THE FIFTEENTH DAY

                               

 

Carson City (Monday), February 17, 2003

 

    Assembly called to order at 11:17 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Albert Tilstra.

    Some great men have led our nation, Father. Thank you for George Washington, our first president, and for Abraham Lincoln, a man of tremendous moral courage who helped lead us through our darkest days. Thank you for the succession of presidents who have helped us recover from the many varied crises that have arisen along our way. These men who have gone before us have lit our way, now may we give to those who come behind us our faith. Today the members and officers of this Body unite their petition for Your blessing. We ask for Your guidance and Your help, that this Body may do what is best for the people and do what is right in Your sight. Give to these, Your servants, the will to work together as a team for the welfare of all our people.

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.

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen McClain, Koivisto, Manendo, Parks, Conklin, Anderson, Andonov, Atkinson, Buckley, Carpenter, Chowning, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Goicoechea, Grady, Griffin, Hettrick, Leslie, Marvel, Mortenson, Oceguera, Ohrenschall, Pierce, and Williams:

    Assembly Joint Resolution No. 1—Proposing to amend the Nevada Constitution to allow the Legislature to authorize the State to operate a lottery.

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 24 of Article 4 of the Nevada Constitution be amended to read:

    [Sec:] Sec. 24. 1.  [Except as otherwise provided in subsection 2, no lottery may be authorized by this State, nor may lottery tickets be sold.] The legislature may authorize a lottery to be operated by the State of Nevada. If the legislature authorizes such a lottery, the legislature shall, by law:

    (a) Determine the appropriate manner of operation for the lottery; and

    (b) Provide by appropriation for the disbursements of the proceeds of the lottery, less expenses directly related to the operation of the lottery.

    2.  The [State and the] political subdivisions [thereof] of this state shall not operate a lottery.

    3.  The legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this state. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The legislature may provide by law for the regulation of such lotteries.

    Assemblywoman McClain moved that the resolution be referred to the Committee on Constitutional Amendments.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

        By Assemblymen Perkins, Leslie, Parks, Gibbons, Knecht, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Pierce, Sherer, Weber, and Williams; Senators Care, Carlton, O'Connell, Amodei, Cegavske, Hardy, McGinness, Neal, Nolan, Rhoads, Schneider, Shaffer, Townsend, Washington, and Wiener:

    Assembly Bill No. 148—AN ACT relating to higher education; requiring the Legislative Auditor to conduct an audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    By the Committee on Government Affairs:

    Assembly Bill No. 149—AN ACT relating to local government finance; authorizing a special district to petition the Department of Taxation for a conditional exemption from the requirement of providing for an annual audit under certain circumstances; excepting the receipt by a local government of certain revenue from the prohibition against the expenditure of any money or the incurrence of any liability by the local government in excess of the amounts appropriated for that function; and providing other matters properly relating thereto.

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

    Motion carried.

general file and third reading

    Assembly Bill No. 10.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Assembly Bill No. 10:

    Yeas—42.

    Nays—None.


    Assembly Bill No. 10 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 22.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 22:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 22 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 38.

    Bill read third time.

    Remarks by Assemblymen Horne, Buckley, Goldwater, Williams, and Anderson.

    Roll call on Assembly Bill No. 38:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 38 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 39.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Assembly Bill No. 39:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 39 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 69.

    Bill read third time.

    Remarks by Assemblyman Manendo.

    Assemblyman Manendo moved that Assembly Bill No. 69 be taken from the General File and re-referred to the Committee on Ways and Means.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen Williams, McClain, Arberry, Collins, and Manendo:

    Assembly Joint Resolution No. 2—Proposing to amend the Nevada Constitution to authorize participation by the State of Nevada in certain nonprofit governmental lotteries.

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 24 of Article 4 of the Nevada Constitution be amended to read as follows:

[Sec:] Sec. 24.  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, no lottery may be authorized by this State, nor may lottery tickets be sold.

    2.  The State [and the political subdivisions thereof] may, for the benefit of the State of Nevada, join one or more lotteries operated by a nonprofit association of states or other governmental entities. The legislature may provide by law for the manner of participation in such a lottery, the regulation of related activities and the distribution of any proceeds that accrue to the State. The political subdivisions of this State shall not operate a lottery. Except as otherwise provided in subsection 3, the legislature shall not authorize the operation of a private lottery.

    3.  The legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this state. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The legislature may provide by law for the regulation of such lotteries.

    Assemblyman Williams moved that the resolution be referred to the Committee on Constitutional Amendments.

    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 11:46 a.m.

ASSEMBLY IN SESSION

    At 11:52 a.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, February 17, 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. 8.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 8.

    Assemblyman Marvel moved the adoption of the resolution.

    Remarks by Assemblymen Marvel, Collins, and Carpenter.

    Resolution adopted unanimously.

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 Chloris Goodwin,
Cody Berry, and Jesse Berry.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Sewell, Brian Sewell, and Elena Brady.

    On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Starr Shiffler.

    On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Naomi DiMartino.

    On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Matt Polley and
Kevin Schiller.

    On request of Assemblyman Mabey, the privilege of the floor of the Assembly Chamber for this day was extended to Alecia Mabey.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Matt Parker,
William Parker, Carabeth Devine, Laurelie Brown, Marsha Leason,
Rosalie Morgan, and Kandice Jones.

    On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Boixo.

    Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, February 18, 2003, at 11:30 a.m.

    Motion carried.

    Assembly adjourned at 12:02 p.m.               

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly