon Berman, Linda VanCitters, Cathy Trachok, Pamela VanWyck, Connie Long, Julie Acquafondata, Sandy Armentrouth and Gloria Tetzlaff.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Patrick Bailey.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Anna Anderson, Andrew Candia, Juan Cervantez, Shannon Clayton, Kimberly Dennis, Rosa Diaz, Brandon Ehrlich, Anna Fast, Jayde Foody, Victor Garcia, Candice George, Carmen Gonzalez, Lindsay Goodnight, Christina Hanson, Erick Heller, Carolina Hernandez, Dristen Koop, Jaime Lappin-Hoover, Mario Lundy, Anahi Maldonado, Katherine Mauldin, Megan Petterson, Andrew Poehlman, Jesus Ramirez, Denise Rikalo, Anthony Roman, David Wages, John "Scott" Walker, Taryl Walker, Jane Starratt and Linda Lappin.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Robert Ahlsrom.
Assemblyman Perkins moved that the Assembly adjourn until Saturday, May 15, 1999, at 8:00 a.m.
Motion carried.
Assembly adjourned at 1:29 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon