THE THIRTY-EIGHTH DAY
Carson City (Wednesday), March 14, 2001
Assembly called to order at 11:18 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Gibbons, Nolan and Ohrenschall, who were excused.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, we give You thanks and praise on this, another beautiful day. We thank You for Your abundant goodness and love, being reminded that Your word declares, “For as high as the heavens are above the earth, so great is God’s love for those who fear Him.” Bless our legislators, give them wisdom and understanding in all their decisions and dealings. In the Name of the Most High God, I 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 Taxation, to which were referred Senate Bills Nos. 59, 64, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David E. Goldwater, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 13, 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. 53, 153.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 11.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, March 14, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 20.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 11.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Leslie, Anderson, Giunchigliani, Arberry and Williams; Senator Neal:
Assembly Bill No. 353—AN ACT relating to crimes; prohibiting a sentence of death for a person who is mentally retarded; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Price, Brown, Chowning and Manendo:
Assembly Bill No. 354—AN ACT relating to crimes; providing for genetic marker analysis of certain evidence relating to the conviction of certain offenders who have been sentenced to death; providing for a stay of execution pending the results of the analysis; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Price, Claborn, Collins, Freeman, Lee and Parks:
Assembly Bill No. 355—AN ACT relating to electricians; requiring the division of industrial relations of the department of business and industry to establish minimum standards for the education, training and certification of electricians; authorizing the division to establish a schedule of fees for the certification of electricians; prohibiting a person from working as an electrician unless he holds a certificate as an electrician issued by the division; prohibiting the state contractors’ board from issuing a license to, or renewing the license of, an electrician who does not hold a certificate as an electrician issued by the division; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Oceguera, Anderson, Bache, de Braga, Parks, Arberry, Buckley, Claborn, Collins, Dini, Gibbons, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Nolan, Perkins, Smith and Williams:
Assembly Bill No. 356—AN ACT relating to the public employees’ retirement system; decreasing the number of years of service required for vesting; revising the formula for calculating retirement allowances; providing for benefits for a survivor beneficiary in certain circumstances; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
By Assemblymen Hettrick, Cegavske, Berman, Brower, Brown, Claborn, de Braga, Freeman, Gibbons, Humke, Nolan, Parks, Tiffany, Von Tobel and Williams:
Assembly Bill No. 357—AN ACT relating to education; eliminating the provisions for the election of the members of the state board of education; providing for the appointment of the members of the state board of education; prohibiting certain members of the state board of education from participating in actions of the state board under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Berman, Cegavske, Claborn, Gibbons, Hettrick, McClain, Mortenson, Tiffany and Von Tobel:
Assembly Bill No. 358—AN ACT relating to the state personnel system; transferring the duty to certify state payrolls from the director of the department of personnel to the state controller; and providing other matters properly relating thereto.
Assemblywoman Berman moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 359—AN ACT making an appropriation to the Interim Finance Committee for expenses relating to the investigation of the leukemia cluster in Fallon; 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. 360—AN ACT making an appropriation to the Department of Administration for the support of amateur athletics and recreational programs in the City of Las Vegas; 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 Marvel:
Assembly Bill No. 361—AN ACT relating to taxation; revising the time by which a person extracting any mineral in this state must file with the department of taxation an annual statement of his estimated gross yield, estimated net proceeds and estimated royalties for the current calendar year; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Marvel (by request):
Assembly Bill No. 362—AN ACT relating to tobacco; revising provisions concerning the smoking of tobacco in certain public areas; revising provisions governing the location of cigarette vending machines; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywomen Giunchigliani and Leslie:
Assembly Bill No. 363—AN ACT relating to health care records; allowing a patient to obtain his health care records without charge under certain circumstances; 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 Tiffany, Angle, Berman, Brown, Cegavske, Giunchigliani, Koivisto, McClain, Mortenson, Nolan and Price:
Assembly Bill No. 364—AN ACT relating to education; requiring regional subdistricts created in certain school districts to prepare annual reports; prescribing the information required to be reported; requiring the board of trustees of such school districts to prepare a compilation of the reports that includes an evaluation of the equity among the regional subdistricts; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 365—AN ACT relating to collective bargaining; requiring that certain local governmental employers and employees submit certain disputed issues to an arbitrator for binding arbitration in 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. 366—AN ACT relating to real property; requiring disclosures of certain information by the seller of a new residence; providing for the tolling of statutes of limitation and repose for certain causes of action relating to real property in certain circumstances; specifying that a claim for a constructional defect does not limit, preclude or abate disciplinary action against a contractor; revising provisions governing the recovery of damages in a constructional defect matter; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Tiffany, Beers and Cegavske:
Assembly Bill No. 367—AN ACT relating to information services; creating the information technology commission; prescribing the qualifications, powers and duties of the commission; eliminating the information technology advisory board; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Ways and Means.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:31 a.m.
ASSEMBLY IN SESSION
At 11:33 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Tiffany withdrew the motion that Assembly Bill No. 367 be referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 53.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 153.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 20.
Assemblyman Brown moved the adoption of the resolution.
Remarks by Assemblymen Brown, Chowning, Collins and Carpenter.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Resolution adopted unanimously.
Assemblywoman Giunchigliani moved that the action whereby Assembly Bill No. 363 was referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 363 be referred to the Committee on Commerce and Labor.
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 11:45 a.m.
ASSEMBLY IN SESSION
At 11:51 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Beers, Humke, Berman, Hettrick, Anderson, Brower, Brown, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Lee, Manendo, Marvel, Nolan, Oceguera, Parks, Perkins, Price and Von Tobel; Senators Rawson, O'Donnell, Amodei, Carlton, Coffin, McGinness, Raggio, Schneider, Shaffer, Titus, Townsend and Washington:
Assembly Bill No. 368—AN ACT relating to firearms; increasing the penalty for a person previously convicted of a felony who possesses a firearm; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Select Committee on Energy:
Assembly Bill No. 369—AN ACT relating to utilities; revising and repealing various provisions governing the regulation of public utilities; preventing certain electric utilities from disposing of certain generation assets for a certain period; placing restrictions on the disposal of such assets after that period; repealing provisions pertaining to the competitive provision of retail electric service; requiring the public utilities commission of Nevada to take certain actions to carry out the provisions of this act; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Select Committee on Energy.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 31.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 36.
Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. 1. There is hereby appropriated from the state general fund to the department of human resources for providing presumptive eligibility for Medicaid for women who are pregnant and for children who are less than 19 years of age and for providing presumptive eligibility for the children’s health insurance program for children who are less than 19 years of age:
For the fiscal year 2001-2002 $5,414,773
For the fiscal year 2002-2003 $6,232,638
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the title of the bill, sixth line, by deleting “appropriations;” and inserting “an appropriation;”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 47.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Joint Resolution No. 3.
Resolution read third time.
Remarks by Assemblymen Giunchigliani, Goldwater and Anderson.
Roll call on Assembly Joint Resolution No. 3:
Yeas—39.
Nays—None.
Excused—Gibbons, Nolan, Ohrenschall—3.
Assembly Joint Resolution No. 3 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
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 Colleen Hughes.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Cecilia Wilks.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Mandi York, Dan McCue, Maria Azzarelli, Jennifer Koemans, Daniele Dreitzer, Jennifer Sizemore, Mandy Canales-Salazar, Christy Jefferson, Pammra Pearce, Onie Cooper, Louis Martin, Larry Keinworth, Denise Eckstein, Kathleen Needham and Barbara Wagner.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to William Stojack.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to JJ Dini, Mike Johnson, Christen Adams, Josh Allen, Sabrina Archer, Kendall Castellani, Amanda Heimerman, Halona Hernandez, Levi Hernandez, Susan Hess, Jeff Homestead, Travis Lemos, Alicia Mata, Esme Montez, Mike Peacher, Tiffany Pollard, Kristen Proctor, Rachel Remaley, Zach Roots, Jaime Ross, Tom Sceirine, Amy Sceirine, Sarah Sciarani, Carrie Sheldon, Brian Smith, Rocky Snooks, Eric Spurlock, Alex Tapia, Micah Triplett, Jenn Turner, Maria Vasquez, Crystal Williss, Benny Young, Robert Anderson, Golda Barton, John Fauver, Mindy Foley, Nate Goff, Angela Ivey, Ty Joyner, Julien Pellegrini, Mike Pinkerton, Mike Roberson, Cameron Stern, Fawn Tate, Adista Tibbals, Jamie Whitfield, Jeremy Wilkison, Nick Carlgren, Mike Leone, Bridgette Brinkley, Courtney Carlgren, Byron Corletto, Adrianne Cornell, Luis Covarrubias, Justin Drake, Brandyn Feole, Jenn Gibbs, Chris Goodman, Andy Grigsby, Tony Gutierrez, Shiloh Hamlett, Chuy Juarez, Nick Lee, Jenny Mollart, Jesse Montero, Stacy Robertson, Jafeth Salido, Chris Sanchez, Lindsey Stockton, Carlos Zuniga, Iliana Padilla, Melanie Romo, Ichie Osaka, Eder Pascal, Seth Osborne, Crystal Perry, Eugene McCaudeless, Joe Arnote, Kathy Arnote, Frances DeGiacomo and Michelle Davis.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to James Sohns.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Linda K. Sikkema.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Chris Pritsos.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Yvonne Atkinson Gates.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, March 15, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:06 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon