NEVADA LEGISLATURE

Twentieth Special Session, 2003

                               

ASSEMBLY DAILY JOURNAL

                               

THE TWENTY-SEVENTH DAY

 

Carson City (Monday) July 21, 2003

 

    Assembly called to order at 4:20 p.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Beverly Mobley.

    Let us pray. Lord, we ask that you stay beside us along the path through your garden of wisdom and let us feel the growth within us. We read in Proverbs 2, "For the Lord gives wisdom; from his mouth come knowledge and understanding; He stores up sound wisdom for the upright; He is a shield to those who walk in integrity, guarding the paths of justice and preserving the way of his saints." We pray that You give us the strength to always have faith in the hope of tomorrow.

Amen.

    Pledge of allegiance to the Flag.

    Assemblyman Oceguera 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.

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

    Assembly in recess at 4:23 p.m.

    ASSEMBLY IN SESSION

    At 4:26 p.m.

    Mr. Speaker presiding.

    Quorum present

REMARKS FROM THE FLOOR

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

Assemblywoman Buckley:      

    Thank you, Mr. Speaker. I think most people know the Senate is now taking up a bill as we speak. The plan is to wait for that bill. If the bill is successful and passes, we will consider it as soon as it is sent down. If not, we will recede from the amendments on SB 6, and basically, leave. There are a couple of other bills that passed both houses and died in the conference report process that are being drafted and sent back to us. They are being delivered, so we will take those up when they come over. I think what the Speaker’s plan for us is to stay in the chambers, in recess, because if the bill doesn’t get down here soon, we are just going to act on SB 6. As much fun as we’ve had all Legislative session, we’ve all had quite enough. With that Mr. Speaker, I leave it to you.

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

    Assembly in recess at 4:28 p.m.

ASSEMBLY IN SESSION

    At 6:21 p.m.

    Mr. Speaker presiding.

    Quorum present

COMMUNICATIONS

MESSAGES FROM THE GOVERNOR

Office of the Governor

Carson City, Nevada 89701, July 21, 2003

    The Honorable Richard D Perkins, Speaker of the Assembly, Nevada State Legislature, Legislative Building, 401 S. Carson St, Carson City, Nevada 89701

Speaker Perkins and Members of the Nevada State Assembly:

    Section 9 of Article V of the Nevada Constitution provides that the Governor may request the Legislature, when convened in Special Session, to consider matters other than those set forth in the call.

    Legislative Counsel has presented a letter to the Office of the Governor requesting "a technical conflicts and corrections bill be included in a list of matters that may be considered by the Legislature during the 20th Special Session of the Nevada Legislature."  With this letter, I am exercising my constitutional authority to bring additional legislative business to your attention for consideration during the Special Session.  I authorize you to make technical corrections to the following legislation from the 72nd Session of the Nevada Legislature:  Assembly Bills 55, 192, 388, 490, 493, 541, 555, and Senate Bills 78, 100, 147, 183, 200, 233, and 250. 

    Best wishes in your deliberations.

                                                                                                Sincerely,

                                                                                                        Kenny Guinn

                                                                                                        Governor of Nevada

Office of the Governor

Carson City, Nevada 89701, July 21, 2003

    The Honorable Richard D Perkins, Speaker of the Assembly, Nevada State Legislature, Legislative Building, 401 S. Carson St, Carson City, Nevada 89701

Speaker Perkins and Members of the Nevada State Assembly:

    Section 9 of Article V of the Nevada Constitution provides that the Governor may request the Legislature, when convened in Special Session, to consider matters other than those set forth in the call.

    Legislative Leadership has requested several additional legislative bills be considered during the 20th Special Session [of] the Nevada Legislature. Therefore, with this letter, I am exercising my constitutional authority to bring additional legislative business to your attention for consideration during the Special Session. I hereby authorize you to consider several matters from the 72nd Session of the Nevada Legislature: Assembly Concurrent Resolution 19, Assembly Bills 163 and 40, and Senate Bills 188, 229, 243, 249, 258, 306, and 447. 

    Best wishes in your deliberations.

                                                                                                Sincerely,

                                                                                                        Kenny Guinn

                                                                                                        Governor of Nevada

Office of the Governor

Carson City, Nevada 89701, July 21, 2003

    The Honorable Richard D Perkins, Speaker of the Assembly, Nevada State Legislature, Legislative Building, 401 S. Carson St, Carson City, Nevada 89701

Speaker Perkins and Members of the Nevada State Assembly:

    Section 9 of Article V of the Nevada Constitution provides that the Governor may request the Legislature, when convened in Special Session, to consider matters other than those set forth in the call.

    Legislative Leadership has requested that three additional legislative bills from the 72nd Session of the Nevada Legislature be considered during the 20th Special Session.  Therefore, with this letter, I am exercising my constitutional authority to bring additional legislative business to your attention for consideration during the Special Session.  I hereby authorize you to consider the following matters from the 72nd Session of the Nevada Legislature: Assembly Bills 271 and 554 and Senate Bills 355, 357, and 505. 

    Best wishes in your deliberations.

                                                                                                Sincerely,

                                                                                                        Kenny Guinn

                                                                                                        Governor of Nevada

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee of the Whole:

    Assembly Concurrent Resolution No. 2—Directing the Legislative Commission to conduct an interim study of telecommunication services in this state.

    Assemblyman Goldwater moved the adoption of the resolution.

    Remarks by Assemblyman Goldwater.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Goldwater:

    Mr. Speaker, thank you. This was a result of deliberations with the telecommunications industry. If we can recall, what was SB 400 and the issues were related to incumbent local exchange carriers and competitive local exchange carriers, as well as, the Public Utilities Commission and their relationship with the Federal Communications Commission. There were a number of issues that arose that quite frankly no one had the answers to. At the urging of the consumer advocate and the industry, particularly the competitive local exchange companies, we felt a study was most assuredly in order to reach some conclusions on a number of market factors including competition in the market place and whether or not true competition really existed. It’s a very important legislative study. It’s one I think many groups from government and the private sector are anxious to commit resources to, and I know your Commerce Committee urged adoption.

    Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee of the Whole:

    Assembly Bill No. 5—AN ACT relating to statutes; making technical corrections to certain measures approved by the 72nd Session of the Nevada Legislature; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 5 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 6—AN ACT relating to public bodies; prohibiting certain public bodies from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; providing that certain meetings and hearings regarding prisoners and persons on parole or probation are not subject to the open meeting law but must be open to the public; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; authorizing a board of trustees of a general improvement district to increase the compensation of the trustees under certain circumstances; authorizing the board of trustees of a general improvement district to adopt and enforce regulations regarding the date on which a charge for services provided by the district becomes delinquent; making certain changes regarding the merger, consolidation or dissolution of certain general improvement districts; revising the manner in which certain information regarding property taxation be made available to the public; requiring that meetings of certain professional licensing boards be held at locations with certain technological capacity; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 6 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 7—AN ACT relating to minority groups; creating the Nevada Commission on Minority Affairs; prescribing the duties of the Commission; requiring the Director of the Department of Administration to provide certain staff assistance to the Commission under certain circumstances; creating the Regional Business Development Advisory Council for Clark County; prescribing the powers and duties of the Council; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 7 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 8—AN ACT making appropriations to the University of Nevada, Reno, for certain expenses of the Pediatric Diabetes and Endocrinology Center at the School of Medicine, to the University of Nevada School of Medicine for its residency program and to the Health Division of the Department of Human Resources for distribution to the Fighting Aids in Our Community Today (FACT) organization for expenses related to the provision of certain HIV/AIDS services; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 8 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 9—AN ACT relating to the Nevada National Guard; authorizing the Board of Regents of the University of Nevada to waive the registration fees and other fees for certain members of the Nevada National Guard during the 2003-2005 biennium; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 9 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 10—AN ACT relating to financial practices; providing a penalty for a person who willfully offers into evidence as genuine certain fraudulent records or who willfully destroys or alters certain records under certain circumstances; increasing the penalty for certain securities violations; extending the civil and criminal statutes of limitations for certain securities violations; excluding the performance of certain internal audits pertaining to certain gaming licensees by certain independent accountants; and providing other matters properly relating thereto.


    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 10 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 11—AN ACT relating to health care; revising various provisions relating to subsidies for malpractice insurance of certain providers of prenatal care; establishing the Nevada Office of Rural Health within the University of Nevada School of Medicine to administer matters relating to the delivery of health care services to rural and frontier areas in this state; establishing the Area Health Education Center Program within the University of Nevada School of Medicine to support education and training programs for certain students, residents and practitioners providing health care services in medically underserved areas in this state; establishing the Medical Education Council of Nevada within the University of Nevada School of Medicine to ensure that Nevada has an adequate, well-trained health care workforce to meet the needs of the residents of this state; revising various provisions relating to the administration of the Nevada Health Service Corps; making various changes concerning the use of certain money received by the University of Nevada School of Medicine; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 11 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 12—AN ACT making an appropriation to the Governor for support of the Nevada Commission for National and Community Service; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 12 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading.

    Assembly Bill No. 5.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.


Assemblywoman Buckley:

    Thank you, Mr. Speaker. For the press who are not unusually here, this is what we normally do when we’re not doing exciting issues like taxes. This is the technical correction bill. What this does is resolve the technical inconsistencies in conflicts between bills that are passed. It includes such exciting measures as section 1, amending paragraph (b) of subsection 1 of section 1 of AB 192 by changing the language which indicates the DMV approves the final design of special license plates. The change was made because of the creation of the Commission on Special License Plates contained in AB 358 of the 2003 session. So, I will spare you all and not read the floor explanation of the bill. Instead, I had it copied and delivered to everyone on the floor. It contains nothing but the technical corrections, and I urge your support.

    Roll call on Assembly Bill No. 5:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 5 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

mOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 7 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 7.

    Bill read third time.

    Remarks by Assemblymen Williams, Angle, Anderson, Giunchigliani, Chowning, and Mr. Speaker.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Williams:

    Thank you, Mr. Speaker. This legislation was brought to us during the session from various sources such as the Urban Chamber of Commerce in Las Vegas, but the Clark County government was the main focus behind this bill. They are already trying to do some of these things. This is a Council that is spearheaded by Clark County, and they have been doing good work with this. We think this legislation will encourage other entities within Clark County to also participate. It’s all on a volunteer basis. I urge my colleagues to support it.

    Assemblywoman Angle:

    Thank you, Mr. Speaker. I have just a few questions. It says there is an affect on local government. I wonder what that affect would be? What the monetary affect is? It also says there’s one on the state. I would like to know what that is. Since this is applicable to Clark County, I don’t see the population restriction. Is that in there as well?

Assemblyman Williams:

    Thank you, Mr. Speaker. To you and through you to my colleague from the north. There is no population stipulation in the bill because the bill, even in the summary, stipulates Clark County. This is solely something that is happening in Clark County. The summary of the bill creates the Nevada Commission on Minority Affairs and creates the original Business Development Advisory Council for Clark County. So the Business Council will solely be administered and done in Clark County. Clark County is already doing this particular thing. The cost indicated to your Government Affairs Committee, Mr. Speaker, was a very small amount; something they felt they could do. The other portion of the bill creating the Nevada Commission on Minority Affairs was not in the original bill addressed in the Government Affairs Committee. This was brought to us, I assume, from the Governor’s office. So, I’m not sure if there is any fiscal impact. It says “yes” here, but I’m not sure what that impact would be. The bill brought to us had the Clark County portion, and Clark County said the cost is something they intend to incur. Thank you, Mr. Speaker.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Thank you, Mr. Williams. Ms. Angle, does that answer your question?

    Assemblyman Anderson:

    Thank you, Mr. Speaker. I believe my question is not dissimilar from the concerns raised by my colleague from Washoe County, but after hearing the Chairman of Education’s explanation I’m somewhat comfortable. I just want to reassure myself that the statewide Minority Affairs Commission is not just relegated to Clark County affairs. It is indeed a statewide Council and it’s intent is to make sure statewide issues are addressed, and it’s not subject to just one region of this State.

    Assemblyman Williams:

    Thank you, Mr. Speaker. To you and through you to my colleague from Sparks. I guess one of the pitfalls of serving nine terms is you get what’s called Alzheimer’s, but now I do remember. The costs incurred with the Minority Commission were stated to be the costs if members had to travel from one part of the State to the other. The intent of this Commission is to address statewide “minority” affairs and issues. This is not limited to Clark County. Only the Business Development Council was limited to Clark County. The answer to my colleague from Sparks is “yes,” it will be statewide and it will address issues in communities that wish to participate statewide. Thank you, Mr. Speaker.

     Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. The Chairman of Education addressed it, but I would refer my colleague from Reno to Section 9. The other fiscal impact could have been that the Department of Administration, “…shall provide assistance to the Commission, as the Governor deems appropriate.” However, they may also apply and receive gifts, grants, and contributions to offset those costs. Back to the reference in Section 3, they may be reimbursed for travel but not compensated for actually attending the meetings.

Assemblywoman Chowning:

    Thank you, Mr. Speaker. I also would like to refer members to Section 7, which does indeed spell out that this Commission will study statewide matters affecting social and economic welfare and well being of minorities residing the State. I stand in support of this bill. This Commission will serve a great purpose by studying these matters statewide and by giving recommendations to the Governor of proposed legislation. The members will be serving at no compensation, so if they do ask for reimbursement for their travel, etc., then certainly the fiscal impact would be minimal.

    Roll call on Assembly Bill No. 7:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 7 having received a constitutional majority, Mr.  Speaker declared it passed.

    Bill ordered transmitted to the Senate.


mOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 8 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 8.

    Bill read third time.

    Remarks by Assemblymen Buckley, Mabey, and Giunchigliani.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Mabey:

    Thank you, Mr. Speaker. I have question on Section 1, page 2, number 2, “any balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2003.” So does that mean that all the funds that would go to Section 1 since it’s already July 21 won’t go to those areas? Thank you.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. That would be my understanding of it because the timelines have already come, so that $44,000 will now revert. The second section would still be in place.

    Assemblyman Goldwater:

    Mr. Speaker, thank you. Just for your information, and I’m not sure if it applies here, in ACR 2, the telecommunications study, I was reading the study after we passed it and found a typo. That typo was in the number. It referred to SB 440 and not to SB 400. I emailed our Legislative Counsel Bureau who said it was a typo, and hopefully we can correct it before it gets enrolled. I don’t know if that’s the same story here, Dr. Mabey. It possibly could be. I’ll send that question down right away.

    Assemblywoman Giunchigliani:

    Just to clear that up, my colleague from Assembly District 10 is noting for the record on a bill we have already voted on or that we have coming up and needs to be corrected. It has nothing to do with this piece of legislation and because it does state that any balance of the sum appropriated must not be committed for expenditure after June 30 because we’ve been here this long that money will not be appropriated, now.

Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    We just got a call from Legal. If there are technical corrections, they will make them in enrollment. Further comments and questions on AB 8?

    Roll call on Assembly Bill No. 8:

    Yeas—28.

    Nays—Andonov, Angle, Beers, Carpenter, Christensen, Geddes, Griffin, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, Weber—14.

    Assembly Bill No. 8 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.


mOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 10 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 10.

    Bill read third time.

    Remarks by Assemblymen Goldwater, Angle, and Anderson.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Goldwater:

    Mr. Speaker, thank you. AB 10 is a reprint of what was AB 163, which was a joint effort between the Secretary of State, Dean Heller, and myself, in order to strengthen our State’s securities laws to prevent corporate fraud and abuse. Additionally, it was greatly improved upon by my colleague from Elko who raised the statutory level for fining level people who are white-collar corporate criminals. That was much appreciated and improves the bill greatly. It was voted unanimously in this Assembly and got lost in the Senate in the waning days, so we look forward to your continued support.

    Assemblywoman Angle:

    Thank you, Mr. Speaker. Just a point of clarification, it’s my understanding that the effect of this on the state would be increased penalties. Is that correct or is there something else that I’m missing? Thank you, Mr. Speaker.

Assemblyman Goldwater:

    Mr. Speaker, thank you. To you and through you to my colleague from Washoe County.  The affect on the state is noted on page 2, paragraph 28. We changed this from a Category C felony to a Category B felony and when we make changes to our statutes in the criminal code it has an impact on our prison projections. There are very few of these cases prosecuted and all indications were that this would not have a material affect on our prison system unless we start getting very aggressive. So, there was no testimony to indicate there is not much of an impact on the prisons.

Assemblyman Anderson:

    Thank you, Mr. Speaker. I was going to remind the members of the Judiciary Committee, who heard this bill and increased this particular section, that it did come out of the committee with full support.

    Roll call on Assembly Bill No. 10:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 6:52 p.m.

 

    ASSEMBLY IN SESSION

    At 10:06 p.m.

    Mr. Speaker presiding.

    Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee of the Whole:

    Assembly Bill No. 13—AN ACT relating to governmental financial administration; revising provisions relating to the securities in which local governments may invest; providing for expanded oversight by the State Treasurer concerning the collateral that must be maintained by financial institutions to secure certain deposits of public money made by state and local governmental entities; making various other changes concerning the duties of the State Treasurer; revising the limitation on the total amount of revenue that may be paid to a redevelopment agency in certain smaller municipalities; providing civil penalties; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 13 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 14—AN ACT relating to tobacco; revising the duties and rights of manufacturers and distributors of cigarettes; revising the duties of the Department of Taxation; providing civil and criminal penalties; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 14 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    By the Committee of the Whole:

    Assembly Bill No. 15—AN ACT relating to making appropriations to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada Office of the Nevada Humanities Committee and for the creation of a Nevada Online Encyclopedia; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 15 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 6 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Buckley.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I move that AB 6 be placed on the Chief Clerk’s desk.  We had a number of questions from members in the body. 

    Motion carried.

general file and third reading

    Assembly Bill No. 9.

    Bill read third time.

    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.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 11.

    Bill read third time.

    Roll call on Assembly Bill No. 11:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 11 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 12.

    Bill read third time.

    Roll call on Assembly Bill No. 12:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 12 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 13.

    Bill read third time.

    Roll call on Assembly Bill No. 13:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 13 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 14

    Bill read third time.

    Remarks by Assemblymen Hardy, Ohrenschall, and Mr. Speaker.

    Potential conflict of interest declared by Assemblywoman Ohrenschall.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Hardy:

    Thank you, Mr. Speaker.  Did this used to be AB 460? 

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Yes.

    Assemblyman Hardy:

    If it were AB 460, is there a video arcade and a child care facility and smoking somewhere hidden in here that made it through both houses and just had to do a conference committee to get that approved? 

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    I don’t know the answer to that question.  We will stand at ease and look through the bill for you.

    Assemblyman Hardy:

    Thank you.  I couldn’t find it.  Thank you, Mr. Speaker. 

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 14 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

general file and third reading

    Assembly Bill No. 15.

    Bill read third time.

    Roll call on Assembly Bill No. 15:

    Yeas—35.

    Nays—Angle, Beers, Carpenter, Gustavson, Hettrick, Sherer, Weber—7.

    Assembly Bill No. 15 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 21, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 7.

Mary Jo Mongelli

Assistant Secretary of the Senate

 


INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 7.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 7 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 7.

    Bill read third time.

    Roll call on Senate Bill No. 7:

    Yeas—41.

    Nays—Griffin.

    Senate Bill No. 7 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 10:24 p.m.

    ASSEMBLY IN SESSION

    At 11:22 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 21, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 8.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee of the Whole:

    Assembly Bill No. 16—AN ACT relating to county finances; authorizing the imposition of a fee on certain rental cars in certain larger counties to finance a performing arts center and facility for providing vocational training in culinary skills; authorizing the issuance of revenue bonds for certain of those projects; providing for the collection, distribution and use of the fee; authorizing such a county to revise certain schedules of fees, rates, charges and taxes to ensure the payment of certain revenue bonds of the county; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 16 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Senate Bill No. 8.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 8 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 8.

    Bill read third time.

    Remarks by Assemblymen Marvel, Angle, Arberry, Beers, and Mr. Speaker.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Marvel:

    Thank you, Mr. Speaker. It is with great reluctance that I will probably support SB 8. Particularly since I think there has been a tremendous breakdown in the negotiations we have been discussing all day. What’s most important is we are in a Constitutional crisis. It is possible we could pass this bill without a two-thirds majority, certainly. I think our responsibility as legislators is we must uphold the Constitution. I think it raises too much tax and the appropriations are too high, but if we are going to do the business of the State of Nevada, I reluctantly say I will vote for this bill. Thank you.

Assemblywoman Angle:

    Thank you, Mr. Speaker. Just some points of clarification. I, of course, haven’t had much of a chance to read this bill. In Section 156, is this Committee on Taxation going to be an interim committee or one that will be set up during the regular session? Secondly, as I’m reading this, it’s going to biennialize to more than $900 million a year, $471.9 million each year after the first year of the biennium. Is that right? Also, is it we have total biennium revenue of $836 million for this next biennium but our need is only $810 million? Just some clarification please.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Relative to the Tax Committee, it will be an interim committee. If I recall in the back of the bill, you will find a sunset date for it was well. It’s to follow the taxes during this interim to understand the impact on our state. There might be recommendations for corrections in the next session. Relative to your second question, I don’t know the answer to that. Perhaps Mr. Arberry or staff can answer the question. The questions are, “What is the biennialized number and what is the total levy for this tax bill?”

    Assemblyman Arberry:

    Thank you, Mr. Speaker. To you and through you to my colleague that has posed the questions, $811 million is the budget amount figure.

   


    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Further comments or questions to the bill?

Assemblyman Beers:

    Thank you, Mr. Speaker. $811 million is the budget amount. My understanding is the Senate added an additional liquor tax to the amount of tax to be raised, making it $836 million for the biennium. Annualized it is $943.8 million. Is that correct?

    Assemblyman Arberry:

    Thank you, Mr. Speaker. To you and through you to my colleague, my understanding from staff is the number worked up was $836 million generated in fiscal year 2003, but we are short $17 million in gaming in 2003.

    Roll call on Senate Bill No. 8:

    Yeas—28.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Goicoechea, Grady, Gustavson, Hettrick, Knecht, Mabey, Sherer, Weber—14.

    Senate Bill No. 8 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 11:35 p.m.

ASSEMBLY IN SESSION

    At 11:46 p.m.

    Mr. Speaker presiding.

    Quorum present

    Assemblyman Hettrick rose to a point of order objecting to the passage of Senate Bill No. 8 under Article IV, Section 17 [Nevada Constitution], which does not permit combining of two different topics in one bill. 

    Assemblywoman Angle requested that the following remarks be entered in the Journal. 

    Assemblywoman Buckley:

    Thank you, Mr. Speaker.  I had a couple of comments.  Rule 241 of Mason’s Legislative Manual says that a Point Of Order must be raised before the irregularity or occasion for raising the point of order has been passed.  Additionally, the one subject rule has been clearly ruled upon by the courts and our legal counsel. The general topic is state financial administration, which clearly allows the subject matters in the bill. 

    Mr. Speaker ruled Assemblyman Hettrick’s request was out of order, as Senate Bill No. 8 had already been transmitted to the Senate. 

    Assemblywoman Angle requested that the following remarks be entered in the Journal. 


    Assemblyman Hettrick:

    Thank you, Mr. Speaker.  I regret that I came down and was honest with everybody and said I intended to do a point of order.  The bill was immediately transmitted and a recess was called before I could make my Point of Order, and then you rule me out of order.  I shouldn’t have been so honest.  I regret that I was.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    In response to that Mr. Hettrick, it wasn’t the recess that caused the bill to be transmitted.  We made that blanket motion at the beginning of the Special Session for all bills to be immediately transmitted, so it was not any type of procedural snafu that we were trying to buy some time.  It was merely transmitted upon the vote. 

    Assemblywoman Angle appealed Mr. Speaker’s decision to rule against Mr. Hettrick’s point of order objection to the passage of Senate Bill No. 8.

    Assemblymen Angle, Knecht, and Beers requested a roll call vote on Assemblywoman Angle’s appeal of the decision of the Chair. 

    Roll call on Assemblywoman Angle’s appeal of the decision of the Chair:

    Yeas—25.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—17.

    Mr. Speaker’s decision sustained. 

    Assemblywoman Angle requested that the following remarks be entered in the Journal. 

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    I apologize to the Minority Leader if there was some sense that we were doing something inappropriate.

    Assemblyman Hettrick:

    Thank you, Mr. Speaker.  I want to thank you for allowing us to take the vote and I appreciate it.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 21, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 9, 10.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 9.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 16 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Senate Bill No. 10.

    Assemblywoman Buckley moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 16 considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Assembly Bill No. 16.

    Bill read third time.

    Roll call on Assembly Bill No. 16:

    Yeas—29.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Grady, Gustavson, Hettrick, Knecht, Mabey, Weber—12.

    Not    Voting—Pierce.

    Assembly Bill No. 16 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 9.

    Bill read third time.

    Remarks by Assemblymen Chowning and Angle.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblywoman Chowning:

    Thank you Mr. Speaker. Senate Bill 9, what in the regular session was Senate Bill 355, is an excellent bill that continues the protection on franchisees of motor vehicles for recreational vehicle dealers, and I urge your support.

    Assemblywoman Angle:

    Thank you Mr. Speaker. I, again, would like to ask what the effect on local government and the effect on state government is, since we don’t have a fiscal note here. Could you explain that?

Assemblywoman Chowning:

    Thank you Mr. Speaker. Another wonderful provision of this bill is that if a manufacturer is trying to take away a dealership’s business, and the dealer fights for their rights and wins in court, then this bill says that the Department of Motor Vehicles must, in their hearings, grant those expenses to the dealership. So, there is a duty that the state Department of Motor Vehicles has to perform, which is nothing that they have not had to perform before. They have to do this with automobile dealerships and now they will have to with recreational vehicle dealerships. So the impact is very minimal. It is exactly the same as it was before.

    Roll call on Senate Bill No. 9:

    Yeas—42.

    Nays—None.

    Senate Bill No. 9 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 11:58 p.m.

    ASSEMBLY IN SESSION

    At 12:03 a.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 14 be taken from the Chief Clerk's desk and placed at the top of the General File.

    Motion carried.

    Assemblywoman Buckley moved to suspend Assembly Standing Rule No. 45, pertaining to requests for drafting of bills, resolutions, or amendments.

    Motion carried.

general file and third reading

    Assembly Bill No. 14.

    Bill read third time.

    The following amendment was proposed by the Committee of the Whole:

    Amendment No. 16.

    Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

    “Sec. 24.5.  NRS 202.2491 is hereby amended to read as follows:

    202.2491  1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

    (a) Public elevator.

    (b) Public building.

    (c) Public waiting room, lobby or hallway of any:

        (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

        (2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.

    (d) Hotel or motel when so designated by the operator thereof.

    (e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

    (f) Child care facility.

    (g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

    (h) School bus.

    (i) Video arcade.

    2.  The person in control of an area listed in paragraph (c), (d), (e) [, (f)] or (g) of subsection 1:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:

        (1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

        (2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

    3.  The person in control of a public building:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking. A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

    4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

    5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

    6.  The smoking of tobacco is not prohibited in:

    (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

    (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

    7.  [The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

    8.]  As used in this section:

    (a) “Child care facility” means an establishment [licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.] operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.

    (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

    (c) “Public building” means any building or office space owned or occupied by:

        (1) Any component of the University and Community College System of Nevada and used for any purpose related to the System.

        (2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.

        (3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

    (e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.”.

    Amend sec. 26, page 9, line 25, after “inclusive,” by inserting “24.5”.

    Amend the title of the bill, third line, after “Taxation;” by inserting: “prohibiting smoking in certain video arcades and child care facilities;”.

    Assemblywoman Buckley moved the adoption of the amendment.

    Remarks by Assemblywoman Buckley.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

Assemblywoman Buckley:

    Thank you, Mr. Speaker. This was originally included in the bill and got left out.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 21, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 5, 10.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 8, Amendment No. 14, and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

    Assembly in recess at 12:06 a.m.

    ASSEMBLY IN SESSION

    At 12:07 a.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 14 just returned from the printer, be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 14.

    Bill read third time.

    Remarks by Assemblymen Carpenter, Anderson, and Williams.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

Assemblyman Carpenter:

    Yes, thank you, Mr. Speaker. I have a concern in regard to the childcare facility portion. It’s very hard to find people to take of children these days. As I read this, if you are taking care of five or more children, there can be no smoking at that facility. At the end of this amendment it says, “The term does not include the home of a natural person who provides child care”. I don’t know whether that makes an exception for those people or not. I know people who are taking care of five children, and if you can’t smoke in any part of that home, I think it is going to make it very difficult for some people to find childcare. So, I have a real concern without an explanation. I think things like this should be brought to a full public hearing. They need to know what the consequences of such a bill might be. Thank you, Mr. Speaker.

Assemblyman Anderson:

    Thank you, Mr. Speaker. The concerns of my colleague from Elko County are common. We’ve heard a debate of this particular issue in the past, and when the amendment was presented originally, I raised those concerns and was assured that it would make an exception. I know that this is a particularly burdensome problem in smaller communities, where a family may use their home as a childcare facility during the day and later, when the home is back in use of the family members, when the children are not there, smoking will take place. The use of the statement, “the home of a natural person,” means such homes would be excluded. This bill is referring to a childcare facility that is professional in nature, that is, a freestanding building that has no other purpose. There would be no smoking in those facilities, where the children might be present. But by use of the term, “natural person,” the specifics of that type of home would be excluded.

    Assemblyman Williams:

    Thank you, Mr. Speaker. I think that, also, the city of North Las Vegas is the only city that does not do their own licensing of their childcare facilities. The state does it for them. But in all the other jurisdictions, if you have six or more children, in one jurisdiction it’s five or more, you have to have a license. Those who are not licensed, with a smaller number of children, would not fall under this requirement. But if you are required to have a license you would have to follow that. It would not prevent keeping children in their home, if you have the lesser number.

    Roll call on Assembly Bill No. 14:

    Yeas—41.

    Nays—Carpenter.

    Assembly Bill No. 14 having received a constitutional majority, Mr.  Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REMARKS FROM THE FLOOR

    Assemblywoman Ohrenschall requested her remarks be entered into the Journal.

    Assemblywoman Ohrenschall:

    Mr. Speaker, on the final vote on A.B. 14, I inadvertently pushed the green button instead of the yellow button to abstain.  As you will recall, before the vote, I disclosed a potential conflict of interest and said I would not be voting in order to avoid the appearance impropriety.  My intention was to abstain.  Because the bill was immediately transmitted to the Senate, we cannot correct the vote.  I know that my “yes” vote did not affect the outcome of the bill which passed almost unanimously, 41 –1.  Therefore, I would like this statement included in the journal for this legislative day to make clear my intentions.  Thank you.  

    Assembly in recess at 12:13 a.m.

    ASSEMBLY IN SESSION

    At 12:49 a.m.    

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 22, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 9, 11, 12, 13, 15.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

    Assembly Bill No. 8.

    The following Senate amendment was read:

    Amendment No. 14.

    Amend section 1, page 2, line 2, by deleting “2003,” and inserting “2005,”.

    Amend sec. 4, page 2, by deleting lines 39 through 42 and inserting:

    “Sec. 4.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2003.”

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 8. 

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

general file and third reading

    Senate Bill No. 10.

    Bill read third time.

    Roll call on Senate Bill No. 10:

    Yeas—26.

    Nays—Angle, Beers, Brown, Carpenter, Christensen, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—16.

    Senate Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, July 22, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 7, 16.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 2.

Mary Jo Mongelli

Assistant Secretary of the Senate

REMARKS FROM THE FLOOR

    Assemblyman Anderson:

    Thank you, Mr. Speaker. I wanted to announce to those of you who have been paying attention to this, one of the reasons why I am in trouble is because I am not in Colorado today to welcome my new grandson into the world.  He was born this evening at 6:42, is 7 lbs. 5 oz., 21 inches in length, and named Connor Eric Lindloff.  Even though I don’t get to be there with them, my daughter is doing well and my wife has told me if I don’t get home soon my life will be very, very short, so I hope we can dispatch with this.  There is at least a little Anderson blood that is going to still be in circulation in the world. 

    Assemblyman Knecht

    Mr. Speaker, I move that we adjourn today in memory of Col. Elgin L. Hushbeck, Sr., U.S. Air Force, Retired, who passed from us last Friday.  “Red”, as he was known to all, was a
13-year resident of Carson City and Nevada.  He and his wife, Trudy, were leading citizens and public servants of Carson City and our state. Col. Hushbeck was a member of the “greatest generation,” serving his country in World War II, the Berlin Airlift and the Korean conflict, as well as for a number of years after the war.

    Following his military service, he had a long career in business and public service, and he and Trudy found time for world travel. He was also a degreed electrical engineer. Red and Trudy had four children and numerous grandchildren and great-grandchildren. As his son said at yesterday’s memorial service, Col. Hushbeck’s life was all about the most important things: family, friends and country.

    Col. Hushbeck will be buried tomorrow with full military honors at the Northern Nevada Veteran’s Memorial Cemetery in Fernley. Carson City, Nevada, America and all of us are richer for his life and sad for his passing. We extend our love and comfort to Trudy and the family, and we thank Red for all he gave us.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I would like to take a moment to talk about Ron Mason, who passed away on July 6, 2003. For most of you, who have been around a little while, Ron was a very familiar face in these halls. He was hired originally for Media Services, but we discovered that he was a multi-talented person, and he ended up doing all of the woodworking in the Legislature. If you showed him a picture, he could make it. He had an incredibly diverse background. He was a Vietnam Veteran and a recipient of the Purple Heart. He played college football and was drafted by the New York Jets. He was truly an example of someone with an incredible array of talents, and he ended up at the Legislature, displaying his talents and working for us. He passed away very, very suddenly. I think he was diagnosed with Leukemia on a Friday and passed away by Monday. It was so sad. I have a brochure here from his service that talks about his life, and if you did not meet him, look at the picture and you will know who he was, because he was always around our halls. So, as we wait for our committees, I would like to have a moment of silence in honor of his wife of nineteen years, Michelle, and his children.


    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    I know it’s hard to believe that we have come to the end of this year’s legislative session, or season of sessions, but before we appoint the committees to notify the Governor and the Senate, I want to ask you all to join me in thanking Mark Stevens, particularly, and his staff for the extraordinary work that they have done. I can’t begin to describe their time and effort, and the number crunching that they have done through the night, a hundred million different times on all the different plans that have come on the spur of the moment.  They have really kept the process moving for us. He has an extraordinary staff working for him. We are very proud, very honored, and very thankful to have Mark working for us in this house. As much as all of us have made sacrifices from our families, I know that has happened to him as well. Whether it comes down to the family issues, vacations missed, or all sorts of other things, when we are here, our staff is stuck here working for us. So, please help me thank mark and his staff.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. Order of Business fifteen. I think we all, in our life, have had experiences working for good bosses and for bad bosses, and I think that we would be unanimous in selecting the type of boss that we are. We are awful. We can’t just agree on what we want and ask for it once, we get things drafted again, again, and again. When we leave at night, we say that this is the plan and then by seven in the morning, it’s not the plan. People don’t mind working hard, if they know where they are going. We have never known where we were going this entire session.

    I just wanted to take the opportunity to thank all of our staff. I thank our front desk staff. It is hard enough for us wait around to start a twelve noon floor session at eleven o’clock at night, but for our staff who wait around all day, we thank you very much. For our support staff that has stayed and for all of the folks who have put bill drafts together, we thank you. We also want to give a special thanks to Brenda Erdoes, Jan Needham, Kim Morgan, and Steve Coburn. We are so sorry about what we have put you through. All I can say is that vacation starts tomorrow, or as soon as you can get out. We are truly blessed to have your intellect, your compassion, and your dedication to this process and to us. You are appreciated everyday, and the only thing most of us can’t figure out is how you keep so calm, and how you are so nice to us day after day. We truly appreciate all that you have done for us. We send thanks to all of your staff, because we know that there is a team behind you. Even though they may not have direct contact, one on one, with us, we know how much you depend on them. So, our thanks go to you and all of your staff, and to all of those folks in the building that we don’t see, but who make this place function. Please know that we appreciate everything that you have done for this institution.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    Thank you, Ms. Buckley. One last thank you from me is that I want to thank each and every one of you for having the interest in public service. This citizen’s legislature works for the State of Nevada. It really does work. This has been a long, very difficult session. Many of you have made sacrifices personally and professionally. As we opened this session, there were a lot of folks that came before us. I’m still awed every time I walk into this room for what it means and because of the things that we do here for the people of the State of Nevada. I want to personally thank the Minority Leader and our Democratic team as well. Most especially, I want to thank the Majority Leader, who carried all the heavy timber for me. We make a great team for a whole lot of reasons and there is no way that we could have arrived at this place today without your efforts, and I want to thank you from the bottom of my heart. But to everybody in this room, I thank you for your service. It’s been a pleasure, most of the time. Hopefully, we will remember this somewhat fondly.

    Assemblyman Mortenson:

    Thank you, Mr. Speaker. I just want to relate a little story. When I was a kid of about five years old, I had great aspirations. I didn’t want to become a policeman or fireman, or even the President of the United States. I wanted to become Batman. I had a lot of worries though. I worried that I would become real practical, like my dad did, and just grow up, get a job and raise a family. Guess what happened? I did just that very thing. But I want to say that I have some redemption in my life. I did revert back to those impractical, childish dreams. I became a legislator, and I just want to say that I feel good about it right in my heart.

    Mr. Speaker appointed Assemblymen Buckley, Hettrick, and Oceguera as a committee to wait upon His Excellency, Governor Kenny Guinn, Governor of the State of Nevada, and to inform him that the Assembly was ready to adjourn sine die.

    Mr. Speaker appointed Assemblymen Arberry, Griffin, and Anderson as a committee to wait upon the Senate and to inform that honorable body that the Assembly was ready to adjourn sine die.

    A committee from the Senate, consisting of Senators McGinnis, Tiffany, and Wiener, appeared before the bar of the Assembly and announced that the Senate was ready to adjourn sine die.

    Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was ready to adjourn sine die.

    Assemblyman Arberry reported that his committee had informed the Senate that the Assembly was ready to adjourn sine die.

    Assemblywoman Buckley moved that the Twentieth Special Session of the Assembly of the Legislature of the State of Nevada adjourn sine die.

    Motion carried.

    Assembly adjourned at 1:31 a.m.  

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly

L