THE EIGHTY-FIFTH DAY
Carson City (Monday), April 30, 2001
Assembly called to order at 11:34 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Collins, Freeman, Giunchigliani and Parnell, who were excused.
Prayer by the Chaplain, Reverend Jeffrey Paul.
O fountain of all wisdom, whose will is good and gracious, and whose law abides in all creation: we beseech You so to guide and bless the members of this Assembly, that they may enact such laws as shall sustain the earth; open our hearts and minds to Your grace and Your truth, to Your glory and the welfare of Your people; in Your Name we pray.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 60, 152, 155, 164, 312, 334, 347, 472, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 124, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Taxation, to which was referred Senate Bill No. 203, 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 Concurrent Committee on Taxation, to which was referred Senate Bill No. 65, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David E. Goldwater, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 27, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 415.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 56, 83, 123, 133, 211, 216, 238, 273, 274, 303, 357, 394, 412, 424, 425, 498, 503, 513, 516, 520, 523, 535, 539, 558.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Notice Of Waiver
April 27, 2001
A Waiver requested by: Assembly Select Committee on Energy.
For: Assembly Bill No. 661.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
With the following conditions:
May only be passed out of final committee of house of origin on or before May 04, 2001.
May only be passed out of house of origin on or before May 11, 2001.
Has been granted effective: April 27, 2001
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
By the Committee on Government Affairs:
Assembly Joint Resolution No. 14—Proposing to amend the Constitution of the State of Nevada to remove the requirement that the Legislature fix the compensation of elected county officers.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 32 of article 4 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties . [and compensation.] County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
Assemblyman Bache moved that the resolution be referred to the Concurrent Committees on Government Affairs and Constitutional Amendments.
Motion carried.
Assemblywoman Buckley moved that the reading of Histories on Senate bills on Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 56.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Elections, Procedures, and Ethics and Transportation.
Motion carried.
Senate Bill No. 83.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 123.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 133.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 211.
Assemblywoman Buckley moved that the bill be referred to the Select Committee on Energy.
Motion carried.
Senate Bill No. 216.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 238.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 273.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 274.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 303.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 357.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 394.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 412.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 415.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 424.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 425.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 498.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 503.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 513.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 516.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 520.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 523.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 535.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 539.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 558.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 93.
Bill read second time and ordered to third reading.
Senate Bill No. 100.
Bill read second time and ordered to third reading.
Senate Bill No. 260.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 606.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 18 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.
(d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 16 and 18 years [who] if:
(1) He has completed a course [:
(1) In] in automobile driver education pursuant to NRS 389.090 [; or
(2) Provided] or a course provided
by a school for training drivers licensed pursuant to NRS 483.700 to 483.780,
inclusive, if the course complies with the applicable regulations governing the
establishment, conduct and scope of automobile driver education adopted by the
state board of education pursuant to NRS 389.090 [,
and
who has] ;
(2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280 [. The] ;
(3) He has held an instruction permit for not less than 6 months before he applies for the license; and
(4) His parent or legal guardian [of a person who desires to obtain a license pursuant to this paragraph must sign and submit] has signed and submitted to the department a form provided by the department which attests that the person who [desires a] wishes to obtain the license has completed the training and experience required by this paragraph.
(e) A license to a person who is between the ages of 16 and 18 years if:
(1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;
(2) The public school does not offer automobile driver education;
(3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; [and]
(4) He has held an instruction permit for not less than 6 months before he applies for the license; and
(5) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who [desires a] wishes to obtain the license has completed the experience required by subparagraph (3).
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:
“Sec. 5. NRS 389.090 is hereby amended to read as follows:
389.090 1. The state board shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.
2. The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.
3. The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in the school district.
(b) Pupils enrolled in summer classes conducted in high schools in the school district.
A board of trustees
maintaining courses in automobile driver education shall insure against any
liability arising out of the use of motor vehicles in connection with those
courses. The cost of the insurance must be paid from available school district
funds.
4. A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.
5. Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.
6. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in:
(a) Motor vehicle insurance.
(b) The effect of drugs and alcohol on an operator of a motor vehicle.
7. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must be restricted to pupils who are [sophomores, juniors or seniors in high school.] at least 15 years of age.”.
Amend the bill as a whole by renumbering sec. 5 as sec. 8 and adding a new section designated sec. 7, following sec. 4, to read as follows:
“Sec. 7. The amendatory provisions of section 1 of this act do not apply to a person who was issued an instruction permit before July 1, 2001.”.
Amend the title of the bill, fourth line, after “epileptic;” by inserting:
“providing that courses in automobile driver education in public schools must be limited to pupils who have attained a certain age;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to drivers’ licenses and identification cards. (BDR 43‑1170)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Goldwater, Arberry and Anderson.
Amendment adopted on a division of the House.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 282.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bill No. 110 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
REMARKS FROM THE FLOOR
Assemblyman Dini requested that his remarks be entered in the Journal.
On July 1, 2001, John Lilley will become the 14th president of the University of Nevada, Reno. He will follow President Emeritus and Regents Professor, Joe Crowley, who held the position for 23 years. President-designate Lilley continues the University’s commitment to the highest possible quality and taking it to the next level of national recognition as a major research, land-grant institution serving the citizens of Nevada and a larger international audience.
Dr. Lilley has been provost and chief executive officer at Penn State Erie since 1980. He received his bachelor’s and master’s degrees from Baylor University and his doctorate from the University of Southern California. He began his career in higher education at the Claremont Colleges and taught and became administrator at Kansas State University.
Welcome to the Nevada Legislature.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 176, 293, 441; Assembly Joint Resolutions Nos. 1, 4; Assembly Resolutions Nos. 11, 12; Senate Bill No. 271; Senate Concurrent Resolutions Nos. 7, 17.
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 Ruby Roach and Kirk Kleinschmidt.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Robin Camacho, Bob Frankenberg and Joy Erikson.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Kenneth Wamsley and Karen Rudd.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Josh Underwood and Jennifer Thomas.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Robin Williams, Julia Anderson, Jenny Ayala, Cassandra Field, Jared Moser, Brian Bailey, Jason Coleman, Rachel Conrad, Brittany Freeman, Vanessa Fugate, Kristina Knowles, Ismael Madrigal, Maria Moreno, Luis Ramirez, Jennifer Robinson, Jennifer Schepperle, Traci Trenoweth, Rebecca Collins, Erik Achenbach, Danny Aldis, Lewis Evans, Jared Madison, Peter McGuinness, Lynzie Ruecker, A.J. Runzel, Cheyne Snyder, Pamela Toohey, Richard Woodward and Laura Wulff.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Richard Hardman.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, May 1, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:06 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon