THE ONE HUNDRED AND SEVENTEENTH DAY
Carson City (Friday), June 1, 2001
Assembly called to order at 1:07 p.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Bruce Henderson.
Father, I thank You for the books of Your law displayed at the entrances of this meeting place. A guest here this week asked, “If we followed the original ten laws in those books, would we really need the hundreds of laws that are made here?” I didn’t have an answer. Thanks for giving us the responsibility of passing laws here, but help us to respect the Original ones too. I pray in the Name of all that is good and right and holy.
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 Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 570, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 478, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Senate Bills Nos. 431, 432, 435, 436, 437, 438, 439, 440, 441, 448, 450, 455, 456, 457, 461, 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 31, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 246, Senate Amendment No. 965, and requests a conference, and appointed Senators O'Donnell, Carlton and Jacobsen as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 483, Senate Amendment Nos. 769, 1112, and requests a conference, and appointed Senators Porter, Care and O'Donnell as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 500, Senate Amendment No. 911, and requests a conference, and appointed Senators Washington, McGinness and Wiener as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 15.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1047 to Senate Bill No. 63; Assembly Amendment No. 775 to Senate Bill No. 150; Assembly Amendment No. 918 to Senate Bill No. 265; Assembly Amendment No. 915 to Senate Bill No. 395; Assembly Amendment No. 774 to Senate Bill No. 401; Assembly Amendment No. 862 to Senate Bill No. 466; Assembly Amendment Nos. 697, 787, 1037 to Senate Bill No. 487; Assembly Amendment No. 917 to Senate Bill No. 553; Assembly Amendment No. 749 to Senate Bill No. 568.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 824 to Senate Bill No. 202; Assembly Amendment No. 859 to Senate Bill No. 489; Assembly Amendment No. 1011 to Senate Bill No. 524; Assembly Amendment Nos. 863, 1061 to Senate Bill No. 565.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Donnell, Porter and Titus as a first Conference Committee concerning Senate Bill No. 554.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 51.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, June 1, 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. 52.
Mary Jo Mongelli
Assistant Secretary of the Senate
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Anderson, Nolan and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 54.
Mr. Speaker appointed Assemblymen McClain, Claborn and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 246.
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Waiver
A Waiver requested by Senator William J. Raggio.
For: Assembly Bill No. 578.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following conditions:
May only be passed out of second house on or before June 3, 2001.
Has been granted effective: May 31, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
A Waiver requested by Senator William J. Raggio.
For: Assembly Bill No. 661.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following conditions:
May only be passed out of second house on or before June 4, 2001.
Has been granted effective: May 31, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
Senate Concurrent Resolution No. 51.
Assemblywoman Smith moved the adoption of the resolution.
Remarks by Assemblymen Smith and Nolan.
Resolution adopted.
Assemblywoman Buckley moved that for the balance of the session, that all rules be suspended, reading so far had considered second reading, rules further suspended, all bills and joint resolutions reported out of committee without amendments declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Assemblywoman Buckley.
Motion carried unanimously.
Assemblywoman Buckley moved that for the balance of the session, all bills and joint resolutions reported out of committee with amendments be immediately placed on the appropriate reading file.
Motion carried unanimously.
Assemblywoman Buckley moved that for the balance of the session, all rules be suspended and that all bills and joint resolutions passed be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblywoman Buckley moved that Standing Rule No. 92, which pertains to notices of bills, topics and public hearing, be suspended.
Remarks by Assemblywoman Buckley.
Motion carried unanimously.
Assemblywoman Buckley moved that for the balance of the session, the reading of the history on all bills and joint resolutions on Second Reading and General File be dispensed with.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 460 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Buckley moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 570.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 1115.
Amend sec. 4, page 3, line 25, by deleting “10” and inserting “[10] 5”.
Amend sec. 4, page 3, line 32, by deleting “10” and inserting “[10] 5”.
Amend sec. 4, page 3, line 35, by deleting “Measures” and inserting:
“Except as otherwise provided in
NRS 218.635, measures”.
Amend the bill as a whole by renumbering sections 14 through 16 as sections 15 through 17 and adding a new section designated sec. 14, following sec. 13, to read as follows:
“Sec. 14. NRS 284.3775 is hereby amended to read as follows:
284.3775 1. Except as otherwise provided in this section, employees of the supreme court, employees in the unclassified service of the executive branch of the government of the State of Nevada, or employees of the legislative branch of the government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the state on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.
2. Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.
3. Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:
(a) Professionally qualified persons; or
(b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.
A person may
transfer to a class described in paragraph (a) or (b) if that class is provided
for pursuant to subsection 2 of NRS 284.155.
4. The restrictions provided in subsections 2 and 3 do not apply to an employee of the supreme court, an employee in the unclassified service of the executive branch of government or an employee of the legislative branch of government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to his current position or to a position he previously held in the classified service.
5. An employee in the classified service of the state who is granted leave without pay to accept a position in the legislative branch of government during a regular or special session:
(a) Is entitled to be restored to his previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if he had not taken the leave.
(b) Is eligible to fill vacancies in positions within the classified service to the extent that he would be eligible if he was not on leave from his position in the classified service.
6. An employee of the legislative branch of the government of the State of Nevada who is employed at the conclusion of a regular session of the legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the state may transfer to such a position on or before November 1 following session notwithstanding the termination of his employment with the legislative branch of government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.”.
Amend the bill as a whole renumbering sec. 17 as sec. 19 and adding a new section, designated sec. 18, following sec. 16, to read as follows:
“Sec. 18. 1. The legislative commission shall review each legislative committee created by statute to determine whether:
(a) There is a need to continue the existence of the committee;
(b) The committee should be eliminated; or
(c) The committee should be scheduled for elimination at a future date.
The legislative commission shall
conduct the review without appointing a subcommittee.
2. The legislative commission shall report the results of its review and any recommendations for legislation to the 72nd session of the Nevada legislature.”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
general file and third reading
Assembly Bill No. 21.
Bill read third time.
Remarks by Assemblymen Hettrick, Cegavske and Carpenter.
Conflict of interest declared by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 21:
Yeas—41.
Nays—None.
Not Voting—Cegavske.
Assembly Bill No. 21 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 597.
Bill read third time.
Roll call on Assembly Bill No. 597:
Yeas—42.
Nays—None.
Assembly Bill No. 597 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 139.
Bill read third time.
Roll call on Senate Bill No. 139:
Yeas—42.
Nays—None.
Senate Bill No. 139 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 194.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 194:
Yeas—42.
Nays—None.
Senate Bill No. 194 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 207.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Senate Bill No. 207:
Yeas—42.
Nays—None.
Senate Bill No. 207 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 208.
Bill read third time.
Remarks by Assemblywomen Gibbons and Freeman.
Roll call on Senate Bill No. 208:
Yeas—42.
Nays—None.
Senate Bill No. 208 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 321.
Bill read third time.
Roll call on Senate Bill No. 321:
Yeas—42.
Nays—None.
Senate Bill No. 321 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 402.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Senate Bill No. 402:
Yeas—42.
Nays—None.
Senate Bill No. 402 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 531.
Bill read third time.
Roll call on Senate Bill No. 531:
Yeas—42.
Nays—None.
Senate Bill No. 531 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 574.
Bill read third time.
Remarks by Assemblywoman Angle.
Roll call on Senate Bill No. 574:
Yeas—42.
Nays—None.
Senate Bill No. 574 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 460.
Bill read third time.
Remarks by Assemblymen Parks, Brower and Buckley.
Roll call on Assembly Bill No. 460:
Yeas—41.
Nays—Collins.
Assembly Bill No. 460 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 431.
Bill read third time.
Roll call on Senate Bill No. 431:
Yeas—42.
Nays—None.
Senate Bill No. 431 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 432.
Bill read third time.
Roll call on Senate Bill No. 432:
Yeas—42.
Nays—None.
Senate Bill No. 432 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 435.
Bill read third time.
Roll call on Senate Bill No. 435:
Yeas—42.
Nays—None.
Senate Bill No. 435 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 436.
Bill read third time.
Roll call on Senate Bill No. 436:
Yeas—42.
Nays—None.
Senate Bill No. 436 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Anderson, Brower and Williams as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 500.
Consideration of Senate Amendments
Assembly Bill No. 94.
The following Senate amendment was read:
Amendment No. 1064.
Amend sec. 1.5, page 2, by deleting line 31 and inserting:
“3. Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the state treasurer for credit to the account to assist persons formerly in foster care created pursuant to section 14.5 of this act.
4. Except as otherwise provided in subsection [3,] 5, a county recorder”.
Amend sec. 1.5, page 2, line 43, by deleting “4.” and inserting “5.”.
Amend sec. 1.5, page 3, line 1, by deleting “5.” and inserting “6.”.
Amend sec. 1.5, page 3, by deleting line 4 and inserting:
“[5.] 7. Except as otherwise provided in subsection 2 or 3 or by an”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500 150.00
In all other civil actions 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 45.00
If the sum claimed exceeds $2,500 but does not exceed $5,000 65.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions12.00
For every additional defendant, appearing separately 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention 6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court 6.00
(g) For filing a notice of appeal, and appeal bonds 12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 12.00
(i) For preparation and transmittal of transcript and papers on appeal 12.00
(j) For celebrating a marriage and returning the certificate to the county recorder [35.00] $50.00
(k) For entering judgment by confession 6.00
(l) For preparing any copy of any record, proceeding or paper, for each page .30
(m) For each certificate of the clerk, under the seal of the court 3.00
(n) For searching records or files in his office, for each year 1.00
(o) For filing and acting upon each bail or property bond 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer [half] :
(a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the account for aid for victims of domestic violence in the state general fund.
(b) Half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.”.
Amend sec. 11, page 9, between lines 41 and 42, by inserting:
“3. A county recorder who records a parcel map pursuant to this section shall, within 7 working days after he records the parcel map, provide to the county assessor at no charge:
(a) A duplicate copy of the parcel map and any supporting documents; or
(b) Access to the digital parcel map and any digital supporting documents.”.
Amend sec. 12, page 11, between lines 46 and 47, by inserting:
“12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents.”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. Chapter 423 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account to assist persons formerly in foster care is hereby created in the state general fund.
2. The account must be administered by the administrator.
3. The money in the account must be used to assist persons who attained the age of 18 years while children in foster care in this state to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:
(a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:
(1) Job training;
(2) Housing assistance; and
(3) Medical insurance;
(b) Granted to nonprofit community organizations; or
(c) Expended to provide matching money required as a condition of any federal grant.
4. A request for the disbursement of money from the account pursuant to paragraph (a) of subsection 3 must be made to the division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.
5. The division shall adopt such regulations as necessary for the administration of this section.
6. Money in the account at the end of any fiscal year remains in the account and does not revert to the state general fund.”.
Amend sec. 15, page 13, between lines 11 and 12, by inserting:
“3. A county recorder who records a record of survey pursuant to this section shall, within 7 working days after he records the record of survey, provide to the county assessor at no charge:
(a) A duplicate copy of the record of survey and any supporting documents; or
(b) Access to the digital record of survey and any digital supporting documents.”.
Amend the title of the bill to read as follows:
“AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the state general fund to assist persons formerly in foster care; and providing other matters properly relating thereto.”.
Assemblyman Bache moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 94.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered transmitted to the Senate.
Recede From Assembly Amendments
Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 489, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Bache.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Bache, Berman and Mortenson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 489.
Recede From Assembly Amendments
Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 202, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Bache.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Bache, Humke and Mortenson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 202.
Recede From Assembly Amendments
Assemblywoman Chowning moved that the Assembly do not recede from its action on Senate Bill No. 524, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblywoman Chowning.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Collins, Lee and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 524.
Consideration of Senate Amendments
Assembly Bill No. 618.
The following Senate amendment was read:
Amendment No. 1153.
Amend the bill as a whole by deleting sec. 79 and inserting:
“Sec. 79. (Deleted by amendment.)”.
Amend sec. 96, page 36, by deleting lines 19 through 22 and inserting:
“Sec. 96. 1. A producer of insurance shall not act as an agent unless he is appointed as an agent by the insurer. A producer who is not acting as an agent is a broker who does not need to be appointed.”.
Amend sec. 96, page 36, by deleting lines 37 through 42 and inserting:
“5. A broker shall not place insurance, other than life insurance, health insurance, annuity contracts or coverage written pursuant to the Surplus Lines Law set forth in chapter 685A of NRS, that covers property or risks within this state unless the broker does so with a licensed agent of an authorized insurer.
6. A producer who is acting as an agent may also act as and be a broker with regard to insurers for which he is not acting as an agent. The sole relationship between an insurer and a broker who is appointed as an agent by the insurer as to any transactions arising during the period in which he is appointed as an agent is that of insurer and agent, and not insurer and broker.
7. As used in this section:
(a) “Agent” means a producer of insurance who is”.
Amend sec. 96, page 36, between lines 44 and 45, by inserting:
“(b) “Broker” means a producer of insurance who:
(1) Is not an agent of an insurer;
(2) Solicits, negotiates or procures insurance on behalf of an insured or prospective insured; and
(3) Does not have the power, by his own actions as a broker, to obligate an insurer upon any risk or with reference to any transaction of insurance.”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 618.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Recede From Assembly Amendments
Assemblyman Williams moved that the Assembly do not recede from its action on Senate Bill No. 399, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Williams.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Smith, Manendo and Chowning as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 399.
general file and third reading
Senate Bill No. 437.
Bill read third time.
Roll call on Senate Bill No. 437:
Yeas—42.
Nays—None.
Senate Bill No. 437 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 438.
Bill read third time.
Roll call on Senate Bill No. 438:
Yeas—42.
Nays—None.
Senate Bill No. 438 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 439.
Bill read third time.
Roll call on Senate Bill No. 439:
Yeas—42.
Nays—None.
Senate Bill No. 439 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 440.
Bill read third time.
Roll call on Senate Bill No. 440:
Yeas—42.
Nays—None.
Senate Bill No. 440 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 441.
Bill read third time.
Roll call on Senate Bill No. 441:
Yeas—42.
Nays—None.
Senate Bill No. 441 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 448.
Bill read third time.
Roll call on Senate Bill No. 448:
Yeas—42.
Nays—None.
Senate Bill No. 448 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 450.
Bill read third time.
Roll call on Senate Bill No. 450:
Yeas—42.
Nays—None.
Senate Bill No. 450 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 455.
Bill read third time.
Roll call on Senate Bill No. 455:
Yeas—42.
Nays—None.
Senate Bill No. 455 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 456.
Bill read third time.
Roll call on Senate Bill No. 456:
Yeas—42.
Nays—None.
Senate Bill No. 456 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 457.
Bill read third time.
Roll call on Senate Bill No. 457:
Yeas—42.
Nays—None.
Senate Bill No. 457 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 461.
Bill read third time.
Roll call on Senate Bill No. 461:
Yeas—42.
Nays—None.
Senate Bill No. 461 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 478.
Bill read third time.
Roll call on Senate Bill No. 478:
Yeas—42.
Nays—None.
Senate Bill No. 478 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 515 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Assembly Bill No. 515.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1182.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $1,000,000 for assistance in the operation of HIV/AIDS clinics in Reno and Las Vegas.
2. The Department shall initially divide the amount appropriated by subsection 1 in equal portions and allocate:
(a) One-half for expenditure in the southern region of this state by the Wellness Center, Enterprise Health Care Center and any other health care facility established by the University Medical Center; and
(b) One-half for expenditure in the northern region of this state by the Northern Nevada HIV Outpatient Program, Education and Services Clinic.
Any unused or uncommitted balance
from one region may be transferred by the Department for use in the other
region.
3. The money appropriated by subsection 1 must be used for capital projects, including, without limitation, facilities, equipment, fixtures and furnishings related to health care treatment.”.
Amend the title of the bill, second line, by deleting:
“HIV/AIDS clinics in Reno and Las Vegas;” and inserting:
“certain HIV/AIDS clinics and health care facilities.”.
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 52.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblyman Dini.
Resolution adopted unanimously.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 174, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
general file and third reading
Assembly Bill No. 174.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1180.
Amend section 1, page 1, by deleting lines 3 through 14 and inserting:
“1. A juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.”.
Amend section 1, page 1, line 15, by deleting “3.” and inserting “2.”.
Amend section 1, page 2, line 7, by deleting “4.” and inserting “3.”.
Amend section 1, page 2, by deleting lines 15 through 17 and inserting:
“4. The juvenile court may order the child, or the parent or guardian of the child, to pay a fee of not more than $45 based on the ability of the child or his parent or guardian to pay for the costs associated with the participation of the child in the program of visitation.
5. If a juvenile court establishes a program of visitation pursuant to this section, the juvenile court shall, on or before January 15 of each odd-numbered year, submit to the director of the legislative counsel bureau for transmittal to the legislature a report regarding the effect of the program on the incidence of juvenile crime and the rate of recidivism.”.
Amend sec. 2, page 4, line 39, after “act.” by inserting:
“In determining whether to order a child to participate in such a program, the court shall consider whether the act committed by the child involved the use or threatened use of force or violence against himself or others or demonstrated a disregard for the safety or well-being of himself or others.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend sec. 4, page 5, by deleting lines 34 through 39 and inserting:
“Sec. 3. 1. This section and section 1 of this act become effective on July 1, 2001, for the purposes of establishing programs of visitation, and on October 1, 2001, for all other purposes, and expire by limitation on October 1, 2005.
2. Section 2 of this act becomes effective on October 1, 2001, and expires by limitation on October 1, 2005.”.
Amend the title of the bill to read as follows:
“AN ACT relating to juvenile courts; authorizing a juvenile court to establish a program of visitation to the office of the county coroner; authorizing a juvenile court to order a child who is adjudicated delinquent to participate in such a program of visitation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes juvenile court to establish program of visitation to office of county coroner and to order child adjudicated delinquent to participate in such program. (BDR 5-103)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:25 p.m.
ASSEMBLY IN SESSION
At 5:27 p.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, June 1, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 115, 503, 506, 514, 516, 523, 525, 526, 554, 630; Assembly Joint Resolutions Nos. 3, 5; Assembly Joint Resolution No. 4 of the 70th Session; Senate Bill No. 582.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 511, Amendment No. 1167, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 550, Senate Amendment No. 844, and requests a conference, and appointed Senators Amodei, Wiener and Washington as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 433, 572.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 893 to Senate Bill No. 286.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 87.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 53.
Mary Jo Mongelli
Assistant Secretary of the Senate
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Anderson, Buckley and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 550.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 53.
Assemblyman Bache moved the adoption of the resolution.
Remarks by Assemblyman Bache.
Resolution adopted unanimously.
Assemblyman Bache moved that all rules be suspended and that Senate Concurrent Resolution No. 53 be immediately transmitted to the Senate.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 433.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 572.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 582.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
UNFINISHED BUSINESS
Reports of Conference Committees
Mr. Speaker:
The first Conference Committee concerning Assembly Bill No. 60, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA3, which is attached to and hereby made a part of this report.
|
Jon C. Porter |
Douglas A. Bache |
|
Dina Titus |
David Brown |
|
William R. O’Donnell |
Bonnie L. Parnell |
|
Senate Conference Committee |
Assembly Conference Committee |
Conference Amendment No. CA3.
Amend section 1, page 2, by deleting lines 14 through 16 and inserting:
“4. If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.”.
Amend sec. 2, page 2, line 35, by deleting:
“July 1, 2001.” and inserting:
“January 1, 2003.”.
Amend the title of the bill, third line, after “website;” by inserting:
“providing an exception;”.
Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 60.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Mr. Speaker:
The first Conference Committee concerning Assembly Bill No. 195, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.
|
Mark Amodei |
Sheila Leslie |
|
Randolph J. Townsend |
Debbie Smith |
|
Michael Schneider |
Sandra J. Tiffany |
|
Senate Conference Committee |
Assembly Conference Committee |
Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 195.
Remarks by Assemblywoman Leslie.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblywomen Koivisto, Parnell and Berman as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 195.
Reports of Conference Committees
Mr. Speaker:
The first Conference Committee concerning Senate Bill No. 87, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA1, which is attached to and hereby made a part of this report.
|
Valerie Wiener |
Barbara E. Buckley |
|
Jon C. Porter |
John C. Carpenter |
|
Maurice Washington |
John Oceguera |
|
Senate Conference Committee |
Assembly Conference Committee |
Conference Amendment No. CA1.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be
further punished by a fine of not less than $200, but not more than $1,000. A
term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except
that each period of confinement must be not less than 4 consecutive hours and
must occur at a time when the person is not required to be at his place of
employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be
further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.
6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
[7.] 8. As used in this section:
(a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481 . [; and
(b)] (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.”.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receiving a referral from a court pursuant to subsection 6 of NRS 200.485, an agency which provides protective services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.
2. If an agency which provides protective services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:
(a) Conduct the evaluation or counseling; or
(b) Refer the child to a person that has entered into an agreement with the agency to provide those services.
Sec. 4. The amendatory provisions of sections 1 and 3 of this act do not apply to offenses committed before October 1, 2001.”.
Amend the title of the bill, first line, after “violence;” by inserting:
“providing that the court may refer a child to an agency which provides protective services if the child may need counseling as a result of the commission of a battery which constitutes domestic violence; providing that an agency which provides protective services may conduct an assessment of the child to determine whether a psychological evaluation or counseling is needed by the child;”.
Amend the summary of the bill to read as follows:
Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 87.
Remarks by Assemblywoman Buckley.
Motion carried by a constitutional majority.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 5:39 p.m.
ASSEMBLY IN SESSION
At 5:52 p.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 187, 189, 285, 454, 507, 517, 524, 527, 529, 531, 532, 533, 598, 627; Assembly Concurrent Resolution No. 37; Senate Bills Nos. 63, 150, 247, 265, 395, 401, 466, 487, 553, 568; Senate Concurrent Resolution No. 24.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Rachael Yuill.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Shelba Gamble, Sean Gamble and Bryn Gamble.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Chiquita Simms.
Assemblywoman Buckley moved that the Assembly adjourn until Saturday, June 2, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 5:53 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon