THE TWENTY-SEVENTH DAY
Carson City (Monday), July 21, 2003
Senate called to order at 10:07 p.m.
President Hunt presiding.
Roll called.
All present except Senator Shaffer, who was absent.
Prayer by Senator Carlton.
Lord, grant me the serenity to accept the things I cannot change, the courage to change the things I cannot accept and, above all, the wisdom to know the difference.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
MESSAGES FROM THE GOVERNOR
State
of Nevada
Executive
Chamber
Carson
City, Nevada 89701
July 21, 2003
The Honorable Senator
William J. Raggio, Majority Leader, Nevada State Senate
Legislative
Building, Carson City, Nevada 89701
Majority Leader Raggio and Members of the Nevada State Senate:
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: A.B. Nos. 55, 192, 388, 490, 493, 541, 555 and S.B.
Nos. 78, 100, 147, 183, 200, 233 and 250.
Best
wishes in your deliberations.
Sincerely,
Kenny
C. Guinn
Governor
of Nevada
July 21, 2003
The Honorable Senator
William J. Raggio, Majority Leader, Nevada State Senate
Legislative
Building, Carson City, Nevada 89701
Majority Leader Raggio and Members of the Nevada State Senate:
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: A.C.R. No. 19, A.B. Nos. 163 and 460, and
S.B. Nos. 188, 229, 243, 249, 258, 306 and 447.
Best
wishes in your deliberations.
Sincerely,
Kenny
C. Guinn
Governor
of Nevada
INTRODUCTION, FIRST READING
AND REFERENCE
By Senator Raggio and Titus:
Senate Bill No. 7—AN ACT making an appropriation to the Legislative Fund for the costs of the 20th Special Session of the Nevada Legislature; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 7 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 7.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 7:
Yeas—20.
Nays—None.
Absent—Shaffer.
Senate Bill No. 7 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Senate resolve itself into a Committee of the Whole for the purpose of considering bill draft requests.
Motion carried.
IN COMMITTEE OF THE WHOLE
At 10:15 p.m.
Senator Raggio presiding.
Bill draft requests considered.
The Committee of the Whole was addressed by Senator Raggio; Senator Care; Senator Neal; Brenda J. Erdoes, Legislative Counsel; Senator O'Connell; Gary L. Ghiggeri, Senate Fiscal Analyst and Senator Cegavske.
Senator Raggio:
In the Committee of the Whole, we will
discuss BDR 32-49. Everyone should be thoroughly familiar with the contents of
this bill draft. There will be an amendment proposed.
Sections
1-24 deal with the imposition of an excise tax on financial institutions. Are
there any questions on these sections?
Sections
39-63 impose an excise tax on wages paid by employers. The rate is 0.7 percent
of gross wages. The change to 0.65 percent is effective July 1, 2004.
Sections
64-100 deal with the proposed excise tax on live entertainment. It is the
Chair’s understanding that it is in the same form that has been previously
discussed with provisions that relate to establishments with less than a
300-seat capacity and the tax imposed after the 7,500‑seat capacity is
reached is the same as before at 5 percent.
Sections
101-108 are the sections effective October 1, 2003, that repeal the business
license tax.
Sections
120-121 deal with the business license fee and increases the fee from $25 to an
annual business license fee of $100. Section 184 is referenced because that
section imposes a penalty of $100 if a person fails to pay the business license
fee. The penalty is effective July 1, 2004.
Sections 122.1 and 122.2 become effective August 1, 2003, and
concerns the liquor tax. These sections increase the tax on intoxicating
liquors by 50 percent. It is the Chair’s understanding that there is an
amendment proposed for these sections.
Senator Care:
Thank you, I move the
increase in this tax be raised to 75 percent. I do so for the reasons discussed
in previous hearings before the Committee of the Whole as well as the reasons
put forth by the Task Force.
Senator Neal:
I second the motion.
Senator Raggio:
There being no objections
to the motion, the motion passes to amend sections 122.1 and 122.2 to 75
percent. It appears the vote is unanimous.
Sections 122.3-122.5 deal with the cigarette tax effective upon
passage and approval. That would increase the cigarette tax by 45 cents per
pack.
Sections 124-153 deal with the real property transfer tax. The
effective date is October 1, 2003.
Sections 154-160 contain the language and the authorization for
the creation of a Legislative Committee on Taxation, Public Revenue and Tax
Policy. This committee would expire by limitation on June 30, 2005. The
provisions set out the authority and purposes of the committee. Section 161
requires the Legislative Committee to review laws related to exemptions from
State and local taxes as well.
Sections 164.10 through 164.32 deal with State financial
administration converting the disaster relief fund into the disaster relief
account in the Fund to Stabilize the Operation of State Government. Section
164.38 contains the language to make uniform throughout the State a $25 fee
for checks returned for insufficient funds or because payment on the check was
stopped.
Sections 164.50 through 189.66 include all of the provisions in
the earlier bills passed dealing with the Distributive School Account (DSA) and
the class-size portion of the DSA. This is the exact language contained in the
bills we previously passed in the Senate.
Sections 166-169 contain the technical corrections necessary to
repeal the business license tax and impose the state tax on transfers of real
property and the tax on live entertainment.
Sections 169.5-170 and 173.5 deal with gaming license fees with a
0.5-percent increase effective August 1, 2003.
Sections 171 and 172 are the sections dealing with the casino
entertainment tax. This becomes effective on September 1, 2003, and eliminates
some of the exemptions from the live entertainment taxes. It pertains to the
casino entertainment tax.
Are there any questions on the technical amendments in sections
173 through 185?
Sections 185.1, 185.3, 185.5, 185.7 and 185.9 deal with
appropriations. These are self-explanatory with section 185.9 eliminating the
appropriation of $30 million for the rainy-day fund and adding that amount to a
trigger-contingent appropriation to be made to the fund. In section 185.1, it
reduces the appropriation for the Nevada Medicaid and Temporary Assistance to
Needy Families, (TANF). There is a provision in section 185.3 to authorize the
Division of Health Care Financing and Policy and the Welfare Division to
request additional money if needed for those purposes for TANF.
Section 186 deals with certain repeals, the optional tax on the
transfer of real property, the business license tax and the casino
entertainment tax.
Section 187 through 193 are the transitory provisions, a term used
by the Legislative Counsel when it is difficult for us to understand what it
says. In section 189, there is an appropriation for $100,000 to the Interim
Finance Committee for the allocation provided for the Legislative Committee on
Taxation, Public Revenue and Tax Policy.
Senator Neal:
Mr. Chairman, I would like
to know what the repeal is as it relates to the casino entertainment tax.
Senator Raggio:
That is in section 186 dealing with the repeal of the casino
entertainment tax
Brenda J. Erdoes (Legislative Counsel):
After the live entertainment tax becomes effective on January 1,
2004, the casino entertainment tax, that was previously in chapter 463 of NRS,
is repealed. The casino entertainment tax then becomes effective, again, on the
date it is repealed, under the new live-entertainment-tax chapter of NRS.
Senator O'Connell:
The Assembly discussed the money that was to go into the
rainy-day fund and a provision that alternated or triggered money that was to
go into the expected deficit. Is that language in this BDR? Does the money go
to the rainy-day fund first and then to the deficit or the other way around?
Senator Raggio:
Is that in section 188?
Gary L. Ghiggeri (Senate Fiscal Analyst):
Yes, that is in section 188. It does go to the rainy-day fund
first. After the rainy-day fund reaches its limit, the funding is applied to
non-recurring revenue.
Senator Raggio:
It goes to the rainy-day fund in what order of priority?
Mr. Ghiggeri:
At first, it goes to cover non-recurring expenses, then it goes
to the rainy-day fund and then any excess goes to the fund for tax
accountability.
Senator O'Connell:
I will abstain from the vote on both the bill and the amendment
we are now considering.
Senator Cegavske:
Thank you, Mr. Chairman. I have a question about the quarterly
excise tax assessed at a rate of $1,750 for each branch office. Is that a
quarterly payment to be made so that they will pay $1,750 four times a year?
What is the total amount that brings in?
Senator Raggio:
Are you referring to section 10.5? The first branch office is
exempt and after the first, the tax applies to each additional branch office.
Mr. Ghiggeri:
Under the line “Excise tax on banks,” that is estimated to
generate $1.3 million in fiscal year 2004 and $2.6 million in 2005.
Senator Nolan moved to introduce and amend BDR 32-49 by increasing the liquor tax and do pass BDR 32-49.
Senator Rawson seconded the motion.
Motion carried.
Senator O'Connell abstained from the vote.
On the motion of Senator Rawson, the committee did rise and report back to the Senate.
SENATE IN SESSION
At 10:43 p.m.
President Hunt presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee of the Whole:
Senate Bill No. 8—AN ACT relating to state financial administration; providing for the imposition and administration of certain excise taxes on financial institutions; providing for the imposition and administration of an excise tax on employers based on wages paid to their employees; replacing the casino entertainment tax with a tax on all live entertainment; eliminating the tax imposed on the privilege of conducting business in this state; revising the taxes on liquor and cigarettes; imposing a state tax on the transfer of real property and revising the provisions governing the existing tax; revising the fees charged for certain gaming licenses; establishing the Legislative Committee on Taxation, Public Revenue and Tax Policy; requiring the Legislative Auditor to conduct performance audits of certain school districts; requiring the Department of Education to prescribe a minimum amount of money that each school district must expend each year for textbooks, instructional supplies and instructional hardware; revising provisions governing the purchase of retirement credit for certain educational personnel; apportioning the State Distributive School Account in the State General Fund for the 2003-2005 biennium; making appropriations to the State Distributive School Account for purposes relating to class-size reduction; making various other changes relating to state financial administration; authorizing certain expenditures; making an additional appropriation; providing penalties; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee of the Whole, to which was referred Senate Bill No. 8, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
GENERAL FILE AND THIRD READING
Senate Bill No. 8.
Bill read third time.
The following amendment was proposed by the Committee of the Whole:
Amendment No. 15.
Amend sec. 122.1, page 48, line 2, by deleting “$2.93” and inserting “$3.45”.
Amend sec. 122.2, page 48, line 10, by deleting “$3.08” and inserting “$3.60”.
Amend sec. 122.2, page 48, line 12, by deleting “$1.13” and inserting “$1.30”.
Amend sec. 122.2, page 48, line 15, by deleting “60” and inserting “70”.
Amend sec. 122.2, page 48, line 18, by deleting “14” and inserting “16”.
Senator Raggio moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, July 20, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly amended, and on
this day passed, as amended, Senate Bill No. 5, Amendment No. 12, and
respectfully requests your honorable body to concur in said amendment.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
Assembly
Chamber, Carson
City, July 21, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bills Nos. 5, 7, 8, 10.
Also,
I have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 2.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 2.
Senator Raggio moved that the resolution be placed on the third agenda.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 5.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 5 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 7.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 7 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 8.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 8 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 10.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 10 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 10:48 p.m.
SENATE IN SESSION
At 10:56 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 8.
Bill read third time.
Remarks by Senator Neal.
Roll call on Senate Bill No. 8:
Yeas—17.
Nays—Cegavske, Tiffany—2.
Not Voting—O'Connell.
Absent—Shaffer.
Senate Bill No. 8 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
(See Nevada Supreme Court case Hon. Kenny C. Guinn, Governor of the State of Nevada, v. The Legislature of the State of Nevada, Case No. 41679, July 10, 2003.)
(See United State District Court, District of Nevada, Hon. Sharron E. Angle, et al., v. Legislature of State of Nevada, Case No. CV‑N‑03‑0371, D. Nev. July 18, 2003, en banc.)
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 10:58 p.m.
SENATE IN SESSION
At 11:28 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE GOVERNOR
State
of Nevada
Executive
Chamber
Carson
City, Nevada 89701
July 21, 2003
The Honorable Senator
William J. Raggio, Majority Leader, Nevada State Senate
Legislative
Building, Carson City, Nevada 89701
Majority Leader
Raggio and Members of the Nevada State Senate:
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: A.B.
Nos. 271 and 554, and S.B. Nos. 355, 357 and 505.
Best wishes
in your deliberations.
Sincerely,
Kenny
C. Guinn
Governor
of Nevada
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee of the Whole:
Senate Bill No. 9—AN ACT relating to vehicles; extending under certain circumstances the coverage of provisions relating to franchises for motor vehicles to include recreational vehicles designed to be mounted upon or drawn by a motor vehicle; revising the provision regarding the compensation owed to a dealer upon the termination or discontinuance of a franchise; requiring the Director of the Department of Motor Vehicles under certain circumstances to award attorney’s fees and costs to dealers; providing a penalty; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 9 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
By the Committee of the Whole:
Senate Bill No. 10—AN ACT making conditional appropriations to the National Judicial College and the Louis W. McHardy National College of Juvenile and Family Justice; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 9 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:31 a.m.
SENATE IN SESSION
At 11:37 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 9.
Bill read third time.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 9:
Yeas—19.
Nays—None.
Not Voting—Raggio.
Absent—Shaffer.
Senate Bill No. 9 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 10.
Bill read third time.
Roll call on Senate Bill No. 10:
Yeas—17.
Nays—Cegavske, O'Connell, Tiffany—3.
Absent—Shaffer.
Senate Bill No. 10 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 8 be considered at this time.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 8.
Bill read third time.
The following amendment was proposed by Senator Rawson:
Amendment No. 14.
Amend sec. 4, page 2, by deleting lines 39 through 41 and inserting:
“Sec. 4. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval and applies retroactively from and after June 30, 2003.
3. Sections 2 and 3 of this act become effective upon passage.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 5.
Bill read third time.
Roll call on Assembly Bill No. 5:
Yeas—20.
Nays—None.
Absent—Shaffer.
Assembly Bill No. 5 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
(See Nevada Supreme Court case Hon. Kenny C. Guinn, Governor of the State of Nevada, v. The Legislature of the State of Nevada, Case No. 41679, July 10, 2003.)
(See United State District Court, District
of Nevada, Hon. Sharron E. Angle, et al., v. Legislature of State of
Nevada, Case No. CV‑N‑03‑0371, D. Nev. July 18,
2003, en banc.)
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 7 be placed at the bottom of the General File.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 8.
Bill read third time.
Roll call on Assembly Bill No. 8:
Yeas—19.
Nays—O'Connell.
Absent—Shaffer.
Assembly Bill No. 8 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 10.
Bill read third time.
Roll call on Assembly Bill No. 10:
Yeas—20.
Nays—None.
Absent—Shaffer.
Assembly Bill No. 10 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
(See Nevada Supreme Court case Hon. Kenny C. Guinn, Governor of the State of Nevada, v. The Legislature of the State of Nevada, Case No. 41679, July 10, 2003.)
(See United State District Court, District of Nevada, Hon. Sharron E. Angle, et al., v. Legislature of State of Nevada, Case No. CV‑N‑03‑0371, D. Nev. July 18, 2003, en banc.)
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:46 p.m.
SENATE IN SESSION
At 11:59 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, July 21, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bills Nos. 9, 11, 12, 13, 15; Senate Bills Nos. 7, 8.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 9.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 9 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 11.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 11 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 12.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 12 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 13.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 13 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Assembly Bill No. 15.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 15 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Assembly Bill No. 9.
Bill read third time.
Roll call on Assembly Bill No. 9:
Yeas—20.
Nays—None.
Absent—Shaffer.
Assembly Bill No. 9 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 11.
Bill read third time.
Roll call on Assembly Bill No. 11:
Yeas—20.
Nays—None.
Absent—Shaffer.
Assembly Bill No. 11 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 12.
Bill read third time.
Roll call on Assembly Bill No. 12:
Yeas—19.
Nays—O'Connell.
Absent—Shaffer.
Assembly Bill No. 12 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 13.
Bill read third time.
Remarks by Senator Amodei.
Senator Amodei requested that his remarks be entered in the Journal.
The
Public Employees' Retirement System (PERS) requests the following statement be
read into the record to clarify legislative intent: This bill is not intended
to include funds managed by the PERS as an independent trust fund with separate
authority to select collateral for funds deposited in financial institutions.
Roll call on Assembly Bill No. 13:
Yeas—19.
Nays—Neal.
Absent—Shaffer.
Assembly Bill No. 13 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
(See Nevada Supreme Court case Hon. Kenny C. Guinn, Governor of the State of Nevada, v. The Legislature of the State of Nevada, Case No. 41679, July 10, 2003.)
(See United State District Court, District of Nevada, Hon. Sharron E. Angle, et al., v. Legislature of State of Nevada, Case No. CV‑N‑03‑0371, D. Nev. July 18, 2003, en banc.)
Assembly Bill No. 15.
Bill read third time.
Roll call on Assembly Bill No. 15:
Yeas—19.
Nays—O'Connell.
Absent—Shaffer.
Assembly Bill No. 15 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:05 a.m.
SENATE IN SESSION
At 12:34 a.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 2.
Resolution read.
Senator Raggio moved the adoption of the resolution.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
GENERAL FILE AND THIRD READING
Assembly Bill No. 7.
Bill read third time.
Roll call on Assembly Bill No. 7:
Yeas—20.
Nays—None.
Absent—Shaffer.
Assembly Bill No. 7 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, July 22, 2003
To the
Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 16; Senate Bill No. 9.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bill No. 14.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 14.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 14 declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried unanimously.
Assembly Bill No. 16.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Bill No. 16 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senators O'Connell and Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Assembly Bill No. 14.
Bill read third time.
Remarks by Senators Mathews, Raggio, Townsend and Amodei.
Roll call on Assembly Bill No. 14:
Yeas—10.
Nays—Amodei, Care, Cegavske, Mathews, McGinness,
O'Connell, Rhoads, Schneider, Tiffany, Washington—10.
Absent—Shaffer.
Assembly Bill No. 14 having failed to receive a constitutional majority, Madam President declared it lost.
Assembly Bill No. 16.
Bill read third time.
Roll call on Assembly Bill No. 16:
Yeas—13.
Nays—Amodei, Cegavske, Hardy, Nolan, O'Connell, Tiffany,
Washington—7.
Absent—Shaffer.
Assembly Bill No. 16 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
remarks
from the floor
Senator Townsend requested that his remarks be entered in the Journal.
Thank
you, Madam President. With regard to Senate Bill No. 8, section 77 reads: the
department shall provide by regulation for a more detailed definition of “live
entertainment” consistent with the general definition set forth in section 73
of this act for use by the board and the department in determining whether an
activity is a taxable activity under the provisions of this chapter.
It is a generic version and in order to help the department to
understand better that there is no intent by the crafters or this body that
this would do anything other than continue to capture the revenue that they do.
Those events currently defined by the board and the department as taxable
events under this will continue to do so.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:47 a.m.
SENATE IN SESSION
At 1:11 a.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, July 22, 2003
To the
Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 10.
Also,
I have the honor to inform your honorable body that the Assembly on this day
concurred in the Senate Amendment No. 14 to Assembly Bill No. 8.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved to rescind the action whereby Assembly Bill No. 14 was lost.
Remarks by Senator Rawson.
Senators Neal, Titus and Wiener requested a roll call vote on Senator Rawson's motion.
Roll call on Senator Rawson's motion:
Yeas—9.
Nays—Amodei, Care, Carlton, Cegavske, Neal, O'Connell,
Schneider, Tiffany, Titus, Washington, Wiener—11.
Absent—Shaffer.
The motion having failed to receive a majority, Madam President declared it lost.
Madam President appointed Senators McGinness, Tiffany and Wiener as a committee to wait upon the Assembly and to inform that honorable body that the Senate is ready to adjourn sine die.
Madam President appointed Senators Amodei, Carlton and Nolan as a committee to wait upon His Excellency, Kenny Guinn, Governor of the State of Nevada, and to inform him that the Senate is ready to adjourn sine die.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:18 p.m.
SENATE IN SESSION
At 1:27 a.m.
President Hunt presiding.
Quorum present.
A committee from the Assembly, consisting of Assemblymen Arberry, Griffin and Anderson appeared before the bar of the Senate and announced that the Assembly is ready to adjourn sine die.
Senator McGinness reported that his committee had informed the Assembly that the Senate is ready to adjourn sine die.
Senator Amodei reported that his committee had informed the Governor that the Senate is ready to adjourn sine die.
Senator William J. Raggio moved that the Twentieth Special Session of the Senate of the Legislature of the State of Nevada adjourn sine die.
Motion carried
Senate adjourned sine die at 1:32 a.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate