THE EIGHTH DAY

                               

 

 

Carson City (Monday) February 12, 2001

    Assembly called to order at 11:09 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Buckley, Carpenter and Ohrenschall, who were excused.

    Prayer by the Chaplain, Reverend Richard Campbell.

    Eternal and Ever Blessed God, You are known by many names throughout the world. Your goodness, might and power are felt by all Your children. We come before You this day with gratitude in our hearts for Your many blessings to us. We praise You for Your presence here and ask Your blessing upon this Assembly. Their tasks are enormous, give them strength; important, give them wisdom; humane, give them compassion. Grant them Your blessing and also bless our state and our nation now and in the future. We pray in Your Holy Name.

Amen.

    Pledge of allegiance to the Flag.

    Assemblyman Parks 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 Government Affairs, to which was referred Assembly Bill No. 9, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

INTRODUCTION, FIRST READING AND REFERENCE

    By Assemblymen Koivisto, McClain, Carpenter, Humke, Chowning, Anderson, Arberry, Berman, Buckley, Claborn, Collins, de Braga, Dini, Giunchigliani, Lee, Leslie, Manendo, Nolan, Oceguera, Parks and Smith:

    Assembly Bill No. 82—AN ACT relating to crimes; authorizing courts to defer and assess costs and fees for obtaining an order to protect a person from the crime of stalking, aggravated stalking and harassment against the adverse party; requiring the clerk of the court to provide information and assistance related to filing and responding to such an order; and providing other matters properly relating thereto.

    Assemblywoman Koivisto moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Transportation:

    Assembly Bill No. 83—AN ACT relating to vehicles; increasing the authorized weight limit for certain vehicles used for public mass transportation if the department of transportation determines that the vehicles are capable of being operated safely to provide public mass transportation; and providing other matters properly relating thereto.

    Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By the Committee on Natural Resources, Agriculture, and Mining:

    Assembly Bill No. 84—AN ACT relating to conservation districts; revising the period for filling a vacancy in the office of supervisor of a district; revising the powers of a district and the supervisors thereof; and providing other matters properly relating thereto.

    Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    By Assemblymen Mortenson, Perkins, Cegavske, Price, Parks, Berman, Chowning, Claborn, de Braga, Manendo, Smith and Von Tobel; Senators Rawson and Shaffer:

    Assembly Bill No. 85—AN ACT making an appropriation to The MacDonald Center for the Arts and Humanities, Inc., for the design and fabrication of exhibits for a mobile museum of ancient history and archeology that will travel to schools throughout the State of Nevada; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Transportation:

    Assembly Bill No. 86—AN ACT relating to highways; prohibiting the director of the department of transportation from retaining a portion of the contract price of, or requiring the furnishing of any bond in connection with, certain contracts awarded to railroad companies; providing an exception; and providing other matters properly relating thereto.

    Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 87—AN ACT relating to revenue bonds for industrial development; requiring that certain information, statements and records submitted by an obligor for the issuance of such bonds be kept confidential at the request of the obligor; providing that the director of the department of business and industry, the state board of finance and the governing bodies of certain counties and cities are not liable for damages caused by the unintentional, accidental or negligent disclosure of such information, statements and records; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Assemblymen Gustavson, Collins, Bache, Price, Angle, Beers, Berman, Brower, Carpenter, Cegavske, de Braga, Dini, Gibbons, Giunchigliani, Hettrick, Humke, Lee, Manendo, Marvel, Mortenson, Tiffany and Von Tobel; Senators O'Connell, Amodei, James, McGinness, Rhoads, Shaffer and Washington:

    Assembly Bill No. 88—AN ACT relating to motorcycles; limiting the requirement for protective headgear for drivers and passengers; and providing other matters properly relating thereto.

    Assemblyman Gustavson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 89—AN ACT relating to state employees; authorizing collective bargaining for certain state employees; creating a board for labor relations for state employees; providing for bargaining units and for their representation; establishing procedures for collective bargaining and for making, revising and amending collective bargaining agreements; prohibiting certain unfair labor practices; authorizing the superintendent of the state printing division of the department of administration to make certain labor agreements; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 90—AN ACT relating to state personnel; eliminating the limitation on the amount of unused sick leave that an employee in the public service is entitled to carry forward from year to year; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 91—AN ACT relating to the public utilities commission of Nevada; authorizing a fee for the filing of complaints by utilities and other entities regulated by the commission; prohibiting the assessment of such fees on other persons; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 92—AN ACT relating to counties; authorizing a county to exercise additional powers under certain circumstances; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 93—AN ACT relating to the City of North Las Vegas; authorizing the city council to appoint certain professional corporations, partnerships or limited-liability companies to perform the duties of the city attorney; requiring each attorney employed by or associated with such a corporation, partnership or limited-liability company to be a member of the State Bar of Nevada under certain circumstances; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 94—AN ACT relating to local governments; increasing the amount of certain fees certain officials of local governments are authorized to charge and collect; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 95—AN ACT relating to state personnel; establishing a uniform probationary period for certain state employees; revising provisions regarding the annual report on a permanent employee’s performance; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 96—AN ACT relating to the financial administration of local governments; authorizing additional types of investments by certain local governments; revising the authority of county treasurers to deposit county money in time accounts; revising the requirements for annual accountings by tax receivers to county auditors; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 97—AN ACT relating to water; authorizing a board of county commissioners or the governing body of an incorporated city to include in certain ordinances a provision that authorizes certain persons or governmental entities to make the prohibition against the wasteful use of water a condition of providing water service or to assess and collect a monetary penalty from customers or users under certain circumstances; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 98—AN ACT relating to county government; requiring a board of county commissioners to fix the terms of office of the chairman and vice chairman of the board of county commissioners; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 99—AN ACT relating to local governments; revising the dates on which certain special elections may be held; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 100—AN ACT relating to county government; authorizing a board of county commissioners to provide by ordinance for compensation of members of an advisory board; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.


    By the Committee on Government Affairs:

    Assembly Bill No. 101—AN ACT relating to cities; requiring the inclusion of certain portions of county roads, state highways and railroads in territory annexed by cities in larger counties; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 102—AN ACT relating to historic districts; revising the qualifications for membership on the Comstock historic district commission; and providing other matters properly relating thereto.

    Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 103—AN ACT relating to the judiciary; increasing the fee charged by a justice of the peace and municipal court judge for performing a marriage; imposing a fee to be charged by a justice of the peace and municipal court judge for renewing a civil judgment; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.

    Motion carried.

    By Assemblywoman Von Tobel:

    Assembly Bill No. 104—AN ACT relating to general improvement districts; establishing an exception to the provision which creates a lien on property to which services from certain general improvement districts are provided until fees are paid for such services; prohibiting the board of trustees of certain general improvement districts from requiring a guaranty from a landlord for the payment of services provided to a tenant; and providing other matters properly relating thereto.

    Assemblywoman Von Tobel moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 105—AN ACT relating to crimes; prohibiting possession of components for constructing an explosive or incendiary device with the intent to manufacture such a device; providing an enhanced penalty for possession, manufacture or disposal of an explosive or incendiary device in certain public places with the intent to destroy life or property; providing penalties; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 106—AN ACT relating to criminal judgments; increasing the amount that may be imposed by a court for a collection fee; authorizing certain governmental entities to recover the actual cost of using a collection agency to recover a delinquent fine, administrative assessment, fee or restitution; making various other changes concerning the collection of delinquent fines, administrative assessments, fees and restitution; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 107—AN ACT relating to crimes; clarifying that a person convicted of a battery that constitutes domestic violence within 7 years before or after the principal offense has committed a prior offense for the purposes of determining a penalty; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 108—AN ACT relating to county clerks; making various changes concerning the duties of county clerks with respect to grand juries; making various other changes concerning the duties of county clerks with respect to making certain reports; revising the amount of certain fees that are paid and collected by county clerks; providing a penalty; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 109—AN ACT relating to courts; increasing the number of district judges in the eighth judicial district; increasing the number of those district judges who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.

    Motion carried.


    By the Committee on Judiciary:

    Assembly Bill No. 110—AN ACT relating to juries; revising the provisions governing the summoning of jurors by a justice’s court in certain counties; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 111—AN ACT relating to older persons; authorizing a law enforcement agency to inspect certain records while investigating allegations of senior abuse under certain circumstances; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 112—AN ACT relating to criminal records; permitting law enforcement agencies to review certain criminal records to determine the suitability of an applicant for employment as a peace officer; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By Assemblymen Anderson, de Braga, Carpenter, Collins, Dini, Beers, Berman, Buckley, Claborn, Gibbons, Hettrick, Lee, Manendo, Marvel, McClain, Neighbors, Nolan, Smith and Von Tobel:

    Assembly Bill No. 113—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of rodeos, including support for the programs and activities of the Reno Rodeo Foundation and Nevada High School Rodeo Association or their successors; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    By the Committee on Ways and Means:

    Assembly Bill No. 114—AN ACT making an appropriation to Lander County for the design and construction of the Battle Mountain Industrial Park; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Ways and Means:

    Assembly Bill No. 115—AN ACT relating to the state department of agriculture; abolishing the apiary inspection account; creating the plant industry account; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Ways and Means:

    Assembly Bill No. 116—AN ACT making an appropriation to the City of Las Vegas for grants to support educational and recreational programs for children after the regularly scheduled school days and on weekends; and providing other matters properly relating thereto.

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

    Motion carried.

    By Assemblymen Goldwater, Beers, Buckley, Carpenter, Collins, Hettrick, Manendo, Marvel and Parks:

    Assembly Bill No. 117—AN ACT relating to administrative procedure affecting businesses; authorizing the Nevada tax commission to adopt regulations interpreting the provisions regarding rules adopted by local governments that affect businesses; requiring the Nevada tax commission to advise officers of local governments regarding such provisions; revising the definition of “rule”; and providing other matters properly relating thereto.

    Assemblyman Goldwater moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 1.

REMARKS FROM THE FLOOR

    Assemblyman Price requested that the following remarks be entered in the Journal:

    Assemblyman Nolan:

    At the very least…we should recognize this man, Ronald Reagan, as an American citizen who has lived nearly a century and whose 90th birthday was February 6, 2001;

    At the very least…We should recognize this man as a senior citizen who has succumbed to a broken hip, an injury which afflicts and incapacitates our nation’s parents and grandparents on an “hourly” basis, but even as he was in excruciating pain, had the presence of mind to be lighthearted with the paramedics treating him;

    At the very least…We should recognize this man as a brilliant, talented person who has a lifetime of extraordinary experiences and accomplishments and probably will not be able to, in the autumn of his life, remember or reflect upon these, let alone recognize the people who love him and who are closest to him because he suffers from Alzheimer’s…a disease which undoubtedly affects or will affect someone we love;

    At the very least…We should recognize this man as a person who, in the course of human history, has achieved what only a few amongst millions of people have achieved—becoming the leader of the greatest nation on the earth;

    At the very least…We should recognize this man as the 40th President of the United States of America—being elected by three fifths of the nation’s voters, winning the electoral votes of 49 states—a record that shows bipartisan popularity that has not been surpassed either before or since;

    At the very least…We should recognize this man as the one person who catalyzed the elimination of the immediate threat of nuclear holocaust to the world by communicating face-to-face with a communist ruler, Mikhail Gorbachev, in a way only he could, and by standing in front of the very icon for human rights indignation and deprivation and demanding to that same dictator,  “Mr. Gorbachev, tear down this wall!” And down it came;

    At the very least…We should recognize this man as a cancer survivor, being diagnosed not only once but twice with colon cancer and then prostate cancer and being among those few who survive these terrible diseases;

    At the very least…We should recognize this man as a man who made good on his God given ability to naturally express himself and make others laugh, by providing others enjoyment through lost mediums like “the squawk box,” “the tube,” “the silver screen,” and even the endangered species “the stage”—a gift, which later earned him worldwide and historic recognition as the “Great Communicator.”

    At the very least…We should recognize this man as a person who, like so many of our citizens, was the victim of violence, being gunned down on a public street, a bullet puncturing a lung and lodging within an inch of his heart. But even as dozens scurried to save his life, he had the uncommon ability to make light of the gravity of the moment by looking at the chief surgeon and saying, “Please tell me you’re a Republican.”

    At the very least…We should recognize this man as a husband to a wonderful and talented woman in her own right to who, even in the contemplation of worldwide disasters, wars and other overwhelming daily events, took the time to write romantic poetry, send flowers and publicly praise;

    At the very least…We should recognize this man as a little boy, who once only wanted to grow up to be a cowboy; and

    At the very least, We should recognize this man, Ronald Reagan, as a human being born to this earth with all the same human frailties and imperfections as are all of God’s children, but when he leaves this place he will leave it the same way he himself would ask of any of his fellow human beings, and that is to leave the world a better place than when he arrived.

    Assemblyman Brower:

    I remind this body that this is the birthday of our 16th president, Abraham Lincoln, who watches over this chamber every day. I thought I would share with the body a brief quote from the speech Abraham Lincoln made in 1860, which I think is appropriate to our efforts here. President Lincoln said, “Let us have the faith that right makes might, and in that faith let us to the end dare to do our duty, as we understand it.”

    Assemblywoman Gibbons:

    President Lincoln was very studious of the law though he did not go to law school; however, he did pass the bar exam for Illinois because they required someone to be of good character. I thought this was an interesting note to share with this body.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Dini the privilege of the floor of the Assembly Chamber for this day was extended to Brian Bradley and Crystal Smith.


    On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Latimer.

    On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Collins, Tom Collins III, Sara Collins and Emma Collins.

    On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Charles M. Whitmer, Donny Frey, Kati Robertson, Jessica McKay, Brian Santistevan, Joe Buffington, Andrea Paris and Norman Frey.

    On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Glen Schroder.

    On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Adam Cegavske.

    Assemblyman Parks moved that the Assembly adjourn until Tuesday, February 13, 2001 at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 11:42 a.m.

Approved:Richard D. Perkins

Speaker of the Assembly

Attest:                Jacqueline Sneddon

                    Chief Clerk of the Assembly