THE FORTY-FOURTH DAY

                               

 

Carson City (Tuesday), March 18, 2003

 

    Assembly called to order at 11:20 a.m.

    Mr. Speaker pro Tempore presiding.

    Roll called.

    All present except Assemblywoman Angle, who was excused.

    Prayer by the Chaplain, Pastor Patrick Propster.

    Heavenly Father, the times before our nation are frightening, as well as uniting. Our Gracious God, you have birthed into each of us the core values of liberty and justice for all, not just for ourselves as Americans, but for all. These two are joined together as if in a marriage. As a people and a nation we shall not commit adultery against these values. Give us and our leaders the wisdom to know exactly what to do and the courage and strength to do it. Please protect our people and the country You have given to us as we stand true in the commitment of our word.

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 17, 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. 31, 35, 68, 96, 150, 159.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 31.

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

    Motion carried.

    Senate Bill No. 35.

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

    Motion carried.

    Senate Bill No. 68.

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

    Motion carried.

    Senate Bill No. 96.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 150.

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

    Motion carried.

    Senate Bill No. 159.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 140.

    Bill read second time and ordered to third reading.

    Senate Bill No. 57.

    Bill read second time and ordered to third reading.

general file and third reading

    Assembly Bill No. 135.

    Bill read third time.

    Remarks by Assemblywoman Weber.

    Roll call on Assembly Bill No. 135:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 135 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 147.

    Bill read third time.

    Remarks by Assemblyman Oceguera.

    Roll call on Assembly Bill No. 147:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 147 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 18, 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. 22.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 22.

    Assemblyman Anderson moved the adoption of the resolution.

    Remarks by Assemblyman Anderson.

    Assemblyman Anderson requested that his remarks be entered in the Journal.

    Thank you, Mr. Speaker pro Tempore. It is hard to imagine a life that is more full and should be more celebrated than that of Dr. Edmund Cain. When I came to the campus of the University of Nevada as a freshman in 1961-62, the College of Education was stuck in a building called Thompson Education. It was an old building that had been there for some time. When I returned from the Army in 1964 it had not changed. When I left the campus we were in a beautiful new building, having moved forward under Dean Cain’s direction. The nature of my profession has changed dramatically because of his influence. Would-be teachers starting out on the road had not been exposed to the classroom until they were expected to do their student teaching. Now students are encouraged and are brought to classrooms in their second year of education so they can have a hands-on approach and they don’t get stuck believing that teaching is somewhat akin to the learning experience of college. That is a dramatic step. Dean Cain was always up to the challenge of being prepared. My uncle went to college with Dean Cain in Chico. They both were in music together. Arch Hooper and he played in the same band, sharing a continued love for jazz and music. Dean Cain had a love and celebration of life that all of us could only hope for. His legacy is a life of celebration. While the monuments of a building are pleasant to look at and leave a lasting legacy, it is in the hearts of the teachers that he has touched where his legacy will forever live. For that, Mr. Speaker, I encourage my colleagues to vote in support of this resolution.

    Resolution adopted unanimously.

    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 11:47 a.m.

ASSEMBLY IN SESSION

    At 12:23 p.m.

    Mr. Speaker presiding.

    Quorum present.

general file and third reading

    Assembly Bill No. 162.

    Bill read third time.

    Remarks by Assemblyman Goldwater.


    Roll call on Assembly Bill No. 162:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 162 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 203.

    Bill read third time.

    Remarks by Assemblymen Williams and Mortenson.

    Roll call on Assembly Bill No. 203:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 203 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 216.

    Bill read third time.

    Remarks by Assemblyman Hardy.

    Roll call on Assembly Bill No. 216:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 216 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 218.

    Bill read third time.

    Remarks by Assemblymen Horne and Hardy.

    Roll call on Assembly Bill No. 218:

    Yeas—41.

    Nays—None.

    Excused—Angle.

    Assembly Bill No. 218 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 224

    Bill read third time.

    Remarks by Assemblywoman Pierce.

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

    Assembly in recess at 12:40 p.m.


ASSEMBLY IN SESSION

    At 12:41 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Manendo moved that Assembly Bill No. 224 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

general file and third reading

    Assembly Bill No. 232.

    Bill read third time.

    The following amendment was proposed by Assemblyman Hettrick:

    Amendment No. 64.

    Amend sec. 6, pages 3 and 4, by deleting line 44 on page 3 and lines 1 and 2 on page 4, and inserting: “or services” means an unsolicited telephone call to:”.

    Amend sec. 6, page 4, line 11, after “2.” by inserting: “The term does not include:

    (a) A telephone call on behalf of a charitable organization, political party or candidate for public office; or

    (b) A telephone call to a person by a caller if the caller:

        (1) Not earlier than 18 months before the telephone call:

            (I) Rented, leased or sold a good or service to the person; or

            (II) Engaged in a financial transaction with the person;

        (2) Has complied with all applicable state and federal requirements for maintaining a record of each person who has requested that the caller not make unsolicited telephone calls for the sale of goods or services to the person; and

        (3) Provides annually to each person with whom the caller has an established business relationship a separate written statement which:

            (I) States that such a person may request that the caller not make unsolicited telephone calls for the sale of goods or services to the person;

            (II) States that the separate written statement is being provided pursuant to the provisions of this paragraph;

            (III) States that the person may obtain information concerning the provisions of this paragraph by contacting the Consumer’s Advocate or the caller; and

            (IV) Provides the mailing address, telephone number and address for electronic mail for the Consumer’s Advocate and the caller.

    3.”.

    Amend sec. 6, page 4, line 35, by deleting “3.” and inserting “4.”.

    Amend sec. 6, page 4, line 38, after “made;” by inserting “or”.

    Amend sec. 6, page 4, by deleting lines 39 through 41.

    Amend sec. 6, page 4, line 42, by deleting “(c)” and inserting “(b)”.

    Assemblyman Hettrick moved the adoption of the amendment.

    Remarks by Assemblymen Hettrick, Conklin, and Christensen.

    Amendment lost on a division of the House.

    Remarks by Assemblymen Conklin, Goldwater, Brown, Beers, and Knecht.        

    Assemblywoman Buckley rose to a point of order regarding the content of remarks.

    Mr. Speaker ruled that there was improper content in remarks.

    Roll call on Assembly Bill No. 232:

    Yeas—37.

    Nays—Carpenter, Christensen, Hettrick, Marvel—4.

    Excused—Angle.

    Assembly Bill No. 232 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed
Senate Concurrent Resolution No. 17.

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 Virginia Cain,
Sam McMullen, Mary Ellen Cain McMullen, and Janice Goodhue.

    On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to Verlia D. Hoggard.

    Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, March 19, 2003, at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 12:56 p.m.               

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly