ASSEMBLY DAILY JOURNAL
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THE NINETY-FOURTH DAY
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Carson City (Wednesday), April 23, 1997
Assembly called to order at 10:46 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Segerblom, who was excused.
Prayer by the Chaplain, The Reverend William L. McCord.
Almighty and merciful God, we give thanks for the gift of another day, for the work we have to do, and for the strength to do it. Guide us, we pray, by Your truth; uphold us by Your power; and purify us by the continual indwelling of Your spirit. Grant that in every circumstance we may grow in wisdom, and knowing the things that are best to serve the needs of all the people, obtain strength to persevere, through Jesus Christ our Lord.
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.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 110, 304, 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
Senate Chamber, Carson City, April 22, 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. 4, 8, 95, 101, 393.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 17.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 170, 176, 216.
Mary Jo Mongelli
Assistant Secretary of the Senate
By Assemblymen Price, Dini, Perkins, Hettrick, Goldwater, Von Tobel, Evans, Krenzer, Nolan, Braunlin, Cegavske, Gustavson, Williams, Bache, Lee, Humke, Ernaut, Chowning, Collins, Neighbors, Manendo, Giunchigliani, Mortenson, Ohrenschall, Buckley, Herrera, Arberry, Amodei, Lambert, Hickey, Carpenter, Marvel, Close, Sandoval, Parks, Anderson, Berman, de Braga, Segerblom, Freeman, Koivisto and Tiffany:
Assembly Concurrent Resolution No. 18--Granting administrative leave to legislative employees in recognition of their service to the 69th session of the Nevada Legislature.
Assemblyman Price moved the adoption of the resolution.
Remarks by Assemblyman Price.
Resolution adopted.
Senate Bill No. 170.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 176.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 216.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
Assembly Bill No. 198.
Bill read second time and ordered to third reading.
Assembly Bill No. 261.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 233.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1. 1. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $283,676 for the repair and maintenance of vehicles used by the division and volunteer fire departments for fighting fires.
2. Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after August 1, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. Notwithstanding the provisions of section 5 of chapter 447 of Statutes of Nevada 1995, at page 1413, the division of forestry is hereby authorized to augment the amounts authorized in section 1 of chapter 447 of Statutes of Nevada 1995, at page 1408, and subsequent augmentations approved by the interim finance committee to receive during fiscal year 1996-97 up to $350,000 of reimbursements from the use of the division's vehicles and those of volunteer fire departments in fighting fires and responding to other emergencies and to expend those funds during fiscal year 1996-97 for the repair and maintenance of vehicles used by the division and volunteer fire departments for fighting fires. The portion of the appropriation made by section 1 of this act used to repair and maintain vehicles must be decreased to the extent that revenue received from reimbursements pursuant to this section of the act is available.
Sec. 3. In addition to amounts authorized for expenditure in section 1 of chapter 447, Statutes of Nevada 1995, at page 1408, and subsequent augmentations approved by the interim finance committee, the forestry intergovernmental agreement program is hereby authorized to receive during fiscal year 1996-97 up to $268,000 of reimbursements for the use of the program's vehicles in fighting fires and responding to other emergencies and to expend that money during fiscal year 1996-97 to repair and maintain vehicles used for fire fighting by fire protection districts organized pursuant to chapter 473 of NRS.
Sec. 4. The division of forestry shall report to the interim finance committee on or before September 30, 1997, on the use of the funds appropriated and authorized by this act and the amount of money reverted to the state general fund.".
Amend the title of the bill to read as follows:
Assembly Bill No. 287.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 214.
Amend section 1, page 1, line 15, by deleting "Provided notice" and inserting:
"Sent notice, by registered or certified mail, return receipt requested,".
Amend section 1, page 1, line 17, by deleting:
"and an appeal." and inserting:
"before the designee of the board and an appeal of that decision to the board.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 314.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 243.
Amend sec. 2, page 2, by deleting lines 6 through 10 and inserting:
"city lies of its intention, annex [:
(a) Contiguous] territory that is contiguous on at least 15 percent of its aggregate external boundaries to the city if:
(a) The territory is owned in fee by the city [.] ; or
(b) [Other contiguous territory if 100] One hundred percent of the owners of record of individual lots or parcels of land within [such area] the territory sign a petition requesting the governing body to annex [such area] the territory to the city. If such petition is".
Amend sec. 2, page 2, line 12, by deleting "such area" and inserting:
"[such area] the territory".
Amend sec. 3, page 3, by deleting line 19 and inserting:
"annexing municipality or on the existing area of a sphere of influence or separated from the boundary or area thereof by a street,".
Assemblywoman Lambert moved the adoption of the amendment.
Remarks by Assemblywoman Lambert.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 9.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 181.
Amend sec. 3, page 3, line 18, after the period by inserting:
"The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Giunchigliani and Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 64.
Bill read second time and ordered to third reading.
Senate Bill No. 88.
Bill read second time and ordered to third reading.
Assembly Bill No. 185.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 234.
Amend section 1, page 2, by deleting lines 4 and 5 and inserting:
"(a) The arbitrator shall assess his costs to the losing party except in extraordinary cases wherein the arbitrator may determine that a different assessment of costs is more equitable and make the assessment accordingly;".
Assemblyman Hettrick moved the adoption of the amendment.
Remarks by Assemblyman Hettrick.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 284.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 284:
Yeas -- 41.
Nays -- None.
Excused -- Segerblom.
Assembly Bill No. 284 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 10.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 10:
Yeas -- 41.
Nays -- None.
Excused -- Segerblom.
Senate Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 179.
Bill read third time.
Remarks by Assemblymen Chowning and Ernaut.
Conflict of interest declared by Assemblyman Ernaut.
Roll call on Senate Bill No. 179:
Yeas -- 40.
Nays -- None.
Not voting -- Ernaut.
Excused -- Segerblom.
Senate Bill No. 179 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 189.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 189:
Yeas -- 41.
Nays -- None.
Excused -- Segerblom.
Senate Bill No. 189 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assemblywoman Freeman moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:44 a.m.
At 11:47 a.m.
Mr. Speaker presiding.
Quorum present.
By the Committee on Health and Human Services:
Assembly Bill No. 401--An Act relating to public welfare; making various statutory changes in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; limiting the eligibility of aliens for certain public benefits; providing for the establishment of programs to provide assistance for the care and development of children and to provide temporary assistance for needy families; revising the powers and duties of the state welfare board and the welfare division of the department of human resources; revising the provisions governing the establishment of paternity and the enforcement of an obligation for the support of a child; establishing an administrative procedure for the establishment of paternity and the establishment, modification and enforcement of an obligation for the support of a child; requiring the inclusion of social security numbers in certain documents; adopting the Uniform Interstate Family Support Act; requiring the establishment of a directory of newly hired employees and the submission by employers of certain information to the directory; providing civil penalties; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Concurrent Committees on Health and Human Services, Judiciary and Ways and Means.
Motion carried.
By Assemblymen Parks, Mortenson, Koivisto, Lee, Chowning, Segerblom, Bache, Collins, Close, Goldwater, Nolan, Manendo, Von Tobel, Williams, Herrera, Price, Tiffany, Carpenter, Amodei, Neighbors, Cegavske, Lambert, Buckley, Perkins, Ohrenschall, Krenzer, Sandoval and Braunlin:
Assembly Bill No. 402--An Act making an appropriation to Clark County for the acquisition and development of property for public safety and recreational purposes; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Cindy Southerland, Joi Davis, Matthew Baker and Brenda Olson.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Jo Rasey, Reba Coombs, Janice Luevano, Virginia Letts and Sheri Silva.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Philene Anderson, Vikki Folstad, Kelly Liston and Sara Kaufman.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Phenix.
On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Kincaid.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Houger.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Day.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Gray.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Jackie Valley and Cindy Clampitt.
On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Carole Cavolick.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Cecile Crofoot.
On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Carmela Porcella and Barbara Pryor.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Laverna Marwin, Patty Hicks and Paula Winne.
On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Naomi Dottei.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Marcelene Wehry, Jeanne Douglass, Brent Alverson, Bruce Pfeiffer, Heather Collins, Dyan Merritt, Michael Collins, Terry Sullivan, Rebecca Lawson, Joe Crawford, Nicole Geissler, Michael Wiese, Chris Brunsvold, Greg Torres, Jacque Sneddon, Cindy Benjamin, Carolyn Grabski, Bonnie Sue Borda, Susan Furlong Reil, Jason Hataway, Harle Glover and Linda Alden.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Liz Frankel and Lori Conforti.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Debra Spieth, Jean McGuire and Randy Ramos.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Sharon Spencer and Marilyn McElhany.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Rita Ahart.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Lois McDonald.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Cooper, Anita Wallstrum and Rebecca Wallstrum.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Ann Buoncristiani.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Carolyn Maynick.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Francis Noe.
On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Erin DeLong and Jasmine Shackley.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Kristi Geiser.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Cecile Crofoot.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Marge Griffin.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Yhvona Martin.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Sheila Sease.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Hancock.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to R. J. Keetch.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Carlson.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Dana Langdon.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to C. J. Johnston and Jane Baughman.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Thomsen, Nykki Kinsley and Cathy Cassidy.
On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Irene Davis.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Hess and Ben Raskin.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Jana Mabry.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Stephany Corral.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Ann Van Nostrand and Linda Corbett.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 24, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:39 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly