THE EIGHTY-FIRST DAY
Carson City (Thursday), April 24, 2003
Senate called to order at 11:19 a.m.
President Hunt presiding.
Roll called.
All present except Senator Washington, who was excused.
Prayer by the Chaplain, Pastor Bryan Cuthill.
Our God and Father, as the Senate continues its labors today, we
pray for each of the communities they represent. We recognize this body
represents the people of Nevada. We come from varied backgrounds and
experiences, but we know that You desire the best for each of our citizens. We
pray that the business acted upon by the Senate, today, will impact our State
for the good.
Your word tells us that righteousness exalts a nation. May our
State be exalted as well by Your presence and by a godly people. We pray in
Your Name.
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 Finance, to which was referred Assembly Bill No. 253, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
William J. Raggio, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which was referred Assembly
Bill No. 322, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam
President:
Your
Committee on Judiciary, to which was referred Assembly Bill No. 105, 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 was referred Assembly Bill No. 189, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Do pass, and place on Consent Calendar.
Also,
your Committee on Judiciary, to which were referred Assembly Bills Nos. 55,
133, 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 Natural Resources, to which were referred Assembly Bills Nos. 74,
75, 193, has had the same under consideration, and begs leave to report the
same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
Madam
President:
Your
Committee on Transportation, to which were referred Assembly Bills Nos. 77, 83,
520, 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 22, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 91, 125, 157, 168, 174, 185, 196, 208,
213, 214, 215, 220, 223, 237, 239, 244, 246, 275, 295, 296, 304, 316, 320, 326,
343, 344, 348, 355, 356, 358, 367, 369, 375, 384, 390, 393, 398, 401, 405, 417,
427, 429, 431, 432, 452, 453, 485, 495, 498, 499, 502, 510, 512, 514, 522, 529,
541.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 7.
Senator Rhoads moved the adoption of the resolution, as amended.
Remarks by Senator Rhoads.
Resolution adopted, as amended.
Resolution ordered transmitted to the Assembly.
Senate Concurrent Resolution No. 26.
Senator Raggio moved the adoption of the resolution, as amended.
Remarks by Senator Raggio.
Resolution adopted, as amended.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Rawson moved that Assembly Bill No. 177 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
Senator Hardy moved that Assembly Bill No. 58 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Hardy.
Motion carried.
Senator Carlton moved that Assembly Bill No. 139 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Carlton.
Motion carried.
Senator Rawson moved that Assembly Bill No. 177 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that Assembly Bill No. 19 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
INTRODUCTION, FIRST READING
AND REFERENCE
By the Committee on Finance:
Senate Bill No. 494—AN ACT relating to writs of prohibition; revising the provisions governing the issuance of writs of prohibition to conform to the Nevada Constitution by providing that a district court may issue a writ of prohibition in certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 91.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 125.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 157.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 168.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 174.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 185.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 196.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 208.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 213.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 214.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 215.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 220.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 223.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 237.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 239.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 244.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 246.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 275.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 295.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 296.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 304.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 316.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 320.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 326.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 343.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 344.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 348.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 355.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 356.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 358.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 367.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 369.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 375.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 384.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 390.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 393.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 398.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 401.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 405.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 417.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 427.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 429.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 431.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 432.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 452.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 453.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 485.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 495.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 498.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 499.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 502.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 510.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 512.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 514.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 522.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 529.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 541.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 175.
Bill read second time and ordered to third reading.
Assembly Bill No. 247.
Bill read second time and ordered to third reading.
Assembly Bill No. 468.
Bill read second time and ordered to third reading.
Assembly Bill No. 531.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 19 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator Rawson.
Motion carried.
Senator Townsend moved that Assembly Bill No. 139 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 6.
Bill read third time.
Roll call on Assembly Bill No. 6:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 6 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 19.
Bill read third time.
Remarks by Senator Nolan.
Roll call on Assembly Bill No. 19:
Yeas—19.
Nays—O'Connell.
Excused—Washington.
Assembly Bill No. 19 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 42.
Bill read third time.
Roll call on Assembly Bill No. 42:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 42 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 111.
Bill read third time.
Roll call on Assembly Bill No. 111:
Yeas—19.
Nays—O'Connell.
Excused—Washington.
Assembly Bill No. 111 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 139.
Bill read third time.
Remarks by Senators Neal and Townsend.
Senator Neal requested that Senator Townsend's remarks be entered in the Journal.
Senator Townsend:
Madam President, the purpose of this bill is to deal with a
specific area of southern Nevada. The Desert Inn was acquired by a corporation
for purposes of development and included in that purchase was a water company.
That water company serves not only the commercial portion of the property at
the Desert Inn but also ten customers. When the developer went to the financial
markets to find additional financing to complete the project, every item
belonging to the water company had to be included for purposes of establishing
value as well as loan capability. The Public Utilities Commission (PUC) governs
the water company for purposes of rate making and additional revenues. This
meant the water company had to come before the PUC, and for purposes of
developing the Desert Inn property, all financial instruments had to come
before the PUC. This bill separates the requirements for purposes of protecting
the interests of the ten homeowners that will still be under the PUC for
ratemaking purposes. For purposes of the development of the property and to
find financing, they are removed from PUC jurisdiction.
Roll call on Assembly Bill No. 139:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 139 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 140.
Bill read third time.
Roll call on Assembly Bill No. 140:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 140 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 145.
Bill read third time.
Roll call on Assembly Bill No. 145:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 145 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 177.
Bill read third time.
Roll call on Assembly Bill No. 177:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 177 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 201.
Bill read third time.
Roll call on Assembly Bill No. 201:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 201 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 302.
Bill read third time.
Roll call on Assembly Bill No. 302:
Yeas—19.
Nays—Care.
Excused—Washington.
Assembly Bill No. 302 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 306.
Bill read third time.
Roll call on Assembly Bill No. 306:
Yeas—20.
Nays—None.
Excused—Washington.
Assembly Bill No. 306 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. 417; Assembly Bill No. 53.
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 the following students from the Carson City Homeschool Group: Michele Vietti, Donny Vietti, Abriana Vietti, Ben Larkin, Alicia Chavez, Ali Chavez, Gloria Chavez, Martin Chavez, Lydia Chavez, Amy Chavez, Julia Baker, Diane Baker, Rose Feltner, William Feltner, David Feltner, Juli McKean, Desiree McKean, Maegan McKean, Shannon McKean, Tori McKean, Willow Good, Suzanne Barulich, Anna Lynn Barulich, Luke Barulich, Elisabeth Barulich, Daniel Barulich, Alex Borgman, Ariel Borgman, Zach Borgman, Austin Longton and Ashley Borgman.
On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Bob Potter.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dale Checket, Everett Checket, Catherine Checket, Christian Alonso, Mike Alonso, Christina Alonso and Alfredo Alonso.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Olivia Alonso and Alessandra Alonso.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Clay Fitch and Ericka Fitch.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Jerry Simich, Jennifer Simich and Dr. Tom Wright.
Senator Raggio moved that the Senate adjourn until Monday, April 28, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:10 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate