NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL

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THE TWENTY-SECOND DAY

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Carson City (Monday), February 10, 1997

Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Dave Ditolla.
Father God, we pause for a minute to reflect on this awesome responsibility that we have been given. God, I pray that we never take for granted that responsibility as we represent the people of the State of Nevada. Lord, give us wisdom and clarity of thought as we serve not only the people of this state, but as we serve You in this task. It is in Your name that we pray. Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 15, 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, February 6, 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. 5.
Mary Jo Mongelli
Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Government Affairs:
Assembly Joint Resolution No. 4--Urging the United States Postal Service to consider the historic nature of Genoa when determining the size and location of the new post office in that area.
Whereas, Genoa, Nevada, is the oldest settlement in the State of Nevada, and it is an established historic district; and
Whereas, Approximately 30 buildings and sites in Genoa were listed on the National Register of Historic Places in 1975; and
Whereas, Genoa is an integral part of Nevada's heritage, and its historic integrity should be preserved for all Nevadans; and
Whereas, To preserve historic values, the Genoa Master Plan confines commercial development to a commercial zone in the downtown area; and
Whereas, The current post office that serves the 300 residents of Genoa is 611 square feet and sits in the heart of the historic district; and
Whereas, The current post office has become too small and is no longer adequate to serve the needs of the community; and
Whereas, The majority of Genoans and the Genoa Town Board have expressed overwhelming support for keeping the local post office within that commercial zone; and
Whereas, To preserve the historic nature of the community, the new post office should be no bigger than is necessary to provide postal boxes for the residents of the area of Genoa; and
Whereas, The currently proposed 6,000 square foot post office, designed to serve as a distribution and delivery center for other areas of the Carson Valley, would ruin the historic nature of Genoa and put extreme stress on the town's fragile infrastructure; and
Whereas, There are several sites in the commercial zone of the downtown Genoa area that will easily accommodate a reasonably sized local post office; and
Whereas, The United States Postal Service has recently indicated its willingness to consider the desires of the residents of Genoa when making this decision; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature do hereby urge the United States Postal Service to design a local post office that will fit into one of the various sites in the commercial zone of the downtown Genoa area and to place the post office into such a zone so that Genoa's historic integrity is preserved for all Nevadans; and be it further
Resolved, That the Nevada Legislature commends the United States Postal Service for its recent expression of willingness to consider the desires of the residents of Genoa on this important matter; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Postmaster General of the United States Postal Service, Marvin Runyon, and to each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and approval.

Assemblyman Bache moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.

Senate Concurrent Resolution No. 5.
Assemblyman Perkins moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Close and Freeman:
Assembly Bill No. 155--An Act relating to personal care facilities; requiring the health division of the department of human resources to check the criminal history of each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups and of each employee of each such facility; authorizing the health division to deny or revoke a license if an applicant for a license to operate any such facility or his employee has been convicted of a certain crime; requiring the administrator of each such facility to terminate the employment of an employee who is convicted of a certain crime; and providing other matters properly relating thereto.

Assemblyman Close moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

By Assemblymen Buckley, Ernaut, Freeman, Giunchigliani, Sandoval, Perkins, Evans, Segerblom, Herrera, Ohrenschall, Williams, Koivisto, Goldwater, Parks, de Braga, Arberry, Anderson, Price, Collins, Manendo, Lee, Chowning, Neighbors, Mortenson, Braunlin, Bache, Dini, Berman, Nolan, Amodei, Humke, Carpenter, Gustavson, Lambert, Hickey, Marvel, Hettrick, Von Tobel, Tiffany and Cegavske:
Assembly Bill No. 156--An Act relating to health care; requiring certain entities that provide health care services through managed care to follow certain procedures before denying health care services to an insured; prohibiting such entities from engaging in certain practices that restrict the actions of a provider of health care; requiring such entities to grant or deny a request for emergency medical services within 30 minutes; requiring such entities to file a report containing certain information with the commissioner of insurance; requiring all insurers of health care and managed care organizations to establish a system for resolving complaints of insureds; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

By Assemblymen Segerblom, de Braga, Perkins, Chowning, Buckley, Williams, Manendo, Ohrenschall, Neighbors, Giunchigliani, Lee, Parks, Evans, Arberry, Krenzer, Goldwater, Mortenson, Herrera, Anderson, Price, Koivisto and Amodei:
Assembly Bill No. 157--An Act relating to litigation; prohibiting the state and local authorities from removing certain actions to a federal court; and providing other matters properly relating thereto.

Assemblywoman Segerblom moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assemblyman Bache moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:19 a.m.

ASSEMBLY IN SESSION

At 11:20 a.m.
Mr. Speaker presiding.
Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Ohrenschall, Buckley, Carpenter, Segerblom, Neighbors, Krenzer, Mortenson, Freeman, Perkins, Collins, Koivisto, Anderson, Sandoval, Williams, Manendo, Evans, Goldwater, Dini, Close, Parks, Chowning, Lee, Gustavson and Herrera:
Assembly Bill No. 158--An Act relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for hearing aids; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.

Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Taxation.
Motion carried.

second reading and amendment

Assembly Bill No. 7.
Bill read second time and ordered to third reading.

Assembly Bill No. 19.
Bill read second time and ordered to third reading.

Assembly Bill No. 23.
Bill read second time and ordered to third reading.

Assembly Bill No. 40.
Bill read second time and ordered to third reading.

Assembly Bill No. 66.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 6.
Amend sec. 2, page 1, line 9, by deleting "six" and inserting "[six] seven".
Amend sec. 2, page 1, line 16, by deleting "and" and inserting "[and]".
Amend sec. 2, page 2, line 1, after "(f)" by inserting:
"One member appointed by the governor who is a representative of a local governmental entity and is knowledgeable about issues relating to the retention and disposition of official records of local governmental entities; and
(g)".
Amend sec. 2, page 2, by deleting lines 3 and 4 and inserting:
"All members of the committee, except the [representative of the general public,] members appointed pursuant to paragraphs (f) and (g), are ex officio members of the committee.".
Amend the title of the bill by deleting the first and second lines and inserting:
"An Act relating to public records; increasing the number of members of the committee to approve schedules for the retention and disposition of official state records; requiring the committee to advise local governmental".
Assemblyman Amodei moved the adoption of the amendment.
Remarks by Assemblyman Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 17 of the 68th Session.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 63.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 63.
Yeas--42.
Nays--None.

Assembly Bill No. 63 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 72.
Bill read third time.
Assemblyman Bache moved that Assembly Bill No. 72 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Price moved that the vote whereby Assembly Bill No. 144 was referred to the Committee on Taxation be rescinded.
Motion carried.

Assemblyman Price moved that Assembly Bill No. 144 be referred to the Committee on Government Affairs.
Motion carried.

unfinished business
Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Resolution No. 4.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Sherry Ostrin-Allen.

On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Shirley Yates.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Janice Flanagan, Verlita Conner, Betty Hoe, Helen Riley, Alison Palmer, Pat Furman, Denise Hawkins, Gerry Kelly, Ruth E. Paine, Rosalee Fein, Jud Reichman, Carol Mansfield and Ben Mansfield.

On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Barr.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Claudia Williams Hoffer.

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

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, February 12, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 11:41 a.m.

Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly