NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDREDTH DAY
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Carson City (Tuesday), April 29, 1997
Assembly called to order at 11:27 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Buckley, who was excused.
Prayer by the Chaplain, Pastor Lary Rothchild.
Lord Jesus. In the stillness of this moment, grant to each of us an awareness of Your presence and a recognition of Your wisdom and courage to pursue Your will. Ordain that who we are and what we do here will be a reflection of Your presence and Your wisdom and Your will.
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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Concurrent Resolution No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 214, 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 Committee on Government Affairs, to which was referred Assembly Bill No. 310, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 280, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 114, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 115, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Labor and Management.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Senate Bill No. 125, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 77, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 310 be re-referred to the Committee on Ways and Means.
Motion carried.
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, April 28, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 49, 51, 52, 106.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 20.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 419--An Act relating to gaming; making various changes to the provisions governing the regulation of gaming; 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. 420--An Act relating to sanity commissions; transferring the duty to establish the compensation of the members of such a commission from the judge impaneling the commission to the administrator of the mental hygiene and mental retardation division of the department of human resources; 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. 421--An Act relating to tortfeasors; revising the provisions governing the effect of a release or covenant not to sue; 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. 422--An Act relating to records of criminal history; adding a representative of the office of court administrator to the membership of the advisory committee for the uniform program for reporting crimes; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Sandoval (by request):
Assembly Bill No. 423--An Act relating to evidence; providing for the admissibility under certain circumstances of the testimony of a witness who previously has undergone hypnosis; and providing other matters properly relating thereto.
Assemblyman Sandoval moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 424--An Act relating to counties; authorizing smaller counties to employ private legal counsel to prosecute or defend certain civil actions; 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. 425--An Act relating to public officers; providing that a vacancy arises if a local officer is unable for a certain period to perform his duties; requiring local governments to insure against shorter disabilities; 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. 426--An Act relating to metropolitan police departments; requiring specific legislative authorization for the issuance of general obligations to finance capital improvements for metropolitan police departments; 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 Judiciary:
Assembly Bill No. 427--An Act relating to civil actions; changing the limit of time within which actions for malpractice may be commenced against accountants, accounting firms, attorneys and veterinarians; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Joint Resolution No. 5.
Resolution read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 256.
Amend the resolution, page 1, line 2, by deleting "section 2" and inserting:
"sections 2 and 33".
Amend the resolution, page 1, by deleting lines 5 through 14 and inserting:
"Sec. 29A. The Legislature shall adjourn sine die each:
1. Regular session in an:
(a) Odd-numbered year not later than midnight in the Pacific standard time zone 120 calendar days following its commencement. Any legislative action taken in a regular session in an odd-numbered year after midnight in the Pacific standard time zone on the 120th calendar day is void.
(b) Even-numbered year not later than midnight in the Pacific standard time zone 45 calendar days following its commencement. Any legislative action taken in a regular session in an even-numbered year after midnight in the Pacific standard time zone on the 45th calendar day is void.
2. Special session not later than midnight in the Pacific standard time zone 20 calendar days following its commencement. Any legislative action taken in a special session after midnight in the Pacific standard time zone on the 20th calendar day is void.
Sec. 2. [The]
1. Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [3rd Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.] first Monday of March.
2. The Governor, by proclamation:
(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.
(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.
3. The Governor shall submit:
(a) In odd-numbered years, the proposed executive budget; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,
to the Legislature not later than 30 calendar days before the commencement of the regular session.
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session ; [convened by the governor;] but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.".
Amend the resolution, page 1, after line 15, by inserting:
"Resolved, That section 9 of article 5 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.
And be it further
Resolved, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes , [and] amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.
4. If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.
And be it further".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Hettrick.
Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:42 a.m.
ASSEMBLY IN SESSION
At 12:11 p.m.
Mr. Speaker presiding.
Quorum present.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 153.
Bill read third time.
Remarks by Assemblymen Lambert and Goldwater.
Potential conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 153:
Yeas--41.
Nays--None.
Excused--Buckley.
Assembly Bill No. 153 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 211.
Bill read third time.
Remarks by Assemblymen Williams and Chowning.
Roll call on Assembly Bill No. 211:
Yeas--40.
Nays--None.
Excused--Buckley.
Not voting--Marvel.
Assembly Bill No. 211 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 285.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 285:
Yeas--41.
Nays--None.
Excused--Buckley.
Assembly Bill No. 285 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 362.
Bill read third time.
Remarks by Assemblyman Ernaut.
Roll call on Assembly Bill No. 362:
Yeas--41.
Nays--None.
Excused--Buckley.
Assembly Bill No. 362 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 106.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 106:
Yeas--40.
Nays--None.
Excused--Buckley.
Not voting--Carpenter.
Senate Bill No. 106 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 8.
Resolution read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Joint Resolution No. 8:
Yeas--41.
Nays--None.
Excused--Buckley.
Senate Joint Resolution No. 8 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Price, Ohrenschall, Lee, Collins, Nolan, Humke, Sandoval, Manendo, Segerblom, Williams, Carpenter, Gustavson, Koivisto, Braunlin, Buckley, Evans, Cegavske, Neighbors, Amodei, de Braga, Close, Ernaut, Perkins, Anderson, Freeman, Chowning, Parks, Giunchigliani, Lambert, Mortenson, Bache, Herrera, Goldwater, Krenzer, Berman, Von Tobel, Marvel, Tiffany and Hickey:
Assembly Bill No. 428--An Act relating to meetings of public bodies; prohibiting a majority of the members of a public body from developing a collective consensus on matters except in open and public meetings; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Williams, de Braga, Herrera, Arberry, Goldwater, Buckley, Price, Neighbors, Freeman, Segerblom, Manendo, Berman, Bache, Amodei, Ohrenschall, Giunchigliani, Koivisto, Braunlin, Parks, Lambert, Perkins, Tiffany, Hickey, Evans, Krenzer, Cegavske, Sandoval, Mortenson, Collins, Ernaut, Hettrick and Chowning:
Assembly Bill No. 429--An Act making an appropriation to the Department of Employment, Training and Rehabilitation for the support of programs relating to child care; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objection, the Speaker and Chief Clerk signed Assembly Bills Nos. 1, 7, 18, 105, 107, 108, 127; Senate Bills Nos. 64, 88, 146; Senate Concurrent Resolutions Nos. 28, 29.
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 Kathryn Horlacher and Fred Horlacher.
On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Kay Dwyer and Pauline Baker.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to John Dewitz.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Shannon Couk, Anthony Diaz, Melissa Keesee, Robert Rockholt, Camille Sanders, Jose Silvera, Tony Vanosdall, Cindy Allen, Layne Christopher, Michael Gentry, Danny Hansen, Joshua Johnson, Tiffany Keller, Michael Ugalde, Nicole Brock, Kera Claar, Cecil Courtney, William Douglas, Sherri Johnson, Dea Minnitte, Bud Minto, Gabriela Munoz, Daniel Newton, Matthew Robinson, Douglas Scott, Nelson Silvera, Robert Victory, Michael Douglas, Thomas Herman, Kristy Johnson, Nathan Keller, Gabriel Morales, Michael Painter, Tyrel Aberasturi, Erik Beveridge, Lorne Christopher, Joshua Constable, Thomas Dewitt, James Gentry, Marie Graves, Stacy Lee, Alison Mull, Bryan Price, Rebecca Smith, Jeramy Whitecliff, Jennifer Chason, Carin Clark, Kelly Dudal, Lorraine McKnight, Julie Odaye, Paul Painter, Nichole Timothy, Timmothy Conley, William Courtney, Joel Turnbow, Ken Quinn, Doug Walsh, Norm Waller, Barrie Minnitte, Gary Schenhour, Randy Ashley, Rex Bertinison and Vicki Warner-Huggins.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Sears and Rae Smalley.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Jacqueline Sylvester.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 30, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:34 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly