THE THIRTIETH DAY
Carson City (Tuesday), March 4, 2003
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Ohrenschall, who was excused.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, May we take a moment this morning to reflect upon Your goodness and blessings in our lives. May we never take You or what flows from Your hand for granted. As Your word says in the book of Psalms: “We give thanks to You, O God, we give thanks! For Your wondrous works declare that Your name is near.” So we do give You thanks and ask for Your grace and wisdom, to guide in the discussions and decisions made in this Body. Bless each of this Assembly, their families, and staff. We pray also for safety and effectiveness for all who serve this nation in the military. In the Name of the Most High God I pray.
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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Health
and Human Services, to which was referred Assembly Bill
No. 201, has had the same under consideration, and begs leave to report the
same back with the recommendation: Do pass.
Also, your Committee on
Health and Human Services, to which was referred Senate Bill
No. 32, has had the same under consideration, and begs leave to report the same
back with the recommendation: Do pass.
Ellen Koivisto, Chairman
Mr. Speaker:
Your Committee on
Judiciary, to which was referred Assembly Bill No. 53, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 82, 90, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Tom Collins, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Collins moved that Assembly Bill No. 4 be re-referred to the Committee on Ways and Means.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 3, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day adopted
Assembly Concurrent Resolution No. 5.
|
Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Buckley, Giunchigliani, Parks, Goldwater, Conklin, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Chowning, Christensen, Claborn, Collins, Geddes, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, Sherer, Weber, and Williams:
Assembly Joint Resolution No. 3—Urging the Congress of the United States to amend the Social Security Act by repealing certain provisions that require reductions in the amount of social security benefits paid to persons who also receive certain federal, state or local government pensions.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Oceguera, Gibbons, Chowning, Claborn, Andonov, Arberry, Atkinson, Beers, Brown, Carpenter, Christensen, Conklin, Geddes, Goicoechea, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, McClain, Mortenson, Parks, Pierce, and Sherer:
Assembly Bill No. 226—AN ACT relating to safety belts; requiring drivers and certain passengers of taxicabs and limousines to wear safety belts; prohibiting certain younger passengers from riding in the front seat of a taxicab or limousine; requiring signs within taxicabs and limousines informing passengers of the requirement to wear safety belts; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblywoman Leslie:
Assembly Bill No. 227—AN ACT relating to schools; requiring boards of trustees of school districts to pay increased salaries to certain school psychologists who hold national certification recognized by the Commission on Professional Standards in Education; requiring related information to be included in the annual budget report of each school district; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 228—AN ACT relating to health care; requiring certain major hospitals that are designated as centers for the treatment of trauma to reduce or discount the total billed charge to an inpatient who has insurance that does not have an agreement with the major hospital for the reduction or discount of the total billed charge but does provide coverage to the inpatient for a portion of the total billed charge; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Goicoechea, Sherer, Carpenter, Christensen, Collins, Conklin, Geddes, Grady, Griffin, Hardy, McCleary, and Weber:
Assembly Bill No. 229—AN ACT relating to water; increasing the amount of the tax that a county of origin may impose on certain transfers of water; and providing other matters properly relating thereto.
Assemblyman Goicoechea moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:19 a.m.
ASSEMBLY IN SESSION
At 11:20 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Goicoechea withdrew the motion that Assembly
Bill
No. 229 be referred to the Committee on Natural Resources, Agriculture, and
Mining.
Assemblyman Goicoechea moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblywoman Buckley:
Assembly Bill No. 230—AN ACT relating to mobile home parks; requiring certain membership on the board of directors of parks operated by nonprofit organizations; removing the requirement that certain parks provide individual meters for the water service provided to tenants; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 231—AN ACT relating to podiatry; authorizing the State Board of Podiatry to issue a limited license to practice podiatry to certain persons who have practiced podiatry in another state or the District of Columbia under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Conklin, Atkinson, Horne, Perkins, Buckley, Anderson, Andonov, Angle, Arberry, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Pierce, Sherer, Weber and Williams; Senators Titus, Amodei, Rawson, Neal, Carlton, and Hardy:
Assembly Bill No. 232—AN ACT relating to telephone solicitation; requiring the establishment of a registry of certain telephone numbers; requiring the publication of a list of certain telephone numbers, prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Conklin moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 40.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 17.
Amend section 1, page 1, by deleting lines 5, 6 and 7 and inserting: “within the applicable period of limitations is dismissed because the court lacked jurisdiction over the subject matter of the action, the action may be recommenced in the court having jurisdiction within:”.
Amend section 1, page 1, line 9 by deleting “Six months” and inserting “Ninety days”.
Amend section 1, page 1, line
13, after “3.” by inserting: “An action may not be recommenced
pursuant to paragraph (b) of subsection 1 more than
5 years after the date on which the original action was commenced.
4.”.
Amend the title of the bill by deleting the third line and inserting: “dismissed because the court lacked jurisdiction over the subject matter of the action under certain circumstances; and”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 42.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 18.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 484.3665 is hereby amended to read as follows:
484.3665 1. Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.
2. Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.”.
Amend the title of the bill, fifth line, after “persons;” by inserting: “authorizing portable signs designating a school zone to be placed on a roadway during certain hours;”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:25 a.m.
ASSEMBLY IN SESSION
At 11:31 a.m.
Mr. Speaker presiding.
Quorum present.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 73.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 16.
Amend the bill as a whole by deleting sections 2 through 5 and renumbering sec. 6 as sec. 2.
Amend sec. 6, page 8, line
25, by deleting: “[65] 60 years of age or older” and inserting: “[65
years of age or] an older person”.
Amend sec. 6, page 8, by deleting line 33 and inserting:
“(a) [Sixty five years of
age or older;] An older person; or”.
Amend sec. 6, page 8, by deleting line 37 and inserting:
“4. As used in this section [,
“mentally] :
(a) “Mentally disabled person” means a”.
Amend sec. 6, page 8, line
42, by deleting “(a)” and inserting “[(a)] (1)”.
Amend sec. 6, page 8, line
43, by deleting “(b)” and inserting “[(b)] (2)”.
Amend sec. 6, page 8, line
44, by deleting “(c)” and inserting “[(c)] (3)”.
Amend sec. 6, page 9, line 1,
by deleting “(d)” and inserting “[(d)] (4)”.
Amend sec. 6, page 9, between lines 3 and 4 by inserting:
“(b) “Older person” means a person who is:
(1) Sixty-five years of age or older if the crime was committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed on or after October 1, 2003.”.
Amend the bill as a whole by renumbering sections 7 and 8 as sections 3 and 4.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; reducing the age of a victim that is used as the threshold for determining the applicability of certain crimes against older persons; providing a penalty; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 73 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted,
engrossed, and to the Committee on
Ways and Means.
general file and third reading
Assembly Bill No. 94.
Bill read third time.
Remarks by Assemblyman Mabey.
Roll call on Assembly Bill No. 94:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 94 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 101.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 101:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 101 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 127.
Bill read third time.
Remarks by Assemblymen Beers, Angle, and Giunchigliani.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Roll call on Assembly Bill No. 127:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 127 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 137.
Bill read third time.
Remarks by Assemblywoman Weber.
Roll call on Assembly Bill No. 137:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 137 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 233—AN ACT relating to elections; authorizing a governing body of a city incorporated pursuant to general law to adopt an ordinance requiring that primary city elections and general city elections be held on the same dates as those established for statewide primary elections and general elections; and providing other matters properly relating thereto.
Assemblyman Conklin moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Manendo, Williams, Koivisto, Chowning, Parks, Anderson, Angle, Arberry, Atkinson, Buckley, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Knecht, Leslie, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, and Weber:
Assembly Bill No. 234—AN ACT relating to education; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 235—AN ACT relating to elections; providing a Voters’ Bill of Rights; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Buckley, Perkins, Goldwater, Koivisto, Gibbons, Angle, Arberry, Atkinson, Beers, Carpenter, Chowning, Claborn, Collins, Geddes, Giunchigliani, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Pierce, and Weber:
Assembly Bill No. 236—AN ACT relating to the Office for Consumer Health Assistance; requiring the Office to assist consumers in gaining information regarding certain prescription drug programs; authorizing the Office to accept gifts, grants and donations to support this service; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
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 11:51 a.m.
ASSEMBLY IN SESSION
At 11:52 a.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 38; Assembly Concurrent Resolution No. 4; Senate Bill No. 11.
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 Joshua Vargas.
On request of Assemblyman Andonov, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Maxim.
On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to Ashley Devolld.
On request of Assemblyman
Beers, the privilege of the floor of the Assembly Chamber for this day was
extended to Emily Hum and
Alani Folau.
On request of
Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for
this day was extended to Suzan Rios and
Catherine Serrano.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Amanda Gurries.
On request of Assemblyman Conklin, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle Bateson.
On request of Assemblyman
Geddes, the privilege of the floor of the Assembly Chamber for this day was
extended to Gary Glogovac,
Brandon Cassinelli, Jennifer Cheek, Diane Johnson, Keith Jones,
Jasmine McIntosh, Cassie Montgomery, Karla Orrell, Stevee Porter,
Matt Wigand, and Hannah Mensing.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Elizabeth Lightfoot and Chase Correia.
On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Jane Gilbert.
On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Nichole Spencer.
On request of Assemblyman
Griffin, the privilege of the floor of the Assembly Chamber for this day was
extended to Haley Atkinson and
Danny St. John.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Dave Moreno.
On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Douglas Lea.
On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Rapisora.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Carrie Sattler.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Emma Fulkerson and Tamsen Douglas.
On request of Assemblyman Mabey, the privilege of the floor of the Assembly Chamber for this day was extended to Derrick Hodson.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Collin Brown.
On request of Assemblyman
Marvel, the privilege of the floor of the Assembly Chamber for this day was
extended to Ron Schmitt and
Jennifer James.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Candice Noel.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Anasasha DeLeon.
On request of Assemblywoman Pierce, the privilege of the floor of the Assembly Chamber for this day was extended to Sara Fuller.
On request of Assemblyman
Sherer, the privilege of the floor of the Assembly Chamber for this day was
extended to Kandra Christiansen,
Dana Schmid, and Sallie Schmid.
On request of
Assemblywoman Weber, the privilege of the floor of the Assembly Chamber for
this day was extended to Paul Workman and
Glenn Dawson.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, March 5, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:52 a.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon