THE FIFTIETH DAY
Carson City(Monday), March 22, 1999
Senate called to order at 11:41 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Rhoads, who was excused.
Prayer by the Chaplain, the Reverend Bruce Henderson.
Lord,
The coming of spring promises us growth, new life and hope. As the outdoors enters this fresh new season, we pray that its renewal spills out on us in here as well.
We pray this in the Name of the One who gives us life and breath and all things.
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
Mr. President pro Tempore:
Your Committee on Finance, to which was referred Senate Bill No. 190, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was referred Senate Joint Resolution No. 12 of the 69th Session, 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 Judiciary, to which was referred Senate Bill No. 480, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 19, 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. 96; Assembly Bills Nos. 203, 253, 270, 390.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 24.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Rawson, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 24—Honoring Chinese journalist Gao Yu.
WHEREAS, Gao Yu, a well-known Chinese journalist, was one of the first intellectuals to support students at Tiananmen Square in China; and
WHEREAS, In 1989, Gao Yu was involved in mediation between students and the authorities in China during the pro-democracy movement in Tiananmen Square, and was one of the first intellectuals to be detained; and
WHEREAS, In October, 1993, Gao Yu was apprehended by the Beijing State Security 2 days before she was due to leave China for a fellowship at Columbia University in New York; and
WHEREAS, This outstanding 52-year-old woman was not allowed to have representation by her attorneys, her husband was not notified of her apprehension and the verdict of spying and illegally providing state secrets in articles for a Hong Kong magazine which was entered in November 1994, caused her to receive a sentence of 6 years in prison; and
WHEREAS, While the information reportedly obtained by Gao Yu may have been confidential, there is no indication or evidence in the court verdict that it concerned matters of national security; and
WHEREAS, In her appeal to the Beijing Higher People’s Court, Gao Yu maintained that her detention and trial were political and stated that the contents of the documents which she was accused of leaking did not contain state secrets; and
WHEREAS, During this period in detention, Gao Yu is reported to have developed heart and kidney conditions, from which she is said to be still suffering; and
WHEREAS, Because of Gao Yu’s serious medical conditions, she was recently released from prison, but continues to be on parole; now, therefore, be it
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the Nevada Legislature do hereby honor Gao Yu for her courage and determination to fight for the ideals of democracy; and be it further
RESOLVED, That Las Vegas entertainers Malu-Lani and Maka-Koa are hereby commended for their support of Gao Yu which they continue to demonstrate by dedicating one song to Gao Yu at most of their performances; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Malu-Lani and Maka-Koa.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Senator Rawson requested that his remarks be entered in the Journal.
Known as the Magical Hula Girls, Malu-Lani and Maka-Koa created a song dedicated to Gao Yu which has been performed throughout Las Vegas. They continue to dedicate at least one song to Gao Yu at most of their performances.
Gao Yu was involved with both students and authorities in China during the pro-democracy movement.
She was detained and convicted of spying and illegally providing state secrets. She received a six-year sentence in prison.
There was no evidence of her providing information involving matters of national security. In her appeal, she maintained that the documents she was accused of leaking did not contain state secrets.
During detention, Gao Yu developed heart and kidney conditions from which she is still suffering.
She has been released from prison due to her serious medical condition, but continues to be on parole.
Gao Yu should be honored for her courage to fight for democracy.
Resolution adopted.
Senator Rawson moved that all rules be suspended and that Senate Concurrent Resolution No. 24 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senate Concurrent Resolution No. 19.
Resolution read.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 160.
Amend the resolution, page 2, by deleting lines 1 through 17 and inserting: “conduct an interim study of methods to encourage corporations and other business entities to organize and conduct business in this state; and be it further
Resolved, That the study must include, without limitation, a comprehensive assessment of:
1. Whether any laws concerning business entities should be revised to facilitate the organization of business entities in this state and the conducting of business by business entities in this state;
2. The administrative fees charged to business entities who organize or conduct business in this state;
3. The need for expanded use of technology, including, without limitation, electronic filing of documents, to assist the Office of the Secretary of State in maintaining a high level of service for business entities;
4. Whether the hours of operation of the Office of the Secretary of State should be extended; and
5. Whether a court of limited jurisdiction should be established to resolve litigation and contractual disputes relating to business entities, and the possible organization of such a court, including, without limitation:
(a) The jurisdiction of such a court;
(b) The manner in which the judges for the court would be selected if such a court were to be established in this state and the qualifications required for such judges; and
(c) The development of a proposed structure and administration for the court, with consideration given to caseloads, facilities and personnel required for the operation of the court and consideration given to the possible effects on the operation and organization of the other courts”.
Amend the preamble of the resolution, page 1, by deleting lines 1 through 22 and inserting:
“WHEREAS, The State of Nevada is recognized for its achievements in establishing and maintaining an attractive climate for business entities to organize and conduct business; and
WHEREAS, The State of Nevada has a vital interest in ensuring that business entities continue to enjoy the benefits of organizing and conducting business in this state; and
WHEREAS, A comprehensive assessment of the possible methods to encourage corporations and other business entities to organize and conduct business in this state would be beneficial in maintaining and improving the attractive climate for business entities that exists in this state; and
WHEREAS, A comprehensive assessment should include a review of methods that have helped other states to become more user-friendly to business entities, such as the reduction of certain administrative fees, the expanded use of available technology and the extension of the hours of operation of the Office of the Secretary of State; and
WHEREAS, The establishment of a court of limited jurisdiction to resolve litigation and contractual disputes relating to business entities may promote greater specialization among judges, may ensure that cases and disputes are heard by judges with experience and expertise in complex corporate and fiduciary matters, may contribute to the development and stability of corporate and business law and may ensure consistency in the disposition of cases and disputes involving business entities; now, therefore, be it”.
Amend the title of the resolution to read as follows:
“SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct an interim study of methods to encourage corporations and other business entities to organize and conduct business in this state.”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Directs Legislative Commission to conduct interim study of methods to encourage corporations and other business entities to organize and conduct business in this state. (BDR R‑534)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Senator James moved that Senate Concurrent Resolution No. 19 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.
Motion carried.
Resolution ordered reprinted, engrossed and to the Committee on Legislative Affairs and Operations.
Assembly Concurrent Resolution No. 24.
Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 498—AN ACT relating to state financial administration; increasing the maximum amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of the unused leave of a former officer or employee; 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. 499—AN ACT relating to the state personnel system; clarifying the circumstances under which employees who work variable work schedules or innovative work weeks are eligible for overtime; repealing certain redundant and obsolete provisions governing reports of promotion to be made by appointing authorities and the continued employment of certain employees in the classified service; 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. 500—AN ACT relating to public financial administration; providing procedures for the collection of certain debts owed to state agencies; requiring certain reporting by state agencies; providing for the adoption of necessary regulations; 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. 501—AN ACT relating to local governments; requiring certain information to be provided on a ballot question for certain elections for the approval of general obligations and increases in rates of property tax; amending the dates on which certain elections for certain increases in rates of property tax may be held; requiring the committee on local government finance to provide forms for ballot questions which may be used for certain elections for the approval of general obligations and increases in rates of property tax; 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. 502—AN ACT relating to taxation; providing for a transition from a distribution to local governments of the estimated tax on net proceeds to a distribution based on the actual net proceeds of minerals; requiring the department of taxation to provide certain estimates to local governments for purposes of budgeting; authorizing a school district to set aside a portion of the revenue received from the tax on the net proceeds of minerals to establish a mitigation fund for use in certain circumstances; 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 Finance:
Senate Bill No. 503—AN ACT making a contingent appropriation to the Nevada Commission for National and Community Service; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 504—AN ACT making appropriations to the Department of Motor Vehicles and Public Safety for the costs of the VHF Highband Radio Project; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 505—AN ACT relating to education; creating an advisory committee on technical skills for occupational education; providing for its membership and duties; creating a fund for the improvement of programs for occupational education; requiring the state board for occupational education to adopt standards for occupational education; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 506—AN ACT relating to education; requiring the Clark County School District to establish a pilot program for educational programs of special emphasis; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 507—AN ACT making a supplemental appropriation to the Agency for Nuclear Projects of the Office of the Governor for additional expenses relating to projected salaries, travel and operating costs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 508—AN ACT relating to state lands; creating a revolving account for land management; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 509—AN ACT relating to insurance; requiring the commissioner of insurance to adopt regulations providing for uniform claim forms and billing codes and compatible electronic data transfers relating to the provision of health care, health care plans or health insurance for certain insurers and administrators; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Finance:
Senate Bill No. 510—AN ACT relating to regional planning; authorizing peace officers to enforce certain ordinances adopted by the Tahoe Regional Planning Agency; providing a penalty; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Finance:
Senate Bill No. 511—AN ACT relating to air pollution; revising provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 512—AN ACT relating to marriage; removing the provisions that prohibit certain justices of the peace and municipal judges from charging a fee to perform a marriage ceremony; 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. 513—AN ACT relating to amusement machines; prohibiting children under 18 years of age from being in an arcade or small game room under certain circumstances; requiring a person who operates an arcade or small game room to take certain actions concerning posting signs and enacting security measures; 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 Judiciary:
Senate Bill No. 514—AN ACT relating to the judiciary; authorizing justices of the supreme court and district judges to receive reduced retirement payments during their retirement in exchange for providing payments to a designated beneficiary who survives the justice or judge for the lifetime of the designated beneficiary; 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. 515—AN ACT relating to public safety; revising the provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; revising the provisions governing the statewide registry of sex offenders and offenders convicted of a crime against a child; revising the provisions governing psychosexual evaluations of certain sex offenders; 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. 516—AN ACT relating to gaming; making various changes relating to the manufacture, sale and distribution of gaming devices and associated equipment and inter-casino linked systems; 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 Finance:
Senate Bill No. 517—AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for additional expenses for the registration of motor vehicles; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 518—AN ACT relating to mentally ill persons; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released on convalescent leave may be returned to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.
Senator Rawson 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. 519—AN ACT relating to public health; authorizing certain persons to possess and administer controlled substances and dangerous drugs; and providing other matters properly relating thereto.
Senator Rawson 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. 520—AN ACT relating to public health; creating a public corporation to operate a county health system in Clark County; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 521—AN ACT relating to taxation; revising the provisions governing the exemption of works of fine art from certain taxes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 522—AN ACT relating to taxation; requiring strict construction of certain provisions governing the imposition of sales and use taxes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 523—AN ACT relating to property taxes; providing that a local government is exempt from paying delinquent taxes on certain property held in trust by the county treasurer that is transferred to the local government for use as open-space real property; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 524—AN ACT relating to taxation; reducing year by year the depreciation allowed in assessing improvements and mobile homes for purposes of property taxes; authorizing cities and counties to make compensatory payments to offset the effect of the graduated decrease in depreciation for certain taxpayers with lower incomes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 525—AN ACT relating to the City of Mesquite; authorizing the governing body of the City of Mesquite to impose an additional tax on the rental of transient lodging for the construction and maintenance of an airport; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 526—AN ACT relating to water resources; requiring the division of water planning of the state department of conservation and natural resources to submit its plan for the use of water to the legislature by a certain date; requiring the division to indicate the differences between the plan submitted and the plan last submitted to the legislature; restricting the contents of a plan; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 527—AN ACT relating to alternative livestock; removing the Rocky Mountain Elk from the definition of alternative livestock; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 203.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 253.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 270.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 390.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Senate Bill No. 341.
Bill read by number.
Roll call on Senate Bill No. 341:
Yeas—19.
Nays—None.
Absent—Amodei.
Excused—Rhoads.
Senate Bill No. 341 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 67.
Bill read second time and ordered to third reading.
Senate Bill No. 264.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 156.
Amend section 1, pages 1 and 2, by deleting lines 3 through 16 on page 1 and lines 1 through 7 on page 2, and inserting:
“1. Except as otherwise provided in subsection 5, a person may not be employed by the department in a position in which the person exercises some or all the powers of a peace officer unless the person:
(a) Consents, in writing, to take a polygraphic examination administered by a person who is selected by the director;
(b) Consents, in writing, to take a psychological examination administered by a person who is selected by the director;
(c) Consents, in writing, to the release to the department of the results of the polygraphic examination and the psychological examination; and
(d) Takes the polygraphic examination and the psychological examination within the 3 months immediately preceding his employment in such a position.
2. A person who is selected by the director to administer a polygraphic examination pursuant to this section must be a qualified polygraphic examiner or intern who:
(a) Holds a valid license pursuant to the provisions of chapter 648 of NRS; or
(b) Is exempt from licensure pursuant to the provisions of NRS 648.061.
3. The board shall establish a list of approved questions that may be asked during polygraphic examinations administered pursuant to this section. The list of approved questions must not include any question that inquires into the religious beliefs, political affiliations, affiliations with labor organizations or sexual activities of the person being examined. A polygraphic examination administered pursuant to this section must not include any question that is not contained in the list of approved questions.
4. The results of a polygraphic examination or psychological examination administered pursuant to this section may not be used as the sole basis upon which an adverse employment decision is made concerning a prospective employee.
5. The provisions of subsection 1 do not apply to:
(a) The director or an assistant director; or”.
Amend the title of the bill by deleting the second line and inserting: “prisons to submit to polygraphic and psychological examinations; establishing requirements for the administration of such examinations; and providing other matters”
Amend the summary of the bill, second line, after “polygraphic” by inserting “and psychological”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Motion carried.
Amendment adopted.
Senator James moved that Senate Bill No. 264 be re-referred to the Committee on Finance upon return from reprint.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 285.
Bill read second time and ordered to third reading.
Senate Bill No. 314.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 159.
Amend section 1, page 1, by deleting lines 2 through 7 and inserting:
“5.020 1. Except as otherwise
provided in subsection 2 [,] and
NRS 266.405, each municipal judge must be chosen by the electors of
the city within which the municipal court is established on a day to be fixed
by the governing body of that city. He shall hold his office for [1
year, unless a longer period is] the period fixed by an
ordinance adopted by the city or fixed by the charter of the city . [, in which case he shall
hold his office for that longer period.] Before entering”.
Amend the title of the bill, second line, after “ordinance;” by inserting: “clarifying that municipal judges may be appointed in certain cities;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises and clarifies certain provisions governing municipal judges. (BDR 1-1664)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 326.
Bill read second time and ordered to third reading.
Senate Bill No. 359.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 174.
Amend section 1, pages 1 and 2, by deleting lines 17 through 19 on page 1 and lines 1 and 2 on page 2, and inserting:
“2. If a petition presented to the court pursuant to subsection 1 alleges that the proposed ward:
(a) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and
(b) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention,
the petition must be accompanied by a certificate signed by a physician or psychologist who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention.”.
Amend the title of the bill, first line, after “requiring” by inserting: “under certain circumstances”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 417.
Bill read second time and ordered to third reading.
Assembly Bill No. 20.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 161.
Amend the title of the bill, third line, after “office;” by inserting: “clarifying that a justice of the supreme court, district court judge, justice of the peace or municipal court judge is not ineligible to be a candidate for judicial office if a decision to remove or retire him from judicial office is pending appeal before the supreme court or has been overturned by the supreme court;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Clarifies certain provisions concerning eligibility for judicial office of persons who have previously been removed or retired from judicial office. (BDR 1-229)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 85.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 157.
Amend section 1, page 2, line 5, by deleting: “shall be deemed” and inserting “is presumed”.
Amend the bill as a whole by deleting sec. 2.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 127.
Bill read second time and ordered to third reading.
Assembly Bill No. 128.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 64.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 198.
Amend section 1, pages 3 and 4, by deleting lines 33 through 42 on page 3 and line 1 on page 4 and inserting:
“8. Within 15 days after the date of recovery by way of actual receipt of”.
Amend section 1,
page 4, line 15, by deleting “[9.] 10.” and inserting “9.”.
Amend section 1,
page 4, line 19, by deleting “[10.] 11.” and inserting “10.”.
Amend section 1,
page 5, line 1, by deleting “[11.] 12.” and inserting “11.”.
Amend section 1,
page 5, line 8, by deleting “[12.] 13.” and inserting “12.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; authorizing notice of a civil action to recover damages for an industrial injury to be given by the attorney or representative of the injured employee or his dependents; and providing other matters properly relating thereto.”.
Amend the summary of the bill by deleting the first and second lines and inserting:
“SUMMARY—Authorizes notice of civil action to recover damages for industrial injury to be given by attorney or representative of injured employee or his dependents.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 263.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 263:
Yeas—20.
Nays—None.
Excused—Rhoads.
Senate Bill No. 263 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 113.
Bill read third time.
Senator Townsend moved that Assembly Bill No. 113 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Townsend.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 263 was this day passed.
Senator Raggio moved that the Senate recess until 4:30 p.m.
Motion carried.
Senate in recess at 12:39 p.m.
SENATE IN SESSION
At 5:10 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Judiciary, to which was referred Senate Bill No. 315, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Government Affairs:
Senate Joint Resolution No. 20—Proposing to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That a new section, designated section 6, be added to article 10 of the Constitution of the State of Nevada to read as follows:
Sec. 6. 1. The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail unless the Legislature:
(a) Determines that the exemption will achieve a bona fide social or economic purpose;
(b) Restricts the eligibility for the exemption solely to the intended beneficiaries of the exemption;
(c) Determines that the exemption will not have a material adverse effect on the finances of the state or any local government that would otherwise receive revenue from the tax from which the exemption would be granted;
(d) Determines that the exemption will not impair adversely the ability of the state or a unit of government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged; and
(e) Ensures that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers.
2. The Legislature shall review any exemption from any tax on property or on the sale, storage, use or consumption of tangible personal property sold at retail at least once every 6 years to determine whether the purpose of the exemption is still valid and that the exemption is being used effectively.
Senator O’Connell moved that the resolution be referred to the Committee on Taxation.
Motion carried.
Senator Townsend moved that the motion whereby Senate Bill No. 520 was referred to the Committee on Commerce and Labor be rescinded.
Remarks by Senator Townsend.
Motion carried.
Senator Townsend moved that the bill be referred to the Committee on Human Resources and Facilities.
Remarks by Senator Townsend.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 528—AN ACT relating to redevelopment; revising the requirements for the area that may be included in a redevelopment area; prohibiting the repeal, amendment or modification of the provisions governing redevelopment in any manner that would impair any bonds or securities issued pursuant to those provisions; 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. 529—AN ACT relating to general improvement districts; requiring segregation by the category of the use of the proceeds from property taxes levied within a district; clarifying that a board of trustees of a district may not continue the levy of tax that is used for capital expenditures or debt service on general obligations after those amounts are paid in full; 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. 530—AN ACT relating to cities; authorizing the governing body of a city to create a district for special activities and improvements; authorizing the governing body of a city to impose special assessments to finance the activities and improvements; 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. 531—AN ACT relating to the determination of population; revising the applicability of the information obtained pursuant to a national decennial census to determinations of population for certain purposes; 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. 532—AN ACT relating to deposits of state money; changing the date by which certain state money must be deposited by the division of state parks of the state department of conservation and natural resources; 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. 533—AN ACT relating to governmental administration; authorizing a designee of the clerk of the state board of examiners to approve certain contracts on behalf of the board; 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. 534—AN ACT relating to taxation; providing for the review and adjustment of the amount allocated to certain governmental entities from the local government tax distribution fund; 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. 535—AN ACT relating to taxation; including the assessed valuation attributable to a redevelopment agency in the calculation of the assessed valuation of a local government or special district for use in the formula for distribution of the proceeds of certain taxes; 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. 536—AN ACT relating to property tax; revising the provisions governing the establishment of combined tax rates to determine compliance with applicable limitations; 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. 537—AN ACT relating to taxation; providing in skeleton form for the revision of the provisions governing tax abatements for certain businesses to provide uniformity in the criteria for qualification; 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. 538—AN ACT relating to taxation; requiring the governor to certify the population of towns for certain purposes; making various changes to the provisions governing the methods by which the assessed valuation of the taxable property of certain local governments is calculated for the purpose of distributing the proceeds of certain taxes; making various changes to the provisions governing the method by which the population of certain local governments is determined for the purpose of distributing the proceeds of certain taxes; 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. 539—AN ACT relating to taxation; extending the partial exemptions from the property tax and motor vehicle privilege tax for widows and orphan children to widowers; extending the prohibition against a new vehicle dealer accepting an application for the registration of a motor vehicle from veterans and their relations wishing to claim an exemption from the motor vehicle privilege tax to any person wishing to claim such an exemption; 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. 540—AN ACT relating to ethics in government; revising the period during which the ethical provisions apply to a former public officer or employee; revising the provisions relating to the power of the commission on ethics to subpoena persons; revising the provisions relating to conflicts on interest to include interests related to certain campaign contributions; authorizing the commission to punish a person for acting in contempt of the authority of the commission; requiring the disclosure of the identity of certain donors of a gift on a statement of financial disclosure; 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. 541—AN ACT relating to elections; providing in skeleton form for requiring the commission on ethics to produce a pamphlet concerning the Nevada Ethics in Government Law; requiring a filing officer to provide a copy of the pamphlet to each candidate who files for candidacy with that officer; requiring a candidate to pay a fee for the pamphlet; 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. 542—AN ACT relating to land use; revising provisions governing the notice and hearing requirements for land use regulations, restrictions and exceptions to allow notice by electronic means in certain circumstances; revising provisions relating to the merger and resubdivision of subdivided lands; 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 Commerce and Labor:
Senate Bill No. 543—AN ACT relating to public utilities; authorizing a public utility that provides water to recover the additional cost of larger lines constructed in anticipation of development; 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 Government Affairs:
Senate Bill No. 544—AN ACT relating to governmental administration; revising the provisions governing the state’s program of group insurance and other benefits by replacing the committee on benefits with the board of the public employees’ benefits program, changing the related powers and duties, requiring the appointment of an executive officer and certain other officers, providing education and experience requirements for members of the board and appointed officers and requiring members of the board and the executive officer to complete continuing education; creating a temporary interim benefits committee of the legislature to review the operation of the public employees’ benefits program; removing the duty of the state risk manager to act as an adviser for group insurance and other employees’ benefits; authorizing the state risk manager to employ necessary staff to perform his duties; requiring the commissioner of insurance to adopt regulations providing for uniform claim forms and billing codes and compatible electronic data transfers relating to the provision of health care, health care plans or health insurance for certain insurers and administrators; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Concurrent Resolution No. 33.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Malu-Lani and Maka-Koa.
Senator Raggio moved that the Senate adjourn until Wednesday, March 24, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 5:28 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas