THE ONE HUNDRED AND ELEVENTH DAY
Carson City (Saturday), May 24, 2003
Senate called to order at 12:04 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by Senator Washington.
Dear
God, we thank You for this day, and we thank You for this opportunity. I pray,
God, that You will look upon us. It has been glorious as we have worked
together with one another concerning the issues of this State, of our voters
and of our constituents.
Dear
God, we have about a week left. I pray in the remaining days our patience will
be long and our tempers will be long as well. I pray the remaining days of this
week will reflect our agenda, today, and with no pun intended, we will get the
hell out of here. In Christs 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 were referred Senate Bill No. 230; Senate Joint
Resolution No. 11; Assembly Bills Nos. 254, 470, 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 Assembly Bill No. 320, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
William J. Raggio, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, May 23, 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. 18, 127, 174, 240, 246, 247, 280, 288, 351, 413, 476,
478, 481, 482, 490, 493, 494.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 264, 297, 418, 441, 534.
Also,
I have the honor to inform your honorable body that the Assembly amended, and
on this day passed, as amended, Senate Bill No. 19, Amendment No. 809; Senate
Bill No. 46, Amendment No. 851; Senate Bill No. 55, Amendment No. 777; Senate
Bill No. 76, Amendment No. 826; Senate Bill No. 82, Amendment No. 721; Senate
Bill No. 97, Amendment No. 774; Senate Bill No. 100, Amendment No. 744; Senate
Bill No. 102, Amendment No. 811; Senate Bill No. 112, Amendment No. 873; Senate
Bill No. 116, Amendment No. 878; Senate Bill No. 136, Amendment No. 776;
Senate Bill No. 143, Amendment No. 737; Senate Bill No. 146, Amendment No. 637;
Senate Bill No. 147, Amendment No. 790; Senate Bill No. 168, Amendments Nos.
812, 883; Senate Bill No. 179, Amendment No. 628; Senate Bill No. 193, Amendment
No. 813; Senate Bill No. 196, Amendment No. 814; Senate Bill No. 229, Amendment
No. 779; Senate Bill No. 231, Amendments Nos. 575, 785; Senate Bill No. 241,
Amendment No. 805; Senate Bill No. 262, Amendment No. 795; Senate Bill No. 309,
Amendment No. 794; Senate Bill No. 312, Amendment No. 783; Senate Bill No. 319,
Amendments Nos. 884, 904; Senate Bill No. 320, Amendments Nos. 816, 879; Senate
Bill No. 328, Amendment No. 647; Senate Bill No. 329, Amendment No. 793;
Senate Bill No. 331, Amendment No. 780; Senate Bill No. 332, Amendments Nos.
627, 817; Senate Bill No. 336, Amendment No. 843; Senate Bill No. 345,
Amendment No. 784; Senate Bill No. 354, Amendment No. 706; Senate Bill No. 370,
Amendments Nos. 901, 755; Senate Bill No. 372, Amendment No. 818; Senate Bill
No. 386, Amendment No. 690; Senate Bill No. 423, Amendment No. 819; Senate Bill
No. 425, Amendments Nos. 820, 872, 899; Senate Bill No. 426, Amendment No.
821; Senate Bill No. 436, Amendment No. 729; Senate Bill No. 444, Amendment No.
738; Senate Bill No. 449, Amendment No. 792; Senate Bill No. 451, Amendment No.
638; Senate Bill No. 452, Amendment No. 705; Senate Bill No. 453, Amendment No.
788; Senate Bill No. 459, Amendment No. 786; Senate Bill No. 460, Amendment No.
749; Senate Bill No. 470, Amendment No. 641; Senate Bill No. 475, Amendment No.
642; Senate Bill No. 485, Amendment No. 651; Senate Bill No. 486, Amendment No.
650; Senate Bill No. 489, Amendment No. 757; Senate Bill No. 491, Amendments
Nos. 890, 822; Senate Joint Resolution No. 3, Amendment No. 649; Senate Joint
Resolution No. 4, Amendment No. 648, and respectfully requests your honorable
body to concur in said amendments.
Also,
I have the honor to inform your honorable body that the Assembly on this day
concurred in the Senate Amendment No. 718 to Assembly Bill No. 384; Senate
Amendment No. 565 to Assembly Bill No. 402.
WAIVERS
AND EXEMPTIONS
Notice
of Exemption
May 24, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of Senate Bill No. 496.
MOTIONS, RESOLUTIONS AND NOTICES
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.
Motion carried.
Senate Resolution No. 8.
Resolution read.
Senator Amodei moved the adoption of the resolution.
Remarks by Senator Amodei.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 264.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 297.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 418.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 441.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 534.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 209.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 864.
Amend section 1, page 1, line 2, by deleting $225,026 and inserting $100,000.
Amend sec. 2, page 1, by deleting lines 6 through 9 and inserting:
Sec. 2. On June 30, 2005, any amount in excess of $175,000 in the Retired Justice Duty Fund must not be committed for expenditure and reverts to the State General Fund after all payments of money committed prior to June 30, 2005, have been paid..
Amend the title of the bill to read as follows:
AN ACT relating to senior judges; providing for the reversion of certain money in the Retired Justice Duty Fund to the State General Fund; making an appropriation; and providing other matters properly relating thereto..
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 542.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 882.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent practicable, the Legislative
Counsel shall cause each bill or joint resolution introduced in the Legislature
to include a digest. The digest must be printed on the bill immediately
following the title of the bill.
2. The digest must be drafted by the Legislative Counsel in plain English and include a concise and clear summary of any existing laws directly related to the legislation and a summary of how the legislation adds to, changes or repeals such existing laws. To the extent practicable, if either house amends a bill or joint resolution, the Legislative Counsel shall cause the digest to be revised as necessary to reflect the adoption of the amendment. The digest is not subject to amendment by the Legislature..
Amend sec. 9, page 6, between lines 18 and 19, by inserting:
3. If an amendment adds an appropriation to a bill that previously did not include an appropriation or removes all appropriations from a bill that previously included one or more appropriations, the Legislative Counsel shall change the summary of the bill to reflect the inclusion or removal..
Amend the bill as a whole by deleting sec. 22 and adding a new section designated sec. 22, following sec. 21, to read as follows:
Sec. 22. NRS 426.715 is hereby amended to read as follows:
426.715 Any person who sells, solicits orders for or delivers, in any public building or on any public land, any commodity which a blind vendor is authorized by the Bureau to sell is guilty of a misdemeanor except:
1. A person licensed by or under contract to the Bureau;
2. A person who delivers a commodity to a blind vendor or for his account;
3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;
4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the building or land;
5. A person who is catering an event inside or otherwise delivering food or beverages to the Legislative Building; or
[5.] 6. A person who is
authorized to conduct such an activity under the terms of a contract, lease or
other arrangement with a municipality pursuant to NRS 496.090..
Senator Washington moved the adoption of the amendment.
Remarks by Senators Washington and Carlton.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Joint Resolution No. 13.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 106.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 106:
Yeas20.
NaysNeal.
Senate Bill No. 106 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 258.
Bill read third time.
Roll call on Senate Bill No. 258:
Yeas21.
NaysNone.
Senate Bill No. 258 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 352.
Bill read third time.
Roll call on Senate Bill No. 352:
Yeas21.
NaysNone.
Senate Bill No. 352 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 16.
Bill read third time.
Remarks by Senators Neal and Amodei.
Senator Neal requested that Senator Amodei's remarks be entered in the Journal.
Senator Amodei:
Thank you, Madam President. Though, I do not speak for the
Legislative Counsel or the Attorney General, I will state for the record, since
I was asked as the chairman of the Judiciary Committee, that I believe the
answer to Senator Neals question is 60 days. The first two 30-day periods that
are identified in Assembly Bill No. 16 run concurrently and not consecutively.
Roll call on Assembly Bill No. 16:
Yeas21.
NaysNone.
Assembly Bill No. 16 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 326.
Bill read third time.
Roll call on Assembly Bill No. 326:
Yeas21.
NaysNone.
Assembly Bill No. 326 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 493.
Bill read third time.
Roll call on Assembly Bill No. 493:
Yeas21.
NaysNone.
Assembly Bill No. 493 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration
of Assembly Amendments
Senate Bill No. 440.
The following Assembly amendment was read:
Amendment No. 752.
Amend sec. 11, page 3, lines 21 and 36, by deleting assessor and inserting treasurer.
Amend sec. 12, page 3, line 38, by deleting assessor and inserting treasurer.
Amend sec. 12, page 4, lines 1 and 4, by deleting assessor and inserting treasurer.
Amend sec. 13, page 4, lines 9 and 21, by deleting assessor and inserting treasurer.
Amend sec. 16, page 5, line 3, by deleting assessor and inserting treasurer.
Amend sec. 16, page 5, by deleting lines 7 through 10 and inserting: treasurer shall prepare such a statement and provide the.
Amend sec. 18, page 5, lines 32 and 33, by deleting assessor and inserting treasurer.
Amend sec. 20, page 6, line 6, by deleting assessor. and inserting treasurer..
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 440.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 469.
The following Assembly amendment was read:
Amendment No. 640.
Amend sec. 2, page 2, by deleting lines 40
through 42 and inserting: change in the population of the local government [for
the fiscal year immediately preceding the year in which the allocation is made
and the 4] over the 5 fiscal
years immediately preceding the year in which the.
Amend sec. 2, page 3, by deleting lines 9
through 11 and inserting: percentage of change in the population of the local
government [for the fiscal year immediately preceding the year in which the
allocation is made and the 4] over
the 5 fiscal years immediately preceding the.
Amend sec. 2, page 3, line 36, by deleting
5 and inserting: [5] year in
which the allocation is made, as projected by the Department pursuant to NRS
361.390, and the 4.
Amend sec. 2, page 3, line 43, by deleting
5 and inserting: [5] year in
which the allocation is made, as projected by the Department pursuant to NRS
361.390, and the 4.
Amend sec. 2, page 4, by deleting lines 29 and 30 and inserting: the local government over the 5 fiscal years.
Amend sec. 2, page 5, line 11, by deleting 5 and inserting: year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4.
Amend sec. 2, page 5, by deleting lines 41 and 42 and inserting: the local government over the 5 fiscal years.
Amend sec. 2, page 6, by deleting lines 21 and 22 and inserting: the county over the 5 fiscal years immediately.
Amend sec. 2, page 6, line 29, by deleting 5 and inserting: year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4.
Amend sec. 3, page 9, by deleting lines 43
and 44 and inserting: local government [for the fiscal year immediately
preceding the year in which the allocation is made and the 4] over the 5 fiscal years immediately.
Amend sec. 3, page 10, line 23, by deleting
5 and inserting: [5] year in
which the allocation is made, as projected by the Department pursuant to NRS
361.390, and the 4.
Amend sec. 3, page 11, by deleting lines 9 and 10 and inserting: the local government over the 5 fiscal years.
Amend sec. 3, page 11, line 36, by deleting 5 and inserting: year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4.
Amend sec. 3, page 12, by deleting lines 21 and 22 and inserting: the local government over the 5 fiscal years.
Amend sec. 3, page 13, by deleting lines 2 and 3 and inserting: the county over the 5 fiscal years immediately.
Amend sec. 3, page 13, line 10, by deleting 5 and inserting: year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 469.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Recede
From Senate Amendments
Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 40, 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 Care, Amodei and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 40.
Recede
From Senate Amendments
Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 73, 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 Washington, Nolan and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 73.
Recede
From Senate Amendments
Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 78, 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, McGinness and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 78.
Recede
From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 218, 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 Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Nolan, Mathews and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 218.
Madam President appointed Senators Amodei, Care and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 206.
Madam President appointed Senators Care, Nolan and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 207.
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 10, 24, 73, 90, 94, 125, 183, 199, 204, 253, 287, 297, 307, 317, 323, 327, 353, 394, 424, 428, 434, 450, 465, 466, 467; Senate Concurrent Resolution No. 36; Assembly Bills Nos. 384, 402.
remarks from the floor
Senator Raggio requested that his remarks be entered in the Journal.
Beginning
Monday, May 26, the Senate will suspend Senate rules to immediately transmit
all bills and resolutions to the Assembly; immediately place all bills and
resolutions reported out of committees with amendments on the appropriate
reading files, time permitting; and declare all bills and joint resolutions
reported out of committees with a do pass emergency measures, and that they
be placed on the General File, time permitting.
Implementing these actions will allow us to move the process
along at a faster pace as we draw near the 120th day. This also means that we
may have more than one agenda during our regular floor sessions.
Senator Raggio moved that the Senate adjourn until Monday, May 26, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:43 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate