THE FIFTIETH DAY
Carson City (Monday), March 26, 2001
Assembly called to order at 11:22 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Freeman, who was excused.
Prayer by the Chaplain, Reverend Albert Tilstra.
Our Father in Heaven, we give You thanks for good weather and the lovely promise of spring. We thank You for good health, good friends, and all the things we so often take for granted. We thank You for the keen challenges of this hour, for work to do that demands the best we have and still finds us inadequate. Then may we seek Your help, knowing that in partnership with You, in applying Your will to our problems, there shall be no dull moment and no problems beyond solution. God bless us all and help us to be right and to do right.
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 Constitutional Amendments, to which was referred Assembly Joint Resolution No. 5 of the 69th Session, as amended by the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bob Price, Chairman
Mr. Speaker:
Your Select Committee on Energy, to which was referred Assembly Bill No. 369, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 23, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 15.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 110.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 25, 182.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
March 24, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 313, 319, 330, 335, 343, 346, 354, 356, 367, 371, 378, 404, 405, 409, 411, 416, 420, 424, 426, 448, 449, 453, 454, 470, 473 and 474.
Mark Stevens
Fiscal Analysis Division
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 12—Proposing to amend the Constitution of the State of Nevada to establish an intermediate appellate court and revise the term of a person appointed to fill a vacancy in an office for supreme court justice, court of appeals judge or district judge.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the Constitution of the State of Nevada be amended to read respectively as follows:
Sec. 3A. 1. The court of appeals must consist of three judges or such greater number as the legislature may provide by law. If the number of judges is so increased, the supreme court may provide by rule for the assignment of each appeal to a panel of not less than three judges for decision.
2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that at least one judge serves for an initial term of 2 years, at least one serves for an initial term of 4 years and at least one serves for an initial term of 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.
3. The supreme court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.
4. The supreme court may provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
Section 1. The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, District Courts[,] and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.
Sec. 4. 1. The supreme court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The legislature shall fix the jurisdiction of the court of appeals and, where appropriate, provide for the review by the supreme court of appeals decided by the court of appeals. The supreme court [shall] and court of appeals also have power to issue writs of mandamus, certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the supreme court and each judge of the court of appeals may issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody [,] in this state and may make such writs returnable, before [himself] the issuing justice or judge or the [supreme court,] court of which the justice or judge is a member, or before any district court in the state or [before] any judge of [said courts.] a district court.
2. In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate justices] a justice of the supreme court, [or any two of them,] the governor [is authorized and empowered to designate any] may designate a district judge [or judges] or a judge of the court of appeals to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the governor is entitled to receive his actual expense of travel and otherwise while sitting in the supreme court.
3. In case of the disability or disqualification, for any cause, of a judge of the court of appeals, the governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
4. The supreme court may provide by rule for the assignment of one or more justices of the supreme court to devote a part of their time to serve as supplemental judges of the court of appeals or district judges, where needed.
Sec. 7. The times of holding the Supreme Court , the Court of Appeals and the District Courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the Court of Appeals must be held at the place provided by law. The terms of the District Courts [shall] must be held at the County seats of their respective counties unless the Legislature otherwise provides by law.
Sec. 8. 1. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State[,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts[,] and such other Courts[,] as the Legislature [shall designate, shall be] designates are Courts of Record.
Sec. 11. The justices of the supreme court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed[;] , and all elections or appointments of any such judges by the people, legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.
[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and District Judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment; and provision [shall] must be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court , the court of appeals or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
[2. The] Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [next] first general election[.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.
2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.
3. Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
Sec. 21. 1. A justice of the supreme court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;
(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The supreme court shall adopt a code of judicial conduct.
7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.
10. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
11. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
And be it further
Resolved, That section 3 of article 7 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House[,] which may[,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals and the Judges of the District Courts [shall] must be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of[, shall] must be served with a copy of the complaint against him[, and shall] and have an opportunity of being heard in person or by counsel in his defense ; [,] Provided, that no member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That section 8 of article 15 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court[,] and the Court of Appeals, as it may deem expedient; and all laws and judicial decisions [shall] must be free for publication by any person; Provided, that no judgment of the Supreme Court or the Court of Appeals shall take effect and be operative until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.
Assemblyman Price moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Government Affairs:
Assembly Concurrent Resolution No. 16—Urging certain governmental agencies to post agendas of their public meetings on the Internet.
Assemblyman Bache moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Assembly Bill No. 551—AN ACT relating to cosmetology; authorizing the sale of food or beverages in a licensed cosmetological establishment under certain circumstances; revising the provisions relating to the issuance of a certificate of registration for a cosmetologist’s apprentice; revising the provisions relating to the practice of a profession other than cosmetology in a cosmetological establishment; 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. 552—AN ACT relating to manufactured buildings; revising the definitions of “factory-built housing” and “modular building” to exclude manufactured homes and commercial coaches; clarifying that such housing or buildings must be designed to be affixed to land or to a foundation, footing or existing building; 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 Government Affairs:
Assembly Bill No. 553—AN ACT relating to property; revising the procedures for notification for an application for certain conditional use permits, variances, special use permits or other special exceptions; revising the procedure for the vacation or abandonment of certain easements and rights of way; 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. 554—AN ACT relating to higher education; requiring the state treasurer to adopt regulations to establish and carry out the Nevada college savings program as authorized by federal law; creating the Nevada college savings trust fund and providing for its administration; eliminating the prospective expiration of various provisions governing the program for the prepayment of tuition at an institution of higher education; 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. 555—AN ACT relating to public employees’ retirement; revising the allowances that may be paid to a retired employee who accepts employment or an independent contract with a public employer under the public employees’ retirement system in a position for which there is a critical labor shortage; restricting the purchase of service credit by certain members of the system; limiting the circumstances under which contributions paid toward the purchase of service credit may be refunded; providing for the immediate assessment of a penalty if a payroll report is not filed or public employer contributions are not remitted in a timely manner; 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. 556—AN ACT relating to the administration of public agencies; expanding the authority of the state board of examiners to make certain emergency expenditures, to waive certain requirements regarding contracts for the services of independent contractors and to authorize its clerk to approve certain contracts and claims for money; requiring the clerk to make periodic reports of his determinations regarding such claims; requiring the state controller to transfer money from the fund to stabilize the operation of the state government under certain circumstances; requiring certain agreements for interlocal cooperation between public agencies to be in writing; 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. 557—AN ACT relating to constables; authorizing constables, upon request by the sheriff, to execute certain process, writs, and warrants; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
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 11:31 a.m.
ASSEMBLY IN SESSION
At 11:32 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that the action whereby Assembly Bill No. 556 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblyman Bache moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Assembly Bill No. 558—AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by this state for group insurance for certain public employees, public officers and retired public employees; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs and Ways and Means.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 559—AN ACT relating to the office of the governor; transferring the office for hospital patients from the department of business and industry to the office of the governor; creating the bureau for hospital patients within the office for consumer health assistance in the office of the governor; 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. 560—AN ACT relating to peace officers; prohibiting the expiration of the certification of certain persons by the peace officer’s standards and training commission under certain circumstances; providing that certain field agents and inspectors of the state department of agriculture are category II peace officers; revising the authority of the director of the state department of agriculture to designate certain department personnel as field agents and inspectors; 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. 561—AN ACT relating to the state militia; authorizing the governor to promote the adjutant general to the grade of lieutenant general under 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. 562—AN ACT relating to public works; requiring applicants for qualification to bid on public works to have a safety program established at the time of application; requiring such applicants to meet certain licensing requirements at the time of application; requiring the state public works board or governing body to consider certain factors in determining whether an applicant is qualified to bid on a public work; 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. 563—AN ACT relating to public employees; authorizing an additional deferred compensation plan for state and employees and employees of political subdivisions; 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. 564—AN ACT relating to programs for public employees; requiring the board of the public employees’ benefits program to coordinate the benefits of certain retired members of the program; requiring the commingling of the claims experience of active and retired state employees to determine rates and coverage; requiring the reduction of the rates of certain retired members of the program to reflect coverage by a plan other than the program; requiring the board to provide an annual report regarding the administration and operation of the program to the director of the legislative counsel bureau; 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. 565—AN ACT relating to state employees; authorizing monthly payroll cycles for certain state employees; 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. 566—AN ACT relating to the Las Vegas Valley water district; authorizing the district to make the prohibition against the wasteful use of water a condition for the provision of water service; authorizing the district to assess and collect monetary penalties for the wasteful use of water; exempting certain personal information contained in the records of the district regarding customers from the laws governing records of public agencies; 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. 567—AN ACT relating to state financial administration; allowing the State of Nevada or a state agency to purchase property pursuant to an agreement the term of which extends beyond the current biennium; allowing the interest on certain state securities to be paid more frequently than semiannually; exempting from the operation of the Uniform Commercial Code—Secured Transactions certain transfers and security interests involving this state or a governmental unit of this state; authorizing the issuance of general obligation bonds to finance improvements and refinance existing obligations relating to Southern Nevada Women’s Correctional Facility; 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. 568—AN ACT relating to county recorders; revising the provisions governing county recorders; 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. 569—AN ACT relating to state financial administration; exempting certain professional and occupational boards from the state budget act and the provisions governing the administration of state funding; 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. 570—AN ACT relating to the charter of Carson City; establishing a residency requirement for members of advisory boards; prohibiting certain officers from serving on certain boards after their terms of office expire; revising the requirements for the office of purchasing and contracts; 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. 571—AN ACT relating to counties; authorizing a board of county commissioners to provide by ordinance for the covering or removal of certain graffiti on private property at county expense; 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. 572—AN ACT relating to the office of the attorney general; establishing a single fraud control unit for insurance within the office; establishing the duties of the unit; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 369, just reported out of committee, be placed on the Second Reading File.
Remarks by Assemblyman Bache.
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 11:43 a.m.
ASSEMBLY IN SESSION
At 12:03 p.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 369.
Bill read second time.
The following amendment was proposed by the Select Committee on Energy:
Amendment No. 88.
Amend the bill as a whole by deleting sec. 3 and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 10 and inserting:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 14, page 6, by deleting lines 22 and 23 and inserting:
“(a) Any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.”.
Amend sec. 18, page 7, by deleting lines 16 through 29 and inserting:
“the application unless the electric utility proves a substantial financial emergency by clear and convincing evidence. The commission may base its approval upon such terms, conditions or modifications as the commission deems appropriate.
4. On or after July 1, 2007, an electric utility may file an application to dispose of a generation asset. If an electric utility files such an application, the commission may not approve the application unless the commission finds that disposal of the generation asset will be in the public interest. The commission may base its approval upon such terms, conditions or modifications as the commission deems appropriate.”.
Amend the bill as a whole by deleting sec. 27 and inserting:
“Sec. 27. (Deleted by amendment.)”.
Amend sec. 31, page 15, line 24, by deleting “704.987 and” and inserting “704.987,”.
Amend sec. 31, page 15, line 25, after “704.988” by inserting “and 704.990”.
Amend the leadlines of repealed sections by adding the leadline of NRS 704.990.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 13.
Bill read third time.
Remarks by Assemblyman Parnell.
Roll call on Assembly Bill No. 13:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 13 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 29.
Bill read third time.
Remarks by Assemblymen Carpenter and Marvel.
Roll call on Assembly Bill No. 29:
Yeas—41
Nays—None.
Excused—Freeman.
Assembly Bill No. 29 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 219.
Bill read third time.
Remarks by Assemblymen Buckley and Carpenter.
Roll call on Assembly Bill No. 219:
Yeas—39.
Nays—Angle, Marvel—2.
Excused—Freeman.
Assembly Bill No. 219 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 267.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 267:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 267 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 13 of the 70th Session.
Resolution read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Joint Resolution No. 13 of the 70th Session:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Joint Resolution No. 13 of the 70th Session having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 7.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 7:
Yeas—41.
Nays—None.
Excused—Freeman.
Senate Bill No. 7 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Bill read third time.
Remarks by Assemblymen Carpenter, Dini, Chowning and Collins.
Potential conflict of interest declared by Assemblymen Chowning and Collins.
Roll call on Senate Bill No. 16:
Yeas—40.
Nays—Buckley.
Excused—Freeman.
Senate Bill No. 16 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 29.
Bill read third time.
Remarks by Assemblyman Oceguera.
Roll call on Senate Bill No. 29:
Yeas—41.
Nays—None.
Excused—Freeman.
Senate Bill No. 29 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 37.
Bill read third time.
Remarks by Assemblyman Ohrenschall.
Roll call on Senate Bill No. 37:
Yeas—41.
Nays—None.
Excused—Freeman.
Senate Bill No. 37 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 573—AN ACT relating to criminal justice; authorizing a county to administer and distribute money collected for court-ordered restitution from certain persons; eliminating the restitution trust fund in the state treasury; providing that payments for restitution must be deposited in a separate fund in the appropriate county treasury for disbursement to victims of crime; reclassifying parole and probation officers as category I peace officers; 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. 574—AN ACT relating to offenders; providing for the continuation of certain programs of treatment for the abuse of alcohol or drugs for certain offenders; revising certain provisions concerning such programs of treatment; clarifying that eligibility for parole from consecutive sentences is based upon the sentence with the longest period before the prisoner is eligible for parole; 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. 575—AN ACT relating to civil actions; requiring a person filing a tort action against certain governmental entities or their officers or employees to file a notice of action within a certain period of time; 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. 576—AN ACT relating to judgments; clarifying the circumstances under which the enforcement of a foreign judgment may be stayed; prescribing the procedures for determining the amount of a bond to secure the stay of execution of certain judgments pending appeal; 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. 577—AN ACT relating to guardianships; establishing procedures for permanently placing an abused or neglected child with a guardian under certain circumstances; authorizing a court to appoint an attorney for certain persons involved in a proceeding for the establishment of such a guardianship; establishing procedures for permanently placing an Indian child with a guardian under certain circumstances; 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. 578—AN ACT relating to gaming; revising the definition of “manufacturer” for the purposes of the Nevada Gaming Control Act; revising the computation of interest payable by the Nevada gaming commission on the overpayment of certain fees and taxes; revising provisions relating to persons who acquire a certain beneficial ownership in a publicly traded corporation registered with the commission; 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. 579—AN ACT relating to property; establishing a statute of limitation for certain actions for inverse condemnation; 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. 580—AN ACT relating to the department of prisons; eliminating the provisions pertaining to contracts concerning the sale or donation of blood or blood plasma by offenders; 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. 581—AN ACT relating to orders; making various changes concerning orders for protection against domestic violence; 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. 582—AN ACT relating to criminal procedure; revising the provisions pertaining to the competency of defendants; eliminating the sanity commission; 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. 583—AN ACT relating to assistance to victims of domestic violence; transferring the duty to administer the account for aid to victims of domestic violence from the administrator of the division of child and family services of the department of human resources to the director of the department or a person designated by the director; authorizing the director to use money in the account to pay the administrative expenses associated with awarding grants from the account; eliminating the duty of the commission on mental health and developmental services to render advice concerning the award of such grants; 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. 584—AN ACT relating to supervision; requiring the posting of a bond by probationers and parolees who request permission to reside in another state; enacting provisions governing the forfeiture and distribution of such bonds under certain circumstances; providing for the establishment of standards and adoption of regulations concerning such bonds; 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. 585—AN ACT relating to crimes; redefining the term “battery that constitutes domestic violence” for the purpose of imposing penalties for such a crime; revising the penalties for committing a battery that constitutes domestic violence; removing the requirement that a person convicted of a first offense of driving under the influence of intoxicating liquor or controlled substances be dressed in distinctive garb while performing community service; removing the requirement that a person convicted of a second offense of driving under the influence of intoxicating liquor or controlled substances be ordered to perform community service; making various changes concerning the revocation of the driver’s license of a person convicted of a first offense of driving under the influence of intoxicating liquor or controlled substances; removing the provisions concerning the preconviction revocation of the driver’s license of a person who tests positive for driving under the influence of intoxicating liquor or controlled substances; providing a penalty; 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. 586—AN ACT relating to victims of crime; authorizing a victim of a sexual assault to obtain a fictitious address from the secretary of state; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that the action whereby Assembly Bill No. 572 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblyman Bache moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assemblyman Anderson moved that the action whereby Assembly Bill No. 585 was referred to the Committee on Judiciary be rescinded.
Motion carried.
Assemblyman Anderson moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 587—AN ACT making an appropriation to restore and increase the balance in the stale claims account; 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. 588—AN ACT making an appropriation to restore the balance in the emergency account; 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. 589—AN ACT making an appropriation to the State Public Works Board for the construction of a Hi-Tech Learning Center at Rancho High School in North 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 the Committee on Ways and Means:
Assembly Bill No. 590—AN ACT making an appropriation to the Welfare Division of the Department of Human Resources for energy bill assistance for low-income Nevadans; 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. 591—AN ACT making an appropriation to the State Public Works Board for a needs assessment and feasibility study relating to curriculum programming and potential building construction at the Fallon campus of the Western Nevada Community College; 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. 592—AN ACT making appropriations from the state general fund and the state highway fund to the Department of Motor Vehicles and Public Safety for various information technology upgrades; 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. 593—AN ACT making an appropriation to the State Department of Agriculture for the support of the Advisory Council for Organic Agricultural Products; 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. 594—AN ACT making an appropriation to the Culinary and Hospitality Academy of Las Vegas for the design and construction of a facility for vocational training in Southern Nevada; 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. 595—AN ACT making an appropriation to Clark County for the support of the Greater Las Vegas Inner-City Games; 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. 596—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for computer upgrades at the Division of Parole and Probation; 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. 597—AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of computers for the Division of Parole and Probation; 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. 598—AN ACT making an appropriation to the Department of Human Resources for an enhanced health clinic for the Jan Evans Juvenile Justice Center; 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. 599—AN ACT making an appropriation to the Department of Human Resources for a program to coordinate family resources; 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. 600—AN ACT relating to the legislature; requiring the fiscal analysis division of the legislative counsel bureau to prepare a legislative proposal for the budget for the state government; requiring the chief of the budget division of the department of administration to provide certain information to the fiscal analysis division of the legislative counsel bureau; repealing the provision that creates the budget subcommittee of the legislative commission; 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. 601—AN ACT relating to state financial administration; restricting the ability of a state agency to enter into certain agreements to purchase real property; 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. 602—AN ACT relating to the attorney general; removing the employees of the office of the attorney general from the classified and unclassified service of the state; requiring the attorney general to adopt certain rules and policies and determine the salaries and benefits of the employees of the office of the attorney general; authorizing the attorney general to transfer money between budget accounts without the approval of the interim finance committee; revising the circumstances under which the attorney general may enter into certain contracts; 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. 603—AN ACT relating to health care; creating the Nevada health account for uninsured families in the state general fund; providing that the account be used to promote the availability of health care benefits for uninsured families in this state and to assist families in this state to access essential health care services; making an appropriation; 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. 604—AN ACT relating to state employees; changing the name of the award presented to a state employee for continuous and faithful employment with the state for a certain number of years; removing the statutory limit on the maximum amount of money that may be spent on such an award; requiring the state board of examiners to prescribe a maximum amount of money that may be spent on such an award; 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. 605—AN ACT relating to state purchasing; authorizing the chief of the purchasing division of the department of administration to withdraw money from the state purchasing fund under certain circumstances; providing that the maximum balance in the state purchasing fund is permanently reduced by the amount of the withdrawal; limiting the amount of a temporary transfer from the state general fund to the state purchasing fund under certain circumstances; 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. 606—AN ACT relating to public officers; making various changes regarding the base amount and the periodic review and adjustment of compensation of certain state and local elected officers; making an appropriation; 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. 607—AN ACT relating to unemployment compensation; authorizing federally recognized Indian tribes to elect to become liable for payments by way of reimbursement in lieu of contributions to comply with federal law; increasing the daily compensation for service for members of the Nevada employment security council; 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. 608—AN ACT relating to property; transferring the responsibility for administering the program for property tax assistance for senior citizens from the department of taxation to the aging services division of the department of human resources; increasing the maximum dollar amount of the assistance; lengthening the period for filing a claim for assistance; 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. 609—AN ACT relating to the department of motor vehicles and public safety; extending the authorized period of expenditure of money appropriated to the department of motor vehicles and public safety for the purchase of modular furniture for the remodeled office in Carson City; 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. 610—AN ACT making an appropriation to the Comstock Cemetery Foundation, Inc., for expenses relating to the historic preservation and restoration of the cemeteries located in the Virginia City area; 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. 611—AN ACT relating to state financial administration; removing the limitation on the amount of the proceeds from fees and other charges related to the operation of motor vehicles that may be used to pay the costs of administration; 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. 612—AN ACT relating to rural health; creating in the state general fund the revolving loan account to provide assistance to certain rural health programs to make loans to rural health programs that require such assistance; making an appropriation; 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. 613—AN ACT relating to education; requiring transfers of money from the fund for school improvement to provide scholarships for students pursuing degrees in teaching; 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. 614—AN ACT relating to state employees; increasing the amount of longevity payments to state employees; 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. 615—AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; 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. 616—AN ACT relating to education; authorizing school districts to develop alternative plans for the reduction of pupil-teacher ratios in certain grades; 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 Judiciary:
Assembly Bill No. 617—AN ACT relating to resident agents; revising provisions governing the requirements for appointing a resident agent; creating the state resident agents’ board; providing for the powers and duties of the board; establishing requirements for certification as a certified resident agent; providing for the regulation and discipline of such certificate holders; prohibiting certain persons from acting as a resident agent without a certificate; providing a penalty; 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 Commerce and Labor:
Assembly Bill No. 618—AN ACT relating to insurance; providing for the regulation of the business of viatical settlements; requiring the commissioner of insurance to adopt regulations governing the use of electronic records and signatures; temporarily authorizing the adoption of regulations to enforce federal law concerning a bill of rights for patients; limiting the disclosure of certain information concerning consumers; making various other changes concerning the regulation of insurance; providing a penalty; 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. 619—AN ACT relating to mobile home parks; authorizing the landlord of a mobile home park to require written consent before a person occupies a mobile home or recreational vehicle or moves a mobile home or recreational vehicle into the mobile home park; providing the a person who does not obtain such consent is an unlawful occupant; requiring the landlord of a mobile home park to post periodically a report on the quality of water supplied to the mobile home park; authorizing the landlord of a mobile home park to impose certain requirements pertaining to the occupancy of mobile homes; providing that certain prohibitions pertaining to increases in rent for mobile homes and mobile home lots apply to long-term leases; reducing certain periods of notice required before a landlord may bring an action for an unlawful detainer or terminate a written agreement; authorizing the landlord or manager of a mobile home park to resell certain mobile homes without being licensed as a dealer in 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 the Committee on Commerce and Labor:
Assembly Bill No. 620—AN ACT relating to contractors; creating a commission on construction education; creating a construction education account; authorizing the commission to grant money from the account for programs of construction education; requiring that certain fines received by the state contractors’ board be credited to the construction education account; removing the requirement that the board require certain applicants for a contractor’s license or a licensee to establish financial responsibility by submitting certain information; authorizing the board to require an applicant or licensee to establish financial responsibility; removing provisions that automatically require the board to hold a hearing if the board refuses to issue or renew a license; changing certain time requirements relating to hearings; requiring the board to send a certain notice to an applicant or licensee if the board denies an application for the issuance or renewal of a license; authorizing an applicant or licensee whose application for the issuance or renewal of a license is denied to request a hearing before the board; requiring the board to hold a hearing if it receives such a request; requiring the board to include certain information on an application for the issuance or renewal of a license; 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. 621—AN ACT relating to real estate; clarifying the authority of the real estate commission, real estate administrator and real estate division of the department of business and industry to impose a fine or penalty or to initiate or continue an investigation, action or disciplinary proceeding against a person whose license or permit is surrendered, suspended or expired and against certain other persons; 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. 622—AN ACT relating to certified court reporters; requiring court reporting firms to be licensed by the certified court reporters’ board of Nevada before engaging in business in this state; expanding the regulatory authority of the board; increasing certain fees that are required to be collected by the board; providing a penalty; 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. 623—AN ACT relating to economic development; creating the Advisory Commission on Internet Commerce; prescribing the membership and duties of the Advisory Commission; 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. 624—AN ACT relating to health care plans; providing for the issuance of uniform identification cards and devices to process claims for prescription drugs or devices; 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. 625—AN ACT relating to professions; creating the board of massage therapists; prescribing the powers and duties of the board; requiring massage therapists to be licensed by the board; prescribing the requirements for licensure; providing penalties; 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. 626—AN ACT relating to financial institutions; requiring money received by the department of business and industry for certain investigative costs to be deposited in the investigative account for financial institutions; 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. 627—AN ACT relating to trade practices; expanding the definition of “deceptive trade practice” to include certain advertising practices relating to goods or services; revising the provisions governing certificates of registration issued to certain registrants by the consumer affairs division of the department of business and industry; requiring the renewal of those certificates of registration; increasing the amount of the security that certain dance studios and health clubs are required to deposit with the consumer affairs division; 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. 628—AN ACT relating to industrial insurance; expanding the circumstances under which certain police officers and firemen are entitled to receive compensation for exposure to tuberculosis; 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 Natural Resources, Agriculture, and Mining:
Assembly Bill No. 629—AN ACT relating to petroleum products; authorizing the state board of agriculture to adopt standards for liquefied petroleum gas that is used as a motor fuel; prohibiting the board for the regulation of liquefied petroleum gas from adopting regulations relating to the establishment of standards for fuel; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 630—AN ACT relating to public health; requiring a health authority to investigate environmental contamination that may threaten public health; making certain information obtained from such an investigation confidential under certain circumstances; requiring the state board of health to adopt certain regulations; requiring a laboratory certified to perform analyses of water to notify the health division of the department of human resources of certain threats to public health; providing a penalty; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 631—AN ACT relating to agriculture; expanding the purposes for which the state quarantine officer may proclaim a quarantine of agricultural commodities; expanding the circumstances under which the state department of agriculture may require certain owners or occupants to control, treat or eradicate certain diseases, insects, plants, weeds or other pests; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 632—AN ACT relating to water safety; prohibiting the operation of certain vessels unless persons less than 16 years of age are wearing personal flotation devices while the vessel is under way; providing a penalty; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Education:
Assembly Bill No. 633—AN ACT relating to the public employees’ retirement system; authorizing certain retired employees to accept employment with school districts as teachers without affecting their receipt of retirement allowances under the system; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 634—AN ACT relating to the University and Community College System of Nevada; authorizing the board of regents of the University of Nevada to create a review board to advise the board of regents on issues concerning peace officers of the police department for the system; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 635—AN ACT relating to health care; creating the commission on autism; providing for its membership; requiring the commission to establish certain centers to provide services relating to autism; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Koivisto 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 Health and Human Services:
Assembly Bill No. 636—AN ACT relating to mental health; authorizing an ambulance service to transport an allegedly mentally ill person to a mental health facility at the request of the proper authority; authorizing an advanced practitioner of nursing to conduct the medical examination required for the emergency admission of an allegedly mentally ill person to a mental health facility; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 637—AN ACT relating to elections; revising the length of time a voter may remain in a voting booth; allowing a special election to be conducted as an election by mail; providing for a person without a street address to register to vote; repealing the requirement that checklists of voters be created for elections; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirement for posting lists of voters in each precinct on election day; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; revising the deadlines for submitting certain county and municipal petitions; prohibiting the removal of signatures from petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; 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 the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 638—AN ACT relating to governmental administration; requiring the county or city clerk under certain circumstances to provide the result of a challenge of a voter to the person who initiated the challenge; revising the standards for counting a vote cast using certain methods of voting; allowing an elector who is not a registered voter to vote for President, Vice President, United States Senator and Representative in Congress; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising certain ethical standards applicable to public officers and employees; removing the requirement that a judicial officer and a candidate for judicial office must file certain statements of financial disclosure; 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 the Committee on Transportation:
Assembly Bill No. 639—AN ACT relating to taxes; authorizing a person to operate or maintain on a highway in this state any special mobile equipment or farm equipment using dyed special fuel under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 640—AN ACT relating to motor vehicles; authorizes the director of the department of motor vehicles and public safety to contract with an agent to create and operate a system for verifying that the owners of motor vehicles maintain certain insurance; authorizing the director of the department of motor vehicles and public safety to adopt regulations for certain purposes; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 25.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 110.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 182.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assemblywoman Buckley moved that the Assembly recess until 3:30 p.m.
Motion carried.
Assembly in recess at 12:58 p.m.
ASSEMBLY IN SESSION
At 3:46 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Transportation:
Assembly Bill No. 641—AN ACT relating to the Multistate Highway Transportation Agreement; providing that each participating jurisdiction is entitled to select not more than two designated representatives to serve on the cooperating committee; requiring the departments, agencies and officers of each participating jurisdiction to cooperate with and provide assistance to the cooperating committee under certain circumstances; specifying the designated representatives from this state to serve on the cooperating committee; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 642—AN ACT relating to the department of motor vehicles and public safety; requiring the department to offer to provide assistance to certain persons in complying with the Military Selective Service Act under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 643—AN ACT relating to motor vehicles; providing for the issuance of special license plates for antique trucks and truck-tractors; authorizing under certain circumstances the owner or operator of a motor vehicle displaying special license plates for a disabled veteran to park in a parking space designated for handicapped persons; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 644—AN ACT relating to vehicles; restricting the authority of the department of transportation and certain local governments to authorize the operation or other movement of vehicles exceeding a certain width; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 645—AN ACT relating to traffic laws; revising the provisions regarding signs posted in school zones; requiring the department of transportation to establish standards for the use of signs in school zones; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 646—AN ACT relating to motor vehicles; revising the provisions authorizing certain inspection stations and authorized inspection stations to renew certificates of registration; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 647—AN ACT relating to municipal airports; authorizing a municipality to sell, lease or exchange public land under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 648—AN ACT relating to protection from fire; providing in skeleton form for the formation of a regional fire protection district in certain counties; 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. 649—AN ACT relating to governmental purchasing; authorizing a local government and the chief of the purchasing division of the department of administration to receive bids on secure websites on the Internet or its successor; removing the provision requiring notice of the expiration of the insurance coverage of a local government; authorizing a local government to charge fees for the use of a credit card or debit card or the electronic transfer of money when remitting fees or payments to the local government; 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. 650—AN ACT relating to classifications based on population; changing the population basis for the exercise of certain powers by local governments; 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 Taxation:
Assembly Bill No. 651—AN ACT relating to motorboats; providing for the imposition of certain taxes on certain sales of used motorboats; excluding the value of a motorboat taken in trade from the sales price of a motorboat for the purposes of certain taxes; revising the provisions governing the administration of the exemption from certain taxes for the sale of tangible personal property to be shipped outside this state to include the sale of a motorboat to a nonresident under certain circumstances; requiring the department of motor vehicles and public safety to issue a special permit for the movement of a motorboat under certain circumstances; exempting a motorboat that has been documented pursuant to federal law from the requirement of obtaining a title pursuant to the provisions governing watercraft; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 652—AN ACT relating to taxation; increasing the amount of the ad valorem tax that certain counties may levy for the support of the family court in the judicial district that includes the county; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 653—AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 654—AN ACT relating to local governments; authorizing the governing body of a city or county to impose a tax on nonresidential structures or require the dedication of certain land for regional parks; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 655—AN ACT relating to taxation; providing that the ordinance required to be adopted by the board of county commissioners of each county and the governing body of each city to define the term “transient lodging” for the purposes of all taxes imposed by the board or governing body on the rental of transient lodging must exclude certain establishments which primarily rent to long-term guests; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 656—AN ACT relating to the business tax; authorizing the annual payment of the tax under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 657—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 engines, chassis and certain parts and components of professional racing vehicles; contingently providing the same exemption from the Local School Support Tax Law and certain analogous taxes; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 658—AN ACT making appropriations from the state general fund and the state highway fund to the Budget Division of the Department of Administration for the continuation of the development and roll out of the Integrated Financial System; 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 Education:
Assembly Bill No. 659—AN ACT relating to education; revising provisions pertaining to the contents of policies adopted by certain larger school districts concerning the reconstruction, renovation or replacement of older buildings; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 660—AN ACT relating to educational personnel; prohibiting the boards of trustees of school districts from requiring certain licensed employees on leave of absence from employment to submit fingerprints as a condition of return to employment; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By the Select Committee on Energy:
Assembly Bill No. 661—AN ACT relating to energy; changing the office of commissioner of the public utilities commission of Nevada from an appointed to an elected office; establishing separate procedures for the filing and approval of changes in rates by certain electric utilities; authorizing certain electric utilities to use deferred accounting; providing for the levy of a one-time assessment on certain electric generating plants; requiring the public utilities commission of Nevada to consider in certain circumstances whether the construction of a new electric generating plant will increase the amount of electricity that is available for purchase in this state; requiring a public utility that purchases electricity for resale pursuant to multiple agreements to ensure to the extent practicable that the duration of such agreements is varied; revising the authority of the public utilities commission of Nevada to regulate mergers, acquisitions and other transactions involving public utilities, holding companies and other entities; making various changes with respect to net metering; establishing a program for the issuance of bonds to pay the cost of renewable energy generation projects; creating the task force for renewable energy; prescribing the membership and duties of the task force for renewable energy; creating the trust fund for renewable energy; transferring control of the Nevada state energy office from the director of the department of business and industry to the bureau of consumer protection in the office of the attorney general; allocating to the housing division of the department of business and industry for use by the administrator of the division for a program for weatherization certain proceeds of a county tax attributable to growth in assessed valuation; prohibiting certain transactions entered into by certain utilities and holding companies; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Select Committee on Energy.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 14; Assembly Joint Resolution No. 2; Senate Concurrent Resolution No. 23.
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 Sarah Chandler, Jerry Taylor, Gino Del Signore, Rosemary Bukowski, Betty Squires, John Squires, Ruth Burnes, Byron Johnson, Eloise Todi, Rae Bucci, Don Bucci, Jo Ann Stewart, June Rivers, Jane Smedes, Jane O’Hara, Evelyn Gregory, Frank Gregory, Joan Forgatsch, L Nora Weaver, Don Dixon, Bob Kopacz, Helen Kopacz, Luci Gray, Betty Giano, Ray Hildebrand and Ester Hildebrand.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Ester J. Langston.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to W. Stewart Gibbons.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Will Hull.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Todd Moody, Rick Perry, Chris Escobar, Kay Long and Souta Ki Ku Chi.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to William Horne.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Lenny Sue Tinseth, Eli Tinseth, Abby Tinseth, Ross Tinseth, Tammy Claughton, Jessica Claughton, Bethany Claughton, Cindy Simpson, Whitney Simpson, Josiah Simpson, Jeremiah Simpson, Benjamin Simpson, Matthew Simpson, Holly Tollefson, Matt Tollefson, Tim Tollefson, Andrew Tollefson, Jacob Krebaum, Gina Pate, Zachariah Calverly and Samuel Calverly.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Janet Trant.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Blake Johnson.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Henry Neth and Donna Campbell.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Maria Esther Madrid.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to William Donlan.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Naomi Millisor and Harriet Trudell.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Julio Landero and Joni Reid.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Christopher Kahmis.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, March 27, 2001 at 11:30 a.m.
Motion carried.
Assembly adjourned at 4:10 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon