THE THIRTY-THIRD DAY
Carson City (Friday), March 9, 2001
Assembly called to order at 10:46 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Arberry, who was excused.
Prayer by the Chaplain, Pastor Stanley Friend.
The Lord bless you and keep you; the Lord make His face shine on you, and be gracious to you; the Lord lift up His countenance on you, and give you peace.
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.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 8, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 152, 155, 200, 201.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Giunchigliani, Anderson, Bache, Parnell, Gibbons, Arberry, Buckley, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Goldwater, Lee, Leslie, Manendo, McClain, Neighbors, Oceguera, Ohrenschall, Parks, Perkins, Price, Smith and Williams:
Assembly Bill No. 311—AN ACT relating to educational personnel; revising provisions governing the determination of salaries and the purchase of retirement credit for certain teachers; revising provisions governing sick leave of employees of a school district; authorizing the board of regents of the University of Nevada to administer a program of loans for students who are enrolled in teaching programs; providing for the waiver of those loans by the board of regents under certain circumstances; making an appropriation for the loan program; making an appropriation to reimburse certain costs incurred by licensed teachers in obtaining endorsements in certain fields of specialization; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen Gibbons, Berman, Brown, Cegavske, Chowning, Claborn, Freeman, Gustavson, Hettrick, Humke, Mortenson, Nolan and Smith:
Assembly Bill No. 312—AN ACT relating to the Airport Authority of Washoe County; requiring the authority to comply with the bidding requirements of the Local Government Purchasing Act before entering into certain concession agreements; prohibiting a former member of the board of trustees of the authority from entering into or submitting a bid for a concession agreement under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Oceguera, Gibbons, Goldwater, Buckley, Manendo, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Giunchigliani, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Amodei, Carlton, Titus, Porter, Care, Coffin, Jacobsen, James, Mathews, McGinness, Neal, Raggio, Rawson, Rhoads, Schneider, Shaffer, Washington and Wiener:
Assembly Bill No. 313—AN ACT relating to occupational diseases; creating a conclusive presumption that hepatitis is an occupational disease for certain salaried firemen and emergency medical attendants; establishing requirements of eligibility for the statutory presumption; requiring the testing of such employees for the presence of hepatitis; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 314—AN ACT relating to state financial administration; making various changes relating to the collection of debts owed to the state; increasing certain fees and charges; 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 Parks, Manendo, Arberry, Gibbons, Ohrenschall, Anderson, Bache, Beers, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Lee, Leslie, McClain, Mortenson, Neighbors, Oceguera, Perkins, Price, Smith and Williams:
Assembly Bill No. 315—AN ACT relating to traffic laws; increasing the penalties for a first or second offense of driving under the influence of intoxicating liquor when the concentration of alcohol in the blood or breath of the offender is 0.18 or more; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Manendo (by request):
Assembly Bill No. 316—AN ACT relating to substances causing impairment; providing that once a person has been convicted of a felony for operating a vehicle or vessel while under the influence of alcohol or a controlled substance any subsequent violation is treated as a felony; providing a penalty; 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.
Senate Bill No. 152.
Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 155.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 200.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 201.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 42.
Amend sec. 3, page 3, line 4, by deleting “I” and inserting “1”.
Amend sec. 3, page 3, line 9, by deleting “II” and inserting “2”.
Amend sec. 3, page 3, line 14, by deleting “III” and inserting “3”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 183.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 2.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 46.
Amend the resolution page 2, between lines 36 and 37, by inserting:
“Resolved, That the Nevada Legislature hereby urges Congress to enact the National Collegiate and Amateur Athletic Protection Act of 2001, sponsored by United States Senators John Ensign and Harry Reid and United States Representatives James Gibbons and Shelley Berkley and others, thereby enhancing the ability of the nation to identify and address illegal wagering on college sports; and be it further”.
Amend the title of the resolution, third line, by deleting “form.” and inserting:
“form and to enact the National Collegiate and Amateur Athletic Protection Act of 2001.”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Urges Congress to refrain from enacting measure to repeal ability of Nevada to license and regulate sports wagering in its current form and to enact National Collegiate and Amateur Athletic Protection Act of 2001. (BDR R‑983)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 5.
Resolution read second time and ordered to third reading.
REMARKS FROM THE FLOOR
Assemblyman Dini requested that the following remarks be entered in the Journal.
Declaration
Whereas, The Shrine of North America was founded in 1872 by a group of 13 men belonging to the Masonic Order in order to provide fun and fellowship for its members, and through the growth of its membership has become a philanthropic organization dedicated to helping others through the establishment of specialized hospitals that have provided expert medical care at no charge to more than 600,000 children; and
Whereas, The Shrine of North America is an international fraternal organization with over 525,000 members and 191 Shrine temples located throughout the United States, Canada, Mexico and Panama, consisting of many special units, including the motor corps, band and clown units, and the Royal Order of Jesters, all dedicated to providing activities to help support the Shrine’s philanthropy; and
Whereas, The Royal Order of Jesters, a subsidiary of members of the Nobles of the Mystic Shrine, was founded in 1911 by a group of Shriners on their way to Honolulu for a Shrine visitation; and
Whereas, The Royal Order of Jesters is an exclusive group of men who enjoy life and have fun, consisting of over 26,000 members, with nearly 200 courts existing in various cities in the United States; and
Whereas, Membership into the Royal Order of Jesters is by invitation only and the member must have been a supporter of the community or active in other areas of the Shrine of North America; and
Whereas, Travel to various parts of the United States is among the many activities enjoyed by members of the Royal Order of Jesters, and the members of the Jesters share a spirit of camaraderie, deep friendship, and good fellowship; and
Whereas, The Royal Order of Jesters have two courts in Nevada, Reno Court number 33 and Las Vegas Court number 181, full of members dedicated to having fun and spreading Mirth and Joy; now therefore be it
Declared, by the MEMBERS of the Nevada State Assembly, That the Royal Order of Jesters are encouraged to continue participating in activities that encourage fun, enjoyment, and companionship; and be it further
Declared, That the members of the Assembly of the State of Nevada hereby express a hearty welcome to the Royal Order of Jesters, Reno Court 33 and Las Vegas Court 181, and the Shrine of North America in their endeavors to provide fun and fellowship for its members and to bring necessary medical treatment to children across the United States.
Declared by the Assembly March 9, 2001.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:09 a.m.
ASSEMBLY IN SESSION
At 11:23 a.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Assembly Bill No. 9.
Bill read third time.
Remarks by Assemblywomen Parnell and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 9:
Yeas—28.
Nays—Angle, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Gustavson, Hettrick, Marvel, Nolan, Tiffany, Von Tobel—13.
Excused—Arberry.
Assembly Bill No. 9 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 202.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 202:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 202 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Collins:
Assembly Bill No. 317—AN ACT relating to library districts; removing a tax imposed by a board of county commissioners for support of a consolidated library district; authorizing the board of county commissioners in a county in which a consolidated library district is created to adopt a budget for certain expenses of the consolidated library district and to appropriate money to the consolidated library district; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Education:
Assembly Bill No. 318—AN ACT relating to education; requiring the boards of trustees of school districts and the governing bodies of charter schools to exempt pupils from taking the high school proficiency examination upon the request of a parent or guardian; requiring the state board of education to prescribe alternative criteria for the evaluation of pupils who are exempt from the examination for receipt of a high school diploma; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Giunchigliani, Anderson, Bache, Gibbons, Manendo, Arberry, Berman, Buckley, Cegavske, Claborn, Collins, de Braga, Dini, Freeman, Goldwater, Koivisto, Leslie, McClain, Mortenson, Neighbors, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Smith and Williams:
Assembly Bill No. 319—AN ACT relating to education; requiring a public school that receives a designation as demonstrating need for improvement to administer a reading comprehension examination to certain pupils enrolled at the school; revising provisions governing the reports of accountability prepared by boards of trustees of school districts; designating the types of diplomas that may be issued to pupils; authorizing a parent or legal guardian of a pupil to request an exemption for the pupil from the high school proficiency examination; revising provisions governing the administration of the achievement and proficiency examinations; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; revising provisions governing the temporary alternative placement of pupils; making appropriations; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker announced the appointment of Assemblymen Bache, Buckley, Dini, Leslie, Neighbors, Parks, Smith, Hettrick, Humke, Tiffany and Von Tobel as a Select Committee on Energy, with Assemblyman Bache to serve as Chairman.
REMARKS FROM THE FLOOR
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Brower:
Thank you, Mr. Speaker. I rise to mention, as many of you probably know, the State Department of Education recently announced the tenth grade Terra Nova scores from this past fall. I am proud to report that three high schools in the state were given a high achievement rating. All three were from Washoe County. In fact, one, Incline High School, was in my district. I want to recognize Incline for its efforts. As we all know, a lot of hard work goes into achieving that kind of rating—hard work on the part of students, staff, teachers, parents, and the K-16 Council. I simply want to recognize their efforts on the floor today.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 78; Assembly Concurrent Resolution No. 9; Senate Joint Resolution No. 6; Senate Concurrent Resolution No. 16.
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 George O’Keefe, Grant Birmingham, Ann Birmingham, Robert Anderson, Lynn Anderson, John Carr, Margery M. Carr, Bob Walker, Billie Walker, Ed Nelson, Deanna Nelson, Al McVey, Dollie McVey, Bud Glatthar, Jim Schlink, Emmett E. Moss, Jack A. Podesta, Ted Meredith, C. Michael Knapp, Mike Pintar, Jack Barton and Jeannette Barton.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Harvey, Forest Lawson and Shirley Lawson.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Christina Schofield.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Marcos Franco, Steven Doyle and Richard Gammick.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Suzanne Ramos and David B. Osman.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Gerardina Rodriguez, Jonathan Anderson and Misty Bowman.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, March 12, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:36 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon