NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE EIGHTY-FIRST DAY
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Carson City (Thursday), April 10, 1997

Assembly called to order at 10:51 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Nevada Metherd.
O my God! O my God! Verily these servants are turning to Thee, supplicating Thy kingdom of mercy. Verily they are attracted by Thy holiness and set aglow with the fire of Thy love, seeking confirmation from Thy wondrous kingdom and hoping for attainment in Thy heavenly realm. Verily they long for the descent of Thy bestowal, desiring illumination from the Sun of Reality. O Lord! Make them radiant lamps, merciful signs, fruitful trees and shining stars. May they come forth in Thy service and be connected with Thee by the bonds and ties of Thy love, longing for the lights of Thy favor. O Lord! Make them signs of guidance, standards of Thy immortal Kingdom, waves of the sea of Thy mercy, mirrors of the light of Thy majesty. Verily Thou art the Merciful! Verily Thou art the Precious, the Beloved!

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 Commerce, to which were referred Assembly Bill No. 328; Senate Bill No. 93, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Richard Perkins,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, April 9, 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. 124, 164.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 98.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 2.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolutions Nos. 13, 17, 33 of the 68th Session.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 11 be taken from the Resolution File and placed on the Chief Clerk's desk.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Collins, Chowning, Segerblom, Carpenter, Evans, Price, Sandoval, Manendo, Perkins, Buckley, Williams, Berman, Neighbors, Marvel, Von Tobel, Herrera, Ohrenschall, Amodei, Humke, Giunchigliani, Arberry, Bache, Lambert, Parks, Braunlin, Koivisto, Lee, Gustavson, Krenzer, Nolan and Cegavske:
Assembly Bill No. 349--An Act relating to cities; requiring a special election to fill certain vacancies on the governing body of a city; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Assemblyman Carpenter:
Assembly Bill No. 350--An Act relating to the Elko Convention and Visitors Authority; imposing a limitation upon the maximum indebtedness of the Authority; making certain provisions of NRS applicable to the procedure for bonding pursuant to this act; authorizing the Authority to issue and sell additional bonds in accordance with certain provisions of NRS; providing that bonds may not be issued for the purpose of managing, operating, advertising, publicizing or promoting the facilities of the Authority; repealing certain obsolete provisions; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 351--An Act relating to public utilities; requiring the public service commission of Nevada to adopt an alternative plan of regulation of public utilities that supply natural gas; providing under certain circumstances for the exemption from regulation of certain services; requiring the commission to report to the legislature concerning the alternative plan of regulation; 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 Ways and Means:
Assembly Bill No. 352--An Act relating to education; creating the council for educational technology; authorizing public schools and libraries to apply for grants of money for educational technology from the trust fund for educational technology; shifting the responsibility from the superintendent of public instruction to the council to award grants of money from the trust fund; providing under certain circumstances for a reduced rate for usage of electricity attributable to the use of educational technology; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 9.
Bill read third time.
Remarks by Assemblymen Manendo, Evans and Anderson.
Roll call on Assembly Bill No. 9:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 9 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 49.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 49:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 49 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 58.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 58:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 58 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 159.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 159:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 159 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 195.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Assemblywoman Ohrenschall moved that Assembly Bill No. 195 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 230.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Assembly Bill No. 230:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 230 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 241, 292 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair for the purpose of hearing musical renditions by the All-State Honor Choir.

Assembly in recess at 11:16 a.m.

ASSEMBLY IN SESSION

At 11:30 a.m.
Mr. Speaker presiding.
Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Giunchigliani, Price, Goldwater, Bache, Ohrenschall, Amodei, Herrera, Anderson, Freeman, Parks, Koivisto, Lee, Buckley, Perkins, Chowning, Collins, Krenzer, Manendo, Segerblom, Evans, Arberry, Humke and Neighbors:
Assembly Joint Resolution No. 9-- Proposing to amend the constitution of the State of Nevada to increase the limitation on the state indebtedness solely to pay costs of the construction and renovation of school facilities.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 3 of article 9 of the constitution of the State of Nevada be amended to read as follows:
Sec. 3. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
2. The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for the [protection] :
(a) Protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise.
(b) Construction and renovation of facilities for schools, but the debt for such contracts shall never, in the aggregate, exclusive of interest, exceed the sum of one per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, in addition to any other debt authorized by this section.
The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.

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

Assembly in recess at 11:31 a.m.

ASSEMBLY IN SESSION

At 11:34 a.m.
Mr. Speaker presiding.
Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Giunchigliani, Collins, Arberry, Bache, Parks, Koivisto, Goldwater, Herrera, Tiffany, de Braga, Price, Marvel, Ohrenschall, Amodei, Anderson, Freeman, Lee, Buckley, Perkins, Chowning, Collins, Manendo, Evans, Krenzer, Segerblom and Neighbors:
Assembly Bill No. 353--An Act relating to governmental administration; revising provisions governing the review of plans for school facilities; authorizing school districts to lease school facilities; creating the committee to oversee the construction and repair of school facilities; authorizing the issuance of certain bonds under certain circumstances without an election; specifying that the provision of school facilities is a fundamental purpose of the Community Redevelopment Law; providing exceptions to the statutory limit on the total rate of taxes ad valorem for taxes levied under certain circumstances; providing that certain money remaining in the state distributive school account be deposited in the special account for school construction; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Concurrent Committees on Infrastructure and Ways and Means.
Motion carried.

By Assemblymen Giunchigliani, Arberry, Buckley, Humke, Evans, Segerblom, Herrera, Amodei, Bache, Cegavske, Krenzer, Chowning, Goldwater, Close, Von Tobel, Price, Dini, Marvel, Sandoval, Anderson, Perkins, Williams, Berman, de Braga, Neighbors, Hickey, Tiffany, Carpenter, Ernaut, Collins, Gustavson, Lee, Mortenson, Koivisto, Parks, Braunlin, Lambert, Freeman and Nolan:
Assembly Bill No. 354--An Act relating to campaign practices; requiring each contribution to be identified separately; requiring each expenditure made on behalf of or against a question on an election ballot or on behalf of a candidate or group of candidates to be reported; limiting the amount of contributions a political party or a committee sponsored by a political party may contribute to a candidate; requiring certain persons who receive contributions to open and maintain a separate account for the deposit of those contributions; requiring certain persons who receive contributions to file an annual report with the secretary of state; prohibiting a person from making a contribution in the name of another person; requiring a political party or a committee sponsored by a political party that makes expenditures on behalf of a candidate or group of candidates to report the contributions it receives; providing penalties; 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 Assemblymen Sandoval, Carpenter, de Braga, Segerblom, Braunlin, Lee, Humke, Neighbors, Mortenson, Ohrenschall, Bache, Hettrick, Gustavson, Lambert, Hickey, Close, Koivisto, Nolan, Amodei, Chowning, Ernaut, Tiffany, Cegavske, Manendo, Berman, Perkins, Williams, Herrera, Collins, Buckley, Goldwater, Price, Anderson, Dini, Parks, Arberry, Giunchigliani, Von Tobel, Marvel, Krenzer, Evans and Freeman:
Assembly Bill No. 355--An Act relating to environmental regulation; authorizing certain persons who own or operate certain facilities to make voluntary examinations and disclosures regarding certain environmental requirements; providing for a mitigation of criminal penalties and a presumption against administrative or civil liability if such an examination and disclosure is made; precluding the use of an environmental audit to commence certain proceedings and actions; and providing other matters properly relating thereto.
Assemblyman Sandoval moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

By Assemblymen Humke, Evans, Von Tobel, Manendo, Anderson, Marvel, Freeman, Carpenter, Hickey, Gustavson, Mortenson, Ohrenschall, Segerblom, Lee, Neighbors, de Braga, Berman, Williams, Perkins, Arberry, Amodei, Sandoval, Cegavske, Giunchigliani, Goldwater, Herrera, Parks, Lambert, Bache, Braunlin, Close, Hettrick, Ernaut, Koivisto, Nolan, Krenzer, Dini, Tiffany, Price, Chowning and Collins:
Assembly Bill No. 356--An Act relating to children; revising provisions governing the protection of children from abuse or neglect; expanding the list of persons to whom may be made available information concerning certain reports and investigations relating to such abuse or neglect; prohibiting such persons from making such information public; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Humke moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.

UNFINISHED BUSINESS
Consideration of Senate Amendments

Assembly Bill No. 98.
The following Senate amendment was read:
Amendment No. 69.
Amend section 1, page 1, line 9, by deleting "water." and inserting:
"water, waste water or sewerage.".
Amend sec. 2, page 2, line 28, by deleting "water." and inserting:
"water, waste water or sewerage.".
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 98.
Remarks by Assemblyman Goldwater.
Motion carried.
Bill ordered enrolled.

Signing of Bills and Resolutions

There being no objection, the Speaker and Chief Clerk signed Assembly Resolution No. 9; Senate Concurrent Resolution No. 25.

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 Florindo "Ferd" Mariani and Ryanne Amodei.

On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Richard Blue.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to William Dehnniy, Myron Pree, Marcia Neel, David Branson, Shirley Fielding, Mildred Mathews, Pat Gable, Jody Bryson, Barbara Koplowitz, Mary Boatwright, Bobbie Bullington, Maxine Hansen and Eva Davis, Emily Miller, Serena Brauburger, Tammy McCormack, Jean Miller, Josh Jones, Travis Smith, Ryan Peters, Jeremy Dillie, Chris Gault, Emmy Massey, Peggy Nickerson, Meagan Martinez, James Priester, Justin McIntosh, Avery Day, Kristen Joyner, Marie Cox, Heather Burns, Crystal Bennett, Cameo Breen, Monica Castillo, Sarah Downs, Jesse Forgette, Jeremy Gee, Chad Hall, Jerome Jones, Tia Keith, Veronica Lopez, Cheryl Simmons, Jacob Therrien, Chris Cole, Pablo Flores, Mayra Gutierrez, Tiffany Hunter, John Mahoney, Melissa McFarland, JoAnn Pfaff, Joe Reyna, Elise Wheeler, Crystal Dubois, Richard Gomes, Jeremy Hardin, Michelle Jolly, Willy Marroquin, Earl Peterson, Jeremy Radke, Kelly Walsh, Adam Wilkin, Trevor Balbini, Jed Brazell, Alex Chisum, Jay Egbert, Marshall Gledhill, Anthony Hanifen, Daniel Henderson, Vicky Holt, Fallon Lowrey, Sarah Luciani, Chellee Morton, Bictor Ramirez, Luke Ainsworth, Travis Anderson, Anita Buendia, David Crabtree, Jamie Goodsell, Lynn Keller, David Larsen, Mike Moresi, Shane Nixon, Steven Smith, Trenton Smith, Meghan Whitman, Laura Andrews, Feleesha Dick, Michael Garcia, Jennifer Nolin, Raul Paredes, Kyle Potter, Katie Reese, David Rucilez, Amanda Shadoan, Donald Walters, Katherine Ashley, Nikki Baker, Matthew Bongiovanni, Ana Cervantes, Jesse Cirino, Inggrid Francesca, Bonnie Gaines, Ana Garcia, Ashlee Hazel, Martin Herrera, Krystal Martin, Jessie Ramirez, Tami Shephard, Brandon Wilcox, Erin Geil, Vivian Olds and Tim Hines.

On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Micki Swinn, Cason Swinn and Maxine Hansen.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Harry Culbert, Jack Homeyer, Jerry Hubbard, Jim Hunting, Ed Leiger, Lynne Mirch, Susan Miller, Doug Ponn, Bruce Rice, Shelby Ruth, Kuldip Sandhu and Rose Taylor.

On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Maria Downer, Sally Miller, Jacquie Carleton, Linda Read, Lezlie Porter, Nancy Doering, Mrs. Wells, Dorothy Craig, Patricia Puchert, Barbetta Sohrt, Sharron Angle, Judy Mayhew, Lois Logan, Margot Murray, Jan Hunt, Elaine McNeill, Dale Lowery, Glenda Peake, Barbara Bane, Robin Pearl, Terri Choate, Sally Davenport and Ann Thompson.

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

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Ferraro and Darryl Martin.

Assemblyman Perkins moved that the Assembly adjourn until Monday, April 14, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 11:52 a.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly