THE EIGHTY-SEVENTH DAY

                               

Carson City (Wednesday), April 30, 2003

    Senate called to order at 11:24 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Marvin Dennis.

    Heavenly Father, we realize that many things are accomplished through prayer as we make it a daily part of our lives. I ask Your presence to be with each Senator and their loved ones as only You know best. Thank You for teaching us to pray.

    “Our Father, who art in heaven, hallowed be Thy Name. Thy kingdom come. Thy will be done in earth as it is in heaven. Give us this day our daily bread. And forgive us our debts as we forgive our debtors. And lead us not into temptation, but deliver us from evil. For Thine is the kingdom and the power and the glory forever.”

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 Legislative Affairs and Operations, to which was referred Senate Bill No. 406, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Maurice E. Washington, Chairman

Madam President:

    Your Committee on Taxation, to which were referred Assembly Bills Nos. 208, 346, 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 Assembly Bills Nos. 192, 237, 367, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond C. Shaffer, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 29, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 28, 88, 96, 110, 128, 232, 286, 300, 334.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 30.

Diane Keetch

Assistant Chief Clerk of the Assembly

 


MOTIONS, RESOLUTIONS AND NOTICES

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

    Senate Concurrent Resolution No. 31—Directing the Legislative Commission to conduct an interim study of the feasibility of a magnetic levitation train connecting various urban and rural communities in Nevada.

    Senator Neal moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By the Committee on Legislative Affairs and Operations:

    Senate Concurrent Resolution No. 32—Directing the Legislative Commission to conduct an interim study of the criminal justice system in rural Nevada.

    Senator Washington moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 410.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 542.

    Amend section 1, page 1, line 3, by deleting “$470,000” and inserting “$370,000”.

    Amend section 1, page 1, by deleting lines 4 and 5 and inserting: “2002‑2003 resulting from increased postage and mailing costs, increased costs relating to maintenance agreements on microfilm machines, increased costs of microfilming paid to the State for micrographic services and increased costs paid to the American Association of Motor Vehicle Administrators for access to national driver’s license information. This appropriation is supplemental to that made by”.

    Amend the title of the bill, by deleting the third and fourth lines and inserting: “for Fiscal Year 2002-2003 resulting from certain increased costs; and providing”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes supplemental appropriation to Department of Motor Vehicles for unanticipated shortfall in money for Fiscal Year 2002‑2003 resulting from certain increased costs. (BDR S‑1267)”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 17.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 562.

    Amend section 1, page 1, line 9, by deleting “[,]and inserting “[, $75]”.

    Amend section 1, page 2, line 1, by deleting “$75” and inserting “$100”.

    Senator Amodei moved the adoption of the amendment.

    Remarks by Senator Amodei.

    Amendment adopted.

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

    Assembly Bill No. 52.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 82.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 119.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 126.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 138.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 144.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 155.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 275.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 287.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 301.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 407.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 489.

    Bill read second time and ordered to third reading.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 30, 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. 16.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 16—Designating April 30, 2003, as “Vintage Car Day” at the Nevada Legislature.

    Whereas, Automobiles and the automobile industry have played a vital role in the growth of this great country; and

    Whereas, Automobile sales in the United States have grown over the years from $4,100 in 1900 to $3.7 million in 1925, $6.7 million in 1950, $9.3 million in 1965 to over $140 billion worth of motor vehicles and parts produced in the United States by companies employing over 6.6 million workers nationwide; and

    Whereas, The automobile industry has become one of the largest purchasers of many key American industrial products, such as steel; and

    Whereas, Since 1987, the automobile industry has grown by more than 47 percent, helping to drive the economy of the United States to new heights; and

    Whereas, Automobiles have shaped our everyday lives over the past 100 years more than any other invention by allowing consumers to commute long distances for family visits, tourism, entertainment, shopping and work; and

    Whereas, Automobiles have encouraged the development of a far-reaching system of highways and roads, which made possible the growth of suburbs and shopping centers around major cities; and

    Whereas, Many people all over the nation, including a large number in Nevada, maintain their classic automobiles as a pastime and do so with a great passion; and

    Whereas, The members of the Nevada Legislature recognize the effect the automobile has had on our country and support wholeheartedly all activities involved in the restoration and exhibition of these fine automobiles; and

    Whereas, Thousands of local clubs have been instrumental in preserving a historic part of this country’s heritage by encouraging the restoration and exhibition of these vintage works of art which easily evoke smiles and fond memories; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature hereby designate April 30, 2003, as “Vintage Car Day” at the Nevada Legislature in recognition of all that automobiles and the automobile industry have done to shape this country and state; and be it further

    Resolved, That the members of the Legislature express appreciation to the Valley Cruisers Car Club for organizing a nostalgic display on the legislative grounds in commemoration of this event.

    Senator Amodei moved the adoption of the resolution.

    Remarks by Senator Amodei.

    Senator Amodei requested that his remarks be entered in the Journal.

    Thank you, Madam President. As you can tell from looking outside, today is designated as “Vintage Car Day” at the Nevada Legislature. That term is a bit of a misnomer for those of us who think trucks are as or more important than cars, but we will not offer an amendment on the floor at this time since the Assembly has already acted on the measure.

    The resolution speaks for itself. I would like to point out that several members of this body have been active in this. They include my colleague from Senate District No. 1 in Clark County with his Oldsmobile Toronado; our colleague from District No. 5 in Clark County, who used to have one of the nicest vintage Cadillac cars still on the road in this State until last session when she sold out and went off-shore for her transportation needs; and our colleague from District No. 3 in Washoe, who allegedly has a Ford Thunderbird, but no one has seen it running this session.

    I would encourage all of you to enjoy one of our few “fun” days and take the opportunity to go outside, look at the great cars assembled here and to relive your past. If you leave through the back door, the first vehicle you come to happens to be my truck which was built the same year I was born and appears to be aging much better than I am. I urge your support of Assembly Concurrent Resolution No. 16.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

GENERAL FILE AND THIRD READING

    Senate Bill No. 407.

    Bill read third time.

    Roll call on Senate Bill No. 407:

    Yeas—20.

    Excused—Schneider.

    Senate Bill No. 407 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 493.

    Bill read third time.

    Remarks by Senator Raggio.

    Roll call on Senate Bill No. 493:

    Yeas—19.

    Nays—Tiffany.

    Excused—Schneider.

    Senate Bill No. 493 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 106.

    Bill read third time.

    Roll call on Assembly Bill No. 106:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 106 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 113.

    Bill read third time.

    Roll call on Assembly Bill No. 113:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 113 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 178.

    Bill read third time.

    Remarks by Senators Neal and Nolan.

    Roll call on Assembly Bill No. 178:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 178 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 199.

    Bill read third time.

    Roll call on Assembly Bill No. 199:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 199 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 206.

    Bill read third time.

    Roll call on Assembly Bill No. 206:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 206 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 226.

    Bill read third time.

    Remarks by Senators Neal, Nolan, Titus, O'Connell, Care, Washington, Mathews and Raggio.

    Senator Care disclosed that he has a business associate with an interest in a cab company.

    Senator Raggio moved that Assembly Bill No. 226 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Raggio.

    Motion carried.


    Assembly Bill No. 248.

    Bill read third time.

    Roll call on Assembly Bill No. 248:

    Yeas—19.

    Nays—Carlton.

    Excused—Schneider.

    Assembly Bill No. 248 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 299.

    Bill read third time.

    Roll call on Assembly Bill No. 299:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 299 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 335.

    Bill read third time.

    Roll call on Assembly Bill No. 335:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 335 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 409.

    Bill read third time.

    Roll call on Assembly Bill No. 409:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 409 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 438.

    Bill read third time.

    Roll call on Assembly Bill No. 438:

    Yeas—20.

    Nays—None.

    Excused—Schneider.

    Assembly Bill No. 438 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bill No. 87; Senate Resolution No. 7; Assembly Bills Nos. 175, 189, 247, 468, 531.

remarks from the floor

    Senator Titus requested that her remarks be entered in the Journal.

    I would ask that the Senate adjourn, today, in memory of Frank Wright who passed away on Friday at the young age of 64. Frank was a longtime curator of manuscripts for the Nevada State Museum and Historical Society in Las Vegas.

    He also hosted a radio show entitled, “Nevada’s Yesterday,” on KNPR for 15 years and produced a series of books on Nevada for junior high school students. He was an expert on Nevada’s railroads and was known for debunking the Bugsey Seigel myth. Fellow historian, Mike Green, remarked, “More people learned about Las Vegas history from Frank than from anyone else.” We will miss Frank, personally and professionally, but his words will live on in the annals of Nevada history.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Bill Thomas, Dave Castleberry, Stan Warren, Al Oppio, Pat McBride, Richard Miller, Larry Stevens, Ginger Beaver, John Beaver, Si Savoy, Gary Lombardi, John Damann, Tana Damann, Frank Stoffels, Karen Stoffels, Don Ingham, Daryl Davis, Robert Joers, Jim Allen, Don Wilcks, Dan Shields, Larry Stevens, Ted Griffin, Diane Griffin, Bev Garcia, John Garcia, Gale Workman, Scotty Workman, Pete Harding, Mary Jane Harding, John Castiglione, Chuck Maze, Georgia Maze, Norm White, Bird White, Fred Lanman, Peg Lanman, Bob Harris, John Toomey, Roger Hiestand, Mike Zmak, Chuck Hill and Ken Clarke.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Marlene Koppenhaver, Karen Cummins, Patti Ogren, Charlie Christy, Ian Hill and students from the Changing Point, KREN Channel-27.

    Senator Raggio moved that the Senate adjourn until Thursday, May 1, 2003, at 11 a.m., and that it do so in memory of Frank Wright as requested by Senator Titus.

    Motion carried.

    Senate adjourned at 12:12 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate