NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-THIRD DAY
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Carson City (Wednesday), June 11, 1997

Assembly called to order at 11:16 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Al Fry.

Isle of Silence Prayer

There is a church in the middle of London that has a unique title. It is located in the midst of all the inner city noise. It is called an Isle of Silence in a Sea of Noise. We preachers and politicians need to learn the value of moments of silence. We need to learn how to be quiet. Moments of quietness help us to know and experience our value, worth, dignity and spirituality. We lead very hectic lives and sometimes the noise of life overwhelms us. We need moments to withdraw and be still. To assist us in this process, let us enjoy a minute of quietness. Center in on your own self-worth. Feel your own power and strength. Make contact with your spirituality and the presence of your Creator. May one minute of silence help you to experience your Isle of Silence in a Sea of Noise.

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 Commerce, to which was referred Assembly Bill No. 512, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 478, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 517, 526, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 44, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 80, 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. 330, 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 Taxation, to which were referred Assembly Bills Nos. 528, 556; Senate Bill No. 245, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 364, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Assembly Bill No. 37, 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

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 137, 550; Senate Bills Nos. 338, 380, 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. 524, 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 Assemblyman Hettrick:
Assembly Concurrent Resolution No. 42--Commending Wayne Moore for his heroic effort to save the life of Robert Bugajski.
Whereas, Wayne Moore moved to the State of Nevada in the fall of 1982 and began teaching automotive technology at Douglas High School; and
Whereas, Wayne Moore, along with his wife, Kimberly, and their three children, Nathan, Kristin and Benjamin, have made Carson City their home for the past 15 years; and
Whereas, In 1986, Wayne Moore was presented with the award for "Excellence in Secondary Vocational Automotive Education" by the Motor Vehicle Manufacturers Association and the American Vocational Association; and
Whereas, This dedicated teacher has taught pupils from the China Spring Youth Camp after his regular day of teaching at Douglas High School and has also been a part-time instructor at the Western Nevada Community College since 1988; and
Whereas, In 1991, Wayne Moore was recognized for his excellence as an instructor at Western Nevada Community College when he was named the "Part-Time Instructor of the Year"; and
Whereas, Since 1984, the pupils at Douglas High School who have enrolled in Wayne Moore's class in automotive technology have competed in the Ford/AAA Student Auto Skills Competition every year except one, an honor that requires participants to be in one of the top 10 designated classes in automotive technology in the State of Nevada; and
Whereas, This year Wayne Moore was named the 1997 Douglas High School's "Teacher of the Year"; and
Whereas, On May 21, 1997, Wayne Moore unselfishly risked his life to rescue 17-year-old Carson City High School student, Robert Bugajski, from a flaming truck that was involved in a collision in Carson City; and
Whereas, This act of bravery further demonstrates what a remarkable, brave and unselfish man Wayne Moore is, as he continues to serve as not only a role model for his students at Douglas High School and Western Nevada Community College, but as an inspiration to all residents of the State of Nevada; 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 do hereby commend Wayne Moore for his heroic effort to save the life of Robert Bugajski, who sadly passed away on May 29; and be it further
Resolved, That Wayne Moore is further commended for his dedication to the youth of Northern Nevada and for his continued efforts to excel in his chosen profession; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Wayne Moore.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblymen Hettrick, Gustavson, Cegavske and Perkins.
Assemblyman Hettrick requested that the following remarks be entered in the Journal.
Assemblyman Hettrick:
Thank you, Mr. Speaker. It is truly a privilege for me to rise in support of ACR 42. As you can see from this resolution, Wayne Moore would be an exceptional human being just on the basis of his accomplishments as a teacher and his efforts within his community. He is a role model for all of the young people, and I have to say, adults as well, in Douglas County and the State of Nevada.
I put copies of an article on your desks, and I'd encourage you to take a look at that. Quite frankly, Mr. Speaker, if I tried to describe all this, I couldn't do it. Wayne Moore's actions are just incredible.
We often recognize people who do wonderful things but don't put their lives at risk at the spur of the moment for someone they don't know, and I just thought it was well worth our time and effort today, Mr. Speaker, to recognize Wayne Moore. It is a privilege for me to rise and recognize a man I consider to be a hero.
Assemblyman Gustavson:
Thank you, Mr. Speaker. I also rise in support of this resolution. I have known the Moore family for many years, and his actions did not surprise me. He is always more than willing to help anyone without any compensation. In fact, years ago, he helped me rebuild the motor in my pickup truck.
Thank you for bringing this resolution to us, Mr. Hettrick.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I also rise in support of ACR 42. As the mother of two teenage boys, I want to thank Mr. Moore for what you did that day. It's nice to know that there are people out there who will help our children if they're in need, and I urge your support also. Thank you, Mr. Speaker.
Assemblyman Perkins:
Thank you, Mr. Speaker. I, too, rise in support of ACR 42. In the law enforcement industry, you see a lot of devastation in people's lives. A lot of things occur where people do take action, like Mr. Moore has. If not for citizens of this caliber, our society would be one that would be unlivable. It is truly an honor to have somebody of this caliber in our Chambers today, and I think that our entire state owes him a debt of gratitude. Without persons like Mr. Moore, we literally would not have the ability to have the quality of life that we have in our state. Thank you, Mr. Speaker.
Resolution adopted.
Assemblyman Hettrick moved that all rules be suspended and that Assembly Concurrent Resolution No. 42 be immediately transmitted to the Senate.
Motion carried unanimously.

Assemblyman Williams moved that Assembly Bill No. 468 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:
Assembly Bill No. 586--An Act making an appropriation to the Women in Military Service for America Memorial Foundation, Inc., for the support of the construction of the memorial in Arlington National Cemetery; 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. 587--An Act making a supplemental appropriation to the Nevada Athletic Commission for unexpected operating expenses and salaries; 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 Government Affairs:
Assembly Bill No. 588--An Act relating to local governments; limiting the circumstances under which a local government may provide certain public services; 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 Transportation:
Assembly Bill No. 589--An Act relating to motor vehicles; providing for the issuance of special license plates indicating employment as a professional firefighter; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Assembly Bill No. 590--An Act relating to motor vehicles; providing for the issuance of special license plates indicating support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America; imposing a fee for the issuance or renewal of the license plates; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Assembly Bill No. 591--An Act relating to drivers' licenses; providing for a special endorsement on a driver's license that designates the use of the license as being critical to a person's employment; imposing a fee for such an endorsement; prohibiting the revocation or suspension of such a license under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Assemblymen Williams, Herrera, Krenzer, Arberry, de Braga, Neighbors, Ohrenschall, Goldwater, Giunchigliani, Anderson, Bache, Freeman, Lambert, Parks, Braunlin, Koivisto, Lee, Cegavske, Sandoval, Mortenson, Collins, Chowning, Ernaut, Perkins, Buckley, Manendo, Price and Segerblom:
Assembly Bill No. 592--An Act making an appropriation to Nevada Partners for the costs associated with the expansion of the job training program to counties in addition to Clark County; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Williams, de Braga and Berman:
Assembly Bill No. 593--An Act relating to health care; creating an advisory committee for the breast and cervical cancer control and prevention program of the health division of the department of human resources; making appropriations; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 451.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 531.
Amend section 1, page 2, line 27, after "which" by inserting:
", in accordance with chapter 386 of NRS,".
Amend sec. 2, page 2, by deleting lines 33 through 35 and inserting:
"482.270 1. Except as otherwise provided [in NRS 482.3747, 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, the director shall order the preparation".
Amend sec. 3, page 3, by deleting lines 27 and 28 and inserting:
"issued pursuant to NRS 482.3667 to 482.3823, inclusive, [and] section 1 of [this act.] Assembly Bill No. 32 of this session and section 1 of this act. The director shall ensure that:".
Amend sec. 4, page 4, by deleting line 16 and inserting:
"[and] section 1 of [this act,] Assembly Bill No. 32 of this session and section 1 of this act, a fee of $10.".
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. 1. Sections 3 and 4 of this act become effective at 12:01 a.m. on October 1, 1997.
2. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 508.
Bill read second time and ordered to third reading.

Assembly Bill No. 520.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 570.
Amend section 1, page 1, line 6, by deleting "delivery,".
Amend section 1, page 1, line 9, by deleting "delivery,".
Amend sec. 2, page 2, line 20, by deleting "delivery,".
Amend sec. 2, page 2, line 23, by deleting "delivery,".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblymen Price and Close.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 536.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 591.
Amend section 1, page 1, line 17, after "2." by inserting:
"A person claiming the exemption provided for in paragraph (j) of subsection 1 shall, on or before June 15 for the next ensuing fiscal year, file with the county assessor an affidavit declaring that the fine art:
(a) Was purchased in an arm's length transaction for $25,000 or more, or has an appraised value of $25,000 or more; and
(b) Will be on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of the year for which the exemption is claimed.
3.".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblymen Price and Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 538.
Bill read second time and ordered to third reading.

Senate Bill No. 285.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 596.
Amend sec. 4, page 3, line 4, after "investigations." by inserting:
"If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.".
Amend sec. 4, page 3, line 28, by deleting "The [photograph]" and inserting:
"[The photograph] Except as otherwise provided in this subsection, the".
Amend sec. 4, page 3, line 32, after "investigations." by inserting:
"If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 468.
Bill read third time.
Remarks by Assemblymen Chowning, Koivisto, Von Tobel, Carpenter, Williams and Herrera.
Conflict of interest declared by Assemblywoman Koivisto.
Potential conflict of interest declared by Assemblyman Herrera.
Roll call on Assembly Bill No. 468:
Yeas -- 41.
Nays -- None.
Not voting -- Koivisto.
Assembly Bill No. 468 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
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 Helen Lucchesi, Virginia Hall, Eva Heap, Pauline Clough, Marian Blair, Ardine Brioady, Diane Gillespie, Helen Jacobson, and Carl Ann Johnson.

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

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Jamela Morley.

On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Megan Kay, Kimberly Kent, Sean Kay and Kyle Kemp.

On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Kristi Geiser and Kristopher Geiser.

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

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Eunice Frost and Deloris Moore.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to J. D. Green.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Ginny Stancill and Esther Triggs.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Clyde Caldwell.

On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Irvin and Manish Kumar.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, June 12, 1997 at 11 a.m., and that it do so in memory of Robert W. Parks.
Motion carried.

Assembly adjourned at 12:03 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly