THE FORTY-SIXTH DAY
Carson City(Thursday), March 18, 1999
Senate called to order at 11:13 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, Dr. Ken Haskins.
God of love and mercy, light and truth, we invoke Your presence. Be ever so near that Your presence will help each Senator according to his or her individual needs. Guide these servants of Yours in order that their time will prove productive and their work will be beneficial to all.
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 was referred Assembly Bill No. 113, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 17, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 63; Assembly Bills Nos. 213, 261, 340, 353.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 227.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 470—AN ACT relating to debt management commissions; authorizing the provision of staff or technical assistance to the commissions; establishing certain qualifications for members of the commissions; providing for the removal of members of the commissions in certain circumstances; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 471—AN ACT relating to local governments; requiring a legislative measure to include on its face a disclosure concerning unfunded mandates under certain circumstances; placing a monetary limitation on the programs and services for which a specified source for additional revenue must be authorized; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 472—AN ACT relating to public administrators; increasing the value of estates that may be administered by a public administrator by affidavit; authorizing the destruction of the property of a ward or decedent without giving notice to the next of kin, under certain circumstances; revising the circumstances under which a public administrator is required to petition a court for appointment as guardian of a ward; authorizing a public administrator or a deputy designated by him to obtain the name and address of a customer of a public utility; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 473—AN ACT relating to local governments; providing in skeleton form for requiring a question to be submitted to the electors of certain local governments in severe financial emergency asking whether the local government should be disincorporated or dissolved if the Nevada tax commission determines that the severe financial emergency is unlikely to cease to exist within 5 years; requiring certain taxes and mandatory assessments to be raised and services of the local government limited if the electors of such a local government do not approve such a question; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 474—AN ACT relating to public works; authorizing the state public works board to let to a contractor a contract for services which assist an architect in the design of a project of capital improvement without the approval of the interim finance committee or the legislature; authorizing the board to establish procedures for awarding such a contract and the corresponding construction contract for the project without the use of competitive bidding; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 475—AN ACT relating to public works; authorizing a public body to contract with a design-build team or specialty contractor for the design and construction of a public work in certain circumstances; authorizing the department of transportation to contract with a design-build team with respect to a project for the design and construction, reconstruction or improvement of highways in certain circumstances; setting forth the method in which proposals for a design-build contract must be solicited; setting forth the method in which a design-build team must be selected; authorizing a public body or the department of transportation to employ an architect or engineer to oversee the construction of a public work or project; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 476—AN ACT relating to taxation; exempting certain ad valorem tax levies from the limitation on the total ad valorem tax levy for all public purposes; requiring the publication of a notice if the highest combined tax rate in the county exceeds a certain level; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 477—AN ACT relating to taxation; raising the tax on the rental of transient lodging within Washoe County to pay certain costs related to the promotion of tourism; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 478—AN ACT relating to state government; authorizing the commission to appoint an executive director and commission counsel and providing their duties; increasing the number of members of the commission; authorizing the chairman of the commission to issue subpoenas in certain circumstances; revising the provisions relating to requests for opinions by the commission and the manner in which determinations of just and sufficient cause to render such opinions are made; revising the civil penalties for willful violations of ethical provisions; revising the penalties for certain crimes; requiring the payment of certain fees by candidates for use by the commission; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 479—AN ACT relating to malpractice; requiring the division of insurance of the department of business and industry to give preference to and expedite claims filed by claimants who are critically ill; revising the provisions governing the admissibility at trial of certain findings of a screening panel; creating a preference for the setting of a trial date for an action involving medical or dental malpractice; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 480—AN ACT relating to juries; exempting a victim of domestic violence who has a fictitious address from service as a grand or trial juror; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 481—AN ACT relating to controlled substances; providing in skeleton form for various changes concerning controlled substances and impaired operation of vehicles and vessels; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 482—AN ACT relating to criminal procedure; requiring a district attorney to provide copies of certain materials to a person before his arraignment if the person is indicted by a grand jury without receiving prior notice of its proceedings; requiring a district attorney to provide certain persons who are the targets of proceedings before a grand jury with a summary of the evidence that the district attorney intends to present to the grand jury; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 483—AN ACT relating to criminal procedure; allowing the use of certain affidavits at a preliminary examination or grand jury proceeding under certain circumstances; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 484—AN ACT relating to records; ratifying the National Crime Prevention and Privacy Compact; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 485—AN ACT relating to technology; creating the advisory board for the Nevada task force for high-technology crime; prohibiting certain activities of certain providers of telecommunications services; requiring Internet service providers to keep certain information confidential under certain circumstances; prohibiting prisoners from having access to telecommunications devices except under certain circumstances; making various other changes to provisions governing the use of technology; providing penalties; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 486—AN ACT relating to public utilities; requiring a public utility which does not reconstruct its facilities along a street when the street is reconstructed to ensure that the facility will provide service without substantial alteration for the life of the improvement made to the street; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 487—AN ACT relating to telecommunications; requiring the department of human resources to provide certain providers of telecommunication services with information concerning customers who are eligible to receive lifeline and link up services; regulating the provision of such services to eligible customers; providing for the establishment of a statewide emergency enhanced 911 system; creating the section for emergency telecommunication services within the bureau of consumer protection in the office of the attorney general and prescribing its duties; creating an account for the emergency enhanced 911 system; providing civil penalties; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 488—AN ACT relating to education; authorizing the state board of education and a county school district to consider certain criminal proceedings and to inspect certain sealed records for the purpose of licensing, employment or discipline of personnel; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 489—AN ACT relating to education; authorizing the association for interscholastic activities to include schools from other states in competitive leagues for purposes other than participation in the post season competition for Nevada championship status; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 213.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 227.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 261.
Senator Washington moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 340.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 353.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 18, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 33, 34.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 33—Memorializing former Assemblyman Louis W. Bergevin.
WHEREAS, Nevadans were deeply grieved to learn of the death of Louis W. Bergevin on February 19, 1998; and
WHEREAS, Lou Bergevin was born on June 22, 1922, in the old brick hospital on Main Street in Gardnerville and remained a life-long Douglas County resident; and
WHEREAS, After attending Gardnerville Grammar School and Douglas County High School, Lou Bergevin studied mechanical engineering at the University of Nevada, Reno; and
WHEREAS, Lou Bergevin served in the United States Army Air Force ordnance department for 6 years from 1941 to 1946 and was overseas for 3 1/2 years; and
WHEREAS, During his esteemed career in public service, Lou Bergevin served as a member and past President of the Douglas County School Board, as a member of the Nevada State Board of Education for 11 years presiding as President from 1961 to 1970 and as a member of the Nevada Tax Commission from 1970 to 1974; and
WHEREAS, Lou Bergevin received the Cattleman of the Year award in 1971 and was President of the Nevada Cattleman’s Association from 1978 to 1979; and
WHEREAS, Lou Bergevin served for 14 years as an Assemblyman from 1979 to 1992, participating in seven regular and three special sessions; and
WHEREAS, During his tenure as an Assemblyman, Lou Bergevin was a member of the Taxation Committee, Chairman of the Committee on Government Affairs in 1985, Chairman of the Legislative Commission in 1985 and 1986, served as Minority Floor Leader for the 1987 and 1989 legislative sessions and Minority Whip for the 1991 legislative session; and
WHEREAS, While serving the State of Nevada as an Assemblyman, Lou Bergevin wrote and helped develop tax measures that protected veterans and senior citizens and urged the passage of a law that required residential construction taxes to be used in the neighborhoods where they were collected; and
WHEREAS, After his years as an Assemblyman, Lou Bergevin and his wife, Luetta Dressler Bergevin, worked together managing the Fred Dressler Ranch, one of Nevada’s largest ranching operations owned by the Dressler family; and
WHEREAS, Assemblyman Lou Bergevin is survived by his wife, Luetta, son, Lee Bergevin of Sparks, daughter, Jeanne Russell of Carson City, sister, Lillian, five grandchildren, three step-grandchildren and several nieces and nephews; now, therefore, be it
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That the members of the 70th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of Louis W. Bergevin; and be it further
RESOLVED, That Lou Bergevin will long be remembered by his friends in the Nevada Legislature for his wisdom and leadership ability as he helped guide this legislative body through major changes in the Nevada tax system; and be it further
RESOLVED, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lou Bergevin’s beloved wife, Luetta, and to his children, Lee Bergevin and Jeanne Russell.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Jacobsen, Coffin, O’Donnell and Amodei.
President pro Tempore requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President pro Tempore. I do have some personal remarks to make on Assembly Concurrent Resolution No. 33, but on this occasion I would defer to you as the representative from the district Assemblyman Bergevin served in. I know of your personal friendship with him and so would like to accord you the honor and privilege of speaking on the resolution.
President pro Tempore Jacobsen:
Thank you, Mr. Majority Leader. With the permission of the body, I would like to make some remarks from the President’s position.
Lou Bergevin was a special person for me. We grew up together, attended school together and served together in this Legislature for many years. It was always my hope and dream that he would some day sit here as a Senator.
The family itself has a history all of its own. Not only a history, but also a heritage in the Carson Valley. Luetta’s father, Fred Dressler, was a legend. Also, her grandfather served for 14 years in the Nevada Senate which was a record that stood for many years. My first insight into the Legislative Body, upon my return from military service, was to realize that he was my Senator.
Over the years, it goes without saying that Luke was a special kind of person. I called him Luke even though he went by Louis. He possessed an expertise that wouldn’t quit, whether it had to do with education, taxation, natural resources, agriculture, you name it. I can recall that never once did he back down or change his mind. He was as stubborn as they come. His convictions were a legend. I think he probably inherited that trait from the family. When you realize that the Russell family is tied into this family, there is a heritage there that you simply cannot match. Charlie Russell was one of the Governors of this state.
I want to get a little personal here. I delivered gas and oil to the Dressler ranch. I worked on their furnaces and oil stoves. It was always a pleasure to call there. I never left that ranch that I didn’t go home with a slab of bacon or a couple of steaks. Admittedly, I had to read most of Luetta’s father’s mail and listen to what was going on. What a joy that was. I think back many times on all the beautiful relationships we enjoyed.
Issues concerning Lake Tahoe were very pertinent and somewhat troublesome in those days. Luke was one of those people who was always there when you needed him, and you knew where he stood.
On the lighter side, we had a little breakfast group that gathered at Sharkey’s every Sunday morning. Some of us still do that. Luetta’s father Fred, her brother Frederick, Luke and I sat there and solved all the problems of the world. It was so easy. Sometimes the conversation got pretty heated, but we always parted as friends. I think the four of us formed a very unique club called the Carson Valley Nut Club. I will not explain that further. It was a club that had the welfare of everyone at heart, especially the fairer sex.
Once again, I sincerely ask each and every one of you to adopt this resolution because not only was Luke knowledgeable concerning Nevada, but also California. The Dressler ranch encompassed land in several California counties including Alpine and Mono. He was kind of the go between with California and Nevada.
Luetta, in her own right, was also a champion. She was a Navy nurse during World War II. One time, after a crash landing, I was transported to a hospital where she was stationed. I thought I had it made, but she happened to be off-duty at that time. Her service to her country is something to be admired.
Senator Raggio:
Thank you, Mr. President pro Tempore. I think you said it very well, but I would like to address the resolution also. I served in the Legislature with Louis Bergevin and was a fellow member of the Carson Valley Nut Club.
Lou was a native Nevadan. He was a life-long resident of Douglas County. Before he entered the legislative service, he held every important position in his community. He was a leader, an eminent rancher and a participant in all of the affairs of the community. When you are a participant in Douglas County, let me tell you that is a real challenge. You have a lot of people to deal with there who have definite points of view. He was on the school board, a member of the State Board of Education, and was appointed and served with distinction on the Nevada Tax Commission. During my early years in the Senate, I knew him when he was a spokesman for the Nevada Cattleman’s Association. He did a tremendous job. He set the standard on how to lobby in the Legislature because the interests of the Nevada Cattleman’s Association were of great importance during that era. He made sure that everyone knew about it. I certainly agree that he did not back down from his ideas. Probably, the only time he might have backed down was when he encountered his father-in-law, Fred Dressler. I think Fred probably got the better of Lou on those occasions.
It was a pleasure to work with him. He came into the Assembly following his service with the Nevada Cattleman’s Association in 1979. He served seven sessions in the Nevada Assembly, 14 years. During that time he set a high standard as a legislator. I know they have not established a “Hall of Fame” in the Assembly, but if they ever do he should be an early inductee. He set an example for all of us in dealing with tough issues. As previously mentioned, there was no one who knew more about the issues of education and taxation. His advice was sought by all of us, in both houses, on some pretty tough issues in those days. He was an eminent participant.
He had a distinguished career. He achieved in whatever his position was, both in and out of the Legislature. When he departed from the Assembly, it was a loss felt by both houses and members of both parties.
I am very privileged to do honor to his memory today and to have his family members here on this occasion.
Senator Coffin:
Thank you, Mr. President pro Tempore. I had the privilege of serving with Lou for four years. I also want to indicate that there are three or four others in this body that also served with Lou. Senator Rhoads, Senator McGinness, Senator O’Donnell and myself were the lucky four who served with Lou in the Assembly at some time or another. Serving with Lou was an unforgettable experience. It was through Lou that all of us met his lovely bride and talented artist Luetta. Her work is displayed throughout northern Nevada. Yet, I can see what inspired Luetta to draw landscapes because people would be difficult to draw. Living with Lou would cause you to think in colors. The color “red” comes to mind because, if anyone ever epitomized intensity and passion in legislative work, it was Lou Bergevin. Before basketball coaches bandied about the word intensity, Lou was intensity. Many people rise to a level of intensity, but Lou started with a level of intensity higher than that of others. Yet, in discussion, you quickly learned that this was normal behavior for Lou. His red face and bulging veins were normal when he pressed his point upon you. This was how he was. His intensity and passion came from knowledge and it was very difficult for him to suffer fools such as this Senator. He expected us to know everything as well as he did and to learn it quickly. That was the standard Lou Bergevin set for all of us. I think serving with him was a good place to learn. I am proud that I understudied with Lou Bergevin and served with him on the Assembly Taxation Committee. I think we should all have that experience and learn regardless of party affiliation. I know that Lou buried his party affiliation at the door before the committee hearings began. He intensely guarded the interests of education.
I cannot believe that Lou served only 14 years. It seems like he served much longer than that. Looking at that, I realize that I have now served longer than Lou Bergevin and that maybe it is time for me to say goodbye.
I thank you so much for bringing this resolution to us. It is truly an honor to join with all of you in honoring Lou Bergevin.
Senator O’Donnell:
Thank you, Mr. President pro Tempore. To Luetta and the family, I served with Lou in 1985. I only served one session in the Assembly before coming to the Senate. I’ll never forget one little story that happened to me while I was over there. One day, I was looking around the chambers and saw that a couple of the members had newspapers. There were no computers on our desks at that time, so we had these huge papers. Lou would have his legs crossed on his desk and have his paper open in front of his face. Of course, the session had started. I turned to him and said “Lou, Lou the press is watching. You’re reading your newspaper and they are watching.” He replied “I don’t give a rip.” He kept on reading and didn’t care about anything. He taught me a lot about that and now, I don’t give a rip either.
We’re all going to miss him. He was a great guy and we loved him.
Senator Amodei:
Thank you, Mr. President pro Tempore. As a fellow member of the Carson Valley Nut Club, I rise in support of this resolution. When you speak about legacy, some of the things that some people in this body do not realize is that Lou played a pretty important role in helping some people that you know now to get involved in the political process. Some of those people are Chief of Staff for the Governor, Secretary of State and your present speaker. In defining that legacy, I will leave it to you each of you individually as to whether that is a good thing or a bad thing or whether or not the jury is still out on that. I must also indicate that Lou was never afraid to give good advice. Some of the best advice he ever gave me, when I was considering becoming involved in this process, was to maybe think about not getting involved in it. Sometimes I wish I had taken that advice. I must tell you though, as I sit here and see Lou’s family in front of me, you hear how Lou used to run the caucus in the Assembly. There wasn’t a lot of gray in Lou’s vision. It was either black or white. If you did not see it his way at the time, he had a rather novel way of getting you to see the right color. I can’t help but see that in his children. Lou’s daughter Jeannie is married to one of my law partners. Whenever we are having any trouble with Todd, all we have to do is to get a hold of Jeannie because we know that, true to Lou’s form, if you want anything done in that house—you go see the Bergevin.
I do miss him, and I hope you will all support this resolution.
Resolution adopted.
Assembly Concurrent Resolution No. 34.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Assembly Concurrent Resolution No. 34 be immediately transmitted to the Assembly.
Motion carried unanimously.
SECOND READING AND AMENDMENT
Senate Bill No. 36.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 74.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 361.838 is hereby amended to read as follows:
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department or county assessor shall furnish the appropriate form to each claimant.
4. The county assessor shall, within [45]30days after receiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the claim applies, if applicable; and
(c) Submit the claim to the department.
5. The department shall not accept a claim submitted pursuant to subsection 4 after July 1.”.
Amend section 1,
page 1, by deleting lines 9 through 11 and inserting: “claimant by [September
30.]August 15.”.
Amend sec. 2, page 1, line 12, by deleting: “upon passage and approval.” and inserting: “on January 1, 2000.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to taxation; revising the time within which a claim for a homeowner’s refund may be filed under the Senior Citizens’ Property Tax Assistance Act; advancing the date by which such a refund must be paid; and providing other”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 46.
Bill read second time and ordered to third reading.
Senate Bill No. 47.
Bill read second time and ordered to third reading.
Senate Bill No. 199.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 94.
Amend the bill as a whole by renumbering sections 8 through 19 as sections 11 through 22 and adding new sections designated sections 8 through 10, following sec. 7, to read as follows:
“Sec. 8. NRS 633.321 is hereby amended to read as follows:
633.321 1. Every applicant for a license shall:
(a) File an application with the board in the manner prescribed by regulations of the board;
(b) Submit verified proof satisfactory to the board that he meets the age, citizenship and educational requirements prescribed by this chapter; and
(c) Pay in advance to the board the application and initial license fee specified in this chapter.
2. An application filed with the board pursuant to subsection 1 must include the social security number of the applicant.
3. The board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.
4. The board may reject an application if it appears that any credential submitted is false.
Sec. 9. NRS 633.341 is hereby amended to read as follows:
633.341 1. If an applicant fails in a first examination, he may be re-examined after not less than 6 months.
2. If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the board of further postgraduate study following the second examination satisfactory to the board.
3. Each applicant who fails an examination and who is permitted to be re-examined shall pay for each re-examination the re-examination fee specified in this chapter.
4. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may refund a portion of the application and initial license fee not to exceed $100 upon the request of the applicant. [There shall be no] An applicant is not entitled to a refund of the application and initial license fee if [an applicant] he appears for examination.
Sec. 10. NRS 633.361 is hereby amended to read as follows:
633.361 1. Except as otherwise provided in NRS 633.315, the board may issue a license without examination to a person:
(a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the board to be practically equivalent to the licensing requirements in force in this state at that time.
(b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed an examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the National Board of Examiners for Osteopathic Physicians and Surgeons.
2. Any person applying for a license under the provisions of subsection 1 shall:
(a) Furnish to the board such proof of qualifications and pass an oral examination as the board may require; and
(b) Pay in advance to the board the application and initial license fee specified in this chapter.”.
Amend sec. 9, page 3, by deleting lines 28 through 42 and inserting:
1. [Initial] Application and initial license fee........................... [$200]$500
2. Annual license renewal fee........................................................... [100]300
3. Temporary license fee...................................................................... [50]100
4. Special license fee............................................................................ [50]100
5. Special license renewal fee.............................................................. [50] 100
6. Re-examination fee..................................................................................... 200
7. Late payment fee.............................................................................. [35]100
8. For a certificate as an osteopathic physician’s assistant......... [100]200
9. Renewal of a certificate as an osteopathic physician’s
assistant..................................................................................... [50]100
10. For an application to employ an osteopathic
physician’s assistant........................................................... [100]200”.
Amend the title of the bill by deleting the sixth and seventh lines and inserting: “revising the fees that may be charged and collected by the board; and providing other matters properly relating thereto”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senators Carlton, James and O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 263.
Bill read second time and ordered to third reading.
Senate Bill No. 281.
Bill read second time and ordered to third reading.
Senate Bill No. 282.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 233.
Bill read third time.
Remarks by Senators Care and Neal.
Roll call on Senate Bill No. 233:
Yeas—19.
Nays—None.
Not Voting—Coffin.
Excused—Rawson.
Senate Bill No. 233 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 300.
Bill read third time.
Roll call on Senate Bill No. 300.
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 300 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 22, 23, 24, 45, 55, 68, 73, 79, 83, 104, 105, 120, be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Assembly Concurrent Resolution No. 34.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senators Amodei and Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Carson City Women’s Republican Club: Colleen Stockton, Cathy Tierney, Helen Glen, Cathy Paschane, Ann Marie Cutkosky, Edie LeFevre, Laura Wells-Buehn, Mary Burgoon, Marian Setterfield, Lori Johnson, Audrey Rich, Jeanne Simons, Jodi Costa and Diann Gardner.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Luetta Bergevin, Lee Bergevin, Jeanne Russell, Lillian Bergevin, Sharon Bergevin, Erin Bergevin, Greg Curry, Matt Russell and Todd Russell.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to John Sande, Jr.
Senator Raggio moved that the Senate adjourn until Friday, March 19, 1999 at 10:30 a.m.
Motion carried.
Senate adjourned at 12:24 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas