THE SIXTY-FIRST DAY
Carson City (Friday), April 6, 2001
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Carpenter, Hettrick, Mortenson and Tiffany.
Prayer by the Chaplain, Pastor Patrick Propster.
The Lord declares in Jeremiah 29:11-13: “For I know the plans that I have for you, plans for welfare and not for calamity to give you a future and a hope. Then you will call upon Me and come and pray to Me, and I will listen to you. And you will seek Me and find me, when you search for Me with all of your heart.” Lord, may Your plans for us be the same. Grant these that gather here today Your divine wisdom and direction. Give them clarity of vision for the prosperity of this state. May they be the examples of our hopeful future, which is in Your hands. We ask this in Your Sovereign and Holy Name.
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 Education, to which was referred Assembly Bill No. 659, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Education, to which was referred Assembly Bill No. 28, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Education, to which was referred Assembly Bill No. 201, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Concurrent Committee on Education, to which were referred Assembly Bills Nos. 374, 378, 450, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 538, 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
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 381, 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
Mr. Speaker:
Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ellen M. Koivisto, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 377, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 34, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 55, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 162, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 174, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 361, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 229, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 5, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 318, 406.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 34, 70, 87, 93, 100, 124, 172, 179, 281, 286, 336.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 34.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 70.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 87.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 93.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 100.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 124.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 172.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 179.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 281.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 286.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 318.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 336.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 406.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 26.
Bill read second time and ordered to third reading.
Assembly Bill No. 44.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 61.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 3, line 1, by deleting “30” and inserting “7”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 7 as sections 3 through 5.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; revising the provisions governing maintenance of files of claims at the office of an insurer; requiring insurers, organizations for managed care and certain employers to notify an injured employee if a medical bill submitted on his behalf is denied and that the injured employee has a right to appeal the denial; and providing other matters properly relating thereto.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Dini moved that upon return from the printer Assembly Bill No. 44 be placed on the Chief Clerk’s desk.
Motion carried.
Assembly Bill No. 48.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 62.
Amend sec. 3, page 2, line 7, by deleting:
“of the employer”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 113.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 201.
Amend section 1, page 2, between lines 25 and 26, by inserting:
“The Nevada High School Rodeo
Association or its successor may grant a portion of the proceeds it receives
pursuant to this subsection to one or more high school rodeo associations
established in this state for the support of those associations.”.
Amend sec. 2, page 3, line 15, by deleting “vehicle privilege” and inserting “governmental services”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 230.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 125.
Amend sec. 2, page 1, line 15, by deleting “Indian” and inserting “native American”.
Amend sec. 2, page 2, lines 2, 10 and 23, by deleting “Indian” and inserting “native American”.
Amend sec. 3, page 2, by deleting line 35 and inserting:
“(a) At least one person who is a member of a native American tribe in this state and who is appointed from a list of nominees from the Inter-Tribal Council of Nevada, Inc.;”.
Amend sec. 3, page 2, line 40, by deleting “resources; and” and inserting “resources;”.
Amend sec. 3, page 2, line 42, after “(f)” by inserting:
“At least one person who is a representative of the mining industry;
(g) At least one person who is actively engaged in ranching; and
(h)”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Assemblyman de Braga moved that upon return from the printer Assembly Bill No. 230 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 367.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 154.
Amend sec. 3, page 1, by deleting lines 17 through 19 and inserting:
“(e) Not more than four members from private industry appointed by the governor who are experts in the field of information technology and are residents of this state.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that upon return from the printer Assembly Bill No. 367 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 394.
Bill read second time and ordered to third reading.
Assembly Bill No. 406.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 156.
Amend sec. 4, page 4, line 10, by deleting “Carlin Township” and inserting:
“incorporated City of Carlin”.
Amend sec. 4, page 4, line 17, by deleting “Carlin Township;” and inserting:
“City of Carlin;”.
Amend sec. 4, page 4, line 18, by deleting “Carlin Township” and inserting:
“City of Carlin”.
Assemblyman Lee moved the adoption of the amendment.
Remarks by Assemblyman Lee.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 441.
Bill read second time and ordered to third reading.
Assembly Bill No. 534.
Bill read second time and ordered to third reading.
Assembly Bill No. 580.
Bill read second time and ordered to third reading.
Assembly Bill No. 587.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 6.
Bill read third time.
Remarks by Assemblyman Cegavske.
Roll call on Assembly Bill No. 6:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 200.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 200:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 200 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 217.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 217:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 217 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 326.
Bill read third time.
Remarks by Assemblymen Goldwater and Von Tobel.
Roll call on Assembly Bill No. 326:
Yeas—34.
Nays—Angle, Gustavson, Von Tobel—3.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 326 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 365.
Bill read third time.
Remarks by Assemblymen Smith and Bache.
Roll call on Assembly Bill No. 365:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 365 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that Assembly Bill No. 266 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 380.
Bill read third time.
Remarks by Assemblymen Bache, Dini, Angle, Williams and Giunchigliani.
Potential conflict of interest declared by Assemblymen Anderson, Bache, Giunchigliani and Parnell.
Roll call on Assembly Bill No. 380:
Yeas—35.
Nays—Angle, Gustavson—2.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 380 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 433.
Bill read third time.
Remarks by Assemblymen Neighbors and Goldwater.
Roll call on Assembly Bill No. 433:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 433 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 481.
Bill read third time.
Remarks by Assemblymen Chowning, Von Tobel and Bache.
Roll call on Assembly Bill No. 481:
Yeas—24.
Nays—Arberry, Bache, Beers, Brower, Buckley, Dini, Giunchigliani, Goldwater, Leslie, Manendo, Neighbors, Smith, Williams—13.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 481 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 631.
Bill read third time.
Remarks by Assemblymen Ohrenschall and Dini.
Roll call on Assembly Bill No. 631:
Yeas—37.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany—5.
Assembly Bill No. 631 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 650.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 650:
Yeas—36.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany, Williams—6.
Assembly Bill No. 650 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 1.
Resolution read third time.
Remarks by Assemblyman Cegavske.
Roll call on Assembly Joint Resolution No. 1:
Yeas—36.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany, Williams—6.
Assembly Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 266.
Bill read third time.
Remarks by Assemblymen Arberry, Koivisto, Smith, Humke, Gustavson, Bache and Buckley.
Potential conflict of interest declared by Assemblymen Koivisto, Smith and Humke.
Roll call on Assembly Bill No. 266:
Yeas—36.
Nays—None.
Excused—Berman, Carpenter, Hettrick, Mortenson, Tiffany, Williams—6.
Assembly Bill No. 266 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 20.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Bennett.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Phyllis Henderson.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Mae Malatesta.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Nathan Taylor, Jane Ham and Arlene Wilson.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Johnson and Nate Lommori.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Devin Katsimbras and Alisha Katsimbras.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Andrew Hillyer, Rene Childs, Rachel Clingan, Shane Thacker and Joan Westover.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Stephen McFarland, Rick Pawkowski, Lenelle McAlpin, Gary Scrimpsher, Michelle McCoy Kennedy, James Bennett, Patricia Puchert, John Howe, Elizabeth Howe, Loran Logan, Christopher Logan, Betty Peters, Robert Bledsaw, Chester Buchanon, Lady Joy Lawson, Pat Lantz, Sue Cobbs, Patricia Keough, Lynda Allen, Dorothy Headrick, J.J. McDonald, Paula McDonald, Larry Pizorno, Sharon Pizorno, William Glenn, Helen Glenn, Bettylu Hopkins, William Brainard, Marilyn Brainard, Don Mitchell, Katrina Bledsaw, Robert Bledsaw and Danielle Bledsaw.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy Maslach, Bobbi Hommel and Deborah Westcoatt.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Robert Daugherty, Dawn Serafin, Sharon Cruz, Kim Roepke, Dian Vanderwell, Carol Dial, Dick Dial, Wyatt Roepke, Ethan Roepke, Joshua Root, Chris Spiteri, Steven Ferrari, Kristal Dodge, Eric Kuzemchak, Naomi Johnson, Kindel Vanderwell, Devyn Gruhn, Candace Jones, Brianne Roepke, Megan Cheek, Melissa Darrow, Jeff Williams, Nick Bailey, Rita Vannoy, Courtney Williams, Jonathan Oldham, Jeanette Salles, Zharayah Bennett, Jennifer Rheffing, Jessica Rheffing, Devin Shaw, Brandon Anderson, Corajoy Sutton, Warren S. Anderson, Robbie Heckman, Daniel Loftis, Brittany Neely, Terra Neely, Emily Lovato, Joshua Loftis, Marylee Neeley, Robby Bradshaw, Zanaan Bennett, Chelsea Bosworth, A.J. Roepke and Kyla Holt.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, April 9, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:26 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon