THE ONE HUNDRED AND SIXTH DAY
Carson City(Monday), May 17, 1999
Senate called to order at 11:24 a.m.
President Hunt presiding.
Roll called.
All present except Senator Porter, who was excused.
Prayer by the Chaplain, the Reverend Bruce Henderson.
Isaiah 40:30-31 Though youths grow weary and tired, and vigorous young men stumble badly, Yet those who wait for the LORD will gain new strength; they will mount up (with) wings like eagles, they will run and not get tired, they will walk and not become weary.
Lord, today we begin our 16th week here. Things have been hectic, and most of us have grown weary. We take a moment now to calmly wait on You. Please give us new strength as we attempt to finish our tasks here.
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 re-referred Senate Bills Nos. 363, 485, 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 were referred Assembly Bills Nos. 289, 660, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 309, 528, 590, 591, 599, 637, 638, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 37, 376, 573, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 18, 86, 158, 363, 392, 406, 517, 583, 621, 646, 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
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 198, 451, 536, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Transportation, to which was referred Assembly Bill No. 272, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 15, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 13, 52, 57, 357, 452, 471, 531.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 2, 3, 11.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 30, Amendment No. 862; Senate Bill No. 131, Amendment No. 868; Senate Bill No. 139, Amendment No. 838; Senate Bill No. 148, Amendment No. 863; Senate Bill No. 291, Amendment No. 869; Senate Bill No. 314, Amendment No. 890; Senate Bill No. 346, Amendment No. 864; Senate Bill No. 360, Amendments Nos. 734, 866; Senate Bill No. 366, Amendment No. 778; Senate Bill No. 369, Amendments Nos. 738, 889; Senate Bill No. 395, Amendment No. 865; Senate Bill No. 397, Amendment No. 789; Senate Bill No. 464, Amendment No. 774; Senate Bill No. 495, Amendment No. 884, 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 respectfully refused to concur in the Senate Amendment No. 860 to Assembly Bill No. 477.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
May 15, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 48, 149, 263, 288; Assembly Bills Nos. 683, 684, 685, for they:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of each bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.
Mark Stevens
Senator Neal requested that Assembly Bills Nos. 358, 481 be taken from the Consent Calendar and placed on the Second Reading File.
CONSENT CALENDAR
Assembly Bill No. 296.
Bill read by number.
Roll call on Assembly Bill No. 296:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 296 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Assembly Bill No. 59.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 733.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 5 through 7 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 482.480 is hereby amended to read as follows:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration, a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.
Sec. 3. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration, a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.
Sec. 4. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, “low-speed vehicle” means a motor vehicle:
(a) Designed to carry not more than four persons;
(b) Designed to operate at a maximum speed of at least 20 but not more than 25 miles per hour;
(c) Having at least four wheels in contact with the ground;
(d) Having an unladen weight of less than 1,800 pounds; and
(e) Complying with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 CFR § 571.500.
2. If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less. A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.”.
Amend sec. 4, page 5, by deleting lines 20 and 21 and inserting:
“Sec. 7. 1. This section and sections 2 and 4 of this act become effective on July 1, 1999.
2. Sections 1 and 5 of this act become effective on October 1, 1999.
3. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.
4. Section 3 of this act becomes effective at 12:01 a.m. on January 1, 2001.
5. Section 2 of this act expires by limitation on January 1, 2001.”.
Amend the title of the bill, third line, after “handicapped;” by inserting: “requiring the registration of certain low-speed vehicles; limiting highways upon which a low-speed vehicle may be operated;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Clarifies provisions governing parking for handicapped persons and limits operation and requires registration of certain low-speed vehicles. (BDR 43‑132)”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 94.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 784.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 417.145 is hereby amended to read as follows:
417.145 1. The veterans’ home account is hereby established in the state general fund.
2. Money received by the executive director or the deputy executive director from:
(a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;
(b) Other payments for medical care and services;
(c) Appropriations made by the legislature for veterans’ homes; and
(d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,
must be deposited with the state treasurer for credit to the veterans’ home account.
3. Interest and income must not be computed on the money in the veterans’ home account.
4. The veterans’ home account must be administered by the executive director, with the advice of the deputy executive director and the Nevada veterans’ services commission, and the money deposited in the veterans’ home account may only be expended for:
(a) The operation of veterans’ homes;
(b) A program or service related to a veterans’ home;
[(b)] (c) The solicitation of other sources of money to fund a veterans’ home; and
[(c)] (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.
[3.] 5. Except as otherwise provided in subsection 7, gifts of personal property which the executive director or the deputy executive director is authorized to receive for the use of veterans’ homes:
(a) May be sold or exchanged if the sale or exchange is approved by the state board of examiners; or
(b) May be used in kind if the gifts are not appropriate for conversion to money.
6. All money in the veterans’ home account must be paid out on claims approved by the executive director as other claims against the state are paid.
7. The gift account for veterans’ homes is hereby established in the state general fund. The executive director [may accept any gift, grant or contribution made for the use of the account. Any such gift, grant or contribution of:
(a) Money] or the deputy executive director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the executive director or deputy executive director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the state treasurer for credit to the [account.
(b) Property other than money may be sold or exchanged if the sale or exchange is approved by the state board of examiners. Money received from the sale or exchange of property pursuant to this paragraph must be deposited with the state treasurer for credit to the account.
4.] gift account for veterans’ homes. The interest and income earned on the money in the gift account[,] for veterans’ homes, after deducting any applicable charges, must be credited to the gift account[.] for veterans’ homes. Any money remaining in the gift account for veterans’ homes at the end of each fiscal year does not lapse to the state general fund, but must be carried forward into the next fiscal year.
[5. All money in the account must be paid out on claims approved by the executive director as other claims against the state are paid.]
Sec. 2. NRS 417.147 is hereby amended to read as follows:
417.147 1. The executive director shall:
(a) Take such actions as are necessary for the maintenance and operation of [a veterans’ home] veterans’ homes in this state; and
(b) Apply for federal grants and other sources of money available for establishing [a veterans’ home.] veterans’ homes. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans’ home account. A federal grant must be used only as permitted by the terms of the grant.
2. The first veterans’ home that is established in this state must be established at a location in southern Nevada determined to be appropriate by the interim finance committee. The interim finance committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the veterans’ home in southern Nevada must be:
(a) Located in reasonable proximity to:
(1) A public transportation system;
(2) Shopping centers; and
(3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the administrator of the health division of the department of human resources.
(b) Not less than 5 acres in area.
3. If an additional veterans’ home is authorized, it must be established in northern Nevada.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 6 and 7 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
“Sec. 4. NRS 482.3763 is hereby amended to read as follows:
2. The department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of [a veterans’ home] veterans’ homes to any veteran of the Armed Forces of the United States or his spouse, parent or child. The plates must be inscribed with the word VETERAN and four consecutive numbers, and with the seal of the branch of the Armed Forces of the United States requested by the applicant.
3. If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
4. In addition to all other applicable registration and license fees and motor vehicle privilege taxes, and to the special fee for [a veterans’ home,] veterans’ homes, the fee for:
(a) The initial issuance of the special license plates is $35.
(b) The annual renewal sticker is $10.
5. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $10.
Sec. 5. NRS 482.3764 is hereby amended to read as follows:
482.3764 1. Before the department issues to any person, pursuant to NRS 482.3763:
(a) An initial set of special license plates, it shall collect a special fee for [a veterans’ home] veterans’ homes in the amount of $25.
(b) An annual renewal sticker, it shall collect a special fee for [a veterans’ home] veterans’ homes in the amount of $20.
2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.”.
Amend the title of the bill to read as follows:
“AN ACT relating to veterans’ affairs; revising certain provisions relating to the account for a veterans’ cemetery in northern Nevada, the account for a veterans’ cemetery in southern Nevada and the veterans’ home account; creating an account for veterans’ affairs, a gift account for veterans’ cemeteries and a gift account for veterans’ homes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to veterans’ affairs. (BDR 37‑455)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 157.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Connell moved that Assembly Bill No. 347 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator O’Connell.
Motion carried.
Senator Coffin moved that Assembly Bill No. 666 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Coffin.
Motion carried.
Senator Titus moved that Assembly Bill No. 282 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Titus.
Motion carried.
Senator Washington moved that Assembly Bill No. 339 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
Senator Townsend moved that Assembly Bill No. 109 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator Townsend.
Motion carried.
Senator James moved that Assembly Bill No. 159 be taken from the Secretary’s desk and placed on the Second Reading File.
Remarks by Senator James.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 329.
Bill read second time and ordered to third reading.
Assembly Bill No. 358.
Bill read second time and ordered to third reading.
Assembly Bill No. 481.
Bill read second time and ordered to third reading.
Assembly Bill No. 503.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 888.
Amend section 1, page 2, line 4, by deleting “agency or” and inserting: “agency , an agent of the public defender’s office or”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 520.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 851.
Amend sec. 4, page 2, line 41, after “hundred” by inserting “fifty”.
Amend sec. 4, page 3, line 1, by deleting “Twenty-five” and inserting “One hundred”.
Amend sec. 9, page 5, line 40, by deleting “200” and inserting “250”.
Amend sec. 9, page 5, line 41, by deleting “25” and inserting “100”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 539.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 881.
Amend sec. 5, page 4, line 21, by deleting: “without the approval of the board.” and inserting: “that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 6, page 5, lines 3 and 4, by deleting: “without the approval of the board.” and inserting: “that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 7, page 5, line 20, by deleting: “without the approval of the board.” and inserting: “that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 8, page 5, lines 42 and 43, by deleting: “between the personal interest of the sheriff and his official duty.” and inserting: “of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 9, page 6, line 20, after “in” by inserting: “the private practice of law or”.
Amend sec. 9, page 6, by deleting line 21 and inserting: “or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 159.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 158.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 37 and the text of repealed sections, following the enacting clause, to read as follows:
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Acquitted” includes, without limitation, a finding of not guilty by reason of insanity or diminished capacity.
Sec. 4. “Agent” means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney in fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person.
Sec. 5. “Beneficiary” means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession.
Sec. 6. “Community property” has the meaning ascribed to it in NRS 123.220.
Sec. 7. “Community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 8. “Convicted” and “conviction” mean a judgment based upon:
1. A plea of guilty, guilty but mentally ill or nolo contendere;
2. A finding of guilt by a jury or a court sitting without a jury;
3. An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
4. Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
Sec. 9. “Culpable actor in the felonious and intentional killing of a decedent” means a person who:
1. Causes or perpetrates the felonious and intentional killing of the decedent;
2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or
3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent.
Sec. 10. “Governing instrument” means any of the following:
1. A deed or any other instrument that transfers any property, interest or benefit.
2. An annuity or a policy of insurance.
3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:
(a) An express trust, whether private or charitable, and any additions to such a trust.
(b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:
(a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or
(b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.
5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.
6. A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive.
7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.
8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.
9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:
(a) Pension benefits, retirement benefits or other similar benefits.
(b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.
(c) Industrial insurance, workers’ compensation or other similar benefits.
(d) Group insurance.
10. A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
Sec. 11. “Interest” means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
Sec. 12. “Interested person” means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
Sec. 13. “Joint tenants with right of survivorship” means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
Sec. 14. “Killer” means a person who is deemed to be a killer of a decedent pursuant to section 20 or 21 of this act.
Sec. 15. “Payor” means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
Sec. 16. “Person” means any of the following:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
Sec. 17. “Property” means anything that may be the subject of ownership, including, without limitation, any real or personal property or any estate in such property.
Sec. 18. For the purposes of this chapter:
1. A killing is “felonious” if it is committed without legal excuse or justification.
2. A killing is “intentional” if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
Sec. 19. 1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
Sec. 20. 1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
3. For the purposes of this section:
(a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
Sec. 21. 1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
Sec. 22. 1. A killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of Title 12 of NRS or the common law, accrues or devolves to the killer from or through the estate of the decedent, including, without limitation:
(a) An intestate share.
(b) An elective share.
(c) The share of an omitted spouse or child.
(d) A family allowance.
(e) A homestead allowance.
(f) Any exempt property.
2. The intestate estate of the decedent passes as if the killer had predeceased the decedent, and any other appointment, nomination, power, right, property, interest or benefit described in subsection 1 must be treated as if the killer had predeceased the decedent.
Sec. 23. 1. Except as otherwise provided in section 24 of this act, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.
2. In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.
3. If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.
Sec. 24. 1. A killer of a decedent forfeits any right of survivorship in property that, at the time of the killing, was held by the decedent and the killer as community property with right of survivorship or as joint tenants with right of survivorship.
2. If a killer forfeits any right of survivorship pursuant to subsection 1:
(a) The respective interests in the property held by the decedent and the killer:
(1) Shall be deemed to be severed and transformed into tenancies in common; and
(2) Are presumed to be undivided equal interests in the property, unless a personal representative of the decedent establishes that the contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
(b) The interest of the decedent passes as the separate property of the decedent and as if the killer had predeceased the decedent.
Sec. 25. 1. A killer of a decedent may not:
(a) Bring an action for wrongful death of the decedent pursuant to NRS 41.085; or
(b) Benefit in any way from such an action brought by a personal representative of the decedent.
2. Each person who may bring or benefit from an action for wrongful death of the decedent pursuant to NRS 41.085 must be determined as if the killer had predeceased the decedent.
Sec. 26. Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.
Sec. 27. 1. Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.
2. The provisions of subsection 1 do not apply to a person who:
(a) Acquired the property, interest or benefit for value and without notice; or
(b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.
Sec. 28. 1. If a killer, for value or otherwise, transfers to a third person any property, interest or benefit forfeited by the killer pursuant to the provisions of this chapter, the killer is required to recover and transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
2. If any federal law preempts any provision of this chapter requiring a killer to forfeit any property, interest or benefit and the property, interest or benefit accrues or devolves to the killer because of the preemption, the killer is required to transfer the property, interest or benefit to the beneficiary who, in the absence of the preemption, would have been entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
Sec. 29. NRS 41.085 is hereby amended to read as follows:
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 , and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Sec. 30. NRS 62.216 is hereby amended to read as follows:
2. [An] Except as otherwise provided by specific statute, an adjudication pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 31. NRS 123.250 is hereby amended to read as follows:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest [is] :
(1) Is subject to the testamentary disposition of the decedent[,] or, in the absence [thereof goes, except as otherwise provided in NRS 134.007,] of such a testamentary disposition, goes to the surviving spouse[, and is] ; and
(2) Is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section [apply] :
(a) Do not apply to the extent that they are inconsistent with the provisions of sections 2 to 28, inclusive, of this act.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 32. NRS 134.005 is hereby amended to read as follows:
2. With the exception of NRS 134.007, the] The provisions of this chapter [are inapplicable] do not apply to the extent that they are inconsistent with the provisions of a premarital agreement [between the deceased and his] which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.
Sec. 33. NRS 134.010 is hereby amended to read as follows:
134.010 [Upon the death of either the husband or the wife] If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property [shall vest] vests as provided in NRS 123.250[.] ; and
3. The provisions of this chapter apply only to the separate property of the decedent.
Sec. 34. NRS 134.030 is hereby amended to read as follows:
Sec. 35. NRS 111.067, 134.007 and 688A.420 are hereby repealed.
Sec. 36. The amendatory provisions of this act do not apply to a decedent who died before the effective date of this act.
Sec. 37. This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTIONS
1. No person convicted of the murder of a decedent is entitled to any part of the decedent’s share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent’s estate.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the decedent’s share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent’s estate.
134.007 Murderer ineligible to succeed to community or separate property of decedent.
1. No person convicted of the murder of the decedent is entitled to succeed to any portion of the decedent’s estate. The portion to which the convicted person would otherwise be entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to succeed to any portion of the decedent’s estate. The portion to which he would otherwise have been entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
1. No person convicted of the murder of a decedent is entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person cannot or may not receive them, the proceeds must be placed in the estate of the decedent.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person may not receive them, the proceeds must be placed in the estate of the decedent.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that person who is culpable actor in felonious and intentional killing of decedent may not inherit from decedent or accrue other benefits based upon death of decedent. (BDR 3‑958)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 469.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 469:
Yeas—20.
Nays—None.
Excused—Porter.
Senate Bill No. 469 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 71.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1009.
Amend sec. 5, page 4, line 30, before “date” by inserting: “debit card number,”.
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. 82.
Bill read third time.
Roll call on Assembly Bill No. 82:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 82 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 152.
Bill read third time.
Roll call on Assembly Bill No. 152:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 152 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 204.
Bill read third time.
Remarks by Senators Neal and Carlton.
Roll call on Assembly Bill No. 204:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 204 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 219.
Bill read third time.
Remarks by Senators Rhoads, Jacobsen, Raggio, Coffin and O’Donnell.
Roll call on Assembly Bill No. 219:
Yeas—9.
Nays—Amodei, Carlton, Coffin, Jacobsen, Mathews, McGinness, Neal, Rhoads, Schneider, Shaffer, Titus—11.
Excused—Porter.
Assembly Bill No. 219 having failed to receive a constitutional majority, Madam President declared it lost.
Assembly Bill No. 241.
Bill read third time.
Roll call on Assembly Bill No. 241:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 241 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 253.
Bill read third time.
Roll call on Assembly Bill No. 253:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 253 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 271.
Bill read third time.
Remarks by Senators Neal and O’Donnell.
Roll call on Assembly Bill No. 271:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 271 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 295.
Bill read third time.
Roll call on Assembly Bill No. 295:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 295 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 334.
Bill read third time.
Remarks by Senators Neal, O’Connell, Townsend, Carlton and Washington.
Roll call on Assembly Bill No. 334:
Yeas—14.
Nays—Care, Carlton, Coffin, Neal, Titus, Wiener—6.
Excused—Porter.
Assembly Bill No. 334 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 397.
Bill read third time.
Roll call on Assembly Bill No. 397:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 397 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 423.
Bill read third time.
Remarks by Senators James and McGinness.
Roll call on Assembly Bill No. 423:
Yeas—13.
Nays—Coffin, James, McGinness, O’Connell, Rhoads, Shaffer, Washington—7.
Excused—Porter.
Assembly Bill No. 423 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 432.
Bill read third time.
Remarks by Senators Amodei, Schneider, Neal, Rawson and James.
Senator Schneider requested that the following remarks be entered in the Journal.
Senator Amodei:
Assembly Bill No. 432 revises the authority of optometrists who are certified in accordance with existing law, NRS 636.287, to prescribe certain therapeutic pharmaceutical agents including analgesics of hydrocodone with compounds, codeine with compounds and profoxofene with compounds. The bill authorizes an optometrist to treat persons diagnosed with glaucoma if he or she holds a certificate issued by the State Board of Optometry and correspondingly, requires the board to adopt regulations concerning the issuance of such a certificate and specifies certain requirements in accordance with yesterday’s amendment, which, you may recall, to be adopted by regulation.
In addition, Assembly Bill No. 432 authorizes an optometrist to practice under an assumed or fictitious name if the name has been registered with the board.
Senator Schneider:
I stand in opposition to this bill. We have tightened up different sorts of businesses this session. We have raised the bar for interior designers and have separated them out and made it tougher for them to get a license. We have upped their educational standards. If you have an interior designer that designs your wall improperly, puts the door in the wrong place, you can repair it. You can get it fixed or change the location of the door. If you get a bad haircut tomorrow, next month you can get another one, and you will be all right. But what we are doing here with this bill, is to let optometrists who have not been educated in the field of glaucoma to prescribe and treat for glaucoma.
If they make a mistake, there is no repairing that problem. Glaucoma is a disease that can never be repaired. It can only be arrested at the point the disease is discovered. I have some personal knowledge of this. My son has glaucoma and went to an optometrist. Glaucoma was not discovered, the tests were done, and it was missed. He then went to a regular family practitioner, and the glaucoma was missed again. This was a medical doctor, and he was treated for allergies. Months later, after being mistreated, he went to an ophthalmologist who discovered the glaucoma and the blindness in his eye. He was referred to a glaucoma specialist. It just amazes me why we are going to instruct the optometry board to develop regulations to let these people practice the treatment of glaucoma when ophthalmologists who have training in that area refer most of these cases to glaucoma specialists.
This just makes no sense to me at all, why we are doing this. This looks to me like we are opening up the full employment act for trial lawyers. I think this bill allows glaucoma treatment for optometrists and allows them to get in and collect money. They can treat it and be paid by HMOs. I think that is what this is about. I have sat on Commerce and Labor for several sessions in this House and in the Assembly. I recall, in 1995, the optometrists came, and we let them prescribe more medications, and they said that they would not be back. If we pass this, they will be here in a session or two and are going to want to perform surgery, laser surgery, that is the next step. Where are we going with all this. If you want to be an eye doctor and correct vision, that’s fine. If you want to go into surgery or glaucoma, I think you should be trained in that area. I know some people may not agree with that. That is my feeling, and I think this sets a bad precedent.
Senator Neal:
Madam President and members of the Senate, I have always opposed this type of legislation. The reason for that is that I don’t think it does the public any good to legislate into law what optometrists did not get in training. That is what we seem to be doing by this bill. I just told someone recently that probably what prompted the late Assemblyman Sedway to run for the Assembly was because when I chaired the Human Resources Committee, I used to kill all of these bills that came in. The eye profession is a tripod profession. You have the optician, those that cut the glasses and frame them. You have the optometrist who measures the eye in terms of glasses and then you have the ophthalmologists who are the surgeons and the medical doctors of the eye. These are the people who are supposed to be able to diagnose and treat glaucoma and other diseases of the eye.
I don’t think it does the public any good for us to legislate that training for optometrists when ophthalmologists have to go through years of training to receive their certification in this particular area. I do not go to an optometrist. I go to an ophthalmologists. My doctor is Dr. Tyree Carr who has been trained in the eye profession and also with laser surgery of the eye. I think that when we put this into statute and say that a board can pass regulation to permit this to happen, we are going down the wrong path. We started this some years ago when we did have optometrists in this Legislature, and they began to put these things into law, and now it seems that we have gotten to the point where we want to add some more of these medical practices without any benefit of the person having the training but just saying by regulation you now have the authority to do this. This is not like changing a tire on a car or having a recipe for food or something like that. When you miss something, it doesn’t taste right, you can throw it out and start all over again. As my colleague just indicated to you that once you make the mistake particularly in the area of glaucoma and not being able to arrest that at the point when you discovered it, then you are going to cause some problems with that individual who is being treated. So, I happen to think that this is bad policy, and I would certainly vote against it as I have always done against these types of bills.
Senator Rawson:
Thank you, Madam President. I just need to add a few words on this because we have dealt with these kinds of issues in dentistry. I sat on a credentialing board at a major hospital in southern Nevada where we approved the credentials of the surgeons that would be able to practice in that hospital. For every surgeon that came in and applied for privileges, the key was always, are you trained in this procedure, and it did not matter if someone had an advanced degree in nephrology, if they had not been trained in certain aspects of kidney surgery then those privileges were never granted. This is a situation where the optometrist acts as a primary care eye physician. They are the first people that usually see pathology, and they do the screening for glaucoma now. They see a lot of the ulceration on the cornea, and they see all the conditions of pinkeye, etc. They usually see those before the ophthalmologist does. As a primary provider, they refer these cases on. I think this bill has an amendment that makes that very clear. They can screen these cases and can treat them for a very short period of time. It is, essentially, emergency treatment while they are getting into an ophthalmologist, and they are covered by the same kinds of malpractice obligations regarding standard of care that other practitioners are.
If they treat beyond their skills or training, then they are legally liable. I think that is well covered in the law also. My sense of this is that this law really develops a better situation than we have today where the ophthalmologist may see these conditions but may not be in a position to give any emergency treatment. It may be over a week before a person gets in to see an ophthalmologist. If you have a serious glaucoma, two or three days can make a difference of vision in one or both eyes. This restricts very clearly that they have to have the training. Beyond that training, they must have a so-called apprenticeship. They must treat these patients with an ophthalmologist for a period of time. If anything, that is going to create a better relationship between optometrists and ophthalmologists. It will develop the referral pattern in a better way. It gives everyone an opportunity to see who they should really refer to. I don’t think it is as dangerous as everybody is concerned about. I would remind you that there are many, many blind people today that have been treated by the highest quality physicians. You can’t always determine the outcome no matter at what level it is treated.
Senator James:
Madam President, I thought I knew what I was doing on this bill until I heard all of the comments. I wonder if someone who is supporting it could answer this question? On page 2, subsection 2 beginning at the top, it says that an optometrist who has been issued a certificate to treat persons diagnosed with glaucoma shall refer the person diagnosed with glaucoma to an ophthalmologist for treatment which is what the previous speaker was talking about. That is, if anyone of the following is applicable: if the patient is under 16 years of age, I wondered what is the significance of that age if you have glaucoma? Secondly, it says under b on line 6, that if the person has been diagnosed with malignant glaucoma or neuralvascular glaucoma and the next is if it has been diagnosed as acute glaucoma, closed angle glaucoma, my question on those things is, does the optometrist have the training to diagnose those things to know? Are we asking them to refer based upon a diagnosis that they are not trained to make in the first place? Is it internally inconsistent? As an attorney, I am wondering if it is like having somebody who is not an attorney recognize a legal problem and if they recognize a complex legal problem, then refer them to a lawyer. If they are not trained, how can they recognize the problem in the first place? I know that was part of the amendment from the Senator from Carson City. Maybe somebody could explain how a person who is not trained in these things is supposed to recognize them in order to make the referral that the statute is predicated on?
Senator Rawson:
I think the amendment really closes this down. They really define glaucoma, essentially. I am not an ophthalmologist but just referring back to my training where you have neuralvascular or narrow angle or closed angle glaucoma, you could have a tumor or you could have diabetes. I think, essentially, what they have done here is to require an optometrist to seek a consultation with an ophthalmologist, and it is only when an ophthalmologist says that this is a case that is not malignant or not particularly fragile and verifies that it can be treated by an optometrist. Touch base with me occasionally, that is what is really happening in this. They have defined glaucoma as a situation that needs to be consulted with an ophthalmologist. There is great safety in that. The reason you put a 16-year-old in, which is an arbitrary age, is that young people, like seniors, are fragile and conditions progress very quickly with those who are growing or those who are approaching the end of their lives.
Roll call on Assembly Bill No. 432:
Yeas—12.
Nays—Coffin, James, Neal, O’Donnell, Raggio, Schneider, Shaffer, Townsend—8.
Excused—Porter.
Assembly Bill No. 432 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 452.
Bill read third time.
Roll call on Assembly Bill No. 452:
Yeas—20.
Nays—None.
Excused—Porter.
Assembly Bill No. 452 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 543.
Bill read third time.
Remarks by Senators Wiener, Neal, Rawson, Care, McGinness, O’Connell, Washington, Titus and James.
Senator Wiener requested that her remarks be entered in the Journal.
I stand in opposition to Assembly Bill No. 543. How often we in this chamber have voiced the logic and sentiment of the statement: “the best government is that which is closest to the people.”
And today, once again, we have the opportunity to put in practice what we profess.
As we all know, WISE people put us in office. Those same voters elected their local officials as well. With this in mind, we should allow local governments to determine when it is in the best interest of the people they represent to file a legal action. This means a legal action against a manufacturer of any product or good. They should not be handcuffed by restrictions imposed by a state government.
Precluding legal actions against gun manufacturers is not the real issue here today. The real issue is recognizing that when local or county governments do their homework and believe after doing their due diligence that a cause of action is appropriate, they should not be restrained by state law from taking that action.
Senator Titus requested that her remarks be entered in the Journal.
With all due respect, the previous speaker has turned this argument on its head when he says we should outlaw nails or cars because they also do harm. Let me remind you that no one is talking about outlawing guns. On the contrary, we all support the Second Amendment and no one is suggesting that we outlaw guns or in any way curtail that right, even in the wake of Littleton. Using the previous speaker’s argument, however, we should amend the bill before us to prohibit lawsuits against nail makers, car makers, toaster makers, or any makers of potentially dangerous products.
Let me also point out that since the tragic events of Littleton the rest of the country has stepped back and is taking a closer look at such measures. The Republican governor of Arizona has vetoed a similar bill passed by that state’s legislature prior to the incident. The Colorado legislature has pulled two such bills which were pending. The Missouri voters have rejected a ballot question along these lines. And Congress is reviewing President Clinton’s new school violence proposals.
While the Nevada legislature clearly opposes further restrictions on the Second Amendment, surely now is not a propitious time to be moving in the opposite direction, which is contrary to other states’ actions.
Senators Rhoads, O’Connell and Jacobsen moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 543.
Roll call on Assembly Bill No. 543:
Yeas—11.
Nays—Care, Carlton, Mathews, Neal, O’Donnell, Schneider, Shaffer, Titus, Wiener—9.
Excused—Porter.
Assembly Bill No. 543 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 555, 632, 636, 641, 677; Assembly Joint Resolution No. 5 of the 69th Session be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 109.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 874.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.
Amend the title of the bill to read as follows:
“AN ACT relating to deceptive trade practices; revising the definition of “organization” for the purposes of determining the applicability of certain provisions relating to deceptive trade practices; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to deceptive trade practices. (BDR 52‑292)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Amodei gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 219 was this day passed.
Senator Shaffer gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 334 was this day passed.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 35.
The following Assembly amendment was read:
Amendment No. 799.
Amend sec. 7, page 2, by deleting lines 21 through 23 and inserting:
“3. A permit is valid for 2 years after the date of issuance.”.
Amend sec. 13, page 4, by deleting line 4 and inserting: “that were committed before July 1, 2000.”.
Amend the bill as a whole by adding a new section designated sec. 14, following sec. 13, to read as follows:
“Sec. 14. This act becomes effective on July 1, 1999, for the purpose of adopting regulations by the department of motor vehicles and public safety that are necessary to carry out the provisions of sections 2 to 9, inclusive, of this act and on July 1, 2000, for all other purposes.”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 35.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 153.
The following Assembly amendment was read:
Amendment No. 759.
Amend sec. 3, page 1, line 9, by deleting “10,000” and inserting “14,000”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 153.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 161.
The following Assembly amendment was read:
Amendment No. 801.
Amend sec. 2, page 1, by deleting lines 4 through 6 and inserting: “may operate or maintain in this state a halfway house for alcohol and drug abusers without first obtaining a certificate therefor from the bureau.
2. A person who operates a halfway house for alcohol and drug abusers without a”.
Amend sec. 3, page 1, lines 8 and 9, by deleting: “transitional housing facility” and inserting: “halfway house for alcohol and drug abusers”.
Amend sec. 4, page 1, lines 13 and 14, by deleting: “transitional housing facility,” and inserting: “halfway house for alcohol and drug abusers,”.
Amend sec. 4, page 1, line 16, by deleting “facility.” and inserting “halfway house.”.
Amend sec. 4, page 2, by deleting lines 1 through 4 and inserting:
“2. Upon receipt of a complaint against a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.
3. Inspect a halfway house for alcohol and drug abusers at any time, with or without”.
Amend sec. 5, page 2, line 7, by deleting: “transitional housing facility” and inserting: “halfway house for alcohol and drug abusers”.
Amend sec. 5, page 2, line 15, by deleting: “transitional housing facility” and inserting: “halfway house for alcohol and drug abusers”.
Amend sec. 5, page 2, line 17, by deleting “facility” and inserting “halfway house”.
Amend sec. 7, page 2, line 30, by deleting: “transitional housing facility:” and inserting: “halfway house for alcohol and drug abusers:”.
Amend sec. 7, page 2, line 36, by deleting “facility” and inserting “halfway house”.
Amend sec. 8, page 2, lines 37 and 38, by deleting: “transitional housing facility” and inserting: “halfway house for alcohol and drug abusers”.
Amend sec. 9, page 3, by deleting lines 22 through 26 and inserting:
“10. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for”.
Amend sec. 10, page 4, by deleting lines 13 and 14 and inserting: “or deny certification of any halfway houses for alcohol and drug abusers, facilities, programs or personnel on the basis of the standards, and publish a list of certified halfway houses for alcohol and drug abusers, facilities, programs and”.
Amend sec. 10, page 4, line 20, after “certification of” by inserting: “halfway houses for alcohol and drug abusers,”.
Amend sec. 10,
page 4, by deleting lines 23 though 25 and inserting: “exceed [$100.]
the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and”.
Amend the bill as a whole by renumbering sections 11 and 12 as sections 14 and 15 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:
“Sec. 11. NRS 458.026 is hereby amended to read as follows:
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 12. NRS 458.027 is hereby amended to read as follows:
2. The bureau shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 13. NRS 458.028 is hereby amended to read as follows:
Amend the title of the bill to read as follows:
“AN ACT relating to substance abuse; requiring halfway houses for alcohol and drug abusers to be certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation; revising the fees that may be charged by the bureau for certifying facilities, programs or personnel; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for regulation of halfway houses for alcohol and drug abusers. (BDR 40‑131)”.
Senator Wiener moved that the Senate concur in the Assembly amendment to Senate Bill No. 161.
Remarks by Senator Wiener.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 339.
The following Assembly amendment was read:
Amendment No. 788.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the department, in”.
Amend section 1, page 2, line 31, by deleting “4” and inserting “7”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 4 and 5 and adding a new section designated sec. 3, following section 1, to read as follows:
“Sec. 3. 1. Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.
4. In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the natural environment of the Mount Charleston area.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the natural environment of the Mount Charleston area created pursuant to section 6 of this act.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.”.
Amend sec. 2, page 3, line 27, by deleting “1” and inserting “3”.
Amend sec. 3, page 4, by deleting line 5 and inserting:
“For every other decal, license plate sticker or tab............................... 5.00”.
Amend sec. 3, page 4, by deleting line 11 and inserting: “inclusive, [and] section 1 of Senate Bill No. 204 of this [act,]session and section 2 of this act, a fee of $10.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 7 and adding a new section designated sec. 6, following sec. 3, to read as follows:
“Sec. 6. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for license plates for the support of the natural environment of the Mount Charleston area is hereby created in the state general fund. The administrator of the division of state lands of the state department of conservation and natural resources shall administer the account.
2. The money in the account does not lapse to the state general fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
3. The money in the account must be used only for the support of programs for the natural environment of the Mount Charleston area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use, and must not be used to replace or supplant money available from other sources. The administrator may provide grants from the account to other public agencies and political subdivisions, including, without limitation, unincorporated towns, to carry out the provisions of this section.”.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 8, following sec. 4, to read as follows:
“Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective on October 1, 1999.
2. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
3. The amendatory provisions of sections 2, 5 and 7 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 2 of this act.
4. The amendatory provisions of sections 3, 4 and 6 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 3 of this act.”.
Amend the title of the bill, fourth line, after “Nevada;” by inserting: “providing for the issuance of special license plates for the support of the natural environment of the Mount Charleston area;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of certain special license plates. (BDR 43-1503)”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 339.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 365.
The following Assembly amendment was read:
Amendment No. 802.
Amend sec. 3, page 2, by deleting lines 16 and 17 and inserting:
“(h) One member who is employed by a privately owned entity that provides emergency medical services; and”.
Amend sec. 3, page 2, line 27, by deleting “and”.
Amend sec. 3, page 2, line 29, by deleting “designee.” and inserting:
“designee; and
(c) A physician who is a member of a committee which consists of directors of trauma centers in this state and who is nominated by that committee.”
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 365.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 379.
The following Assembly amendment was read:
Amendment No. 758.
Amend sec. 3, page 2, by deleting line 35 and inserting:
“For every other decal, license plate sticker or tab............................... 5.00”.
Amend sec. 3, page 2, line 41, after “inclusive,” by inserting: “and section 1 of Senate Bill No. 204 of this [act,] session,”.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. 1. This section and sections 1 and 2 of this act become effective on October 1, 1999.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 379.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 46, 53, 73, 81, 105, 106, 108, 118, 129, 163, 179, 197, 297, 303, 304, 318, 330, 343, 371, 526, 534, 535, 538; Assembly Bills Nos. 74, 100, 136, 188, 207, 211, 234, 236, 270, 303, 314, 410, 459, 553, 554, 584, 601, 606, 620, 667, 678; Assembly Concurrent Resolution No. 37.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator O’Connell, the privilege of the floor of the Senate Chamber for this day was extended to John Pucci, Mike Edwards, Elaine Wynn, Lesia Perry and Jennifer Ross.
Senator Raggio moved that the Senate adjourn until Tuesday, May 18, 1999 at 11 a.m. and that it do with best wishes for a full recovery of Senator Porter’s daughter, Nicole, and in memory of Legislative Counsel Bureau technical services employee, Vivian McClay, as requested by Senator O’Connell.
Motion carried.
Senate adjourned at 1:46 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas