THE NINETY-SECOND DAY

                               

Carson City (Monday), May 5, 2003

    Senate called to order at 11:36 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Amanda Mitchell.

    God, thank You for this day. Thank You for all who are here. We humbly come before You asking for Your guidance in all that we do. I thank You for these men and women who care about Nevada. Bless them and this State greatly.

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 Commerce and Labor, to which was referred Assembly Bill No. 420, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 185, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 56, 67, 69, 87, 147, 216, 224, 270, 318, 427; Assembly Joint Resolution No. 3, 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 Assembly Bills Nos. 57, 135, 149, 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 Assembly Bills Nos. 349, 378, 501, 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 was referred Assembly Bill No. 51, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 15, 331, 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 Taxation, to which was referred Assembly Bill No. 530, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

Madam President:

    Your Committee on Transportation, to which was referred Assembly Bill No. 239, 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, May 1, 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. 65, 133, 350, 395.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 475, 488.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 33.

Diane Keetch

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 475.

    Senator Rawson moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Assembly Bill No. 488.

    Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 262.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 585.

    Amend the bill as a whole by renumbering sec. 6 as sec. 8 and adding new sections designated sections 6 and 7, following sec. 5, to read as follows:

    Sec. 6.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Goods” includes, without limitation, a mobile or manufactured home which:

    1.  Is not affixed to land; or

    2.  Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.

    Sec. 7.  NRS 598.0903 is hereby amended to read as follows:

    598.0903  As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.”.

    Amend the title of the bill, eighteenth line, after “homes;” by inserting: “clarifying the applicability of certain statutory provisions regarding deceptive trade practices to a mobile or manufactured home;”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

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

    Assembly Bill No. 273.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 497.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Amodei moved that Assembly Bill No. 155 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Amodei.

    Motion carried.

GENERAL FILE AND THIRD READING

    Senate Bill No. 58.

    Bill read third time.

    Roll call on Senate Bill No. 58:

    Yeas—21.

    Nays—None.

    Senate Bill No. 58 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Cegavske moved that Assembly Bill No. 144 be taken from the General File and placed on the Secretary’s desk.

    Senators Neal, Coffin and Carlton requested a roll call vote on Senator Cegavske’s motion.

    Roll call on Senator Cegavske's motion:

    Yeas—13

    Nays—Care, Carlton, Coffin, Neal, Schneider, Titus, Townsend, Wiener—8

    The motion having received a majority, Madam President declared it carried.


GENERAL FILE AND THIRD READING

    Senate Bill No. 100.

    Bill read third time.

    Roll call on Senate Bill No. 100:

    Yeas—21.

    Nays—None.

    Senate Bill No. 100 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 406.

    Bill read third time.

    Remarks by Senators Neal and Washington.

    Roll call on Senate Bill No. 406:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 406 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 126.

    Bill read third time.

    Roll call on Assembly Bill No. 126:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 126 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 138.

    Bill read third time.

    Roll call on Assembly Bill No. 138:

    Yeas—19.

    Nays—Carlton, Neal—2.

    Assembly Bill No. 138 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 192.

    Bill read third time.

    Remarks by Senator Nolan.

    Roll call on Assembly Bill No. 192:

    Yeas—19.

    Nays—O'Connell, Washington—2.

   


    Assembly Bill No. 192 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 208.

    Bill read third time.

    Roll call on Assembly Bill No. 208:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 208 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 226.

    Bill read third time.

    Roll call on Assembly Bill No. 226:

    Yeas—13.

    Nays—Coffin, Mathews, McGinness, Neal, Raggio, Rhoads, Tiffany, Washington—8.

    Assembly Bill No. 226 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 237.

    Bill read third time.

    Roll call on Assembly Bill No. 237:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 237 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 275.

    Bill read third time.

    Roll call on Assembly Bill No. 275:

    Yeas—19.

    Nays—Neal, Schneider—2.

    Assembly Bill No. 275 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 287.

    Bill read third time.

    Remarks by Senators Raggio and Rhoads.

    Senator Raggio moved that Assembly Bill No. 287 be taken from the General File and placed on the Secretary’s desk.

    Motion carried.

    Assembly Bill No. 301.

    Bill read third time.

    Remarks by Senators Neal, Rhoads and Titus.

    Roll call on Assembly Bill No. 301:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 301 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 346.

    Bill read third time.

    Roll call on Assembly Bill No. 346:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 346 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 367.

    Bill read third time.

    Roll call on Assembly Bill No. 367:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 367 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 407.

    Bill read third time.

    Roll call on Assembly Bill No. 407:

    Yeas—19.

    Nays—Carlton, Neal—2.

    Assembly Bill No. 407 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 489.

    Bill read third time.

    Roll call on Assembly Bill No. 489:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 489 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.


UNFINISHED BUSINESS

Recede From Senate Amendments

    Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 55, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

    Remarks by Senator Amodei.

    Motion carried.

    Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

    Madam President appointed Senators Nolan, Washington and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 55.

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Assembly Bills Nos. 17, 52, 82, 106, 113, 119, 178, 199, 206, 248, 299, 335, 409, 438; Assembly Concurrent Resolutions Nos. 16, 17.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Riki Ellison.

    Senator Raggio moved that the Senate adjourn until Tuesday, May 6, 2003, at 11 a.m.

    Motion carried.

    Senate adjourned at 12:21 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate