THE SEVENTY-THIRD DAY
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Carson City (Wednesday), April 2, 1997
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Elder Doyle Hanks.
Our Father which art in Heaven, Hallowed be Thy name. We thank Thee for this day. We thank Thee for the service of the members of the Assembly. We ask Thee to bless the Assembly in their deliberations this day that what is done here will be for the benefit of the people of Nevada. Bless them with wisdom and understanding. Bless also their families for the sacrifices that they make to help them. In the name of Jesus Christ. 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.
Wendell P. Willams,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 117, 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 Elections, Procedures, and Ethics, to which was referred Senate Bill No. 84, 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 Government Affairs, to which was referred Assembly Bill No. 185, 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 Assembly Bill No. 61, 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 was referred Assembly Bill No. 292, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 75, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 63, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Concurrent Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Vonne Chowning,
Chairman
Assembly Concurrent Resolution No. 11--Memorializing former Speaker of the Assembly and Mayor of the City of Sparks, Chester S. "Chet" Christensen.
Whereas, On March 2, 1997, the State of Nevada was saddened by the passing of Chester S. Christensen, a man whose service in state government spanned four decades; and
Whereas, Chet Christensen was born in April of 1916 to James and Mary Estella Rawson of Ogden, Utah; and
Whereas, After attending Weber College on a music scholarship, Chet Christensen moved to northern Nevada where he was a member of the Reno Lions Club Quartet, performed as a singer in nightclubs and on radio, worked as a fireman for the Southern Pacific Railroad out of Sparks and was a member of the Brotherhood of Locomotive Firemen and Engineers, Truckee Lodge 19; and
Whereas, Chet Christensen became Assemblyman Christensen in 1949, serving seven terms, including one term, 1955, as Speaker Pro Tempore and two terms, 1959 and 1961, as Speaker of the Assembly, and retiring on June 12, 1963, to take up the post of Mayor of the City of Sparks, whose residents knew him as the "Singing Mayor"; and
Whereas, During his time as an Assemblyman and Mayor, Chet Christensen's leadership was exemplified through legislation to regulate the gaming industry and to establish Nevada's program for aid to dependent children, as well as the creation of the first office of city manager in the State of Nevada and a wide array of other positive legacies for the residents of this state; and
Whereas, In 1975, friends and colleagues within the Nevada Legislature welcomed back Assemblyman Christensen for an eighth term of service in the Assembly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State of Nevada grieves the passing of Chester S. Christensen and expresses its gratitude for his many years of service; and be it further
Resolved, That the State of Nevada extends its sincere condolence to the Christensen family on the loss of both Chet and Odessa Christensen, who preceded Chet in passing by merely 2 weeks; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Richard and Jim Christensen, the surviving sons of Chet and Odessa.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 12--Amending the Joint Rules of the Senate and Assembly for the 69th legislative session to establish standards for determining the division of fiscal responsibility for programs and services provided by the state and local governments.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 325--An Act relating to welfare; creating a committee to conduct a study of the welfare programs provided by the state and local governments; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 326--An Act relating to legislators; broadening the provisions prohibiting the loss of job seniority of a legislator because of his absence from his employment while attending a legislative session to include employment by this state or a local government; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 213.
Bill read third time.
Remarks by Assemblyman Ernaut.
Roll call on Assembly Bill No. 213:
Yeas--42.
Nays--None.
Assembly Bill No. 213 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 250.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 250:
Yeas--42.
Nays--None.
Assembly Bill No. 250 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:30 a.m.
At 11:35 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Carpenter moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Assembly Bill No. 71.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 135.
Amend sec. 2, page 2, by deleting lines 9 through 17 and inserting:
"2. Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;".
Amend the title of the bill, second line, by deleting "Act;" and inserting:
"Act to exclude certain telephone and telegraph buildings, facilities and sites;".
Assemblywoman Braunlin moved the adoption of the amendment.
Remarks by Assemblywoman Braunlin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 106.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 87.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"investigator's licensing board; and".
Assemblyman Amodei moved the adoption of the amendment.
Remarks by Assemblyman Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 113.
Bill read second time and ordered to third reading.
Assembly Bill No. 120.
Bill read second time and ordered to third reading.
Assembly Bill No. 165.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 88.
Amend sec. 7, page 1, by deleting lines 14 through 17, and inserting:
"Sec. 7. "Inspection" means a physical examination of the mechanical, electrical or plumbing systems of a structure or of the structural components of a structure. The term includes any consultation regarding a structure that is represented to be a certified inspection or any other title, word or other designation intended to imply or designate that the consultation is a certified inspection.".
Amend sec. 8, page 1, by deleting line 19, and inserting:
"regarding the condition of a structure, that is:".
Amend sec. 8, page 2, line 1, after "Provided" by inserting:
"after an inspection, in a written report,".
Amend sec. 8, page 2, by deleting lines 3 and 4, and inserting:
"2. Designed to describe and identify the inspected systems or structural components of the structure, their physical condition, any material defect and any recommendation for evaluation by another person.".
Amend sec. 9, page 2, line 5, after "who" by inserting:
"examines any component of a structure and".
Amend sec. 9, page 2, line 6, by deleting "report but" and inserting:
"report. The term".
Amend sec. 10, page 2, after line 21, by inserting:
"6. A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.".
Amend sec. 12, page 2, line 32, after "2." by inserting:
"Regulations prescribing a standard of practice and code of ethics for certified inspectors. Such regulations must establish a degree of care that must be exercised by a reasonably prudent certified inspector.
3.".
Amend sec. 17, page 3, line 32, after "to" by inserting:
"maintain an office to".
Amend sec. 17, page 4, line 4, after "information" by inserting:
"relating to the qualifications or background of the applicant that".
Amend sec. 18, page 4, line 12, by deleting "Mail the" and inserting:
"Require more than one set of fingerprints;
(b) Mail a completed".
Amend sec. 18, page 4, line 14, by deleting "(b)" and inserting "(c)".
Amend sec. 19, page 4, line 20, by deleting "$500,000;" and inserting "$100,000;".
Amend sec. 19, page 4, line 21, by deleting "$500,000." and inserting "$100,000.".
Amend sec. 21, page 5, line 7, by deleting "90" and inserting "60".
Amend sec. 25, page 6, line 3, by deleting "$500" and inserting "$1,000".
Amend the bill as a whole by renumbering sec. 30 as sec. 31 and adding a new section designated sec. 30, following sec. 29, to read as follows:
"Sec. 30. NRS 113.150 is hereby amended to read as follows:
113.150 1. If a seller or his agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130, the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.
2. If, before the conveyance of the property to the purchaser, a seller or his agent informs the purchaser or his agent, through the disclosure form or another written notice, of a defect in the property that was not identified in the agreement to purchase the property, the purchaser may:
(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or
(b) Recover from the seller the actual amount necessary to repair or replace the defective part of the property.
3. Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:
(a) On the holder of any escrow opened for the conveyance; or
(b) If an escrow has not been opened for the conveyance, on the seller or his agent.
4. Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or his agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and which was not identified in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney's fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.
5. A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the seller's reliance upon information provided to the seller by:
(a) An officer or employee of this state or any political subdivision of this state in the ordinary course of his duties; or
(b) A contractor, engineer, land surveyor , certified inspector as defined in section 5 of this act or pesticide applicator, who was authorized to practice that profession in this state at the time the information was provided.
6. A purchaser of residential property may waive any of his rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.".
Amend sec. 30, page 7, line 23, by deleting "and 29" and inserting: "29 and 30".
Amend the title of the bill, first line, by deleting:
"of real estate" and inserting "of structures".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 202.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 123.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
"who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public; or".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:51 a.m.
At 11:57 a.m.
Mr. Speaker presiding.
Quorum present.
Senate Chamber, Carson City, April 2, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 301.
Mary Jo Mongelli
Assistant Secretary of the Senate
Assemblyman Ernaut moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:59 a.m.
At 12:10 p.m.
Mr. Speaker presiding.
Quorum present.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Bottair and Bert Gorr.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Mouryne Dini, Joshua Renner, Shaina Renner, Brandon Dini, Domenic Dini, Tosca Renner, Nancy Kinnette and Tom Renner.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Angie Taylor.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Michelle Spieth and Debra Spieth.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Allgeier, Bob Allgeier, Joanne Barr, Lois Bolte, Lois Carty, Rick Carty, Hazel Carley, Jeanie Christianson, Wava Copley, Al Copley, Sherry Dilley, Larry Dilley, Kay Dupuis, Connie Elvik, Maria Gorrindo, Milly Griffin, Lorene Hanford, Pete Hanford, Lou Heckl, Ann Hersey, Fred Hersey, Phyllis Millard, Cherie Owen, Lorene Palmer, Bill Palmer, Alta Russell, Bob Russell, Brenda Robertson, Inez Rough, Shirley Schrengohst, Cindy Seligman, Charlotte Shroyer, Shaaron Snead, Paula Tarvainen, Mark Tarvainen, Beverly Willard and Harold Willard.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 3, 1997 at 11 a.m., and that it do so in memory of Frederick Elliott.
Motion carried.
Assembly adjourned at 12:12 p.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly