THE FORTY-SEVENTH DAY
Carson City (Friday), March 21, 2003
Senate called to order at 10:53 a.m.
President pro Tempore Amodei presiding.
Roll called.
All present except Senator Rhoads, who was excused.
Prayer by the Chaplain, Catherine Thayer, Baha'i Faith of Carson City.
O God, my God! Aid Thou Thy trusted servants to have loving and
tender hearts. Help them to spread, amongst all the nations of the earth, the
light of guidance that cometh from the Company on high.
Verily, Thou art the generous, the gentle, the tender, and the
most bountiful.
'Abdu'l-Baha.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Mr. President
pro Tempore:
Your
Committee on Finance, to which was referred Assembly Bill No. 252, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Mr. President
pro Tempore:
Your
Committee on Government Affairs, to which was referred Assembly Bill No. 137,
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 was re-referred Senate Bill No. 173, 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.
200, 233, has had the same under consideration, and begs leave to report the
same back with the recommendation: Do pass, and re-refer to the Committee on
Finance.
Ann O'Connell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 20, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Senate Concurrent Resolution No. 23.
MOTIONS,
RESOLUTIONS AND NOTICES
Senator McGinness moved that Assembly Concurrent Resolution No. 8 be taken from the Secretary's desk and placed on the Resolution File.
Remarks by Senator McGinness.
Motion carried.
By Senators Titus, Wiener, Neal, Carlton, Care, Coffin, Mathews and Schneider:
Senate Joint Resolution No. 8—Urging the United States Senate to vote on the nomination of Miguel A. Estrada to the United States Court of Appeals for the District of Columbia Circuit only after securing certain information.
Senator Titus moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Senator Raggio moved that Assembly Bill No. 252 be placed on the Second Reading File for this legislative day.
Remarks by Senator Raggio.
Motion carried.
Senator Washington moved that Senate Bill No. 200 be re-referred to the Committee on Finance.
Remarks by Senator Washington.
Motion carried.
Assembly Concurrent Resolution No. 8.
Resolution read.
The following amendment was proposed by Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington and Wiener:
Amendment No. 72.
Amend the resolution, page 2, by deleting lines 18 through 20 and inserting: “transmit a copy of this resolution to the Commanding Officers of all military forces from Nevada currently serving in the war with Iraq, including the Adjutant General of the Nevada National Guard, the Commanding Officer of Nellis Air Force Base and the Commanding Officer of the Fallon Naval Air Station.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness, Neal and Coffin.
Amendment adopted.
Resolution ordered reprinted, engrossed and placed on the Resolution File.
Senator McGinness moved to place the resolution on the Resolution File upon return from reprint.
Motion carried.
Senator O'Connell moved to rescind the action whereby Senate Bill No. 200 was re-referred to the Committee on Finance.
Remarks by Senator O'Connell.
Motion carried.
Senator O'Connell moved that Senate Bill No. 200, be placed on the Second Reading File for the next legislative day.
Remarks by Senator O'Connell.
Motion carried.
Senator Care moved that Assembly Bill No. 53 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Care.
Motion carried.
Senator Washington moved that Senate Bill No. 205 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senators Washington and Care.
Senator Washington withdrew his motion.
Assembly Concurrent Resolution No. 8.
Resolution read.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Resolution adopted, as amended.
Resolution ordered transmitted to the Assembly.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Senate Bill No. 398—AN ACT relating to protective orders; providing for the sealing of records relating to temporary and extended orders for protection against domestic violence, harassment in the workplace and stalking; revising the penalties for violation of certain temporary and extended orders; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 399—AN ACT relating to business activities; expanding the definition of “deceptive trade practice” to include the failure to disclose certain information or the making of certain false statements or representations relating to a sale or lease of goods or services; prohibiting certain providers of telecommunications services from billing a customer for a service if the provider is notified or knows or upon reasonable inquiry should know that the customer has not authorized the service; expanding the authority of a district court to grant equitable relief for a deceptive trade practice; providing that certain tangible evidence or answers relating to an unfair trade practice are not public records under certain circumstances; prohibiting the filing of a certificate of change of a resident agent under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 400—AN ACT relating to communication services; enacting provisions relating to the regulation of telecommunication service, high-speed Internet access service and broadband service; revising and recodifying certain provisions relating to incumbent local exchange carriers that are regulated under a plan of alternative regulation; amending certain requirements and procedures relating to such carriers; revising provisions relating to the classification of certain telecommunication services; requiring the Public Utilities Commission of Nevada to reclassify certain telecommunication services as competitive services under certain circumstances; revising provisions relating to flexibility in the pricing and terms of certain telecommunication services; prohibiting certain regulations relating to high-speed Internet access service and broadband service; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Finance:
Senate Bill No. 401—AN ACT relating to state parks; requiring certain money received from the rental and lease of concessions located on property within a state park or property controlled or administered by the Division of State Parks of the State Department of Conservation and Natural Resources to be deposited in the Account for Maintenance of State Parks Within the Division of State Parks; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 252.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 74.
Amend section 1, page 1, line 3, by deleting “$100,000,000.” and inserting “$135,000,000.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Raggio moved that all rules be suspended, Assembly Bill No. 252 be declared an emergency measure under the Constitution and placed on third reading and final passage upon return from reprint.
Remarks by Senator Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 205.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 66.
Amend section 1, pages 1 and 2, by deleting lines 2 through 12 on page 1 and lines 1 through 29 on page 2, and inserting:
“202.020 1. Any [person under 21 years of age] minor who purchases any alcoholic
beverage or [any such person] who consumes any alcoholic beverage in any
saloon, resort or premises where spirituous, malt or fermented liquors or wines
are sold is guilty of a misdemeanor.
2. Any [person under
21 years of age] minor who, for
any reason, possesses any alcoholic beverage in public is guilty of a
misdemeanor.
3. Any minor who is impaired to any degree by the use of an alcoholic
beverage is guilty of a misdemeanor.
4. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
[4.] 5. For the purposes of this section [, possession] :
(a) “Impairment” means any
observable signs or symptoms commonly associated with the use of alcoholic
beverages.
(b) “Impairment” does not
include:
(1) Impairment for an
established religious purpose;
(2) Impairment in the
presence of the minor’s parent, spouse or legal guardian who is 21 years of age
or older; or
(3) Impairment in
accordance with a prescription issued by a person statutorily authorized to
issue prescriptions.
(c) Possession “in public” includes possession:
[(a)] (1) On
any street or highway;
[(b)] (2) In
any place open to the public; and
[(c)] (3) In
any private business establishment which is in effect open to the public.
[5. The term]
(d) Possession “in public” does not include:
[(a)] (1) Possession
for an established religious purpose;
[(b)] (2) Possession
in the presence of the [person’s] minor’s
parent, spouse or legal guardian who is 21 years of age or older;
[(c)] (3) Possession
in accordance with a prescription issued by a person statutorily authorized to
issue prescriptions;
[(d)] (4) Possession
in private clubs or private establishments; or
[(e)] (5) The
selling, handling, serving or transporting of alcoholic beverages by a [person]
minor in the course of his lawful
employment by a licensed manufacturer, wholesaler or retailer of alcoholic
beverages.
(e) “Minor” means a person who is older than 7 years of age and under 21 years of age.”.
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 27, 46, 129 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 252.
Bill read third time.
Remarks by Senators Neal, Schneider, Coffin and Rawson.
Roll call on Assembly Bill No. 252:
Yeas—20.
Nays—None.
Excused—Rhoads.
Assembly Bill No. 252 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Senator Raggio moved that all rules be suspended and that Assembly Bill No. 252 be immediately transmitted to the Assembly.
Motion carried unanimously.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Assembly Concurrent Resolution No. 7.
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 Rosemary Smith.
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Betty Rumford.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Kelly Helton.
On request of Senator Tiffany, the privilege of the floor of the Senate Chamber for this day was extended to Betty Lewis.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Huffaker Elementary School: Cassidy Blanton, Michelle Bowen, Amanda Brooksbank, Raylene Bryant, Kevin Carlson, Sara Chester, Alexandra Dezso, Daniel Ferguson, Nicholas Francis, Tyson Geving, Alexander Graybar, Alexander Hill, Tawni Johnston, Ryan Keyzens, Olivia LeCoque, Madison Murphy, Christian Ochoa-Reyes, Tyler Richardson, Brandon Rizzo, Janna Robinson, Marianne Schmidt, Calvin Stuart, Casey Woods, Michelle Amandin, Alisha Benke, Jordan Chaffin, Christian Cook, Shea Crane, Jeralee DeMarce, Ryan Dhindsa, Natasha Dombrowski, Andras Ferguson-McIntyre, Justin Gregory, Taylor Higgins, Jaquiline Jones, Daniel Keiser, Jessica Langley, Seaena Lewis, Spencer Lujan, Tyler Nguyen, Brian Pierce, Aubrey Powell, Sandy Quan, Sviatoslov Sokolov, Max Tsang, Jocelyn Villagomez, Patrick Baker, Britany Wilcoxson, Stormy DuBois, Kelsea Duffrin, Laura Lee Durst, David Holloway, Brent Ishii, Bethany Kette, Colin McAlvain, Brennan McNamara, Carmen Mo, Jessica Moser, Christine Price, Quinn Rooker, Alycia Stuart, Eric Trowbridge, Alexandra Turley, Cory Willis, Alexa Youngberg, Isabel Youngs, Corey Foulk, Samantha Booth, Haley Breen, Alaina Brodsky, Mario Casci, Kenia Clark, Kyle Colombini, Crystalle Cummings, Heather Dornberger, Ceira Farette, Cayla Farrington, Kenneth Fung, Colton Harrah, Michael Howton, Ryan Huff, Brooks Kern, Jake Klund, Griffin Lerude, Cameron Mullins, Emmy Quinn, Brett Rappaport, Karen Sanchez, Sara Seelmeyer, Eryn Thomas; teacher: Nancy Misseldine; chaperones: Sandy Armentrout, Tracey Frandsen-Crook and Carol Winans.
Senator Raggio moved that the Senate adjourn until Monday, March 24, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 11:35 a.m.
Approved: Mark E. Amodei
President
pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate