ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-FOURTH DAY
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Carson City (Friday), May 23, 1997
Assembly called to order at 11:08 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Arberry, who was excused.
Prayer by the Chaplain, Pastor W. Duane Geyer.
Hallelujah Lord, it is Friday and another week is about to become history. Father, we would ask as we bring closure to this week that You would bless the people in this room with a season of rest and renewal. Help us to leave footprints on the sands of time that are more than just the marks of a heel. Guard our hearts Lord, as we carry out our responsibilities of leadership, to remember that greatness does not lie in "Being strong, but in the right use of strength." We will remember Lord, that the mightiest oak was once a little nut that held its ground. So help us walk carefully, stand tall, and hold on! In Your excellent and exalted Name, we pray.
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.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 417, 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 Concurrent Committee on Judiciary, 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.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 149, 193, 238, 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 Transportation, to which was referred Assembly Bill No. 444, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
By the Committee on Government Affairs:
Assembly Bill No. 527--An Act relating to public works; requiring timely payments to certain design professionals and their subcontractors on public works; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Braunlin, Ernaut, Price, Sandoval, Parks, Chowning, Lambert, Amodei, Neighbors, Mortenson, Von Tobel, Carpenter, Nolan, Bache, Collins, Lee, Koivisto and Gustavson:
Assembly Bill No. 528--An Act relating to taxation; providing criteria for relief from inequitable assessment of property; and providing other matters properly relating thereto.
Assemblywoman Braunlin moved that the bill be referred to the Committee on Taxation.
Motion carried.
Resident deer tag for regular season $15
Nonresident and alien deer tag for regular season 60
Resident antelope tag 50
Resident elk tag 100
Resident bighorn tag 100
Resident mountain goat tag 100
Resident mountain lion tag [50] 25
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species pursuant to NRS 502.130 [,] must not exceed $100.
4. A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The commission may accept sealed bids for or auction not more than 15 big game tags each year. To reimburse the division for the cost of managing [the] wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of NRS 501.3575.
6. The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. [The] To reimburse the division for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Except as otherwise provided by regulations adopted by the commission pursuant to subsection 7, the money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of NRS 501.3575.
7. The commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.".
Amend the title of the bill to read as follows:
Assembly Bill No. 54.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 330.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 5 as sections 1 through 4.
Amend sec. 3, page 2, line 33, by deleting "or permit" and inserting:
", [or] permit or privilege".
Amend sec. 3, page 2, line 37, by deleting the bracket.
Amend sec. 3, page 2, line 41, by deleting the bracket.
Amend sec. 4, pages 2 and 3, by deleting lines 43 and 44 on page 2 and lines 1 through 18 on page 3 and inserting:
"501.1816 1. If a person accumulates 6 or more demerit points, but less than 12, the division shall notify him of that fact by certified mail. If, after the division mails the notice, the person presents proof to the division that he has, after his most recent wildlife [violation,] conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the division, the division shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.
2. If a person accumulates 12 or more demerit points [or commits a wildlife violation punishable as a gross misdemeanor] before completing a course of instruction pursuant to subsection 1, the division shall suspend or revoke any hunting, fishing or trapping license , [or] permit or privilege issued to him pursuant to this Title.".
Amend sec. 4, page 3, by deleting lines 32 through 41 and inserting:
"5. The periods of suspension or revocation imposed pursuant to this section must run concurrently. No license , [or] permit or privilege may be suspended or revoked for more than 3 years.
6. If the division suspends or revokes a license , [or] permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the commission pursuant to subsection 4. After a person's license , [or] permit or privilege is suspended [,] or revoked, all demerit points accumulated by that person must be canceled.".
Amend sec. 5, page 4, line 3, after "suspended" by inserting "or revoked ".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 5, to read as follows:
"Sec. 5. NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license may be obtained by any person born after January 1, 1960, unless he presents to the division, or one of its authorized licensing agents : [, either:]
(a) A certificate of successful completion of a course of instruction in the responsibilities of hunters as provided by NRS 502.340; [or]
(b) An equivalent certificate of completion of a course in the responsibilities of hunters provided by [any] a state or an agency of a Canadian province for the management of wildlife [.] ; or
(c) A hunting license issued to him in a previous year by the division, a state or an agency of a Canadian province, which bears a number or other unique mark evidencing successful completion of a course of instruction in the responsibilities of hunters.
2. Any person who has been convicted of violating NRS 503.165 or 503.175 may not obtain a hunting license until he has successfully completed a course in the responsibilities of hunters conducted pursuant to NRS 502.340.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 263.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 405.
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as
sec. 2.
Amend the title of the bill by deleting the first and second lines and inserting:
"AN ACT relating to state financial administration; revising the reversion for certain previously appropriated".
Amend the summary of the bill, by deleting the first line and inserting:
"SUMMARY--Revises reversion".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 322.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 328.
Amend section 1, page 2, by deleting lines 8 and 9 and inserting:
"(a) "Severe mental disability" means a mental impairment that is medically documented and limits substantially one or more of a person's major life activities. The term includes, without limitation, mental retardation, severe mental or emotional illness and a severe learning disability.".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 421.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 423.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. This act becomes effective upon passage and approval.".
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. 126.
Bill read third time.
Remarks by Assemblymen Chowning, Ernaut, Freeman and Bache.
Roll call on Assembly Bill No. 126:
Yeas -- 41.
Nays -- None.
Excused -- Arberry.
Assembly Bill No.126 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 176.
Bill read third time.
Remarks by Assemblymen Cegavske and Collins.
Roll call on Assembly Bill No. 176:
Yeas -- 41.
Nays -- None.
Excused -- Arberry.
Assembly Bill No. 176 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 219.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 219:
Yeas -- 41.
Nays -- None.
Excused -- Arberry.
Assembly Bill No. 219 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 422.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Assembly Bill No. 422:
Yeas--41.
Nays--None.
Excused--Arberry.
Assembly Bill No. 422 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 427.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 427:
Yeas--37.
Nays--Buckley, Nolan, Perkins, Price--4.
Excused--Arberry.
Assembly Bill No. 427 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assemblywoman Evans moved that Assembly Bill No. 47 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Annalyn Settelmeyer and Heather Stodieck.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Kelly McGowan and Jeannine Wood.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Monica Clark.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Juan Sanchez, Jenny Ayala, Hilde Banvelos, Ania Castro, Estephany Carrillo, Lucia Escobedo, Fidelina Funes, Laura Funes, Maria Hernandez, Perla Hernandez, Juan Carlos Herrera, Jose Lara, Lourdes Leon, Mayra Lobato, Juan Orozco, Brenda Ortiz, Miguel Peregrina, Sergio Rios, Emma Rodriguez, Eliciel Santoyo, Sonia Solis, Rosa Vazquez, Angelica Vidrio, Virginia Sanchez, Maria Pulido and Nora Wilson.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Tammy Westergard and Brooks Westergard.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Hill, Chris Hill, Harry Loomer, Liz Blythe, Jo Nabong, Fran Weimer, Vic Johnson, Mary Johnson, Sally Devlin, George Fenton, Violet Simmons, Daniel Simmons, Reginald Knight, Michael DeLee, Charlie Gronda, Rosemary Cadwell, Claudia Nielson and Barbara Apadoca.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Chester Chin.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Richards and Nadine Richards.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Henry Dreyer.
Assemblyman Perkins moved that the Assembly adjourn until Monday, May 26, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:08 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly