THE SIXTY-FOURTH DAY
Carson City (Monday), April 7, 2003
Assembly called to order at 11:25 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Arberry, who was excused.
Prayer by the Chaplain, Reverend Albert Tilstra.
Dear God, today I am thinking of paths. How easy it is to take the path already smoothed by other feet, where all the rocks have been removed, all the holes filled in, and signs already mark the way; but maybe that is not the path that You would have us take today. Help us to make a path where we ought to be rather than the one already paved. Our country’s pioneers did this. Thank You for their vision and their courage, their commitment that, in the end, populated our country from sea to sea. Although our path may be but a dim reflection of those pioneers’ trails, I ask for the vision and courage to risk exploring a wilderness instead of following the ways of others.
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 were referred Assembly Bills Nos. 32, 143, 146, 294, 420, 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 Committee on
Constitutional Amendments, to which was referred
Senate Joint Resolution No. 5, has had the same under consideration, and begs
leave to report the same back with the recommendation: Do pass.
Harry Mortenson, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 233, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 459, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark Manendo, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 16, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 92, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 100, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 151, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 160, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 163, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 319, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 397, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 396 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Buckley moved that the reading of histories on Senate bills on Introduction be dispensed with for this legislative day.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 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. 202, 276, 283, 297, 327, 334, 337, 350, 405, 475.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 44, 59, 126, 204, 207, 266, 269, 315, 417.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 6, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 204, 320, 323, 382, 386, 395, 418, 438, 502, 504, 514, 517, 521, 524, and 533.
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Mark Stevens |
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Fiscal Analysis Division |
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 542—AN ACT relating to the Legislature; making various changes relating to the operation of the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 44.
Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
Senate Bill No. 59.
Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
Senate Bill No. 126.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 202.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 204.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 207.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 266.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 269.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 276.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 283.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 297.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 315.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 327.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 334.
Assemblyman Oceguera moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 337.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 350.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 405.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 417.
Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 475.
Assemblyman Oceguera moved that the bill be referred to the Committee on Taxation.
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 11:40 a.m.
ASSEMBLY IN SESSION
At 11:45 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Oceguera moved that the action whereby
Senate Bill
No. 417 was referred to the Committee on Elections, Procedures, and Ethics be
rescinded.
Motion carried.
Assemblyman Oceguera moved that Senate Bill No. 417 be referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 341 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 21.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 138.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.
Amend sec. 3, page 2, by deleting lines 34 through 36 and inserting:
“(c) Have received a degree”.
Amend sec. 3, page 2, line 39, by deleting “(e)” and inserting “(d)”.
Amend sec. 3, page 2, line 41, by deleting “5”and inserting “3”.
Amend sec. 3, page 2, line 43, by deleting “(f)” and inserting “(e)”.
Amend sec. 3, page 2, line 44, by deleting “(g)” and inserting “(f)”.
Amend sec. 3, page 3, line 1, by deleting “two members” and inserting “one member”.
Amend sec. 3, page 3, by deleting lines 3 and 4 and inserting:
“(a) Is licensed pursuant to chapter 630 of NRS by the Board of Medical Examiners as a physician;”.
Amend sec. 3, page 3, line 5, by deleting “Do” and inserting “Does”.
Amend sec. 3, page 3, line 7, by deleting “Do” and inserting “Does”.
Amend sec. 3, page 3, line 9, by deleting “Are citizens” and inserting: “Is a citizen”.
Amend sec. 3, page 3, by deleting line 10 and inserting:
“(e) Is a resident of the State of Nevada and has been for at”.
Amend sec. 3, page 3, between lines 11 and 12, by inserting:
“3. The Governor shall appoint one member to the Board who:
(a) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;
(b) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;
(c) Is a citizen of the United States; and
(d) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.”.
Amend the bill as a whole by deleting sec. 5 and
renumbering sec. 6 as
sec. 4.
Amend sec. 6, page 4, line 19, by deleting: “2 and 3” and inserting: “1 and 2”.
Amend the title of the bill, first and second lines, by deleting: “defining the term “accredited”;”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 534.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 4.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 396.
Bill read third time.
The following amendment was proposed by Assemblymen Giunchigliani and Williams:
Amendment No. 192.
Amend section 1, page 1, line 2, by deleting “pilot”.
Amend section 1, page 1, line 7, by deleting “$135,000,000” and inserting “$230,000,000”.
Amend section 1, page 1, line 9, by deleting: “five existing schools” and inserting: “10 existing older schools, including, without limitation, inner city schools,”.
Amend section 1, page 2, line 2, by deleting “renovation or”.
Amend section 1, page 2, line 4, after “policy.” by inserting: “The schools selected must include elementary schools, at least one middle school or junior high school and at least one high school.”
Amend section 1, page 2, line 7, by deleting “2006.” and inserting “2008.”.
Amend section 1, page 2, line 11, by deleting “pilot”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. The Legislature hereby encourages:
1. The Clark County School District to continue to construct and reconstruct schools by using natural lighting (commonly referred to as “daylighting”), multiple stories for buildings when appropriate, solar and other renewable energy sources, and other innovative building designs and plans to provide an effective and ideal learning environment for pupils.
2. The remaining school districts throughout this state to establish plans to reconstruct older schools, including, without limitation, inner city schools, by using daylighting, multiple stories when appropriate, solar and other renewable energy sources, and other innovative building designs and plans to provide an effective and ideal learning environment for pupils.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public schools; requiring the Clark County School District to continue its program for the replacement of certain schools; authorizing the Clark County School District to use a certain amount of money from its Fund for Capital Projects to finance the replacement of schools designated for its program; encouraging school districts throughout this state to use certain innovative designs and resources in reconstructing certain schools; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Clark County School District to continue program for replacement of certain schools. (BDR S‑1007)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 30.
Bill read third time.
Remarks by Assemblymen McClain, Gustavson, and Gibbons.
Roll call on Assembly Bill No. 30:
Yeas—40.
Nays—Gustavson.
Excused—Arberry.
Assembly Bill No. 30 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:57 a.m.
ASSEMBLY IN SESSION
At 11:58 a.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Assembly Bill No. 77.
Bill read third time.
Remarks by Assemblywoman Angle.
Roll call on Assembly Bill No. 77:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 77 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 78.
Bill read third time.
Remarks by Assemblyman McCleary.
Roll call on Assembly Bill No. 78:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 78 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 95.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 95:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 95 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 107.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 107:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 107 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 322.
Bill read third time.
Remarks by Assemblyman Conklin.
Roll call on Assembly Bill No. 322:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 322 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 336.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 336:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 336 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman
Buckley, the privilege of the floor of the Assembly Chamber for this day was
extended to Ann Bogatz and
Sydney Bogatz.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Liz Lopez.
On request of Assemblywoman
Gibbons, the privilege of the floor of the Assembly Chamber for this day was
extended to Aubrey Block,
Grace Chittenden, Erin Creger, Ashley Crook, Emily Gadbois,
Jordan Harloff, Beauttie Kuture, Varun Prasad, Anthony Salerno, Joel Sax,
Natasha Shukla, Haley Spector, Aaron Spero, Conner Zundel,
Phyllis Gardner, Susan Crook, Sherri Gadbois, Jennifer Spector, Kenji Sax,
Suman Prasad, Heather Thompson, Lindsey Nunn, April West, Debbie West, and Rose
West.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 9, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:14 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon