THE THIRTY-SEVENTH DAY

                               

 

Carson City (Tuesday), March 11, 2003

 

    Assembly called to order at 11:16 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblyman Goldwater, who was excused.

    Prayer by the Chaplain, Pastor Ken Haskins.

    O Lord, our Lord, how majestic is Your Name in all the earth. The glory of the sunrise and the sunset, the fragrance of the rose and gardenia, the whisper of the brook; these all declare Your creative handiwork. Bless our efforts this day so that they might prove to be a creative handiwork pleasing in Your sight. We pray in the Name of the One through whom You made all things

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 Commerce and Labor, to which was referred Assembly Bill No. 236, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 60, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

Bernie Anderson, Chairman

Communications

Congress of the United States

House of Representatives

                                                                            March 4, 2003

Assemblyman Richard Perkins, Nevada Assembly, 401 S. Carson Street, Carson City, Nevada  89701

Dear Speaker Perkins:

    I hope this letter finds you and your colleagues doing well as you work through what must be a difficult legislative session.  Your wisdom and years of experience will surely prove to be invaluable during these tenuous times.

    I am writing today to formally request that I may be permitted to address a joint session of the Nevada Legislature on Wednesday, April 16, 2003.  The last few months have been an incredible learning experience, and I look forward to sharing my experiences with you and my former colleagues.

    Thank you for your consideration of my request.  Please contact my Deputy Chief of Staff, Brooke van Soest, if you have any questions regarding this matter.  Brooke can be reached at (702) 387-4941.

                                                                                                Sincerely,

                                                                                                        Jon C. Porter

                                                                                                        Member of Congress

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 10, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bill No. 263.

    Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 18, 72, 113, 140, 174.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Health and Human Services:

    Assembly Bill No. 271—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 Koivisto moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    By Assemblymen Carpenter and Goicoechea (by request):

    Assembly Bill No. 272—AN ACT relating to professions; creating the Board of Outfitters and Guides; prescribing the powers and duties of the Board; requiring the licensing of outfitters and guides; establishing fees for licenses issued by the Board; providing a penalty; and providing other matters properly relating thereto.

    Assemblyman Carpenter moved that the bill be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and
Ways and Means.

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

    Assembly in recess at 11:28 a.m.

ASSEMBLY IN SESSION

    At 11:30 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Motion carried.


    By the Committee on Judiciary:

    Assembly Bill No. 273—AN ACT relating to the protection of children; establishing procedures for permanently placing an abused or neglected child with a guardian; and providing other matters properly relating thereto.

    Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By Assemblyman Goldwater:

    Assembly Bill No. 274—AN ACT relating to property; increasing the length of notice before persons 55 years of age or older may be evicted from certain periodic tenancies under certain circumstances; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By the Committee on Commerce and Labor:

    Assembly Bill No. 275—AN ACT relating to dispensing opticians; eliminating the authority of a dispensing optician to fit contact lenses; repealing the provision providing for a license for a dispensing optician to fit contact lenses; 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 Assemblymen Collins, Conklin, Giunchigliani, Goicoechea, Grady, Hardy, McClain, Mortenson, Parks, and Weber:

    Assembly Bill No. 276—AN ACT making an appropriation to the Department of Transportation for the design of fencing and an underpass for that portion of State Route 159 from the Blue Diamond turnoff to the northeast corner of Red Rock Canyon Park; and providing other matters properly relating thereto.

    Assemblyman Collins moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    By Assemblymen Collins, Gibbons, Anderson, Conklin, Giunchigliani, Grady, Hardy, Koivisto, McClain, Mortenson, Parks, Pierce, and Williams (by request):

    Assembly Bill No. 277—AN ACT relating to industrial insurance; prohibiting a self-insured employer, an association of self-insured public or private employers or a private carrier from entering into a contract with an organization for managed care to provide medical and health care services to injured employees under certain circumstances; and providing other matters properly relating thereto.

    Assemblyman Collins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Assemblymen Mabey, Geddes, Gibbons, Knecht, Anderson, Arberry, Beers, Brown, Christensen, Conklin, Grady, Gustavson, Hardy, Horne, Koivisto, Marvel, McClain, Mortenson, Parks, Sherer, and Weber
(by request):

    Assembly Bill No. 278—AN ACT relating to cities; providing that an owner of property within the city who is ordered to abate a dangerous or noxious condition on private property may appeal the decision ordering such abatement to a court of competent jurisdiction; and providing other matters properly relating thereto.

    Assemblyman Mabey moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Assemblymen Giunchigliani and Anderson:

    Assembly Bill No. 279—AN ACT relating to public employees; abolishing requirement of binding arbitration for teachers and educational support personnel; providing the authority to strike under certain circumstances; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Education.

    Motion carried.

    By Assemblywoman Giunchigliani:

    Assembly Bill No. 280—AN ACT relating to insurance; requiring an insurance company that transacts motor vehicle insurance in this state to include in each policy of insurance certain provisions relating to reimbursement and payments for injuries arising out of the maintenance or use of a motor vehicle; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By the Committee on Taxation:

    Assembly Bill No. 281—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; creating and assigning duties to an Office of Federal Grants Acquisition in the Office of the Governor and a Task Force on Tax Policy in Nevada; making an appropriation; providing penalties; and providing other matters properly relating thereto.

    Assemblyman Parks moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Assemblymen Giunchigliani and Claborn:

    Assembly Bill No. 282—AN ACT relating to public works projects; requiring that a bidder participate in certain programs of training and apprenticeship to be qualified to bid on public works projects; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 11, 2003

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. 16.

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 11:34 a.m.

ASSEMBLY IN SESSION

    At 11:35 a.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 16.

    Assemblyman Sherer moved the adoption of the resolution.

    Remarks by Assemblymen Sherer and Carpenter.

    Resolution adopted unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

    By Assemblymen McClain, Koivisto, Parks, Chowning, Claborn, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Christensen, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Knecht, Leslie, Manendo, Marvel, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber, and Williams:

    Assembly Bill No. 283—AN ACT relating to public health; providing subsidies from the Fund for a Healthy Nevada for the coverage of limited-scope dental and vision benefits within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; and providing other matters properly relating thereto.

    Assemblywoman McClain moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.

    Motion carried.

    By Assemblymen Buckley, Parks, Gibbons, Leslie, Horne, Anderson, Beers, Brown, Carpenter, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Griffin, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, Oceguera, Ohrenschall, Perkins, and Sherer:

    Assembly Bill No. 284—AN ACT relating to property; prohibiting certain acts by lenders of home loans as unfair lending practices; providing for enforcement by the Attorney General; prohibiting the sale of real property by a trustee under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 18.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 72.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 113.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 140.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 174.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Assemblymen Koivisto, McClain, Chowning, Conklin, Ohrenschall, Anderson, Buckley, Carpenter, Collins, Manendo, McCleary, Oceguera, Parks, Pierce, Sherer, and Williams; Senator Carlton:

    Assembly Bill No. 285—AN ACT relating to elections; requiring a declaration of candidacy or acceptance of candidacy to be accompanied by a completed fingerprint card, authorization for an investigation and fee for the investigation; requiring a declaration of candidacy or acceptance of candidacy to include a statement that the declarant is a qualified elector and, if he has been convicted of a felony, that his civil rights have been restored; prohibiting a filing officer from accepting a declaration of candidacy or acceptance of candidacy if the candidate has not presented certain identification; and providing other matters properly relating thereto.

    Assemblywoman Koivisto moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By Assemblymen Koivisto, McClain, Knecht, Chowning, Ohrenschall, Anderson, Atkinson, Buckley, Carpenter, Claborn, Collins, Conklin, Giunchigliani, Goicoechea, Manendo, McCleary, Oceguera, Parks, Pierce, and Williams:

    Assembly Bill No. 286—AN ACT relating to programs for public personnel; requiring the governing body of a local government to pay a certain portion of the costs of coverage under the Public Employees’ Benefits Program for persons retired from the service of the local government who join the Program upon retirement; requiring each governing body of a local government and the Board of the Public Employees’ Benefits Program to ensure that rates established for coverage for their programs of group insurance are the same for all participants; providing a period of open enrollment in which retired public officers and employees of local governments who joined the Public Employees’ Benefits Program upon retirement may join the group insurance or medical and hospital service of their last public employer; and providing other matters properly relating thereto.

    Assemblywoman Koivisto moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 34.

    Bill read second time and ordered to third reading.

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

    Assembly in recess at 11:53 a.m.


ASSEMBLY IN SESSION

    At 11:54 a.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 34 be re-referred to the Committee on Ways and Means.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 74.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 89.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 111.

    Bill read second time and ordered to third reading.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Alayna Kephart.

    On request of Assemblyman Conklin, the privilege of the floor of the Assembly Chamber for this day was extended to Launa Hall.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Wendy Knorr and
Brandy Gregg.

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Diane Sturges,
Ken Haskins, Laurie Nellis, Omar Arroyo, Grant Brewer, Rodney Calhoun, Sean Cutinilli, Carmela Diaz, Cole Dufrense, Nicolas Garcia,
Cheyenne Hammack, Austin Irvine, Amber Lemaster, Colin McCulloch, Jackie Noel, Madeline Noel, Analiza Ong, Miranda Peragallo,
Wade Ricketts, Dylan Sawyers, Dallin Toronto, Vanessa Vizcaino,
Taylor Adams, Brady Ahern, Keegan Aiazzi, Bryce Arbour, Quinn Ashley, Austin Brown, Julieta Gonzalez, August McDowell, Noemi Meza,
Ulises Perez, Alyssa Richards, Olivia Rodriquez, Harrison Root,
Margaro Sanchez, Ryan Schmid, and Meagen Spraycar.

    On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Mills.


    Assemblywoman Buckley moved that the Assembly adjourn until Thursday, March 13, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 12:03 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly