THE FIFTY-EIGHTH DAY
Carson City (Tuesday), April 3, 2001
Assembly called to order at 11:14 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Patrick Propster.
(Written by Rebecca Higgs)
Heavenly Father, as those representing the United States of America and the great State of Nevada gather here today in reverence of You, I ask You to bless our nation and the subjects propounded today. I thank You, Lord, for the unity You have given this people and I thank You for the privilege of living in this country, that You have established, of the people, for the people and by the people. Lord, I ask that these people would be directed, led, and used by You. Heavenly Father, that You would favor us with patience and compassion as resolutions and conclusions are made today. Lord, that You would give us Your peace and truth. Thank You for Your discernment, direction, and discretion. Please bless these assembled here who are forming our state and country, which is being watched by the world. I pray this in the Name of Jesus Christ, Father and Creator.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Concurrent Committee on Commerce and Labor, to which was referred Assembly Bill No. 135, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 326, 365, 650, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 481, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 631, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 200, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
COMMUNICATIONS
Congress of the United States
House of Representatives
washington, D.C. 20515-2801
April 2, 2001
The Honorable Richard D. Perkins, Speaker, State of Nevada Assembly, 401 South Carson Street, Carson City, Nevada 89701
Dear Speaker Perkins:
In keeping with the tradition of Members of Congress addressing the Legislature, I am respectfully requesting to speak before a joint session of the Legislature on April 18, 2001 in Carson City, Nevada.
Thank you for your courtesy concerning my request. I look forward to addressing topics of interest to the citizens of the great State of Nevada.
Sincerely,
Shelley Berkley
Congresswoman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Chowning, Anderson, Angle, Arberry, Bache, Beers,
Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Claborn, Collins,
de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson,
Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson,
Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith,
Tiffany, Von Tobel and Williams; Senators Mathews, Amodei, Care, Carlton,
Coffin, Jacobsen, James, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio,
Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 20—Declaring April 3, 2001, as Equal Pay Day in Nevada.
Whereas, In 1999, nearly four decades after the passage of the Equal Pay Act of 1963, which requires employers to pay all employees equally for equal work, regardless of their gender, and Title VII of the Civil Rights Act of 1964, which prohibits discrimination in compensation because of race, color, religion, national origin or sex, the United States Census Bureau of the Department of Commerce estimated that women working full time still earned an overall average of only 72 cents for every dollar earned by men, while African-American women earned on average only 65 cents for every dollar earned by a Caucasian man, and while Hispanic women on average earned merely 52 cents for every dollar earned by a Caucasian man; and
Whereas, The disparity in compensation based on differing genders, races or national origins of employees has contributed to depressed wages for women and minorities and, although part of the wage gap results from differences in education and experience, a significant portion cannot be explained by differences in qualifications; and
Whereas, Educating women for better career paths, opening traditionally male jobs to women and reducing the segregation by gender found in some occupations increases earnings for women; and
Whereas, Eliminating such disparities in compensation raises self-respect in the workplace, strengthens the security of families and enhances retirement for hardworking citizens; and
Whereas, Each year, the National Committee on Pay Equity, founded in 1979, organizes the national observance of Equal Pay Day to raise awareness about unfair pay practices in America; and
Whereas, Tuesday, April 3, 2001, has been designated by the National Committee on Pay Equity as Equal Pay Day; and
Whereas, This date is significant because Tuesday is symbolic of the day of the week when women’s wages catch up with men’s wages from the previous week and April is the time of year when women’s wages catch up with men’s wages from the previous year; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the Legislature of the State of Nevada do hereby declare April 3, 2001, as Equal Pay Day in Nevada; and be it further
Resolved, That state and local governments and private employers are urged to compensate all employees fairly, based on an objective evaluation of their jobs, considering factors such as the skill, effort, responsibility and working conditions required for each job; and be it further
Resolved, That public and private employers in this state that promote and support policies to ensure fairness and equity for their employees deserve to be recognized for their leadership in this effort; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny Guinn, each member of the Nevada Congressional Delegation and to Linda Chavez-Thompson, the Chair of the National Committee on Pay Equity.
Assemblywoman Chowning moved the adoption of the resolution.
Remarks by Assemblymen Chowning, Giunchigliani, Gibbons, Collins, Ohrenschall, Freeman, Price and Anderson.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Chowning:
Thank you, Mr. Speaker and my fellow colleagues. Today is Equal Pay Day, which was designated by the National Coalition On Pay Equity. Today unequal pay is a real and persistent problem. It has been almost 40 years ago that passage of the Equal Pay Act was passed in 1963. The ban on workplace discrimination was passed in 1964. Yet today, in 2001, women and minority workers still are victims of wage discrimination. This unequal pay practice hurts our families. If the wages of women and minority workers were raised, this would increase family income and help cut poverty rates. If pay discrimination was erased, we could have an average of an increase in a family’s earnings, here in Nevada, by $3000 per year. So, today, I ask the Nevada Legislature to honor Equal Pay Day by urging employers, all employers, both public and private, to compensate all their employees fairly. I also want us to give recognition to the wonderful Nevada employers that have already adopted policies to end pay disparities in their companies for all their workers. I urge the passage of this resolution. Thank you, Mr. Speaker.
Assemblywoman Giunchigliani:
I, too, rise in support of ACR 20. I appreciate my colleague for bringing this to us. I don’t normally speak on resolutions, but this is one that I think it’s time we take a look at. The issue is not only in salary. This session we are dealing with the issue of teacher’s salary. I would submit to you that the reason those salaries are still way below professional levels, as compared to other professions, is because it is a primarily female workforce. In fact, it was not that long ago, 30 years ago, they used to pay unequal salary schedules for minorities versus Caucasians and women versus men in education. So, as we debate this issue of salaries, let’s recognize that it is also a pay equity issue. In addition to that, for the women that run for political office, I think you need to realize that we still raise less than men, on the dollar, as far as our campaign contributions. So, that is another area we need to take a look at. Finally, I would remind you, there is a study in the other House, by a senator from North Las Vegas, dealing with pay equity as it regards state employees. I hope we don’t forget that piece of legislation is still out there and warrants our discussion and hopefully some study.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I, too, rise in support of ACR 20. In particular, I rise in support of our future, of the young women, like the one standing next to me, who shouldn’t have to worry about pay equity. So, instead of taking a bite out of crime, in the future we shall take the bite out of pay inequity.
Assemblyman Collins:
Thank you, Mr. Speaker. I, too, rise in support of this resolution. As the minority owner of a company of which my wife is the major holder—maybe some day she will pay me more. In the meantime, I’m going to have to keep paying my union dues and stay organized.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. I speak in support of ACR 20. I was going to speak, as a woman and the mother of a daughter—but when I look at it all the way around, simply as a human being, until equality is there for all of us, it won’t be there for any of us. Thank you.
Assemblywoman Freeman:
Thank you, Mr. Speaker. I rise in support of this resolution as well. One of the things that really caught my eye, when I looked at the material on our desk, is the red purse. Even an old warhorse like myself didn’t recognize that this happened years ago. You can be sure in the next few days you will see me sporting a red purse.
Assemblyman Price:
Thank you, Mr. Speaker. It is with great pleasure that I rise in support of ACR 20. Those of you who have to listen to me all the time have heard some of my stories. I have been a member of the Electricians Union since 1954. I have seen the wonderful growth of women into the construction industry. I have mentioned this before but it is a fact that in the construction industry, a lot of the employers are happier having women handling their heavy equipment because they have turned out to be a lot better with the equipment. They don’t hot dog around.
We have many women electricians now. I recall working with the very first one when she was an apprentice and we were at the convention center. We were working in the ceiling and we had to get to something on the other side. She walked across a beam that I was afraid to go across. I had to go around. In all sincerity, it is wonderful we can be having this celebration and this recognition today. I want to thank my colleagues for getting the resolution and having all of you here with us today.
Assemblyman Anderson:
Thank you, Mr. Speaker. I also rise in support of the resolution. As a historian, it has always amazed me that it is the women who have sacrificed for civil rights throughout the history of this country. It is they who first looked for children’s rights in the workplace; it is they who first made sure that the questions of race were addressed; it was they who have moved our society forward into a more humane view. Yet, they continue to lag behind. I have to say the resolution doesn’t go far enough in terms of trying to bring about what surely should be an equal question. Belonging to a profession dominated by women, I have often felt that is probably the reason why the pay inequity exists in that particular profession. It is a real shame that we have fallen to these particular questions.
Resolution adopted unanimously.
Assemblywoman Chowning moved that all rules be suspended and that Assembly Concurrent Resolution No. 20 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Anderson moved that Assembly Bill No. 105 be taken from the Chief Clerk's desk and be re-referred to the Committee on Judiciary.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 318 be taken from the General File and be placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Goldwater moved that Senate Bill No. 59 be taken from the Chief Clerk's desk and be placed on the General File.
Motion carried.
Notice Of Waiver
A Waiver requested by: Legislative Counsel.
For: A New BDR to: Allow use of principal in Heil Trust fund for wild horses upon approval of Legislature or IFC without finding of emergency.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.2 (dates for introduction of BDRs by committees).
Has been granted effective: March 30, 2001.
William J. Raggio Richard D. Perkins.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 662—AN ACT relating to wild horses; revising the provisions relating to the authorization for the expenditure of money in the Heil trust fund for wild horses; and providing other matters properly relating thereto.
Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 36.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 78.
Amend section 1, page 1, by deleting lines 3 through 15 and inserting:
“administrator shall approve or deny a claim relating to health insurance coverage within 30 calendar days after the administrator receives the claim. If the claim is approved, the administrator shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the administrator shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the administrator and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend section 1, page 1, line 17, by deleting:
“or any part thereof,”.
Amend section 1, page 1, line 18, after “20” by inserting “calendar”.
Amend section 1, pages 1 and 2, by deleting lines 21 and 22 on page 1 and lines 1 through 10 on page 2, and inserting:
“the claim. If additional information is requested from the provider of health care, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The administrator shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the administrator shall pay the claim within [30] 20 calendar days after he receives the additional information. If the approved claim is not paid within that period, the administrator shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend section 1, page 2, lines 16 and 17, by deleting:
“[part] a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 2, page 2, by deleting lines 22 through 34 and inserting:
“shall approve or deny a claim relating to a policy of health insurance within 30 calendar days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 2, page 2, line 36, by deleting:
“or any part thereof,”.
Amend sec. 2, page 2, line 37, after “20” by inserting “calendar”.
Amend sec. 2, pages 2 and 3, by deleting lines 39 through 48 on page 2 and lines 1 and 2 on page 3, and inserting:
“the specific reasons for the delay in approving or denying the claim. If additional information is requested from the provider of health care, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The insurer shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 2, page 3, lines 8 and 9, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 3, page 3, by deleting lines 14 through 26 and inserting:
“shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 calendar days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 3, page 3, line 28, by deleting:
“or any part thereof,”.
Amend sec. 3, page 3, line 29, after “20” by inserting “calendar”.
Amend sec. 3, page 3, by deleting lines 31 through 42 and inserting:
“the specific reasons for the delay in approving or denying the claim. If additional information is requested from the provider of health care, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The insurer shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 3, page 3, lines 48 and 49, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 4, page 4, by deleting lines 6 through 18 and inserting:
“purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 calendar days after the carrier receives the claim. If the claim is approved, the carrier shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the carrier shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the carrier and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 4, page 4, line 20, by deleting:
“or any part thereof,”.
Amend sec. 4, page 4, line 21, after “20” by inserting “calendar”.
Amend sec. 4, page 4, by deleting lines 23 through 34 and inserting:
“specific reasons for the delay in approving or denying the claim. If additional information is requested from the provider of health care, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The carrier shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the carrier shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the carrier shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 4, page 4, lines 40 and 41, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 5, pages 4 and 5, by deleting lines 46 through 49 on page 4 and lines 1 through 9 on page 5, and inserting:
“shall approve or deny a claim relating to a certificate of health insurance within 30 calendar days after the society receives the claim. If the claim is approved, the society shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the society shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the society and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 5, page 5, line 11, by deleting:
“or any part thereof,”.
Amend sec. 5, page 5, line 12, after “20” by inserting “calendar”.
Amend sec. 5, page 5, by deleting lines 14 through 25 and inserting:
“the specific reasons for the delay in approving or denying the claim. If additional information is requested from the provider of health care, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The society shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the society shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the society shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 5, page 5, lines 31 and 32, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 6, pages 5 and 6, by deleting lines 38 through 48 on page 5 and lines 1 and 2 on page 6, and inserting: “claim relating to a contract for dental, hospital or medical services within 30 calendar days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the corporation shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the corporation and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 6, page 6, line 4, by deleting:
“or any part thereof,”.
Amend sec. 6, page 6, line 5, after “20” by inserting “calendar”.
Amend sec. 6, page 6, by deleting lines 8 through 19 and inserting: “in approving or denying the claim. If additional information is requested from the provider of dental, hospital or medical services, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of dental, hospital or medical services fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The corporation shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 6, page 6, lines 25 and 26, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend sec. 7, page 6, by deleting lines 31 through 44 and inserting:
“maintenance organization shall approve or deny a claim relating to a health care plan within 30 calendar days after the health maintenance organization receives the claim. If the claim is approved, the health maintenance organization shall pay the claim within 30 calendar days after it is approved. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 . [unless a different rate of interest is established pursuant to an express written contract between the corporation and the provider of health care.] The interest must be calculated from 30 calendar days after the date on which the claim is approved until the claim is paid.”.
Amend sec. 7, page 6, lines 46 and 47, by deleting:
“or any part thereof,”.
Amend sec. 7, page 6, line 48, after “20” by inserting “calendar”.
Amend sec. 7, page 7, line 1,by deleting “claim” and inserting “claim.”.
Amend sec. 7, page 7, by deleting lines 2 through 14 and inserting: “If additional information is requested from the provider of health care services, the provider shall furnish the additional information within 20 calendar days after receiving the request. If the provider of health care services fails to furnish the additional information within that period, the provider is not entitled to any interest payment to which he would otherwise be entitled for the late payment of a claim. The health maintenance organization shall approve or deny the claim within [30] 20 calendar days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within [30] 20 calendar days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1[.] , except that the interest must be calculated from 20 calendar days after the date on which the additional information is received until the claim is paid.”.
Amend sec. 7, page 7, lines 21 and 22, by deleting:
“[part]a portion of a claim or part thereof” and inserting:
“part of a claim”.
Amend the bill as a whole by renumbering sec. 8 as sec. 9 and adding a new section designated sec. 8, following sec.7, to read as follows:
“Sec. 8. The amendatory provisions of this act apply only to contracts entered into, amended, extended or renewed after the effective date of this act.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 52.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 103.
Amend section 1, page 1, line 4, by deleting “Agrees” and inserting:
“Has entered into a written agreement”.
Amend section 1, page 1, line 6, by deleting “not” and inserting:
“not, except as otherwise provided in this paragraph or another specific statute,”.
Amend section 1, page 1, line 7, by deleting “the health” and inserting:
“the particular health”.
Amend section 1, page 1, by deleting lines 9 and 10 and inserting:
“reimbursement from the insurer. This paragraph does not prohibit a practitioner or health facility from collecting or seeking to collect from a patient:
(1) Any copayment, deductible or coinsurance required by the insurer of the patient; or
(2) Any amount of the payment or reimbursement the practitioner or health facility agreed to accept from the insurer of the patient which, as the result of the failure of the patient to obtain any preauthorization or to take any other action required by the insurer, the insurer is not obligated to provide.”.
Amend section 1, page 1, line 11, by deleting:
“Does not agree” and inserting:
“Has not entered into a written agreement”.
Amend section 1, page 1, by deleting lines 18 and 19 and inserting:
“(b) “Insurer” means any person or state or local governmental entity that, pursuant to any written agreement, pays or”.
Amend sec. 2, page 2, line 5, by deleting “insurers” and inserting:
“health care plans”.
Amend sec. 2, page 2, line 6, after “services.” by inserting:
“The legislative auditor may specify and limit the particular billing records to be included in the audit.”.
Amend sec. 2, page 2, between lines 21 and 22, by inserting:
“5. The University Medical Center of Southern Nevada shall, within 6 months after the period for the submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. Upon the request of the legislative auditor, the University Medical Center of Southern Nevada shall transfer to the audit division of the legislative counsel bureau the sum of $25,000 to carry out the provisions of section 2 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after June 30, 2003, and must be transferred to the University Medical Center of Southern Nevada as soon as all payments of money committed have been made.”.
Amend sec. 3, page 2, line 23, by deleting “$15,000” and inserting “$25,000”.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:
“Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.”.
Amend sec. 4, page 2, line 29, by deleting “section 3” and inserting:
“sections 3, 4 and 5”.
Amend sec. 4, page 2, by deleting line 31 and inserting:
“2. Section 2 of this act becomes effective on July 1, 2001.
3. Section 1 of this act becomes effective on October 1, 2001.”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 52 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 83.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 97.
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. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
The driver of a vehicle shall yield the right of way to a bus or other vehicle used to provide public mass transportation which is traveling in the same direction and which has properly signaled and is reentering the flow of traffic from a turnout lane for such buses or other vehicles.
Sec. 2. NRS 484.3765 is hereby amended to read as follows:
484.3765 1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484.278.
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.
(4) Following another vehicle too closely in violation of NRS 484.307.
(5) Failing to yield the right of way in violation of any provision of NRS 484.315 to 484.323, inclusive[.] , and section 1 of this act.
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor. In addition to any other penalty:
(a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.
4. To determine whether the provisions of paragraph (a) or (b) of subsection 3 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.
5. If the driver is already the subject of any other order suspending or revoking his driver’s license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.
6. If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the department.
7. If the driver successfully completes a course of traffic safety ordered pursuant to this section, the department shall cancel three demerit points from his driving record in accordance with NRS 483.475, unless the driver would not otherwise be entitled to have those demerit points canceled pursuant to the provisions of that section.
8. This section does not preclude the suspension or revocation of the driver’s license of the driver pursuant to any other provision of law.”.
Amend section 1, page 1, line 2, by deleting “A” and inserting:
“[A] Except as otherwise provided in subsection 2, a”.
Amend section 1, page 1, line 2, by deleting “A” and inserting:
“[A] Except as otherwise provided in subsection 2, a”.
Amend section 1, page 1, by deleting lines 7 through 13 and inserting:
“(a) Single tires, 20,000 pounds; or
(b) Dual tires, 25,000 pounds.”.
Amend section 1, page 1, line 14, after “2.” by inserting: “A vehicle with a maximum weight on a single axle with single tires of more that 20,000 pounds but not more than 29,000 pounds that is used by a regional transportation commission or its contractor to provide public mass transportation as part of a demonstration project may be operated or moved upon a public highway, other than a highway within the designated interstate system, if the tires are not less than 20 inches in width and the department of transportation, after conducting an evaluation of the vehicle:
(a) Determines that such operation or movement of the vehicle is in the best interest of the department; and
(b) In its discretion, issues a permit authorizing such operation or movement of the vehicle.
3.”.
Amend the title of the bill to read as follows:
“AN ACT relating to vehicles; requiring the driver of a vehicle under certain circumstances to yield the right of way to buses and other vehicles used to provide public mass transportation; providing for the issuance under certain circumstances of a permit authorizing the operation or movement of certain heavier vehicles used to provide public mass transportation; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning vehicles used to provide public mass transportation. (BDR 43‑1020)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywomen Chowning and Giunchigliani.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:46 a.m.
ASSEMBLY IN SESSION
At 11:52 a.m.
Mr. Speaker presiding.
Quorum present.
Remarks by Assemblyman Mortensen.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblywoman Chowning moved that upon return from the printer Assembly Bill No. 83 be placed on the Chief Clerk’s desk.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 3, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 27.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 27.
Assemblywoman Leslie moved the adoption of the resolution.
Remarks by Assemblymen Leslie, Anderson, Chowning, Gibbons and Williams.
Assemblyman Williams requested that the following remarks be entered in the Journal.
Assemblywoman Leslie:
Thank you, Mr. Speaker. The resolution is very eloquent about why we are here today to honor Mrs. Bertha Woodard. She was a true heroine in leading the civil rights movement in Nevada and a very kind woman, known for her generosity and spiritual grounding and conviction. She was a woman of great courage. Her leadership is especially noteworthy when taken in the historical context you have heard about in the resolution, at a time when Reno was known as the “Mississippi of the West.” I’ve discussed the great personal risk she took with my teenager, who can not imagine the situations Mrs. Woodard protested. Imagine the only restaurant in Hawthorne, located in a casino, that did not allow persons of color to eat there; or the signs in Reno stores that read “No Indians, Negroes or dogs.” How about the general ban on allowing minorities into our Reno casinos as recently as 1959? I was born then. Unless they were entertainers, they couldn’t enter.
Mrs. Woodard was known as the matriarch of the Reno/Sparks chapter of the NAACP. Many of our leaders from the African-American community routinely went to her house, to consult Mrs. Woodard before moving forward with any protest, program or picket line. I worked at the Community Services Agency in the early 1980’s and I met Mrs. Woodard and she was always ready to talk to me: a young Caucasian know-nothing woman working in the heart of northeast Reno. Many times I needed to find the executive director, Cloyde Phillips, when something was happening in northeast Reno. Always I was told, “He’s down the street visiting Mrs. Woodard.”
Her legacy will live on through a comprehensive history of the civil rights movement in Nevada being compiled by students from UNR and other leaders of the African-American community. In behalf of the Assembly, I urge your support of this resolution to express our condolences to her family and, indeed, to the entire community concerned with justice and liberty in our state. She was our guiding light and we must continue to heed her spirit in the years ahead. Thank you, Mr. Speaker.
Assemblyman Anderson:
Thank you, Mr. Speaker. I rise in support of SCR 27. Mrs. Woodard’s contribution to my community can not be underestimated. My first teaching assignment was a school in Reno that had, what was considered to be, a large minority population. The pride that the students took from the example set by Mrs. Woodard is an example I will always remember. Her courage in fostering black pride in an age when it was just barely becoming fashionable to be in that group. Her leadership in stating to the community that you had to treat everyone on an equal basis is one I think we can all take great pride in. It demonstrated her fairness in action, her view towards humanity, that no one should be left behind. Her leadership is something all of us can salute. My condolences to her family and friends for this great loss to us all.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I stand in support of SCR 27. I would like to share with the family that when I was going to college in the 1960’s, I was ashamed persons of color were not able to stay in the motels and hotels. Even the entertainers could not. Yes, they could enter, but they were not allowed to stay there. They were allowed to entertain and bring joy to everyone, but they were not allowed to spend the night there. I was very ashamed of that time and glad to have seen the change with the civil rights movement. I thank the family and thank Mrs. Woodard even though I did not know her personally. I thank her for her grace and dignity and for paving the way for equal treatment for all. Thank you.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I rise in support of SCR 27 in honor of Mrs. Bertha Woodard’s life. The African proverb says, “Each time an elder passes, a library dies.” With the passing of Mrs. Woodard, let us not forget the pain and suffering she endured in her young life. Let us not forget how people can react and discriminate. And now, of course, we see it in many other ways, even today. Let us remember to always be aware and not allow for any type of discrimination in our lives. Let us do it in memory of Bertha Woodard. Let us do it in the memory of her ancestors who never saw the benefit of freedom or the privilege of living a free life, such as going to public schools with other children or even being able to vote. Many served their country and fought in war and never came home, knowing they would never be free. So, let us not forget those sacrifices that she lived through and the people before her lived through. Thank you.
Assemblyman Williams:
I rise in support of SCR 27. We honor many people in Nevada who deserve it. Some we know and some we don’t. Today I have the thrilling pleasure to say I had a chance to meet Bertha Woodard and to know her, as many people have in Nevada. Mr. Speaker, in 1985 I made a trip to Carson City at the request of then governor Richard Bryan, as he established the first Martin Luther King holiday. I had a chance to meet one of our former colleagues, Courtney Swain. It was sort of a setup, I think; I found out later. We had lunch during that meeting and Ms. Swain took me across the street to the Ormsby House and we were joined by a gentleman who I later became to know as Bob Sader.
At that time, it appeared the democrats were actively seeking candidates to run for the Legislature. I was here for a King meeting and had no idea what the Legislature was about. They talked to me about possibly running as a candidate for the Legislature and I had no interest.
The setup continued even more so. They put me in a car and drove me to the home of Bertha Woodard. When I met this lady, I could see the obvious dignity and courage. She said, “It appears you have done some community service and may have something to give. I think you need to listen to these people.” As a result, I guess the rest is history. We talk about what happens when a person dies. I think in this particular case, when this person died, many of us really began to live. Mr. Speaker, I urge my colleagues to support the resolution.
Resolution adopted unanimously.
SECOND READING AND AMENDMENT
Assembly Bill No. 149.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 102.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 610.095 is hereby amended to read as follows:
610.095 The state apprenticeship council shall:
1. Register and approve or reject proposed programs and standards for apprenticeship.
2. After providing notice and a hearing and for good cause shown, deny an application for approval of a program, suspend, terminate, cancel or place conditions upon any approved program, or place an approved program on probation [.] for any violation of the provisions of this Title as specified in regulations adopted by the state apprenticeship council.
Sec. 2. This act becomes effective upon passage and approval for the purpose of adopting regulations by the state apprenticeship council to carry out the provisions of section 1 of this act and on January 1, 2002, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to apprenticeships; requiring the state apprenticeship council to deny an application for approval or to suspend, terminate, cancel, place conditions upon or place on probation an approved program of apprenticeship based upon certain violations specified by regulations adopted by the council; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 239.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 152.
Amend section 1, page 1, line 3, by deleting “In” and inserting: “Except as otherwise provided in subsection 2, in”.
Amend section 1, page 1, line 7, after “providing” by inserting: “pro bono programs and of providing”.
Amend section 1, page 1, line 10, by deleting “receive” and inserting “receives”.
Amend section 1, page 2, line 3, after “2.” by inserting:
“A board of county commissioners may not by ordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:
(a) A motion filed solely to adjust the amount of support for a child set forth in a final order; or
(b) A motion for reconsideration or for a new trial that is filed within 10 days after a final judgment or decree has been issued.
3.”.
Amend section 1, page 2, line 9, by deleting “3.” and inserting “4.”.
Amend sec. 2, page 2, line 19, after “providing” by inserting:
“pro bono programs and of providing”.
Amend the title of the bill, third line, after “providing” by inserting: “pro bono programs and of providing”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes board of county commissioners to impose additional fee for filing certain actions and responses thereto in district courts and justices’ courts to offset costs of providing pro bono programs and of providing legal services without charge to abused or neglected children, victims of domestic violence and other needy persons. (BDR 2‑298)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 264.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 114.
Amend sec. 9, page 4, by deleting lines 18 and 19 and inserting:
“(1) The notification of the parent, guardian or custodian of the runaway or homeless youth concerning the whereabouts of the runaway or homeless youth as soon as practicable, except in”.
Amend sec. 9, page 4, line 22, by deleting “a” and inserting “the”.
Amend sec. 9, page 4, line 29, after “(f)”, by inserting: “Require an approved youth shelter to return or facilitate the return of a runaway or homeless youth to the parent, guardian or custodian who was notified of the whereabouts of the runaway or homeless youth pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or custodian so requests.
(g)”.
Amend sec. 9, page 4, line 31, by deleting “a” and inserting “the”.
Amend sec. 9, page 4, line 34, by deleting “(g)” and inserting “(h)”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 305.
Bill read second time and ordered to third reading.
Assembly Bill No. 343.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 89.
Amend sec. 66, page 29, line 47, by deleting “division” and inserting “[division]”.
Amend sec. 68, page 30, after line 23, by inserting:
“6. Except as otherwise provided in regulations adopted by the division, care is voluntarily provided to a minor child who is:
(a) Related to the caretaker by blood, adoption or marriage; and
(b) Not in the custody of an agency which provides child welfare services.”.
Amend sec. 69, page 30, by deleting lines 31 and 32 and inserting:
“the amount to be paid to each of them from the money distributed to the agency which provides child welfare services pursuant to NRS 432.040, certified”.
Amend the bill as a whole by adding a new section designated sec. 74.5, following sec. 74, to read as follows:
“Sec. 74.5. NRS 432.031 is hereby amended to read as follows:
432.031 1. The department of human resources, through the division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any services and activities for child welfare.
2. If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada program for child welfare, either as relates to eligibility for assistance or otherwise, the director of the department of human resources is authorized to accept, with the approval of the governor, the increased benefits of that legislation. The division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.
3. An agency which provides child welfare services in a county whose population is 100,000 or more shall enter into such agreements with the division as are necessary to maximize the amount of money that this state may obtain from the Federal Government for the provision of child welfare services throughout this state.”.
Amend sec. 81, page 34, line 36, by inserting “1.” before “The”.
Amend sec. 81, page 34, line 45, by deleting “1.” and inserting “(a)”.
Amend sec. 81, page 34, line 47, by deleting “2.” and inserting “(b)”.
Amend sec. 81, page 35, line 1, by deleting “3.” and inserting “(c)”.
Amend sec. 81, page 35, after line 2, by inserting:
“2. An agency which provides child welfare services in a county whose population is 100,000 or more shall account separately for the money that is distributed to that agency pursuant to this section.”.
Amend sec. 82, page 35, lines 4 and 5, by deleting:
“pursuant to the provisions of NRS 432.040” and inserting:
“[pursuant to the provisions of NRS 432.040] for the expenses of providing special services and maintenance pursuant to NRS 432.010 to 432.085, inclusive,”.
Amend sec. 82, page 35, line 13, by deleting “88” and inserting “81”.
Amend sec. 85, page 36, lines 21 and 22, by deleting:
“in the county treasury.” and inserting:
“by the board of county commissioners.”.
Amend sec. 86, page 37, lines 4 and 5, by deleting:
“in the county treasury”.
Amend sec. 130, page 58, line 7, after “employed” by inserting:
“by an agency which provides child welfare services in a county whose population is 100,000 or more”.
Amend sec. 130, page 58, line 17, by deleting:
“[July 1, 1988,] September 1, 2002,” and inserting:
“July 1, 1988,”.
Amend sec. 130, page 58, after line 20, by inserting:
“5. As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.”.
Amend the bill as a whole by adding a new section designated sec. 131.5, following sec. 131, to read as follows:
“Sec. 131.5. Section 3 of chapter 508, Statutes of Nevada 1999, at page 2612, is hereby amended to read as follows:
Sec. 3. This act becomes effective on July 1, 1999, and expires by limitation on June 30, [2001.] 2003.”.
Amend sec. 134, page 60, line 2, by deleting “thereto:” and inserting:
“thereto to the contrary:”.
Amend sec. 134, page 60, by deleting lines 11 through 14.
Amend sec. 134, page 60, line 15, by deleting “3.” and inserting “2.”.
Amend sec. 134, page 60, line 18, after “employment” by inserting:
“in a comparable position”.
Amend sec. 134, page 60, line 20, by deleting “4.” and inserting “3.”.
Amend sec. 134, page 60, line 22, by deleting “3” and inserting “2”.
Amend sec. 134, page 60, line 26, by deleting “3.” and inserting “2.”.
Amend sec. 134, page 60, by deleting lines 31 through 44 and inserting:
“paragraph; or
(b) Receive payment for his unused sick leave, exclusive of any unused sick leave accrued but not carried forward, as of the effective date of the abolishment of his position, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(1) For less than 10 years of service, not more than $1,500.
(2) For 10 years of service or more but less than 15 years, not more than $2,500.
(3) For 15 years of service or more but less than 20 years, not more than $4,000.
(4) For 20 years of service or more but less than 25 years, not more than $6,000.
(5) For 25 years of service or more, not more than $8,000.
FLUSH
If the payment
provided pursuant to this paragraph does not compensate the employee fully for
the unused sick leave that the employee has accrued and carried forward, the
remaining balance of the employee’s unused sick leave must be transferred to
his sick leave account with the agency with which he accepted employment
pursuant to subsection 2. If sick leave is transferred to the employee’s sick
leave account with the county agency pursuant to this paragraph, the employee
may only use that sick leave after he has exhausted the sick leave that he
accrues at the county agency. The employee may not receive any payment for sick
leave that is transferred pursuant to this paragraph.”.
Amend sec. 134, page 60, line 45, by deleting “5.” and inserting “4.”.
Amend sec. 134, page 60, line 47, by deleting “3” and inserting “2”.
Amend sec. 134, page 61, line 5, by deleting “6.” and inserting “5.”.
Amend sec. 134, page 61, line 7, after “classified” by inserting “and continued”.
Amend sec. 134, page 61, by deleting line 9 and inserting:
“subsection 2. Persons hired by the county agency on or after October 1, 2001, in the capacity of social worker, supervisor of social work or administrator of social work must be licensed pursuant to chapter 641B of NRS.”.
Amend sec. 134, page 61, line 10, by deleting “7.” and inserting “6.”.
Amend sec. 134, page 61, line 13, by deleting “3” and inserting “2”.
Amend sec. 134, page 61, line 20, by deleting “3” and inserting “2”.
Amend sec. 134, page 61, line 25, by deleting “8.” and inserting “7.”.
Amend sec. 134, page 61, line 27, by deleting “3” and inserting “2”.
Amend sec. 134, page 61, by deleting lines 30 through 32 and inserting:
“(a) Must be in a range of salary such that the employee will not experience any reduction in his annual net salary.
(b) Must be adjusted to include any merit increase that the employee would have been eligible to receive within the 1-year period after his acceptance of an offer pursuant to subsection 2 if the employee had remained employed by the division of child and family services of the department of human resources. Such an increase must not commence until the date on which the employee would have received the merit increase if the employee had remained employed by the division of child and family services.”.
Amend sec. 134, page 61, line 33, by deleting “(b)” and inserting “(c)”.
Amend sec. 134, page 61, line 35, by deleting “3” and inserting “2”.
Amend sec. 134, page 61, line 39, by deleting “(c)” and inserting “(d)”.
Amend sec. 134, page 61, by deleting lines 43 through 49 and inserting:
“8. Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an agency which provides child welfare services in a county whose population is 100,000 or more shall pay to the public employees’ benefits program the premiums or contributions for each employee of the division of child and family services of the department of human resources who:
(a) Accepts an offer of employment made pursuant to subsection 2 by the agency; and
(b) Participated in the public employees’ benefits program,
F
from the date on
which the position of the employee was abolished until the employee is eligible
for coverage for health benefits by the county agency. The coverage of the
employee under the public employees’ benefits program must be continuous until
his coverage for health benefits commences with the county agency.”.
Amend sec. 134, page 62, line 1, by deleting “10.” and inserting “9.”.
Amend sec. 134, page 62, line 6, by deleting “3” and inserting “2”.
Amend sec. 134, page 62, after line 6, by inserting:
“10. Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 is entitled to the same rights as a county employee in the case of a layoff at the county agency. For the purposes of a layoff at the county agency, the number of years of state service of such an employee of the division of child and family services must be considered in addition to his years of service with the county agency.”.
Amend the bill as a whole by adding a new section designated sec. 134.5, following sec. 134, to read as follows:
“Sec. 134.5. Notwithstanding any provision of chapter 284 of NRS or any regulations adopted pursuant thereto to the contrary, an employee of the division of child and family services of the department of human resources whose position is or will be abolished may request that his name be placed on the appropriate reemployment list before or after his position is abolished and is entitled to all related rights and privileges as if he had been laid off on the date on which his position was abolished.”.
Amend sec. 135, page 62, line 10, by deleting “400,000” and inserting “100,000”.
Amend sec. 136, page 62, by deleting lines 17 through 24 and inserting:
“Sec. 136. 1. This section and sections 131.5, 134.5 and 137 of this act become effective upon passage and approval.
2. Sections 35 to 41, inclusive, of this act become effective on July 1, 2001.
3. Sections 1 to 34, inclusive, 42 to 130, inclusive, 132, 133, 134 and 135 of this act become effective on October 1, 2001.
4. Sections 35 to 41, inclusive, and 126 of this act expire by limitation on June 30, 2005.
5. Section 130 of this act expires by limitation on January 1, 2005.
6. Section 131 of this act becomes effective on July 1, 2005.”.
Amend the preamble of the bill, pages 1 and 2, by deleting lines 1 through 21 on page 1 and lines 1 through 11 on page 2, and inserting:
“Whereas, Under the current child welfare system in this state, a child residing in a county whose population is 100,000 or more who is in need of protective custody services is initially under the supervision of the county; and
Whereas, If such a child is unable to return safely to the home of his parents and will remain in out-of-home care for more than 6 months, custody of the child is typically transferred to the Division of Child and Family Services of the Department of Human Resources; and
Whereas, After being transferred from to the Division of Child and Family Services, a child and his parents are typically assigned a new case manager, the child is placed in a new foster home that is willing to accept the foster care rates paid by the Division and the child is transferred to a new therapist who is a Medicaid provider; and
Whereas, Under this bifurcated system, the transfer of custody to the Division of Child and Family Services may result in a delay of up to 6 months in the commencement of a permanent plan for the care and treatment of a child and may cause the child to remain in the system for a longer period; and
Whereas, The Federal Adoption and Safe Families Act of 1997 requires the agency which provides child welfare services to pursue termination of parental rights for any child who remains in out-of-home care for 15 months out of the immediately preceding 22 months; and
Whereas, The interruption of services to children and families caused by the bifurcated system places parents at risk of having their parental rights terminated unjustly; and
Whereas, The bifurcated system also creates disparities in the rates of reimbursement for providers of foster care and the compensation paid to employees of the county and the state; and
Whereas, The duplication of efforts inherent in a bifurcated system is inefficient; and
Whereas, Integration of the child welfare system in this state will begin to eliminate the inefficiencies of the current system by reducing the number of placements of children in foster homes, decreasing the length of time that children remain in out-of-home care and ensuring that children are placed in permanent homes as soon as possible; and
Whereas, Caseload standards must be established by regulation to ensure that agencies which provide child welfare services have sufficient staff to provide best practices for the provision of child welfare services in this state; and
Whereas, The rates for foster care reimbursement should be established at a level that enables a provider of foster care to care for a child adequately and the rates should be standardized within each county and structured in a manner that avoids any unnecessary interruptions in foster home placements because of changing levels of reimbursements; and
Whereas, Fairness to employees affected by the integration of the child welfare system is a priority; and
Whereas, The Division of Child and Family Services and counties whose population is 100,000 or more have a shared fiscal responsibility for the costs of providing child welfare services and must be committed to ensuring future maintenance of their efforts in providing those services and to equitably sharing future costs for providing those services; and
Whereas, Integration of the child welfare system in this state will allow the placement of children in a child welfare system that is adequately funded and structured to avoid unnecessary interruptions in placement and will ensure that permanency is achieved for children in accordance with federal and state laws; now, therefore,”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Assemblywoman Buckley moved that upon return from the printer Assembly Bill No. 343 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 396.
Bill read second time and ordered to third reading.
Assembly Bill No. 400.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 30.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 30:
Yeas—42.
Nays—None.
Assembly Bill No. 30 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 47.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 47:
Yeas—42.
Nays—None.
Assembly Bill No. 47 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 74.
Bill read third time.
Remarks by Assemblyman Berman.
Roll call on Assembly Bill No. 74:
Yeas—42.
Nays—None.
Assembly Bill No. 74 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 154.
Bill read third time.
Remarks by Assemblymen Dini and Carpenter.
Roll call on Assembly Bill No. 154:
Yeas—42.
Nays—None.
Assembly Bill No. 154 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 440.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 440:
Yeas—42.
Nays—None.
Assembly Bill No. 440 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 59.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 59:
Yeas—41.
Nays—Perkins.
Senate Bill No. 59 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 217, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was re-referred Assembly Bill No. 152, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Joseph E. Dini, Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 3, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 28.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 28.
Assemblywoman Tiffany moved the adoption of the resolution.
Remarks by Assemblymen Tiffany and Carpenter.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Tiffany:
Thank you, Mr. Speaker. Stan Fuke has been in the field of education for nearly four decades. He has been a teacher, a librarian, a library administrator and he has been employed by the Clark County School District since 1976. Stan is a vocal voice for public school libraries and librarians. He is also a leader in the promotion of technology for the administration of the libraries and for the information resources they contain. Stan Fuke has helped rejuvenate the Library Science program at UNLV, as well as establishing a good working relationship with the public libraries. In 1995, Stan received the James McPhee Memorial Intellectual Freedom reward, presented by the Clark County School Librarians Association. This reward is given only for the recognition of the dedication to the cause of preserving freedom of expression and inquiry. In 1997, Stan Fuke was inducted into the Clark County School District’s Hall of Fame. This honor recognizes people who have made extraordinary and lasting contributions to the education in the community.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I want to stand in support of SCR 28. When I was a county commissioner, I felt that one of my greatest responsibilities was to make sure the county libraries were funded and funded properly. Out in the rural areas, we have what they call “bookmobiles.” The bookmobile is a big bus with a lot of books on it. They go around and visit all the cowboys and miners and the people out there who do not get a chance to have the latest in literature. I want to congratulate our honored guest for all his hard work in the library field and hopefully, we will all continue to read good books. Thank you.
Resolution adopted unanimously.
Assemblywoman Buckley moved that the Assembly recess until 4:45 p.m.
Motion carried.
Assembly in recess at 12:49 p.m.
ASSEMBLY IN SESSION
At 5:06 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 380, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Education, to which was referred Assembly Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 433, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David E. Goldwater, Chairman
Mr. Speaker announced that the Assembly would recess for the purpose of hearing an address by Ray Smith, National Commander of the American Legion.
Assembly in recess at 5:08 p.m.
ASSEMBLY IN SESSION
At 5:23 p.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to John Mayer, Jim Lutches and Linda Weber.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Connie Barker.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy Cummings.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to M. Paul Workman and Debbie Dixon.
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Duncan McCoy.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Daniel Walters.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Nolan W. Lloyd and Jeanette Moore.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Stahl.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Jensen, Janice Duminie, Barbara Drake and Guy Rocha.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie McGuire.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Pete Goicoechea and Jon Sprague.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Zdunich and Linda Wilson.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Julia Doren and Sally Kinsey.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Kayla Cothrun.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Dixon.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Danny Lee and Chelly Goldwater.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Theresa Kenneston.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Keri Putnam.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Daphne Cruikshanks.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Patrick Dunn.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Vladimir Zorin, Irina Zorina Pearson and Randolph Carlton Wright.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Dalton, Jerry Holloway, Keith Johnson, Lonne L. Feemster, Mark Tiar and Frankie Lukasko.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Alice McGee.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Mercedes MacPherson.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Lee Gordon.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Thompson and Jo Thompson.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Baldino.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Bridgett Bergan, Alicia Kingsley, Ashley Manke, Zachary Vannucci, Cisco Scarcella, Bryce Taylor, Audry Taylor, Josh Peacock, Jennifer Carson, Beth Hinton, Gabrielle Hinton, Miranda Moore, Jordan Leguerica, Briar Timmons, Chase Yeager, Megan Harrill, Devin Harrill, Amanda Osborne, Bryan Blanchard, Kurt Andersen, Eric McDaniel, Matt McDaniel, Cody McDaniel, Samantha Hilke, Philip Lee, Wesley Lee, Reina Lee, Lisa Shores, Sara Shores, Darrell Hughes, Paul Murphy, Juliana Gabica, Patricia Wentworth, Claudia Alvorado, Lauren Curry, L.J. Fauls, Linda Fezueroa, Andy Fisk, April Githens, Erich Glass, Josh Griening, Javier Gutierrez, Christian Guzman, Ed Harper, Rachelle Hernandez, Cheyenna Kochamp, Angie Koontz, Pam Lopez, Didier Moguel, Juan Monnroy, Rafael Osegura, Tyler Pruitt, Larry Reagan, Lacie Rogers, Kim Shell, Morgan Soukup, Naomi Stevens, Cherin Tewonema, James Vaughn, Nathan Via, Adrian Santillan, Lucas Allen, Chris Barrett, Savanna Burns, Jarred Cherry, Matthew Cole, Jason Conn, Clinton Darguea, Katie Doyle, Megan Duncan, Idalia Enriquez, Briget Gimarez, Angela Guastella, Jarrod Harvey, Brandy Hines, Christy Hyde, Brian Karopetian, Shane Maddox, Shawn McGinnis, Marlon Moncada, Sean Moore, Jesse Nicholson, Josh Peck, K.C. Pierson, Dustin Redus, Sarah Scanlon, Ashley Selbach, Rhiannon Sherman, David Taylor, Jamie Thornley, Crystal Trujello, Reneé Wilson, Estelle Wungnema, Brianne Young, Janet Bachman and Cory King.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Fay.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Pennell.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Holly Van Valkenburgh.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Ann Small, Eileen Horn, Stanley Fuke and Laurie Porter.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Felton Thomas.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 5, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 5:24 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon