THE ONE HUNDRED AND FOURTH DAY
Carson City (Saturday), May 15, 1999
Assembly called to order at 8:25 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Carpenter, Evans and Nolan, who were excused.
Prayer by the Chaplain, Reverend Bruce Henderson.
Lord, on this day there are vintage airplanes on display, trains steaming up, charity walk-a-thons, picnics to honor our Armed Forces, and rummage sales. Here we sit. With some tongue-in-cheek we remember that even You decided to rest on Saturday! So, although we may not feel much like it today, we still pause to thank You for the privilege to serve. Please be with us as we look forward to future weekends the way we'd like them. I pray this prayer in the Name of Jesus. 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. 437, 439, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 194, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Senate Bill No. 451, 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
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 14, 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. 74, 100, 136, 188, 207, 211, 234, 236, 270, 303, 314, 410, 459, 553, 554, 584, 601, 606, 620, 667, 678; Senate Bills Nos. 546, 547.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 76, Amendment No. 754; Assembly Bill No. 110, Amendment No. 811; Assembly Bill No. 112, Amendment No. 812; Assembly Bill No. 252, Amendment No. 795; Assembly Bill No. 467, Amendment No. 818; Assembly Bill No. 603, Amendment No. 894; Assembly Bill No. 616, Amendment No. 817; Assembly Bill No. 617, Amendment No. 842; Assembly Bill No. 627, Amendment No. 777; Assembly Bill No. 645, Amendment No. 843, 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 adopted Assembly Concurrent Resolution No. 37.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 2.
Assemblywoman Koivisto moved the adoption of the resolution.
Remarks by Assemblywoman Koivisto.
Resolution adopted.
Senate Concurrent Resolution No. 3.
Assemblywoman Parnell moved the adoption of the resolution.
Remarks by Assemblywoman Parnell.
Resolution adopted.
Senate Concurrent Resolution No. 11.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted.
By the Committee on Education:
Assembly Joint Resolution No. 25—Expressing sympathy, support and condolences to the grieving families and students of Columbine High School, the community of Littleton, Colorado, and the residents of the State of Colorado relating to the recent tragedy in Littleton, Colorado.
Assemblyman Williams moved that the resolution be referred to the Committee on Education.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 546.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 547.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved the reading of the history on Senate Bills on Second Reading and General File be dispensed with for this legislative day.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 341 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 397 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Anderson moved that Senate Bill No. 514 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Berman moved that Senate Bill No. 145 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Berman.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 32.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 791.
Amend sec. 2, page 1, line 11, by deleting:
“the defects or” and inserting:
“to the extent known the defects, and”.
Amend sec. 2, page 1, line 12, after “residence” by inserting “or appurtenance”.
Amend sec. 2, page 1, by deleting lines 13 and 14 and inserting:
“The notice must describe in reasonable detail each defect, the specific location of each defect, and the”.
Amend sec. 2, page 2, line 5, after “a” by inserting:
“valid and reliable”.
Amend sec. 2, page 2, line 6, after “residences” by inserting “and appurtenances”.
Amend sec. 2, page 2, line 18, after “residence” by inserting “or appurtenance”.
Amend sec. 2, page 2, by deleting lines 29 and 30 and inserting:
“(a) Establish a schedule for the addition of any additional parties to the complaint or to file any third-party complaint against an”.
Amend sec. 2, page 3, line 12, by deleting “If” and inserting:
“Subject to the provisions of NRS 40.680, if”.
Amend sec. 2, page 3, line 22, after “residence” by inserting “or appurtenance”.
Amend sec. 2, page 3, line 23, after “by” by inserting:
“or on behalf of”.
Amend sec. 2, page 3, line 26, by deleting “45” and inserting “60”.
Amend sec. 2, page 3, line 28, by deleting:
“offer of settlement” and inserting “response”.
Amend sec. 2, page 3, line 32, by deleting:
“offer of settlement” and inserting “response”.
Amend sec. 2, page 3, line 34, by deleting:
“offer of settlement.” and inserting “response.”.
Amend sec. 2, page 3, line 35, by deleting:
“offer of settlement” and inserting:
“response of the contractor”.
Amend sec. 2, page 3, line 36, by deleting “offer” and inserting:
“response of the contractor”.
Amend sec. 5, page 4, by deleting lines 30 and 31 and inserting:
“inclusive, and sections 2, 3, 4 and 6 of this act, a claimant may not commence an action against a subdivider or master developer for a constructional ”.
Amend sec. 5, page 4, line 34, after “licensed” by inserting “general”.
Amend sec. 5, page 4, line 35, by deleting “unless, after” and inserting:
“unless:
(a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or
(b) After”.
Amend sec. 5, page 5, line 14, after “4.” by inserting:
“Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce his own rights.
5. The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses his license as a generalcontractor in the course of constructing the appurtenance that is the subject of the action.
6.”.
Amend sec. 5, page 5, by deleting lines 15 through 17 and inserting:
“(a) “Master developer” means a person who buys, sells or develops a planned unit development, including, without limitation, a person who enters into a development agreement pursuant to NRS”.
Amend sec. 6, page 5, line 22, after “that” by inserting “is or”.
Amend sec. 6, page 5, line 36, after “that” by inserting “is or”.
Amend sec. 6, page 5, line 40, after “that” by inserting “is or”.
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
“Sec. 8.5. NRS 40.625 is hereby amended to read as follows:
40.625 “Homeowner’s warranty” means a warranty or policy of insurance:
1. Issued or purchased by or on behalf of a contractor for the protection of a claimant; or
2. Purchased by or on behalf ofa claimant pursuant to NRS 690B.100 to 690B.180, inclusive.
The term includes a warranty contract issued by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.”.
Amend sec. 9, page 6, line 29, by deleting “[or each” and inserting “or [each”.
Amend sec. 9, page 6, line 30, after “residence]” by inserting “appurtenance”.
Amend sec. 9, page 6, line 34, after “residence” by inserting “or appurtenance”.
Amend sec. 9, page 6, by deleting line 37 and inserting:
“components of theresidences [or of the units of each multiple unit residence] and appurtenancesinvolved in the”.
Amend sec. 9, page 6, line 38, by deleting “35-day” and inserting “[35-day] 45-day”.
Amend sec. 9, page 7, line 4, after “residence” by inserting “or appurtenance”.
Amend sec. 9, page 7, line 5, after “by” by inserting:
“or on behalf of”.
Amend sec. 9, page 7, line 8, by deleting “45” and inserting “[45] 60”.
Amend sec. 9, page 7, by deleting lines 9 and 10 and inserting:
“contractor [may]shallmake a written [offer of settlement] responseto the claimant. The [offer:] response:”.
Amend sec. 9, page 7, line 16, by deleting “offer” and inserting “[offer] response”.
Amend sec. 9, page 7, line 17, by deleting “the” and inserting “[the] any”.
Amend sec. 9, page 7, line 19, by deleting “compensation.” and inserting:
“compensation [.] , which may include a contribution from a subcontractor.”.
Amend sec. 9, page 7, line 20, after “contractor” by inserting “or his subcontractor”.
Amend sec. 9, page 7, line 21, after “contractor” by inserting “or subcontractor”.
Amend sec. 9, page 7, line 26, by deleting “offer,” and inserting “[offer,] response,”.
Amend sec. 9, page 7, line 27, by deleting “contractor.” and inserting:
“contractor [.] , or timely completion of the repairs is not reasonably possible.”.
Amend sec. 9, page 7, line 41, by deleting:
“offer of settlement” and inserting:
“[offer of settlement] response”.
Amend sec. 9, page 7, after line 42, by inserting:
“6. As used in this section, “subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.”.
Amend sec. 10, page 8, line 3, after “settlement” by inserting:
“made as part of a response”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. NRS 40.687 is hereby amended to read as follows:
40.687 Notwithstanding any other provision of law:
1. A claimant shall, within 10 days after commencing an action against a contractor, disclose to the contractor all information about any homeowner’s warranty that is applicable to the claim.
2. The contractor shall, no later than 10 days after [any settlement offer] a responseis made pursuant to this chapter, disclose to the claimant any information about insurance agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.
3. Except as otherwise provided in subsection 4, if either party fails to provide the information required pursuant to subsection 1 or 2 within the time allowed, the other party may petition the court to compel production of the information. Upon receiving such a petition, the court may order the party to produce the required information and may award the petitioning party reasonable attorney’s fees and costs incurred in petitioning the court pursuant to this subsection.
4. The parties may agree to an extension of time to produce the information required pursuant to this section.
5. For the purposes of this section, “information about insurance agreements” is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.”.
Amend sec. 16, page 10, line 21, by deleting:
“this section and”.
Amend sec. 16, page 10, lines 33 and 34, by deleting:
“[and subsection 1 of this section, where] ,” and inserting:
“and subsection 1 of this section, [where]”.
Amend sec. 17, page 11, line 2, by deleting:
“this section and”.
Amend sec. 17, page 11, lines 14 and 15, by deleting:
“[and subsection 1 of this section, where] ,” and inserting:
“and subsection 1 of this section, [where]”.
Amend sec. 18, page 11, line 27, by deleting:
“this section and”.
Amend sec. 18, page 11, lines 39 and 40, by deleting:
“[and subsection 1 of this section, where] ,” and inserting:
“and subsection 1 of this section, [where]”.
Amend sec. 19, page 12, lines 29 and 30, by deleting:
“purchaser and notarized.” and inserting “purchaser.”.
Amend sec. 23, page 14, line 29, by deleting “50” and inserting “35”.
Amend sec. 24, page 15, line 11, after “That” by inserting:
“, except in an emergency, including, without limitation, the loss of heating, cooling, plumbing or electrical service by the insured,”.
Amend sec. 24, page 15, line 13, after “claim.” by inserting:
“Work must commence on an emergency not later than 24 hours after the report of the claim. The commissioner may adopt regulations to define “emergency” for the purposes of this paragraph.”.
Amend sec. 25, page 15, by deleting lines 29 through 32 and inserting:
“protection, other than casualty insurance, shall not:
1. Engage in any other business [other than the furnishing] of insurance [for home protection.] or real estate pursuant to chapters 645 to 645D, inclusive, of NRS.
2. Assume reinsurance from any other insurer.”.
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. 49.
Bill read second time and ordered to third reading.
Senate Bill No. 97.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 910.
Amend section 1, page 1, line 3, by deleting “mental retardation” and inserting “developmental services”.
Amend the title of the bill, first line, by deleting “mental retardation;” and inserting “developmental services;”.
Amend the summary of the bill, first line, by deleting “mental retardation.” and inserting “developmental services.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 182.
Bill read second time and ordered to third reading.
Senate Bill No. 190.
Bill read second time and ordered to third reading.
Senate Bill No. 284.
Bill read second time and ordered to third reading.
Senate Bill No. 349.
Bill read second time and ordered to third reading.
Senate Bill No. 383.
Bill read second time and ordered to third reading.
Senate Bill No. 419.
Bill read second time and ordered to third reading.
Senate Bill No. 421.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 891.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially removes smoke from the area.
2. Except as otherwise provided in subsection 3, until January 1, 2010, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2010, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.
3. If at any time before January 1, 2010, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodel a method of ventilation which substantially removes smoke from the area.
4. For the purposes of this section “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.
Sec. 2. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 and section 1 of this act to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 and section 1 of this act are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492[.] and section 1 of this act. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494.
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494[.] and section 1 of this act.”.
Amend section 1, page 1, by deleting lines 2 and 3 and inserting:
“202.2491 1. Except as otherwise provided in subsections 5 and 6, and section 1 of this act, the smoking of tobacco in any form is prohibited if done in any:”.
Amend section 1, page 2, by deleting line 16 and inserting:
“section 1 of this act.”.
Amend section 1, pages 2 and 3, by deleting lines 37 through 43 on page 2 and lines 1 through 14 on page 3.
Amend section 1, page 3, line 15, by deleting “8.” and inserting “7.”.
Amend section 1, page 3, line 20, by deleting “[8.] 9.” and inserting “8.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
“Sec. 4. NRS 202.2492 is hereby amended to read as follows:
202.2492 1. A person who violates NRS 202.2491 or section 1 of this act is guilty of a misdemeanor.
2. In each health district, the district health officer shall, and, for areas of this state which are not within a health district, the state health officer shall, designate one or more of his employees to prepare, sign and serve written citations on persons accused of violating NRS 202.2491[.]or section 1 of this act. Such an employee:
(a) May exercise the authority to prepare, sign and serve those citations only within the geographical jurisdiction of the district or state health officer by which he is employed; and
(b) Shall comply with the provisions of NRS 171.1773.
Sec. 5. NRS 202.24925 is hereby amended to read as follows:
202.24925 1. In addition to any criminal penalty, a person who violates NRS 202.2491 or section 1 of this act is liable for a civil penalty of $100 for each violation.
2. A health authority within whose jurisdiction a violation of NRS 202.2491 or section 1 of this act is committed shall:
(a) Collect the civil penalty, and may commence a civil proceeding for that purpose; and
(b) Deposit any money he collects pursuant to this section with the state treasurer for credit to the account for health education for minors, which is hereby created in the state general fund.
3. The superintendent of public instruction:
(a) Shall administer the account for health education for minors; and
(b) May, with the advice of the state health officer, expend money in the account only for programs of education for minors regarding human health.
4. The interest and income earned on the money in the account for health education for minors, after deducting any applicable charges, must be credited to the account.
5. All claims against the account for health education for minors must be paid as other claims against the state are paid.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to public health; establishing certain requirements related to smoking in certain public areas of grocery”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes certain requirements related to smoking in certain public areas of grocery stores. (BDR 15‑1267)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson and Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 440.
Bill read second time and ordered to third reading.
Senate Bill No. 455.
Bill read second time and ordered to third reading.
Senate Bill No. 519.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 878.
Amend the bill as a whole by deleting section 1 and inserting:
“Section 1. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 3. and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 4, page 5, by deleting lines 33 through 43.
Amend the bill as a whole by deleting sec. 5.
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. 522.
Bill read second time and ordered to third reading.
Senate Bill No. 523.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Senate Bill No. 287 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Goldwater.
Motion carried.
Assemblyman Goldwater moved that Senate Bill No. 424 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Goldwater.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 350 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 424.
Bill read second time and ordered to third reading.
general file and third reading
Senate Bill No. 13.
Bill read third time.
Remarks by Assemblymen Parks, Chowning and Buckley.
Roll call on Senate Bill No. 13:
Yeas—36.
Nays—Gibbons, Gustavson—2.
Not Voting—Humke.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 13 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 30.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Senate Bill No. 30:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 30 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 52.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 52:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 52 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 57.
Bill read third time.
Remarks by Assemblymen Leslie, Beers, Anderson, Humke and Arberry.
Roll call on Senate Bill No. 57:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 57 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 131.
Bill read third time.
Remarks by Assemblymen Bache and Gustavson.
Roll call on Senate Bill No. 131:
Yeas—36.
Nays—Angle, Beers, Gustavson—3.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 131 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 139.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 139:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 139 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 148.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 148:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 148 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 291.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 291:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 291 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 314.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 314:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 314 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 346.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Senate Bill No. 346:
Yeas—39.
Nays—None.
Excused—Carpenter, Evans, Nolan—3.
Senate Bill No. 346 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 357.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Senate Bill No. 357:
Yeas—36.
Nays—Gibbons, Gustavson—2.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 357 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 360.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Senate Bill No. 360:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 360 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 366.
Bill read third time.
Remarks by Assemblymen Bache and Gustavson.
Roll call on Senate Bill No. 366:
Yeas—37.
Nays—Gustavson.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 366 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 369.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Senate Bill No. 369:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 369 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 395.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 395:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 395 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 452.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 452:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 452 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 464.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 464:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 464 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 471.
Bill read third time.
Remarks by Assemblymen Leslie, Goldwater and Bache.
Roll call on Senate Bill No. 471:
Yeas—35.
Nays—Gibbons, Goldwater, Price—3.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 471 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 495.
Bill read third time.
Remarks by Assemblymen Hettrick and Lee.
Conflict of interest declared by Assemblyman Lee.
Roll call on Senate Bill No. 495:
Yeas—37.
Nays—None.
Not Voting—Lee.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 495 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 531.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Senate Bill No. 531:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 531 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 341.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 909.
Amend sec. 5, page 4, by deleting lines 7 and 8, and inserting:
“(g) Hardware and associated peripheral equipment and devicesfor computers;
(h) Software for computers;”.
Amend sec. 5, page 4, line 9, by deleting “(h)” and inserting “(i)”.
Amend sec. 5, page 4, line 10, by deleting “(i)” and inserting “(j)”.
Amend sec. 5, page 4, line 12, by deleting “(j)” and inserting “(k)”.
Amend sec. 5, page 4, line 16, by deleting “(k)” and inserting “(l)”.
Amend sec. 5, page 4, line 19, by deleting “(l)” and inserting “(m)”.
Amend sec. 5, page 4, line 22, by deleting “(m)” and inserting “(n)”.
Amend the bill as a whole by adding a new section designated sec. 10, following sec. 9, to read as follows:
“Sec. 10. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
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. 397.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 397:
Yeas—38.
Nays—None.
Excused—Carpenter, Evans, Giunchigliani, Nolan—4.
Senate Bill No. 397 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 287.
Bill read third time.
The following amendment was proposed by Assemblyman Goldwater:
Amendment No. 938.
Amend the title of the bill, second line, by deleting “an additional” and inserting “a”.
Amend the summary of the bill, first line, by deleting “additional”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 350.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 961.
Amend section 1, page 2, by deleting lines 12 through 15 and inserting:
“5. Except as otherwise provided in subsection 6, a colored reproduction or facsimile of the state seal may only be used if it is in substantially the
following colors:
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6. A person or entity that is granted permission to use the state seal pursuant to:
(a) Paragraph (a) of subsection 4 may use a reproduction or facsimile of the state seal that does not consist of the official colors provided in subsection 5 if the governor has authorized such use in the written permission.
(b) Paragraph (b), (c), (d) or (e) of subsection 4 may use a one-color, two-color or metallic reproduction or facsimile of the state seal in addition to or in lieu of the official colors provided in subsection 5.”.
Amend section 1, page 2, line 16, by deleting “6.” and inserting “7.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 683, 684 and 685.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 477.
The following Senate amendment was read:
Amendment No. 860.
Amend sec. 3, page 3, line 13, by deleting “$5” and inserting “$2”.
Assemblywoman Buckley moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 477.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered transmitted to the Senate.
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 Nick Williams.
Assemblyman Perkins moved that the Assembly adjourn until Monday, May 17, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 9:50 a.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Jacqueline Sneddon