THE THIRTY-FIRST DAY
Carson City (Wednesday), March 5, 2003
Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Ohrenschall, who was excused.
Prayer by the Chaplain, Pastor Peggy Locke.
Grace and peace to you. We pray, Lord God of heaven, O great and awesome God, You who keep Your covenant and mercy with those who love You and observe Your commandments, You who shows no partiality nor takes a bribe, You are a God of justice. Please let Your ear be attentive and Your eyes open, that You may hear the prayer of Your servants which we pray before You now. He has shown you, O man, what is good; and what does the Lord require of you, but to do justly, to love mercy, and to walk humbly with your God.
Bless those who are assembled here today, give clarity of thought, divine wisdom and understanding hearts. Bless and protect their families and loved ones. Let nothing be done through selfish ambition or conceit, but in lowliness of mind let each of us esteem others better than himself. Let each of us look out not only for our own interests, but also for the interests of others. We continue to pray for those in authority over us, for our military troops, and for peace. May all that we do bring glory to You. God bless America.
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.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 4, 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. 37, 83, 84, 162.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 65.
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Mary Jo Mongelli |
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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 11:10 a.m.
ASSEMBLY IN SESSION
At 11:13 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Geddes, Conklin, Knecht, Gibbons, Leslie, Anderson, Andonov, Arberry, Atkinson, Brown, Buckley, Carpenter, Christensen, Collins, Giunchigliani, Goicoechea, Grady, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, Marvel, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer and Weber; Senators Titus, Wiener, Coffin, Rhoads, and Shaffer:
Assembly Bill No. 237—AN ACT relating to fuels; revising the findings of the Legislature concerning the feasibility of the conversion to cleaner-burning alternative fuels by certain fleets of motor vehicles; revising the definitions of “alternative fuel” and “dedicated alternative fuel motor vehicle”; requiring the State Environmental Commission to adopt regulations relating to dedicated alternative fuel motor vehicles; and providing other matters properly relating thereto.
Assemblyman Geddes moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Horne, Leslie, Buckley, Chowning, Perkins, Anderson, Andonov, Arberry, Atkinson, Brown, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goldwater, Griffin, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, McCleary, Oceguera, Parks, Pierce, Sherer, and Williams:
Assembly Bill No. 238—AN ACT making an appropriation to the Interim Finance Committee for allocation to the Eighth Judicial District of the State of Nevada for operational expenses of a mental health court in Clark County; and providing other matters properly relating thereto.
Assemblyman Horne moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 239—AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to establish a procedure pursuant to which the owner of a motor vehicle that is at least 25 years old may obtain a special permit to display a vintage license plate on the front of that motor vehicle under certain circumstances; requiring the Department to impose a reasonable fee for the issuance of such a special permit; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 240—AN ACT relating to education; repealing the prospective expiration of certain provisions that authorize the board of trustees of a county school district to issue its general obligations to raise money to replace existing buildings or grounds for schools, and to purchase necessary equipment used in educating pupils, necessary furniture for school buildings and certain necessary equipment used for the transportation of pupils; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblyman Gustavson (by request):
Assembly Bill No. 241—AN ACT relating to general improvement districts; revising the definition of “publication”; authorizing a board of trustees of a district to increase the compensation of the trustees under certain circumstances; authorizing the board of trustees of a 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 districts; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 242—AN ACT relating to administrative assessments; increasing the amount of certain administrative assessments; requiring a justice or judge to impose an administrative assessment against a person convicted of certain offenses when imprisonment or community service is ordered in lieu of a fine; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 243—AN ACT relating to state finances; providing for the imposition and administration of state taxes on the gross receipts of businesses and on certain admissions and amusements; increasing certain taxes and fees; levying an ad valorem tax and revising certain limitations on the total ad valorem tax levy; revising certain provisions governing state business licenses; providing for the implementation of certain administrative methods to increase the generation of revenue; requiring certain public bodies to include a clause regarding compliance with state and local laws in each contract for a public work; requiring the review of laws regarding certain exemptions from taxes; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 37.
Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 65.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 83.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:20 a.m.
ASSEMBLY IN SESSION
At 11:21 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Buckley withdrew the motion that Senate Bill No. 83 be referred to the Committee on Health and Human Services.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 84.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 162.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 53.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 19.
Amend section 1, page 2, line 8, after “therapist,” by inserting: “a medical laboratory technician,”.
Amend section 1, page 2, line 13, by deleting “clinical”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or violence upon the person of another.
(b) “Child” means a person less than 18 years of age.
(c) “Officer” means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.
(d) “Provider of health care” has the meaning
ascribed to it in
NRS 200.471.
(e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
[(e)] (f) “Taxicab” has the meaning
ascribed to it in NRS 706.8816.
[(f)] (g) “Taxicab driver” means a person
who operates a taxicab.
[(g)] (h) “Transit operator” means a
person who operates a bus or other vehicle as part of a public mass
transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly
weapon, and substantial bodily harm to the victim results, for a category C
felony as provided in
NRS 193.130.
(c) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator and:
(1) The officer, provider of health care, school employee, taxicab driver or transit operator was performing his duty;
(2) The officer, provider of health care, school employee, taxicab driver or transit operator suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver or transit operator, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.”.
Amend the title of the bill, second line, after “assault” by inserting “or battery”.
Amend the summary of the bill to read as follows:
“SUMMARY—Enhances criminal penalty for committing assault or battery upon certain providers of health care. (BDR 15-826)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Mortenson moved that Assembly Bill No. 82 be
taken from the Second Reading File and re-referred to the Committee on
Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 90.
Bill read second time and ordered to third reading.
Assembly Bill No. 201.
Bill read second time and ordered to third reading.
Senate Bill No. 32.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 40.
Bill read third time.
Remarks by Assemblyman Oceguera.
Roll call on Assembly Bill No. 40:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 40 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 42.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 42:
Yeas—41.
Nays—None.
Excused—Ohrenschall.
Assembly Bill No. 42 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 10.
The following Senate amendment was read:
Amendment No. 12.
Amend section 1, page 1, line 11, by deleting the period and inserting:
“[.] , currency or other monetary instrument or
through the use of a calling card, credit card or debit card.”.
Amend the title of the bill, fifth line, before “repealing” by inserting:
“revising the definition of public telephone for the purposes of the statute prohibiting a person from refusing to relinquish a public telephone for an emergency call and from falsely stating that it is needed for an emergency call;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Repeals various crimes and revises definition of public telephone for purpose of statute prohibiting persons from refusing to relinquish public telephone for emergency call and from falsely stating that public telephone is needed for emergency call. (BDR 15-190)”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 10.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 5.
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 Sue Clark.
On request of Assemblyman Andonov, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy Hara-Isa and Leonard Remington.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Monica Kales.
On request of Assemblyman
Beers, the privilege of the floor of the Assembly Chamber for this day was
extended to Candess Zona,
Julie Shaffer, Blake Shaffer, and Alec Shaffer.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Judith Winzler.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Stacy Spain.
On
request of Assemblywoman Chowning, the privilege of the floor of the Assembly
Chamber for this day was extended to Rick Kuhlmey and
Kim Russell.
On request of Assemblyman Christensen, the privilege of the floor of the Assembly Chamber for this day was extended to Peggy Trasetti.
On request of Assemblyman
Geddes, the privilege of the floor of the Assembly Chamber for this day was
extended to Scott Faulkner, Janet Basl, Janet Ratto, Karen Drynan, Don Cronmer,
Tim Ledesma, Heather Manning, Mrs. Woodring, Martha Clark, Sheree Garcia, Maria
Cabera-Reyes,
Lin Pruett, Andrew Buchheister, Brandon Carbera-Reyes, Peter Cordi,
Lydia Cortez, Jessica Drynan, Maili Dumont, Michael Evans,
Jacquie Hansen, Dalton Huston, Levi Hyde-Beverage, Sharon Klovske,
Alex Largent, Tommy Maples, Monserrat Melendrez, Zack Moore,
Michael Morelli, Stephanie Pira, Kayla Pruett-Barnes, Matthew Punzalan, Levi
Ratto, Oliver Saah, Katrina Shearer, Callen Skinner, Breeann Woods, Tevin
Wright, Casey Albin, Patrick Barlow, Cassidy Brown,
Cymone Debose, Karel Felix Torres, Harrison Gray, Brittany Jacobson, Keleka
Kam, Mark Ledesma, Alex Manning, Kashmir Martin,
Juanita Martinez, Juanita Mendrez-Cabrera, Bryce Neilson, Ariel Payton,
Alejandro Portillo, Jordan Raulston, Aaron Roberts, Eduardo Rodriquez, Nicholas
Ruggieri, Leila Sparks, Hannah Torvick, Maddison Vandever, Alexandra Young,
Marco Aleala, Tanner Ames, Sammi Brown,
James Campbell, Cindy Chavez, Kieran Clark, Jessi Curtis, Angel Delatorre,
Steven Garcia, Eduardo Garcia-Hemantez, Amanda Goncalves,
Fernando Gonzalez, Eddie Guico, Samantha Holland, Danielle Levy,
Fallon Lucero, Emily Miller, Jaimee Oberg, Conner Oliver, Julie Ramos, Jasmin
Regla, Sacramento Saldana, Grant Adam Shelton, Diego Villa, and Juan Zasueta.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Johnson.
On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Marlean Bowling.
On
request of Assemblyman Goldwater, the privilege of the floor of the Assembly
Chamber for this day was extended to Danny Kline and
Ariel Kline.
On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Wells.
On request of Assemblyman Griffin, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Jones.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Mayes-Smith.
On request of Assemblyman
Hardy, the privilege of the floor of the Assembly Chamber for this day was
extended to Gard Jameson,
Florence Jameson, Elizabeth Pohe, and Kawana Pohe.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Carol F. Oldvary-Anderson.
On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Tabatha Robinson and Terrill V. Ozawa.
On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Rosine Bena.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Lacy J. Dalton.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Ann DeHaven.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Harry Ferris.
On request of Assemblywoman Pierce, the privilege of the floor of the Assembly Chamber for this day was extended to Julie Gilday-Shaffer and Angie Wallin.
On request of Assemblyman Sherer, the privilege of the floor of the Assembly Chamber for this day was extended to John Shelton.
On request of Assemblywoman Weber, the privilege of the floor of the Assembly Chamber for this day was extended to Joshua Abbey.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, March 6, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:49 a.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon