NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTIETH DAY
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Carson City (Monday), May 19, 1997

Assembly called to order at 11:02 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Collins, Nolan and Segerblom, who were excused.
Prayer by the Chaplain, The Reverend W. Duane Geyer.
Dear Heavenly Father, we come before You now with courage and boldness because Your word says "whosoever will, may come." We ask for the gift of Your wisdom throughout this week in the dialogue, and the decision making. May everything we do be done with truth, justice, equity and integrity. In Your Holy, Righteous and Powerful 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 Infrastructure, to which were referred Assembly Bill No. 379; Senate Bill No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 370, 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 Concurrent Committee on Judiciary, to which was referred Senate Bill No. 29, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Transportation, 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: Amend, and do pass as amended and re-refer to the Committee on Education.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 430, 446, 463, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 190, 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

By Assemblymen Anderson and Evans:
Assembly Concurrent Resolution No. 27--Memorializing a founding member of the Sparks Sertoma Club, Leroy "Frank" Gibson.
Whereas, The members of this legislative body note with sorrow and regret the passing of Leroy "Frank" Gibson, on April 20, 1996; and
Whereas, Frank Gibson was born on September 10, 1909, in the State of Indiana, and moved to Sparks, Nevada, in 1953; and
Whereas, Frank Gibson was fascinated with the history of Sparks and dedicated many hours working to preserve historical buildings and railroad memorabilia in Sparks; and
Whereas, Frank Gibson was a founding member and vice president of the Sparks Railroad Museum and Heritage Commission and was named Sparks Citizen of the Year in 1986 by the Sparks Community Chamber of Commerce for his successful efforts in collecting railroad memorabilia from homes and businesses to ensure that the City of Sparks would have its own museum; and
Whereas, In 1994, Frank Gibson was named Sertoman of the Year for his efforts to save the historic Glendale School which was built in 1864 and eventually relocated to Victorian Square where residents of the City of Sparks could have access to an important part of their heritage; and
Whereas, When it became evident that there was a serious need for the expansion of speech and hearing services to include the rural areas, Frank Gibson was instrumental in acquiring a surplus van from the Washoe County Library and after the Sertoma Club equipped the van with clinicians from the University of Nevada Department of Speech Pathology, the van traveled rural areas of Northern Nevada helping school children and senior citizens; and
Whereas, Frank Gibson was a member of the Sparks United Methodist Church, the Sparks Community Chamber of Commerce, the Sparks Railroad Museum and Heritage Commission, the Sparks Charter Committee and a charter member of the Sparks Sertoma Club; and
Whereas, Frank Gibson is survived by his daughter, Diane McCollum of Sparks, sisters, Wilma Shaw of California and Evaleen Lambert of Ohio, and brother, Fred of Illinois; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature mourn the loss of a respected Nevada citizen who gave generously of his time and resources to the residents of the City of Sparks and the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Frank Gibson's daughter, Diane McCollum.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblymen Anderson and Evans.
Resolution adopted.
Assemblyman Anderson moved that all rules be suspended and that Assembly Concurrent Resolution No. 27 be immediately transmitted to the Senate.
Motion carried unanimously.

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

Assembly in recess at 11:17 a.m.

ASSEMBLY IN SESSION

At 11:26 a.m.
Mr. Speaker presiding.
Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Labor and Management:
Assembly Bill No. 502--An Act relating to industrial insurance; providing for the electronic transmission of documents related to claims; clarifying the authority of insurers to purchase annuities for the payment of claims; clarifying the prohibition against recovering benefits unless a notice of injury and a claim for compensation are filed; prohibiting an injured employee from recovering benefits for an industrial injury or occupational disease unless he receives medical treatment for the injury or disease; revising the training requirements for hearing and appeals officers; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Labor and Management:
Assembly Bill No. 503--An Act relating to industrial insurance; expanding the circumstances under which an employee and his dependents are barred from recovering compensation; requiring an employee with a permanent partial disability to select his rating physician; expanding the circumstances under which an employee's use of a controlled substance is presumed to be the proximate cause of his injury; prohibiting a physician or chiropractor from issuing a certification of disability for any period preceding the date of an injured employee's examination; revising the standard for determining fees and charges for accident benefits; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Labor and Management:
Assembly Bill No. 504--An Act relating to industrial insurance; requiring a school district or community college to insure itself against liability for the industrial injuries and occupational diseases of a teacher who, as part of the program to provide pupils with the skills to make the transition from school to work, works without pay for an employer other than the school system or community college with which the teacher is employed; authorizing industrial insurance coverage for a pupil who works without pay as part of the program; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Labor and Management:
Assembly Bill No. 505--An Act relating to industrial insurance; transferring the authority to impose a surcharge to ensure the solvency of the state industrial insurance system to the legislative committee on workers' compensation; requiring the committee to establish the formula to calculate the surcharge based on a percentage of the total amount of claims paid for certain industrial injuries or occupational diseases; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Labor and Management:
Assembly Bill No. 506--An Act relating to employment practices; requiring the labor commissioner and the department of employment, training and rehabilitation to establish a program to assist dislocated workers; requiring a business to give advance notice of certain management decisions; requiring a business to make reports concerning such decisions; prohibiting certain acts related to such reporting; requiring a business to extend certain benefits and privileges to its former employees; requiring the labor commissioner to adopt necessary regulations; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 507--An Act relating to local improvement projects; clarifying the authority of governing bodies to provide for the maintenance of a project; 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. 508--An Act relating to local governmental financial administration; requiring a city or county that imposes certain fees upon a public utility to provide to the public utility information concerning the identification of its customers; requiring a public utility to pay certain fees in legal tender of the United States; prohibiting a public utility from collecting certain delinquent fees from its customers; authorizing a city or county to provide by ordinance that certain fees imposed on a public utility may be collected from a governmental entity of the state if that entity is a customer of the public utility; 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 Ways and Means:
Assembly Bill No. 509--An Act making an appropriation to the Division of State Lands of State Department of Conservation and Natural Resources for the purchase of property that is available in the Capitol Complex; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 510--An Act relating to public employment; increasing the per diem for state officers and employees; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Chowning, Cegavske, Von Tobel, Krenzer, Giunchigliani, Marvel, Price, Goldwater, Dini, Hickey, Buckley, de Braga, Ohrenschall, Evans, Bache, Freeman, Parks, Braunlin, Koivisto, Lee, Mortenson, Sandoval, Manendo, Herrera, Ernaut, Hettrick, Neighbors, Tiffany, Amodei, Berman, Anderson, Perkins and Williams:
Assembly Bill No. 511--An Act relating to fireworks; authorizing the state fire marshal to adopt regulations regarding the types of fireworks that a local government may authorize for public use; requiring regulations and ordinances adopted by certain governmental entities to be as restrictive as the regulations adopted by the state fire marshal; imposing civil liability under certain circumstances for the storage or use of fireworks; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 236.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 236:
Yeas--39.
Nays--None.
Excused--Collins, Nolan, Segerblom--3.
Assembly Bill No. 236 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 239.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 239:
Yeas--39.
Nays--None.
Excused--Collins, Nolan, Segerblom--3.
Assembly Bill No. 239 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 396.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Price, Ernaut, Anderson and Amodei.
Roll call on Assembly Bill No. 396:
Yeas--34.
Nays--Anderson, Bache, Buckley, Koivisto, Sandoval--5.
Excused--Collins, Nolan, Segerblom--3.
Assembly Bill No. 396 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 407.
Bill read third time.
Remarks by Assemblywoman Lambert.
Roll call on Assembly Bill No. 407:
Yeas--39.
Nays--None.
Excused--Collins, Nolan, Segerblom--3.
Assembly Bill No. 407 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 87.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Senate Bill No. 87:
Yeas--38.
Nays--None.
Not voting--Carpenter.
Excused--Collins, Nolan, Segerblom--3.
Senate Bill No. 87 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 95.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 95:
Yeas--39.
Nays--None.
Excused--Collins, Nolan, Segerblom--3.
Senate Bill No. 95 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

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 Diane McCollum.

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Caskey, Charelle Durant, Bridgett Flynn, Valerie Gallagher, Sharon Giron, Katie Gosney, Melissa Musgrave, Gaby Orozco, Brenda Torres, Karen Gould and Cheryl Leonard.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Ray McCollum and Marge McCollum.

On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Severt.

On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Normington, Anna Art, Sylvia Case, Sherrie Clark, Betty Curtis, Kathy Parker, Rebecca Pennell, Betty Plant, Doris Prentice, Maureen Rovig, Beverly Jean Sheneman, Evelyn Tannehill, Rosemary Volpp and Terry Volpp.

Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, May 20, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 11:58 a.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly