THE ONE HUNDRED AND EIGHTH DAY
Carson City (Wednesday), May 19, 1999
Assembly called to order at 11:30 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Evans, who was excused.
Prayer by the Chaplain, Father Jerry Hanley.
Lord our God, Through the years, many have come and gone in this Assembly, including those You have taken to Yourself. Nevada has remained and still beckons its leaders far beyond themselves in our bounty and our needs. This is a special time and place. Your grace and presence makes what we do possible. Bless this Assembly and their families. Let what they do be what we will celebrate in the future as we remember them. 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. 74, 132, 133, 417, 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 Government Affairs, to which was referred Senate Bill No. 144, 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 Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 396, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 17, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 334.
Mary Jo Mongelli
Senate Chamber, Carson City, May 18, 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. 219, 282, 329, 339, 350, 358, 481.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 59, Amendment No. 733; Assembly Bill No. 71, Amendments Nos. 900 and 1009; Assembly Bill No. 159, Amendment No. 158; Assembly Bill No. 503, Amendment No. 888; Assembly Bill No. 520, Amendment No. 851; Assembly Bill No. 539, Amendment No. 881; Assembly Bill No. 636, Amendment No. 875; Assembly Bill No. 641, Amendment No. 850; Assembly Bill No. 677, Amendment No. 887, 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. 732 to Senate Bill No. 111; Assembly Amendment No. 863 to Senate Bill No. 148; Assembly Amendment No. 869 to Senate Bill No. 291; Assembly Amendment No. 890 to Senate Bill No. 314; Assembly Amendment No. 864 to Senate Bill No. 346; Assembly Amendment No. 865 to Senate Bill No. 395; Assembly Amendment No. 790 to Senate Bill No. 512; Assembly Amendment No. 771 to Senate Bill No. 515.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 862 to Senate Bill No. 30; Assembly Amendment No. 767 to Senate Bill No. 242.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 74, 132, 133, 144, 396 and 417 be placed on the Second Reading File.
Motion carried.
Assemblyman Perkins moved that the reading of the history of Senate Bills on Second Reading and General File be dispensed with for this legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Joint Resolution No. 26.
Resolution read second time and ordered to third reading.
Senate Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 740.
Amend section 1, page 2, line 8, by deleting “Any” and inserting:
“[Any] Except as otherwise provided in this paragraph, any”.
Amend section 1, page 2, line 12, after “earlier.” by inserting:
“The provisions of this paragraph do not apply to a claim for workers’ compensation that is reopened pursuant to the provisions of NRS 616C.390.”.
Amend sec. 2, page 2, lines 41 and 42, by deleting:
“benefits under a policy of industrial insurance;” and inserting:
“workers’ compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;”.
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. 132.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 936.
Amend sec. 3, page 2, line 4, after “or” by inserting:
“a salaried or volunteer”.
Amend sec. 4, page 2, line 42, after “or” by inserting:
“a salaried or volunteer”.
Amend sec. 5, page 3, line 13, after “or” by inserting:
“a salaried or volunteer”.
Amend sec. 5, page 3, line 21, after “or” by inserting:
“a salaried or volunteer”.
Amend sec. 5, page 3, line 28, after “or” by inserting:
“a former salaried or volunteer”.
Amend sec. 5, page 3, line 34, after “or” by inserting:
“a salaried or volunteer”.
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. 133.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 978.
Amend sec. 2, page 1, line 4, by deleting “provides:” and inserting:
“provides, for a specified period:”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. NRS 616A.230 is hereby amended to read as follows:
616A.230 “Employer” means:
1. The state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
5. Except as otherwise provided in section 9 of this act, an owner or principal contractor who establishes and administers a consolidated insurance program pursuant to section 8 of this act, with respect to the employees covered under that consolidated insurance program.”.
Amend sec. 13, pages 4 and 5, by deleting lines 41 through 43 on page 4 and line 1 on page 5, and inserting:
“3. The owner or principal contractor of the construction project shall hire or contract with two persons to serve as the”.
Amend sec. 13, page 5, by deleting line 3 and inserting:
“project. The primary and alternate coordinators for safety must:”.
Amend sec. 13, page 5, line 4, by deleting “commissioner” and inserting “administrator”.
Amend sec. 13, page 5, by deleting lines 8 through 11 and inserting:
“(1) Board of Certified Safety Professionals; or
(2) Insurance Institute of America; or”.
Amend sec. 13, page 5, line 14, by deleting “commissioner” and inserting “administrator”.
Amend sec. 13, page 5, by deleting lines 18 through 20 and inserting:
“(a) Must not serve as coordinators for safety for another construction”.
Amend sec. 13, page 5, line 22, by deleting “(c)” and inserting “(b)”.
Amend sec. 13, page 5, line 25, by deleting “(d)” and inserting “(c)”.
Amend sec. 13, page 5, by deleting lines 32 through 35 and inserting:
“6. The owner or principal contractor of the construction project shall ensure that the primary or alternate”.
Amend sec. 14, page 6, by deleting lines 4 through 7 and inserting:
“2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the”.
Amend sec. 14, page 6, line 9, by deleting:
“A person so appointed” and inserting:
“Such a person”.
Amend sec. 14, page 6, line 13, by deleting “appointed” and inserting:
“hired or with whom the owner or principal contractor contracts”.
Amend sec. 14, page 6, line 27, by deleting “and”.
Amend sec. 14, page 6, line 29, by deleting “project.” and inserting “project; and”.
Amend sec. 14, page 6, between lines 29 and 30, by inserting:
“(e) Hire or contract with such assistant administrators as may be necessary to carry out his responsibilities pursuant to this section.”.
Amend sec. 14, page 6, by deleting lines 30 through 34 and inserting:
“4. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically”.
Amend the bill as a whole by deleting sec. 15 and adding:
“Sec. 15. (Deleted by amendment.)”.
Amend sec. 16, page 7, by deleting lines 28 through 31 and inserting:
“4. The owner or principal contractor of a construction project shall, unless the contractor or subcontractor has”.
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. 144.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 919.
Amend sec. 14, page 2, line 39, by deleting “If:” and inserting:
“Except with respect to any payment withheld pursuant to section 15 of this act, if:”.
Amend sec. 14, page 3, by deleting lines 5 through 7 and inserting:
“the public body shall pay or cause to be paid to the contractor any outstanding payment due, including, without limitation, retainage, and any interest accrued”.
Amend sec. 15, page 3, by deleting line 12 and inserting:
“Sec. 15. 1. A”.
Amend sec. 27.5, page 9, by deleting lines 14 and 15 and inserting:
“failed to perform a duty to:
(a) Make a payment;
(b) Provide written notice of any withholding; or
(c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed,
pursuant to one or more of the provisions of NRS 338.160 or sections 14 to 19, inclusive, of this act in a timely manner may apply to the district court of the county in which the public”.
Amend sec. 27.5, page 9, by deleting lines 18 through 29 and inserting:
“perform the duty required pursuant to such a provision.”.
Amend sec. 27.5, page 9, line 30, by deleting “3.” and inserting “2.”.
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. 396.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 934.
Amend sec. 3, page 2, by deleting lines 9 through 12 and inserting:
“(a) Interfere with;
(b) Beat, harass or intimidate; or
(c) Kill,
a guide dog, hearing dog, helping dog or other service animal.”.
Amend sec. 3, page 2, by deleting lines 17 and 18 and inserting:
“(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 5, page 2, by deleting lines 38 through 40 and inserting:
“Sec. 5. Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. A person shall not willfully and maliciously:”.
Amend the bill as a whole by renumbering sections 6 through 10 as sections 8 through 12 and adding a new section designated sec. 7, following sec. 5, to read as follows:
“Sec. 7. 1. A person shall not:
(a) Willfully, unjustifiably and maliciously tamper or interfere with;
(b) Willfully and unjustifiably abuse or injure, or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of abusing or injuring; or
(c) Willfully and unjustifiably kill or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of killing,
a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined.
2. A person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 6, page 3, line 23, by deleting “section 5” and inserting:
“sections 6 and 7”.
Amend sec. 8, page 6, between lines 4 and 5, by inserting:
“5. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.”.
Amend the title of the bill, third line, after “penalties;” by inserting:
“providing certain exceptions with respect to rodeos, livestock shows and ranches;”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 417.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 979.
Amend section 1, page 1, by deleting line 3 and inserting:
““Appeals panel” means the appeals panel for industrial insurance”.
Amend the bill as a whole by deleting sec. 3 and adding:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 5, page 2, line 40, by deleting “board” and inserting “panel”.
Amend sec. 5, page 2, line 41, by deleting “board” and inserting “panel”.
Amend sec. 5, page 3, line 28, by deleting “boards” and inserting “panels”.
Amend sec. 5, page 3, line 30, by deleting “board,” and inserting “panel,”.
Amend sec. 5, page 3, line 35, by deleting “board” and inserting “panel”.
Amend sec. 5, page 4, line 4, by deleting “3” and inserting “2”.
Amend sec. 5, page 4, line 6, by deleting “board” and inserting “panel”.
Amend sec. 6, page 4, line 12, by deleting “board” and inserting “panel”.
Amend sec. 6, page 4, line 16, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 20, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 22, by deleting “board;” and inserting “panel;”.
Amend sec. 7, page 4, line 24, by deleting “board;” and inserting “panel;”.
Amend sec. 7, page 4, line 25, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 27, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 28, by deleting “board” and inserting “panel”.
Amend sec. 8, page 4, line 30, by deleting “board” and inserting “panel”.
Amend sec. 8, page 4, line 32, by deleting “board” and inserting “panel”.
Amend sec. 9, page 4, by deleting lines 35 through 40, and inserting:
“Sec. 9. 1. Each member of the appeals panel is entitled to receive, for his attendance at the meetings of the appeals panel, the per diem allowance and travel expenses provided for state officers and employees generally.
2. Expenses of the members of the appeals panel must be paid from assessments payable by each insurer pursuant to the formula filed with and approved by the commissioner pursuant to section 20.2 of this act.
3. As used in this section, “insurer” has the meaning ascribed to it in NRS 686B.1759.”.
Amend sec. 10, page 5, line 7, by deleting “board.” and inserting “panel.”.
Amend sec. 10, page 5, line 13, by deleting “board.” and inserting “panel.”.
Amend sec. 11, page 5, line 16, by deleting “board” and inserting “panel”.
Amend sec. 11, page 5, line 18, by deleting “board” and inserting “panel”.
Amend sec. 12, page 5, line 26, by deleting “board” and inserting “panel”.
Amend sec. 13, page 5, line 32, by deleting “board” and inserting “panel”.
Amend sec. 14, page 5, line 36, by deleting “board” and inserting “panel”.
Amend sec. 14, page 5, line 39, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 1, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 6, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 9, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 13, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 16, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 21, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 23, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 27, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 36, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 38, by deleting “board.” and inserting “panel.”.
Amend the bill as a whole by deleting sec. 19 and adding:
“Sec. 19. (Deleted by amendment.)”.
Amend sec. 20, page 8, line 33, by deleting “board” and inserting “panel”.
Amend the bill as a whole by adding new sections designated sections 20.2 and 20.4, following sec. 20, to read as follows:
“Sec. 20.2. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The advisory organization shall, at least 60 days before imposing an assessment pursuant to this section, file with the commissioner a formula for an assessment on all insurers, which results in an equitable distribution among all insurers, of:
(a) The costs of paying the expenses of the members of the appeals panel for industrial insurance pursuant to the provisions of section 9 of this act; and
(b) Any costs incurred by the advisory organization to administer the appeals panel for industrial insurance pursuant to the provisions of sections 5 to 17, inclusive, of this act.
2. The formula for the assessment filed pursuant to subsection 1 shall be deemed approved unless it is disapproved by the commissioner within 60 days after it is filed.
Sec. 20.4. NRS 686B.1751 is hereby amended to read as follows:
686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and section 20.2 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, have the meanings ascribed to them in those sections.”.
Amend sec. 22, page 9, by deleting lines 17 through 19 and inserting:
“section 5 of this act and the members described in paragraphs (a), (b), (d), (e) and (f) of subsection 1 of section 5 of this act to terms that expire on June 30, 2001.”.
Amend sec. 23, page 9, by deleting line 22 and inserting:
“2. Section 21 becomes effective at 12:01 a.m. on July 1, 1999.
3. The provisions of this act expire by limitation on July 1, 2001.”.
Amend the title of bill, first line, by deleting “board” and inserting “panel”.
Amend the summary of the bill, first line, by deleting “board” and inserting “panel”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Joint Resolution No. 25, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Ways and Means.
Vivian L. Freeman, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Freeman moved that Senate Bill No. 469 be re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 320.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 320:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Bill No. 320 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 663.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 663:
Yeas—38.
Nays—Bache. Freeman, Giunchigliani—3.
Excused—Evans.
Assembly Bill No. 663 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 24.
Resolution read third time.
Remarks by Assemblywomen Freeman and Ohrenschall.
Roll call on Assembly Joint Resolution No. 24:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Joint Resolution No. 24 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 10.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 10:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 21.
Bill read third time.
Remarks by Assemblywomen Koivisto, Buckley and Giunchigliani.
Roll call on Senate Bill No. 21:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 21 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 39.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 39:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 39 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 50.
Bill read third time.
Remarks by Assemblymen Williams and Giunchigliani.
Potential conflict of interest declared by Assemblymen Giunchigliani, Parnell, Bache and Anderson.
Roll call on Senate Bill No. 50:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 50 having received a constitutional majority, Mr. Speaker declared it passed.
Senate Bill No. 51.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Senate Bill No. 51:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 51 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 61.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Senate Bill No. 61:
Yeas—39.
Nays—Angle, Gustavson—2.
Excused—Evans.
Senate Bill No. 61 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Senate Bill No. 152 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 125 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 437 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 117.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 117:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 117 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 168.
Bill read third time.
Remarks by Assemblywoman Parnell.
Roll call on Senate Bill No. 168:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 168 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 211.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Bill No. 211:
Yeas—39.
Nays—Angle, Gustavson—2.
Excused—Evans.
Senate Bill No. 211 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 215.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 215:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 215 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 235.
Bill read third time.
Remarks by Assemblymen McClain, Giunchigliani, Chowning, Carpenter and Gustavson.
Roll call on Senate Bill No. 235:
Yeas—35.
Nays—Carpenter, Dini, Gibbons, Humke, Koivisto, Parnell—6.
Excused—Evans.
Senate Bill No. 235 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 244.
Bill read third time.
Remarks by Assemblymen Goldwater and Ohrenschall.
Conflict of interest declared by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 244:
Yeas—40.
Nays—None.
Not Voting—Ohrenschall.
Excused—Evans.
Senate Bill No. 244 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 259.
Bill read third time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1060.
Amend sec. 6, page 8, line 37, by deleting “The” and inserting:
“[The]In addition to the appointments made pursuant to subsection 3, the”.
Amend sec. 6, page 8, line 41, by deleting “Two” and inserting:
“At least two”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 273.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 273:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 273 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 289.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Senate Bill No. 289:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 289 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 300.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 300:
Yeas—39.
Nays—Anderson, Arberry—2.
Excused—Evans.
Senate Bill No. 300 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 310.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Senate Bill No. 310:
Yeas—37.
Nays—Buckley, Gustavson—2.
Not Voting—Angle, Neighbors—2.
Excused—Evans.
Senate Bill No. 310 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 381.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Senate Bill No. 381:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 381 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 394.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 394:
Yeas—40.
Nays—Gibbons.
Excused—Evans.
Senate Bill No. 394 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 435.
Bill read third time.
Remarks by Assemblymen Cegavske, Giunchigliani and Williams.
Assemblyman Williams moved that Senate Bill No. 435 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Williams.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 451 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Transportation, to which were referred Senate Bills Nos. 338, 442, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which were referred Senate Bills Nos. 80, 203, 387, 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 Transportation, to which was referred Senate Bill No. 372, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
general file and third reading
Senate Bill No. 445.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Senate Bill No. 445:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 445 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 457.
Bill read third time.
Remarks by Assemblymen Bache, Tiffany and Cegavske.
Roll call on Senate Bill No. 457:
Yeas—14.
Nays—Anderson, Angle, Beers, Berman, Brower, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Lee, Marvel, McClain, Neighbors, Nolan, Ohrenschall, Perkins, Price, Tiffany, Von Tobel—27.
Excused—Evans.
Senate Bill No. 457 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Collins gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 457 was this day refused passage.
general file and third reading
Senate Bill No. 537.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 537:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 537 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 3.
Resolution read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Joint Resolution No. 3:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Joint Resolution No. 3 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 437.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Senate Bill No. 437:
Yeas—40.
Nays—Gibbons.
Excused—Evans.
Senate Bill No. 437 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 451.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Senate Bill No. 451:
Yeas—38.
Nays—Angle, Gibbons—2.
Not Voting—Collins.
Excused—Evans.
Senate Bill No. 451 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Joint Resolution No. 25; Senate Bills Nos. 80, 203, 338, 372, 387 and 442 be placed on the Second Reading File.
Motion carried.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 295.
The following Senate amendment was read:
Amendment No. 765.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. 1. This section and sections 1 and 3 of this act become effective on October 1, 1999.
2. Section 2 of this act becomes effective at 12:01 a.m. on May 1, 2013.
3. Section 1 of this act expires by limitation on May 1, 2013.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 295.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Assembly Concurrent Resolution No. 25.
The following Senate amendment was read:
Amendment No 834
Amend the resolution, page 2, line 2, by deleting “shall” and inserting “may”.
Amend the resolution, page 2, line 4, by deleting “shall” and inserting “may”.
Amend the resolution, page 2, line 27, by deleting “shall,” and inserting “may,”.
Amend the resolution, page 2, line 34, by deleting “shall” and inserting “may”.
Amend the resolution, page 3, line 1, by deleting “shall” and inserting “may”.
Amend the title of the resolution, first line, by deleting “Directing” and inserting “Authorizing”.
Amend the summary of the resolution, first line, by deleting “Directs” and inserting “Authorizes”.
Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Concurrent Resolution No. 25.
Remarks by Assemblyman Williams.
Motion carried.
Resolution ordered enrolled.
SECOND READING AND AMENDMENT
Assembly Joint Resolution No. 25.
Resolution read second time and ordered to third reading.
Senate Bill No. 80.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 988.
Amend section 1, page 1, by deleting lines 5 through 7 and inserting:
“(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]
(c) If the zone is designated by an operational speed limit beacon,”.
Amend section 1, page 1, line 11, by deleting “(c)” and inserting “(d)”.
Amend section 1, page 1, line 12, by deleting “hours” and inserting “times”.
Amend section 1, page 2, by deleting lines 2 through 4 and inserting:
“(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]
(c) If the zone is designated by an operational speed limit beacon,”.
Amend section 1, page 2, line 8, by deleting “(c)” and inserting “(d)”.
Amend section 1, page 2, line 9, by deleting “hours” and inserting “times”.
Amend section 1, page 2, by deleting lines 20 through 30 and inserting:
“effect or that the speed limit is in effect when children are present.
5. With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his designee, in conjunction with the department of transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 268.425 is hereby amended to read as follows:
268.425 The city council or other governing body of each incorporated city, whether incorporated by general or special act, shall cause to be displayed, in each school zone and school crossing zone where the city has posted a speed limit, signs or other devices designating the [hours of the day or night or both]times during which the speed limit in the zone is to apply.
Sec. 3. NRS 269.185 is hereby amended to read as follows:
269.185 1. In addition to the powers and jurisdiction conferred upon the town boards or boards of county commissioners by this chapter, such boards may:
(a) Regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.
(b) Regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.
(c) Pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction conferred by this section.
2. The town board or board of county commissioners shall cause to be displayed, in each school zone and school crossing zone where the county has posted a speed limit, signs or other devices designating the [hours of the day or night or both]times during which the speed limit in the zone is to apply.”.
Amend the title of the bill to read as follows:
“AN ACT relating to traffic laws; requiring that the signs designating the speed limit in a school zone or school crossing zone indicate the times during which the speed limit is in effect; providing for the designation of such times; and providing other matters properly relating thereto.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Bache and Collins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 203.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 977.
Amend section 1, page 2, by deleting line 16 and inserting:
“passport issued by a foreign government.”.
Amend sec. 2, page 3, line 10, by deleting “or”.
Amend sec. 2, page 3, by deleting lines 12 and 13 and inserting:
“Columbia; or
(4) Passport [.] issued by the United States Government.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 338.
Bill read second time and ordered to third reading.
Senate Bill No. 372.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 976.
Amend sec. 17, page 9, line 36, by deleting the brackets and strike-through.
Amend sec. 17, page 9, line 39, by deleting the brackets and strike-through.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 387.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 989.
Amend section 1, page 2, line 6, by deleting “If” and inserting:
“Except as otherwise provided in this subsection, if”.
Amend section 1, page 2, line 11, by deleting “another” and inserting “one other”.
Amend section 1, page 2, line 12, after “area.” by inserting:
“An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.”.
Amend sec. 2, page 2, by deleting line 16 and inserting:
“operator of a tow car who:
(a) Is eligible pursuant to NRS 706.4485 to be included on the list; and
(b) Was included on the list on June 30, 1998, and”.
Amend sec. 2, page 2, by deleting line 18 and inserting:
“solely on the ground that the operator was insured under the same policy of insurance as one other operator of a tow car who was included on the list and operated in the same geographical area.”.
Amend sec. 2, page 2, by deleting line 22 and inserting:
“list pursuant to NRS 706.4485.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Bache and Collins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 442.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the vote whereby Assembly Bill No. 552 was passed be rescinded.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 552 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Perkins.
Motion carried.
Mr. Speaker announced the appointment of Assemblywoman Leslie as a substitute for Assemblywoman Evans to the Committee on Ways and Means.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 204, 241, 252, 253, 296, 397, 423, 467, 469, 490, 626, 627, 645; Assembly Resolution No. 8; Senate Bills Nos. 49, 111, 148, 182, 190, 284, 291, 314, 346, 349, 383, 395, 419, 424, 440, 455, 512, 515, 522, 523.
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 Scott Reed.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Lindsey Albright, Malisa Anderson, Jeff Baughn, Brandi Bernard, Darren Brady, P.J. Burt, Jay Calebaugh, Amand Camp, Alex Dawers, Dick Estes, K.J. Felix, Trever Fretis, Travis Goklude, Jay Hamlett, Courtney Hardt, Zack Hickman, Jack Hotho, Felicia Imelli, Mary Lesiak, Kristen Lombard, Jack Maloney, Lawen Martin, Stephanie Maynes, Jessica Nunez, Pat Olson, Scott Paine, Tyler Saunders, David Strugess, Marlena Aguilar, Megan Williamson, Justin Bonesteel, Glenn Coleman, Renee Cote, Alanna Crank, Steve Done, Katie Ezell, Dana Gaworski, John Hefner, Sarah Hitchcock, Doug Lay, Courtney Lenhart, Meghan Lochridge, Stacey Lochridge, Katie McNeill, Steve Minifie, Liz Preston, Josh Sellers, Patricia Smith, Patrick Smith, Brittney Tom, Nina Vigen, Lyndon Jacobsen, Susan Moore and Joe Frock.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Gallagher Hess.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, May 20, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 1:16 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon