NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE FIFTY-SECOND DAY
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Carson City (Wednesday), March 12, 1997
Assembly called to order at 11:06 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Collins, who was excused.
Prayer by the Chaplain, Father Jerry Hanley.
Heavenly Father, You are the great reconciler and we ask You to restore this fair earth and our place on it. You have called us to speak the word of peace. Give us the courage to live in Your call and not be blind to Your judgments and Your grace. Bless this Assembly, their families and those they serve. 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 was referred Assembly Bill No. 192, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 131, 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
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Close, Buckley, Lambert, Marvel, Arberry, Von Tobel, Price, Giunchigliani, Goldwater, Herrera, Nolan, Tiffany, Berman, Parks, Cegavske, Hickey, Amodei, de Braga, Braunlin, Segerblom, Hettrick, Chowning and Koivisto:
Assembly Joint Resolution No. 6--Proposing to amend the constitution of the State of Nevada to provide for the initial selection of judges by appointment with an annual review of their performance and their subsequent retention by election and to revise certain provisions relating to the commission on judicial selection.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 6, and sections 5, 15 and 20 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 22. 1. Commencing with a term of office that expires on or after December 31, 2001, each justice of the supreme court and judge of a district court who desires to succeed himself must, on or before July 1 next preceding the expiration of his term of office, declare his candidacy in the manner provided by law. With respect to each justice or judge who so declares, the question must be presented at the next general election, in a form provided by law, whether that justice or judge shall succeed himself. The term of office of each justice or judge who succeeds himself is 6 years, beginning and ending on the first Monday of January in the respectively appropriate years.
2. If a justice or judge does not declare his candidacy, or if a majority of the votes cast on the question of his retention are cast against his succeeding himself, a vacancy is created at the expiration of his term that must be filled by appointment pursuant to section 20 of this article. The initial term of the justice or judge appointed to replace the justice or judge who is not succeeding himself is the term the former justice or judge would have served had he succeeded himself.
Sec. 5. The state is hereby divided into Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the [Districts herein prescribed, and also] judicial districts and for increasing or diminishing the number of [the Judicial Districts and Judges] those districts and the judges therein. But no such change [shall] may take effect, except in case of a vacancy [,] or the expiration of the term of an incumbent of the [Office. At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who shall possess] office of district judge. In a judicial district with more than one district judge, each judge possesses co-extensive and concurrent jurisdiction, and [who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges] any of those judges may preside on the [empanneling] empaneling of Grand Juries and the presentment and trial on indictments [, under such rules and regulations as may be] in the manner prescribed by law.
[Sec:] Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected [,] or appointed, unless a Vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment , [;] and provision [shall] must be made by law for setting apart from each year's revenue a sufficient amount of Money [,] to pay such compensation.
Sec. 20. 1. When a vacancy occurs [before the expiration of any term of office] in the supreme court or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for [such individual] the vacancy by the commission on judicial selection [.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. Each nomination for the supreme court shall be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court shall be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8.] and review.
2. The legislature shall provide by law for the:
(a) Number;
(b) Qualifications;
(c) Appointment;
(d) Compensation; and
(e) Terms of office,
of the members of the commission, not more than two-fifths of whom may be attorneys admitted to practice before the courts of this state.
3. The commission shall:
(a) Annually review the performance of each justice and judge in the manner provided by law; and
(b) After the completion of that review, cause a report to be published regarding the performance of each justice and judge in the manner provided by law.
4. The commission may:
(a) Adopt regulations for the operation of the commission and for maintaining the confidentiality of its proceedings and records; and
(b) Exercise such further powers as the legislature may from time to time confer upon it.
5. A member of the commission may not serve simultaneously as a member of a commission on judicial discipline.
6. After the expiration of 30 days from the date on which the commission [on judicial selection] has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
Assemblyman Close moved that Assembly Joint Resolution No. 6 be referred to the Committee on Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Hettrick:
Assembly Bill No. 248--An Act relating to employment; providing immunity from civil liability in certain circumstances for an employer who discloses certain information regarding an employee or former employee to a prospective employer of that employee or former employee; creating a rebuttable presumption that such information is provided in good faith; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 249--An Act relating to taxation; providing an exemption from property taxes for property of Pershing County Kids, Horses, Rodeo Inc.; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 250--An Act relating to county surveyors; expanding the services that may be assigned to county surveyors; revising the provisions regarding the compensation of a county surveyor; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 251--An Act relating to counties; revising the provisions governing the merit personnel system of certain counties; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 252--An Act making an appropriation to Nye County for the establishment of a Tonopah Mining Park and for improvements to and operational expenses of the Central Nevada Museum; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 253--An Act making an appropriation to the State Public Works Board for the construction of a Hi-Tech Learning Center in Pahrump; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 254--An Act relating to public utilities; repealing the Utility Environmental Protection Act; eliminating the authority of the public service commission of Nevada to adopt regulations relating to the resource plan submitted by a utility that provides natural gas; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 255--An Act relating to public utilities; providing that a utility which supplies natural gas is not obligated to provide service in certain circumstances; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 256--An Act relating to public utilities; authorizing a utility that supplies natural gas to sell an exclusive right to acquire gas supplies within its service area; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 257--An Act relating to public utilities; authorizing a public utility to recover the costs of promotional advertising; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Dini and Perkins:
Assembly Bill No. 258--An Act relating to interior design; establishing the practice of constructive interior design; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
second reading and amendment
Assembly Bill No. 135.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Assembly Bill No. 135 be re-referred to the Committee on Ways and Means.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 144.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 144:
Yeas--41.
Nays--None.
Excused--Collins.
Assembly Bill No. 144 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 148.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 148:
Yeas--41.
Nays--None.
Excused--Collins.
Assembly Bill No. 148 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 162.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 162:
Yeas--40.
Nays--None.
Not voting--Dini.
Excused--Collins.
Assembly Bill No. 162 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 189.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 189:
Yeas--41.
Nays--None.
Excused--Collins.
Assembly Bill No. 189 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, March 12, 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. 16.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 16.
Assemblyman Sandoval moved the adoption of the resolution.
Remarks by Assemblymen Sandoval, Giunchigliani, Nolan and Chowning.
Assemblyman Perkins requested that the following remarks be entered in the Journal:
Assemblyman Sandoval:
Unfortunately, we often hear of the negative aspects of youth such as gangs and crime. We also listen to horrible stories of child abuse and know that in these abusive situations, the brains of little children will be permanently affected. I am very, very honored to show a bright spot today. We're here to honor Stan and Jan Berenstain.
I've borrowed some props from my son--some of the Berenstain books and a little stuffed animal of Brother Berenstain--to emphasize some points. The Berenstain books are the second-most popular children's books of all time, second only to Dr. Seuss. There are a hundred titles with morals and good points in each book that, I think, apply not only to children, but also to the members of this house, such as: The Trouble With Money; The Big Election; Get in a Fight; Hug and Make Up; Good Deed; for my colleague from District 37, New Baby; and last, but not least, We are a Family. There are also videos, and I watched Big Paw last night with my son, James. There have been several TV specials, audiocassettes, and other things.
In closing, I'd just like to say that I think we all owe a very, very large debt of gratitude to Jan and Stan Berenstain for their dedication to our children, and I urge the members of this Assembly to join me in supporting Senate Concurrent Resolution 16.
Assemblyman Giunchigliani:
I, too, rise in support of SCR 16. Jan Grant and Stan Berenstain wrote and drew for many magazines, such as Collier's, Saturday Evening Post, and many others. They also produced many books. For example, they set up a series of paperbacks produced by Knox entitled Marital Blitz, Education Impossible, How to Teach Your Children about Sex without Making a Complete Fool of Yourself; How to Teach Your Children about God without Actually Scaring Them out of Their Wits; and Have a Baby, My Wife Just Had a Cigar.
We've heard that phase, "pictures speak louder than words," and while the stories written by the Berenstains will live on forever, I think it is the pictures or the cartooning that they created which we will remember. Most specially, it will be vivid within the children's minds. For example, the Berenstain Bears began in the 1960s with a book which had pictures with rides on two rickety elevators and a climb of the twisty stairs to see a fellow named Theodor Seuss Geisel, better known as Dr. Seuss, who became an editor for many of their series. Even my junior high students still get a kick out of the Dr. Seuss books, especially the pictures.
The Berenstains have proved how important writing and the arts are for quality of life, but most importantly they've shown us how important humor is, because even we take ourselves too seriously from time to time. I would hope my colleagues would join in supporting this resolution in honor of people who not only could draw and brought civility and respect to the issues that many children have to deal with, but also left us with the more lingering issue, which is humor. Thank you very much.
Assemblyman Nolan:
I, too, rise in support of this resolution. As you know, my two little sons, who will soon be visiting us here in these chambers, much to my colleague's chagrin--as you can see, he's very excited about that--use the Berenstain Bears quite frequently. Over the last several years, we've purchased several of their books and videotapes. When I recently purchased a new CD-ROM computer for the two little boys, it came with a program already on it which was The Berenstain Bears on the Farm, and it is an interactive, wonderful program. Sunday nights now have turned into a wrestling match between myself and my two little boys as to who gets to control the bears through the farm, and I finally had to lock them out so I could have some fun with it.
Their publications and products are wonderful, and I, too, join in offering a debt of gratitude to these two fine individuals.
Assemblywoman Chowning:
I, too, rise in support of SCR 16. The few times that I get to see our granddaughter, Alysse Beasley, who resides in New Hampshire, are very, very joyous indeed. We try to read to the three grandchildren every chance we can. The oldest is just about to go to school, and she loves the little blue dress and the little hat with the white polka dots. Her favorite book is about somebody going to school, and I just want to tell you thank you.
Resolution adopted.
unfinished business
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 19.
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 Kay Bennett.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Tanya Hill.
On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Jay Lather and Don Stangle.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Mick Grant.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Constance Alexander.
On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Sheila Dugan.
On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Judy Hammock and Carl Dahlen.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to John Amundson.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Arett.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Rick Kester and Mike Riley.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Cardinal.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Debra Lang and Sheila Stanton.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Daryl Reedy and Dick Hall.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Jensen, Eileen Paige, Art Johnson, Jeanne Johnson and Mike Katz.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Ray Loomis.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Patrick O'Connor.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Robin Mellberg.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Roxanne Stangle.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Williams and Tracy McAteer.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Dennis McDuffee and Dave Bolick.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Hall and Elaine Agnason.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, March 13, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 11:57 a.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly