THE NINETY-NINTH DAY
Carson City (Monday), May 14, 2001
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Tiffany and Williams, who were excused.
Prayer by the Chaplain, Captain Steve Mitchell.
Heavenly Father, we invite You into this gathering to be a vital aspect of all that will transpire here today. We ask for Your guidance and counsel to accomplish everything that needs to be done in a timely and productive manner. Assist all present with Your divine wisdom so that there might be true reality in the words of our lips and in the thoughts of our hearts. May Your blessings be upon us so that humanity might be served and You might be honored and exalted. We ask these things in Your precious name.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Parks 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 Committee on Government Affairs, to which were referred Senate Bills Nos. 123, 471, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Senate Bill No. 561, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 329, 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Senate Bill No. 488, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation, and re-refer to the Committee on Ways and Means.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 191, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ellen M. Koivisto, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 197, 519, 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 Judiciary, to which was referred Senate Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.
Bernie Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Senate 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.
Vonne S. Chowning, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Also, your Committee on Ways and Means, to which was referred Senate Bill No. 492, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 11, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 505.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 560.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 505.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 560.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 488 just reported out of committee, be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 34.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 679.
Amend sec. 2, page 2, line 13, by deleting “or psychologist”.
Amend sec. 3, page 3, line 36, after “loss;” by deleting “and”.
Amend sec. 3, page 3, line 41, by deleting “1.” and inserting:
“1; and
(c) For a proposed ward who is an adult, finds that the petition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.”.
Amend sec. 3, page 4, line 10, after “if” by inserting:
“the proposed ward is a minor and”.
Amend sec. 3, page 4, line 14, after “days.” by inserting:
“Except as otherwise provided in subsection 7, if the proposed ward is an adult, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial and immediate risk of financial loss;
(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and
(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 41.200 is hereby amended to read as follows:
41.200 1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the purview of this section, including:
(1) The circumstances which make it a disputed claim for money;
(2) The name of the third person against whom the claim is made; and
(3) If the claim is the result of an accident, the date, place and facts of the accident;
(c) The names and residence of the parents or the legal guardian of the minor;
(d) The name and residence of the person or persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:
(1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees;
(2) Medical expenses; and
(3) Other expenses,
and whether these
fees and expenses are to be deducted before or after the calculation of any
contingency fee;
(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.
3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:
(a) The injury, prognosis, treatment and progress of recovery of the minor; and
(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.
4. If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
5. Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked [trust account] financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked [trust account] financial investment has been established. If the balance [in the account] of the investment is more than $10,000, the parent, [trustee or] guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the [account] investment during the previous 12 months. If the balance [in the account] of the investment is $10,000 or less, the court may order the parent, [trustee or] guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the [account.] investment.
6. The beneficiary of a block financial investment may obtain control of or money from the investment:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.
7. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.
[7.] 8. As used in this section, the term “blocked [trust account” means an] financial investment” means a savings account established in a depository institution in this state [for the benefit of the minor with restrictions that the money cannot be withdrawn, except:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time the account must be closed and the money distributed to the beneficiary.] , a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.”.
Amend the title of the bill to read as follows:
“AN ACT relating to civil practice; revising the provisions relating to the appointment of temporary guardians; expanding the methods of investing the proceeds of a compromise from a legal dispute for a minor; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 87.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 677.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 3, line 21, before “The” by inserting “1.”.
Amend sec. 2, page 3, by deleting lines 23 through 37 and inserting:
“[1.] (a) To or for the benefit of the victim . [;
2.] (b) If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury . [;
3.] (c) If the victim dies, to or for the benefit of any one or more of the dependents of the victim . [; or
4.] (d) To a minor who is a member of the household or immediate family of a victim of a battery which constitutes domestic violence pursuant to NRS 33.018 who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of the battery.
(e) To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010.
2. As used in this [subsection:] section:”.
Amend sec. 2, page 3, line 38, after “(a)” by inserting:
““Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b)”.
Amend sec. 2, page 3, line 43, by deleting “(b)” and inserting “[(b)] (c)”.
Amend the bill as a whole by deleting sections 3 and 4.
Amend the title of the bill to read as follows:
“AN ACT relating to domestic violence; providing that certain minors who need an assessment, a psychological evaluation or psychological counseling as a result of a battery which constitutes domestic violence against a member of his household or immediate family are eligible for compensation from the fund for the compensation of victims of crime; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that minor who needs assessment, evaluation or counseling as result of battery which constitutes domestic violence against certain other persons is eligible for compensation from fund for compensation of victims of crime. (BDR 15‑854)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 88 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 91.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 699.
Amend sec. 59, page 27, line 13, by deleting:
“department of human resources.” and inserting “department.”.
Amend sec. 59, page 27, lines 15 and 16, by deleting:
“department of human resources.” and inserting “department.”.
Amend sec. 59, page 27, by deleting lines 19 and 20 and inserting:
“(a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS;”.
Amend sec. 59, page 27, line 29, by deleting “A” and inserting “The”.
Amend the bill as a whole by renumbering sections 77.1 through 77.5 as sections 78 through 80.
Amend the bill as a whole by deleting sec. 78, renumbering sections 79 through 82 as sections 92 through 95, and adding new sections designated sections 81 through 91, following sec. 77.5, to read as follows:
“Sec. 81. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS.
5. An osteopathic physician’s assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS.
Sec. 82. Section 4 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 4. NRS 453.038 is hereby amended to read as follows:
453.038 “Chart order” means an order entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or
2. Under emergency treatment in a hospital by a physician, advanced practitioner of nursing, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant, advanced practitioner of nursing, dentist or podiatric physician authorizing the administration of a drug to the patient.
Sec. 83. Section 5 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 5. NRS 453.091 is hereby amended to read as follows:
453.091 1. “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
2. “Manufacture” does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, physician assistant, dentist, podiatric physician , advanced practitioner of nursing or veterinarian:
(a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or
(b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
Sec. 84. Section 6 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 6. NRS 453.126 is hereby amended to read as follows:
453.126 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this state and is registered pursuant to this chapter.
2. An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy authorizing him to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.
5. A physician assistant who:
(a) Holds a license from the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.
6. An osteopathic physician’s assistant who:
(a) Holds a certificate from the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.
7. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
Sec. 85. Section 7 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 7. NRS 453.128 is hereby amended to read as follows:
453.128 1. “Prescription” means:
(a) An order given individually for the person for whom prescribed, directly from a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or
(b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. The term does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 86. Section 8 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 8. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who dispenses any controlled substance within this state or who proposes to engage in the dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.
2. A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
3. The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:
(a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, osteopathic physician’s assistant, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and
(2) Is registered with the Drug Enforcement Administration at a location outside this state.
4. The board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
6. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.
Sec. 87. Section 9 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 9. NRS 453.336 is hereby amended to read as follows:
453.336 1. A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:
(a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
5. Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.
6. As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 88. Section 10 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 10. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.552, inclusive:
1. “Advanced practitioner of nursing” means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the board.
2. “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
[2. “Physician,” “physician assistant,”]
3. “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the board.
4. “Physician,” “dentist,” “podiatric physician,” [“veterinarian,” “pharmacist”] “veterinarian” and “euthanasia technician” mean persons authorized by a [valid] license to practice their respective professions in this state who are registered with the board.
5. “Physician assistant” means a person who is registered with the board and:
(a) Holds a license issued pursuant to NRS 630.273; or
(b) Holds a certificate issued pursuant to NRS 633.451.
Sec. 89. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 12. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 90. Section 13 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 13. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practitioner of nursing, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
Sec. 91. 1. NRS 630.272, 630.274, 640B.010, 640B.020, 640B.030, 640B.040, 640B.050, 640B.080, 640B.100, 640B.110 and 640B.150 are hereby repealed.
2. NRS 630.256 is hereby repealed.”.
Amend sec. 81, page 40, line 35, by deleting:
“80, inclusive, and 82” and inserting:
“90, inclusive, subsection 1 of section 91 and sections 92, 93 and 95”.
Amend sec. 81, page 40, line 39, after “3.” by inserting:
“Subsection 2 of section 91 of this act becomes effective at 12:01 a.m. on July 1, 2001.
4.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 179.
Bill read second time and ordered to third reading.
Senate Bill No. 183.
Bill read second time and ordered to third reading.
Senate Bill No. 231.
Bill read second time and ordered to third reading.
Senate Bill No. 234.
Bill read second time and ordered to third reading.
Senate Bill No. 324.
Bill read second time and ordered to third reading.
Senate Bill No. 328.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of histories of all Bills and Joint Resolutions on the Second Reading File and the General File be dispensed with for this legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 474.
Bill read second time and ordered to third reading.
Senate Bill No. 503.
Bill read second time and ordered to third reading.
Senate Bill No. 520.
Bill read second time and ordered to third reading.
Senate Bill No. 521.
Bill read second time and ordered to third reading.
Senate Bill No. 523.
Bill read second time and ordered to third reading.
Senate Bill No. 563.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 698.
Amend sec. 2, page 2, line 18, by deleting:
“October 1, 2001.” and inserting:
“August 1, 2002.”.
Amend sec. 6, page 3, line 45, by deleting:
“October 1, 2001.” and inserting:
“August 1, 2002.”.
Amend sec. 10, page 5, line 19, by deleting:
“October 1, 2001.” and inserting:
“August 1, 2002.”.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
“Sec. 12. This act becomes effective on August 1, 2002.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Joint Resolution No. 1.
Resolution read second time and ordered to third reading.
Senate Bill No. 488.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 747.
Amend sec. 7, page 2, by deleting lines 43 and 44 and inserting:
“(2) Enforce each settlement or judgment pertaining to the right of this state to receive tobacco proceeds.”.
Amend sec. 9, page 3, by deleting lines 23 through 27 and inserting:
“otherwise actionable under federal or state law.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to Concurrent Committee on Judiciary.
Assemblyman Bache moved that upon return from the Concurrent Committee on Judiciary, Senate Bill No. 488 be re-referred to the Committee on Ways and Means.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Joint Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Joint Resolution No. 11 just reported out of committee, be placed on the Second Reading File.
Motion carried.
general file and third reading
Assembly Bill No. 199.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 199:
Yeas—39.
Nays—None.
Excused—Dini, Tiffany, Williams—3.
Assembly Bill No. 199 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 20.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 20:
Yeas—35.
Nays—Bache, Freeman, Giunchigliani, McClain—4.
Excused—Dini, Tiffany, Williams—3.
Senate Bill No. 20 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 46.
Bill read third time.
Remarks by Assemblymen Parnell, Gustavson and Bache.
Roll call on Senate Bill No. 46:
Yeas—37.
Nays—Angle, Gustavson—2.
Excused—Dini, Tiffany, Williams—3.
Senate Bill No. 46 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 75.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 75.
Yeas—38.
Nays—Collins.
Excused—Dini, Tiffany, Williams—3.
Senate Bill No. 75 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Senate Bill No. 125 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Goldwater.
Motion carried.
general file and third reading
Senate Bill No. 172.
Bill read third time.
Remarks by Assemblyman Claborn, Giunchigliani, Lee, Anderson, Collins, Hettrick, Arberry, Goldwater and Collins.
Assemblyman Price requested that the following remarks be entered in the Journal.
Assemblyman Claborn:
Thank you, Mr. Speaker. SB 172 revises certain provisions pertaining to carrying concealed weapons. The measure removes a current maximum of two firearms for which a permit to carry a concealed weapon firearm may be issued. The effective day would be July 1, 2002.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I have to rise in opposition to this bill. Several years ago when we first adopted the one that allowed for the concealed weapons, I think the statement was that one allowed you to carry a “summer” gun and a “winter” gun. Now, I guess, it’s going to be a “summer” gun, a “winter” gun, a “fall” gun, a “spring” gun and as many other guns as people think they need to carry around at one time. Now I understand the issue of having a concealed weapons permit, however, I don’t know how many guns one has to have to feel safe, to walk around with, at any one time. As we know, there are many problems within our State, as well as in our nation, regarding the use and misuse of handguns. This is not a state’s rights issue. This bill does not even deal with Constitutional issues. It’s one that deals with whether or not access could lead to someone, in poor judgment, using a handgun in the wrong way, which may be in murdering someone. I just don’t think this is a good policy decision.
Assemblyman Lee:
Thank you, Mr. Speaker. I also have a question, maybe to the Chairman of Judiciary. We just passed SB 20 that will allow a resident or nonresident of the State to apply to the sheriff of a county. If a person who lived in Clark County had come to Douglas County to visit one of us, is there a state card or can they fax to the sheriff of the counties they are going through, “I’m carrying a gun. I have a permit. Don’t stop me or violate my rights in this state.” How does that work from county to county?
Assemblyman Anderson:
Thank you, Mr. Speaker. To my colleague from Assembly District No. 3. To understand the overall process you need to go back to the original piece of legislation, which, of course, was to eliminate the problem from county to county, which we have already taken care of. That was already in statute. So, if you have a concealed carry permit in Clark County and you came to Washoe County or to any other county in the State, you would be able to utilize that permit within the State of Nevada—it’s a statewide use permit. Each county sheriff controls those permits that he puts out, and he has a time limit upon which he has to act on those permits, within 120 days. So, someone coming in from out of state, which would be covered by SB 20, is basically the question, would pick up a permit from one of the counties, have a permit meeting Nevada standards. That was not a reciprocity bill. In other words, if you had a “concealed carry” in another state, you still have to meet our criteria here in the State of Nevada. Now you get to carry from county to county. SB 172 deals with the number of weapons you do carry. Although, I don’t want to get into the debate about that particular part, I’ll be happy to if you wish me to.
Assemblyman Collins:
Thank you, Mr. Speaker. I rise in support of SB 172 on expanding the number of weapons. It is not saying a person can carry 10 or 20 handguns or concealed weapons on their person. It just allows an expansion of the actual weapons. In other words, it’s like a young lady that has ten purses can have one gun in each and never take the gun out of the purse, and just dress differently each day. They are only carrying one at a time. The issue would be, if I’ve got a .22, a .38 and a .45, and a .357 and a 9 MM, I get a permit and pass a test that qualifies me with each weapon, through the same procedure that passed in the 1995 legislation. A permit for more than two guns, it doesn’t mean I’m going to be carrying more than two guns, it only means that I can have a permit or any citizen in Nevada who qualifies, can have a permit for multiple handguns. They still might not carry any of them at all. I want to remind you that ten years ago, there were over 4000 handguns a month being purchased in Nevada. That number has risen. A lot of people were carrying guns. And that is why, finally, in 1995, the State passed the concealed carry weapon bill. A lot of people were carrying, so they came in with compliance. This just expands that provision to more than just one style of gun. So you can have three pair of glasses, you can have three guns. It’s really simple.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I appreciate that explanation, but nothing in this piece of legislation prevents you from carrying as many guns as you wish, at any one time. So, for the purposes of simplicity, I think we have to be forthright in recognizing that this does not prevent a person from carrying three guns or three pairs of eyeglasses. I guess it comes down to it’s no longer a Constitutional debate over a person’s right to have a gun. I’m not debating that issue. I’m debating, “How many do you really need?” This is a very serious matter. As a teacher, how do I explain to my kids that we do not want people to do the wrong thing and to act rashly. If you are carrying one or more guns on yourself, at one time, you might have the opportunity to, unfortunately, act in a rash manner. I understand about permitting, I understand about the process of being allowed to do so. But nothing in here protects.
Assemblyman Hettrick:
Thank you, Mr. Speaker. I rise in support of SB 172. I would remind the body that the people who are impacted by this law are the legal citizens who get permits. The reason they have a permit is because they want to abide by the law. The people who are breaking the law and the people who are at risk are the people who carry without a permit. Nothing in any law stops them from carrying one or a hundred. This is about legal people who have a reason to have a permit, who have tested and complied with all the requirements of the federal law and the state law. This is simply a convenience because it is inconvenient at certain times and certain places to carry certain types of firearms. I don’t believe any permitee, in general, carries two weapons or more. They do not have a reason to do that. The reason is for self-protection or some other reason of personal concern. This merely makes in convenient to abide by the law. That is what this is about, so I urge your support.
Assemblyman Arberry:
Thank you, Mr. Speaker. To you and through you, my question to the Chair of Judiciary is, how will we be able to stop trafficking of the guns? My concern is, and I’m living proof, that I have a permit and a concealed weapons permit down in Las Vegas, in Clark County, and I came to Reno and purchased a Baretta without anything. So, from this legislation, how will it stop people from trafficking? I only have one permit and I did not have a permit for the other gun.
Assemblyman Anderson:
Thank you, Mr. Speaker. Let me try to respond to my colleague. It is my understanding that in Clark County, the practice that they have always used, which is somewhat different than the rest of the State, is that the particular weapon has to be registered where you take the concealed weapons course. In the rest of the State, that is not the case. Your permit to carry is for a particular weapon. So, that particular weapon and that particular weapon only, if you are carrying it concealed, applies. You can purchase a weapon and carry it on the seat of the car next to you. That is not a concealed weapon. You don’t have to get a “concealed weapon carry” to carry a gun on a holster, providing it’s not behind your coat. That being the case, there is a small difference between jurisdictions relative to the way sheriffs have interpreted and utilized this particular statute. As the Speaker is much more knowledgeable in this area than I, if he wants to enlighten the Body, I’m sure that his knowledge is much more specific to the weaponry question. Indeed, you could carry very easily three weapons on your person. In testimony in front of the committee, the purpose of the bill was clearly because some people bringing weapons in and out often have to carry more than three weapons. Well, I guess it’s kind of like you can carry as much as you think you can physically carry. I can carry as much as I think I can carry, but my doctor disagrees with me. It’s that kind of question.
Assemblyman Goldwater:
Thank you, Mr. Speaker. To you, and through you, to the advocate for this bill. I suppose it’s the chairman of Judiciary or the gentleman from Gardnerville, whichever. We’ve had some instances in Las Vegas, several, which have touched us personally. The issue of Zane Floyd, when he shot up Albertson’s—he was a law-abiding citizen carrying several weapons on him that were all permitted, I believe. He walks down the street to his local supermarket and starts shooting. With the passage of SB 172, were someone to stop him on the street on his way there and say “Do you have a permit for all these?” And he would have said, “Yes, here it is.” Would the passage of this bill mean he would be able to proceed to his destination and achieve what he wanted to achieve?
Assemblyman Anderson:
To my colleague from Assembly District No. 10, I won’t swear that the gentleman in question had a concealed weapon carry permit. I am under the impression that he did not because of testimony that was given in the Assembly Judiciary Committee that no concealed weapon carrier had yet to be charged in the State with a crime. So, based on that, I would say that the gentleman was not. However, currently, your right to own a weapon is not any different than it has always been. That statute says that in the State of Nevada, if you have a handgun and want to carry it, put it in the front seat of the car with you, you can carry every weapon that you own there as long as it’s not concealed. A concealed weapon is the argument that, in effect, has been the argument for some time. If I were wearing a holstered weapon, and I was wearing a long, duster type coat that would cover it, is it a concealed weapon or an open-holstered weapon? For an open-holstered weapon, I would not need a “concealed carry” permit. If you were like the Speaker, who carries those shoulder holsters, then you would have to have a concealed weapon permit. If I had carried one in a boot, I would have to have a concealed weapon permit. It is quite conceivable for someone to be carrying one at the waist, one at the shoulder, and one in the boot without too much trouble. I don’t think this is going to change someone bringing their howitzer, bazooka, or machine gun with them, which is tragic. I’m not trying to make light of it. I don’t think it’s affecting you one way or the other. That guy will still be able to do what he wants to do. That deranged person will never be stopped by a piece of paper.
Assemblyman Collins:
Thank you, Mr. Speaker. A couple of points difference between a concealed weapon versus a legally permitted concealed weapon. A simple analogy would be cars. Cars kill. They have license plates, which we have discussed for a long time; it’s a good analogy because we’re all familiar with them. Currently, under the concealed weapon permit law an individual can have two different weapons. It’s like saying you can only have two cars. Some people have three cars or vehicles. Under this law now, you can have three permits. It means you can own three guns you can conceal, or more. It’s that simple. You might have five vehicles; you put a license plate and registration on each one of them. You buy five guns you want to carry as concealed weapons. You have a permitted card, you’re now allowed to have that. I want to let this body know, clearly, that the Nevada Police Officer’s Association, the Nevada Sheriff’s Association and the Nevada District Attorney’s Association have all spoken and supported this legislation because they believe it is fair and reasonable and that they can enforce it and handle it. It’s a legal mechanism to allow and bring more people into compliance. It’s, very simply, for the citizens. The nut down at Albertson’s might have had concealed weapons. I don’t believe he had a permit as was stated. There is no one in Nevada, to this date, that has broken the weapons law that had a concealed weapons permit in the State of Nevada.
Assemblyman Arberry:
Thank you, Mr. Speaker. This discussion has gone to a totally new level of what’s going to happen here. I need to take it to that level. The main reason is that this body is looking at passing a law, based on the chairman from Judiciary, saying that now you can have as many guns in your vehicle as you want. When this gets to certain communities it’s going to be a totally different piece of legislation. It’s going to be where you find a young black man rolling down the street in his car and he’s got five guns sitting on the seat. They are not going to ask him for a piece of paper. They are going to shoot first and ask questions later because they are going to think it’s a gang war going on. Now, hear me out. Right now you have people who are afraid to reach for their wallet. People are afraid to do anything. Now, you are going to tell me we are going to allow someone to have as many guns as they want, in their vehicle, and then nothing is going to happen. It’s not going to translate like that when you get down to the patrol officers. It’s going to be different. I’m afraid, Mr. Speaker, we’re taking this to a different level, even though we are trying to pass good legislation. It’s going to change when we get to the inner city. We will see it and deal with the brunt of it.
Assemblyman Claborn:
Thank you, Mr. Speaker. I rise to support of SB 172. Just to put a little light on the subject, to buy a handgun, that’s all Federal. You cannot go down to buy a handgun unless you are registered. They do have to be registered. You can’t buy a handgun, legally, without a three-day wait. The Federal Government governs it all. As far as carrying all the weapons in your automobile, you can do that today. You’ve been able to do that for 100 years; as long as they are in plain sight. So we are not doing anything new here. Thank you, Mr. Speaker.
Assemblyman Hettrick:
Thank you, Mr. Speaker, for recognizing me a second time. My colleague just addressed much of what I wanted to say. I think the point needs to be here that to carry a weapon of any kind: handgun, rifle, shotgun, you can carry a hundred of them in your car today. This bill has nothing to do with that. Absolutely nothing. This bill has no impact on that whatsoever. In terms of buying a weapon, you have to go through a Brady background check. This won’t impact trafficking or illegal trade in guns or anything else. This bill has nothing to do with that. This bill merely says that an individual who has a permit may have more than two weapons listed on the permit. That’s all this does. It’s not a big deal. It simply says that it may be more convenient at one time or another to carry a different weapon for which you are permitted and have tested. It allows you to carry a different firearm. That’s all it does. We are trying to make something out of this bill that it is not. It is merely a convenience for law-abiding citizens. It has no impact on 99 percent of what has been brought up here as a negative in regard to this bill. Thank you, Mr. Speaker.
Assemblyman Anderson moved that Senate Bill No. 172 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Anderson
Motion lost on a division of the House.
Roll call on Senate Bill No. 172:
Yeas—32.
Nays—Arberry, Bache, Chowning, Freeman, Giunchigliani, McClain, Parnell, Price—8.
Excused—Tiffany, Williams—2.
Senate Bill No. 172 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 14, 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. 42.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 43.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 42.
Assemblyman Oceguera moved the adoption of the resolution.
Remarks by Assemblymen Oceguera, Anderson and Carpenter.
Assemblyman Parks requested that the following remarks be entered in the Journal.
Assemblyman Oceguera:
Thank you, Mr. Speaker. It is ironic that I was asked to present this concurrent resolution because just last night I signed up for my summer law school classes and signed up for Alternate Dispute Resolution. I think the legal community is moving more toward this area. The law school is certainly recognizing that it is a way to save money and save the pain and suffering of litigation. As the resolution states mediation allows for alternatives to the contentious litigation and also allows for an impartial individual to hear disputes. Many, many cases are resolved through mediation. On several occasions, as the secretary treasurer of my Local, I used mediation and arbitration, kept the cost down, and quickly resolved the issues. Mediation can also be used in several forms, from business to family. I also have the experience of doing mediation with families regarding parenting and property issues at the Family Law Clinic. Mediation makes the process much more cooperative without the competitiveness.
Assemblyman Anderson:
Thank you, Mr. Speaker. I didn’t think my colleague was going to allow the rest of us to speak on such a worthy resolution. I rise in support of SCR 42, having seen the work of this particular group and having reviewed the documents they must submit to this legislative body. The lead work the resolution group has done in Clark County has been very, very helpful in terms of trying to clear the courts and speed up the process so that there are fair and equitable hearings. I think mediation holds great hope for a litigious society to solve problems. What we have done here in the State is an important step and an important part of our process. I salute the people involved and stand in support of the resolution, even though our junior colleague did not feel it was necessary for any of the rest of us to speak on the resolution.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I rise in support of SCR 42. It was through the great help of a very experienced mediator during a recent resolution of the issues regarding the South Canyon Road that we were able to bring a very contentious issue to an end. I really do appreciate mediation and know first hand that it does work.
Resolution adopted unanimously.
Senate Concurrent Resolution No. 43.
Assemblyman Parks moved the adoption of the resolution.
Remarks by Assemblymen Parks, Nolan, Mortenson, Giunchigliani and Berman.
Assemblyman Mortenson requested that the following remarks be entered in the Journal.
Assemblyman Parks:
Thank you, Mr. Speaker. It’s my privilege today to speak in support SCR 43. As the resolution indicates there has been considerable effort made toward the development of a state-of-the-art performing arts center for southern Nevada where world class entertainment may be offered. The proposed performance arts center will be a joint public-private partnership venture. Grant funding will be sought along with contributions from a local foundation.
If you were to travel to any major metropolitan city across the country that had population equivalent to southern Nevada, you would find that each and every one of those cities would have a major quality facility for the performance of major operas, symphonies and ballets. This effort in front of us is to build a facility at least comparable to any that any other small and medium-sized city would have. This would be a multi-purpose facility that would include a variety of different theaters, all in one complex, that would be specific to the type of performance that is being performed. I urge the body adopt this resolution.
Assemblyman Nolan:
Thank you, Mr. Speaker. I rise in support SCR 43. For those of you who have visited my office before, one of my most prized possessions is a picture hanging on the wall of myself and Luciano Pavarotti, which was taken about 10 years ago when he first visited Las Vegas. I’ll never forget the presentation he gave. He just thrilled audiences in that facility. He performed at the Thomas and Mack Center. At one point during his performance when he was singing a very high note, the building began to shake. Everyone kind of looked like, “Geez, this guy is really knocking the wind out of this building.” Suddenly, even Luciano Pavarotti stopped to see what was shaking the building and, in fact, it was a 727 flying over the Thomas and Mack Center. I think we have come a long way with the help of the gaming and entertainment industry in providing better facilities. I think the promotion and development of this type of performing art facility in Nevada would bring on a whole new cultural facet to the State and benefit both the citizens and our visitors. I would urge our body’s support of this resolution. Thank you, Mr. Speaker.
Assemblyman Mortenson:
Thank you, Mr. Speaker. I, also, rise in support of this resolution. For about seven years, we have had a group called the Las Vegas Performing Arts Center Incorporated, which has been trying to find a suitable venue for a performing arts center. There is a perception that there are two competing groups in the south, trying to build a performing arts center. I would like to not call them competing. I think we are working together. They are trying to do it one way, we are trying to do it another way. I think when the first truckload of concrete is poured, the two groups will come together and support one. I would like to say that our group has just signed a 99-year lease for $1 a year for many, many acres of property in Green Valley, with Richard McDonald. That hasn’t even come out in the papers yet. That will be a release sometime, a few weeks from now. That is our progress. I think the other group is equally ahead in their progress. I say it all boils down to who pours the first truckload of concrete. Thank you, Mr. Speaker.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I, too, rise in support of SCR 43. I would point out to you, as my colleague also has noted, we both have been on the same side of supporting the performance centers. I happen to believe it should be in a downtown location because I think that is where the core of many of our local performing arts are located. It’s where the people have access and where the public can actually go. It brings the whole group together. We will fight about that issue later on down the road. I do think this resolution at least recognizes the fact that funding is going to be necessary, but at this point, this resolution is not asking for anything. I do believe both groups are very close to moving forward with some kind of design. I hope, at some point, we deal with that issue some time this session.
Assemblywoman Berman:
Thank you, Mr. Speaker. I rise in support of SCR 43. I’ve been working toward this goal with a lot of very hard working people, for many, many years. I want to salute them all for never giving up their vision of having this center made. Whatever group gets to do it I hope we can all work together and get this to be a spectacular place, because Las Vegas is spectacular and we need to show off our spectacular resources other than the strip properties. Thank you.
Resolution adopted unanimously.
SECOND READING AND AMENDMENT
Assembly Joint Resolution No. 11.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 721.
Amend the resolution, pages 1 and 2, by deleting lines 1 through 18 on page 1 and lines 1 through 19 on page 2, and inserting:
“Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 24 of article 4 of the Constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 24. 1. [Except as otherwise provided in subsection 2, no lottery may be authorized by this State, nor may lottery tickets be sold.]The legislature may authorize a lottery to be operated by the State of Nevada. If the legislature authorizes such a lottery, the legislature shall, by law:
(a) Determine the appropriate manner of operation for the lottery.
(b) Account separately for the proceeds of the lottery for expenditure in the same manner as other noncontinuing sources of revenue.
(c) Provide by appropriation for the disbursement of the proceeds of the lottery, less expenses directly related to the operation of the lottery, only for programs and services that enhance:
(1) The public education of children within this state.
(2) The health and welfare of senior citizens within this state.
(d) Ensure that the proceeds from the lottery, other than expenses directly related to the operation of the lottery, may only be used to supplement and not supplant money that the state would otherwise have expended for the programs and services described in paragraph (c).
2. The [State and the] political subdivisions [thereof] of this state shall not operate a lottery. Except as otherwise provided in subsection 3, the legislature shall not authorize the operation of any private lottery.
3. The legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this state. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The legislature may provide by law for the regulation of such lotteries.”.
Amend the resolution, page 1, by adding a preamble, immediately preceding the resolving clause, to read as follows:
“Whereas, A society is judged by the manner in which it treats its most vulnerable citizens; and
Whereas, The children of the State of Nevada are the future of this state and the public education of those children is vitally important to the future success of this state; and
Whereas, The system of public education extending from kindergarten through grade 12 is often not funded sufficiently; and
Whereas, The senior citizens of this state deserve continuing support into their golden years because of the service and sacrifice that they have extended on behalf of this state; and
Whereas, The cost of providing adequate health care to senior citizens has been escalating rapidly in recent years and, as a result, many senior citizens do not have access to adequate resources of health care; and
Whereas, Proceeds from a lottery may not be sufficiently reliable or stable to rely upon such proceeds to pay for programs that benefit children and senior citizens; and
Whereas, The legislature will determine how best to apply proceeds from a lottery to benefit children and senior citizens by accounting for such proceeds separately and by using such proceeds to supplement and enhance existing, permanently-funded programs; now, therefore, be it”.
Amend the title of the resolution to read as follows:
“ASSEMBLY JOINT RESOLUTION¾Proposing to amend the Constitution of the State of Nevada to allow the legislature to authorize this state to operate a lottery for the support of the public education of children and for the support of the health and welfare of senior citizens.”.
Amend the summary of the resolution to read as follows:
“SUMMARY¾Proposes to amend Nevada Constitution to allow legislature to authorize state to operate lottery for support of public education of children and for support of health and welfare of senior citizens. (BDR C-1200)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Senate Bill No. 200.
Bill read third time.
Assemblyman Goldwater moved that Senate Bill No. 200 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Goldwater.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 201 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 225.
Bill read third time.
Remarks by Assemblyman Freeman.
Roll call on Senate Bill No. 225:
Yeas—40.
Nays—None.
Excused—Tiffany, Williams—2.
Senate Bill No. 225 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 272.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 272:
Yeas—40.
Nays—None.
Excused—Tiffany, Williams—2.
Senate Bill No. 272 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 394.
Bill read third time.
Remarks by Assemblymen Dini and Anderson.
Roll call on Senate Bill No. 394:
Yeas—40.
Nays—None.
Excused—Tiffany, Williams—2.
Senate Bill No. 394 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 487.
Bill read third time.
Remarks by Assemblymen Bache and Buckley.
Assemblyman Bache moved that Senate Bill No. 487 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
Senate Bill No. 517.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Senate Bill No. 517:
Yeas—40.
Nays—None.
Excused—Tiffany, Williams—2.
Senate Bill No. 517 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 541.
Bill read third time.
Remarks by Assemblymen Parnell and Giunchigliani.
Assemblywoman Giunchigliani moved that Senate Bill No. 541 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
Senate Bill No. 555.
Bill read third time.
Remarks by Assemblymen Bache, Chowning and Dini.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Roll call on Senate Bill No. 555:
Yeas—40.
Nays—None.
Excused—Tiffany, Williams—2.
Senate Bill No. 555 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 1, 155; Assembly Concurrent Resolutions Nos. 7, 32, 33; Senate Bills Nos. 15, 32, 74, 114, 155, 159, 161, 233, 248, 304, 318, 323, 350, 373, 374, 414, 470, 501, 512; Senate Joint Resolution No. 2; Senate Concurrent Resolutions Nos. 37, 38, 39, 40, 41.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to MarQuis Vitto, Kirk Vitto and Joni Gonzales
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Fran Inman and Monique Ammons.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Strang.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Danielle Dreitzer.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Kim Nunez.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Sally de Lipkau.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Shirley Rhodes.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Doris Maciel.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Charlene Meenan.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Sue Wedde, Jean Peyton, Trip Barthel, Charlotte Kiffer, Deborah R. Roberts and Phil Bushard.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Forbuss, Scott McTaggert, Don Snyder and Vanessa Cruz.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Andrew Parnell, Kevin Liston, McKenzie Groth, Lucas Hahne, Maria Peregrina, Yessenia Montes, Lucero Castillo, Michelle Kop, Kellie Hickenbottom, Lydia Peri, Alissa Watson, Savina Brown, Tessa Richards, Erica McCraw, Alfredo Hernandez, Mike Atkinson, Daine Eichenberger, Mike Arnold, Drew Heller, Zack Werner, Tyler Walker, Richone Cancimilla, Chandni Karia, Kim O’Connell, Ian Anrig, Todd Banko, Corinne Callahan, Katie Baxter, Mike Katelnikoff, Betty Scroggin, Jane Starrett, Nadine Branco, Lesly Aguilar, Josilyn Arellano, Corde Armstrong, Mario Avila, Dustin Beauford, Daniel Davis, Wes Ducoing, Danielle Eyeman, Josh Hanah, Aaron Holmes, Nathan Horstman, David Illig, Bobby Jones, Cassie Laberee, Chris Mitchell, Danielle Nelson, Lara Noad, Kevin Peterson, Deanna Prebble, Jeremiah Schenzel, Zack Tersteege, Tiffany Trotter, Chris White, Ashley Wilke and Brittany York.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Damrow and Bruce Damrow.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Ian Smith.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, May 15, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 1:00 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon