NEVADA LEGISLATURE

Sixty-ninth Session, 1997
_______________

ASSEMBLY DAILY JOURNAL
_______________

THE SIXTY-SIXTH DAY
_______________

Carson City (Wednesday), March 26, 1997

Assembly called to order at 11:12 a.m.
Madam Speaker pro Tempore presiding.
Roll called.
All present except Assemblyman Ernaut, who was excused.

Prayer by the Chaplain, The Reverend Richard H. Campbell.
Almighty God, in whom we live, move and have our very being: we come to You this day to acknowledge that the earth and all who dwell within it are precious in Your sight. Take away our selfish pride and bring to our minds Your goodness, so that living together, as Your children, we may enjoy Your gifts and be thankful. We thank You for mountains, fields and woodlands; for oceans and running streams; for villages and cities where Your children live, work and play; and for Your presence with us in all our endeavors. Grant this legislative body insight into your wisdom today so that their actions may be to Your honor and glory.

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 Government Affairs, to which were referred Assembly Bill No. 251; Senate Joint Resolution No. 1, 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 Government Affairs, to which was referred Senate Concurrent Resolution No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 201, 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 Judiciary, to which were referred Assembly Bills Nos. 86, 95, 103, 161, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 77, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 301, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, March 24, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 153.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 3.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Commerce:
Assembly Bill No. 307--An Act relating to Oriental medicine; making various changes to provisions regulating the practice of Oriental medicine; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 308--An Act relating to employees of public utility companies; revising the provisions governing the exemption of certain employees of a public utility company from the requirements of registration as a professional engineer or land surveyor; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 309--An Act relating to the practice of chiropractic; changing the name of the Nevada state board of chiropractic examiners; revising the definition of "unprofessional conduct"; revising the provisions governing the examination and licensure of applicants desiring to practice chiropractic; revising the requirements for the continuing education of licensees; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 310--An Act relating to state employees; authorizing collective bargaining for certain classified employees of the State of Nevada; creating a board for labor relations for state employees; requiring legislative approval of collective bargaining agreements; authorizing the superintendent of the state printing and micrographics division of the department of administration to enter into labor agreements with certain employees of the division; 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 Labor and Management:
Assembly Bill No. 311--An Act relating to mines; requiring the operator of a mine to notify the administrator of the division of industrial relations of the department of business and industry before a boiler, elevator or pressure vessel is installed at the mine; requiring the administrator to adopt regulations pertaining to the standards for boilers, elevators and pressure vessels; authorizing the administrator to prohibit the installation or operation of a boiler, elevator or pressure vessel at a mine in certain circumstances; requiring the operator of a mine to maintain certain records and reports relating to emergencies at the mine; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

By the Committee on Judiciary:
Assembly Bill No. 312--An Act relating to criminal proceedings; making various rules of evidence inapplicable to a preliminary examination and to a grand jury proceeding; allowing hearsay evidence in a preliminary examination and in a grand jury proceeding; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 153.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 186.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 50.
Amend section 1, page 2, lines 4 and 5, by deleting:
"shall [:
(a) Not" and inserting:
"shall:
(a) [Not".
Amend section 1, page 2, line 11, by deleting:
"(b) If] , if " and inserting "(b)] If ".
Amend section 1, page 2, after line 14, by inserting:
"(b) If the measure was originally requested by an interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682, include the name of the interim committee.
(c) If a legislator agrees to introduce or cause to be introduced legislation that was originally requested by a former legislator, change the name from the former legislator to the name of the legislator who so agrees.
Sec. 2. NRS 218.2477 is hereby amended to read as follows:
218.2477 1. If a standing or special committee of the legislature requests the preparation of a measure on behalf of a legislator or an organization, the measure must indicate the name of the standing or special committee and the legislator or organization on whose behalf the measure was originally requested. If such a measure is introduced but does not include the name of the legislator or organization on whose behalf the measure was originally requested, the legislator or organization may request the committee to direct the legislative counsel to cause the measure to be reprinted with the name included. If so directed, the legislative counsel shall cause the measure to be reprinted with the name included.
2. When a measure is introduced that was originally requested by an interim committee which conducted a study or investigation pursuant to subsection 5 of NRS 218.682, the measure must indicate the name of the interim committee.".
Amend the title of the bill, third line, after the semicolon by inserting:
"requiring that certain additional information be indicated on the weekly list of bill draft requests and on legislative measures;".

Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Hettrick.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 100.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 100:
Yeas -- 41.
Nays -- None.
Excused -- Ernaut.
Assembly Bill No. 100 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 62.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 62:
Yeas -- 41.
Nays -- None.
Excused -- Ernaut.
Senate Bill No. 62 having received a constitutional majority, Madam Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, March 26, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 224 and requests a conference, and appointed Senators Rawson, O'Donnell and Regan as a first Committee on Conference to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS
Appointment of Conference Committees

Madam Speaker pro Tempore appointed Assemblymen Perkins, Hettrick and Evans as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 224.

Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:38 a.m.

ASSEMBLY IN SESSION

At 12:01 p.m.
Madam Speaker pro Tempore presiding.
Quorum present.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, March 26, 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. 23.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Price moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 301 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Assemblyman Price.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 301.
Bill read third time.
Remarks by Assemblymen Carpenter, Marvel, Price, Neighbors, Freeman, Giunchigliani and Goldwater.
Assemblyman Carpenter requested the following remarks be entered in the Journal:
Assemblyman Carpenter:
Assembly Bill No. 301 authorizes Elko County to impose a sales tax up to one percent with voter approval to construct a new hospital in Elko County. The tax will be in effect for no more than four years and is designed to raise the approximately $30 million necessary to build the hospital. Allowing the voters to decide the issue is supported by the County Commission and many residents of the county. They believe that the sales tax is the best way to preserve a modern, technologically-advanced public hospital in Elko County. If approved by the legislature and signed by the governor, this bill will allow voters in Elko County to decide the issue at a special election held in conjunction with the municipal elections on June 3. If the voters approve the increase, construction on a hospital can commence within one year and will be paid for with little or no debt burden on the taxpayers. Your Committee on Taxation urges your support. Thank you.
Assemblyman Marvel:
I, too, rise in support of A.B. 301. As many of you know, much of my district is in Eureka, Elko, and Lander counties, so many of my constituents do access the medical facilities of Elko County. Philosophically, I like the bill because it is enabling legislation and not a mandate. It is philosophically correct because it allows the people of Elko to vote on the matter. If they feel they need the hospital, they'll vote for it; if they decide to reject it, they have that option.
My colleague from District 37 was here yesterday asserting that he was born at Elko General Hospital. My claim to fame is that is where I got a staph infection.
Assemblyman Price:
I might just add that since the purpose of this bill is to enable--I did double-check with our Legislative Counsel Bureau today and got a verbal opinion--it only requires a simple majority to pass. It does not require a two-thirds vote because we are not imposing a tax or a new fee on anyone. We are enabling the county commissioners and/or the citizens of Elko County to make that decision.
Assemblyman Neighbors:
During the committee meeting, there was quite a bit of discussion regarding privatization and private ownership as opposed to a sales tax. I have been asked to repeat some of my comments to the committee.
My experience with privatization, as far as rural hospitals, has been a total disaster. The current management company that we have didn't last one year. Prior to that we had a major company, a subsidiary of Petrolane--which is a billion-dollar corporation on the New York Stock Exchange--come in under the name of Vance Health Systems. They told the county that if they would sign a non-cancelable contract, they would never have to worry about making any more payments. The way you cancel a non-cancelable contract is you leave in the middle of the night--I think it was 12:01 a.m. The next morning at 8 a.m., I'm trying to make arrangements to meet with the Interim Finance Committee, which we did, and they helped bail us out and keep that hospital open.
I have found that one of the big issues with privatization or private ownership of hospitals is indigence. The state law says that if you have an indigent, you must pay it. Some of those bills can get to $20,000, $40,000, or $50,000. The county commissioners can go to the hospital board and usually negotiate these, but when you're a private hospital, you can't do that.
I urge your support on A.B. 301.
Assemblywoman Freeman:
I also rise in support of A.B. 301. In the 10 years that I've been here and been on the health committee, we've seen a number of the rural public facilities disappear from the scene because of the difficulty of dealing with the health care market nowadays. I think that whenever a local government has the opportunity, or whenever the people that live in the local area have an opportunity to retain their publicly-owned facility, we should allow them that opportunity.
Assemblywoman Giunchigliani:
What is the tax rate now within Elko, and what would it go up to under this?
Assemblyman Carpenter:
Our sales tax rate right now is 6.5 percent, so if this measure was passed by the voters, our sales tax rate would be 7.5 percent.
Assemblywoman Giunchigliani:
In addition to that, you don't have any allocations you've not used, anything for flood control or roads or transit as some of the other counties have done at this point in time?
Assemblyman Carpenter:
That is right. Ours is at 6.5 percent, and we do not have any of the other options that are available to other counties at this present time.
Assemblyman Goldwater:
I rise in support of Assembly Bill 301. I sit on the Taxation Committee as well. I was initially opposed to this bill before I heard the testimony. The reason I was opposed is because we're building a county hospital, and, for example, Clark County, and I think Washoe County, financed their county hospitals via property tax. Unfortunately, property tax does not raise nearly enough money to finance a county hospital.
The other question that concerned me was whether or not a sales tax increase was legitimate for a hospital as opposed to a water facilities system. I made the point that one is for a municipal utility and the other is for a county hospital. However, we must realize that in the rural areas of Nevada, a county hospital can be considered a municipality or a municipal institution because of the fact that there is not too much private industry involved in that area of the market.
For those reasons I supported the bill, I voted for it in committee, and I urge other members to support it.
Assemblyman Price:
I just wanted to add--because it is in the bill--that this will have a sunset for four years. This particular tax, as it exists in the bill right now, will only go for four years, and then it would be sunset.
Roll call on Assembly Bill No. 301:
Yeas -- 40.
Nays -- Lambert.
Excused -- Ernaut.
Assembly Bill No. 301 having received a constitutional majority, Madam Speaker pro Tempore declared it passed.
Assemblyman Price moved that all rules be suspended and that Assembly Bill No. 301 be immediately transmitted to the Senate.
Motion carried unanimously.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 23.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblyman Dini.
Assemblyman Nolan requested Speaker Dini's remarks be entered in the Journal.
It is certainly an honor for me today to pay homage to a man who had a lot of influence in my life as I grew up in Yerington. Walter was a life-long friend of mine and the owner of the Mason Valley News. His dad and mother were two beautiful people. His dad was a white-haired man who reminded me of Mark Twain. The family was in the printing business for years and did an outstanding job for our community. On the Mason Valley News headline is, "The only newspaper in the world that gives a damn about Yerington," and I think that's true.
When we were in about the eighth grade, we learned our first lessons about the printing business. I worked for Walter for 75 cents an hour melting lead with George, here, out behind the printing shop. Eventually in high school, I was running the linotype machine part-time. I also had access to the press, so I had the best-looking stationery in high school, all custom made.
When I was around 12 or 13 years old, I would work in the office and he'd always hang around there with a big cigar and two or three buddies from around town. They'd chat about the business community and ideas to make money. I was impressed with that early in life, and he was pretty good at it, too.
Walter was a neighbor; we had adjoining properties. I really miss him. He's not out in his garden this year or taking his morning walk to the post office--I miss those things.
Walter has been a big benefactor for our state. His wife had Alzheimer's disease. When she passed away, he made a major contribution to UNR to do Alzheimer research, and for that I commend him. He has been a very good, very charitable man, and there was a wonderful feeling in the community towards Walter.
Walter was a year older than my mother--that's what my mother used to remind me of--that he was older than her. He lived a long life and I think he made a great contribution to our state. He was a respected member of the gaming commission for many, many years under a couple of different governors.
I am sorry that Jack McCloskey--his best buddy from Mineral County--is not here today. Jack writes the Jasper column in the Mineral Independent. When I first started serving here, I could always tell when there was a printing bill that was going to be acted on. If it interfered with the small newspapers in any way, Jack and Walter would come and double-team us. They were quite a duo. They kept everything under control. They were good at it.
I could go on and tell a lot of stories, but I guess I'd better not. It might take too much of your time, and I think the family wants to leave. It is my privilege to recommend that we adopt this resolution, and then I will introduce some people who are real friends of mine.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Freeman, de Braga, Anderson, Sandoval, Segerblom, Carpenter, Gustavson, Lambert, Amodei, Koivisto, Hickey, Lee, Von Tobel, Ohrenschall, Berman, Herrera, Goldwater, Williams, Parks, Braunlin, Price, Nolan, Mortenson, Manendo, Krenzer, Chowning, Collins, Perkins, Humke, Buckley, Close and Evans:
Assembly Bill No. 313--An Act relating to tobacco; authorizing state agencies and local governments to adopt more stringent restrictions governing tobacco and products made from tobacco than the restrictions imposed pursuant to state law; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Judiciary.
Motion carried.

UNFINISHED BUSINESS
Reports of Conference Committees

Mr. Speaker:
The first Committee on Conference concerning Assembly Bill No. 224, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has further agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 1, which is attached to and hereby made a part of this report.
Richard Perkins Raymond D. Rawson Lynn C. Hettrick William R. O'DonnellJan Evans John B. ReganAssembly Committee on ConferenceSenate Committee on Conference

Conference Amendment No. 1.
Amend sec. 3, pages 2 and 3, by deleting lines 22 through 42 on page 2 and lines 1 through 3 on page 3 and inserting:
"Sec. 3. To carry out the provisions of section 2 of this act, the director shall make such grants of the money appropriated by section 4 of this act as he deems appropriate to:
1. State agencies and nonprofit entities for the entire grant match for projects which meet the requirements of subsection 1 of section 2 of this act; and
2. Local governments for the state's one-half of the grant match for projects which meet the requirements of subsection 2 of section 2 of this act.".
Amend the title of the bill by deleting the first through third lines and inserting:
"An Act relating to state financial administration; providing for the proportional matching funding for disaster".
Assemblyman Perkins moved that the Assembly adopt the report of the first Committee on Conference concerning Assembly Bill No. 224.
Remarks by Assemblyman Perkins.
Motion carried.

Signing of Bills and Resolutions

There being no objection, the Speaker and Chief Clerk signed Assembly Bill No. 63; Senate Concurrent Resolution No. 22.

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 Caroline Graham.

On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Elana Lee Graham.

On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Ward and Ryan Ward.

On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa Dahl, Jennifer Jones, Katherine A. Howell, Mary Howell and Fred Howell.

On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Lvana Graham and Adam Cegavske.

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Ashlee Jensen, Chelsea Jensen, Nathan Jensen, Matthew Jensen and Michael Jensen.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Magee, George Magee, Lena Magee, Dan Magee, Jane Iverson, Jack Carpenter, Joe Carpenter, Bill Carpenter and Bill Swackhamer.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Valrie Brown and Gail Milne.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Howard Winn and Norene Tow.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Geneva Nell Hauser.

On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Lance Malone.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Turner Graham.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Lucile Wyllie, Ruth Wark, Henry Wark, Ruth Keith, Shirley Follebout, Charlotta Evans, Miriam Burbidge, Vera Tarman, Fred Coddington, Virla Coddington, Marguerite McGlasson, Adele Coblentz, Frieda Turco, Doris Allen, Kate MacMillan, Venila Melcher, Louise Stetler, Rita Rogers, Hulda Gummer, Marilyn Woodard, O.W. Johnson, William Sweeney, Dorothy Sweeney and Eloise Colton.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Hale, Megan Hale, Jordan Martin and Stacey Martin.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, March 27, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:43 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly