NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL

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THE TENTH DAY

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Carson City (Wednesday), January 29, 1997

Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Albert Tilstra.
In this quiet moment we stand before You honestly perplexed and we feel we have to do something, and we are not sure what to do. We need Your help, O God. In our choices let us not ask, "Will it work?" but rather, "Is it right?" So we reach out to You and may we find that You are reaching down to us. So help us to listen and hear what You have to teach us. We wait on You. Thank You for hearing us today.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins 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.

Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried

Assembly in recess at 11:09 a.m.

ASSEMBLY IN SESSION

At 11:15 a.m.
Mr. Speaker presiding.
Quorum present.

SPECIAL ORDERS OF THE DAY

The hour of 11:15 a.m. having arrived, vetoed Assembly Bill No. 367 of the 68th Session was considered.

Governor's message stating his objections read.

State of Nevada
Executive Chamber

Carson City, Nevada, July 7, 1996

The Honorable Joseph E. Dini, Jr., The Honorable Lynn Hettrick, Speakers of the Assembly, Nevada State Assembly, Carson City, Nevada 89710
Dear Assemblyman Dini and Assemblyman Hettrick:
I am herewith forwarding to you, for filing within the Constitutional time limit, and without my approval, Assembly Bill 367, entitled:
AN ACT relating to the disposal of sewage; requiring state and district boards of health to avoid conflicts with statutory provisions governing general improvement districts when adopting certain regulations; and providing other matters properly relating thereto.

Assembly Bill 367 places the State Board of Health in a subservient position to General Improvement Districts when regulating sewage systems. Because of the high potential of groundwater pollution from septic systems, however, the regulation of use of individual sewage disposal systems is a core public health activity appropriately placed under the responsibility of the State Board.
Sincerely,
Bob Miller
Governor

Vetoed Assembly Bill No. 367 of the 68th Session.
Bill read.

The question was put: "Shall the bill pass, notwithstanding the objections of the Governor?"
Remarks by Assemblywoman Buckley.
The roll was called, and the Assembly sustained the veto of the Governor by the following vote:
Yeas--None.
Nays--Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams--42.

COMMUNICATIONS
Congress of the United States
House of Representatives
Washington, D.C. 20515-2802

Carson City, Nevada, January 28, 1997

Honorable Joe Dini, Speaker, Nevada State Legislature, Legislative Complex, Carson City, Nevada 89701-4747
Dear Mr. Speaker:
Congressman Jim Gibbons wishes to request the opportunity to address the Joint Session of the Legislature on Tuesday, March 25, at 11:00 a.m. If this date and time presents a conflict, please inform our Reno office at 686-5760.
Thank you.
Sincerely,
Marsha L. Berkbigler
District Director

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Hettrick, Dini, Anderson, Humke, Sandoval, Koivisto, Perkins, Buckley, Berman, Close, Herrera, Manendo, Nolan, Price, Carpenter, Tiffany, Marvel, Hickey, Arberry, Goldwater, Giunchigliani, Ernaut, Cegavske, Lambert, Von Tobel and Braunlin:
Assembly Joint Resolution No. 3--Proposing to amend the constitution of the State of Nevada to revise provisions governing the chief justice's administrative power to recall justices and judges to active service.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 19 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 19. 1. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:
(a) Apportion the work of the supreme court among justices.
(b) Assign district judges to assist in other judicial districts or to specialized functions which may be established by law.
(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause , [or defeated for retention in office,] and may assign him to appropriate temporary duty within the court system.
2. In the absence or temporary disability of the chief justice, the associate justice senior in commission shall act as chief justice.
3. This section becomes effective July 1, 1997.

Assemblyman Hettrick moved that the resolution be referred to the Committee on Judiciary.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Judiciary:
Assembly Bill No. 96--An Act relating to traffic laws; requiring an offender convicted of driving under the influence of an intoxicating liquor or controlled substance for the first time to be placed in a program of treatment for alcoholism or drug abuse 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 Assemblymen Evans, Anderson, Krenzer, Manendo, Close, Cegavske, Perkins, Mortenson, Herrera, Humke, Buckley, Braunlin, Collins, Price, Freeman, Parks, Koivisto, Segerblom, de Braga, Chowning, Ohrenschall, Lee, Goldwater, Bache, Neighbors, Berman, Lambert and Dini:
Assembly Bill No. 97--An Act relating to criminal procedure; increasing the statute of limitations for sexual assault; and providing other matters properly relating thereto.

Assemblyman Evans moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblyman Bache:
Assembly Bill No. 98--An Act relating to local governments; providing an exception for certain capital projects from the requirement of the establishment of a separate account for the extraordinary maintenance, repair or improvement of a capital project; and providing other matters properly relating thereto.

Assemblyman Bache moved that the bill be referred to the Committee on Infrastructure.
Motion carried.

By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 99--An Act relating to legislation; authorizing a board of trustees of a school district to request the preparation of a certain number of legislative measures; and providing other matters properly relating thereto.

Assemblyman 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. 100--An Act relating to elections; reducing the period for filing a declaration or acceptance of candidacy for certain candidates for public office; and providing other matters properly relating thereto.

Assemblyman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

By the Committee on Judiciary:
Assembly Bill No. 101--An Act relating to traffic laws; providing an additional penalty under certain circumstances for the operation of a vehicle in violation of weight limitations; 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. 102--An Act relating to courts; authorizing all cities and counties to provide for the imposition of an administrative assessment for the provision of court facilities in justices' and municipal courts; 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. 103--An Act relating to criminal proceedings; allowing a prosecuting attorney to use the affidavit of certain witnesses for certain purposes at preliminary examinations or grand jury proceedings; eliminating the requirement of giving a defendant notice of the intention to use certain affidavits at a preliminary examination or grand jury proceeding; 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. 104--An Act relating to district courts; increasing the number of judges in the eighth judicial district; increasing the number of the district judges that must be judges of the family court; 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:
Assembly Bill No. 105--An Act relating to the state board of architecture, interior design and residential design; authorizing the board to impose a continuing education requirement on registrants; and providing other matters properly relating thereto.

Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 106--An Act relating to employment; clarifying the provisions governing the qualifications of employees of private investigators and other persons licensed by the private investigator's licensing board; providing a civil penalty for the employment of certain nonlicensed persons by private investigators or such other licensees; and providing other matters properly relating thereto.

Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 107--An Act relating to civil penalties; clarifying the procedure for imposing a civil penalty for a violation of the provisions governing the practice of architecture, interior design and residential design; and providing other matters properly relating thereto.

Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 108--An Act relating to interior design; requiring the state board of architecture, interior design and residential design to adopt regulations governing the issuance of certificates to practice interior design; and providing other matters properly relating thereto.

Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By Assemblymen Manendo, Anderson, de Braga, Perkins, Arberry, Dini, Price, Chowning, Bache, Carpenter, Humke, Close, Cegavske, Tiffany, Buckley, Sandoval, Mortenson, Parks, Segerblom, Lambert, Herrera, Nolan, Goldwater, Collins, Lee, Koivisto, Freeman, Williams, Ohrenschall, Neighbors, Amodei, Giunchigliani, Krenzer, Herrera, Berman, Hickey, Gustavson, Braunlin, Ernaut, Evans, Von Tobel and Marvel:
Assembly Bill No. 109--An Act making an appropriation to the state public works board for the construction of a veterans' home in southern Nevada; and providing other matters properly relating thereto.

Assemblyman Manendo moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that the vote whereby Assembly Bill No. 104 was referred to the Committee on Judiciary be rescinded.
Motion carried.

Assemblyman Anderson moved that Assembly Bill No. 104 be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.

By Assemblymen Buckley, Giunchigliani, Williams, Herrera, Evans, Anderson, Freeman, Lambert, Goldwater, Perkins, Berman, Manendo, Ohrenschall, Segerblom, Koivisto, de Braga, Collins, Marvel, Neighbors, Von Tobel, Amodei, Humke, Hettrick, Ernaut, Chowning, Parks and Sandoval:
Assembly Concurrent Resolution No. 2--Expressing the Legislature's support for affordable housing for families of low income; urging local governing bodies to review and revise any zoning ordinances that may impede the development of affordable housing; urging local governing bodies to produce a regulatory environment that promotes and supports the development of affordable housing.

Assemblyman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Ben Raskin.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, January 30, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 11:38 a.m.

Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly