THE THIRTY-NINTH DAY
Carson City (Thursday), March 13, 2003
Assembly called to order at 11:16 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Buckley, who was excused.
Prayer by the Chaplain, Pastor Ken Haskins.
Our gracious Heavenly Father, we are thankful for America, this land that You have so richly blessed, this land of the free where every man is a king and every woman is a queen. We Americans enjoy freedoms like no other people on earth. Continue to bless this great nation and enable each of us to do our part to ensure that the future always be bright for America. We pray in Jesus’ name.
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. 194, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Goldwater, Chairman
Mr. Speaker:
Your Concurrent Committee
on Health and Human Services, to which was referred
Assembly Bill No. 183, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 91, 130, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Tom Collins, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 82, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which were referred Assembly Bills Nos. 148, 252, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 73, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry Jr., Chairman
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 Resolutions Nos. 3, 4, 5.
|
Mary Jo Mongelli |
|
Assistant Secretary of the Senate |
Senate Chamber, Carson City, March 12, 2003
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 36.
|
Mary Jo Mongelli |
|
Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Hardy, Gibbons, Collins, Marvel, Mabey, Andonov, Beers, Brown, Christensen, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Koivisto, Manendo, McCleary, Pierce, Sherer, and Weber; Senators McGinness, Schneider, Washington, and Wiener:
Assembly Joint Resolution No. 6—Urging Congress to increase payments in lieu of taxes and make certain other reparations for the detrimental effects of federally held lands in Nevada.
Assemblyman Hardy moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Notice of Exemption
March 13, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 4, 5, 7, 13, 16, 24, 25, 34, 41, 45, 47, 62, 65, 68, 72, 78, 79, 102, 104, 109, 131, 142, 159, 162, 165, 170, 172, 179, 183, 186, 189, and 197.
Mark Stevens
Fiscal Analysis Division
March 13, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 203, 209, 214, 222, 227, 242, 243, 259, 264, and 266.
Mark Stevens
Fiscal Analysis Division
Senate Concurrent Resolution No. 3.
Assemblyman Oceguera moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Senate Concurrent Resolution No. 4.
Assemblyman Oceguera moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Senate Concurrent Resolution No. 5.
Assemblyman Oceguera moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Mortenson, Collins, Goldwater, Hettrick, Claborn, Anderson, Andonov, Angle, Buckley, Chowning, Manendo, McCleary, and Oceguera:
Assembly Bill No. 287—AN ACT relating to state land; imposing conditions on the transfer by the State of Nevada to a local government of any state park or interest therein; requiring legislative authorization before a local government to which such property or interest is transferred may sell, lease, encumber, alienate or otherwise dispose of the property or interest; authorizing the Division of State Parks of the State Department of Conservation and Natural Resources to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Atkinson, Oceguera, Ohrenschall, Koivisto, Knecht, Anderson, Andonov, Arberry, Buckley, Carpenter, Chowning, Claborn, Collins, Conklin, Giunchigliani, Goicoechea, Griffin, Hardy, Horne, Leslie, Manendo, McClain, McCleary, Parks, Perkins, Pierce, Sherer, Weber, and Williams:
Assembly Bill No. 288—AN ACT relating to minors; providing for the judicial approval of certain contracts for the artistic, creative or athletic services or intellectual property of minors; and providing other matters properly relating thereto.
Assemblyman Atkinson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Weber, Knecht, Mabey, Andonov, Beers, Conklin, Giunchigliani, Goicoechea, Grady, Griffin, Koivisto, Manendo, Marvel, McClain, Mortenson, Pierce, and Sherer (by request):
Assembly Bill No. 289—AN ACT relating to elections; providing for the names of candidates to be listed on a ballot in accordance with a randomized procedure of alphabetization; and providing other matters properly relating thereto.
Assemblywoman Weber moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Grady, Hardy, Knecht, Andonov, Atkinson, Beers, Brown, Christensen, Collins, Geddes, Gibbons, Goicoechea, Griffin, Hettrick, Mabey, Manendo, Marvel, Pierce, Sherer, and Weber:
Assembly Bill No. 290—AN ACT relating to cultural resources; increasing the amount of financial assistance that the Commission for Cultural Affairs may grant from the proceeds of general obligation bonds for the preservation and protection of certain historical buildings; and providing other matters properly relating thereto.
Assemblyman Grady moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 291—AN ACT relating to land use planning; providing in skeleton form for the abolishment of city and county planning commissions in certain larger counties; providing for the continued employment, without loss of position, seniority or benefits, of the staffs of those former planning commissions with the governing bodies of the applicable cities and counties; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Anderson, Conklin, Ohrenschall, Geddes, Gibbons, Arberry, Atkinson, Beers, Buckley, Chowning, Claborn, Collins, Giunchigliani, Griffin, Hardy, Horne, Koivisto, Leslie, Manendo, Marvel, McClain, Oceguera, Parks, Perkins, and Pierce:
Assembly Bill No. 292—AN ACT relating to elections; expressly prohibiting a political subdivision of this state from challenging an initiative petition, a referendum petition or a petition for the recall of a public officer under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Mortenson, Giunchigliani, Koivisto, Gustavson, Hettrick, Beers, Conklin, Leslie, McCleary, and Sherer:
Assembly Bill No. 293—AN ACT relating to elections; providing that, in certain counties and cities, if a ballot question is placed on the ballot by specified entities, committees must be appointed to prepare arguments advocating and opposing the ballot question; requiring the specified entities to submit timely a copy and explanation of the ballot question to the county clerk or city clerk, as applicable; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Conklin, Oceguera, Giunchigliani, Horne, Ohrenschall, Anderson, Arberry, Atkinson, Buckley, Carpenter, Chowning, Claborn, Collins, Geddes, Goldwater, Gustavson, Koivisto, Leslie, Manendo, McClain, McCleary, Mortenson, Parks, Perkins, Pierce, Sherer, and Williams; Senators Carlton and Wiener:
Assembly Bill No. 294—AN ACT relating to industrial insurance; prohibiting an insurer from issuing a check that includes a restrictive endorsement or other declaration as a condition for negotiation of the check for the payment of certain benefits for industrial insurance; and providing other matters properly relating thereto.
Assemblyman Conklin moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen McClain, Claborn, Ohrenschall, Atkinson, Gibbons, Anderson, Andonov, Arberry, Beers, Carpenter, Christensen, Collins, Conklin, Giunchigliani, Grady, Griffin, Hettrick, Knecht, Koivisto, Manendo, Parks, Pierce, Sherer, and Williams (by request):
Assembly Bill No. 295—AN ACT relating to public works; revising the provisions governing the criteria for determining the qualification of bidders on public works of local governments; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Weber, Geddes, Anderson, Sherer, Leslie, Buckley, Horne, Mabey, and Pierce:
Assembly Bill No. 296—AN ACT relating to energy; excluding tires from the definition of “biomass” for the purposes of energy policy, public utilities, the portfolio standard for renewable energy net metering and optional pricing; and providing other matters properly relating thereto.
Assemblywoman Weber moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Sherer, Knecht, Gibbons, Andonov, Angle, Brown, Christensen, Conklin, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Koivisto, Mabey, Marvel, McClain, Mortenson, and Weber; Senator McGinness:
Assembly Bill No. 297—AN ACT relating to public welfare; requiring the payments made for a hospital treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients to be made to the county in which the hospital is located; requiring the hospital to submit a claim against the county for the money received by the county; and providing other matters properly relating thereto.
Assemblyman Sherer moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Parks:
Assembly Bill No. 298—AN ACT relating to campaign practices; prohibiting state and local governments under certain circumstances from paying for publications, advertisements and television programming that are reasonably likely to affect public opinion on a contested matter of public policy; prohibiting state and local governments under certain circumstances from paying for publications, advertisements and television programming that prominently feature current public officers who are candidates for elective office; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Beers, Gustavson, Christensen, Conklin, Giunchigliani, Grady, Horne, Koivisto, McClain, Pierce, Sherer, and Weber; Senators Cegavske, Amodei, Care, and Schneider:
Assembly Bill No. 299—AN ACT relating to motor vehicles; establishing the duties of a driver when that driver approaches an authorized emergency vehicle which is stopped and is making use of flashing lights; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Mabey, Griffin, Hardy, Andonov, Beers, Brown, Christensen, Geddes, Gibbons, Goicoechea, Grady, Gustavson, Hettrick, Knecht, Marvel, Sherer, and Weber:
Assembly Bill No. 300—AN ACT relating to malpractice; providing in skeleton form for the creation of screening panels for medical and dental malpractice to hear claims of malpractice before such claims may be filed in court; requiring the Commissioner of Insurance to enter into agreements with physicians, dentists, attorneys and hospital administrators to serve as members on the screening panels; requiring the Commissioner of Insurance to employ an administrative law judge to serve as the presiding officer for each of the screening panels; requiring the administrative law judge to select the members of the screening panels and to oversee the claims filed with the screening panels; providing for the prospective expiration of the screening panels; and providing other matters properly relating thereto.
Assemblyman Mabey moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 301—AN ACT relating to wildlife; prohibiting the Board of Wildlife Commissioners from requiring a person, as a condition of qualifying for a special incentive tag, to have more than 35 elk on private lands which are controlled by the person and are within an actual elk area; providing for the payment of money or materials to prevent or mitigate damages caused by certain animals to fences on private and public lands and to construct fences around certain areas of those lands; authorizing state grazing boards to apply for and accept such payments of money and materials; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 302—AN ACT relating to controlled substances; repealing a duplicative provision concerning the penalty for the sale of imitation controlled substances; 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 Judiciary:
Assembly Bill No. 303—AN ACT relating to incarceration; authorizing the sheriff to declare a state of emergency because of the overcrowding of prisoners in a county jail; providing that certain persons, courts and agencies may take certain actions to reduce overcrowding in a county jail; revising the provisions governing the requirement of prisoners in local facilities for detention to perform labor; revising certain provisions pertaining to the release of prisoners from local facilities for detention; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Manendo (by request):
Assembly Bill No. 304—AN ACT relating to veterans' cemeteries; authorizing the use of the remainder of certain gifts of money and personal property donated for use at veterans’ cemeteries; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Angle, Gustavson, Knecht, Carpenter, and Mortenson:
Assembly Bill No. 305—AN ACT relating to land use planning; providing for the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
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 11:35 a.m.
ASSEMBLY IN SESSION
At 11:37 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Angle moved that the action whereby
Assembly Bill
No. 305 was referred to the Committee on Natural Resources, Agriculture, and
Mining be rescinded.
Motion carried.
Assemblywoman Angle moved that Assembly Bill No. 305 be referred to the Committee on Government Affairs.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Andonov, Sherer, Hardy, Chowning, Geddes, Anderson, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber, and Williams; Senators Raggio, Amodei, Townsend, Care, Wiener, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, and Washington:
Assembly Bill No. 306—AN ACT relating to veterans; authorizing certain veterans’ organizations to take possession of the unclaimed bodies of deceased veterans and provide for a military funeral; and providing other matters properly relating thereto.
Assemblyman Andonov moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Leslie, Giunchigliani, Conklin, McClain, Koivisto, Anderson, Atkinson, Chowning, Collins, Horne, Mortenson, and Parks; Senator Wiener:
Assembly Bill No. 307—AN ACT relating to health care; creating the Silver State Commission on Prescription Drugs; prescribing the membership and duties of the Commission; providing for the payment of compensation, per diem allowances and travel expenses for certain members of the Commission; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Concurrent Committees on Elections, Procedures, and Ethics, and Ways and Means.
Motion carried.
By Assemblywoman Leslie:
Assembly Bill No. 308—AN ACT relating to educational personnel; requiring the Commission on Professional Standards in Education to adopt regulations providing for an endorsement in the field of educational psychology; prescribing the requirements and qualifications for the endorsement; authorizing an educational psychologist to engage in the private practice of educational psychology in addition to his employment with a school district; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Manendo, Koivisto, McClain, Chowning, Ohrenschall, Anderson, Andonov, Atkinson, Buckley, Christensen, Collins, Conklin, Goicoechea, Goldwater, Grady, Griffin, Hardy, Knecht, Oceguera, Pierce, and Williams:
Assembly Bill No. 309—AN ACT relating to domestic relations; requiring judicial districts in larger counties to establish an educational seminar for separating parents who are parties in domestic relations matters involving children; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Ohrenschall, Claborn, Knecht, Chowning, Manendo, Andonov, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Collins, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Koivisto, Leslie, Mabey, McCleary, Mortenson, Oceguera, Parks, Pierce, and Sherer:
Assembly Bill No. 310—AN ACT relating to public employment; increasing the number of days for which certain public officers and employees are entitled to serve under military orders without loss of regular compensation; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Government Affairs.
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 11:41 a.m.
ASSEMBLY IN SESSION
At 11:43 a.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 13, 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. 17.
|
Mary Jo Mongelli |
|
Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 17.
Assemblyman Oceguera moved the adoption of the resolution.
Remarks by Assemblymen Oceguera, Anderson, and Angle.
Resolution adopted unanimously.
Assemblywoman Ohrenschall moved that the action whereby Assembly Bill No. 310 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblywoman Ohrenschall moved that Assembly Bill No. 310 be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Knecht, Hettrick, Christensen, Angle, Griffin, Andonov, Atkinson, Beers, Brown, Carpenter, Claborn, Conklin, Geddes, Gibbons, Goicoechea, Grady, Gustavson, Hardy, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Parks, Sherer and Weber; Senators Cegavske, O’Connell, Hardy, Tiffany, Rawson, Amodei, Nolan, Schneider, Shaffer, and Washington:
Assembly Bill No. 311—AN ACT relating to education; requiring the boards of trustees of school districts to provide certain public notice of policies and regulations concerning or affecting homeschooled children; providing that homeschooled children may participate in interscholastic activities and events under certain circumstances; prescribing the requirements for eligibility and participation of homeschooled children in interscholastic activities and events; revising provisions governing an association formed for the purposes of controlling, supervising and regulating interscholastic events in public schools; requiring boards of trustees of school districts to establish and maintain a separate roster of directory information for homeschooled children; requiring a school district to expend certain money for homeschooled children who receive special education from the school district; and providing other matters properly relating thereto.
Assemblyman Knecht moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Mabey (by request):
Assembly Bill No. 312—AN ACT relating to professions; requiring the issuance of a limited license to practice medicine, dentistry or osteopathic medicine at a health care facility of a governmental entity or a nonprofit organization under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Mabey moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywomen Giunchigliani and Koivisto:
Assembly Bill No. 313—AN ACT relating to health care facilities; requiring certain health care facilities employing nurses to establish a staffing plan and to provide adequate staffing; providing certain minimum ratios for nurse staffing; requiring the keeping of certain records concerning statistics relating to patients and staffing; establishing maximum limits on work hours and providing exceptions to those limits; requiring such a health care facility to establish policies pursuant to which direct care nurses may refuse a work assignment; prohibiting such a health care facility from taking certain actions against employees of the facility under certain circumstances; requiring public disclosure of certain information relating to the staffing plan; providing administrative and criminal penalties; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Geddes, Hardy, Leslie, Andonov, Angle,
Atkinson, Christensen, Claborn, Collins, Conklin, Giunchigliani, Goicoechea,
Goldwater, Horne, Mabey, Manendo, Oceguera, and Pierce;
Senator Townsend:
Assembly Bill No. 314—AN ACT relating to energy; requiring certain public utilities to establish a program for the purchase and installation of equipment for renewable energy for its residential customers; establishing a program which provides loans to owners of homes and small businesses in this state for the purchase of equipment to reduce and conserve energy; revising the definition of “renewable energy” for the purposes of optional pricing, net metering and establishing a portfolio standard for renewable energy; revising the definition of “net metering system” for the purposes of revising the requirements for generating capacity and customer load of net metering systems; and providing other matters properly relating thereto.
Assemblyman Geddes moved that the bill be referred to the Concurrent Committees on Commerce and Labor and Ways and Means.
Motion carried.
By Assemblymen Koivisto, Chowning, Ohrenschall, McClain, Parks, Anderson, Claborn, Collins, Giunchigliani, Goldwater, Leslie, Manendo, Oceguera, Perkins, Pierce, and Williams:
Assembly Bill No. 315—AN ACT relating to cancer; requiring the State Health Officer to analyze information reported by health facilities concerning cancer; requiring the State Health Officer to analyze trends in such information and assist in facilitating the prevention of cancer; 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.
Senate Bill No. 36.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Giunchigliani, Parks, Anderson, Arberry, Chowning, Christensen, Claborn, Collins, Goicoechea, Goldwater, Koivisto, Manendo, McClain, McCleary, Mortenson, Pierce, and Williams:
Assembly Joint Resolution No. 7—Proposing to amend the Nevada Constitution to provide for limited annual legislative sessions.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated section 29A, be added to Article 4 of the Nevada Constitution to read as follows:
Sec. 29A. The Legislature shall adjourn sine die each:
1. Regular session in an:
(a) Odd-numbered year not later than midnight 120 calendar days following its commencement. Any legislative action taken after midnight on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
(b) Even-numbered year not later than midnight 60 calendar days following its commencement. Any legislative action taken after midnight on the 60th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
2. Special session not later than midnight 20 calendar days following its commencement. Any legislative action taken after midnight on the 20th calendar day is void.
And be it further
Resolved, That Section 1 of Article 4 of the Nevada Constitution be amended to read as follows:
Section 1. 1.
The Legislative authority
of this State shall be vested in a Senate and Assembly which shall be
designated “The Legislature of the State of [Nevada” and] Nevada.” 2.
Except as otherwise provided in subsection 3, the sessions of such
Legislature shall be held at the seat of government of the State.
3. The regular sessions of such Legislature which occur in even-numbered years shall be held in Las Vegas if the Legislature determines that appropriate facilities are available for such purpose.
And be it further
Resolved, That Section 2 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. [The] Except as otherwise
provided in subsection 2, the sessions of the Legislature shall be [biennial,]
annual, and shall commence on the 1st Monday of February [following
the election of members of the Assembly, unless the Governor of the State
shall, in the interim, convene the Legislature by proclamation.
2. The
Legislature shall adjourn sine die each regular session not later than
midnight Pacific standard time 120 calendar days following its commencement.
Any legislative action taken after midnight Pacific standard time on the 120th
calendar day is void, unless the legislative action is conducted during a
special session convened by the Governor.] in each year.
2. The Governor, by proclamation:
(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with Section 9 of Article 5 of this Constitution.
(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by at least two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during the special session.
3. The Governor shall submit :
(a) In odd-numbered years, the proposed executive budget ; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,
to the Legislature
not later than [14] 30 calendar days before the commencement of
each regular session.
4. The Legislature may prepare and consider during each regular session:
(a) In odd-numbered years, a proposed executive budget and any proposed appropriations and proposed revisions to the proposed executive budget submitted by the Governor; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget.
And be it further
Resolved, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a
compensation to be fixed by law and paid out of the public treasury, for [not
to exceed 60 days] each calendar day of service during any regular
session of the legislature and [not to exceed during any special session convened by the governor; but no
increase of such compensation shall take effect during the term for which the
members of either house shall have been elected Provided, that an appropriation
may be made for the payment of such actual expenses as members of the
Legislature may incur for postage, express charges, newspapers and stationery
not exceeding the sum of
20 days][Sixty dollars] $500 for any general session
or $60 for any special session to each member; and Furthermore
Provided, that the Speaker of the Assembly, and Lieutenant Governor, as
President of the Senate, shall each, during the time of their actual attendance
as such presiding officers receive an additional allowance of two dollars per
diem.
And be it further
Resolved, That Section 9 of Article 5 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec.
9. The Governor may on extraordinary occasions, convene the Legislature by
Proclamation for a special session not to exceed 20 calendar days and
shall state to both houses when organized, the purpose for which they have been
convened, and the Legislature shall transact no legislative business, except
that for which they were specially convened, or such other legislative business
as the Governor may call to the attention of the Legislature while in Session.
And be it further
Resolved, That Section 2 of Article 19 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An
initiative petition shall be in the form required by section 3 of this article
and shall be proposed by a number of registered voters equal to 10 percent or
more of the number of voters who voted at the last preceding general election
in not less than 75 percent of the counties in the state, but the total number
of registered voters signing the initiative petition shall be equal to
10 percent or more of the voters who voted in the entire state at the last
preceding general election.
3. If the
initiative petition proposes a statute or an amendment to a statute, the person
who intends to circulate it shall file a copy with the secretary of state
before beginning circulation and not earlier than [January 1 of the year
preceding the year in which a regular session of the legislature is held.] 1
year before the date on which the Legislature to which the petition will be
transmitted commences its regular session. After its circulation, it shall
be filed with the secretary of state not less than 30 days prior to any regular
session of the legislature. The circulation of the petition shall cease on the
day the petition is filed with the secretary of state or such other date as may
be prescribed for the verification of the number of signatures affixed to the
petition, whichever is earliest. The secretary of state shall transmit such
petition to the legislature as soon as the legislature convenes and organizes.
The petition shall take precedence over all other measures except appropriation
bills, and the statute or amendment to a statute proposed thereby shall be
enacted or rejected by the legislature without change or amendment within 40
days. If the proposed statute or amendment to a statute is enacted by the
legislature and approved by the governor in the same manner as other statutes
are enacted, such statute or amendment to a statute shall become law, but shall
be subject to referendum petition as provided in section 1 of this article. If
the statute or amendment to a statute is rejected by the legislature, or if no
action is taken thereon within 40 days, the secretary of state shall submit the
question of approval or disapproval of such statute or amendment to a statute
to a vote of the voters at the next succeeding general election. If a majority
of the voters voting on such question at such election votes approval of such
statute or amendment to a statute, it shall become law and take effect upon
completion of the canvass of votes by the supreme court. An initiative measure
so approved by the voters shall not be amended, annulled, repealed, set aside
or suspended by the legislature within 3 years from the date it takes effect.
If a majority of such voters votes disapproval of such statute or amendment to
a statute, no further action shall be taken on such petition. If the
legislature rejects such proposed statute or amendment, the governor may
recommend to the legislature and the legislature may propose a different
measure on the same subject, in which event, after such different measure has
been approved by the governor, the question of approval or disapproval of each
measure shall be submitted by the secretary of state to a vote of the voters at
the next succeeding general election. If the conflicting provisions submitted
to the voters are both approved by a majority of the voters voting on such
measures, the measure which receives the largest number of affirmative votes
shall thereupon become law. If at the session of the legislature to which an
initiative petition proposing an amendment to a statute is presented which the
legislature rejects or upon which it takes no action, the legislature amends
the statute which the petition proposes to amend in a respect which does not
conflict in substance with the proposed amendment, the secretary of state in
submitting the statute to the voters for approval or disapproval of the
proposed amendment shall include the amendment made by the legislature.
4. If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this constitution upon completion of the canvass of votes by the supreme court.
5. If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:
(a) If all can be given effect without contradiction in substance, each shall be given effect.
(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
6. If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.
And be it further
Resolved, That the explanation prepared pursuant to NRS 218.443 for this constitutional amendment must include a statement that, if the qualified electors of this state approve the constitutional amendment proposed by this resolution:
1. Regular sessions of the Legislature which occur in even-numbered years would be held in Las Vegas if the Legislature determines that appropriate facilities are available for such purpose;
2. Members of the Legislature would be entitled to receive, during each regular annual session and each special session, compensation for each calendar day of service; and
3. The amount of the appropriation that may be made for the payment of certain expenses of members of the Legislature would be increased.
And be it further
Resolved, That Section 12 of Article 17 of the Nevada Constitution is hereby repealed.
TEXT OF REPEALED SECTION
Sec. 12. Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Assemblyman Oceguera moved that The Media Center:
Steve Goodin; Senior Spectrum Newspaper:
Connie McCullen, be accepted as accredited press representatives, and that they
be assigned space at the press table in the Assembly Chambers and that they be
allowed the use of appropriate broadcasting facilities.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 60.
Bill read second time and ordered to third reading.
Assembly Bill No. 133.
Bill read second time and ordered to third reading.
Assembly Bill No. 236.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Oceguera moved that Assembly Bills Nos. 74, 89, and 111 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no
objections, the Speaker and Chief Clerk signed
Assembly Bill No. 263; Senate Concurrent Resolution No. 16.
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 Ken Singer and
Bob Wheeler.
On request of Assemblyman
Carpenter, the privilege of the floor of the Assembly Chamber for this day was
extended to Vernon Dalton and
Clay Fitch.
On request of Assemblyman Conklin, the privilege of the floor of the Assembly Chamber for this day was extended to Graham Griffin.
On
request of Assemblyman Goicoechea, the privilege of the floor of the Assembly
Chamber for this day was extended to Randy Ewell and
Paul Diefenbach.
On
request of Assemblyman Griffin, the privilege of the floor of the Assembly
Chamber for this day was extended to Reenie Griffin,
Monet Griffin, and Bennett Griffin.
On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Harrison Griffin.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Wells.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Sylvia Samano.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Goldman.
Assemblyman Oceguera moved that the Assembly adjourn until Friday, March 14, 2003, at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:08 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon