NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND EIGHTH DAY
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Carson City (Wednesday), May 7, 1997

Assembly called to order at 11:07 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce M. Henderson.
O Lord, it must be springtime. Birds are singing, flowers are blooming, grass is greening and yesterday I got sprayed by a lawn sprinkler! It must be springtime. May the same joy, warmth and renewed vitality be found in us, too. We pray in the name of our Lord who gives life.

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 Judiciary, to which were referred Assembly Bill No. 361; Assembly Joint Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 35, 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

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, May 6, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 294, 313.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 253.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 66 and requests a conference, and appointed Senators O'Donnell, Porter and Schneider as a first Committee on Conference to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

unfinished business
Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Parks, Hickey and Lee as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 66.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 461--An Act relating to education; creating a committee to study the funding of higher education; providing for its organization, powers and duties; 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 Assemblymen Buckley, Goldwater, Perkins, Giunchigliani, Herrera, Williams, Manendo, Freeman, Amodei, Lee, Koivisto, Braunlin, Lambert, Bache, Hettrick, Ernaut, Collins, Chowning, Mortenson, Sandoval, Krenzer, Price, Cegavske, Evans, Hickey, Tiffany, Segerblom, Marvel, Neighbors, de Braga, Berman, Arberry and Anderson:
Assembly Bill No. 462--An Act relating to gaming; providing in skeleton form for a credit against certain gaming fees for gaming licensees who develop affordable housing; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.

Senate Bill No. 253.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

Senate Bill No. 294.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.

Senate Bill No. 313.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 136.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 282.
Amend section 1, page 1, by deleting lines 10 through 13 and inserting:
"(e) The type of coverage provided;
(f) The amount of the initial, highest and last reserves of an insurer for each claim before final resolution of the claim by settlement or trial;".
Amend section 1, page 2, line 1, after "2." by inserting:
"The commissioner shall submit with his report to the legislature required pursuant to NRS 679B.410, a summary of the information collected pursuant to this section.
3.".
Amend the title of the bill, second line, by deleting "and maintain" and inserting:
", maintain and report to the legislature".
Amend the summary of the bill, first line, by deleting "and maintain" and inserting:
", maintain and report to legislature".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 171.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 299.
Amend section 1, page 1, by deleting lines 9 through 11 and inserting:
"(c) A state policy, interpretation or finding of general applicability that an agency applies to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.".
Amend section 1, pages 1 and 2, by deleting line 17 on page 1 and line 1 on page 2 and inserting:
"[4.] (d) A manual of policies and procedures, or a manual of audit procedures, of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with any federal or state statute or regulation;
(e) An agency decision or finding in a contested case; [or
5.] (f) An advisory opinion issued by an agency that is not of general applicability;
(g) An interpretation of an agency that has specific statutory authority to issue interpretations;
(h) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity; or
(i) A regulation concerning the use of public roads or facilities which".
Amend sec. 2, page 2, line 3, by deleting "1997." and inserting:
"1997, for the purpose of adopting regulations to comply with the amendatory provisions of subsection 1 of this act and on January 1, 1998, for all other purposes.".
Amend the title of the bill to read as follows:

"An Act relating to administrative procedure; revising the definition of "regulation" for purposes of the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises definition of "regulation" for purposes of Nevada Administrative Procedure Act. (BDR 18-446)".
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 333.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 270.
Amend section 1, page 1, line 2, by deleting "and 3" and inserting:
", 3 and 4".
Amend sec. 3, page 2, by deleting lines 10 through 13 and inserting:
"agency to ensure compliance with:
1. The federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659; and
2. The state safety regulations for rail fixed guideway systems adopted pursuant to section 4 of this act.".
Amend the bill as a whole by renumbering sections 4 through 8 as sections 5 through 9 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. The department of transportation shall adopt regulations to:
1. Establish state safety standards for rail fixed guideway systems in addition to the federal standards set forth in 49 C.F.R. Part 659.
2. Carry out its duties pursuant to section 3 of this act.".
Amend sec. 5, page 4, line 13, after "maintain" by inserting:
", or any combination thereof,".
Amend sec. 5, page 4, line 41, after "maintain" by inserting:
", or any combination thereof,".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning and Parks.
Conflict of interest declared by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 81.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 301.
Amend section 1, page 1, by deleting line 7 and inserting:
"2. A district attorney or a peace officer shall [give] serve reasonable notice [to] upon a".
Amend section 1, page 1, line 12, after "5" by inserting "judicial ".
Amend the title of the bill by deleting the first and second lines and inserting:

"An Act relating to grand jury proceedings; making various changes concerning notice that must be given to a person whose indictment is being considered by a grand jury; and".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes concerning notice to person whose indictment is being considered by grand jury. (BDR 14-662)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 90.
Bill read second time and ordered to third reading.

Senate Bill No. 153.
Bill read second time and ordered to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 225, 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

Assemblywoman Giunchigliani moved that Assembly Joint Resolution No. 5 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 315 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Hettrick moved that Assembly Bill No. 374 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 67.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 300.
Amend section 1, page 1, line 15, by deleting "[$4] 5 " and inserting "4".
Amend section 1, page 2, line 24, by deleting "10" and inserting "15".
Amend section 1, page 2, line 28, by deleting "[3] 5 "and inserting "3".
Amend section 1, page 2, line 31, by deleting "[12] 15 "and inserting "12".
Amend section 1, page 2, line 37, by deleting "[1] 2 "and inserting "1".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 408.
Bill read third time.
Remarks by Assemblymen Bache, Lambert, Evans, Von Tobel, Humke, Collins and Price.
Potential conflict of interest declared by Assemblymen Anderson, Arberry, Bache, Giunchigliani, Koivisto, Lambert, Neighbors, Parks, Perkins, Segerblom, Von Tobel and Williams.
Roll call on Assembly Bill No. 408:
Yeas--42.
Nays--None.
Assembly Bill No. 408 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 272.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 272:
Yeas--42.
Nays--None.
Senate Bill No. 272 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 5.
Resolution read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 304.
Amend the resolution, page 4, between lines 37 and 38, by inserting:
"And be it further
Resolved, That the explanation prepared pursuant to NRS 218.443 for this constitutional amendment must include a statement that, if the qualified electors of this state approve the constitutional amendment proposed by this resolution, legislators would then be entitled to receive, during each regular, annual session, compensation for each calendar day of service up to a maximum of 60 calendar days.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Resolution ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 315.
Bill read third time.
The following amendment was proposed by Assemblywoman Ohrenschall:
Amendment No. 239.
Amend section 1, page 1, line 13, by deleting "restitution," and inserting:
"restitution [,] or any other order of a court for the payment of a sum of money,".
Amend the title of the bill, second line, after "discharge;" by inserting:
"requiring such a probationer to remain liable for any unpaid sum of money ordered by a court;".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes concerning dishonorable discharge from probation.".
Assemblywoman Ohrenschall moved to withdraw the amendment.
Remarks by Assemblymen Ohrenschall and Carpenter.
Amendment withdrawn.
Roll call on Assembly Bill No. 315:
Yeas--41.
Nays--Carpenter.
Assembly Bill No. 315 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 191, 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 Committee on Education, to which was re-referred Assembly Bill No. 205, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Transportation.

Wendell P. Williams,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Williams moved that Assembly Bill No. 205 be re-referred to the Committee on Transportation.
Motion carried.

REMARKS FROM THE FLOOR

Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Krenzer:
It is a pleasure for me to introduce today, Dr. Bernard Feldman. Dr. Feldman is the past chairman of the Governor's Advisory Board on Maternal and Child Health. He is currently the president and vice chair of the Department of Pediatrics at the University of Nevada School of Medicine, the chair of the Nevada State Board of Health and the president of the Clark County Medical Society.
Dr. Feldman was the first neonatologist in the State of Nevada, and for 20 years, he was the director and pioneer of the Neonatal Center at Sunrise Hospital. He has saved the lives of many, many preemies and single-handedly developed a program that continues today. He is a great humanitarian and my hero. Please make Dr. Feldman feel welcome.
Assemblyman Nolan:
I would also like to mention something about our guest with Ms. Krenzer today. Not many people know that Dr. Feldman was one of the professionals who worked at Bethesda Naval Hospital at the time that John F. Kennedy and Jacqueline Kennedy's first child was born prematurely and rushed to that hospital. He was one of the experts who were sought to come in and treat that child's illnesses. Unfortunately, the Kennedys' first child expired, but as a result of that, Dr. Feldman helped pioneer the use of surfactant, which now saves many children's lives in those same circumstances. We are very fortunate in this state to have somebody of his caliber amongst us and working on our own premature children. Thank you, Dr. Feldman, for all that you've done for the children of this state.

UNFINISHED BUSINESS
Signing of Bills and Resolutions

There being no objection, the Speaker and Chief Clerk signed Senate Bill No. 65; Senate Concurrent Resolutions Nos. 33, 34.

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 Mary Sanada.

On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Jerilyn Underwood.

On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Jean VanPeborgh.

On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Irene Chachas, Lee Ann Parker, Hiedi Baker, Christi Brunson, Catherine Chachas, Angie Laird, Mindy Bowen, Dianne Wagers, Cindy Rowly, Carolyn Gardner, Karen Steed, Amber Cardwell, Erica Willis, Amber Anderson, Joyce Jewett, Samantha Jewett, Joette Eldridge, Natasha Leavitt, Amy Herrann, Katie Gianoli, Krista Marques, Karla Hansen, Dana Goerge, Rachel Perkins, Krystle Carney, Rene Hanser, Darcy Johner, Carol Allen, Roxanne Allen, April Peterson, Taylor McStay, Eileen Davis, Natasha Ramsey, Amy Calderwood, Beth Davis, Kelly Neven, Melisa Jacobsen, Brandy Gergen, Mari Nakashima, Gorgina Pankey, Cortney Rosevear, Bruce Hendrix, Trina Youngblood, Michelle Liverani, Pamela Fair, Kim Jirak, Melody Hunting, Kairee Miller, Fred Baca, Maria Trowbridge, Tia Danner, Amanda Ramseth, Sarah Brewer, Amber Robinson, Melissa Baca, Caroline Hilton, Jeff Hoff, Mich O'Conner, Eric Loghry, Kurtis Rycovich, K. C. Seely, Garrett Stokes, Jim Dalton, Michael Nelson, Travis Johnson, Kris Costello, Mason Danner, Nate Hall, Rocky Eskey, Tracy Goodrich, Taylor Goodrich, Terrence Mike, Jeremy Mundwiller, Kyle Edmo, Joey Winsor, Ronnie Walker, Scott Shakespear, Danial Pay, Ron Martin, Mike Orillo, Tony Owens, Matt Makinen, Kris Pooley, Colleen Goff, Elliot Hume, Tim Robertson, Justin Zappe, Marko Palczewski, Michael Davis, Jr. Muniz, Gene McNutt, Adam McNutt, Clay McDaniel, John Haskins, Chris Jones, D. M. Vasquez, Johathan Romero, Debbie Fairman, Jonathan Fairman, Geoff McLaughlin, Eric Pay, Coy Munson, Derek Boudreauz, Andrew Gilson, Larry Manning, Jacob Manning, Thomas Gubler, Chris Bullock, Casey Norcross, Corie Goff, Rory MacLeod, Donna Gubler, Jeremy McDonough, Andy Overson, John Ogden, Jimmy Robinson, Aaron Robison, Nancy Dunn, Nathan Dunn, Rober Reed, Brian Wagers, Jamin Hansen, Nathan Robertson, Kelley Tolbert, Nancie Provost, Tony Provost, Eric Corona, Blake Moulton, Joseph Gonzales, Adam Schoofs, Matt Aquirre and Mark Dolezal.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Vivian Pickett Mouryne, Dini, Alice Downer, Lorraine Frolich, Edie Grub, Velda Kennedy, Deborah Klara, Marion Miles, Mary Sequin and Ada Sequin.

On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Judy Spees, Patty Glenn, Carolyn Ehrler, Meri Gaston, Peggy Winner, Lisa Emerson, Mary Jean Van Peborgh, Sandy Masters, Clare Britton, Elinor Lindberg, Lois Orr, Dee Olson, Mary Jarler, Sue Dale, Gail van den Berg, Joann McQuerry, Joanne McAteer, Mary Du Bois, Ann Conway, Carey Conway, Lorri Waldman and Lorraine Jackson.

On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Vivian Roth, Barbara Frederick, Jean O'Connor, Anne Eastman, Ide May Neahood, Lorraine Glover, Norm Glover, Annette Sprecker, Janet Zintek, Margaret Branson, Robert Curtis, LaVerne Burmeister, Dorothy Goetz, Jack Goetz, Diane Dure, Gloria Castillo, Dorothy Button, Mel Clarke and Gloria Clarke.

On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Thelma Bosowski and Joyce Maddeford.

On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Rose Marie Price and LaVonne Frost.

On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Bernard Feldman.

On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Estrada.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Patrick Knight.

On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Traci Haman, Teri Rowan Kennedy, Kathie Selleck, Dave Selleck, Gayle Turner, Stevee Tegano, Xan Brosseau, Phil Bracken, Laura Bracken, Joann Beroldi, Martha Edwards, Christy Guedry, Father Bede, Rene Arceneaux, Ricky Guedry, Randall Welton, Matt Brosseau, Matt Selleck, Chris Haman, Matt Edwards, Rennie Teich, Mary Kolesar, Maggie Kolesar, Brittany Bennett, Leslie Bracken, Amber Wolfram, Vincent Tegano, Jesse Sherrod, Marc Sayre, Greg Puliz, Cole Burger, Stephanie Warpinski, Megan Ramos, Melanie Marks, Nicole Clapham, Maria Gomez, Christina Cornwell, Katie Sennes, Kristen Kennedy, Lauren Ayers, Antonia Barrett, Michelle Turner, Andrea Haag, Chiara Tanno, Tarah Callahan and Rachel Sparks.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Stacie Wilke and Janet Shepler.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Efrain Arciniega, Crystal Armstrong, Juan Basurto, Dayna Byram, Esmeralda Cartagena, Ross Collins, Jose Garcia, Courtney Hennessey, Carlos Lopez, Liezl Magan, Angelica Martinez, Elizabeth Morgan-Beesley, Matthew Moutray, Elsa Navarro, Jayson Robbins, Tracy Rodriguez, Kirstie Sapuay, Megan Soltani, Jalal Zakholy, April Aguilera, Russell Alejandria, Brianna Canfield, Michael Currie, Heather Davis, Ma Del Garcia, Dustin King, Christian Lahman, Kristina Mueller, Amanda Nolte, Leticia Ramirez, Marlene Rivera, Ivan Segoviano, Nathan Tester, Mariah Thomas, China Tillotson, Ashley Webb, Heather Woodford, Dominique Burrows, Michelle Carral, Carina Castillo, Donald Fells, Frances Franco, Celia Hernandez, Shajuanna Hodges, Erwin Lemus, Sean Madigan, Derrick Martinez, Lindsay McLaughlin, Francisco Oliden, Sandra Plascencia, Eddie Rivera, Angela Scroggins, Maria Solomon, Ashley Stone and Barbara Varga.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, May 8, 1997 at 10:45 a.m.
Motion carried.

Assembly adjourned at 12 noon.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly