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.

Gary Ghiggeri

Fiscal Analysis Division

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.

William J. Raggio

Richard D. Perkins

Senate Majority Leader

Speaker of the Assembly

 


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.

Diane Keetch

Assistant Chief Clerk of the Assembly

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