THE NINETY-SECOND DAY
Carson City (Monday), May 7, 2001
Assembly called to order at 11:19 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Carpenter, who was excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
Hear, O God, the earnest supplications of the members of this body, gathered for this sacred moment of prayer and deepen our feelings of unity and fellowship as we pray with them and for them. Give us wisdom to see that no good life comes without right discipline. Give us the grace to impose it upon ourselves, lest others do it for us. Help us to discipline our speech, that we may seek clarity rather than cleverness and sincerity instead of sarcasm. Help us to discipline our thinking and our actions that in this place people may see democracy at its best and us at our best for democracy. May You use us to these ends.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 237, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 4, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 30, 134, 149, 152.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 1, Amendment No. 574, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 28, 29, 30.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 421.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 421.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 569.
Bill read second time and ordered to third reading.
Assembly Bill No. 662.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 204 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman de Braga moved that Assembly Bill No. 199 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman de Braga.
Motion carried.
Assemblywoman Chowning moved that Senate Bill No. 77 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Williams moved that Senate Bill No. 113 be taken from the Chief Clerk’s desk and re-referred to the Committee on Education.
Remarks by Assemblyman Williams.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 15.
Bill read second time and ordered to third reading.
Senate Bill No. 32.
Bill read second time and ordered to third reading.
Senate Bill No. 36.
Assemblyman Anderson moved that Senate Bill No. 36 be taken from the Second Reading File and placed at the bottom of the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
Senate Bill No. 114.
Bill read second time and ordered to third reading.
Senate Bill No. 248.
Bill read second time and ordered to third reading.
Senate Bill No. 264.
Bill read second time and ordered to third reading.
Senate Bill No. 323.
Bill read second time and ordered to third reading.
Senate Bill No. 374.
Bill read second time and ordered to third reading.
Senate Bill No. 409.
Bill read second time and ordered to third reading.
Senate Bill No. 414.
Bill read second time and ordered to third reading.
Senate Bill No. 501.
Bill read second time and ordered to third reading.
Senate Bill No. 525.
Bill read second time and ordered to third reading.
Senate Bill No. 36.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 597.
Amend sec. 4, page 3, line 22, by deleting “subsection,” and inserting “[subsection,] section,”.
Amend sec. 4, page 3, by deleting lines 24 through 27 and inserting:
“2. The money in the account may be used for any”.
Amend sec. 4, page 3, by deleting lines 37 through 39 and inserting:
“(d) Seventy percent of the amount of money in excess of $100,000 remaining in the account at the end of each fiscal year, as determined based upon the accounting standards of the governing body controlling the law enforcement agency that are in place on March 1, 2001, must be distributed to”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Notice Of Waiver
A Waiver requested by: Assembly Select Committee on Energy.
For: Assembly Bill No. 661.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following Conditions:
May only be passed out of final committee of house of origin on or before May 10, 2001.
May only be passed out of house of origin on or before May 16, 2001.
May only be passed out of final committee of second house on or before May 26, 2001.
May only be passed out of second house on or before May 31, 2001.
Has been granted effective: May 4, 2001.
William J. Raggio Richard D. Perkins
general file and third reading
Assembly Bill No. 15.
Bill read third time.
Remarks by Assemblyman Koivisto.
Roll call on Assembly Bill No. 15:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 15 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 291.
Bill read third time.
Remarks by Assemblymen Claborn and Anderson.
Assemblyman Anderson moved that Assembly Bill No. 291 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Anderson.
Motion lost.
Roll call on Assembly Bill No. 291:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 291 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 74.
Bill read third time.
Remarks by Assemblywomen Tiffany and Freeman.
Roll call on Senate Bill No. 74:
Yeas—41.
Nays—None.
Excused—Carpenter.
Senate Bill No. 74 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 155.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Senate Bill No. 155:
Yeas—41.
Nays—None.
Excused—Carpenter.
Senate Bill No. 155 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 11:52 a.m.
ASSEMBLY IN SESSION
At 11:53 a.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Senate Bill No. 159.
Bill read third time.
Remarks by Assemblymen de Braga, Gibbons and Von Tobel.
Roll call on Senate Bill No. 159:
Yeas—40.
Nays—None.
Excused—Angle, Carpenter—2.
Senate Bill No. 159 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 161.
Bill read third time.
Remarks by Assemblyman Brown.
Roll call on Senate Bill No. 161:
Yeas—40.
Nays—None.
Excused—Angle, Carpenter—2.
Senate Bill No. 161 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 304.
Bill read third time.
Remarks by Assemblywoman Gibbons.
Roll call on Senate Bill No. 304:
Yeas—40.
Nays—None.
Excused—Angle, Carpenter—2.
Senate Bill No. 304 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 7, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 37.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 37.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblymen Anderson, Gibbons and Smith.
Resolution adopted unanimously.
general file and third reading
Senate Bill No. 318.
Bill read third time.
Remarks by Assemblywomen Parnell, Chowning and Koivisto.
Roll call on Senate Bill No. 318:
Yeas—41.
Nays—None.
Excused—Carpenter.
Senate Bill No. 318 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 350.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 350:
Yeas—40.
Nays—Anderson.
Excused—Carpenter.
Senate Bill No. 350 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 373.
Bill read third time.
Remarks by Assemblymen Dini and Collins.
Roll call on Senate Bill No. 373:
Yeas—40.
Nays—Collins.
Excused—Carpenter.
Senate Bill No. 373 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 7, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 38.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 38.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini, Ohrenschall, Anderson, Chowning, Gibbons, Hettrick, Goldwater, Perkins, Cegavske and Price.
Resolution adopted unanimously.
general file and third reading
Senate Bill No. 470.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 470:
Yeas—40.
Nays—None.
Not Voting—Goldwater.
Excused—Carpenter.
Senate Bill No. 470 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 512.
Bill read third time.
Remarks by Assemblymen Dini and Beers.
Potential conflict of interest declared by Assemblyman Beers.
Roll call on Senate Bill No. 512:
Yeas—41.
Nays—None.
Excused—Carpenter.
Senate Bill No. 512 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 2.
Resolution read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Joint Resolution No. 2:
Yeas—33.
Nays—Buckley, Freeman, Goldwater, Koivisto, Leslie, Parnell, Perkins, Smith—8.
Excused—Carpenter.
Senate Joint Resolution No. 2 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 77.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 667.
Amend sec. 5, page 5, by deleting line 4 and inserting:
“the district attorney of Carson City or Douglas, Lyon, Storey or Washoe County, or any”.
Amend sec. 5, page 5, line 7, by deleting “such” and inserting “those”.
Amend sec. 5, page 5, by deleting line 9 and inserting:
“treasurer of Carson City or Douglas, Lyon, Storey or Washoe County to create a fund for”.
Amend sec. 5, page 5, line 13, by deleting “such” and inserting “those”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
REMARKS FROM THE FLOOR
Assemblywoman Berman requested that the following remarks be entered in the Journal.
Assemblyman Humke:
Thank you, Mr. Speaker pro Tempore. It is my pleasure today to announce there is a young lady in our presence who has become an adult on this date. She is Lindsey Nunn, the intern of Ms. Gibbons, and she is 21 today. Instead of going out to sample some of the things 21-year-olds can in our society, she has decided to spend the day here, with you, Mr. Speaker pro Tempore. She is excited about her day and there is a cake in the kitchen she would like to share with everyone. Please congratulate Lindsey on her birthday.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I just have to rise in recognition of Lindsey Nunn. I am turning this way so that she can read my lips, and I have to tell you she is pretty good, she can also read your lips a lot of the time. I want to wish her a very happy birthday. She is my hero. I went to Swope Middle School the other night and her sister was the main speaker. She talked about commitment and how people can affect your life and make a difference. She had us all in tears because she talked about the person who had made such a big difference in her life, her older sister, Lindsey Nunn. Lindsey has had unbelievable challenges in her life; she was born with no hearing. It is hard to imagine how it would be, never to hear music, never to hear the voice of your mother. Her mother said, “It took a long time for her to learn to talk, but now we can’t shut her up.” Lindsay is not with the usual intern program, but has come here at her own expense because she is very committed to good government. I hope someday she will take up the cause and run for public office because I do believe she would be a wonderful public servant. In spite of the obstacles in her life, Lindsey has done great things. We are very happy to have her here.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Sharon Johansson, Nils R. Johansson, Patricia A. McQuattie, Thomas T. McQuattie and Christopher T. McQuattie.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Pamm Ault, Carolyn Grant, Jennifer Wells, Shaylee Wells, Weslee Wells and Johnn Wells.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to John Smith, Sean Smith and Steve Smith.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Christy Sawyer and Jerri Strasser.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Lindsey Nunn.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Shirley Hughes.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Gray.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Avilla, Jan Pratt, Pam Tams, Barbara Thompson, Adam Avilla, Ryan Carlile, J.P. Inversin, Bo-Young Park, Mark Palmer, Ryan Thran, Alex York, Naomi Adams, Boshanna Elwing, Zach Tams, Jason Smith, Bill Sherman, Kyle Hodgkins, Joe Paschall, Josh Thompason, Crystal Rider, Brianna Johnson, Eun-Young Kim, Steve Lakin, Dave Timko, Heather Miller, Natalie Zumwalt, Patrick Hatchkiss, Paul Pedroza, Molly Parks, Lia Lucchesi, Chris Friederich, Hye-Ryun Kim and Nick Timko.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, May 8, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:56 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon