THE NINETY-THIRD DAY

                               

 

Carson City (Tuesday), May 6, 2003

 

    Assembly called to order at 11:19 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Stan Friend.

    God of strength and gentleness, we are thankful for those who use their power not to exploit others but to defend and protect those who are vulnerable to exploitation. Help our Nevada Legislators to always seek only Your favor and to pass every test of their motives in serving others, as did Your Son, our example. In Your Name we pray.

Amen.

    Pledge of Allegiance to the Flag.

    Assemblywoman Buckley 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 Senate Bill No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 183, 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 Government Affairs, to which were referred Senate Bills Nos. 141, 240, 359, 439, 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 Senate Bill
No. 200, 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 Health and Human Services, to which was referred Senate Bill No. 287, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was referred
Senate Concurrent Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Ellen Koivisto, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Senate Bill No. 266, 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 were referred Senate Bills Nos. 40, 48, 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 Senate Bill No. 43, 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 Senate Bill No. 204, 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

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Senate Bill No. 94, 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

Mr. Speaker:

    Your Concurrent Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 127, 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 Transportation, to which was referred Senate Bill No. 237, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 13, 16, 516, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 325, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 396, 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 referred Senate Bill No. 408, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Vice Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 5, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 126, 138, 192, 208, 226, 237, 275, 301, 346, 367, 407, 489;
Senate Bill No. 406.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 55, Senate Amendment No. 495, and requests a conference, and appointed Senators Nolan, Washington, and Wiener as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 58, 100.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Appointment Of Conference Committees

    Mr. Speaker appointed Assemblymen Conklin, Carpenter, and Claborn as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 55.

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblyman Parks:

    Assembly Concurrent Resolution No. 19—Directing the Legislative Commission to conduct an interim study of telecommunication services in this state.

    Assemblyman Parks moved that the resolution be referred to the Concurrent Committees on Commerce and Labor, and Elections, Procedures, and Ethics.

    Motion carried.

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

    Assembly Concurrent Resolution No. 20—Memorializing former Assemblyman and longtime educator James Edward Smalley, Sr.

    Whereas, The members of the 72nd Session of the Nevada Legislature join the family and friends, and the residents of his beloved City of Henderson, in mourning the loss of James Edward Smalley, Sr. who died April 5, 2003; and

    Whereas, Born December 1, 1924, in Peebles, Ohio, James Smalley served as a sergeant in the Army Air Corps and flew 38 missions over Europe during World War II; and

    Whereas, After the war, James Smalley resumed his education and earned his bachelor’s and master’s degrees in United States history at Ohio State University; and

    Whereas, James Smalley, who began his teaching career in Nevada in 1949 at the old Fifth Street School in Las Vegas and who also taught briefly in North Las Vegas, spent most of his years as a teacher in Henderson, where he taught social studies at Burkholder Middle School until his retirement in 1982; and

    Whereas, Concerns about air and water pollution in the Las Vegas Valley and the increasing need for state funding for education convinced James Smalley to throw his hat into the political ring to pursue his desire to work toward the good of his chosen state; and

    Whereas, Elected to the Assembly in 1970 and again in 1972, James Smalley served on the Committee on Education, the Committee on Health and Welfare, the Committee on Taxation, and the Committee on Environment and Public Resources; and

    Whereas, Assemblyman Smalley fought to maintain a clean work environment in the industrial businesses in the State, and the many bills he sponsored for the benefit of the residents of Nevada included legislation that would strengthen the state Office of Consumer Affairs; and

    Whereas, When talk of consolidation and annexations in Clark County arose in the
mid-1970s, James Smalley stood against any action that would swallow up Henderson and vowed to do whatever was needed to maintain Henderson’s autonomy and identity; and

    Whereas, In 2002, James Smalley and his wife Rae, who were both very active in Henderson civic affairs, were named Distinguished Nevadans by the Board of Regents of the University of Nevada in recognition of their contributions to the State; and

    Whereas, James Smalley is survived by his wife Rae, son Ed Smalley, daughters Alicia Smalley and Esther Cothrun, and seven grandchildren; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 2003 Nevada Legislature extend their deepest sympathies to the family and friends of James Smalley and to the residents of Henderson who were the primary recipients of the dedication and service of this caring man with a quiet demeanor; and be it further

    Resolved, That the many people whose education was enhanced in the classrooms of James Smalley will remember and strive to live what he taught in his classes and by the example of his life; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Rae, his loving wife of 57 years.

    Assemblyman Brown moved the adoption of the resolution.

    Remarks by Assemblymen Brown, Hardy, and Buckley.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Brown:

    Thank you, Mr. Speaker. It was just last week that we conducted our Floor Session in the old Assembly Chambers in the State Capitol. At that time, we reflected on the Legislature moving into its new building for the start of the 1971 Session. Assemblyman James Smalley was elected in 1970 and was one of ten freshmen members of the Nevada Assembly when it convened for the first time in the new Legislative Building on January 18, 1971.

    As today’s resolution indicates, Assemblyman Smalley served two terms in the Assembly. He was interested in a number of important issues, including education funding, air and water quality, ensuring a clean work environment in the State’s industrial businesses, and strengthening the Office of Consumer Affairs.

    When talk arose in the mid-1970s concerning possible consolidations or annexations in Clark County, Jim worked diligently to maintain Henderson’s autonomy. Because of the efforts of Jim and others, the city of Henderson was able to maintain its sovereignty. The Henderson community has thrived and continued to grow in a positive manner. When Jim was first elected to the Assembly in 1970, Henderson had a population of 16,395. The 2000 Census showed Henderson’s population had reached over 175,381. Henderson is now Nevada’s second largest city.

    The resolution does not mention that Assemblyman Smalley served as the vice chairman of the Assembly Committee on Taxation for the 1973 Session. During that session, the Taxation Committee addressed a number of significant tax issues, including the Motor Vehicle Fuel Tax, the Special Fuel Tax, the Real Property Transfer Tax, the Vehicle Privilege Tax, and the taxation of agricultural and open space lands. We could certainly use the expertise of Jim Smalley today as we continue to struggle with tax issues.

    Jim Smalley was a farsighted individual who knew that big changes were in store for Nevada and he was always looking out for the well-being of others. For example, in 1971, Nevada law prohibited discriminatory employment practices based on a person’s race, color, religion, sex, or national origin. Because of the legislation passed that year, which was sponsored by Assemblyman Smalley and Eileen Brookman, persons with visual or physical handicaps were added to that list. Also in 1971, Jim sponsored Assembly Bill 606 in response to increases in the number of stolen vehicles and certain fraudulent activities related to vehicle sales. That measure, which was passed and signed into law, made it illegal for any person to alter, destruct, or deface the identification numbers on a vehicle or its motor. This was an important early law relating to motor vehicles to protect consumers and prohibit certain practices.

    In closing, I would like to quote from a German author, Schiller, who wrote, “He who has done his best for his own times has lived for all times.”  Jim Smalley always gave his best, for his family, his community, and the State. Nevada is a better place because of Jim Smalley’s contributions.

    Assemblyman Hardy:

    Thank you, Mr. Speaker. I rise in support of ACR 20. I would be remiss if I did not pay tribute to James Smalley. I would choose to do so by honoring his wife, Rae. I have had the privilege of knowing this couple for about 15 years and have been singularly impressed with the dedication and devotion that Rae, his wife, paid to him. I would have all of us reflect on those of us who have been helped in so many ways by our spouses, and all that they have done for us. I would like to pay tribute to Rae for the dedication and the time she spent during the many years James Smalley’s health deteriorated and led to his eventual demise. The small acts that he did in the Assembly were no greater than the small acts that he did with his family. My tribute goes to the family and to his wife, as well as to James Smalley. It is a wonderful family. Thank you, Mr. Speaker.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I, too, rise in support of the resolution. I did not know Mr. Smalley, but I have known and worked with Alicia over the years. It is no surprise to see where she gets her ideals and her commitment to making our State better. She comes by it honestly.

    Resolution adopted unanimously.

    Assemblyman Brown moved that all rules be suspended and that Assembly Concurrent Resolution No. 20 be immediately transmitted to the Senate.

    Motion carried unanimously.

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

    Assembly Concurrent Resolution No. 21—Declaring that preservation of Walker Lake’s freshwater ecosystem is in the public interest.

    Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    By the Committee on Transportation:

    Assembly Concurrent Resolution No. 22—Commending the Highway Watch program and the planned participation of the Nevada Motor Transport Association in this nationwide effort to improve the safety and security of America’s highways.

    Whereas, Trucking is a large and diverse industry with more than 3 million drivers who are a potential army of eyes and ears to monitor for security threats and highway dangers; and

    Whereas, There has been a sharp increase in traffic congestion, crime and road rage that make our nation’s highways more treacherous and make providing assistance to those in need more challenging than ever before in our history; and

    Whereas, There are more than 83,000 wireless calls from motorists to emergency centers each day, but many callers do not know their location, particularly at night or during the emotional strain of an emergency situation, and there are more than 41,000 traffic fatalities each year with approximately half of these deaths occurring before victims reach medical care facilities; and

    Whereas, Highway Watch, which began in Colorado in November 1998, strives to reduce the number of highway accidents, serious injuries and deaths through the identification of unsafe drivers, drunken driving, poor road or weather conditions, poor highway or construction zone signage, and motorists displaying road rage; and

    Whereas, Highway Watch is a volunteer effort of dedicated professional truck drivers who are committed to guarding the welfare of the motoring public and strengthening the security of the United States in these uncertain times; and

    Whereas, Through the Highway Watch program, an elite group of professional truck drivers are specially trained to use their wireless location and communication technology to report accidents, breakdowns, hazardous conditions and other highway dangers to an operator who takes the report from the driver and contacts the proper authorities as determined by each individual state; and

    Whereas, The American Trucking Associations, in partnership with the Federal Motor Carrier Safety Administration of the United States Department of Transportation, administers Highway Watch by providing grant money to participating states; and

    Whereas, The American Trucking Associations reports that Highway Watch is formed through a network of partnerships, including the trucking industry, law enforcement agencies, and state and federal departments of transportation; and

    Whereas, The state trucking associations are the heart of the Highway Watch program which is currently operating in Alabama, Arizona, Arkansas, Colorado, Florida, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Montana, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, Washington, West Virginia and Wisconsin; and

    Whereas, The Nevada Motor Transport Association is willing to operate the Highway Watch program within this state and establish the basic operational procedures of the program concerning, without limitation, driver qualification, training format, frequency of training sessions, and recruitment of drivers and safety directors; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the American Trucking Associations and the dedicated professional truck drivers participating in Highway Watch are hereby commended for their efforts to improve today’s travel environment and to increase the safety and security of the nation’s highways; and be it further

    Resolved, That the Nevada Motor Transport Association is hereby commended for its commitment to take on the responsibility of coordinating and administering the Highway Watch program in our state; and be it further

    Resolved, That, once it is implemented in Nevada, Highway Watch will make a significant contribution to highway safety and will aid the national effort to monitor potential security concerns; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Daryl E. Capurro, Managing Director of the Nevada Motor Transport Association.

    Assemblywoman Chowning moved the adoption of the resolution.

    Remarks by Assemblywoman Chowning.

    Resolution adopted unanimously.


MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 325 just reported out of committee, be placed at the top of the General File.

    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 11:44 a.m.

ASSEMBLY IN SESSION

    At 11:45 a.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 58.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 100.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 406.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 254.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 574.

    Amend section 1, page 1, line 3, by deleting “$667,590” and inserting “$156,500”.

    Amend section 1, page 1, line 10, by deleting “$308,400” and inserting “$146,800”.

    Amend section 1, page 2, line 3, by deleting “$44,200” and inserting “$15,000”.

    Amend section 1, page 2, line 15, by deleting “$66,000” and inserting “$51,880”.

    Amend section 1, page 2, line 21, by deleting “$49,096” and inserting “$26,000”.

    Amend section 1, page 2, between lines 31 and 32, by inserting:

    “8.  There is hereby appropriated from the State Highway Fund to the Motor Carrier Section of the Division of Compliance Enforcement of the Department of Motor Vehicles the sum of $34,000 for Fiscal Year 2002-2003 for an unanticipated shortfall in salaries and revenue. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 89.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 523.

    Amend the bill as a whole by deleting section 1, renumbering sec. 2 as section 1 and adding a new section designated sec. 2, following sec. 2, to read as follows:

    “Sec. 2.  NRS 178.415 is hereby amended to read as follows:

    178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.

    2.  [At] Except as otherwise provided in this subsection, at a hearing in open court, the [judge shall] court that orders the examination must receive the report of the examination . [and] If a justice’s court orders the examination of a defendant who is charged with a gross misdemeanor or felony, the district court must receive the report of the examination.

    3.  The court that receives the report of the examination shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one another’s witnesses.

    [3.] 4.  The court that receives the report of the examination shall then make and enter its finding of competence or incompetence.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to criminal procedure; revising the provision governing the time in which the court may order a determination of competency; providing that the district court must determine the competency of a defendant to stand trial under certain circumstances; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 363.

    Bill read second time and ordered to third reading.

    Senate Bill No. 378.

    Bill read second time and ordered to third reading.

general file and third reading

    Assembly Bill No. 325.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 614.

    Amend sec. 10, page 4, line 26, by deleting “ownership” and inserting “title”.

    Amend sec. 33, page 16, by deleting line 9 and inserting: “must have in his possession the certificate of [ownership or a bill of”.

    Assemblywoman Buckley moved the adoption of the amendment.

    Remarks by Assemblywoman Buckley.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed, and to third reading.

    Assembly Bill No. 25.

    Bill read third time.

    Remarks by Assemblywoman Leslie.

    Roll call on Assembly Bill No. 25:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 25 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 6, 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. 34.

Mary Jo Mongelli

Assistant Secretary of the Senate

 


MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 34.

    Assemblyman Carpenter moved the adoption of the resolution.

    Remarks by Assemblymen Carpenter, Perkins, Giunchigliani, Anderson, Marvel, and Geddes.

    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 12:18 p.m.

ASSEMBLY IN SESSION

    At 12:31 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

general file and third reading

    Assembly Bill No. 473.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 473:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 473 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    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 12:34 p.m.

ASSEMBLY IN SESSION

    At 12:38 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

    Assembly Bill No. 518.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 624.

    Amend sec. 2, page 3, by deleting lines 7 through 16 and inserting: “appoint an interim committee to conduct a study of issues relating to the allocation of limousines. The interim committee must be composed of six voting members as follows:

    (a) Three members of the Transportation Services Authority; and

    (b) Three members who represent certificated owners of limousines in this state. One of the six voting members so appointed must also be appointed as Chairman of the committee.”.

    Amend sec. 2, page 3, by deleting lines 27 through 33 and inserting:

    “3.  The Director of the Legislative Counsel Bureau shall provide or cause to be provided to the committee such staff assistance as the Chairman of the committee may determine to be necessary for the committee to carry out its duties.

    4.  The committee shall, on or before July 1, 2004, submit the results of the study to the Legislative Commission. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

    5.  Each member of the committee who is not an officer or employee of the State shall serve without compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid out of the Transportation Services Authority Regulatory Fund created by NRS 706.1516.

    6.  Each member of the committee who is an officer or employee of the State must be relieved from his duties without loss of his regular compensation so that he may attend meetings of the committee. Such a member shall serve on the committee without additional compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency which employs him from the Transportation Services Authority Regulatory Fund created by NRS 706.1516.”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed, and to third reading.

    Assembly Joint Resolution No. 3 of the 71st Session.

    Resolution read.

    Remarks by Assemblyman Mortenson.

    Roll call on Assembly Joint Resolution No. 3 of the 71st Session:

    Yeas—42.

    Nays—None.

    Assembly Joint Resolution No. 3 of the 71st Session having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Resolution ordered transmitted to the Senate.

    Assembly Joint Resolution No. 12.

    Resolution read.

    Remarks by Assemblyman Mortenson.

    Roll call on Assembly Joint Resolution No. 12:

    Yeas—42.

    Nays—None.

    Assembly Joint Resolution No. 12 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

    Senate Bill No. 79.

    Bill read third time.

    Remarks by Assemblywoman Weber.

    Roll call on Senate Bill No. 79:

    Yeas—42.

    Nays—None.

    Senate Bill No. 79 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 84.

    Bill read third time.

    Remarks by Assemblywoman McClain.

    Roll call on Senate Bill No. 84:

    Yeas—42.

    Nays—None.

    Senate Bill No. 84 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 107.

    Bill read third time.

    Remarks by Assemblyman Sherer.

    Roll call on Senate Bill No. 107:

    Yeas—42.

    Nays—None.

    Senate Bill No. 107 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 113.

    Bill read third time.

    Remarks by Assemblyman Knecht.

    Roll call on Senate Bill No. 113:

    Yeas—42.

    Nays—None.

    Senate Bill No. 113 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.


MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the reading of Histories of all bills on General File be dispensed with for this legislative day.

    Motion carried.

general file and third reading

    Senate Bill No. 172.

    Bill read third time.

    Remarks by Assemblyman Conklin.

    Roll call on Senate Bill No. 172:

    Yeas—42.

    Nays—None.

    Senate Bill No. 172 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 224.

    Bill read third time.

    Remarks by Assemblyman Conklin.

    Roll call on Senate Bill No. 224:

    Yeas—42.

    Nays—None.

    Senate Bill No. 224 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 269.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Senate Bill No. 269:

    Yeas—42.

    Nays—None.

    Senate Bill No. 269 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 277.

    Bill read third time.

    Remarks by Assemblywoman Pierce.

    Roll call on Senate Bill No. 277:

    Yeas—42.

    Nays—None.

    Senate Bill No. 277 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.


    Senate Bill No. 337.

    Bill read third time.

    Remarks by Assemblywoman Leslie.

    Roll call on Senate Bill No. 337:

    Yeas—42.

    Nays—None.

    Senate Bill No. 337 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 397.

    Bill read third time.

    Remarks by Assemblywoman Ohrenschall.

    Roll call on Senate Bill No. 397:

    Yeas—42.

    Nays—None.

    Senate Bill No. 397 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 325 just returned from the printer, be placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 325.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Assembly Bill No. 325:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 325 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 412.

    Bill read third time.

    Remarks by Assemblyman Mabey.

    Roll call on Senate Bill No. 412:

    Yeas—42.

    Nays—None.

    Senate Bill No. 412 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.


    Senate Bill No. 484.

    Bill read third time.

    Remarks by Assemblymen McCleary, Gustavson, Collins, Grady, and Anderson.

    Assemblymen Buckley, Oceguera, and Atkinson moved the previous question.

    Motion carried.

    The question being on the passage of Senate Bill No. 484.

    Roll call on Senate Bill No. 484:

    Yeas—42.

    Nays—None.

    Senate Bill No. 484 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Joint Resolution No. 1.

    Resolution read.

    Remarks by Assemblymen Collins and Angle.

    Conflict of interest declared by Assemblywoman Angle.

    Roll call on Senate Joint Resolution No. 1:

    Yeas—41.

    Nays—None.

    Not    Voting—Angle.

    Senate Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Resolution ordered transmitted to the Senate.

    Senate Joint Resolution No. 2.

    Resolution read.

    Remarks by Assemblymen Carpenter and Angle.

    Conflict of interest declared by Assemblywoman Angle.

    Roll call on Senate Joint Resolution No. 2:

    Yeas—41.

    Nays—None.

    Not    Voting—Angle.

    Senate Joint Resolution No. 2 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Resolution ordered transmitted to the Senate.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

        There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 17, 52, 82, 106, 113, 119, 178, 199, 206, 248,
299, 335, 409, 438; Assembly Concurrent Resolutions Nos. 16, 17;
Assembly Resolution No. 5; Senate Bills Nos. 65, 133, 350 and 395;
Senate Concurrent Resolution No. 33.


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 Jason Saville,
Zackary Borcher, Joanne Borromeo, Brian R. Bunch, Breanna P. Defoe,
Sean M. Dinnell, Marissa Fernandez, Shannon M. Garcia, Michael J. Givens, Jacob N. Greene, Elena M. Hawley, Sunhi K. Hesterlee, Karen C. Intong, Jason D. Lewis, Jennifer S. Mavis, Kevin M. Novosel, Benjamin F. Phillips, Christin Reynolds, William L. Squires, Charles A. Stacker,
Francisco Amaya, Tyler C. Clawson, Janelle Corbridge, Jeannie A. Erickson, Kristy L. Farson, Mimi G. Ferguson, Kimberly Gonzales, Rory B. Hastings, Phoebe A. Kemp, Julie A. Knapp, Virginia A. Leonard, Bart Miller,
Robert D. Morgan, Jonathan Mudaliar, Leah N. Russell, Alish Theofanides, Shawna L. Wall, Holli J. Wilson, and Krystal N. Wilson.

    On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to Freddy Gardea and Eddameka Hurd.

    On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Alicia Smalley and
Brook Arigoni.

    On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Dorothy Gallagher,
Tom Gallagher, Frank Gallagher, and Thomas H. Gallagher.

    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Brandon Ibarra,
Carla Jackson, and Amy B. Levine.

    On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Lorna Weaver and Kaitlin Backlund.

    On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Moniqua Johnson and Abony Moore.

    On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Jasmine Coles and
Nomeka Draggon.

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Joe DiLonardo.

    On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Stewart and
Jacori Tatum.

    On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa Valles and
Norian Williams.

    On request of Assemblyman Mabey, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Breeden,
Warren Volker, Sandy Koch, Jeff Wrightson, and Carl Allen.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Amanda Willfong and Losang DuBois.

    On request of Assemblyman McCleary, the privilege of the floor of the Assembly Chamber for this day was extended to Yumika Tatum and Antoinette Turks.

    On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Nichols and
Doreen Nichols.

    On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Curtis Jones,
Daphanne Thomas, Rhonda Simmons, Virgil Hurde, Stephon Wimberly, Curtis Jones, and Briget Jones.

    Assemblywoman Buckley moved that the Assembly adjourn until Friday, May 9, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 1:18 p.m. 

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly