NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-NINTH DAY
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Carson City (Friday), June 27, 1997
Assembly called to order at 10:41 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Cleric Carol English, Eckankar.
We are reminded that each of us responsible for our thoughts, words, and deeds. Please guide the men and women of this Assembly to look into their hearts for direction and inspiration as they make the weighty decisions that affect the lives of everyone within the borders of this great state. Sustain them with peace and love through the long hours of the closing days of this 1997 Legislature.
Eckankar, the Religion of the Light and Sound of God, teaches us about God's gift to everyone of the word "HU", which is spelled HU. When sung in a long drawn out way, it is a love song to God. It opens our hearts to the Light and to the Sound, which is the Word of God, allowing us to reach new and greater spiritual levels regardless of the religious path we follow. It clarifies the course of action that is right for us to follow as we go through life each day. By learning to silence the outer influences for a few minutes of each day, we can tap into an unlimited reservoir of love and wisdom that exists within our hearts.
Now please join me in a moment of silence by silently singing either the "HU", another word that is sacred to you and brings love into your heart, or place your attention on a spiritual being that has special meaning to you.
In Your name, God, we thank You for Your Love that surrounds, protects and guides us. May the blessings be.
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 Government Affairs, to which was referred Assembly Bill No. 425, 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 re-referred Assembly Bill No. 581, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 53, 404, 412, 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 Labor and Management, to which was referred Assembly Bill No. 466, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 423, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Robert E. Price,
Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Von Tobel, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany and Williams:
Assembly Concurrent Resolution No. 52--Commending Marianne Vallin for her academic and athletic achievements.
Whereas, Marianne Vallin has excelled in academics and athletics during her years as a student at the University of Nevada, Las Vegas, and this year she received national recognition for her achievements when she was presented the Gladys Heldman Award for the most outstanding senior collegiate women's tennis player who best balances athletics and academics; and
Whereas, Academically, Marianne Vallin earned a perfect 4.0 grade point average for two semesters, was a five-time member of the Dean's Honor List and was a two-time member of the University of Nevada, Las Vegas academic top 30; and
Whereas, Athletically, Marianne Vallin earned the number one ranking position in tennis in singles and doubles in each of her 4 years as a student at the University of Nevada, Las Vegas, led her team to the first-ever NCAA postseason play in the Western Regionals and was the university's all-time record holder of winning percentages for both singles and doubles tennis matches; and
Whereas, Marianne Vallin was named Female Athlete of the Year in 1994 and 1997 by the "Rebel Yell" Newspaper; and
Whereas, Marianne Vallin has been an inspiration to her fellow teammates, her classmates and her friends, personifying just what can be accomplished through dedication, determination and hard work; 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 Marianne Vallin for her academic and athletic achievements as a student at the University of Nevada, Las Vegas; and be it further
Resolved, That the members of this legislative body extend their most heartfelt congratulations to Marianne Vallin for being this year's recipient of the Gladys Heldman Award; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Marianne Vallin.
Assemblywoman Von Tobel moved the adoption of the resolution.
Remarks by Assemblywoman Von Tobel.
Assemblyman Perkins requested that Assemblywoman Von Tobel's remarks be entered in the Journal.
Assemblywoman Von Tobel:
Thank you, Mr. Speaker. It has been my pleasure to get to know Marianne Vallin through my work on the UNLV Women's Sports Foundation. She is an inspiration to all of the students at UNLV and especially the members of the tennis team, and it is great that we honor her today.
I would like to present this resolution to Marianne Vallin today and tell you a little bit about her and about Ola Malmqvist, who is the coach for UNLV. Coach Malmqvist is from Sweden and is a former NCAA Champion. He helped bring the women's tennis team to the Academic All-American Honors. Not only is he a great coach, but he has been willing to give up part of his athletic budget to assist his players in finishing summer school so that they can complete their degrees. It is an honor to have him at UNLV.
Marianne was born on August 4, 1973 to Soren and Burrgitta Vallin. She majored in psychology and is pursuing her master's degree in psychology. Marianne graduated with a 3.65 GPA; she was a two-year Academic All-American; three-time All-American; two-time member of UNLV academic top 30 honor students athletes with the highest GPA; Female Athlete of the Year in 1996 and 1997; and a five-time member of the Dean's Honor List. She's also gorgeous.
Please welcome and honor both Marianne and Coach Malmqvist.
Resolution adopted.
By Assemblymen Ohrenschall, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 53--Memorializing Angelo Collis, long-time educator and coach in Clark County.
Whereas, The members of this Legislature were saddened to learn of the recent passing on May 21, 1997, of long-time educator and coach in Clark County, Angelo Collis; and
Whereas, Angelo Collis was born on February 19, 1921, in McGill, Nevada, to Nicholas and Penny Latsonis Collis; and
Whereas, Angelo Collis earned his Bachelor's Degree in history from Utah State and a Master's Degree in education administration from the University of Nevada, Reno; and
Whereas, Following college, Angelo Collis coached and taught at White Pine High School in Ely for 5 years before relocating to southern Nevada; and
Whereas, Angelo Collis became the head football coach at Las Vegas High in 1952 and his teams won four state championships during his 9-year coaching career, including an 11-0 season and state championship in 1953; and
Whereas, Angelo Collis continued his career in education as Assistant Principal and Athletic Director at Western and Clark high schools, helping to establish their athletic departments; and
Whereas, In 1973, Angelo Collis received the Shering Award from the National Council of Secondary School Athletic Directors as one of five outstanding Athletic Directors in the nation; and
Whereas, In 1979, Clark High School named the football field after him, and in 1988, he received the National Federation citation for past contributions to interscholastic athletics; and
Whereas, Angelo Collis founded the Pop Warner youth football program in Las Vegas before his retirement in February 1987; and
Whereas, Angelo Collis was an Air Force World War II veteran and a member of Nellis Masonic Lodge 46, Scottish Rite, Zelzah Shrine, the Legion of Honor and the National Football Foundation; 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 express their sincere condolences to sons, Ronald of Las Vegas and Tony of Caldwell, Idaho, sisters, Mary McFall of Ogden, Utah, and Deanie Pope of Reno, brother, Jerry of Bakersfield, California, and five grandchildren; and be it further
Resolved, That Angelo Collis will long be remembered for his contributions to athletics in Clark County and for the compassion and understanding that he generously gave to his students and friends throughout his life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Angelo Collis' sons, Ronald and Tony.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblymen Ohrenschall, Close, Chowning, Nolan and Carpenter.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. In southern Nevada, we don't talk about "Angelo Collis" but rather "Coach Collis," because he was known as being a leader in youth activities and good sportsmanship. Yes, he did establish athletic programs for several leading high schools and led teams to get national honors. He was also nationally honored. What Coach Collis did more than anything else was exemplify the proper characteristics of good sportsmanship, competition, achievement, and concern for his fellow man.
We are greatly saddened at Coach Collis' passing and we wish to memorialize him. I urge this body to accept this motion.
Assemblyman Close:
Thank you, Mr. Speaker. I rise in support of ACR 53. I echo the remarks of my colleague who just spoke. I first met Angelo Collis when he was my coach at Las Vegas High School in the late fifties, early sixties. He was the type of man who wanted to meet others on a one-on-one basis. Whenever I met him at social events, I had a hard time calling him anything but "Coach." He said, "Well, you can call me Angelo." I said, "No, I can't call you Angelo, I'll call you Coach."
I remember thinking, as one of his student athletes, that Coach Collis was a little giant. You never asked him what to do twice. He told you once, you did it, and you made sure you did it correctly. He would compliment you or he would correct you.
I was always amazed that Coach Collis knew people years after they had been his students. He would remember our first names. It saddens me that Coach Collis is no longer with us. I'm sorry for those people who won't have the opportunity to work with him, but he did leave his mark. I will always remember Coach Collis as a gentle giant.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I am so proud to stand today in support of ACR 53. I had the great pleasure of working with Angelo Collis--Ang, Dean Collis, Coach Collis--when I was a teacher at Clark High School in Las Vegas. For many years, I was able to see the twinkle in his eye and the smile that he had, and his wonderful demeanor, tough but fair, not only with the teachers but also the kids. He was a marvelous role model, and it is a pleasure for me to have been able to know him.
Assemblyman Nolan:
Thank you, Mr. Speaker. I, too, rise in support of ACR 53. I knew Angelo Collis as a student at Clark High School. He was the vice principal in charge of the athletic and sporting program, and I was a wrestler at the time. At some point he realized I wasn't a very good wrestler. He felt he needed a trainer to tape the ankles and injuries of the guys on the team, so he asked me if I'd be interested in a scholarship to Northern Arizona University to become an athletic trainer. Knowing that it was probably going to be an easier job than wrestling, I accepted his offer. That was the beginning of a very good relationship between the two of us that lasted for years. I enjoyed going back to Clark High School and visiting Coach Collis. He took a great deal of pride in the students there and in the football field that was named after him.
I think one of the reasons that we got along so well was that Coach Collis was a short guy just like me, but as the other speaker said, he carried a pretty big punch. I hope that my colleagues will support this resolution.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I rise in support of ACR 53. Back when I played for the White Pine High School Bobcats, Coach Collis was my coach. I'll always remember him as a great man who was a positive influence on a lot of kids at White Pine High School.
Assemblywoman Ohrenschall:
I have with me today to receive the resolution, members of Coach Collis' family from both northern and southern Nevada and two close family friends. With me are Barbara Pope, his niece; Robert Collis, his son, who is incorrectly identified in the resolution as Ronald--apparently bad handwriting got in the way on that; Constance Pope, his sister; and two good friends of the family, Joanne Fuller and Bert Cooper. If you would all please make them welcome.
Resolution adopted.
By Assemblymen Evans, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 54--Commending Nevadans who assist legal immigrants in learning English and becoming naturalized citizens.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans, Anderson, Chowning, Carpenter, Giunchigliani and Segerblom.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Evans:
Thank you, Mr. Speaker. As the members can see, ACR 54 is a rather lengthy resolution. I asked the Chief Clerk not to read it in its entirety; rather we can speak to the substance of its message.
In recent years some individuals and certain groups have made it their mission to disparage those who come to this country and to blame them for all manner of ills in our nation and state. The fact is that many of us in this body are first or second generation Americans, and we should not forget the contributions of the many who have come here over the decades. My mother was born in this country and my father was European. He was an honest, hard-working, and wonderful man. He was loyal to this country and was very patriotic.
This resolution recognizes and applauds the many talents and contributions of those who have come to our shores. It also gives recognition to those in our state who are making a special effort to assist immigrants to become full participants in our American way of life.
The resolution cites many outstanding individuals and groups. I'm sure there are some we've overlooked. I regret that, but the folks listed come quickly to mind, and we would like to give them a moment of attention: in Las Vegas, Pricilla Rocha; in Reno, Dr. Emma Sepulveda, Associate Professor of Foreign Language at UNR, whose work in helping immigrants is facilitated by the University; the Eldorado Hotel and Casino, in conjunction with local agencies; in Las Vegas, the Mirage Resorts and the Culinary Workers' Union (Local 226), who conduct naturalization programs and assist their people in learning the language.
Mr. Speaker, yesterday, in some rather eloquent remarks about our state, the Majority Leader used these words, "Our diversity is what makes this state so great." I urge the members of this body and all citizens of Nevada to be a participant in helping people who come here learn our language and become fully franchised by becoming naturalized citizens.
Assemblyman Anderson:
I rise in support of ACR 54. As a first-generation American, I recall my mother taking immigration lessons and trying to learn the history of the United States. Long after she became a citizen, my mother made sure that I met her citizenship teacher and appropriately thanked her.
You would assume that someone from Ireland would be fluent in the English language. However, I clearly remember my father telling me of crossing the United States on a train when he first arrived in this country. He ordered ham and eggs for his meal because that was what the rest of the passengers were eating and it was the only part of the menu that he could figure out.
Acclimating yourself to a new culture is very, very difficult for any group, even if you read and understand the language. These individuals and groups provide a great service in helping immigrants to understand the traditions of this country and the uniqueness of the society in which we live. Their efforts often go without thanks, except from those of us who have benefitted from their service.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I stand in proud support of ACR 54. Everyone knows of my background as a foreign language teacher and my work with a district that has lots of wonderful, diversified folks. I feel that my life is so enriched by the people that I have come into contact with who honor me with the diversity of their culture.
I've had the privilege of working with Priscilla Rocha, who is an elementary teacher. The work that she has done is marvelous. From a classroom, she has started a building that reaches out in ways that you cannot believe, with volunteerism extraordinare. Many residents have become citizens with the help of Priscilla; the Mirage; and a former colleague of ours, Mr. Garner, through his work at the community college; and the Culinary Workers' Union. These people have such pride. I cannot tell you how thrilling it is when you go to a citizenship ceremony and have people proudly raise the flag and show that they are now citizens. I work with people like María Saldaña, who was in tears as she told me, "Now, I am able to vote." These people come to our country and bring a diversity from all over the world, and our lives are enriched. I'm so very proud of all of the work that they have put forward.
I appreciate the efforts of the people named in this resolution who have reached out to help others become citizens of our country. I thank our colleague for bringing it forward.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I rise in support of ACR 54. When I was in the ranching business, many Basque people worked for me. I was always very proud to see them become citizens of this great country. I, too, can relate to my colleague's description of her feelings as she stands up with people when they become United States citizens. They are so proud. Even now, I have a number of people working for me who are not naturalized citizens. We call one gentleman "Little Guy;" he is even littler than some of our colleagues. "Little Guy" became a naturalized citizen and last fall was the first time he could vote. Somebody at our place asked him where he was going and he said, "Well I'm going to go vote, and I'm a Republican."
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I, too, rise in support of ACR 54. I think the resolution is indicative of the spirit of a true community partnership. When I ran for office in 1991, there was a radio talk show host from the northern part of the state who made the accusation that because I was born in Italy, I was not allowed to serve in the legislature and that everything that we voted on was null and void. I am a citizen of the United States.
I do think that at some point we forgot that our country was built on immigration. It is no longer a dirty word. Unfortunately, we're going through a cycle right now where there is a little bit of intolerance. These types of programs help break down those barriers so that we can work together with the people who come here and want to be citizens. We can help them become a part of our society.
I commend my colleague for bringing this resolution forward.
Assemblywoman Segerblom:
Thank you, Mr. Speaker. I rise in support of ACR 54. I want to thank those Nevadans who are helping immigrants learn the English language. We lived in Panama for six years, and I wish someone had helped me learn Spanish, especially Mrs. Chowning.
Resolution adopted.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 631, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 601, 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 Infrastructure, to which was referred Assembly Bill No. 570, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Joint Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Joint Resolution No. 20, 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 Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 465, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Assembly Bill No. 345, 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
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 654--An Act relating to state financial administration; extending the prospective date for the reversion of the appropriation made during the previous session to the Nevada Commissioner for Veteran Affairs for improvements to veterans' cemeteries; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
In compliance with a notice given on a previous day, Assemblyman Mortenson moved that the vote whereby Assembly Bill No. 303 was refused passage be reconsidered.
Motion carried.
Assemblywoman Freeman moved that Assembly Bill No. 30 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Goldwater moved that Assembly Bill No. 303 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Perkins moved that Assembly Bills Nos. 123, 221, 337, 363, 404, 454, 496, 498, 521, 542, 566, 580 be placed on the General File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 262.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 914.
Amend the bill as whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Architects, registered interior designers, residential designers, professional engineers and landscape architects may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants outside of their field of practice, or with nonregistrants, if control and two-thirds ownership of the business organization or association is held by persons registered in this state pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2. If a partnership, corporation, limited-liability company or other form of business organization or association wishes to practice pursuant to the provisions of this section, it must:
(a) Demonstrate to the board that it is in compliance with all provisions of this section.
(b) Pay the fee for a certificate of registration pursuant to NRS 623.310.
(c) Qualify to do business in this state.
(d) If it is a corporation, register with the board and furnish to the board a complete list of all stockholders when it first files with the board and annually thereafter within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each stockholder.
(e) If it is a partnership, limited-liability company or other form of business organization or association, register with the board and furnish to the board such information analogous to that required by paragraph (d) as the board may prescribe by regulation.
3. A partnership, corporation, limited-liability company or other form of business organization or association practicing under the provisions of this section may not perform, promote or advertise the services of a registrant unless that registrant is an owner of the business organization or association.
4. As used in this section, "control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a business organization or association.
Sec. 2. NRS 623.350 is hereby amended to read as follows:
623.3501. [This chapter does not prevent firms, partnerships, corporations or associations of architects, registered interior designers, professional engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2.] Every office or place of business of any [firm,] partnership, corporation , limited-liability company or other business organization or association engaged in the practice of architecture [must] pursuant to the provisions of section 1 of this act shall have an architect who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the architectural work conducted in the office or place of business.
[3.] The provisions of this subsection [2] do not apply to [firms,] partnerships, corporations , limited-liability companies or other business organization or associations engaged in the practice of architecture at offices established for construction administration.
2. A registrant practicing in a business organization or association which holds a certificate issued pursuant to section 1 of this act remains subject to NRS 89.220.
3. If a nonregistrant, or a registrant who is not an owner, employed by or affiliated with a business organization or association which holds a certificate issued pursuant to section 1 of this act is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the registrants who are owners responsible for the violation.
Sec. 3. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
A city or county building inspector, or other officer performing the functions of that position, shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the city or county officer at least three times.
Sec. 4. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
A public body shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the public body at least three times.".
Amend the title of the bill to read as follows:
- "AN ACT relating to architecture; revising provisions for practice in groups; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "SUMMARY--Revises provisions concerning architecture. (BDR 54-1446)".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Assemblyman Arberry moved that Assembly Bill No. 262 be re-referred to the Committee on Commerce.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Commerce.
Assembly Bill No. 519.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 857.
Amend section 1, page 1, by deleting lines 2 through 4 and inserting:
"the Health Division of the Department of Human Resources the sum of $50,000 for continuation of the program developed by the perinatal substance abuse subcommittee of the Advisory Board on Maternal and Child Health.".
Amend the title of the bill to read as follows:
- "AN ACT making an appropriation to the Health Division of the Department of Human Resources for the continuation of the program developed by the perinatal substance abuse subcommittee of the Advisory Board on Maternal and Child Health; and providing other matters properly relating thereto.".
- Amend the summary of the bill to read as follows:
- "SUMMARY--Makes appropriation to Health Division of Department of Human Resources for continuation of program developed by perinatal substance abuse subcommittee of Advisory Board on Maternal and Child Health. (BDR S-1691)".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 543.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 758.
Amend sec. 3, page 3, line 17, by deleting "immediately".
Amend sec. 3, page 3, line 18, by deleting "indications" and inserting "indications . ".
Amend sec. 3, page 3, by deleting lines 19 through 21 and inserting:
"having been issued.] The admonition must be removed from the records of the employee [not later than 3 years] :
(a) If it is a notation of an oral admonition, 6 months after it is issued.
[2. An administrator need not]
(b) If it is the first written admonition of the employee, 1 year after it is issued.
(c) For each written admonition of the employee after the first written admonition, 2 years after it is issued.".
Amend sec. 3, page 3, line 37, after "nonreemployment and " by inserting:
", if feasible,".
Amend sec. 4, page 4, line 29, after "suspension and " by inserting:
", if feasible, to".
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblymen Segerblom and Bache.
Potential conflicts of interest declared by Assemblymen Bache, Anderson and Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 583.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 715.
Amend the bill as a whole by renumbering sections 1 through 5 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 547 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If property in public or private ownership:
(a) Is designated or considered to be agricultural land or is otherwise dedicated to an agricultural purpose or use; and
(b) Is used by an agricultural association for an exhibition, fair or other special event that is authorized pursuant to subsection 4 of NRS 547.090 or NRS 547.110,
the use of the property by the agricultural association shall be deemed to be an expanded agricultural use, and such use must not be construed to have affected or changed the agricultural status of the property that existed before it was used by the agricultural association.
2. The provisions of subsection 1 apply to all property used by an agricultural association, including, but not limited to, property that is:
(a) Owned or leased by the agricultural association; or
(b) Made available by another person for use by the agricultural association pursuant to a donation, gift, grant of authorization or permission, or other similar means.
Sec. 2. NRS 547.040 is hereby amended to read as follows:
547.040 1. [Within] Not later than 10 days after [the formation of] an agricultural association [within any of the agricultural districts constituted] is formed within an agricultural district listed in NRS 547.010 [in accordance with] pursuant to the provisions of this chapter : [, eight resident citizens of such agricultural district shall be appointed as members of a district board of agriculture for the district by:]
(a) The governor [for agricultural districts] , if the agricultural district is comprised of more than one county [.] , shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or
(b) The board of county commissioners [for each county which] , if the agricultural district constitutes a single-county agricultural district [.] , shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.
2. Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:
(a) One of their number as president of the board and association, who shall hold the office of president for 1 year and until his successor is elected.
(b) A secretary and a treasurer.
3. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of the first class [shall] expire at the end of the first fiscal year. The terms of office of the second class [shall] expire at the end of the second fiscal year. The terms of office of the third class [shall] expire at the end of the third fiscal year. The terms of office of the fourth class [shall] expire at the end of the fourth fiscal year.".
Amend sec. 4, pages 2 and 3, by deleting lines 43 and 44 on page 2 and lines 1 through 4 on page 3 and inserting:
"2. The term does not include leasing the land to or otherwise permitting the land to be used by an agricultural association formed pursuant to chapter 547 of NRS.
3. As used in this section:
(a) "Final map" has the meaning ascribed to it in NRS 278.0145.
(b) "Parcel map" has the meaning ascribed to it in NRS 278.017.".
Assemblywoman Segerblom moved the adoption of the amendment.
Remarks by Assemblywoman Segerblom.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 594.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 824.
Amend section 1, page 1, line 3, by deleting "life" and inserting "life, health".
Amend section 1, page 1, line 5, by deleting "life" and inserting "life, health".
Amend section 1, page 1, line 14, by deleting "an" and inserting "an:".
Amend section 1, page 1, by deleting lines 15 through 17 and inserting:
"(a) Irrigation diversion structure; or
(b) Outfall structure that is regulated by an individual permit issued pursuant NRS 445A.300 to 445A.730, inclusive,
if the irrigation diversion structure or outfall structure is not altered beyond the existing permitted size, configuration and location and the river bed is not disturbed.".
Amend section 1, page 2, line 32, by deleting "90 " and inserting "60 ".
Amend section 1, page 2, line 38, by deleting "90 " and inserting "60 ".
Amend section 1, page 3, line 4, after "with" by inserting:
"the provisions of NRS 455.080 to 455.180, inclusive, and ".
Amend sec. 4, page 3, line 43, by deleting "90 " and inserting "60 ".
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. 607.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 858.
Amend sec. 2, page 2, line 9, after "3." by inserting:
"The interest and income earned on the money in the Nevada children's gift account, after deducting any applicable charges, must be credited to the gift account.
4.".
Amend sec. 2, page 2, by deleting lines 11 through 16 and inserting:
"to NRS 423.135 an amount not to exceed the amount of interest and income earned for that fiscal year on the money in the Nevada children's gift account.".
Amend sec. 2, page 2, line 17, by deleting "4." and inserting "[4.] 5.".
Amend sec. 4, page 3, line 12, by deleting "appropriated " and inserting "authorized ".
Amend sec. 4, page 3, line 23, by deleting "appropriated " and inserting "authorized ".
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. 615.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 799.
Amend section 1, page 1, line 12, after "fingerprints" by inserting:
"to the central repository for Nevada records of criminal history for submission".
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. 619.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 859.
Amend section 1, page 1, line 3, after "act," by inserting:
"the sum of $10,000".
Amend section 1, page 1, line 4, by deleting the colon and inserting a period.
Amend section 1, page 1, by deleting lines 5 through 9 and inserting:
"2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general".
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. 626.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 809.
Amend the bill as a whole by renumbering section 1 as sec. 7 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
"Section 1. NRS 630.375 is hereby amended to read as follows:
630.375 1. The form for any prescription which is issued for an ophthalmic lens by an ophthalmologist in this state must contain lines or boxes in substantially the following form:
- Approved for contact lenses _________
- Not approved for contact lenses _________
2. The prescribing ophthalmologist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.
3. If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.
4. The initial fitting of a contact lens must be performed by:
(a) A dispensing optician licensed pursuant to NRS 637.122; or
(b) An ophthalmologist or optometrist licensed in this state.
Sec. 2. NRS 636.022 is hereby amended to read as follows:
636.022 "Prescription" means a written direction from a licensed optometrist to [prepare] :
1. Prepare an ophthalmic lens for a patient [.] ; or
2. Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.
Sec. 3. NRS 636.387 is hereby amended to read as follows:
636.387 1. The form for any prescription which is issued for an ophthalmic lens by an optometrist in this state must contain lines or boxes in substantially the following form:
- Approved for contact lenses __________
- Not approved for contact lenses __________
2. The prescribing optometrist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.
3. If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.
4. The initial fitting of a contact lens must be performed by:
(a) A dispensing optician licensed pursuant to NRS 637.122; or
(b) An ophthalmologist or optometrist licensed in this state.
Sec. 4. NRS 637.0235 is hereby amended to read as follows:
637.0235 "Prescription" means a direction from a licensed prescriber to [prepare] :
1. Prepare therapeutic or corrective lenses [.] ; or
2. Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.
Sec. 5. NRS 637.200 is hereby amended to read as follows:
637.200 The following acts constitute misdemeanors:
1. The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.
2. Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.
3. Furnishing or advertising the furnishing of the services of a refractionist, optometrist, [or] physician or surgeon.
4. Changing the prescription of a lens without an order from a person licensed to issue such a prescription.
5. Filling a prescription for a contact lens in violation of the expiration date or number of refills specified by the prescription.
6. Violating any provision of this chapter.
Sec. 6. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell [,] or dispense , or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed , any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he:
(a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, [or] a registered pharmacist [;] , or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and
(b) Complies with the regulations adopted by the board.
2. Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless he has obtained a license from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled "For Veterinary Use Only" is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until he has obtained a license from the board.
4. Each application for such a license must be made on a form furnished by the board and an application must not be considered by the board until all the information required thereon has been completed. Upon approval of the application by the board and the payment of the required fee, the board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location, and renewed biennially.".
Amend the bill as a whole by renumbering sec. 2 as sec. 10 and adding new sections designated sections 8 and 9, following section 1, to read as follows:
"Sec. 8. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 9. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.".
Amend the title of the bill to read as follows:
- "AN ACT relating to health care; making various changes concerning the prescribing, selling, furnishing and fitting of contact lenses; authorizing a registered nurse certified in oncology to dispense drugs under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes various changes concerning health care. (BDR 54-1665)".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 628.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 862.
Amend section 1, page 1, by deleting line 5 and inserting:
"subsection [2, the qualified electors of the township may increase] 3, the number".
Amend section 1, page 1, line 6, after "peace" by inserting:
"in a township must be increased ".
Amend section 1, page 1, by deleting line 19 and inserting:
"2. Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the board of county commissioners shall, after March 15 of the even-numbered year in which the population of the township provides for such an increase, either:
(a) Appoint a suitable person to fill the position until the next ensuing biennial election; or
(b) Provide by resolution for an election procedure to fill the position until the next ensuing biennial election.
3. If the schedule set forth in subsection 1[allows] provides for an increase in the".
Amend section 1, page 2, by deleting line 2 and inserting:
"notify the director of the legislative counsel bureau and the board of county commissioners of their opinion [.] on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The".
Amend section 1, page 2, line 3, after "director" by inserting:
"of the legislative counsel bureau".
Amend section 1, page 2, by deleting line 5 and inserting:
"director [,] of the legislative counsel bureau and the board of county commissioners, the number of justices [may] must not be increased during that period".
Amend section 1, page 2, line 7, by deleting "3." and inserting "[3.] 4.".
Amend section 1, page 2, line 9, by deleting "4." and inserting "[4.] 5.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 13.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 863.
Amend sec. 7, page 2, line 11, by deleting "or".
Amend sec. 7, page 2, by deleting line 13 and inserting:
"mail from the person; or
(c) The advertisement is readily identifiable as promotional, or contains a statement providing that it is an advertisement, and clearly and conspicuously provides:
(1) The legal name, complete street address and electronic mail address of the person transmitting the electronic mail; and
(2) A notice that the recipient may decline to receive additional electronic mail that includes an advertisement from the person transmitting the electronic mail and the procedures for declining such electronic mail.".
Amend the bill as a whole by adding a new section designated sec. 9, following sec. 8, to read as follows:
"Sec. 9. This act becomes effective on July 1, 1998.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 145.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 864.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1 Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon registering a convicted person pursuant to the provisions set forth in NRS 207.080 to 207.150, inclusive, a sheriff or a chief of police shall forward all information concerning such registration to the central repository for Nevada records of criminal history in the manner prescribed by the director of the department of motor vehicles and public safety.".
Amend section 1, page 1, line 2, after "inclusive," by inserting:
"and section 1 of this act,".
Amend section 1, page 1, by deleting lines 4 through 10 and inserting:
"(a) [Any] A person convicted in the State of Nevada of an offense that is punishable as a felony or convicted in any place other than the State of Nevada of a felony . [or any other offense which is punishable by imprisonment for 1 year or more.
(b)
- Any]
- (b) A person convicted in the State of Nevada , or elsewhere, of the".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 3, to read as follows:
"Sec. 5. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. "Record of criminal history" means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision occurring in Nevada, [and] information concerning the status of an offender on parole or probation [.] , and information concerning a convicted person who has registered as such pursuant to NRS 207.080 to 207.150, inclusive. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase "criminal history record information" as used in federal regulations.
2. "Record of criminal history" does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.
(b) Information concerning juveniles.
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.
(f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.
(g) Records of traffic violations constituting misdemeanors.
(h) Records of traffic offenses maintained by the department to regulate the issuance, suspension, revocation or renewal of drivers' or other operators' licenses.
(i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners, except information concerning the status of an offender on parole or probation.
(j) Records which originated in an agency other than an agency of criminal justice in this state.".
Amend the title of the bill by deleting the first and second lines and inserting:
- "AN ACT relating to convicted persons; requiring a sheriff or a chief of police with whom a convicted person has registered to forward information concerning such registration to the central repository of Nevada records of criminal history in the manner prescribed by the director of the department of motor vehicles and public safety;".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 209.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 808.
Amend section 1, page 1, line 3, by deleting "reimburse," and inserting "pay,".
Amend section 1, page 1, line 5, by deleting "care; or" and inserting:
"care licensed pursuant to NRS 449.030; or".
Amend section 1, page 1, line 7, by deleting "costs of " and inserting "services for".
Amend the title of the bill by deleting the second and third lines and inserting:
"resources to pay licensed providers of hospice care for services for hospice care provided to persons who are eligible for such assistance; and providing other".
Amend the summary of the bill to read as follows:
- "SUMMARY--Provides for payment to licensed providers of hospice care for services for hospice care provided to medically indigent persons. (BDR 38-293)".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 242.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 876.
Amend the bill as a whole by renumbering sections 1 through 11 as sections 6 through 16 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. Chapter 646 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 646.010 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Motor vehicle" means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.
Sec. 4. 1. A pawnbroker who receives a motor vehicle in pledge as security for a loan pursuant to NRS 646.050 may remove the motor vehicle from his place of business to a place used by the pawnbroker for the storage of motor vehicles received in pledge.
2. The pawnbroker:
(a) Shall hold the motor vehicle at the place of storage for the same period that personal property must be held at his place of business pursuant to this chapter; and
(b) May only remove the motor vehicle from the place of storage under the same conditions that personal property may be removed from his place of business pursuant to this chapter.
Sec. 5. NRS 646.010 is hereby amended to read as follows:
646.010 [Every] "Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or other secured transactions in personal property . [, shall be deemed to be a pawnbroker.]".
Amend sec. 2, page 2, by deleting line 9 and inserting:
"4. A pawnbroker shall not charge more than $3 per day for the".
Amend sec. 4, page 2, line 40, by deleting:
"5 to 11," and inserting:
"10 to 16,".
Amend the bill as a whole by renumbering sections 12 through 16 as sections 18 through 22 and adding a new section designated sec. 17, following sec. 11, to read as follows:
"Sec. 17. 1. A junk dealer or secondhand dealer may not, as part of his business as a junk dealer or secondhand dealer, buy and sell motor vehicles.
2. As used in this section, "motor vehicle" means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.".
Amend sec. 12, page 4, line 1, by deleting:
"5 to 10," and inserting:
"10 to 15,".
Amend the title of the bill to read as follows:
- "AN ACT relating to businesses; authorizing a pawnbroker who receives a motor vehicle in pledge as security for a loan to store the motor vehicle; allowing property received in pledge by a pawnbroker to be removed from his place of business pursuant to a search warrant; increasing the interest rate a pawnbroker may charge and receive for money loaned on certain personal property; prohibiting a junk dealer or secondhand dealer from buying and selling motor vehicles as a part of his business; clarifying that a person who buys and sells antiques and collectibles is a secondhand dealer; revising the provisions relating to the period for the retention of certain types of property by secondhand dealers; providing a penalty; and providing other matters properly relating thereto.".
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. 295.
Bill read second time and ordered to third reading.
Senate Bill No. 398.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 823.
Amend section 1, page 3, by deleting lines 8 through 10.
Amend the title of the bill by deleting the fourth through sixth lines and inserting:
"state department of conservation and natural resources; and providing other matters properly relating thereto.".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 448.
Bill read second time and ordered to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Concurrent Resolution No. 45, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Wendell P. Williams,
Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 33 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblywoman Freeman moved that Senate Bill No. 209 be placed on the Chief Clerk's desk after reprint.
Remarks by Assemblywoman Freeman.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:43 a.m.
ASSEMBLY IN SESSION
At 11:54 a.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Senate Bill No. 33.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 868.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 4 and 5 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A child under 18 years of age shall not possess or use cigarettes, cigarette paper, tobacco of any description or products made from tobacco on a school bus or on school property. A child under 18 years of age who engages in such conduct is a child in need of supervision and care or rehabilitation as provided in paragraph (a) of subsection 1 of NRS 62.040.
Sec. 3. 1. If a child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act, in addition to any action ordered pursuant to the provisions of this chapter, the court shall:
(a) The first time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act:
(1) Impose a fine of $50 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 or require the child to perform community service in the manner provided pursuant to subsection 3, or both; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county.
(b) The second time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act:
(1) Impose a fine of $100 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 or require the child to perform community service in the manner provided pursuant to subsection 3, or both; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county.
(c) The third or any subsequent time the child is found to be in need of supervision and care or rehabilitation pursuant to section 2 of this act, order the suspension of the driver's license of the child for a period not to exceed 1 year. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for a period not to exceed 1 year:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver's license of a child pursuant to this paragraph, the court shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If the court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph.
2. If a child is required to complete a class designed to discourage the use of tobacco products pursuant to this section, the court shall order the child or his parent or guardian to pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service in a manner provided pursuant to subsection 3.
3. If a child is required to perform community service pursuant to this section, the community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
4. On or before the fifth day of each month for the preceding month, the clerk of the court shall pay any money collected for fines imposed pursuant to this section to the county treasurer. On or before the 15th day of that month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the juvenile court of the county or for services to juvenile offenders.".
Amend sec. 2, page 4, by deleting lines 5 through 9 and inserting:
"(2) Possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco as prohibited by section 2 of this act.".
Amend sec. 2, page 4, by deleting lines 20 through 30 and inserting "Nevada.".
Amend sec. 2, page 4, line 33, after "2." by inserting:
"For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3.".
Amend sec. 3, page 5, line 12, by deleting "1 " and inserting "2".
Amend the bill as a whole by renumbering sections 4 through 6 as sections 7 through 9 and inserting a new section designated sec. 6, following sec. 3, to read as follows:
"Sec. 6. NRS 62.175 is hereby amended to read as follows:
62.175 [Whenever any]
1. If a child is stopped by a peace officer for [any] a violation of a traffic law or an ordinance [which] that is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
2. If a child is detained by a peace officer for engaging in conduct prohibited by section 2 of this act, the peace officer may prepare and issue a written citation:
(a) Informing the child of the violation; and
(b) Notifying the child that he is subject to juvenile proceedings pursuant to this chapter.
If the child gives his written promise to appear for proceedings pursuant to this chapter by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation. The officer shall provide a copy of the citation to the district attorney and the court. The citation shall be deemed to be a complaint pursuant to NRS 62.128 alleging that the child is in need of supervision.".
Amend sec. 4, page 5, line 14, by deleting "[,]" and inserting:
", [and] section 1 of Assembly Bill No. 39 of this session".
Amend sec. 4, page 5, line 15, by deleting "1 " and inserting "2".
Amend sec. 4, page 6, line 14, after "for" by inserting:
"at least 90 days but".
Amend sec. 4, page 6, by deleting line 16 and inserting:
"the child from receiving a driver's license for at least 90 days but not more than 2 years:".
Amend sec. 4, page 6, line 18, by deleting "apply for" and inserting "receive".
Amend sec. 4, page 6, line 20, by deleting "apply for" and inserting "receive".
Amend sec. 4, page 6, lines 26 and 27, by deleting "apply for" and inserting "receive".
Amend sec. 4, page 7, between lines 19 and 20, by inserting:
"(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.".
Amend sec. 4, page 7, line 40, by deleting "At" and inserting:
"Except as otherwise provided in section 7 of [this act,] Senate Bill No. 102 of this session, at".
Amend sec. 5, page 8, line 34, by deleting "1 " and inserting "2".
Amend sec. 6, page 8, line 38, by deleting "section 1 " and inserting:
"sections 2 and 3".
Amend sec. 6, page 8, line 39, by deleting the period and inserting:
"and sections 2 and 3 of [this act.] Assembly Bill No. 176 of this session.".
Amend sec. 6, page 9, line 1, by deleting "1 " and inserting "3".
Amend sec. 6, page 9, line 3, by deleting the period and inserting:
"or section 2 of [this act.] Assembly Bill No. 176 of this session.".
Amend the bill as a whole by renumbering sections 7 through 11 as sections 25 through 29 and adding new sections designated sections 10 through 24, following sec. 6, to read as follows:
"Sec. 10. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 19, inclusive, of this act.
Sec. 11. The legislature hereby finds and declares that:
1. The Surgeon General of the United States has determined that the smoking of tobacco is the leading cause of preventable death in the United States, and that approximately 434,000 Americans and 2,000 residents of this state die each year of diseases attributable to the smoking of tobacco. The Centers for Disease Control and Prevention of the Department of Health and Human Services has determined that the State of Nevada ranked first in the United States during 1994 for the percentage of deaths attributable to the smoking of tobacco.
2. The Surgeon General of the United States has determined that approximately 3,000 children begin smoking tobacco each day. The Department of Health and Human Services, the Public Health Service, the National Institute for Health and the National Cancer Institute have determined that more than one-half of all persons who smoke tobacco begin smoking tobacco before 14 years of age, and that 90 percent of all persons who smoke tobacco begin smoking tobacco before 19 years of age. It is estimated that children spend approximately $1.5 billion on cigarettes and other products made from tobacco each year.
3. Cigarettes and other products made from tobacco are some of the most heavily advertised products in the United States. Such advertising creates an aura of glamour, intrigue and enticement for children, has a powerful and persuasive impact on their impressionable minds, and ultimately stimulates their desires to use cigarettes and other products made from tobacco before they are intellectually and emotionally capable of making an informed and rational decision about such use.
4. Outdoor advertising signs constitute a prominent and unique form of advertising. Because certain outdoor advertising signs are located near schools, children are unavoidably exposed to such signs simply by walking to school or engaging in activities on school grounds. Therefore, children are a captive audience to outdoor advertising signs located near schools and are repeatedly subjected to the unavoidable messages displayed on such signs, usually without the benefit of a parent or adult to help them assess the nature and the value of the messages.
5. This state has a compelling interest in protecting the physical and psychological welfare of children and in shielding their developing minds and bodies from the harmful influence of advertisements for cigarettes and other products made from tobacco. The children of this state are most vulnerable to the harmful influence of such advertisements when they are a captive audience while walking to school or engaging in activities on school grounds. To protect the children of this state in those areas where they are most likely to be a captive audience, it is necessary to prohibit advertisements for cigarettes and other products made from tobacco from being placed on outdoor advertising signs located near schools.
Sec. 12. "Distribute" includes, without limitation, furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
Sec. 13. "Health authority" means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 14. "Outdoor advertising sign" means a sign or billboard that is:
1. Placed outdoors;
2. Affixed, temporarily or permanently, to the ground, a building, a structure or a freestanding support; and
3. Designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction.
Sec 15. "Private school" has the meaning ascribed to it in NRS 394.103.
Sec 16. "Public school" has the meaning ascribed to it in NRS 385.007.
Sec. 17. 1. Except as otherwise provided in subsection 3, a person shall not place an advertisement on an outdoor advertising sign or pay for or otherwise cause an advertisement to be placed on an outdoor advertising sign if:
(a) The advertisement advertises or promotes cigarettes, tobacco of any description or a product made from tobacco; and
(b) The outdoor advertising sign is located within 500 feet from the property line of a public school or private school and is visible from the public school or private school.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3. The provisions of this section do not apply to an outdoor advertising sign that is located on property on which a business:
(a) Manufactures cigarettes, tobacco of any description or a product made from tobacco; or
(b) Sells as its primary commodity cigarettes, tobacco of any description or products made from tobacco.
Sec. 18. 1. The attorney general or a district attorney may bring an action in the name of the State of Nevada to enjoin a violation of the provisions of section 17 of this act.
2. If the court finds that a violation of the provisions of section 17 has been committed, in addition to issuing an injunction and any other appropriate remedy, the court shall impose upon the person who committed the violation a civil penalty of not more than $1,000.
Sec. 19. Any money recovered pursuant to section 17 or 18 of this act as a civil penalty must be deposited in a separate account in the state general fund to be used for the enforcement of section 17 of this act.
Sec. 20. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:
1. "Distribute" includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. "Health authority" means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.] , and sections 11 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 21. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 [.] and sections 2 and 17 of this act.
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494 [.] and section 17 of this act.
Sec. 22. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
2. The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district [which prohibits the use of tobacco by pupils] need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8. As used in this section:
(a) "Child care facility" means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.
(b) "Licensed gaming establishment" has the meaning ascribed to it in NRS 463.0169.
(c) "Public building" means any building or office space owned or occupied by:
(1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.
(2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) "School bus" has the meaning ascribed to it in NRS 483.160.
Sec. 22.5. NRS 202.2496 is hereby amended to read as follows:
202.24961. As necessary to comply with applicable federal law, the attorney general shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the attorney general may contract with:
(a) Any sheriff's department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the attorney general, perform the inspection in a fair and impartial manner.
2. A sheriff's department or police department may, within its jurisdiction and independently of the attorney general, conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. The department shall report the results of any such inspection to the attorney general.
3. If [the] an inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child's parent for such assistance.
[3.] 4. A child assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 18 years of age.
[4.] 5. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child's appearance to make him appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
[5.] 6. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and the position held by him;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.
[6.] 7. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 23. NRS 391.275 is hereby amended to read as follows:
391.275 [The]
1. Except as otherwise provided in subsection 2, the jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district, for the purpose of:
[1.] (a) Protecting school district personnel, pupils, or real or personal property; or
[2.] (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.
2. A school police officer may issue a citation pursuant to subsection 2 of NRS 62.175 to a person who is under 18 years of age if the person engages in conduct prohibited by section 2 of this act.
Sec. 24. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of trustees of each school district shall adopt and enforce measures for disciplining a pupil who engages in conduct prohibited by section 2 of this act.".
Amend sec. 7, page 9, line 30, by deleting "1 " and inserting "3".
Amend sec. 7, page 9, line 31, after "62.228" by inserting:
"or section 2 of [this act] Assembly Bill No. 176 of this session".
Amend sec. 8, page 10, by deleting line 1 and inserting:
"(1) A violation of subsection 2 of NRS 484.377 or NRS 484.3795 or".
Amend sec. 8, page 10, line 29, by deleting "484.3794" and inserting "484.3794,".
Amend sec. 8, page 11, line 1, by deleting "1 " and inserting "3".
Amend sec. 8, page 11, line 2, after "62.228," by inserting:
"or section 2 of [this act,] Assembly Bill No. 176 of this session,".
Amend sec. 9, page 11, line 26, by deleting "1 " and inserting "3".
Amend sec. 9, page 11, line 27, after "62.228," by inserting:
"or section 2 of [this act,] Assembly Bill No. 176 of this session,".
Amend sec. 9, page 12, line 7, by deleting "by" and inserting "pursuant to".
Amend sec. 10, page 12, line 19, by deleting "1 " and inserting "3".
Amend sec. 10, page 12, by deleting lines 20 and 21 and inserting:
"subsection 1 of NRS 62.211, NRS 62.227 and section 3 of [this act,] Assembly Bill No. 176 of this session, set forth any tests and other requirements which".
Amend sec. 10, page 12, line 25, by deleting:
"a person's ability" and inserting:
"the ability of a person".
Amend sec. 11, page 12, line 38, by deleting "1 " and inserting "3".
Amend sec. 11, page 12, line 39, by deleting the period and inserting:
"or section 2 of [this act.] Assembly Bill No. 176 of this session.".
Amend the bill as a whole by renumbering sections 12 and 13 as sections 31 and 32 and adding a new section designated sec. 30, following sec. 11, to read as follows:
"Sec. 30. The health division of the department of human resources shall:
1. Study the factors that contribute to the use by children of cigarettes and other products made from tobacco; and
2. Submit to the legislature, not later than the fifth calendar day of the next regular session of the legislature, a report detailing any findings and recommendations concerning methods of eliminating or decreasing the use by children of cigarettes and other products made from tobacco.".
Amend sec. 13, page 13, by deleting line 4 and inserting:
"Sec. 32. 1. The amendatory provisions of sections 1 to 9, inclusive, and 22 to 29, inclusive, of this act do not apply to:".
Amend sec. 13, page 13, line 5, by deleting "1." and inserting "(a)".
Amend sec. 13, page 13, line 8, by deleting "2." and inserting "(b)".
Amend sec. 13, page 13, after line 11, by inserting:
"2. The amendatory provisions of sections 10 to 21, inclusive, of this act do not apply to an advertisement that is placed on an outdoor advertising sign, as defined in section 14 of this act, before October 1, 1997, unless the advertisement is displayed on or after October 1, 1997.".
Amend the bill as a whole by adding a new section designated sec. 33, following sec. 13, to read as follows:
"Sec. 33. 1. Section 4 of this act become effective at 12:01 a.m. on October 1, 1997.
2. Section 7 of this act becomes effective at 12:04 a.m. on October 1, 1997.".
Amend the title of the bill to read as follows:
- "AN ACT relating to tobacco; prohibiting a minor from possessing or using tobacco products on school property; providing that a minor who engages in such conduct is a child in need of supervision and care or rehabilitation; requiring a minor who engages in such conduct to pay a fine or perform community service; requiring such a minor to attend a class designed to discourage the use of tobacco products for a first or second occurrence; requiring the driver's license of such a minor to be suspended for not less than 1 year for a third or subsequent occurrence; authorizing school police officers and other peace officers to issue a citation to such a minor in certain circumstances; prohibiting certain outdoor advertisements for tobacco products near schools; requiring the health division of the department of human resources to study the factors that contribute to the use of tobacco products by minors; providing penalties; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "SUMMARY--Makes various changes to provisions relating to possession and use of tobacco products by minors and advertising of tobacco products near schools. (BDR 5-388)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 558, 637, 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 re-referred Assembly Bill No. 6, 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
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 491, 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
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 356, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 451, 483, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry, Jr.,
Chairman
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, June 27, 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. 59.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 59.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblymen Hettrick, Ernaut, Marvel, Carpenter, Hickey, Price and Dini.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Hettrick:
Thank you, Mr. Speaker. Unfortunately, none of the Dressler family could be here today. They are all ill. Many of you know Lou Bergevin. Lou served in these chambers for 14 years as the assemblyman from Douglas County. He is Fred Dressler's son-in-law. He left these chambers immediately preceding my arrival and was a great support to me. Apparently Lou has some form of leukemia and is having blood transfusions on a routine basis, so he is not very well today. Frederick Dressler, Fred Dressler's son, frequents this building on various Ways and Means concerns dealing with agricultural issues in which the Dressler family is still very much involved. Frederick's wife is ill today.
Fred Dressler was already an historic figure long before I moved to Nevada in 1972. He was an interesting man. He is the only man I've ever known who had his own personal parking place at Sharky's in Gardnerville because he went there every single morning for breakfast. It was like holding court. Everyone came to essentially kiss Fred's ring and talk about whatever went on. He was an incredible man with incredible knowledge, and it was really something to watch.
Fred was extremely active until the age of 94 or 95, when he was involved in an automobile accident. The accident incapacitated him to the extent that he lost some of his mobility, and he started to go downhill a bit. I remember after Fred was incapacitated and at home, he called me one day and left a message on my answering machine. I called back and asked him how I could help him. He said, "I've got a good friend who is having a problem with his car. I know you like cars. I need somebody who can fix a carburetor." It was incredible. He would call anybody for a friend. He'd do anything for a friend and call anybody he thought might know something to help out.
I would point out to you that if you go down toward the Senate, you'll find a picture of William Dressler, Fred's father, who served in these halls as a senator from Douglas County for 28 years. I believe that is still the record for a senator's service in the state of Nevada. The Dressler family has a long history of service to the state, and I'm glad we did this resolution. I think it is important to pass it on to Lou Bergevin, his daughter, and the rest of the members of his family. Senator Jacobsen and I will personally deliver this to Lute and talk to Lou and send our best regards. I urge your support.
Assemblyman Ernaut:
Thank you, Mr. Speaker. I rise in support of Senate Concurrent Resolution 59. I think it comes as a surprise to many people who have been in this body for a while that I was very, and am still very, very close to Fred's son-in-law, Lou Bergevin. Through Lou and my employment under him, I had the occasion to meet Fred Dressler some years back.
People talk about patriarchs, icons and halls of fame. This guy was all those things. He was a staple to Nevada and a great, great man in so many ways.
When I first met him, I was over at his house on Dressler Lane, of course, and he had a ranch over there for some years. He basically had everything from Douglas High School to California. They owned that side of the road and the Dangbergs owned the other side of the road. We were in his house and we got to talking about my background and where my family was from. Some of my family was from the Douglas County area, and I have two great uncles who are buried in the Gardnerville cemetery. As we were talking, he got into his old roll-top desk--and God knows how old that thing was because at the time he was about 92 and it looked at least two or three times older than him--and he never got rid of anything. He had magazines, and Western Horseman and Louis L'amour from probably 50 and 60 years back. He rummaged through for maybe 15 minutes and pulled out a pay stub to my great uncle, Zaun Leon, from 1919, where my great uncle had run sheep for Fred way back. Just having known him for a grand total of maybe 30 minutes at that time, it was a remarkable feat.
If you read from the resolution, you'll see that he rode the Pony Express and that his last ride was 1992. I want to bring to your attention that he was 94 years old when he rode his last Pony Express ride, and I can tell you he did it with the vim and vigor as he did when he was 34 years old. He served on the State Board of Education for, I think, 40 years. He was involved in so many things political and so many things philanthropic. As the Minority Leader said, he was a staple also at Sharky's. I can tell you, and I'm kind of saddened, because his being incapacitated at the end of his life from the car wreck. I don't mean to make light of that because anybody that ever got into a car that he was driving would understand my story. He had an old Plymouth that he kept at the ranch, and I can't even remember how many years old it was. I made the mistake one day of actually getting in this car and going to Sharky's for breakfast with him, and I can tell you, I have no idea how he lived 94 years driving the way that he did. We banked off of every ditch between Dressler Lane and Sharky's that was out there, and by the time I got to breakfast, I'm not sure I was even hungry because my fingernails were imbedded in the dashboard. Certainly, I offered to drive the car home when we were done.
He was a great man, comes from a very great family. I know there are many stories from within this body from the Speaker, Mr. Marvel and many others. He was truly a Nevadan and truly the patriarch of this area and certainly Nevada is sadder without him.
Assemblyman Marvel:
Thank you, Mr. Speaker. It is a pleasure, in a way, to be here today. I'm sorry that we don't have Fred Dressler with us. I'm also sorry we don't have Lou Bergevin, Frederick and Luetta in our midst.
Fred Dressler was really the epitome of the old Nevada spirit. Independence was his watch word. Nobody ruffled him. If people didn't know better, they would have thought Lou Bergevin was his son because he was kind of a chip off the old block.
Fred always kind of had a running battle with federal bureaucrats. I recall one time, Sam Dupre was his accountant, the same as ours. He was in San Francisco and they were having a problem with the internal Revenue Service and Fred threatened to throw the agent out the window of the seventh story and Sam___ stopped him. After reflecting on it, Sam told me, "That was the biggest mistake I ever made."
One thing about Fred is he was a man of impeccable honor, of the breed that he shook your hand or gave you his word, it was better than a signed contract, and certainly he will be missed by all Nevadans.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I rise in support of SCR 59. I had the pleasure to serve on many boards with Fred Dressler, the BLM Advisory Board and various boards within the livestock organizations. I guess the way you could describe him best is that he was a cowboy's cowboy." I remember I think it was about the first session that I was here and we had another knife bill here. We were going to outlaw knives and Fred Dressler found out about it. He came down here, and the words he used were not very polite. With that and his help, we were able to defeat the knife bill that session.
Fred Dressler was a great guy, and whatever he said, you could take it to the bank, and I know that my life is much better for having known him.
Assemblyman Hickey:
Thank you, Mr. Speaker. I, too, rise in support of SCR 59. Being from an old family myself from Douglas--in fact, we were related through marriage--and in the interests of time I'll only relate one account. Some of you know I had been a reporter before and I was assigned to interview him upon his receiving or being entered into the cowboy hall of fame. I started off the interview by saying to him, "I guess the words of Willie Nelson don't apply to you, Fred. The words, Momma, Don't Let Your Sons Grow Up To Be Cowboys," and he immediately cussed me out, sat me down and said, "You don't know a damn thing about Willie Nelson. He sat right here." And he proceeded to give me about a two-hour lecture. As was said, that was the kind of man he was, and I just wanted to rise today as well. Thank you, Mr. Speaker.
Assemblyman Price:
Thank you, Mr. Speaker. I am very pleased to be able to rise in support of SCR 59. I had the pleasure and was fortunate enough to meet and get to know a little bit and certainly a little bit about and visit with Fred over the early years when I started, and there was no doubt about him being a "cowboy's cowboy." I have to say, the last time that I saw Fred was in fact in Sharky's, and I think it was only a few days before his demise. We like to go down there and eat. Fred comes shuffling across the floor there and they always had a special place and special meals reserved for Fred. I think he even had a bingo thing in his hand or something, but I was thinking at the time how great it was. I guess he was probably 94 then, and he was still getting out and around and coming down to Sharky's, and by the way, they have some wonderful pictures of Fred in the dining room downstairs there if you're ever in Shark's if you take a few moments as you're looking at all of the photographs. From my own perspective the one I think kind of unique thing that I ran across accidentally, I don't know how many years ago, we were having a party in the old archives, some kind of a legislative thing over there. I was flipping through some of our old written records, and low and behold, in handwritten record of I guess what would have been then the department of motor vehicles or their forerunners or what have you, you may be surprised to know that Fred Dresser had the very first issued license plate when they decided to start licensing cars in the state of Nevada. The number "1" went to Fred Dresser, so I always got to remember that, too.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
With your permission, I'd like to take this opportunity to make a few remarks. A couple of generations of Dinis have known the Dresslers, and my dad and Bill Dressler were good friends. When I came here in 1967, one of the first people I met was Fred Dressler, who was chairing the Agriculture Committee, and we continued our association. Fred and I worked on some water law issues a few years ago, and he was very helpful. He knew more about water law and the Carson River than any of our experts. We also worked together on the Subconservancy District and on a multitude of bills.
Fred was always a fair and just man, and the loss of Fred Dressler is a loss for all of Nevada.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 655--An Act relating to state land; authorizing the conveyance of certain land and leaseholds to the City of Las Vegas for use as a public park; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that all rules be suspended and that Assembly Bill No. 345 be declared a emergency measure under the Constitution and placed on Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 345.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 795.
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. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission shall levy and collect an annual assessment from each railroad subject to the jurisdiction of the commission that transports cargo into, out of or through this state to support the activities of the commission relating to railroad safety.
2. The total annual assessment levied on railroads must be equal to one-half of the costs incurred by the commission that are not offset by the fees paid pursuant to NRS 459.512.
3. The commission shall pay the remaining half of the costs that are not offset by the fees paid pursuant to NRS 459.512 and the assessment levied pursuant to this section.
4. On or before August 1 of each year, the commission shall:
(a) Calculate the amount of the assessment to be levied pursuant to this section for the previous fiscal year; and
(b) Mail to each railroad subject to the provisions of this section to the current address of the railroad on file with the commission a notice indicating the amount of the assessment. The failure of the commission to so notify a railroad does not invalidate the assessment.
5. An assessment levied pursuant to this section is due on or before October 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment on or before November 1, shall pay, in addition to the assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent or $10, whichever is greater, except that no penalty may exceed $1,000 for each delinquent payment.
6. If a railroad sells or transfers its certificate of public convenience and necessity or sells or transfers substantially all of its assets, the commission shall calculate, levy and collect the accrued assessment for the current year not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the commission over the sale or transfer of a railroad continues until the assessment of the railroad has been paid.
7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty that is not paid pursuant to this section.".
Amend the title of the bill, third line, after "safety;" by inserting:
"requiring the commission to pay certain expenses for activities of the commission relating to railroad safety;".
Amend the summary of the bill to read as follows:
- "SUMMARY--Requires public service commission of Nevada and certain railroads to pay certain expenses for activities of commission relating to railroad safety. (BDR 58-1228)".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
GENERAL FILE AND THIRD READING
Assembly Bill No. 205.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 205:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 205 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 268.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 268:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 268 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 405.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 405:
Yeas -- 35.
Nays -- Buckley, Ernaut, Hettrick, Hickey, Lambert, Neighbors, Sandoval - 7.
Assembly Bill No. 405 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Herrera moved that Assembly Bill No. 303 be taken from the Chief Clerk's desk and placed on the General File immediately following Senate Joint Resolution No. 13.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 549 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 574 be taken from its position on the General File and placed on the General File immediately following Assembly Bill No. 303.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 606.
Bill read third time.
Remarks by Assemblymen Close, Evans, Koivisto and Herrera.
Conflicts of interest declared by Assemblymen Koivisto, Evans and Humke.
Potential conflict of interest declared by Assemblyman Herrera.
Roll call on Assembly Bill No. 606:
Yeas -- 40.
Nays -- None.
Not voting -- Evans, Humke - 2.
Assembly Bill No. 606 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 123.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 123:
Yeas -- 41.
Nays -- Evans.
Assembly Bill No. 123 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 221.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 221:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 221 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 337.
Bill read third time.
Remarks by Assemblyman Hickey.
Roll call on Assembly Bill No. 337:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 337 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 363.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 363:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 363 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 404.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 404:
Yeas -- 37.
Nays -- Buckley, Giunchigliani, Goldwater, Lambert, Perkins - 5.
Assembly Bill No. 404 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 454.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 454:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 454 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 496.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 496:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 496 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 498.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 498:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 498 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 521.
Bill read third time.
Remarks by Assemblymen Buckley, Freeman and Krenzer.
Conflict of interest declared by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 521:
Yeas -- 41.
Nays -- None.
Not voting -- Krenzer.
Assembly Bill No. 521 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 542.
Bill read third time.
Remarks by Assemblymen Gustavson and Chowning.
Roll call on Assembly Bill No. 542:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 542 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 566.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 566:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 566 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 580.
Bill read third time.
Remarks by Assemblymen Perkins and Price.
Conflict of interest declared by Assemblyman Price.
Roll call on Assembly Bill No. 580:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 580 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Herrera moved that Assembly Bill No. 303 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 137.
Bill read third time.
Remarks by Assemblymen Amodei, Chowning, Ernaut and Price.
Roll call on Senate Bill No. 137:
Yeas -- 37.
Nays -- Chowning, Evans, Freeman, Giunchigliani, Perkins - 5.
Senate Bill No. 137 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 172.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 172:
Yeas -- 42.
Nays -- None.
Senate Bill No. 172 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:54 p.m.
ASSEMBLY IN SESSION
At 1:14 p.m.
Mr. Speaker presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 177.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Senate Bill No. 177:
Yeas -- 42.
Nays -- None.
Senate Bill No. 177 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 183.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 183:
Yeas -- 42.
Nays -- None.
Senate Bill No. 183 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Herrera moved that Assembly Bill No. 303 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 184.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Senate Bill No. 184:
Yeas -- 42.
Nays -- None.
Senate Bill No. 184 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 185.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 185:
Yeas -- 42.
Nays -- None.
Senate Bill No. 185 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Ernaut moved that Senate Bill No. 231 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Ernaut moved that Senate Bill No. 186 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 417.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 417:
Yeas -- 42.
Nays -- None.
Senate Bill No. 417 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblymen Nolan, Segerblom and Price.
Roll call on Senate Joint Resolution No. 13:
Yeas -- 42.
Nays -- None.
Senate Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 303.
Bill read third time.
Remarks by Assemblymen Goldwater, Anderson, Close and Herrera.
Roll call on Assembly Bill No. 303:
Yeas -- 24.
Nays -- Amodei, Berman, Braunlin, Cegavske, Close, Gustavson, Hettrick, Hickey, Humke, Lambert, Lee, Marvel, Nolan, Sandoval, Tiffany - 15.
Not voting -- Anderson, Carpenter, Von Tobel - 3.
Assembly Bill No. 303 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 186.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 186:
Yeas -- 42.
Nays -- None.
Senate Bill No. 186 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 574.
Bill read third time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 923.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The welfare division shall not contract with a person to distribute checks for public assistance unless the person is licensed by the division of financial institutions of the department of business and industry pursuant to Title 55 of NRS.
Sec. 2. This act becomes effective upon passage and approval.".
Amend the title of the bill to read as follows:
- "AN ACT relating to public welfare; prohibiting the welfare division of the department of human resources from contracting with certain persons to distribute checks for public assistance; and providing other matters properly relating thereto.".
- Amend the summary of the bill to read as follows:
- "SUMMARY--Prohibits welfare division of department of human resources from contracting with certain persons to distribute checks for public assistance. (BDR 38-1775)".
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 151, 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, June 27, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 396, 482.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Health and Human Services:
Assembly Bill No. 656--An Act relating to physical therapists; revising provisions governing the temporary licensure of physical therapists; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 396.
Assemblyman Perkins moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
Senate Bill No. 482.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 657--An Act relating to tow cars; requiring operators of tow cars to obtain certificates of public convenience and necessity before operating in this state; requiring the public service commission of Nevada to issue certificates of public convenience and necessity to all operators of tow cars who were previously authorized by the commission to operate in this state; authorizing the commission to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle; requiring operators of tow cars to file their rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle with the commission; making various changes concerning operators of tow cars; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Ernaut gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 303 was this day passed.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 549.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 889.
Amend section 1, page 1, line 3, by deleting "An" and inserting:
"Except as otherwise provided in subsection 2, an".
Amend section 1, page 2, line 7, after "2." by inserting:
"The provisions of this section do not apply to an insurer who issues a policy of health insurance that provides coverage for long-term care or disability income.
3.".
Amend section 1, page 2, line 14, after the italicized semicolon, by inserting "or".
Amend section 1, page 2, line 16, by deleting "mental; or" and inserting "mental.".
Amend section 1, page 2, by deleting lines 17 and 18.
Amend sec. 2, page 2, line 21, by deleting "An" and inserting:
"Except as otherwise provided in subsection 2, an".
Amend sec. 2, page 2, line 33, after "2." by inserting:
"The provisions of this section do not apply to an insurer who issues a policy of group health insurance that provides coverage for long-term care or disability income.
3.".
Amend sec. 2, page 2, line 40, after the italicized semicolon, by inserting "or".
Amend sec. 2, page 2, line 42, by deleting "mental; or" and inserting "mental.".
Amend sec. 2, page 2, by deleting lines 43 and 44.
Amend sec. 3, page 3, line 3, by deleting "A" and inserting:
"Except as otherwise provided in subsection 2, a".
Amend sec. 3, page 3, line 15, after "2." by inserting:
"The provisions of this section do not apply to a carrier serving small employers who issues a policy of health insurance that provides coverage for long-term care or disability income.
3.".
Amend sec. 3, page 3, line 22, after the italicized semicolon, by inserting "or".
Amend sec. 3, page 3, line 24, by deleting "mental; or" and inserting "mental.".
Amend sec. 3, page 3, by deleting lines 25 and 26.
Amend sec. 4, page 3, line 29, by deleting "A" and inserting:
"Except as otherwise provided in subsection 2, a".
Amend sec. 4, page 3, line 41, after "2." by inserting:
"The provisions of this section do not apply to a corporation that issues a policy of health insurance that provides coverage for long-term care or disability income.
3.".
Amend sec. 4, page 4, line 5, after the italicized semicolon, by inserting "or".
Amend sec. 4, page 4, line 7, by deleting "mental; or" and inserting "mental.".
Amend sec. 4, page 4, by deleting lines 8 and 9.
Amend sec. 5, page 4, line 30, after the italicized semicolon, by inserting "or".
Amend sec. 5, page 4, line 32, by deleting "mental; or" and inserting "mental.".
Amend sec. 5, page 4, by deleting lines 33 and 34.
Amend sec. 6, page 5, by deleting line 3 and inserting:
"the requirements of NRS 695C.170 to 695C.200, inclusive, [or] and section 5 of [this act;] Assembly Bill No. 477 of this session and section 5 ".
Amend sec. 6, page 5, line 18, by deleting "under" and inserting "pursuant to".
Amend sec. 6, page 5, by deleting line 28 and inserting:
"comply substantially with the provisions of this chapter.".
Amend sec. 6, page 5, line 31, by deleting "When" and inserting "If ".
Amend sec. 6, page 5, line 36, by deleting "When" and inserting "If ".
Amend sec. 6, page 5, line 41, by deleting "whatsoever." and inserting:
"of any kind.".
Amend sec. 6, page 5, line 43, by deleting "will be" and inserting "are".
Amend sec. 10, page 6, line 12, after the italicized semicolon, by inserting "or".
Amend sec. 10, page 6, line 14, by deleting "mental; or" and inserting "mental.".
Amend sec. 10, page 6, by deleting lines 15 through 16.
Amend the bill as a whole by renumbering sections 11 through 14 as sections 12 through 15 and adding a new section designated sec. 11, following sec. 10, to read as follows:
"Sec. 11. 1. The provisions of sections 8 to 18, inclusive, of this act, do not apply to any action taken by an insurer or a third-party administrator relating to a policy that provides coverage for long-term care or disability income.
2. As used in this section, "third-party administrator" has the meaning ascribed to it in NRS 616A.335.".
Amend sec. 11, page 6, by deleting lines 17 through 19 and inserting:
"Sec. 12. A person who takes a genetic test may inspect ".
Amend sec. 11, page 6, line 20, by deleting "of or" and inserting "or ".
Amend sec. 13, page 6, by deleting line 37 and inserting:
"Sec. 14. 1. It is unlawful to retain genetic information that identifies a person,".
Amend sec. 13, page 6, line 42, after the italicized semicolon, by deleting "or ".
Amend sec. 13, page 6, line 43, by deleting "jurisdiction." and inserting:
"jurisdiction; or
(c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person.".
Amend sec. 13, page 7, line 6, after the italicized semicolon, by deleting "or ".
Amend sec. 13, page 7, line 7, by deleting "jurisdiction." and inserting:
"jurisdiction;
(c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person; or
(d) Authorized or required by state or federal law or regulation.".
Amend sec. 13, page 7, line 8, by deleting "4," and inserting:
"4 or by federal law or regulation,".
Amend the bill as a whole by deleting sec. 15.
Amend sec. 16, page 8, by deleting lines 4 through 14, and inserting :
"Sec. 16. 1. Except as otherwise provided in subsection 2, the state board of health shall by regulation:
(a) Establish a procedure for obtaining the informed consent of a person pursuant to sections 8 to 18, inclusive, of this act; and
(b) Prescribe a form for use in obtaining the informed consent of a person. The form must include:
(1) Information relating to the use and confidentiality of the genetic information of the person set forth in sections 8 to 18, inclusive, of this act; and
(2) Any other information the state board of health may prescribe.
2. The state board of health is not required to adopt regulations establishing a procedure for obtaining the informed consent of a person pursuant to sections 8 to 18, inclusive, of this act, if the procedure for obtaining that consent is required by federal law or regulation.".
Amend sec. 17, page 8, lines 15 and 16, by deleting:
"12, 13 or 14 " and inserting:
"13, 14 or 15 ".
Amend sec. 18, page 8, line 18, by deleting "14." and inserting "15 ".
Amend the bill as a whole by adding a new section designated sec. 21, following sec. 20, to read as follows:
"Sec. 21. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 360.
The following Senate amendment was read:
Amendment No. 663.
Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:
"Sec. 25.5. NRS 661.145 is hereby amended to read as follows:
661.1451. No person is eligible to serve as a director or manager of any bank, organized or existing under the laws of this state, unless he is a bona fide owner of stock of the bank or its holding company, or has a member's interest in the bank. The stock or interest owned must have a total fair market value of at least $1,000. A determination of the value of the stock or interest must be based on its value on the date it was purchased or on its value on the date the owner became a director, whichever is greater. The stock or the member's contribution must be fully paid and not pledged.
2. [Except in the case of a merger between an out-of-state bank and a Nevada bank or an out-of-state bank that acquires a branch in Nevada pursuant to the provisions of chapter 666 of NRS, a majority of the board of directors or managers of every bank must be residents of the State of Nevada, and at least one of the directors or managers must reside in the county where its principal place of business is to be conducted.
3.] For the purposes of this section, "holding company" has the meaning ascribed to it in NRS 666.005.".
Amend the bill as a whole by deleting sec. 43 and inserting:
"Sec. 43. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 104.5, following sec. 104, to read as follows:
"Sec. 104.5. Section 1 of Assembly Bill No. 8 of this session is hereby amended to read as follows:
- Section 2 NRS 661.145 is hereby amended to read as follows:
- 661.145 1. No person is eligible to serve as a director or manager of any bank, organized or existing under the laws of this state, unless he [is] :
- (a) Is a bona fide owner of stock of the bank or its holding company [, or
- has] ;
- (b) Holds stock of the bank or its holding company in a revocable trust; or
- (c) Has a member's interest in the bank.
- 2. The stock or interest owned or held pursuant to subsection 1 must have a total fair market value of at least $1,000. A determination of the value of the stock or interest must be based on its value on the date it was purchased or on its value on the date the owner or holder of the stock or interest became a director, whichever is greater. The stock or the member's contribution must be fully paid and not pledged.
- [2.] 3. For the purposes of this section, "holding company" has the meaning ascribed to it in NRS 666.005.".
Amend sec. 106, page 56, line 3, by deleting "104," and inserting "104.5,".
Assemblyman Perkins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 360.
Remarks by Assemblyman Perkins.
Motion carried.
Bill ordered enrolled.
Recede from Assembly Amendments
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 122, that a conference be requested, and that Mr. Speaker appoint a first Committee on Conference consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Anderson.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Segerblom, Carpenter and Collins as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Senate Bill No. 122.
Recede from Assembly Amendments
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 258, that a conference be requested, and that Mr. Speaker appoint a first Committee on Conference consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Anderson.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Collins, Sandoval and Anderson as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Senate Bill No. 258.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 69, 117, 435, 458, 477; Assembly Concurrent Resolution No. 49; Assembly Resolution No. 15; Senate Bills Nos. 115, 221, 255, 260; Senate Concurrent Resolutions Nos. 39, 55, 56, 57.
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 Luci-Ann Zuend and Erin Amodei.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Sandee Ramos and Brandee Ramos.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Donald Bailey.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Bert Cooper, Barbara Pope, Robert Collis, Constance Pope and Joanne Fuller.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Marianne Vallin and Ola Malmqvist.
Assemblyman Perkins moved that the Assembly adjourn until Saturday, June 28, 1997 at 10:30 a.m.
Motion carried.
Assembly adjourned at 1:50 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly