THE ONE HUNDRED AND THIRD DAY
Carson City(Friday), May 18, 2001
Senate called to order at 11:15 a.m.
President Hunt presiding.
Roll called.
All present except Senator O'Donnell, who was excused.
Prayer by the Chaplain, Pastor Stan Friend.
The Lord bless you and keep you,
The Lord make His face shine on you,
And be gracious to you;
The Lord lift up His countenance on you,
And give you peace.
(Numbers 6:24-26)
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 289, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 15, 237, 291, 662, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was referred Senate Bill No. 402, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 478, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 488, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Legislative Affairs and Operations, 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.
Jon C. Porter, Chairman
Madam President:
Your Committee on Taxation, to which was referred Assembly Bill No. 501, 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
WAIVERS AND EXEMPTIONS
Notice of Exemption
May 18, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Assembly Bill No. 26.
Gary Ghiggeri
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 2.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Rawson moved that Senate Bill No. 328 be returned from enrollment.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that the action whereby Senate Bill No. 328 was passed be rescinded and re-refer the bill to the Committee on Human Resources and Facilities.
Motion carried.
Senator Titus moved that Assembly Bill No. 627 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Titus.
Motion carried.
Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 574—AN ACT relating to property; transferring the responsibility for administering the program for property tax assistance for senior citizens from the department of taxation to the aging services division of the department of human resources; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 360.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 779.
Amend the bill as a whole by deleting sections 1 through 5, renumbering sec. 6 as sec. 2, and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. The Administrator of the Office of Historic Preservation of the Department of Museums, Library and Arts shall add to the schedule for the placement of historical markers pursuant to NRS 383.091, a marker on Mount Charleston that commemorates the crash of a USAF C-54 aircraft in 1955.”.
Amend the title of the bill to read as follows:
“AN ACT relating to historical markers; requiring the Administrator of the Office of Historic Preservation of the Department of Museums, Library and Arts to add to the schedule for the placement of historical markers a certain marker on Mount Charleston; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 179.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 803.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. Section 3 of Assembly Bill No. 101 of this session is hereby amended to read as follows:
Sec. 3. NRS 268.597 is hereby amended to read as follows:
268.597 1. As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may, subject to the provisions of section 1 of this act, annex territory:
(a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territoryto the city;
(b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city; or
(c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by the governing body.
2. If:
(a) A petition specified in paragraph (a) of subsection 1is accepted by the governing body;
(b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or
(c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,
the governing body may proceed to adopt an ordinance annexing the territoryand to take such other action thatis appropriate to accomplish the annexation.
3. As used in this section, “municipal services” includes, without limitation:
(a) Water;
(b) Sewerage;
(c) Police protection;
(d) Fire protection;
(e) Parks;
(f) Maintenance of streets; and
(g) Master planning for:
(1) The development and use of land;
(2) The provision of water and sewerage by the governing body; or
(3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.”.
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. 318.
Bill read second time and ordered to third reading.
Assembly Bill No. 551.
Bill read second time and ordered to third reading.
Assembly Bill No. 659.
Bill read second time and ordered to third reading.
Senator McGinness moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:31 a.m.
SENATE IN SESSION
At 11:35 a.m.
President pro Tempore Jacobsen presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Assembly Bill No. 47.
Bill read third time.
Roll call on Assembly Bill No. 47:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 47 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 48.
Bill read third time.
Remarks by Senators Neal, Townsend and Coffin.
Roll call on Assembly Bill No. 48:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 48 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 154.
Bill read third time.
Remarks by Senators Neal and Townsend.
Roll call on Assembly Bill No. 154:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 154 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 173.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 173:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 173 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 210.
Bill read third time.
Roll call on Assembly Bill No. 210:
Yeas—19.
Nays—None.
Not Voting—Mathews.
Excused—O'Donnell.
Assembly Bill No. 210 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 214.
Bill read third time.
Roll call on Assembly Bill No. 214:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 214 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 220.
Bill read third time.
Remarks by Senators Neal and James.
Senator James moved that Assembly Bill No. 220 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 243.
Bill read third time.
Remarks by Senators McGinness, Neal and Rhoads.
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. I have a comment that I would like to make relative to this bill. This is an exemption that will take money out of the pool that would actually go to the school children.
I can understand the conditions that might be confronting those individuals who sell farm equipment. This Legislature will need to “bite the bullet” sometime and deal with these issues of exemptions. The exemption we just passed the other day, dealing with the racetrack, would amount to over a billion dollars that would be taken from this State, its school children and given to individual business owners. We have no means as of this date of determining how to overcome the loss of the money that has been taken away. We have not seen any reports, not since I have been in this Legislature, that says, when we give these exemptions here is the amount of money that this State has received. Money we can count in terms of dollars, not estimates. Not what we think we are going to receive on a piece of paper, but actual dollars that we count and put into the budget that can go to pay for books, pencils and other things related to school children. We need to determine whether or not these exemptions are good for the State or the children. I know they are having a devastating effect upon the school children of this State. This particular exemption takes out over $200 thousand a year from schools. Will this money be replaced? I do not think so. It no doubt will come from other sources, such as ad valorem taxes through banks and other means we will find to make up the shortages. I understand the condition that exists between the Idaho, Utah and the northern part of the State where farm equipment is bought and sold to the farmers. But we must understand that the returns are not going to come back to the school children in greater numbers than the exemption that we are now offering by these bills that are passed out of this Legislature. For that particular reason, Mr. President pro Tempore, I will have to vote against this measure.
Roll call on Assembly Bill No. 243:
Yeas—15.
Nays—Mathews, Neal, O'Connell, Titus, Wiener—5.
Excused—O'Donnell.
Assembly Bill No. 243 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 271.
Bill read third time.
Remarks by Senators Rawson, James and Titus.
Senator James requested that the following remarks be entered in the Journal.
Senator Rawson:
The bill as it is amended now, actually provides some relief to parents. Children are able to drive themselves to school at age 15 3/4 which is earlier than they can now. Yet it still maintains the advantages of being able to phase in the full driving privileges. Essentially, they are supervised at 15 1/2. They can drive alone at 15 3/4 and then they can drive unrestricted at 16 years of age. In many respects, it is the same that it is now, except there is a greater training period. The result in most states has been a saving of lives of up to 30 percent. In one state, there was a 37 percent decrease in the number of teen fatalities since they enacted similar legislation. There was a question about the rural areas and basically there are no rural limitations in this bill. They can drive at 15 1/2 supervised and 15 3/4 with passengers, and they can choose to use the 14-year-old election. That is unchanged. Basically the bill takes nothing away but does add some safeguards, and they have proven to be successful in other states.
Senator James:
Mr. President pro Tempore. Just for purposes of making certain the record is clear, section 2 of Assembly Bill No. 271 says that “a person to whom the department issues a license pursuant to 483.250 shall not, during the three months preceding the issuance of the license pursuant to that section drive with anyone other than immediate family as a passenger in the vehicle.” But when you look at 483.250 it talks about driver’s licenses and learner’s permits. Does this mean that you can get your learner’s permit and the three months can be from the date that you get your learner’s permit? That is how I understand it. There is some ambiguity because someone could say it is the license part of that section because that section includes both licenses and learner’s permits. I would like to get that clarified.
Senator Rawson:
I believe it is three months from when they get their learner’s permit which is the supervised driving period and that means if they get that at 15 1/2 and at 15 3/4 they can now drive alone.
Senator James:
They still couldn’t drive alone, Mr. President pro Tempore, right, until they are 16 years old? They can drive alone before they are 16 as long as the three months has passed. Is that right?
Senator Rawson:
They can drive three months succeeding the time that they receive their learner’s permit so it would be 15 3/4 that they can drive alone.
Senator Titus:
Mr. President pro Tempore, I would like to get something clear. Am I correct in my understanding that under this bill, a teenager up to age 18 cannot drive with non-family members in the car for three months after getting a license? The rationale for this is to reduce accidents and to make the roads safer. On the other hand, we are dropping the age for getting a license from 16 to 15 3/4. I thought you got a provisional license at age 15 and a regular license at age 16. Aren’t we moving in the wrong direction? Aren’t we being contradictory in this bill? What is the rationale for this?
Senator Rawson:
Eighteen is an existing date that is in the law as I understand it now. You create a distinction there because some children, because of limitations, or because of when they are able to get their behind-the-wheel training, do not get their license until after they are past 16 years of age. What this is saying is that when you begin the process of starting to drive a car, there is a period of time that should be restricted, that it will be safer if you do not have a carload of people who will distract you while you are learning to drive. This gives you a three-month period to do that. It happens to go through a certain limited period of time. I think that is 18 years of age.
Senator Titus:
I guess I did not make my question clear. That is why it is confusing to me. I wasn’t talking about the 18-year-old. I was under the impression that you got a temporary license when you turn 15, and then you take a driver’s education course. When you turn 16, you can get a regular driver’s license to drive by yourself. Is that now being changed so that you can drive by yourself without an adult at 15 3/4?
Senator Rawson:
That is correct, Mr. President pro Tempore. It is saying that if you have finished your driver’s education course and you start your restricted license at 15 1/2, you will be only supervised for three months with an adult in the car and at 15 3/4 you could drive alone without other passengers in the car unless they are family. There are other exceptions in the law for that now. You can do that if you can show a work need or live in the rural areas. What is distinguishing about this is that it is a systematic approach for training, and where it has been implemented it has demonstrated to save lives.
Senator James moved that Assembly Bill No. 271 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 277.
Bill read third time.
Roll call on Assembly Bill No. 277:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 277 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 279.
Bill read third time.
Roll call on Assembly Bill No. 279:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 279 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 336.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 831.
Amend sec. 3, page 3, lines 21 and 22, by deleting: “and court costs”.
Amend sec. 3, page 3, between lines 41 and 42, by inserting:
“8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the division or child-placing agency consents to the adoption of such a child pursuant to this section.”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Senator James moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 345.
Bill read third time.
Roll call on Assembly Bill No. 345:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 345 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 363.
Bill read third time.
Roll call on Assembly Bill No. 363:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 363 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 364.
Bill read third time.
Remarks by Senators Neal and Rawson.
Senator Neal moved that Assembly Bill No. 364 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assembly Bill No. 375.
Bill read third time.
Roll call on Assembly Bill No. 375:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 375 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 415.
Bill read third time.
Roll call on Assembly Bill No. 415:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 415 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 433.
Bill read third time.
Roll call on Assembly Bill No. 433:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 433 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 458.
Bill read third time.
Roll call on Assembly Bill No. 458:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 458 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 489.
Bill read third time.
Remarks by Senators Neal, Washington, Rawson, Coffin and James.
Senator James moved that Assembly Bill No. 489 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 534.
Bill read third time.
Roll call on Assembly Bill No. 534:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 534 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Amodei gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 534 was this day passed.
GENERAL FILE AND THIRD READING
Assembly Bill No. 537.
Bill read third time.
Roll call on Assembly Bill No. 537:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 537 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 571.
Bill read third time.
Roll call on Assembly Bill No. 571:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 571 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 629.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 629:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 629 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 7.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 7:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Joint Resolution No. 7 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 12.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 12:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Joint Resolution No. 12 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 13.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 13:
Yeas—19.
Nays—None.
Not Voting—Raggio.
Excused—O'Donnell.
Assembly Joint Resolution No. 13 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 13 of the 70th Session.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 13 of the 70th Session:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Joint Resolution No. 13 of the 70th Session having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 26 of the 70th Session.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 26 of the 70th Session:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Joint Resolution No. 26 of the 70th Session having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Assembly Bill No. 364 which had been previously moved to the next legislative day be considered at this time.
Remarks by Senator Neal.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 364.
Bill read third time.
Remarks by Senator Neal.
Roll call on Assembly Bill No. 364:
Yeas—20.
Nays—None.
Excused—O'Donnell.
Assembly Bill No. 364 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 91.
The following Assembly amendment was read:
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.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 91.
Remarks by Senator Townsend.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 18, 46, 47, 48.
REMARKS FROM THE FLOOR
President Hunt requested that her remarks be entered in the Journal.
Today is a special day for my family. It was on May 18, 1936, that my mother and father, Albert and Maria Perry, were married in Niagara Falls, Ontario, Canada. Today is their 65th wedding anniversary. To make today even more special, my son and daughter-in-law, Tina and Ron Mancuso, chose their wedding date to coincide with my parents’ anniversary.
Tina and Ron were married on May 18, 1995, in Victoria, British Columbia. Today is their 6th wedding anniversary. It was my hope and my plan to have them all here today as my guests in the Senate and to extend to them the privileges of the floor. For personal reasons, we were unable to do so.
I would like to take a moment to wish my parents and my son and daughter-in-law a very happy anniversary and thank them for the joy and pride they have brought to our family throughout the years.
Happy Anniversary, Mom and Dad, if you are listening, and Happy Anniversary, Ron and Tina.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Dee McGinness.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Rawson.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Douglas Smith and Dr. Sarah Smith.
Senator Raggio moved that the Senate adjourn until Tuesday, May 22, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 12:47 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate