THE NINETY-NINTH DAY
Carson City (Monday), May 12, 2003
Senate called to order at 11:37 a.m.
President pro Tempore Amodei presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jeff Paul.
O God, the fountain of wisdom, whose will is good and gracious
and whose law is truth, we beseech You so to guide and bless our Senators in
the Legislature of this fair State, that they may enact such laws as shall
please You to the glory of Your name and the welfare of all Your people. In
Your Name, we pray.
Amen.
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 Commerce and Labor, to which were referred Assembly Bills Nos.
143, 451, 498, 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
Mr. President
pro Tempore:
Your
Committee on Finance, to which was referred Assembly Bill No. 71, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Also,
your Committee on Finance, to which was re-referred Senate Bill No. 46, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
William J. Raggio, Chairman
Mr. President
pro Tempore:
Your
Committee on Government Affairs, to which were referred Assembly Bills Nos. 86,
214, 233, 235, 245, 285, 344, 375, 421, 424, 539, 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 referred Assembly Bill No. 151, 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
Mr. President
pro Tempore:
Your Committee on Transportation, to which was referred Assembly Bill No. 221, 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 9, 2003
To the
Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 11, 35.
Also,
I have the honor to inform your honorable body that the Assembly on this day
concurred in the Senate Amendment No. 585 to Assembly Bill No. 262.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 29.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that Assembly Bill No. 341 be taken from the Second Reading File and be re-referred to the Committee on Finance.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Assembly Bill No. 427 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Raggio.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 49.
Bill read second time and ordered to third reading.
Senate Bill No. 81.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 635.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Within the limits of available money in the budget of the Director of the Department of Human Resources, the Aging Services Division of the Department of Human Resources shall develop statistics to determine appropriate priorities for funding programs for senior citizens and publish the statistics in a brochure which must be entitled Nevada Elder Count.”.
Amend the title of the bill to read as follows:
“AN ACT relating to senior citizens; requiring the Aging Services Division of the Department of Human Resources to develop statistics to determine funding priorities and to publish a brochure containing the statistics; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 216.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 447.
Amend sec. 2, page 3, by deleting lines 6 and 7 and inserting: “Committee for the Review and Oversight of the Tahoe Regional Planning Agency, Colorado River Commission of Nevada, Southern Nevada Water Authority and Marlette Lake Water System created by section 3 of this”.
Amend sec. 3, page 3, by deleting lines 10 and 11 and inserting: “Committee for the Review and Oversight of the Tahoe Regional Planning Agency, Colorado River Commission of Nevada, Southern Nevada Water Authority and Marlette Lake Water System consisting of three members”.
Amend sec. 5, page 4, by deleting lines 13 through 19 and inserting:
“1. Provide appropriate review and oversight of the Tahoe Regional Planning Agency, Colorado River Commission of Nevada, Southern Nevada Water Authority and Marlette Lake Water System;”.
Amend sec. 5, page 4, by deleting line 23 and inserting: “Water Authority and the Marlette Lake Water System in such a manner as deemed necessary and”.
Amend sec. 5, page 4, by deleting lines 25 and 26, and inserting:
“3. Study the role and activities of each of the entities”.
Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding a new section designated sec. 9, following sec. 8, to read as follows:
“Sec. 9. NRS 331.165 is hereby repealed.”.
Amend the bill as a whole by adding the text of the repealed section, following sec. 9, to read as follows:
“
TEXT OF REPEALED SECTION
331.165 Advisory Committee: Creation; composition; officers; recommendations.
1. The Marlette Lake Water System Advisory Committee is hereby created to be composed of:
(a) One member appointed by the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.
(b) One member appointed by the Administrator of the Division of State Parks.
(c) Three members from the State Legislature, including at least one member of the Senate and one member of the Assembly, appointed by the Legislative Commission.
(d) One member from the staff of the Legislative Counsel Bureau appointed by the Legislative Commission. The member so appointed shall serve as a nonvoting member of the Advisory Committee.
(e) One member appointed by the State Forester Firewarden.
(f) One member appointed by the Department of Administration.
2. The voting members of the Advisory Committee shall select one of the legislative members of the Advisory Committee as Chairman and one as Vice Chairman. After the initial selection of a Chairman and Vice Chairman, each such officer serves a term of 2 years beginning on July 1 of each odd‑numbered year. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the person appointed to succeed that officer shall serve for the remainder of the unexpired term.
3. The Director of the Legislative Counsel Bureau shall provide a Secretary for the Advisory Committee.
4. Members of the Advisory Committee serve at the pleasure of their respective appointing authorities.
5. The Advisory Committee may make recommendations to the Legislative Commission, the Interim Finance Committee, the Department of Administration, the State Department of Conservation and Natural Resources and the Governor concerning any matters relating to the Marlette Lake Water System or any part thereof.”.
Amend the preamble of the bill, page 1, by deleting line 1 and inserting:
“Whereas, Various”.
Amend the preamble of the bill, page 2, by deleting lines 6 through 11.
Amend the preamble of the bill, page 2, by deleting lines 13 and 14 and inserting: “concerned with other regional water resources of the State and the governmental entities which manage those resources, such as the Colorado River”.
Amend the preamble of the bill, page 2, by deleting lines 25 through 28 and inserting: “practices, the benefits and uses of the Colorado River water; and”.
Amend the title of the bill to read as follows:
“AN ACT relating to the Legislature; creating a Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency, Colorado River Commission of Nevada, Southern Nevada Water Authority and Marlette Lake Water System; providing the powers and duties of the Committee; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates interim legislative committee to review Tahoe Regional Planning Compact and oversee Tahoe Regional Planning Agency, Colorado River Commission of Nevada, Southern Nevada Water Authority and Marlette Lake Water System. (BDR 17‑175)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Senators Townsend, McGinness and Nolan requested a roll call vote on Senator Washington's motion.
Roll call on Senator Washington's motion:
Yeas—15.
Nays—Raggio, Rawson, Rhoads, Townsend, Wiener—5.
Excused—Hardy.
The motion having received a majority, Mr. President pro Tempore declared it carried.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 413.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 612.
Amend sec. 3, page 3, line 14, by deleting “$135,500,000” and inserting “$176,000,000”.
Amend sec. 3, page 3, line 16, by deleting “$182,500,000” and inserting “$199,000,000”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 494.
Bill read second time and ordered to third reading.
Assembly Bill No. 78.
Bill read second time and ordered to third reading.
Assembly Bill No. 79.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 643.
Amend the bill as a whole by adding the following senators as primary joint sponsors: Senators Neal and O'Connell.
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. 89.
Bill read second time and ordered to third reading.
Assembly Bill No. 103.
Bill read second time and ordered to third reading.
Assembly Bill No. 212.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 604.
Amend section 1, page 2, between lines 22 and 23, by inserting:
“4. If a purchaser specified in subsection 1 commences an action specified in subsection 3 against a person who is licensed pursuant to this chapter, the purchaser must serve a copy of the complaint upon the Administrator within 30 days after the action is commenced.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. The provisions of subsection 4 of NRS 489.4971, as enacted by section 1 of this act, do not apply to an action that is commenced before the effective date of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to manufactured housing; revising certain fees that fund the Account for Education and Recovery Relating to Manufactured Housing; requiring purchasers who commence an action that may result in payment from the Account to serve a copy of the complaint upon the Administrator of the Manufactured Housing Division of the Department of Business and Industry; prohibiting certain licensees from recovering damages from the Account under certain circumstances; and providing other matters properly relating thereto.”.
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. 231.
Bill read second time and ordered to third reading.
Assembly Bill No. 232.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 667.
Amend the bill as a whole by deleting sections 1 through 19 and adding new sections designated sections 1 through 19 and the text of repealed sections, following the enacting clause, to read as follows:
“Section 1. NRS 597.812 is hereby amended to read as follows:
597.812 As used in NRS 597.812 to 597.818, inclusive, “device for automatic dialing and announcing” means any equipment that:
1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and
2. Is used exclusively,
working alone or in conjunction with other equipment, to disseminate a
prerecorded message to the telephone number called . [to solicit a person at the telephone number called to
purchase goods or services.]
Sec. 2. NRS 597.814 is hereby amended to read as follows:
597.814 1. [Except as otherwise provided in
subsection 3 and NRS 597.816, a] A
person shall not use a device for automatic dialing and announcing to
disseminate a prerecorded message in [a] an unsolicited telephone call unless [, before] :
(a) Before the message
is disseminated, a [recorded or] person,
speaking in his unrecorded natural voice
[:
(a) Informs] ,
informs the person who answers the telephone call [of the nature of the
call, including, without limitation, the fact] that a device for automatic
dialing and announcing will be used to disseminate the message if the person
who answers the call remains on the line; [and
(b) Provides to the person who answers the telephone call the
name, address and telephone number of the business or organization, if any,
being represented by the caller.]
(b) A person associated
with the telephone number dialed has given his express consent to receive
prerecorded messages from the person using the device for automatic dialing and
announcing;
(c) The person using the
device for automatic dialing and announcing is using the do-call registry
created pursuant to section 13 of this act and the telephone number called is
included in the current do-call registry; or
(d) The
call is initiated by a state or local governmental agency, or a private entity
operating under contract with and at the direction of such an agency, to
provide:
(1)
Information relating to public safety;
(2)
Information relating to a police or fire emergency; or
(3) A warning of an
impending or threatening emergency.
2. A person shall not operate a device for automatic dialing and announcing to place:
(a) A call that is received by a telephone located in this state
during the period between [9] 8 p.m. and 9 a.m.; [or]
(b) A call-back or second call to the same telephone number, if a
person at the telephone number terminated the original call [.
3. This section does not prohibit the use of a
device for automatic dialing and announcing to dial the number of and play a
recorded message to a person with whom the person using the device or another
person affiliated with the person using the device has a preexisting business
relationship.] ; or
(c) A call that does not
provide to the person who answers the telephone call the name, address and
telephone number of the caller or of the business or organization, if any,
represented by the caller.
Sec. 3. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 17, inclusive, of this act.
Sec. 4. As used in sections 4 to 17, inclusive, of
this act, unless the context otherwise requires, the words and terms defined in
sections 4.5 to 11, inclusive, of this act have the meanings ascribed to them
in those sections.
Sec. 4.5. “Charitable organization” means an
organization which:
1. The Secretary of the Treasury has determined
is an exempt organization pursuant to the provisions of section 501(c) of the
Internal Revenue Code; and
2. Holds a current certificate of organization
or is currently qualified by the Secretary of State to do business in this
state.
Sec. 5. “Device for automatic
dialing” means any equipment that:
1. Incorporates a storage capability of
telephone numbers to be called and utilizes a random or sequential number
generator to produce telephone numbers to be called;
2. Dials such a telephone number; and
3. Transfers the call to a live operator if a
natural person at the telephone number called accepts the call.
Sec. 6. “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.
Sec. 7. “Do-call registry” means the
database composed of the telephone numbers of subscribers who have manifested
their wish to receive telemarketing calls. The term includes, without
limitation, a list produced from the database, regardless of the format in which
the list is produced.
Sec. 8. “Noncommercial telephone
service” means telephone service maintained by a subscriber primarily for
personal, rather than business, purposes. The term includes, without
limitation, such service to:
1. The residence of a subscriber;
2. A mobile telephone, including a cellular
telephone or other portable device; and
3. A pager, beeper or other telecommunications
device.
Sec. 9. “Subscriber” means a natural
person who subscribes to noncommercial telephone service in this state.
Sec. 10. “Telemarketer” means a person who makes or causes another person to make a telemarketing call. The term includes, without limitation, a person registered with the Consumer Affairs Division of the Department of Business and Industry as a seller or salesman pursuant to chapter 599B of NRS.
Sec. 11. “Telemarketing call” means a
telephone call, including, without limitation, a call dialed by a device for
automatic dialing or device for automatic dialing and announcing, the primary
purpose of which is to solicit a person who accepts the call to purchase,
lease, invest in or otherwise acquire goods or services. The term does not
include a telephone call made on behalf of a charitable organization, the
primary purpose of which is to solicit a person who accepts the call to donate
money, goods or services to the charitable organization.
Sec. 12. A subscriber who wishes to
receive telemarketing calls may request that his telephone number be included
in the do-call registry by complying with the requirements established by the
Attorney General pursuant to section 13 of this act.
Sec. 13. The Attorney General shall:
1. Establish and operate a do-call registry.
2. Adopt regulations to carry out the provisions
of sections 4 to 17, inclusive, of this act.
3. Publicize the existence of the do-call
registry.
4. Impose a fee, not to exceed $250 a year, to
be paid by a telemarketer to obtain access to the do-call registry or any list
produced from the do-call registry.
Sec. 14. 1. A telemarketer shall not make or cause
another person to make an unsolicited telemarketing call to a telephone number
of a subscriber unless:
(a) That
telephone number is included in the current do-call registry; or
(b) The
telemarketer is complying with the provisions of section 15 of this act.
2. A telemarketer that violates this section is
liable for a civil penalty of not more than:
(a) For
a first offense, $500;
(b) For
a second offense, $2,500; and
(c) For a third and each
subsequent offense, $5,000.
3. The penalty may be recovered by civil action
on a complaint brought by the Attorney General.
Sec. 15. 1. The provisions of section 14 of this act do
not prohibit a telemarketer from making or causing another person to make an
unsolicited telemarketing call to a telephone number of a subscriber if:
(a) There
is a preexisting business relationship between the telemarketer and the
subscriber; and
(b) The
telemarketer complies with the provisions of this section.
2. Before a telemarketer may make or cause
another person to make an unsolicited telemarketing call based on a preexisting
business relationship, the telemarketer must establish and maintain an internal
do-not-call registry that complies with federal and state law and regulations.
The internal do‑not-call registry must:
(a) Include,
without limitation, a list of the telephone numbers of any subscriber who has
requested that the telemarketer not make or cause another person to make an
unsolicited telemarketing call to a telephone number of the subscriber; and
(b) Upon
request, be provided by the telemarketer to the Attorney General.
3. In addition to the requirements set forth in
subsection 2, at least once each year, the telemarketer shall provide written
notice to each subscriber with whom the telemarketer has a preexisting business
relationship. The written notice must:
(a) Inform
the subscriber that the telemarketer is providing the notice pursuant to state
law;
(b) Explain
to the subscriber that the subscriber may elect to be placed on the internal
do-not-call list of the telemarketer and specify the procedures for making such
an election; and
(c) Explain
to the subscriber that the subscriber may contact the customer service
department of the telemarketer or the Attorney General to obtain further
information concerning the provisions of this section and provide the current
address, telephone number and electronic mail address of the customer service
department of the telemarketer and the Attorney General.
4. As used in this section, “preexisting
business relationship” means a relationship between a telemarketer and a
subscriber that is based on:
(a) The
subscriber’s purchase, rental or lease of goods or services from the
telemarketer; or
(b) Any
other financial transaction between the subscriber and the telemarketer,
that occurs within the 18 months immediately preceding the date of the telemarketing call.
Sec.
16. All fees, civil penalties and any other money collected pursuant to the
provisions of sections 4 to 17, inclusive, of this act must be deposited in the
State General Fund and may only be used to offset the costs of administering
and enforcing those provisions.
Sec. 17. 1. A provider of telephone service shall inform
a subscriber of the provisions of sections 4 to 17, inclusive, of this act:
(a) As
part of the process of subscribing to telephone service;
(b) By
a statement distributed, not less than annually, as an insert in a billing
statement sent to the subscriber; or
(c) In
any other manner authorized by the Attorney General.
2. A provider of local telephone directories,
including, without limitation, a provider of telephone service, shall include
in a conspicuous place in each such directory a description of the provisions
of sections 4 to 17, inclusive, of this act.
3. As used in this section, “provider of
telephone service” includes, without limitation:
(a) A
public utility furnishing telephone service.
(b) A
provider of cellular or other service to a telephone that is installed in a
vehicle or is otherwise portable.
Sec. 18. NRS 597.816 and 598.0916 are hereby repealed.
Sec. 19. 1. This section and sections 3 to 13, inclusive, 16 and 17 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.
2. Sections 1, 2, 14, 15 and 18 of this act become effective upon passage and approval for the purpose of adopting regulations and on February 1, 2004, for all other purposes.
TEXT OF REPEALED SECTION
597.816 Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:
1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.
2. A nonprofit organization.
3. A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.
4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.
5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.
6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:
(a) Information relating to public safety;
(b) Information relating to a police or fire emergency; or
(c) A warning of an impending or threatening emergency.
7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.
598.0916 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when, in the course of his business or occupation, he disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:
1. Informs the person who answers the telephone call of the nature of the call; and
2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.”.
Amend the title of the bill to read as follows:
“AN ACT relating to telecommunications; prohibiting a person from using a device for automatic dialing and announcing to disseminate a prerecorded message unless the person called consents; requiring the establishment and operation of a do-call registry composed of the telephone numbers of subscribers of noncommercial telephone service who wish to receive telemarketing calls; prohibiting a telemarketer under certain circumstances from making an unsolicited telemarketing call to a telephone number unless that number is included in the current do-call registry; providing exceptions; requiring a provider of telephone service or local telephone directories to publicize the do-call registry; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to telecommunications. (BDR 52‑133)”.
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. 294.
Bill read second time and ordered to third reading.
Assembly Bill No. 315.
Bill read second time and ordered to third reading.
Assembly Bill No. 396.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 616.
Amend section 1, page 1, line 2, after “the” by inserting “pilot”.
Amend section 1, page 2, line 17, after “regarding the” by inserting “pilot”.
Amend the title of the bill to read as follows:
“AN ACT relating to public schools; requiring the Clark County School District to continue its pilot program for the replacement of certain schools; authorizing the Clark County School District to use a certain amount of money from its Fund for Capital Projects to finance the replacement of schools designated for its pilot program; encouraging school districts throughout this state to use certain innovative designs and resources in reconstructing certain schools; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Clark County School District to continue pilot program for replacement of certain schools. (BDR S‑1007)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 448.
Bill read second time and ordered to third reading.
Assembly Bill No. 509.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 623.
Amend section 1, page 1, line 2, by deleting
“1.” and inserting “[1.]”.
Amend section 1, pages 1 and 2, by deleting lines 10 through 16 on page 1 and lines 1 through 22 on page 2, and inserting:
“[2. Any resident of the school district who is aggrieved by the
decision of the board of trustees at the reconsideration hearing may, within 30
days after that decision is rendered, make a written request to the State Board
of Education for a hearing to review the decision. The State Board of Education
shall conduct the hearing in the county in which the school is located within
30 days after receiving the request and shall publish a notice of the time and
place of the hearing in a newspaper of general circulation in the county at
least 10 days before the hearing. The State Board of Education shall hear the
matter de novo.] The decision of the [State Board of Education] board of trustees after its reconsideration hearing is a final
decision subject to judicial review as provided by law.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 510.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 247.
Bill read third time.
Roll call on Senate Bill No. 247:
Yeas—21.
Nays—None.
Senate Bill No. 247 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 314.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 314:
Yeas—21.
Nays—None.
Senate Bill No. 314 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 371.
Bill read third time.
Remarks by Senator Schneider.
Roll call on Senate Bill No. 371:
Yeas—18.
Nays—Care, Carlton, Titus—3.
Senate Bill No. 371 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 409.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 409:
Yeas—21.
Nays—None.
Senate Bill No. 409 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Nolan moved that Assembly Bill No. 155 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Nolan.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 416.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 416:
Yeas—21.
Nays—None.
Senate Bill No. 416 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 457.
Bill read third time.
Remarks by Senators Care and Rawson.
Roll call on Senate Bill No. 457:
Yeas—19.
Nays—Care, Titus—2.
Senate Bill No. 457 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 36.
Bill read third time.
Roll call on Assembly Bill No. 36:
Yeas—21.
Nays—None.
Assembly Bill No. 36 having received a two-thirds majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 81.
Bill read third time.
Roll call on Assembly Bill No. 81:
Yeas—21.
Nays—None.
Assembly Bill No. 81 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 91.
Bill read third time.
Roll call on Assembly Bill No. 91:
Yeas—21.
Nays—None.
Assembly Bill No. 91 having received a two-thirds majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 213.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 213:
Yeas—21.
Nays—None.
Assembly Bill No. 213 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 246.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 246:
Yeas—21.
Nays—None.
Assembly Bill No. 246 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 256.
Bill read third time.
Remarks by Senators Neal and Raggio.
Roll call on Assembly Bill No. 256:
Yeas—21.
Nays—None.
Assembly Bill No. 256 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 296.
Bill read third time.
Roll call on Assembly Bill No. 296:
Yeas—21.
Nays—None.
Assembly Bill No. 296 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 403.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 403:
Yeas—21.
Nays—None.
Assembly Bill No. 403 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 427.
Bill read third time.
Remarks by Senators Neal and Tiffany.
Roll call on Assembly Bill No. 427:
Yeas—19.
Nays—Carlton, Titus—2.
Assembly Bill No. 427 having received a constitutional majority, Mr. President pro Tempore 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 Bills Nos. 79, 84, 107, 113, 172, 224, 269, 277, 337, 397, 412, 484; Senate Joint Resolutions Nos. 1, 2; Senate Concurrent Resolution No. 34; Assembly Bills Nos. 262, 273, 497; Assembly Concurrent Resolution No. 20.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Carol Hardy, Jordyn Hardy and Isaac Hardy.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Jerry Blair.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Cottie Johnson.
Senator Raggio moved that the Senate adjourn until Tuesday, May 13, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:46 p.m.
Approved: Mark E.
Amodei
President pro Tempore of the
Senate
Attest: Claire J. Clift
Secretary of the Senate