ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND THIRTY-EIGHTH DAY
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Carson City (Friday), June 6, 1997
Assembly called to order at 11:18 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Collins, Ernaut and Nolan, who were excused.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Awesome God, You are omnipotent, yet You often speak in a still, small voice. God there are many voices out there, some seek to comfort, others to criticize. As we make our way amidst the confusion and clamor, may we be ever listening for Your voice among all others. Convict, challenge or comfort us this day. We ask this with assurance that You alone know the desires of our hearts.
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.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 30, 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 Health and Human Services.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 151, 475, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 355, 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
Senate Concurrent Resolution No. 9.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted.
By the Committee on Transportation:
Assembly Bill No. 568--An Act relating to transportation; directing the Regional Transportation Commission of Clark County and the Nevada Department of Transportation to examine the feasibility of constructing an elevated fixed guideway system of mass transit in a certain part of the Las Vegas Valley; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Cegavske, Giunchigliani, Krenzer, Hettrick, Gustavson, Lambert, Humke, Amodei, Arberry, Williams, Lee, Close, Von Tobel, Goldwater, Marvel, Price, Manendo, Nolan, Mortenson, Koivisto, Parks, Braunlin, Bache, Anderson, Herrera, Chowning, de Braga, Evans, Buckley, Carpenter and Sandoval:
Assembly Bill No. 569--An Act relating to tobacco; requiring a retail establishment that is open to minors to keep tobacco and products related to the use of tobacco in a locked cabinet or display case; revising provisions governing the enforcement of various laws related to tobacco; revising provisions governing the enforcement of certain laws concerning the sale of tobacco and products made from tobacco to minors; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 233.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 548.
Amend section 1, page 1, line 3, by deleting "$864,585" and inserting "$1,200,299".
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. 235.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 456.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. 1. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $224,145 for allocation by the Interim Finance Committee to the Administrative Office of the Courts to conduct a statewide assessment of the current automation of the court system in this state and an analysis of future needs.
2. Upon the request of the Administrative Office of the Courts, the Interim Finance Committee shall allocate an amount not to exceed the appropriation made by subsection 1 if the Administrative Office of the Courts submits an acceptable plan for conducting such an assessment and analysis, including, without limitation, the selection of a person or entity to conduct the assessment and analysis.".
Amend the title of the bill as follows:
Assembly Bill No. 388.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 431.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 5 as sections 1 through 4.
Amend sec. 2, page 1, line 12, by deleting "366,".
Amend sec. 3, page 2, line 11, by deleting:
"364 [, 366]" and inserting "364, 366".
Amend sec. 5, page 2, line 28, by deleting "366,".
Amend the bill as a whole by deleting sec. 6 and renumbering sections 7 and 8 as sections 5 and 6.
Amend sec. 7, page 4, line 11, by deleting "366,".
Amend the bill as a whole by deleting sections 9 through 13 and renumbering sec. 14 as sec. 7.
Amend the bill as a whole by deleting sections 15 through 18 and the leadlines of repealed sections and adding a new section designated sec. 8, following sec. 14, to read as follows:
"Sec. 8. This act becomes effective on July 1, 1997.".
Amend the title of the bill, first and second lines, by deleting:
"the taxes imposed on the sale or use of special fuel and".
Amend the summary of the bill, first line, by deleting "and taxes".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 447.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 464.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. 1. Any money remaining, after June 30, 1997, from the appropriation for which the prospective reversion was extended by section 1 of this act must be expended soley for direct client service and related programs. The money must not be expended to pay for any administrative cost.
2. The health division of the department of human resources shall, on or before January 15, 1999, submit a written report to the director of the legislative counsel bureau for transmittal to the legislature that contains information which assesses and measures whether the pilot program supported by the appropriation was successful.".
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. 484.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 512.
Amend section 1, page 1, by deleting lines 4 and 5 and inserting:
"1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety".
Amend section 1, page 1, by deleting lines 11 through 16 and inserting:
"2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253.".
Amend sec. 3, page 3, line 32, by deleting the bracket.
Amend sec. 3, page 3, line 33, by deleting:
"The] , the" and inserting "The".
Amend sec. 3, page 3, line 41, by deleting "[(1)] (a)" and inserting "(1)".
Amend sec. 3, page 3, line 42, by deleting "[(2)] (b)" and inserting "(2)".
Amend sec. 3, page 3, line 43, by deleting "[(3)] (c)" and inserting "(3)".
Amend sec. 3, page 4, line 1, by deleting "[(4)] (d)" and inserting "(4)".
Amend sec. 3, page 4, line 2, by deleting "[(5)] (e)" and inserting "(5)".
Amend sec. 3, page 4, line 4, by deleting "[(6)] (f)" and inserting "(6)".
Amend sec. 3, page 4, line 5, by deleting "[(7)] (g)" and inserting "(7)".
Amend sec. 3, page 4, line 7, by deleting "[(8)] (h)" and inserting "(8)".
Amend sec. 3, page 4, line 8, by deleting "[(9)] (i)" and inserting "(9)".
Amend sec. 3, page 4, by deleting line 9 and inserting:
"(b) Except [where] when the tenant has timely filed the affidavit described in".
Amend sec. 3, page 4, line 11 after "agent," by inserting:
"and except when the landlord is prohibited pursuant to NRS 118A.480,".
Amend sec. 3, page 4, line 12, by deleting the bracket.
Amend sec. 3, page 4, line 14 after "4" by inserting:
", regardless of the information contained in the affidavit,".
Amend sec. 3, page 4, by deleting lines 17 through 19 and inserting:
"sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to".
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. 529.
Bill read second time and ordered to third reading.
Senate Chamber, Carson City, June 6, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 16.
Mary Jo Mongelli
Assistant Secretary of the Senate
Assembly Bill No. 365.
Bill read third time.
The following amendment was proposed by Assemblymen Giunchigliani and Collins:
Amendment No. 544.
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
"transportation within Clark County and the municipalities located therein.".
Amend section 1, pages 1 and 2, by deleting line 14 on page 1 and line 1 on page 2 and inserting:
"of mass transit would be in addition to any".
Amend the title of the bill, third and fourth lines, by deleting:
"a certain part of the Las Vegas Valley;" and inserting "Clark County;".
Amend the summary of the bill, third line by deleting:
"in certain part of Las Vegas Valley." and inserting a period.
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblymen Collins, Parks and Herrera.
Conflict of interest declared by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 369.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 369:
Yeas--40.
Nays--None.
Excused--Ernaut, Nolan--2.
Assembly Bill No. 369 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 452.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 452:
Yeas--40.
Nays--None.
Excused--Ernaut, Nolan--2.
Assembly Bill No. 452 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 457.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 457:
Yeas--40.
Nays--None.
Excused--Ernaut, Nolan--2.
Assembly Bill No. 457 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 533.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 533:
Yeas--40.
Nays--None.
Excused--Ernaut, Nolan--2.
Assembly Bill No. 533 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Joint Resolution No. 13:
Yeas--39.
Nays--None.
Excused--Collins, Ernaut, Nolan--3.
Assembly Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 178.
Bill read third time.
The following amendment was proposed by Assemblywoman Buckley:
Amendment No. 543.
Amend sec. 10, page 3, by deleting sec. 10 and inserting:
"Sec. 10. (Deleted by amendment.)".
Amend the title of the bill, fifth and sixth lines, by deleting:
"requiring a natural person to disclose known defects in a vehicle that he sells to another natural person;".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 102.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Senate Bill No. 102:
Yeas -- 39.
Nays -- None.
Excused -- Collins, Ernaut, Nolan - 3.
Senate Bill No. 102 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 131.
Bill read third time.
Remarks by Assemblymen Koivisto, Arberry and Anderson.
Assemblyman Anderson moved that Senate Bill No. 131 be re-referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 264.
Bill read third time.
Remarks by Assemblymen Hettrick, Parks and Humke.
Conflict of interest declared by Assemblyman Parks.
Roll call on Senate Bill No. 264:
Yeas -- 38.
Nays -- None.
Not voting -- Parks.
Excused -- Collins, Ernaut, Nolan - 3.
Senate Bill No. 264 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 277.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 277:
Yeas -- 39.
Nays -- None.
Excused -- Collins, Ernaut, Nolan - 3.
Senate Bill No. 277 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 337.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 337:
Yeas -- 39.
Nays -- None.
Excused -- Collins, Ernaut, Nolan - 3.
Senate Bill No. 337 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 6.
Resolution read third time.
Remarks by Assemblyman Lee.
Roll call on Senate Joint Resolution No. 6:
Yeas -- 39.
Nays -- None.
Excused -- Collins, Ernaut, Nolan - 3.
Senate Joint Resolution No. 6 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 292.
The following Senate amendment was read:
Amendment No. 400.
Amend section 1, page 1, by deleting lines 9 through 11 and inserting:
"that:
(a) A certain amount of money, or certain other assets, be retained by the executor or administrator to:
(1) Satisfy the claim or tax; and
(2) Pay any fees or costs related to the claim or tax, including, but not limited to, fees for appraisals, attorney's fees and court costs; and
(b) The remainder of the estate be distributed.".
Amend sec. 2, page 2, by deleting lines 17 and 18 and inserting:
"hearing, by registered or certified mail, to [each] :
(a) Each person whose interest is affected as an heir, devisee or legatee [.] ; and
(b) The welfare division of the department of human resources, if the welfare division has filed a claim against the estate.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 292.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Holly Magliano and Paul Stone.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Ralph Toddre.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Norria van den Berg and Gail van den Berg.
Assemblyman Perkins moved that the Assembly adjourn until Saturday, June 7, 1997 at 8 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