NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-THIRD DAY
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Carson City (Thursday), May 22, 1997

Assembly called to order at 11:19 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Ernaut, who was excused.
Prayer by the Chaplain, Pastor W. Duane Geyer.
Our Father, and our God, we come with anticipation to You today because Your word clearly teaches us that "whosoever will, may come." Teach us to be observant of all that is around us, so that our hearts will overflow with gratefulness for the many blessings we enjoy every day. Father, may we be mindful of how powerful our encouragement and support to each other can be. Help us be like the little boy who was asked what loving kindness was, who said, "Well, if I was hungry and someone gave me a piece of bread, that would be kindness. But if they put a little jam on it, that would be loving kindness!" Help us add a little sweetness to those we deal with today...a smile, a little respect, a kind response, is an excellent investment in others, that will net a wonderful return. May we be empowered to do this in Your strong and Holy Name.

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 was referred Assembly Bill No. 421, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 47, 54, 322, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 126, 176, 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. 263, 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 21, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 258 and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 15.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 274, 285, 337.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolutions Nos. 40, 41.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bills Nos. 77, 81.
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. 29 and requests a conference, and appointed Senators Mathews, Wiener and Townsend as a first Committee on Conference to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 22, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 42.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 40.
Assemblyman Close moved the adoption of the resolution.
Remarks by Assemblyman Close.
Resolution adopted.

Senate Concurrent Resolution No. 41.
Assemblyman Close moved the adoption of the resolution.
Remarks by Assemblyman Close.
Resolution adopted.

Senate Concurrent Resolution No. 42.
Assemblyman Neighbors moved the adoption of the resolution.
Remarks by Assemblyman Neighbors.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Taxation:
Assembly Bill No. 520--An Act relating to taxation; clarifying the provisions governing the administration of the sales and use taxes to ensure that all retailers of large appliances collect the sales tax on the retail sales price of the appliance; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 521--An Act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; 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. 522--An Act relating to mobile home parks; exempting owners of mobile home parks that are not operated for profit from the requirement to pay the annual fee imposed to finance the fund for low-income owners of mobile homes; 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 Ways and Means:
Assembly Bill No. 523--An Act relating to education; extending the period during which the department of education may expend certain money appropriated during the previous legislative session to pay for costs relating to standard examinations of achievement and proficiency of pupils; revising the date of the prospective reversion of that appropriation; and providing other matters properly relating thereto.
Assemblywoman Evans 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. 524--An Act relating to state financial administration; requiring the development of criteria for a business plan for use in future state budget processes; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblyman Carpenter:
Assembly Bill No. 525--An Act relating to taxation; revising the provisions governing the use of the proceeds from the county motor vehicle fuel tax and certain sales and use taxes to allow use for maintenance and repair of roads; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Concurrent Committees on Taxation and Transportation.
Motion carried.

Senate Bill No. 274.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 285.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.

Senate Bill No. 337.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 223.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 407.
Amend section 1, page 1, line 2, by deleting "$1,015,383" and inserting "$560,105".
Amend section 1, page 1, line 3, by deleting "costs." and inserting:
"costs and costs associated with related litigation.".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 226.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 377.
Amend section 1, page 1, line 3, by deleting "$176,057" and inserting "$114,084".
Assemblyman Marvel moved the adoption of the amendment.
Remarks by Assemblyman Marvel.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 229.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 406.
Amend section 1, page 1, line 2, by deleting "$32,384" and inserting "$27,804".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 266.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 380.
Amend section 1, page 1, by deleting line 2 and inserting:
"the Department of Education:
1. The sum of $300,000 for the support of nonprofit".
Amend section 1, page 1, between lines 5 and 6, by inserting:
"2. The sum of $75,000 for distribution of a grant of money to the Governor's Advisory Council on Education Relating to the Holocaust created pursuant to NRS 233G.020 for carrying out the duties of the Council.".
Amend sec. 2, page 1, line 6, by deleting "appropriation" and inserting "appropriations".
Amend the title of the bill to read as follows:

"AN ACT making appropriations to the Department of Education for certain nonprofit public broadcasting stations and for the Governor's Advisory Council on Education Relating to the Holocaust; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes appropriations to Department of Education. (BDR S-1243)".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Senate Bill No. 215 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

Assemblyman Anderson moved that Senate Bill No. 122 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 348.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 420.
Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 through 10 as sections 1 through 7.
Amend sec. 4, page 3, by deleting lines 40 through 42 and inserting:
"An insurer shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.".
Amend sec. 5, page 4, by deleting lines 1 through 3 and inserting:
"A society shall not deny a claim, refuse to issue a benefit contract or cancel a benefit contract solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the benefit contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.".
Amend sec. 6, page 4, by deleting lines 6 through 8 and inserting:
"A corporation shall not deny a claim, refuse to issue a contract for hospital, medical or dental services or cancel a contract for hospital, medical or dental services solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.".
Amend sec. 7, page 4, by deleting lines 11 through 13 and inserting:
"A health maintenance organization shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.".
Amend sec. 8, page 4, by deleting lines 16 through 18 and inserting:
"An organization for dental care shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.".
Amend sec. 9, page 4, line 33, by deleting "4" and inserting "1".
Amend sec. 10, page 4, by deleting lines 34 and 35 and inserting:
"Sec. 7. 1. The division of child and family services of the department of human resources, in consultation with the Nevada domestic violence prevention council, shall establish and coordinate a task force to review the role of agencies that provide protective services to children and criminal justice agencies in eliminating the impact of domestic violence on children.
2. The task force established pursuant to subsection 1 must include, without limitation:
(a) One law enforcement officer;
(b) One representative from a child protective service agency;
(c) One representative from an agency that advocates to prevent domestic violence;
(d) One representative from an agency that advocates for the rights of children;
(e) One representative from an office of the district attorney or an office of the city attorney with experience in prosecuting criminal offenses; and
(f) One justice of the supreme court, judge of a district court, justice of the peace or municipal judge.
3. The task force established pursuant to subsection 1 shall submit a report, including, without limitation, its findings and recommendations, on or before March 1, 1999, to the director of the legislative counsel bureau for distribution to the next regular session of the legislature. The task force shall provide a copy of the report to the office of the attorney general for its review to ensure compliance with federal mandates not less than 30 days before the task force submits the report to the director of the legislative counsel bureau.".
Amend the title of the bill to read as follows:
"AN ACT relating to domestic violence; prohibiting an insurer from denying a claim, refusing to issue a policy or canceling a policy solely because the claim involves domestic violence or because the insured or applicant was the victim of domestic violence; requiring the division of child and family services of the department of human resources to establish a task force concerning the elimination of the impact of domestic violence on children; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes various changes concerning domestic violence. (BDR 57-935)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 386.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 325.
Amend sec. 2, page 1, by deleting lines 8 and 9 and inserting:
"A court clerk may accept an information which is filed electronically. Such an information must contain an image of ".
Amend the bill as a whole by adding new sections designated as sections 3 through 8, following sec. 2, to read as follows:
"Sec. 3. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. As used in sections 4 to 7, inclusive, of this act, "public agency" means any agency, bureau, board, commission, department or division of the State of Nevada or any political subdivision thereof.
Sec. 5. 1. Except as otherwise provided by specific statute, a public agency may:
(a) Provide that any document submitted to the public agency may be submitted electronically and may be signed with an electronic symbol; and
(b) If the recipient of a document so authorizes, use an electronic symbol as the signature of a public officer or employee of the agency on any document for which a signature is required.
2. An electronic symbol may be accepted pursuant to subsection 1 only if it is:
(a) Unique to the person for whom it is used as a signature;
(b) Capable of verification; and
(c) Linked to data in such a manner that the signature is invalidated if the data is altered.
Sec. 6. The secretary of state shall provide by regulation for the use of electronic symbols to substitute or supplement the handwritten or facsimile signature of a person as provided in section 5 of this act. Such regulations must include, without limitation:
1. The manner in which a public agency may accept an electronic symbol as a substitute or supplement to a handwritten or facsimile signature; and
2. The manner in which an electronic symbol must be verified.
Sec. 7. 1. The secretary of state may license a business to verify an electronic symbol that is used as a substitute or supplement to a handwritten or facsimile signature.
2. The secretary of state may charge a reasonable fee for such licensure.
3. The secretary of state may adopt regulations to carry out the provisions of this section.
Sec. 8. The secretary of state shall:
1. Adopt regulations pursuant to section 6 of this act not later than July 1, 1998; and
2. Consult with the department of information services, the state controller and the American Bar Association before adopting any such regulations.".
Amend the title of the bill to read as follows:

"AN ACT relating to electronic communication; authorizing a court clerk to accept criminal complaints and informations that are filed electronically; requiring such documents to contain an electronic image of the signature of the attorney general or district attorney; authorizing a public agency to use and accept electronic symbols as a substitute or supplement to a handwritten or facsimile signature under certain circumstances; requiring the secretary of state to adopt regulations concerning the use of such electronic symbols; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes various changes concerning electronic communications. (BDR 14-173)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 422.
Bill read second time and ordered to third reading.

Assembly Bill No. 427.
Bill read second time and ordered to third reading.

Assembly Bill No. 443.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 395.
Amend section 1, page 1, by deleting line 4 and inserting:
"after [October 1, 1989,] January 1, 1998, must be a unique number [formulated by".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bills Nos. 46, 92, 96 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 215 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 215.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 155.
Bill read third time.
Remarks by Assemblymen Close and Arberry.
Assemblyman Close moved that Assembly Bill No. 155 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Close.
Motion carried.

Assembly Bill No. 190.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 190:
Yeas--41.
Nays--None.
Excused--Ernaut.
Assembly Bill No. 190 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 310.
Bill read third time.
Remarks by Assemblymen Koivisto, Giunchigliani, Hickey and Bache.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 310:
Yeas--31.
Nays--Berman, Braunlin, Carpenter, Gustavson, Hettrick, Hickey, Lambert, Marvel, Sandoval, Tiffany--10.
Excused--Ernaut.
Assembly Bill No. 310 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 379.
Bill read third time.
Remarks by Assemblywoman Lambert.
Roll call on Assembly Bill No. 379:
Yeas--41.
Nays--None.
Excused--Ernaut.
Assembly Bill No. 379 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS
Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Williams, Buckley and Amodei as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 29.

Signing of Bills and Resolutions

There being no objection, the Speaker and Chief Clerk signed Assembly Concurrent Resolutions Nos. 26, 27; Senate Bills Nos. 51, 54, 68, 98, 176, 178, 202, 232, 249; Senate Concurrent Resolutions Nos. 37, 38.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Furlong.

On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Harland Krgutz, Loretta Krgutz and Clarence Hanson.

On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Sligar.

On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Marsha Irwin and David Irwin.

On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Piazzola, Bridget Rigg-Anderson, Curtis Conklin, Amber Baker, Katie Bowman, Alex Borowy, Amber Brown, Roger Burwell, Jacob Cann, Jared Cunnington, Dan Evans, Heather DeMars, Naron Federizo, Jared Federizo, Lentry Hammond, Jake Marshall, Kacee MacKenzie, Ryan Krastins, Sarah McCallum, Mauricio Muniz, Mike Pruitt, Michael Restrio, Ashley Steers, Mary Toms, Iris Ugalde, Tena Macaldad, Brody Hammon, Victoria Morrison, Nicole Lister, James Anderson, Stacie Amick, Allisia Carpenter, Serloyd Carter, Shaina Crawford, Joey Flatley, Kyle Frank, Jennifer Gaston, Kody Grant, Jeff Graves, Chris Gutierrez, Ciera Hammond, Jaime Homstad, Preston Jeanjacques, Jennifer Kettle, Sara King, Lilia Marquez, Daniel Marro, Thomas Miller, Ashlee Nelson, Tyrel Noneo, Rudy Ortiz, Amber Pettit, Celia Quinonez, James Taylor, Daniel Tomb, Megan Zamarripa, Vincent Saldana, Erick Kelly, Noel Lindsay, Jentry Hammond, Aaron Federizo, Michael Restivo and Tomas McDonald.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Pamm Juker-Miller and Rhonda Sarantis.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Stubbs, Paul Kjellander and Glenn Harris.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to John Gwaltney and Vickie Miller.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Sonnenborg, Betina McCrosky, Susi Wilkin, Tessa Wilkin, Launa Wilkin and Jenna Wilkin.

On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Kathe Brintnall and Steve Brintnall.

Assemblyman Perkins moved that the Assembly adjourn until Friday, May 23, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:32 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly