THE FIFTY-SEVENTH DAY
Carson City (Monday) March 31, 2003
Senate called to order at 11:12 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Larry Schneider.
We remember and affirm that there is a source of divine wisdom to
guide us as we practice the sacred trust of governing the people of Nevada. As
we are open and led by this source of divine wisdom, we achieve true harmony
and understanding. We also know this wisdom helps us to serve in unity with one
another and for the greater good of all Nevada citizens. Divine wisdom guides
us to greater good of all Nevada citizens. Divine wisdom guides us to easily
focus our individual talents and gifts into a shared vision of community. We
are thankful for divine wisdom and the rich blessings it bestows upon this
assembly and all the people we serve.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Government Affairs, to which were referred Senate Bills Nos. 170,
328, has had the same under consideration, and begs leave to report the same
back with the recommendation: Do pass.
Also,
your Committee on Government Affairs, to which were referred Senate Bills Nos.
109, 110, 112, 141, 195, 249, has had the same under consideration, and begs
leave to report the same back with the recommendation: Amend, and do pass as
amended.
Ann O'Connell, Chairman
Madam President
Your
Committee on Human Resources and Facilities, to which were referred Senate
Bills Nos. 254, 287, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Also,
your Committee on Human Resources and Facilities, to which were referred Senate
Bills Nos. 82, 253, 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 Human Resources and Facilities, to which was referred Senate
Concurrent Resolution No. 15, has had the same under consideration, and begs
leave to report the same back with the recommendation: Amend, and be adopted as
amended.
Raymond D. Rawson, Chairman
Madam
President:
Your
Committee on Judiciary, to which were referred Senate Bills Nos. 91, 199, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
Mark E. Amodei, Chairman
Madam
President:
Your
Committee on Legislative Affairs and Operations, to which were referred Senate
Bill No. 148; Senate Joint Resolution No. 6, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Do pass.
Also,
your Committee on Legislative Affairs and Operations, to which was referred
Senate Bill No. 221, has had the same under consideration, and begs leave
to report the same back with the recommendation: Amend, and do pass as amended.
Maurice E. Washington, Chairman
Madam
President:
Your
Committee on Taxation, to which was referred Senate Bill No. 353, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Mike McGinness, Chairman
Madam
President:
Your
Committee on Transportation, to which were referred Senate Bills Nos. 69, 116,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Amend, and do pass as amended.
Raymond C. Shaffer, Chairman
WAIVERS AND EXEMPTIONS
Notice
of Exemption
March 31, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of: Senate
Bills Nos. 22, 108, 242, 250, 275, 301, 302, 313, 319, 324, 325, 343, 362, 374,
381, 413, 414, 415, 416, 417, 418, 419, 461.
MOTIONS, RESOLUTIONS AND NOTICES
By Senator Coffin:
Senate Joint Resolution No. 9—Proposing to amend the Nevada Constitution to authorize the Legislature to convene at places other than the seat of government and clarifying the time by which the Legislature must adjourn each regular session sine die.
Resolved by the Senate and Assembly of the
State of Nevada, Jointly, That Section 1 of Article 4 of the Nevada
Constitution be amended to read as follows:
Section [.] 1.
The Legislative authority of this State
shall be vested in a Senate and Assembly which shall be designated “The
Legislature of the State of [Nevada” and the] Nevada.” The regular and special sessions of such Legislature shall
be held at the seat of government of the State [.] unless a majority
of the Legislature deems it necessary and appropriate to hold all or any
portion of a regular or special session at another place in the State. During a
session, the Legislature may by concurrent resolution designate another place
to hold all or any portion of the remainder of that session. During the interim
between regular sessions, upon petition transmitted to the Secretary of State
by a majority of the members of each House of the Legislature who would serve
at an upcoming regular or special session, all or any portion of the specified
session may be held at another place in the State designated in the petition. Upon
receipt of one or more substantially similar petitions, signed in the aggregate
by a majority of the members of each House of the Legislature, the Secretary of
State shall notify all members of the Legislature and the Governor of the
alternate location of the upcoming session and the days on which the alternate
site will be used.
And be it further,
Resolved, That Section 2 of Article 4
of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. The sessions of the
Legislature shall be biennial, and shall commence on the 1st Monday of February
following the election of members of the Assembly, unless the Governor of the
State shall, in the interim, convene the Legislature by proclamation.
2.
The Legislature shall adjourn sine die
each regular session not later than midnight [Pacific standard time 120
calendar days following its commencement.] on the 120th calendar day of the session. Any legislative action
taken after midnight [Pacific standard time] on the 120th calendar day
is void, unless the legislative action is conducted during a special session
convened by the Governor.
3. The
Governor shall submit the proposed executive budget to the Legislature not
later than 14 calendar days before the commencement of each regular session.
Senator Coffin moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senator Coffin:
Senate Concurrent Resolution No. 26—Amending the Joint Rules of the Senate and Assembly for the 72nd Session of the Legislature to clarify the time by which the Legislature must adjourn the session sine die.
Senator Coffin moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Senate Bill No. 492—AN ACT relating to taxes; imposing a tax on the gross revenue that a direct broadcast satellite television company derives from its sales of direct broadcast satellite television service to subscribers in this state; requiring the Department of Taxation to provide by regulation for the collection and enforcement of the tax; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Taxation.
Motion carried.
WAIVERS AND EXEMPTIONS
Waiver
of Joint Standing Rule(s)
A Waiver requested by Senate Standing Committee on Commerce and Labor.
For: Senate Bill No. 492.
To Waive:
Subsection 2 of Joint Standing Rule No. 14.
Subsection 1 of Joint Standing Rule No. 14.
With the following
conditions:
Must be introduced within 10 days
after delivery (if new BDR) March 19, 2003.
Has been granted effective:
March 19, 2003.
SECOND READING AND AMENDMENT
Senate Bill No. 40.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 57.
Amend section 1, pages 1 and 2, by deleting lines 2 through 17 on page 1 and lines 1 through 30 on page 2, and inserting:
“202.287 1. A person [, while in a motor vehicle, whether
under the influence of liquor, a controlled substance or otherwise,] who is in, on or under a structure or vehicle and who maliciously or
wantonly discharges or causes to be discharged [out of the motor vehicle, any pistol, gun or any other kind of
firearm:] a firearm within or from the structure or vehicle:
(a) If the [motor] structure or vehicle is not within an
area designated by city or county ordinance as a populated area for the purpose
of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the [motor] structure or vehicle is within an area
designated by city or county ordinance as a populated area for the purpose of
prohibiting the discharge of weapons, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 15 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
2. If a firearm is discharged within or out of
any vehicle that is in motion or at rest and it cannot with reasonable
certainty be ascertained in what county the crime was committed, the offender
may be arrested and tried in any county through which the vehicle may have run
on the trip during which the firearm was discharged.
3. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game
mammal or game bird pursuant to subsection 2 of NRS 503.010 . [; or]
(b) A peace officer while engaged in the
performance of his official duties.
(c) A
person who discharges a firearm in a lawful manner and in the course of a
lawful business, event or activity.
4. As used in this section:
(a) “Structure”
means any temporary or permanent structure, including, but not limited to, any
tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn,
stable, outhouse or other building.
(b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.”.
Amend the title of the bill by deleting the second line and inserting:
“from a structure or vehicle under certain”.
Amend the summary of the bill to read as follows:
“SUMMARY—Prohibits discharge of firearm from structure or vehicle under certain circumstances. (BDR 15-887)”.
Senator Amodei moved the adoption of the amendment.
Remark by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 105.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 28.
Amend section 1, pages 1 and 2, by deleting lines 2 through 11 on page 1 and lines 1 through 41 on page 2, and inserting:
“206.330 1. Unless a greater
criminal penalty is provided by a specific statute, a person who places
graffiti on or otherwise defaces the public or private property, real or
personal, of another, without the permission of the owner [is guilty of a public offense, as
prescribed in NRS 193.155, proportionate to the value of the property damaged
or destroyed and in no event less than a misdemeanor.] :
(a) Where
the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where
the value of the loss is $250 or more but less than $5,000, is guilty of a
gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. For purposes of determining the grade of the
penalty prescribed in subsection 1, the value of the property damaged or
destroyed from the commission of multiple offenses may be aggregated if one or
more persons commit the offenses pursuant to a scheme or continuing course of
conduct.
3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than 50 hours, but not more than 99 hours, of community service.
(b) For the second offense, perform not less than 100 hours, but not more than 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than 200 hours of community service.
The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
[3.] 4. The parent or legal guardian of a person under the age of [17] 18 years who violates this section is liable for all fines and
penalties imposed against the person. If the parent or legal guardian is unable
to pay the fine and penalties resulting from a violation of this section
because of financial hardship, the court may require the parent or legal
guardian to perform community service.
[4.]
5. If a person who is 18 years of age or older is found guilty of
violating this section, the court may issue an order suspending the driver’s
license of the person for a period not to exceed [6] 12 months in
addition to any other penalty imposed. If such an order is issued, the court
shall require the person to surrender all driver’s licenses then held by the
person. If the person does not possess a driver’s license, the court may issue
an order prohibiting the person from applying for a driver’s license within the
[6] 12 months immediately following the
date of the order. The court shall, within 5 days after issuing the order,
forward to the Department of Motor Vehicles any licenses together with a copy
of the order.
[5.] 6. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
[6.] 7. A criminal penalty imposed pursuant to this section is in addition
to any civil penalty or other remedy available pursuant to another statute for
the same conduct.
8. As used in this section, “impairment” means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.”.
Amend the title of the bill to read as follows:
“AN ACT relating to graffiti; making various changes to the provisions pertaining to the crime of placing graffiti on or otherwise defacing property; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions pertaining to crime of placing graffiti on or otherwise defacing property. (BDR 15‑375)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 134.
Bill read second time and ordered to third reading.
Senate Bill No. 197.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 60.
Amend sec. 15, page 3, line 4, after “15.” by deleting “1.”.
Amend sec. 15, page 3, by deleting lines 5 through 8 and inserting:
“parent or a state or local agency, who is legally responsible for the care, custody or support of a child.”.
Amend sec. 43, page 7, line 4, after “court” by inserting: “or the chief judge of the judicial district”.
Amend sec. 43, page 7, line 19, after “court” by inserting: “or the chief judge of the judicial district”.
Amend sec. 169, page 65, line 1, after “action” by deleting: “in district court”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 286.
Bill read second time and ordered to third reading.
Senate Bill No. 396.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 2.
Resolution read second time and ordered to third reading.
Assembly Bill No. 90.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 7.
Bill read third time.
Roll call on Senate Bill No. 7:
Yeas—21.
Nays—None.
Senate Bill No. 7 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 137.
Bill read third time.
Roll call on Senate Bill No. 137:
Yeas—21.
Nays—None.
Senate Bill No. 137 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 224.
Bill read third time.
Remarks by Senators Neal and Titus.
Roll call on Senate Bill No. 224:
Yeas—21.
Nays—None.
Senate Bill No. 224 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 31, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 13.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution
No. 13—Designating March 31, 2003, as Homeless
Awareness Day in Nevada.
Whereas, The 2002
Needs Assessment report from the Division of Mental Health and
Developmental Services of the Department of Human Resources indicates there
were 7,612 people in homeless shelters in Las Vegas and Reno in the year
2000, with a need to serve at least 16,049 people, and with 42 percent of these
being families with children under 18 years of age; and
Whereas, Recent estimates from service
and housing providers indicate there are at least 16,300 literally homeless and
precariously housed people in the greater Las Vegas area and approximately
6,500 literally homeless and precariously housed people in the Reno and Sparks
area; and
Whereas, Nationally, approximately 11
percent of homeless people are veterans, but nearly one-third of the homeless
population in Clark County are veterans; and
Whereas, In Nevada, approximately 55
percent of the homeless population are white, 35 percent are
African-American and 10 percent are Latino; and
Whereas, Studies indicate that between
70 and 80 percent of the homeless people in Nevada are unemployed, while those
who are employed work day-labor jobs earning less than $400 a month; and
Whereas, According to service and
housing providers, the major barriers homeless people face in trying to find
employment are the lack of child care, unmet needs regarding transportation,
disqualifying criminal backgrounds, inability to afford a Sheriff’s card or
other costs, and potential employers’ distrust and lack of understanding about
their situation; and
Whereas, The “Focus on Homeless
Families with Children Policy Academy,” a federally sponsored program
consisting of key state and local administrators, state Legislators and
nonprofit executives has prepared a “State Action Plan,” and continues to meet
and gather data on various aspects of homelessness, including establishing
baseline data on the homeless client population, developing an inventory of
affordable housing units, and developing an inventory of services for homeless
clients; and
Whereas, The Task Force for the Fund
for a Healthy Nevada awarded Community Chest, Inc., a grant of $89,000 for
Fiscal Year 2003-2004 and $25,000 for Fiscal Year 2004-2005 to create a
documentary on homeless youth in Nevada; and
Whereas, The members of the Nevada
Legislature recognize the outstanding efforts of the numerous state and local
governmental agencies and various nonprofit entities dedicated to fighting the
homeless problem in the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of
Nevada, the Senate Concurring, That March 31, 2003, is hereby designated
as Homeless Awareness Day in Nevada; and be it further
Resolved, That the members of the 72nd
Session of the Nevada Legislature hereby express their commitment to creating a
greater public awareness of the problem of homelessness in Nevada and to
continue to work cooperatively to solve this problem; and be it further
Resolved, That the Chief Clerk of the
Assembly prepare and transmit a copy of this resolution to Marybel Batjer,
Chief of Staff to Governor Kenny C. Guinn and Chairman of the Nevada Policy
Academy Team on Homeless Families with Children.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Senator Rawson requested that his remarks be entered in the Journal.
The resolution speaks well for the issue before us. We have many
people with us today including a lady who has arranged many things for us,
Patricia Martinelli-Price. The others here, today, will have their names
entered into the Journal. Marybel Batjer carried this resolution over to us,
and she is here to accept it. We want to bring this issue to everyone’s
attention and to note that it is an important issue. Our society will be better
off if we are able to do something about this situation. I urge your approval.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 25; Senate Resolutions Nos. 5, 6; Assembly Bill No. 137; Assembly Concurrent Resolutions Nos. 11, 12.
remarks from the floor
Senator Titus requested that her remarks be entered in the Journal.
Today
marks what would have been the 76th birthday of Cesar Estrada Chavez who died
in 1993. Cesar Chavez was the founder of the United Farm Workers Union in 1962
whose distinctive black and red flag with Aztec eagle became a symbol of
dignity for laborers across this land. A follower of Gandhi and St. Augustine,
Chavez was an advocate of peaceful resistance who organized farm workers in
California and led a nationwide boycott of table grapes until working
conditions for laborers were improved to include rest periods, clean drinking
water, hand washing facilities and protective clothing against dangerous insecticides.
California recognizes today as a state holiday in Chavez’s honor
and President Clinton posthumously awarded Chavez the Medal of Freedom,
America’s highest civilian honor. “He was for his own people, a Moses figure,”
the President declared. “The farm workers who labored in the fields and yearned
for respect and self-sufficiency pinned their hopes on this remarkable man who,
with faith and discipline, soft spoken humility and amazing inner strength, led
a very courageous life.” I request that today we adjourn in memory of Cesar
Chavez.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Marta Jenson.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Sienna Reid.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Mark James and the following students, chaperones and faculty from the Hunter Lake Elementary School: Hannah Baker, Sarah Barrow, Amber Behrendt, Devin Belwood, Trevor Bird, Genevieve Brochtrup, Andy Cai, Henry Godinez, Tiffany Gonzalez, Cheyenne Graham, Richard Hill, Austin Jones, Lovnit Kour, Kayla Lawson, Eileen Martinez, Casey Metzger, Julien Michelot, Fernando Rodriguez, Matthew Schulenberg, Carter Stellon, Kaylee Thomas, Kimberly Tibadaiza, Connor Morse, Michon Newman, Grayson Osban, Brandon Presto, Amanda Redfern, Amy Rodriguez, Candilyn Sexton, Nick Steiner, Jessica Trainer, Quemeka Davis, Andrew Fahmy, George Bolin, Aleaha Barringer, Katie Brown, Sophie Edelson, Lyzel Fernandez, Marinn Gilis, Jacob Grueson, Bailey Hamm, Michelle Klavuhn, Miguel Lopez, Josh Moore, Tyler Byrnes, Kellie Jamieson, Melanie McGarvy, Jenna Peterson, Alethea Olivares, Sarah Burgoyne, Laurel Covallo, Luz Reyes, Francis Labado, Kevin Breach, Mikey Blane, Mitchell Childs, Ariel Ralston, Shantelle Stillwell, Dannae Ryman, Pervin Kaur, Jimmy Latimer, Joyce Ann Rodriguez, Josh Oucilhe, Lily Martinez, Cody Jackson; chaperones: Holly Baker, Jackie Breach, Teresa Gonzeles; teachers: Kathi Scott, Kelley Higgins, Lisa Nieberlein and Candy Cook.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Patricia Martinelli-Price, David Osman, Darryl Martin, Linda Lera-Randele, Kurt Chastain, Connie Myer, Gerald Schmidt, Tom Murtha, Maurice Silva, Jacquie Moore, Francois Obasi, Sabra Smith, Anthony Mosley, Brenda Dizon, Joan Robertson, Suzanne Thompson, Tom Bolan, Bob Wolf, Anne Cory, Brian Brooks, Dave Burgio, Lasa Allala, Pauline Salla, Bobby Caldwell, Craig Smith, Jacob Davis, Eseta Kaufusi and Stephanie Henderson.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Virginia State Senator, Steve Newman.
Senator Raggio moved that the Senate adjourn until Wednesday, April 2, 2003, at 11 a.m. and that it do so in memory of Lois James and in memory of Cesar Chavez as requested by Senator Titus.
Motion carried.
Senate adjourned at 11:44 a.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate