NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE SEVENTY-EIGHTH DAY
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Carson City (Monday), April 7, 1997

Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Giunchigliani, who was excused.
Prayer by James Sadilek.
O God, my God! Aid Thou Thy trusted servants to have loving and tender hearts. Help them to spread, amongst all the nations of the earth, the light of guidance that cometh from the company on high. Verily, Thou art the strong, the powerful, the mighty, the all-subduing, the ever-giving. Verily, Thou art the generous, the tender, the most bountiful.

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 Education, to which were referred Assembly Bills Nos. 6, 146, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 9, 195, 241, 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 Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 92, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 141, 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 were referred Assembly Bills Nos. 209, 246; Senate Bills Nos. 66, 124, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, April 3, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 39, 60, 79.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 179.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 33.
Also, 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. 15 and requests a conference, and appointed Senators Washington, Wiener and Jacobsen 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

Mr. Speaker appointed Assemblymen Herrera, Carpenter and Segerblom as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 15.

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 8--Providing for the appointment of an additional attaché.
Resolved by the Assembly of the State of Nevada, That John Meyer is elected as an additional attaché of the Assembly for the 69th session of the Legislature of the State of Nevada.
Assemblyman Herrera moved the adoption of the resolution.
Remarks by Assemblyman Herrera.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Transportation:
Assembly Bill No. 333--An Act relating to mass transit; authorizing a regional transportation commission to use certain methods of procurement for a fixed guideway project and the rolling stock therefor; providing standards for the approval of such a project; designating the department of transportation as the oversight agency on such a project; specifying that certain tax proceeds may be used to pay the cost of such projects; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 334--An Act making an appropriation to the Western Nevada Development District to provide the matching money that is required to receive a federal grant to provide flood coordination services for western Nevada; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Herrera, Arberry and Williams:
Assembly Bill No. 335--An Act making an appropriation to the Clark County School District for the reclassification of the unlicensed employees of the school district; and providing other matters properly relating thereto.
Assemblyman Herrera moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 33.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 179.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 48.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 128.
Amend sec. 2, page 1, by deleting lines 14 through 16 and inserting:
"4. "Wild burro" means a burro which is unbranded and unclaimed and ".
Amend sec. 2, page 2, line 1, by deleting "6." and inserting "5.".
Amend sec. 4, page 2, by deleting lines 31 through 42 and inserting:
"2. The fund for the commission for the preservation of wild horses and burros is hereby created as a trust fund. The fund is a continuing fund without reversion. Except as otherwise provided in subsection 1, all money received for the preservation of wild horses or burros from any source other than the Heil trust must be deposited in the commission fund".
Amend sec. 4, page 3, line 4, by deleting "[3.] 4." and inserting "3.".
Amend sec. 4, page 3, line 7, by deleting "[4.] 5." and inserting "4.".
Amend sec. 4, page 3, by deleting lines 14 and 15 and inserting:
"5. [The] Except as otherwise provided in subsection 6, the expenses of the".
Amend sec. 4, page 3, line 18, by deleting "7." and inserting "6.".
Amend sec. 6, page 3, by deleting lines 43 and 44 and inserting:
"(d) Solicit and accept contributions for the commission fund and the Heil trust fund for wild horses;".
Amend sec. 7, page 4, by deleting lines 32 and 33.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"making the commission of certain acts relating to wild".
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. 87.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 74.
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 second and third lines and inserting:
"and providing other matters properly".
Amend the summary of the bill to read as follows:
"Summary--Authorizes collection of certain fees in municipal courts. (BDR 1-356)".
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. 105.
Bill read second time and ordered to third reading.

Assembly Bill No. 107.
Bill read second time and ordered to third reading.

Assembly Bill No. 108.
Bill read second time and ordered to third reading.

Assembly Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 124.
Amend section 1, page 1, by deleting section 1 and inserting:
"Section 1. (Deleted by amendment.)".
Amend sec. 2, page 1, by deleting line 5 and inserting:
"623.024 "Practice [of interior design"] as a registered interior designer" means the rendering , by a person registered pursuant to subsection 2 of NRS 623.180, of".
Amend sec. 2, page 1, by deleting line 9 and inserting:
"(a) A client's needs and goals for".
Amend sec. 3, page 2, by deleting lines 12 through 14 and inserting:
"623.026 "Registered interior designer" means [any] a person who [engages in
the practice of interior design] provides some or all of the services set forth in NRS 623.024 and holds a certificate of registration issued by the board [.] pursuant to subsection 2 of NRS 623.180.".
Amend sec. 4, page 2, line 16, by deleting "constructive".
Amend sec. 5, page 2, by deleting line 43 and inserting:
"(c) [Interior design] As a registered interior designer or use the title of registered".
Amend sec. 5, page 3, by deleting lines 10 and 11 and inserting:
"and seal. [Any] A person who is issued a certificate may practice architecture [, interior design] or residential design or may practice as a registered interior designer in this state, subject to the".
Amend sec. 6, pages 3 and 4, by deleting sec. 6 and inserting:
"Sec. 6. (Deleted by amendment.)".
Amend sec. 7, page 4, line 10, by deleting:
"constructive interior design" and inserting:
"[interior design] as a registered interior designer".
Amend sec. 7, page 4, line 16, by deleting "constructive".
Amend sec. 7, page 4, line 19, by deleting "constructive".
Amend sec. 7, page 4, line 22, by deleting "constructive".
Amend sec. 7, page 4, line 25, by deleting "constructive".
Amend sec. 7, page 4, line 28, by deleting "constructive".
Amend sec. 8, page 5, line 4, by deleting:
"constructive interior design" and inserting:
"[interior design] as a registered interior designer".
Amend sec. 9, page 5, by deleting lines 15 and 16 and inserting:
"certificates of registration to practice [architecture, interior design] :
1. Architecture or residential design ; or
2. As a registered interior designer,
issued and renewed pursuant to the provisions of this".
Amend sec. 10, page 5, by deleting lines 23 and 24 and inserting:
"preceding a biennium during which he desires to continue [the] :
(a) The practice of architecture [, interior design] or residential design [,] ; or
(b) To practice as a registered interior designer,
submit a".
Amend sec. 11, page 6, by deleting lines 4 and 5 and inserting:
"incompetency, negligence or gross negligence in [the] :
(1) The practice of architecture [, interior design] or residential design [.] ; or
(2) His practice as a registered interior designer.".
Amend sec. 11, page 6, by deleting line 13 and inserting:
"to practice [architecture, interior design] :
(1) Architecture or residential design [.] ; or
(2) As a registered interior designer.".
Amend sec. 11, page 6, by deleting lines 15 and 16 and inserting:
"ethics pertaining to [the] :
(1) The practice of architecture [, interior design] or residential design [.] ; or
(2) Practice as a registered interior designer.".
Amend sec. 11, page 6, by deleting lines 34 and 35 and inserting:
"(b) "Incompetency" means conduct which, in [the] :
(1) The practice of architecture [, interior design] or residential design [,] ; or
(2) Practice as a registered interior designer,
demonstrates a significant".
Amend sec. 11, page 6, by deleting lines 38 and 39 and inserting:
"professional care exercised generally by other members [of the professions of architecture, interior design] in:
(1) The profession of architecture or residential design [.] ; or
(2) Practice as a registered interior designer.".
Amend sec. 12, page 6, by deleting line 42 and inserting:
"practice [architecture, interior design] :
1. Architecture or residential design ; or
2. As a registered interior designer,
must be".
Amend sec. 13, page 7, line 19, by deleting "constructive".
Amend sec. 13, page 7, line 21, by deleting "constructive".
Amend sec. 13, page 7, by deleting lines 24 through 27 and inserting:
"furnishings used in interior design or provides assistance in the selection of materials or furnishings used in interior design, including, without limitation:".
Amend sec. 13, page 7, by deleting line 32 and inserting:
"(5) Lighting which is not part of a structure;".
Amend sec. 13, page 7, lines 34 and 35, by deleting:
". [,
if] If " and inserting ",
if ".
Amend sec. 13, page 7, line 36, by deleting the brackets.
Amend sec. 13, page 7, by deleting lines 37 through 39 and inserting:
"other law, ordinance, rule or regulation governing the alteration or construction of a structure.".
Amend sec. 14, page 8, by deleting line 6 and inserting:
"registration to practice [interior design.] as a registered interior designer.".
Amend sec. 15, page 8, line 11, by deleting "board;" and inserting:
"board . [;] This paragraph does not prohibit a person who is exempt, pursuant to NRS 623.330, from the provisions of this chapter from holding himself out to the public or soliciting business as an interior designer.".
Amend sec. 15, page 8, by deleting lines 14 through 18 and inserting:
"designer or that he is otherwise qualified to [engage] :
(1) Engage in the practice of architecture [, interior design] or residential design ; or
(2) Practice as a registered interior designer,
without having a certificate of registration issued by the board . [;]
(c) Engage in the practice of architecture [, interior design] or residential design or practice as a registered interior designer without a certificate of registration issued by the board . [; or]".
Amend sec. 16, page 9, by deleting lines 2 through 6 and inserting:
"any combination thereof, and may be composed of persons [engaged in the] :
(1) Engaged in the practice of architecture [or interior design] as provided in chapter 623 of NRS [, persons engaged in the] ;
(2) Practicing as a registered interior designer as provided in chapter 623 of NRS;
(3) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS ; and [persons engaged]
(4) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.".
Amend sec. 17, page 9, by deleting lines 23 through 41 and inserting:

"practice as a registered interior designer must be of good moral character and submit to the board:
(a) An application on a form provided by the board;
(b) The fees required pursuant to NRS 623.310;
(c) Proof which is satisfactory to the board that he has completed:
(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design; or
(2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;
[(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;
(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or
(5) At least 6 consecutive years of experience in the practice of interior design;] and".
Amend the title of the bill, first line, by deleting:
"establishing the practice of constructive interior design;"
and inserting:
"revising provisions relating to persons who practice as registered interior designers;".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions regarding persons who practice as registered interior designers. (BDR 54-565)".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Freeman moved that Assembly Bill No. 29 be taken from the Chief Clerk's desk and placed at the top of the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 29, 61, 71, 106, 117, 202, 292; Senate Bills Nos. 63, 84, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Assemblywoman de Braga moved that Assembly Bill No. 50 be taken from the Chief Clerk's desk and re-referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

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

Assembly in recess at 11:25 a.m.

ASSEMBLY IN SESSION

At 11:46 a.m.
Mr. Speaker presiding.
Quorum present.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, April 7, 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. 25.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 25.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblymen Ohrenschall and Segerblom.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Ohrenschall:
I believe everybody in Nevada knows that Roger Foley was a judge of intellect, integrity and compassion. What they don't know, perhaps--because he never boasted of it--was that he was a man of great personal and professional courage. I had the honor of practicing before him in the federal court. He was known universally as a judge who listened to both sides, was always there, and worked very, very hard.
In addition, Judge Foley was the godfather of my son, James Ohrenschall. He took the time to show the example that young people need in growing up.
I'm extremely honored to rise and make this motion. Sitting with me are Ann Foley, his widow, Liz Foley, and his brother, George Foley. I strongly urge this body to adopt this resolution.

Assemblywoman Segerblom:
I have known the Foleys for some 50 years and went to college with Roger. Some of the Foleys even painted with my husband. We have been very good friends, and I would like to second or join in the resolution. I have at my desk John Foley and Helen Foley, both of whom served Nevada as state senators, and Mary Lou Foley. For 91 consecutive years, the Foleys have served this state. It started with Thomas L. in 1904, and currently, Helen's father, Joe, is a University regent.
Resolution adopted.

unfinished business
Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Senate Joint Resolution No. 1.

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 Adam Anderson, David Barragan, Heather Blanchard, R. Campbell, Almon Coats, Hannah Coburn, Joshua Crevling, Daniel Davis, Jonathan Denning, Lizet Diaz, Kimberly Duncan, Katie Erickson, Sara Escobedo, Jeannie Fillmore, Ashley Gonzales, Krystyna Gonzalez, Derek Hawkins, Dobnei Hintze, Joel Hurles, Matthew Johnston, Daniel Jolly, Justin Maciejack, Brittany Messer, Brittany Nelson, Alexander Oliver, Kyle Rasmussen, Anthony Rivera, Eduardo Ruiz, Cody Singleton, Louis Sison and Erin Wagner.

On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Tamara Shaw.

On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Hill and Bill Decker.

On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Litchfield.

On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Jennifer Jacobsen.

On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Barry Shier.

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

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Lou Foley, John Foley and Helen Foley.

Assemblyman Perkins moved that the Assembly adjourn until Tuesday, April 8, 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