THE FORTIETH DAY
Carson City (Friday), March 16, 2001
Assembly called to order at 10:41 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Nolan, who was excused.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, Your Word directs us to make a priority to pray for our leaders and those who are in authority—so we do, pray for the leaders and people of our nation as we attempt to find solutions and answers to problems we face, both at home and overseas. We also call upon You and pray for our legislators—grant them wisdom and knowledge in all things, and specifically, bless the men and women of this Assembly, their staff and families. In the Name of the Most High God, 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 Commerce and Labor, to which was referred Assembly Bill No. 152, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Commerce and Labor.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 176, 177, 301 has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Joint Resolutions Nos. 4, 6 has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
Mr. Speaker:
Your Concurrent Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 120, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 15, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 32, 153; Senate Bills Nos. 237, 239.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 12.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Senate Bill No. 59 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Goldwater.
Motion carried.
Assembly Concurrent Resolution No. 10.
Assemblywoman Koivisto moved the adoption of the resolution.
Remarks by Assemblywoman Koivisto.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Ohrenschall, Anderson, Arberry, Bache, Buckley, Chowning, Claborn, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Manendo, McClain, Mortenson, Parks, Parnell and Price:
Assembly Bill No. 388—AN ACT relating to mobile home parks; requiring a landlord to make available a rental agreement to rent or lease a mobile home lot for a certain period under certain circumstances; setting forth the provisions that must be included in such an agreement; authorizing a tenant to execute an assignment or sublease in certain circumstances; revising the circumstances under which a landlord may increase the rent of his tenants to recover the cost of a capital improvement made to a park; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Ohrenschall, Bache, Anderson, Buckley, Chowning, Claborn, Freeman, Giunchigliani, Goldwater, Koivisto, Manendo, McClain, Mortenson, Parks, Parnell, Price and Von Tobel:
Assembly Bill No. 389—AN ACT relating to mobile home parks; requiring the landlord of a mobile home park to prepare an annual statement and to post and distribute such statement; requiring the administrator of the manufactured housing division of the department of business and industry to enact certain regulations; requiring an increase in rent pursuant to a rental or lease agreement to be calculated in a certain manner; authorizing a tenant to assign his lease of a mobile home lot; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Price, Bache and Giunchigliani:
Assembly Bill No. 390—AN ACT relating to insurance; prohibiting an insurer who offers a policy of insurance for a motor vehicle from basing certain decisions relating to the policy on the consumer report of an applicant, policyholder or a member of the household of the applicant or policyholder; providing a penalty; 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 the Committee on Constitutional Amendments:
Assembly Bill No. 391—AN ACT relating to public lands; providing a civil remedy and a criminal penalty for certain acts; authorizing a board of county commissioners to adopt certain ordinances relating to public lands located within the county; authorizing a district attorney to initiate or defend an action relating to public lands under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Constitutional Amendments.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:51 a.m.
ASSEMBLY IN SESSION
At 10:52 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Price withdrew the motion that Assembly Bill No. 391 be referred to the Committee on Constitutional Amendments.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen de Braga, Price, Angle, Bache, Freeman, Gibbons, Goldwater, Manendo, Mortenson, Neighbors, Parks and Tiffany:
Assembly Bill No. 392—AN ACT relating to contractors; revising certain fees for licensing a contractor; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Price, Bache and Giunchigliani:
Assembly Bill No. 393—AN ACT relating to industrial insurance; providing for a prospective increase in compensation for a permanent total disability or permanent partial disability under certain circumstances; 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 Buckley, Parks, McClain, Koivisto, Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Brower, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Hettrick, Lee, Leslie, Manendo, Marvel, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Assembly Bill No. 394—AN ACT relating to criminal procedure; requiring a court to advise a defendant of the immigration consequences of a plea of guilty or nolo contendere; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Oceguera, Giunchigliani, McClain, Parks, Freeman, Goldwater, Koivisto, Manendo and Price; Senators O'Donnell, O'Connell, Care and Titus:
Assembly Bill No. 395—AN ACT relating to land use planning; revising the provisions governing the authority of a city or county to control the location of certain residential facilities; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Brown, Cegavske, Gibbons, Humke, Berman, Anderson, Angle, Arberry, Bache, Beers, Brower, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Gustavson, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Coffin, Rawson and Shaffer:
Assembly Bill No. 396—AN ACT relating to evidence; making a statement made by a child describing an act of physical abuse of the child admissible in criminal proceedings under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Brown moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Brower:
Assembly Bill No. 397—AN ACT relating to evidence; providing for the admissibility of statements made by an unavailable declarant concerning the infliction or threat of physical injury upon the declarant under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen McClain, Koivisto, Buckley, Leslie, Ohrenschall, Anderson, Arberry, Bache, Berman, Carpenter, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Lee, Manendo, Mortenson, Neighbors, Oceguera, Parks, Parnell, Price, Smith and Williams; Senator Titus:
Assembly Bill No. 398—AN ACT relating to prescription drugs; directing the department of human resources to include a demonstration project in the state plan for Medicaid that will provide access to discounted prescription drug benefits for certain low-income persons; requiring the director to apply for all necessary waivers from federal law and regulation; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 399—AN ACT relating to false reports; providing for civil liability for making a false report of a crime or an emergency; 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. 400—AN ACT relating to crimes; revising the crime of aggravated stalking; revising provisions concerning where crimes of harassment, stalking and aggravated stalking are deemed to have been committed; 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. 401—AN ACT relating to bail; reducing the time for forfeiting bail when a defendant fails to appear; requiring persons who provide bail on behalf of a defendant to make ongoing efforts to bring the defendant before the court when the defendant has failed to appear and to report such efforts to the court; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Freeman and Marvel:
Assembly Bill No. 402—AN ACT relating to cemeteries; authorizing the creation of family cemeteries; revising the authority and procedure for ordering disinterment and removal of human remains and care of gravesites; 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 Neighbors and Tiffany:
Assembly Bill No. 403—AN ACT making an appropriation to the State Department of Conservation and Natural Resources for costs relating to the preservation of Walker Lake; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 404—AN ACT relating to taxation; expanding the eligibility for exemptions from certain taxes for veterans; providing for prospective graduated increases in the amount of the exemption from certain taxes for veterans; requiring that money from the contribution by a veteran of the value of an exemption from certain taxes for veterans be credited to the gift account for veterans’ homes; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Angle, Gibbons, Beers, Brown, Carpenter, Cegavske, Claborn, Collins, Gustavson, Hettrick, Marvel, Nolan, Price, Tiffany and Von Tobel; Senators Rawson, Neal, Coffin, Washington, O'Donnell and Shaffer:
Assembly Bill No. 405—AN ACT relating to education; requiring the boards of trustees of school districts and the governing bodies of charter schools to administer certain examinations in reading to pupils who are enrolled in certain grade levels; requiring the department of education to prepare a list of approved examinations to determine the reading level of certain pupils; revising the provisions governing the standards of content and performance established by the council to establish academic standards for public schools for English in the subject area of reading; revising the provisions governing the selection of textbooks by the state board of education; revising the provisions governing the approval of certain courses of study and training for teachers; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Carpenter and Marvel; Senator Rhoads:
Assembly Bill No. 406—AN ACT relating to the Elko Convention and Visitors Authority; repealing the requirement that the board of governors of the authority reimburse the county clerk of Elko County for all costs of a general authority election; redefining the boundaries of the authority; repealing the procedure for adding land to or excluding land from those boundaries; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Claborn, Koivisto, Collins, McClain and Oceguera:
Assembly Bill No. 407—AN ACT relating to community redevelopment; revising the provisions governing development projects on which the prevailing wage must be paid; and providing other matters properly relating thereto.
Assemblywoman Claborn moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Manendo, Ohrenschall, Anderson, Bache, Berman, Claborn, Gibbons, Goldwater, Parks and Williams:
Assembly Bill No. 408—AN ACT relating to crimes; making a person who subjects a child under the age of 12 years to certain sexual acts guilty per se of sexual assault; increasing the age of a child against whom the crime of open and gross lewdness may be committed from 14 to 16 years; providing penalties; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Manendo, Anderson, Ohrenschall, Gibbons, Williams, Arberry, Bache, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, McClain, Neighbors, Oceguera, Parks, Perkins and Price:
Assembly Bill No. 409—AN ACT relating to education; revising provisions governing the increase in salary for a teacher who is certified by the National Board for Professional Teaching Standards; revising provisions governing the budgets for school districts; prescribing a pupil-teacher ratio for the fourth grade; making appropriations for special education; authorizing expenditures from the state distributive account for programs of remedial study; making appropriations for educational technology; making appropriations for the employment of school nurses and school psychologists; making an appropriation for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards; making an appropriation for school districts to provide programs to pupils who have limited proficiency in the English language; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblyman Carpenter (by request):
Assembly Bill No. 410—AN ACT relating to professions; creating the outfitters and guides licensing board of Nevada; providing for licensure of outfitters and guides; providing penalties; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Lee:
Assembly Bill No. 411—AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for medical devices ordered or prescribed by providers of health care; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Assemblyman Lee moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblywoman Tiffany:
Assembly Bill No. 412—AN ACT relating to animals; authorizing governing bodies of counties and cities to establish an advisory committee on animals; prescribing the duties of such an advisory committee; requiring certain animal shelters to observe certain animals perceived as dangerous to determine the appropriate disposition of the animals; requiring an animal shelter to report its determination regarding the appropriate disposition of an animal to the advisory committee under certain circumstances; providing limited immunity from civil or criminal liability under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Smith moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Gustavson (by request):
Assembly Bill No. 413—AN ACT relating to cooperative agreements; providing that an entity created by cooperative agreement between local governments must not affect adversely the operation or continued existence of a public agency that is not a party to the agreement; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Perkins, Parks, Beers, Ohrenschall, Gibbons, Anderson, Arberry, Bache, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Neighbors, Oceguera, Parnell, Price, Smith, Tiffany and Williams:
Assembly Bill No. 414—AN ACT relating to the state public works board; authorizing the removal of the manager of the board under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Lee:
Assembly Bill No. 415—AN ACT relating to pharmacy; requiring the state board of pharmacy to adopt regulations relating to the electronic transmission or transmission by a facsimile machine of certain prescriptions from a practitioner to a pharmacist for the dispensing of a drug; requiring an applicant for registration as an intern pharmacist to be enrolled in a college of pharmacy or department of pharmacy of a university approved by the board; prohibiting the board from issuing a private reprimand to the holder of a certificate, license or permit issued by the board; and providing other matters properly relating thereto.
Assemblyman Lee moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 237.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 239.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 171.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 26 of the 70th Session.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bill No. 64 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 11; Senate Concurrent Resolution No. 20.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Jack Armstrong.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Keith Rheault.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Don Peckham, Asa J. Aninao, Adam P. Barba, Christopher D. Becher, Emily M. Bedell, Jordan Bjerke, Mitchell J. Cukrov, Daniel P. Ferrari, Gavin R. Goetz, Courtney R. Haddock, Cameron J. Harris, Julian H. Jacobs, Richard S. Kern, Micaela M. Koci, Diana K. Lang, Jarad M. Mouchou, Maggie E. Olander, Eda Ozmen, Kate Pool, Adam G. Pope, Barrett L. Sande, Ethan C. Strawn, Tyler M. Thompson, Anthony J. Villa, Connor M. Warren, Liana Weber, Jordan S. Basta, Jessica S. Bertrand, James Bolotin, Brian D. Bus, Christianna M. Coleman, Henry C. Davis, Sam B. Douglass, Jessica L. Hansen, Jonathan C. Hatjakes, Carilyn A. Hoffman, Chase N. Howard, Morgan M. Iveson, Dominic Kukulica, Megan C. Mathis, Shane P. McGuire, Shannon M. McGuire, Charles H. Michels, Jamie K. Olander, Ashleigh A. Rahming, Jacob D. Schulte, Ryan S. Siri, Sarah D. Stanko, Ryan D. Starr, Johnathan R. Stewart, Kallyn L. Waddington, Glenn M. Wallace, Mary E. Anderson, Christina F. Bedolla, James M. Bertoldi, Sam T. Breen, Casey R. Conrad, Dimitry J. Ediss, Lauren Eisele, Greyson D. Fritz, Kyle A. Goetz, Connor W. Gomez, Hillary N. Greene, John A. Kirsch, Alan M. Lyons, Coleman J. Manson, Spencer Mason, Catherine A. Mathis, Mieka McGhin, Cassandra M. McHardy, Erik M. Peterson, Gina M. Rosa, Richard J. Schneider, Quincy A. Shanks, David R. Sidorski, Melissa E. Slocumb, Ian A. Vigen, Thomas L. Wood, Jennifer Yi, Karen Hume, Marlene Cate and Diana Ghio.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Frank Coleman and Evelyn Shewan.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Natalie Nicole Lopez and Courtney Tiffany.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, March 19, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 11:16 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon