THE TWENTY-SECOND DAY
Carson City (Monday), February 26, 2001
Assembly called to order at 11:07 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Ohrenschall, who was excused.
Prayer by the Chaplain, Pastor Patrick Hardy.
Almighty God, we start another week of our work as the people’s Assembly. Help us to know that You have plans for us and the power to make them happen. Give these assemblymen, our state’s executives and our state workers a knowledge of Your will for Nevada. Let them remember that they serve a public trust beyond personal gain or glory. May they see that no community, no state, and no nation lives for itself alone but is responsible to You for peace and for the well-being of all Your children. In Your Gracious Name we pray.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley 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 Judiciary, to which were referred Assembly Bills Nos. 38, 41, 82, 108, 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
COMMUNICATIONS
American Legion Capitol Post #4
Tim Tetz, Commander
16 Arizona Circle
Carson City, NV 89701
February 22, 2001
Assemblyman Richard Perkins, Speaker,Nevada State Assembly, Legislative Building,
401 South Carson Street, Carson City, Nevada 89701-4747
Assemblyman Perkins:
On behalf of American Legion Capitol Post #4 and the Department of Nevada, I am pleased to let you know that National Commander Ray Smith will be in Carson City on Tuesday, April 13, 2001.
In past sessions, under the management of Archie Pozzi, Jr. it has been tradition for the Department Commander to make a presentation to the Legislature. This year, we would like to seek your support for an address by the National Commander before a joint recess at 5:00 p.m. on April 3, 2001.
Due to our need to coordinate his busy travel schedule, your prompt attention to this matter would be greatly appreciated. If I can be of any assistance in facilitating this matter, please don’t hesitate to call me.
Respectfully,
Tim Tetz, Commander
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 5—Providing for the appointment of an additional attaché.
Resolved by the Assembly of the State of Nevada, That Sandra Albrecht-Johnson is elected as an additional attaché of the Assembly for the 71st session of the Legislature of the State of Nevada.
Assembywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted unanimously.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Mortenson, de Braga, Chowning and McClain; Senators Rawson and Rhoads:
Assembly Bill No. 230—AN ACT relating to cultural resources; requiring the administrator of the office of historic preservation of the department of museums, library and arts to establish a stewardship program for the protection of cultural resources; requiring the administrator to establish an advisory commission for certain purposes; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Mortenson and Bache; Senator Rawson:
Assembly Bill No. 231—AN ACT relating to water; extending the statutory protection of domestic wells from impairment for other uses and for the redress of impairment to counties with larger populations; requiring certain minimum financial assistance to be offered to certain persons before the state engineer may take various actions concerning certain wells; removing the prospective repeal of certain provisions that limit the circumstances under which the state engineer may take various actions concerning certain wells; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Concurrent Committees on Government Affairs and Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 232—AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; 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. 233—AN ACT making a supplemental appropriation to the Department of Administration for an estimated shortfall in the Integrated Financial System resulting from certain required accounting changes; 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. 234—AN ACT making supplemental appropriations to the Department of Motor Vehicles and Public Safety for shortfalls in the Division of Parole and Probation and Central Services, Management Services and Field Services; 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. 235—AN ACT making a supplemental appropriation to the Department of Business and Industry for an unanticipated shortfall in the money budgeted for salaries for personnel in the Nevada Athletic Commission’s Amateur Boxing Program; 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. 236—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the funding of shortfalls resulting from the 1998 reclassification of personnel; 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. 237—AN ACT making a supplemental appropriation to the District Judges’ Salaries and Judicial Pensions Fund for a shortfall in the money budgeted for retirement benefits and pensions for District Judges and widows; 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 Assemblyman Brower; Senator Washington:
Assembly Bill No. 238—AN ACT relating to taxation; exempting from property taxes certain property that is owned by or leased or rented to a charter school; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Taxation.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:19 a.m.
ASSEMBLY IN SESSION
At 11:20 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Brower withdrew the motion that the bill be referred to the Committee on Taxation.
Assemblyman Brower moved that the bill be referred to the Concurrent Committees on Education and Taxation.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 239—AN ACT relating to fees in civil actions; authorizing a board of county commissioners to impose an additional fee for the filing of certain actions and responses thereto in district courts and justices’ courts to offset a portion of the costs of providing legal services without a charge to abused or neglected children, victims of domestic violence and other needy persons; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Angle, Price, Gibbons, Hettrick, Humke, Tiffany and Von Tobel:
Assembly Bill No. 240—AN ACT relating to the practice of law; revising the provisions governing the unauthorized practice of law; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Angle:
Assembly Bill No. 241—AN ACT relating to prisons; requiring the Director of the Department of Prisons to establish a pilot program to improve the literacy of offenders; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblymen Marvel and Chowning:
Assembly Bill No. 242—AN ACT relating to motor vehicles; requiring an instructor for a school for training drivers who provides instruction solely to applicants for commercial drivers’ licenses to have a high school diploma or its equivalent or to complete certain experience; providing that such an instructor is not required to complete requirements for continuing education; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Dini, de Braga, Marvel, Carpenter, Neighbors, Goldwater and Hettrick:
Assembly Bill No. 243—AN ACT relating to taxation; providing an exemption from certain sales and use taxes for farm machinery and equipment; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Chowning, de Braga, Gibbons, Claborn, Collins, Freeman, Goldwater, Koivisto, Manendo, McClain, Neighbors, Nolan, Parks and Perkins:
Assembly Bill No. 244—AN ACT making an appropriation to the Department of Education for distribution to Boulder City High School for the purchase of computer equipment; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Chowning, Anderson, Arberry, Brown, Carpenter, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Manendo, Marvel, McClain, Neighbors, Nolan, Parks, Perkins and Smith:
Assembly Bill No. 245—AN ACT relating to deceptive trade practices; requiring tour operators and tour brokers to make certain disclosures relating to price in an advertisement for a tour; prohibiting tour operators and tour brokers from charging more for a tour than the price disclosed in an advertisement for the tour; requiring a tour operator and a tour broker to include certain information in a billing invoice and receipt; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 56.
Bill read second time and ordered to third reading.
Assembly Bill No. 102.
Bill read second time and ordered to third reading.
Assembly Bill No. 117.
Bill read second time and ordered to third reading.
Assembly Bill No. 153.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amend sec. 2, page 2, line 7, by deleting:
“On July 1, 2001.” and inserting:
“upon passage and approval.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Dini moved that Assembly Bill No. 7 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Dini.
Motion carried.
general file and third reading
Assembly Bill No. 7.
Bill read third time.
Remarks by Assemblymen Smith, Anderson, Beers, Bache and Collins.
Roll call on Assembly Bill No. 7:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 7 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
REMARKS FROM THE FLOOR
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Price:
Thank you, Mr. Speaker. It’s certainly not with pleasure that I announce that one of our former members passed away over the weekend. A gentleman that very few here would know or remember because he was a member of this body a long time back. Eugene (Gene) Thomas Evans was a legislator in 1957, 1959, and 1960 and had been active for many years in government affairs. Mr. Evans was from Elko and I will read a bit about him. Gene Thomas Evans of Elko County was born in Baltimore, Maryland, October 12, 1920 to parents, Clarence and Leotta E. (Cantley) Evans. He attended school at Annapolis, Maryland, grade school and high school; the State College of Washington; and the University of Nevada. He served as platoon sergeant with the 7th Division, U.S. Army, World War II, and decorated with a Purple Heart and two Clusters. He was a former newspaper editor, public relations, and private pilot. His family included wife, Betty Evans and son, Tommy. He was a member and past Exalted Ruler of the Elks Lodge; belonged to the American Legion; was past president of the Lions Club; member of the Elko Chamber of Commerce, Jaycees, Civil Air Patrol and Toastmasters; Director of the Nevada Alumni Association; member of the Western Interstate Committee on Highway Policy Problems, 1957, 1958, 1959, 1960; and served in the Nevada Assembly in 1957, 1959 and 1960.
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 Susan Potter, Amy Reel, Lisa Nyberg, Carol Larsson, Angela Orr, Tamie Priddy, Katherine Sewell, Mark Hausauer, Nancy Reeser, Lnydi Cooper, William Akiu, Khristine Alexander, Cuyler Beatty, Nichole Burch, Caitlin Crofts, Sarah Foster, Justin Frost, Amber Gaither, Richard Giampapa, Ashley Martens, Kelsey Martin, Robyn McGibeny, Jonathon Miller, Jerrquisha Mothershed, Elizabeth Orphan, Dominique Oviatt, Chad Parker, Kathryn Peterson, Tyler Price, Jessica Saldana, Harlow Sayers, Brett Setterfield, Acacia Thornhill, Ryan Walker, Heaven Welshonse, Bryan Wilsey, Clinton Wolff, Lawrence Alves, Delfonye Baker, Lisa Bishop, Katie Bowden, Dennis Brooks, Jory Caldwell, Mayra Carranco, Michelle Deal, Katherine Dew, Andrew Evans, Selina Ford, Evan Fox, Amber Gaylord, Denise Hernandez, William Honjas, Brittany Johnson, Randall Krause, Mark Martinmaas, David Mayorga, Corey McDowell, Brianna Medina, Johnny Puentes, Angela Riddle, Valerie Serpa, Christopher Sinnett, Christopher Sprague, Ashley Tackett, Erika Thompson, Valerie Anderson, Robert Becker, Ryan Borges, Jason Chase, Christina Donnelly, David Elcano, Leasu Faamasa, Sarah Foster, Ryan Harris, Melissa Hofman, Jessica Holman, Justin Jeffers, Joy Jones, Shayleen Jones, Stephanie Loveless, Brandon MacFarlane, Marie Mancia, Amanda Martinez, Anthony Matney, Kevin Neugebauer, Dan Nguyen, Megan Ortiz, Lindsey Paster, Kimberly Richards, Mayra Salazar, Eduardo Sanchez, Brandi Seymour and Joshua Steiger.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Ira David Sternberg.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Vanessa Harms.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Grant Graves.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Morgan.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, February 27, 2001 at 11:00 a.m. and that it do so in memory of former Assemblyman Gene Thomas Evans.
Motion carried.
Assembly adjourned at 11:51 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon