THE ELEVENTH DAY
Carson City (Thursday) February 15, 2001
Assembly called to order at 11:14 a.m.
Mr. Speaker pro Tempore presiding.
Roll called.
All present except Assemblymen Arberry, Berman, Buckley, Goldwater, Ohrenschall and Perkins, who were excused.
Prayer by the Chaplain, Reverend Richard Campbell.
Almighty and Eternal God, it is with thanksgiving that we enter Your presence this morning. Accept our prayer and hear our petitions. You are infinite in wisdom: grant us insight. Unfailing in love: grant us charity toward others. Willing to listen: let us speak wisely. Help this Assembly to deliberate wisely, to keep the needs of the people central in their thoughts and the welfare of the nation in their concerns. We pray for all those who need Your help in special ways: those who are ill, those who are refugees, the poor, the hungry, the distressed. O God, You know their needs better than we do. Grant Your blessing. Especially we pray for these, Your servants, as they meet today to do the work of the people. May Your Name be glorified this day.
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 Commerce and Labor, to which were referred Assembly Bills Nos. 32, 78, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 98, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 33, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Perkins, Gibbons, Berman, Von Tobel, Manendo, Anderson, Angle, Arberry, Bache, Beers, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Smith, Tiffany and Williams; Senators Raggio, Porter, Washington, Rawson, Townsend, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Rhoads, Schneider, Shaffer, Titus and Wiener:
Assembly Joint Resolution No. 2—Urging Congress to refrain from enacting any measure to repeal ability of Nevada to license and regulate sports wagering in its current form.
Assemblyman Parks moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 3—Proposing to amend the Constitution of the State of Nevada to revise provisions governing the right to vote.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 1 of article 2 of the Constitution of the State of Nevada be amended to read as follows:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no [idiot or insane] person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.
Assemblyman Parks moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:21 a.m.
ASSEMBLY IN SESSION
At 11:27 a.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Assemblyman Parks moved that the action whereby Assembly Joint Resolution No. 2 was referred to the Committee on Elections, Procedures, and Ethics be rescinded.
Motion carried.
Assemblyman Parks moved that Assembly Joint Resolution No. 2 be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 4—Providing for the appointment of additional attachés.
Resolved by the Assembly of the State of Nevada, That Jamie D. Schocko and Cheryl A. O’Day are elected as additional attachés of the Assembly for the 71st session of the Legislature of the State of Nevada.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted unanimously.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Education:
Assembly Bill No. 142—AN ACT relating to educational personnel; requiring the superintendent of public instruction, in certain circumstances, to waive the passing scores otherwise required on examinations for the initial licensure of teachers and other educational personnel; and providing other matters properly relating thereto.
Assemblywoman Parnell moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 143—AN ACT making an appropriation to the University and Community College System of Nevada for the construction of a community college in Pahrump; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 144—AN ACT relating to elections; changing the dates during which a person who wishes to be a candidate for a judicial office must file his declaration of candidacy; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblyman Brower; Senator Jacobsen:
Assembly Bill No. 145—AN ACT relating to the program for millennium scholarships; expanding the program to provide for the disbursement of scholarships to students of certain additional colleges and universities in this state; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Oceguera, Anderson, Buckley, Perkins, Arberry, Bache, Brown, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Gibbons, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, McClain, Nolan, Parks, Price, Smith and Williams:
Assembly Bill No. 146—AN ACT making an appropriation to the University of Nevada, Las Vegas, for the establishment and operation of a center for the analysis of crime statistics within the Department of Criminal Justice at the University of Nevada, Las Vegas; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblymen Brower, Carpenter, Collins, Freeman, Gustavson and Parks; Senator Wiener:
Assembly Bill No. 147—AN ACT making an appropriation to the Department of Education for certain nonprofit public broadcasting stations that primarily serve educational, informational and cultural needs of communities in Nevada; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Brower:
Assembly Bill No. 148—AN ACT relating to the judicial department; revising provisions to allow stays of court proceedings if a legislator was hired as an attorney before the start of a legislative session regardless of whether the legislator was hired before the action was commenced; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 149—AN ACT relating to apprenticeships; authorizing the state apprenticeship council to deny an application for approval or to suspend, terminate, cancel, place conditions upon or place on probation an approved program of apprenticeship based upon certain findings by the labor commissioner or the division of industrial relations of the department of business and industry; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 150—AN ACT relating to industrial insurance; establishing a deemed wage for certain trainees for the purpose of industrial insurance; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 151—AN ACT relating to trade practices; requiring the attorney general to provide opinions for the consumer affairs division of the department of business and industry concerning certain questions relating to solicitation by telephone; requiring the commissioner of consumer affairs to make certain determinations concerning such solicitation; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 152—AN ACT relating to deceptive trade practices; authorizing a court to award reasonable attorney’s fees and costs in certain actions relating to those practices; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 153—AN ACT relating to real estate; clarifying that an appraiser who completes a statement of visual condition that is required for a federally insured home loan is acting within the scope of his practice as an appraiser and is not subject to the provisions governing inspectors of structures; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 154—AN ACT relating to business practices; requiring the certificate that a person who conducts business in this state under an assumed or fictitious name is required to file with the county clerk to be notarized; providing for the renewal of such a certificate; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 155—AN ACT relating to public works; revising the provisions governing the substitution of a subcontractor who is named in a bid for a public work or improvement; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 156—AN ACT relating to public works; increasing the monetary limitation on the cost of public works projects used to determine the application of certain requirements concerning the payment of the prevailing rate of wages; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Parks:
Assembly Bill No. 157—AN ACT relating to consumer reports; prohibiting reporting agencies from imposing a charge to provide consumer reports and related information under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Parks:
Assembly Bill No. 158—AN ACT relating to taxation; increasing the mandatory tax on the rental of transient lodging; providing for the use of the additional revenue for artistic and cultural programs; creating the account for artistic and cultural programs; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Price:
Assembly Bill No. 159—AN ACT relating to crimes; requiring gaming establishments to designate smoking and nonsmoking areas for each eating and gaming area; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 160—AN ACT relating to insurance; clarifying that a sole proprietor is not required to obtain industrial insurance or coverage for occupational diseases before performing work under a contract with the state or a political subdivision of the state or a metropolitan police department under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Parks, de Braga, Koivisto, Price, Bache, Anderson, Chowning, Collins, Giunchigliani, Lee, Leslie, Manendo, McClain, Neighbors, Nolan, Tiffany and Williams:
Assembly Bill No. 161—AN ACT relating to elections; extending the hours that polls are open for voting; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Brown, Oceguera, Cegavske, Angle, Bache, Brower, Carpenter, Lee, Marvel, Mortenson and Von Tobel; Senators Rawson, Porter and O'Connell:
Assembly Bill No. 162—AN ACT relating to crimes against property; revising the provisions governing actions which constitute theft to include the theft of parts, products or other items related to certain services and to include theft of gasoline or other fuel or automotive products; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Brown moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Freeman, Anderson, Gibbons, Humke, Leslie and Smith:
Assembly Bill No. 163—AN ACT relating to regional planning; authorizing a governing board for regional planning to enter certain cooperative and interlocal agreements; authorizing a governing board for regional planning and a regional planning commission jointly or separately to appoint subcommittees and advisory committees; authorizing a governing board for regional planning and a regional planning commission jointly or separately to appoint advisory committees to assist in the formulation and implementation of the comprehensive regional plan; authorizing a governing board for regional planning and a regional planning commission jointly or separately to appoint advisory committees for regional issues; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hettrick, Cegavske, Nolan, de Braga, Gibbons, Anderson, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Chowning, Claborn, Collins, Dini, Freeman, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Oceguera, Parks, Parnell, Perkins, Price and Von Tobel; Senators O'Connell, Raggio, Washington, Rawson, Porter, Amodei, Care, Coffin, Jacobsen, Mathews, McGinness, O'Donnell, Rhoads, Schneider and Townsend:
Assembly Bill No. 164—AN ACT relating to initiatives; revising the requirements for obtaining and removing signatures on a petition for initiative or referendum; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Brower and Freeman (by request):
Assembly Bill No. 165—AN ACT relating to state emblems; declaring “Silver State Fanfare” as the official state march of the State of Nevada; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Manendo, Anderson, Claborn, Gibbons, Buckley, Freeman, Koivisto, Lee, McClain, Mortenson, Parks, Price, Smith and Williams:
Assembly Bill No. 166—AN ACT relating to driving under the influence of alcohol or a controlled substance; reducing the concentration of alcohol that may be present in the blood or breath of a person while operating a vehicle or vessel; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblymen Manendo, Buckley, Bache, McClain, Williams, Anderson, Berman, Carpenter, Claborn, Collins, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Neighbors, Nolan, Oceguera, Parks, Parnell, Price and Smith:
Assembly Bill No. 167—AN ACT relating to domestic relations; requiring certain judicial districts to adopt rules establishing an educational seminar for separating parents who are parties in domestic relations matters involving children; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Angle, Price, Brown, Buckley, Gibbons, Gustavson, Humke, Lee, Manendo, Neighbors, Smith and Von Tobel:
Assembly Bill No. 168—AN ACT relating to crimes; prohibiting smoking in all public areas of a store principally devoted to the sale of food for human consumption off the premises of the store; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Angle, Brown, Carpenter, Claborn, Collins, Gustavson, Hettrick, Humke, Lee, Manendo, Price and Von Tobel:
Assembly Bill No. 169—AN ACT relating to public health; requiring information regarding the scientifically reported link between an induced abortion and an increased rate of breast cancer to be provided to each woman considering an abortion; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 170—AN ACT making an appropriation to the City of Las Vegas for funding of the activities of the California-Nevada Super Speed Ground Transportation Commission; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Chowning, Parks, Dini, Freeman, Cegavske, Anderson, Beers, Brower, Claborn, Collins, de Braga, Gibbons, Hettrick, Humke, Koivisto, Lee, Manendo, Marvel, McClain, Mortenson, Nolan, Oceguera, Parnell, Price, Smith, Von Tobel and Williams:
Assembly Bill No. 171—AN ACT relating to motor vehicles; requiring that a statement of charges be presented to a person requesting the repair of a motor vehicle; removing certain exemptions from the provisions governing garages and garagemen; providing under certain circumstances for the waiver of the registration fee to operate a garage; providing under certain circumstances for the revocation of a certificate of registration to operate a garage; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Angle, Berman, Carpenter, Claborn, Gustavson, Humke, Lee, Marvel, Mortenson, Tiffany and Von Tobel:
Assembly Bill No. 172—AN ACT relating to the state militia; eliminating certain qualifications for appointment to the office of adjutant general or assistant adjutant general; providing that civilian state employees of the office of the military must be directly supervised by certain persons; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Concurrent Resolution No. 4—Encouraging the purchase of local agricultural products.
Assemblyman de Braga moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 24.
Bill read second time and ordered to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Nolan, Chowning, de Braga, Freeman, Dini, Anderson, Angle, Arberry, Bache, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Claborn, Giunchigliani, Hettrick, Koivisto, Leslie, Manendo, Marvel, Oceguera, Parks, Price, Smith, Tiffany, Von Tobel and Williams:
Assembly Bill No. 173—AN ACT relating to emergency medical services; expanding the circumstances under which treatment may be withheld from a patient in a terminal condition who wishes not to be resuscitated in the event of cardiac or respiratory arrest; and providing other matters properly relating thereto.
Assemblyman Nolan moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Nolan:
Assembly Bill No. 174—AN ACT relating to juvenile courts; establishing a program of visitation to the office of the county coroner; authorizing a juvenile court to order a child who is adjudicated delinquent to participate in a program of visitation; making appropriations; and providing other matters properly relating thereto.
Assemblyman Nolan moved that the bill be referred to the Committee on Judiciary.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Michael J. Franzoia.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Ron Bushey and Andy Hettrick.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Cynthia L. Glickman.
Assemblyman Parks moved that the Assembly adjourn until Friday, February 16, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:58 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon