THE FORTY-SIXTH DAY
Carson City (Thursday), March 20, 2003
Assembly called to order at 10:52 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Christensen and Pierce, who were excused.
Prayer by the Chaplain, Pastor Patrick Propster.
Lord of Heaven and Earth, our hearts are moved to prayer and concern as we find ourselves as a nation in the midst of battle this day with Iraq. We ask of Thee for a quick and victorious outcome. There are many kinds of peace and certain kinds are only found on the other side of war. The universal sign of surrender is the raising of hands above the head, which we have witnessed by some of Iraq's border troops. We pray that this will continue and that there will be a minimal loss of life. Lord, we yield our hearts in surrender to You and within our minds, we raise our hands to Your will and to Your way, not only in regard to “Enduring Freedom” but within all that we think, do, and say. To You be all the honor and the glory, now and forever.
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 Government Affairs, to which was referred Assembly Bill No. 290, 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 Concurrent Committee
on Government Affairs, to which was referred
Assembly Bill No. 310, 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 Concurrent Committee
on Health and Human Services, to which was referred
Assembly Bill No. 283, 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
Judiciary, to which was referred Assembly Bill No. 106, 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. 189, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Do pass.
Bernie Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 19, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day adopted
Assembly Concurrent Resolution No. 7; Senate Concurrent Resolution No. 11.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 146, 169, 186, 196, 231, 232.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Giunchigliani, Perkins, Buckley, Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber, and Williams; Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington, and Wiener:
Assembly Concurrent Resolution No. 8—Expressing support for American military troops again in harm’s way.
Whereas, Almost one-quarter of a million American men and women are engaged in war with Iraq; and
Whereas, These members of our Armed Forces are exposed to great danger and to the hazards and discomforts of the harshest of climates; and
Whereas, They have forsaken home, family and friends in obedience to the call of their country and fidelity to their oath of service; and
Whereas, They undertake this duty and prepare to make the ultimate sacrifice out of love for their country and the freedoms for which it stands; and
Whereas, The men and women leave behind spouses, children and parents who suffer great anxiety and make great sacrifices to enable our servicemen and women to fulfill their patriotic obligation; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature commends the noble, selfless and heroic efforts of our American servicemen and women; and be it further
Resolved, That the members of the Nevada Legislature join with all Nevadans in laying aside debates about the prudence of the cause in which our country is engaged and pray that this conflict may speedily end and that these brave men and women may return safely home to their families and friends; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Adjutant General of the Nevada National Guard and the Commanding Officer of Nellis Air Force Base.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblymen Giunchigliani, Anderson, Carpenter, Horne, Andonov, and Mortenson.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I felt it was appropriate for this Body, regardless of whether you support the war, or have reservations, to have the opportunity to let our troops and our families know that they are in our thoughts. That is the intent of this resolution, to make sure that we go on record saying we pray for peace and for everyone to come home safely, and we honor our men and women who are fighting on our behalf. Thank you, Mr. Speaker.
Assemblyman Anderson:
I rise in support of the resolution. It is always difficult in times of war and national security to face the reality of having to place our loved ones in such a position. The importance of the country standing together in support of our troops, and whom they represent, is essential. When those people stand out there, representing democracy and what it is supposed to achieve, they carry with them the support of every American. The gentleman from Assembly District 21 has pledged himself to that kind of honor, as have others in this group. We do not have anyone serving from our Body this session; however, family members are serving. I think it is absolutely essential that this resolution carries, to the troops from Nevada and to the National Guard, who are now making up close to a third of the military forces in the Gulf, not just in a quiet whisper kind of way, but in reality. As a small token I hope that we can do this with this resolution.
Assemblyman Carpenter:
Thank
you, Mr. Speaker. I rise in support of ACR 8. A number of times before I have
asked this Body to pray for my son, who flies tankers out of the Air National
Guard in Phoenix, Arizona. If you don’t know, the Air Guard has most of the
tankers in our nation. If it weren’t for the Air Guard, the tankers would not
be flying. My son has flown in all the skirmishes that we have had before, in
Iraq during Desert Storm and in Kosovo. He just returned from duty in Iraq. I
am sure if this skirmish lasts much longer he will be returning. I ask you to
pray for him and for all of our service people. It is a great sacrifice that
they do and a great sacrifice for their families. My son has three girls,
including a set of twins. It is hard to see him leave and to see those little
girls cling to him. I ask you to pray for him and for all our servicemen, that
they come back safely and that we will get another phase in our history behind
us. Thank you all very much for your prayers in the past, and I thank you for
the ones in the future and the ones today.
Thank you.
Assemblyman Horne:
Thank you, Mr. Speaker. I rise in support of ACR 8. I am from a military family. I myself had a short stint in the military. My father did two tours in Vietnam. My maternal grandfather was crippled in service during the Korean War. I particularly like this bill because it reminds us that while we may not always agree with the policy of our nation, I never disagree with my duty to support our troops, especially when they are put in harm’s way. It is important for us to remember they don’t make the policy. They only serve when we ask them to. They go and do their job, making their sacrifices. Since serving here, people keep telling me of the sacrifices that I have been making, but it pales in comparison to the sacrifices that are made by the men and women in the armed services and those civilian government employees who are indispensable and are also in harm’s way. While I will be able, God willing, to see the birth of my son next month, many of them will not be there for the birth of their children. Thank you, Mr. Speaker.
Assemblyman Andonov:
Thank
you, Mr. Speaker. I also rise in support of ACR 8. As a U.S. Army veteran
myself, who served overseas during the time of our last crisis in the Middle
East, I know firsthand how important it is to keep our soldiers, servicemen,
and servicewomen in our thoughts and prayers. As a Body, it is entirely
important that we support our troops. In times of crisis Americans have always
come together and Nevadans are no exception. We have always come together,
regardless of what we feel about the conflict. This conflict in Iraq will be no
exception. Our troops are well trained and prepared. I think it is appropriate
that we, as a legislature, commend the noble and selfless service of our
American servicemen and servicewomen. Thank you,
Mr. Speaker.
Assemblyman Mortenson:
Thank you, Mr. Speaker. I rise in support of this resolution. I would like to echo the words of my colleague from District 33. I have a son-in-law in harm’s way. My daughter lives in Tennessee, but my son-in-law, unfortunately, is in Afghanistan. He is not on the border of Iraq, but could be there rapidly. For that reason I rise in support.
Resolution adopted unanimously.
Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 8 be immediately transmitted to the Senate.
Motion carried unanimously.
Senate Concurrent Resolution No. 11.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Health and Human Services:
Assembly Bill No. 445—AN ACT relating to welfare; transferring certain duties relating to Medicaid from the Welfare Division of the Department of Human Resources to the Department of Human Resources and from the State Welfare Administrator to the Director of the Department of Human Resources; revising the definition of the “undivided estate” of a deceased recipient of Medicaid; requiring the Director of the Department of Human Resources to adopt certain regulations; providing that certain provisions of law do not apply to the recovery of money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid; repealing the requirement that the State Plan for Medicaid include a requirement that certain senior citizens are eligible for Medicaid for long-term care; 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.
By the Committee on Judiciary:
Assembly Bill No. 446—AN ACT relating to civil actions; providing certain limitations on the ability of a contractor to seek indemnification from a subcontractor who was not responsible for a constructional defect; requiring a contractor who repairs a constructional defect to pay for an independent person to supervise and inspect the repair and to provide a payment bond and performance bond to the claimant under certain circumstances; providing that a contract or agreement that limits or alters the damages that may be recovered for a constructional defect is void; requiring a court to revoke the license of a contractor if the contractor fails to correct or repair a constructional defect under certain circumstances; providing that a release or covenant not to sue given to a tortfeasor discharges the tortfeasor from liability for express indemnity under certain circumstances; providing that the dissolution of a corporation or limited-liability company does not impair certain claims, remedies or causes of action relating to a constructional defect; prohibiting a seller or contractor from including in certain contracts or agreements for the purchase and sale of real property a provision requiring binding or nonbinding arbitration; revising the provisions governing the commencement of a civil action by a unit-owners’ association; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
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 11:10 a.m.
ASSEMBLY IN SESSION
At 11:11 a.m.
Mr. Speaker Pro Tempore presiding.
Quorum present.
Senate Bill No. 146.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 169.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 186.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 196.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 231.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 232.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 149.
Bill read second time and ordered to third reading.
Assembly Bill No. 177.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 3.
Bill read second time and ordered to third reading.
Senate Bill No. 77.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 140, 224, and Senate Bill No. 57 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
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 11:19 a.m.
ASSEMBLY IN SESSION
At 11:20 a.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 20, 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. 23.
|
Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 23.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblymen Williams and Giunchigliani.
Resolution adopted unanimously.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no
objections, the Speaker and Chief Clerk signed
Senate Concurrent Resolutions Nos. 18 and 22.
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 Mark Geldmacher, Michaela Geldmacher, and Jeff Downs.
On request of Assemblywoman
Gibbons, the privilege of the floor of the Assembly Chamber for this day was
extended to Ann Burgess and
Lorraine Porter.
On
request of Assemblyman Hettrick, the privilege of the floor of the Assembly
Chamber for this day was extended to Maria Lenheart,
Vivian Maxwell, and Brett Maxwell.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Betsi Williams.
On request of Assemblyman McCleary, the privilege of the floor of the Assembly Chamber for this day was extended to Angie Gantman.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Dee Montooth.
On
request of Assemblyman Williams, the privilege of the floor of the Assembly
Chamber for this day was extended to Paul Abowd, Adele Abowd, Charlie Abowd,
Karen Abowd, Colette Burau, Scott Burau, and
Cyrina Abowd.
Assemblywoman Buckley moved that the Assembly adjourn until Friday, March 21, 2003, at 11:00 a.m. and that we do so in support of our military troops.
Motion carried.
Assembly adjourned at 11:35 a.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon