THE NINETY-SIXTH DAY
Carson City(Friday), May 11, 2001
Senate called to order at 11:35 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Washington, who was excused.
Prayer by the Chaplain, Reverend Ruth Hanusa.
Today, we thank You for our mothers, those women who gave birth to and in innumerable ways nurtured and cared for us. And we thank You for their mothers, generations of grandmothers whose presences still linger in our memories.
We also hold before You in our hearts all women who have grieved for children:
dead
taken away
given up
never born
never conceived
We thank and praise You for all who have mothered us:
for parents and family and teachers and mentors;
for foster parents and adoptive parents;
for friends and for strangers who have helped us in our own need.
But most especially we praise, you, our loving God, for the mother love You have shown to us:
You who gave birth to us into new life;
You who nurture and enable us;
You who suffer with us in every pain and fear;
You who shelter us in the palm of Your hand, under the shadow of Your wing.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Finance, to which was re-referred Senate Bill No. 261, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bill No. 264; Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 271, 380, 660, 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 Human Resources and Facilities, to which was referred Assembly Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
Mr. President pro Tempore:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 632, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Mr. President pro Tempore:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 243, 639, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
Mr. President pro Tempore:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 86, 476, 646; Senate Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 9, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 233, 414.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 237.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 204, Amendment No. 676, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 39, 40, 41.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in Senate Amendment No. 574 to Assembly Bill No. 1.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 6.
Resolution read.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 675.
Amend the preamble of the resolution, page 2, line 1, by deleting “567” and inserting “805”.
Amend the preamble of the resolution, page 2, line 3, by deleting “567;” and inserting “805;”.
Amend the preamble of the resolution, page 2, line 5, by deleting “567” and inserting “805”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Resolution ordered reprinted, re-engrossed and to the Resolution File.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 237.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
CONSENT CALENDAR
Senator Raggio requested that Assembly Bills Nos. 130, 160, 384, 634, be taken from the Consent Calendar and placed on the Second Reading File.
SECOND READING AND AMENDMENT
Assembly Bill No. 28.
Bill read second time and ordered to third reading.
Assembly Bill No. 56.
Bill read second time and ordered to third reading.
Assembly Bill No. 59.
Bill read second time and ordered to third reading.
Assembly Bill No. 60.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 658.
Amend section 1, page 2, line 14, by deleting “may” and inserting “shall”.
Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.
Amend the summary of the bill to read as follows:
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 61.
Bill read second time and ordered to third reading.
Assembly Bill No. 96.
Bill read second time and ordered to third reading.
Assembly Bill No. 99.
Bill read second time and ordered to third reading.
Assembly Bill No. 101.
Bill read second time and ordered to third reading.
Assembly Bill No. 180.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 659.
Amend sec. 2, page 2, line 29, by deleting “this qualification” and inserting: “the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 183.
Bill read second time and ordered to third reading.
Assembly Bill No. 200.
Bill read second time and ordered to third reading.
Assembly Bill No. 299.
Bill read second time and ordered to third reading.
Assembly Bill No. 337.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 713.
Amend sec. 3, page 2, line 15, after “violation.” by inserting: “The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.”.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. 1. This section and sections 1, 2 and 4 of this act become effective on July 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Senator Shaffer moved the adoption of the amendment.
Remarks by Senators Shaffer and Coffin.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 455.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 682.
Amend sec. 8, page 2, line 22, by deleting “766.” and inserting: “766, and any similar tax authorized by specific statute.”.
Amend sec. 11, page 2, line 29, by deleting “1562.” and inserting: “1562, and any similar tax authorized by specific statute.”.
Amend sec. 19, page 5, line 11, after “contract” by inserting: “pursuant to chapter 332 or 333 of NRS on or after the effective date of this section”.
Amend sec. 21, page 6, line 20, after “contract” by inserting: “pursuant to chapter 332 or 333 of NRS on or after the effective date of this section”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 481.
Bill read second time and ordered to third reading.
Assembly Bill No. 487.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 660.
Amend sec. 2, page 2, line 16, after “5” by inserting “working”.
Amend sec. 3, page 2, line 42, after the semicolon by inserting “and”.
Amend sec. 3, page 2, line 44, by deleting “candidate; and” and inserting “candidate.”.
Amend sec. 3, page 2, by deleting lines 45 and 46.
Amend sec. 8, page 6, line 25, after “5” by inserting “working”.
Amend sec. 9, page 7, line 21, after the semicolon by inserting “and”.
Amend sec. 9, page 7, line 23, by deleting “candidate; and” and inserting “candidate.”.
Amend sec. 9, page 7, by deleting lines 24 and 25.
Amend the title of the bill by deleting the sixth and seventh lines and inserting: “documents is removed from the ballot and disqualified from his office; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning challenges of qualifications of certain candidates for office. (BDR 24‑586)”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 497.
Bill read second time and ordered to third reading.
Assembly Bill No. 538.
Bill read second time and ordered to third reading.
Assembly Bill No. 549.
Bill read second time and ordered to third reading.
Assembly Bill No. 631.
Bill read second time and ordered to third reading.
Assembly Bill No. 657.
Bill read second time and ordered to third reading.
Assembly Bill No. 663.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 7.
Resolution read second time and ordered to third reading.
Assembly Joint Resolution No. 26 of the 70th Session.
Resolution read second time and ordered to third reading.
Assembly Bill No. 130.
Bill read second time and ordered to third reading.
Assembly Bill No. 160.
Bill read second time and ordered to third reading.
Assembly Bill No. 384.
Bill read second time and ordered to third reading.
Assembly Bill No. 634.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 307.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 655.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sec. 4 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 645C.170 is hereby amended to read as follows:
645C.170 1. The division shall [administer] :
(a) Administer this chapter and may employ legal counsel, investigators and other professional consultants necessary to the discharge of its duties pursuant to this chapter[.] ; and
(b) Within the limits of available money, employ or contract for the services of professional consultants to investigate complaints, conduct audits and perform any other activities necessary to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended.
2. No employee of the division may:
(a) Be employed by or have an interest in any business that prepares appraisals; or
(b) Act as an appraiser, as an agent for an appraiser or as an intern.”.
Amend sec. 4, page 2, by deleting lines 44 and 45 and inserting:
“645C.450 1. The following fees”.
Amend sec. 4, page 3, line 3, by deleting “250” and inserting “[250] 290”.
Amend sec. 4, page 3, line 4, by deleting “350” and inserting “[350] 390”.
Amend sec. 4, page 3, line 5, by deleting “75” and inserting “[75] 115”.
Amend sec. 4, page 3, line 6, by deleting “150” and inserting “[150] 190”.
Amend sec. 4, page 3, by deleting lines 16 through 21 and inserting:
“2. The division shall adopt regulations which establish the fees to be charged and collected by the division for:
(a) The examination for a certificate or license; and
(b) Any additional expenses which are necessary for the”.
Amend the bill as a whole by renumbering sec. 5 as sec. 4 and adding a new section designated sec. 3, following sec. 4, to read as follows:
“Sec. 3. 1. There is hereby appropriated from the state general fund to the real estate division of the department of business and industry to investigate complaints, conduct audits and perform any other activities necessary to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended:
For the fiscal year 2001-2002 $22,000
For the fiscal year 2002-2003 $22,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the title of the bill to read as follows:
“AN ACT relating to appraisers of real estate; requiring the real estate division of the department of business and industry to hire professional consultants to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989; increasing certain fees of the real estate division; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires real estate division of department of business and industry to hire professional consultants to ensure compliance with certain provisions of federal law regarding appraisers of real estate and increases certain fees of real estate division. (BDR 54‑1062)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 320.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 669.
Amend the bill as a whole by renumbering section 1 as sec. 1.7 and adding new sections designated sections 1 and 1.3, following the enacting clause, to read as follows:
“Section 1. NRS 679B.240 is hereby amended to read as follows:
679B.240 To ascertain compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the commissioner may, as often as he deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:
1. Any insurance agent, solicitor, broker, surplus lines broker, general agent, adjuster, insurer representative, bail agent, motor club agent or any other licensee or any other person the commissioner has reason to believe may be acting as or holding himself out as any of the foregoing.
2. Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.
3. Any insurance holding company or other person holding the shares of voting stock or the proxies of policyholders of a domestic insurer, to control the management thereof, as voting trustee or otherwise.
4. Any subsidiary of the insurer.
5. Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.
6. Any independent review organization, as defined in section 4 of this act.
Sec. 1.3. NRS 679B.290 is hereby amended to read as follows:
679B.290 1. Except as otherwise provided in subsection 2:
(a) The expense of examination of an insurer, or of any person referred to in subsection 1, 2 , [or] 5 or 6 of NRS 679B.240, must be borne by the person examined. Such expense includes only the reasonable and proper hotel and travel expenses of the commissioner and his examiners and assistants, including expert assistance, reasonable compensation as to such examiners and assistants and incidental expenses as necessarily incurred in the examination. As to expense and compensation involved in any such examination the commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.
(b) The person examined shall promptly pay to the commissioner the expenses of the examination upon presentation by the commissioner of a reasonably detailed written statement thereof.
2. The commissioner may bill an insurer for the examination of any person referred to in subsection 1 of NRS 679B.240 and shall adopt regulations governing such billings.”.
Amend sec. 6, page 2, by deleting line 12 and inserting:
“(b) Pay the application fee required by the commissioner pursuant to subsection 4.”.
Amend sec. 6, page 2, line 15, by deleting: “a renewal fee of $250.” and inserting: “the renewal fee required by the commissioner pursuant to subsection 4.
4. The commissioner shall charge such fees pursuant to this section as he determines to be sufficient to pay any administrative costs necessary for the certification and renewal of certification of each organization pursuant to this section.”.
Amend sec. 24.5, page 7, line 5, by deleting “shall develop” and inserting: “shall:
(a) Develop”.
Amend sec. 24.5, page 7, by deleting line 7 and inserting: “external reviews;
(b) File a copy of those standards with the commissioner; and
(c) Upon its initial compliance with paragraph (b), pay the commissioner a fee of $50.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 505.
Bill read third time.
Roll call on Senate Bill No. 505:
Yeas—20.
Nays—None.
Excused—Washington.
Senate Bill No. 505 having received a two-thirds majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 560.
Bill read third time.
Roll call on Senate Bill No. 560:
Yeas—20.
Nays—None.
Excused—Washington.
Senate Bill No. 560 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 135, 259, 266, 361, 400, 427, 535, 542, 582, 586; Assembly Joint Resolution No. 12; Assembly Joint Resolution No. 13 of the 70th Session, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 15, 32, 74, 114, 155, 159, 161, 248, 304, 318, 323, 350, 373, 374, 470, 501, 512; Senate Joint Resolution No. 2; Senate Concurrent Resolutions Nos. 37, 38; Assembly Bill No. 1.
REMARKS FROM THE FLOOR
Senator Titus requested that her remarks be entered in the Journal.
I am pleased to announce that Kathleen Fox has been named the New Teacher of the Year by the Clark County School District. Kathleen Fox teaches at Jack Dailey Elementary School. It’s wonderful to have such excellent teachers in our public school system, and we should all thank as well as congratulate her. By the way, Kathleen is the wife of Mitch Fox whom we all know in this building.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Scarselli Elementary School: Daniel Allen, Thomas Asher, Steven Sandborn, Jackson Cudney, Nancy Duarte-Gonzalez, Jon Gilkerson, Skylar Edwards, Ben Embury, Terell Frued McKnight, Eric Porfido, Alex Kallas, Kenny Krull, Krystal Lera, Neil Luzzi, Jordan Ornellas, Garret Over, Kevin Paulsen, Jake Raichle, Jordan Rivera, Rebecca Schweigert, Devyn Weatherbee, Lacee Shupe, Jessica Reeves, Nick Barette, Amanda Boyd, Brenda Boyd, Michael Cox, Jessica Dairs, Daniel Doan, Meghan Elliott, Ryan Frueh, Josh Godfrey, Zach Hughes, Kevin Johnston, Gen Lengdorfer, Sage Lyons, Joanna Melara, Nick Mortinson, Rocket Neceubauer, Joey Newcomb, Michele Nikkels, Emily Phillips, Jacob Pruitt, Dustin Robertson, Travis Sawin, Raylene Simons, Jessica Sauder, Cody Tinker, Tristan Brandt, Lexy Foster, Jessica Sims; chaperones: Linda Gilkerson, Fred Krull, Riley Gruber, Neal Gruber, Patrick Luzzi, Julie Ornellas, Dave Cudney, Robert Nichols, Chris Weatherbee, Denise Buell, Mark Lera, Marilyn Ficene, Pam Freuh; teachers: Tracy Gruber and Ally Jensen.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Linda Wong, Karin Wong and Harley Buckingham.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Hazel Wong and Mary Hernandez.
Senator Raggio moved that the Senate adjourn until Monday, May 14, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 12:23 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate