THE ONE HUNDRED AND SEVENTH DAY
Carson City(Tuesday), May 22, 2001
Senate called to order at 12 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Dr. Ken Haskins.
Our loving heavenly Father, how graciously You provide all that we need. We have only to ask. We pray for knowledge and wisdom, for courage and compassion. Lead us and help us. Bless richly our efforts this day. We ask in Jesus’ Name.
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. 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 44, 74, 192, 245, 302, 620, 622, 628, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which were referred Senate Bill No. 143; Assembly Bills Nos. 267, 431, 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 re-referred Senate Bill No. 319, 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 were referred Senate Bills Nos. 139, 448, 496, 497, 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 Government Affairs, to which were referred Assembly Bills Nos. 165, 257, 536, 563, 601, 604, 649, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 92, 428, 440, 556, 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 Government Affairs, to which was referred Assembly Bill No.
381, has had the same under consideration, and begs leave to report the
same back with the
recommendation: Without recommendation and re-refer to the Committee on
Legislative Affairs and Operations.
Ann O'Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 201, 636, 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. 253, 402, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 33, 327, 446, 547, 576, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 77, 294, 308, 325, 344, 399, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 29, 199, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, to which was referred Assembly Bill No. 463, 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
Madam President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 7, 171, 242, 383, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which were referred Assembly Bills Nos. 113, 315, 643, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 18, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 177, 605, 665; Senate Bills Nos. 2, 123, 200, 231, 234, 267, 283, 327, 358, 378, 420, 471, 492, 523, 541, 558, 561.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 313.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 51, Amendment No. 739; Senate Bill No. 163, Amendment No. 730; Senate Bill No. 197, Amendment No. 720; Senate Bill No. 329, Amendment No. 731; Senate Bill No. 554, Amendment No. 732, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 688 to Assembly Bill No. 660.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
WAIVERS AND EXEMPTIONS
Waiver Of Joint Standing Rule(s)
A Waiver requested by Assembly Select Committee on Energy.
For: Assembly Bill No. 661.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
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 house of origin on or before May 23, 2001.
May only be passed out of second house on or before May 31, 2001.
Has been granted effective: May 18, 2001.
William J. Raggio Richard D. Perkins
MOTIONS, RESOLUTIONS AND NOTICES
Senator O'Connell moved that Assembly Bill No. 381 be re-referred to the Committee on Legislative Affairs and Operations.
Remarks by Senator O'Connell.
Motion carried.
Senator Townsend moved that Assembly Bill No. 135 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Townsend.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 575—AN ACT relating to elections; revising the districts from which members of the state legislature are elected; revising the districts from which representatives in congress are elected; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator O'Donnell:
Senate Bill No. 576—AN ACT relating to transportation; imposing an annual fee upon certain fully regulated carriers; making various changes governing fully regulated carriers of passengers; requiring the drivers of fully regulated carriers of passengers to obtain drivers’ permits; imposing a fee for the issuance and renewal of such a permit; establishing standards of conduct for such drivers; providing for the impoundment of certain vehicles by the transportation services authority; requiring certain actions with regard to defects and unsafe conditions in vehicles; exempting certain holders of unrestricted gaming licenses that operate motor vehicles from the provisions governing fully regulated carriers; authorizing the transportation services authority to impose a fee for the issuance of identification decals to such exempted holders of unrestricted gaming licenses; requiring the transportation services authority to establish a system of allocation for limousines; providing that certain acts of drivers of fully regulated carriers of passengers are unlawful; temporarily prohibiting an increase in the number of limousines that may be operated in certain counties; providing penalties; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 177.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 313.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories of all bills.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 605.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 665.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
WAIVERS AND EXEMPTIONS
Waiver Of Joint Standing Rule(s)
A Waiver requested by Senator William R. O'Donnell.
For: Senate Bill No. 576.
To Waive:
Subsection 1 of Joint Standing Rule No. 14 (2 BDRs from Assemblymen and 4 BDRs from Senators requested by 8th day).
Subsection 2 of Joint Standing Rule No. 14 (50 BDRs for committees of each house requested by 22nd day).
Subsection 1 of Joint Standing Rule No. 14.2 (dates for introduction of BDRs requested by individual legislators and committees).
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
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).
Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rules Nos. 14.2 and 14.3 (all of the above).
Has been granted effective: May 18, 2001.
William J. Raggio Richard D. Perkins
SECOND READING AND AMENDMENT
Senate Bill No. 402.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 778.
Amend the bill as a whole by deleting sections 1 through 7, renumbering sec. 8 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 439B.220 is hereby amended to read as follows:
439B.220 The committee may:
1. Review and evaluate the quality and effectiveness of programs for the prevention of illness.
2. Review and compare the costs of medical care among communities in Nevada with similar communities in other states.
3. Analyze the overall system of medical care in the state to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.
4. Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.
5. Examine hospitals to:
(a) Increase cooperation among hospitals;
(b) Increase the use of regional medical centers; and
(c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.
6. Examine medical malpractice.
7. Examine the system of education to coordinate:
(a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and
(b) The education of those who provide medical care.
8. Review competitive mechanisms to aid in the reduction of the costs of medical care.
9. Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.
10. Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.
11. Determine whether regulation by the state will be necessary in the future by examining hospitals for evidence of:
(a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or
(b) A change in the policy of the hospital concerning contracts,
as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.
12. Study the effect of the acuity of the care provided by a hospital upon the revenues of hospital and upon limitations upon that revenue.
13. Review the actions of the director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The director shall report to the committee concerning any regulations proposed or adopted pursuant to this chapter.
14. Identify and evaluate, with the assistance of an advisory group, the alternatives to institutionalization for providing long-term care, including, without limitation:
(a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this state;
(b) A determination of the effects of the various methods of providing long-term care services on the quality of life of persons receiving those services in this state;
(c) A determination of the personnel required for each method of providing long-term care services in this state; and
(d) A determination of the methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive those services in this state.
15. Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this state.
16. Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this state impoverish themselves as a condition of receiving assistance for long-term care.
17. Conduct investigations and hold hearings in connection with its review and analysis.
[15.] 18. Apply for any available grants and accept any gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter.
[16.] 19. Direct the legislative counsel bureau to assist in its research, investigations, review and analysis.
[17.] 20. Recommend to the legislature as a result of its review any appropriate legislation.”.
Amend the preamble of the bill, page 1, by deleting line 7 and inserting: “of grave concern to the legislature; and
Whereas, Issues relating to long-term care would be most appropriately reviewed by a permanent task force; and
Whereas, Until such a task force is established, those issues would be most appropriately reviewed by the legislative committee on health care; now therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to health care; expanding the authority of the legislative committee on health care to review certain issues relating to long-term care; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 570.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 791.
Amend section 1, page 1, by deleting lines 3 through 11 and inserting:
“1. The legislative counsel bureau may contract for the establishment of an on-site child care facility for children of employees of the legislative branch of government. No money appropriated to the legislative fund or the legislative counsel bureau may be used to pay the cost of establishing and operating the facility.
2. All employees of the child-care facility shall be deemed employees of the state for the purposes of NRS 41.0305 to 41.039, inclusive.
3. The legislative counsel bureau may use the property described in NRS 331.135 for a child-care facility established pursuant to this section.
4. As used in this section, “on-site child care facility” has the meaning ascribed to it in NRS 432A.0275.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 3, page 2, lines 41 and 42, by deleting: “on or before December 15 preceding” and inserting “before”.
Amend sec. 3, page 3, line 2, by deleting: “on or before December 15 preceding” and inserting “before”.
Amend sec. 3, page 3, by deleting lines 7 through 19.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 4, to read as follows:
“Sec. 4. NRS 218.2429 is hereby amended to read as follows:
218.2429 1. The chairman of the legislative commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the commission, which relate to the affairs of the legislature or its employees, including measures requested by the legislative staff.
2. The chairman of the interim finance committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the committee, which relate to matters within the scope of the committee.
3. Except as otherwise provided by specific statute or concurrent resolution of the legislature:
(a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the committee.
(b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than 10 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures before the commencement of a regular legislative session if the legislative commission approves each additional request by a majority vote.
(c) Any other committee established by the legislature which conducts an interim legislative study may request the drafting of not more than 10 legislative measures [before the commencement of a regular legislative session,] which relate to matters within the scope of the study.
Measures authorized to be requested pursuant to this subsection must be submitted to the legislative counsel on or before September 1 preceding the commencement of a regular session of the legislature unless the legislative commission authorizes submitting a request after that date.”.
Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 through 13 as sections 7 through 12.
Amend sec. 8, page 5, by deleting lines 23 through 25 and inserting: “liability or decreases any revenue which appears to be in excess of $2,000; and”.
Amend sec. 8, page 5, line 26, by deleting “(b)” and inserting“[c] (b)”.
Amend the bill as a whole by adding a new section designated sec. 13, following sec. 13, to read as follows:
“Sec. 13. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to 218.735, inclusive, and section 1 of this act, “agency of the state” includes all offices, departments, boards, commissions and institutions of the state.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 15.
Bill read second time and ordered to third reading.
Assembly Bill No. 237.
Bill read second time and ordered to third reading.
Assembly Bill No. 289.
Bill read second time and ordered to third reading.
Assembly Bill No. 291.
Bill read second time and ordered to third reading.
Assembly Bill No. 488.
Bill read second time and ordered to third reading.
Assembly Bill No. 501.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 761.
Amend the bill as a whole by deleting sections 1 through 6 and renumbering sections 7 and 8 as sections 1 and 2.
Amend sec. 8, page 6, line 35, by deleting “7” and inserting “1”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to method of calculating amount of basic governmental services tax to be distributed to county school district. (BDR 43‑1004)”.
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. 662.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O'Donnell moved that Assembly Bill No. 609 be taken from the Secretary's desk and placed on the Second Reading File.
Remarks by Senator O'Donnell.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 609.
Bill read second time.
The following amendment was proposed by Senator O'Donnell:
Amendment No. 770.
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 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
4. [All] Except as otherwise provided in subsections 7 and 8, all money received or collected by the department for the basic governmental services tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the appropriate county pursuant to subsection 6.
5. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation, the department shall pay every item of expense.
6. The governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City1.07 percent.... Lincoln 3.12 percent
Churchill.... 5.21 percent........ Lyon 2.90 percent
Clark......... 22.54 percent.... Mineral 2.40 percent
Douglas..... 2.52 percent.......... Nye 4.09 percent
Elko.......... 13.31 percent.. Pershing 7.00 percent
Esmeralda.. 2.52 percent...... Storey .19 percent
Eureka........ 3.10 percent...... Storey .19 percent
Humboldt.. 8.25 percent.. Washoe 12.24 percent
Lander....... 3.88 percent...... White Pine.. 5.66 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
7. The department shall withhold 6 percent from the amount of the governmental services tax collected by the department as a commission. From the amount of the governmental services tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.
8. In addition to the commission required pursuant to subsection 7:
(a) The department shall withhold 2.6 percent from the amount of the basic governmental services tax collected by the department, except money distributed pursuant to subsection 6, as a surcharge.
(b) The state controller shall credit 2.6 percent to the department as a surcharge from the amount of the basic governmental services tax collected by a county assessor, except money distributed pursuant to subsection 6.
9. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
[9.] 10. If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. 1. The department of motor vehicles and public safety is hereby authorized to expend from the motor vehicle fund to pay only the costs of hiring not more than 129 additional employees:
For fiscal year 2001-2002 $4,169,098
For fiscal year 2002-2003 $4,461,855
2. The department may expend the money specified in subsection 1 in either fiscal year.
Sec. 4. Notwithstanding the provisions of NRS 377.080 to the contrary, each local government whose revenue from the basic governmental services tax is reduced as a direct result of the surcharge credited to the department of motor vehicles and public safety pursuant to subsection 8 of NRS 482.180, as amended by this act, shall, if any portion of that revenue is pledged for payment of a general obligation bond pursuant to NRS 377.080, pledge an additional percentage of the revenue from NRS 360.680, 360.690 and 360.700 to be substituted for the pledge of revenue that constitutes the surcharge credited to the department pursuant to subsection 8 of NRS 482.180, as amended by this act, in an amount necessary to avoid an impairment of the underlying bond contract pursuant to which the revenue was pledged. To carry out the provisions of this section, the percentage of revenue pledged may exceed the 15 percent allowed by NRS 377.080.”.
Amend sec. 2, page 1, by deleting line 7 and inserting:
“Sec. 5. 1. This section and section 2 of this act become effective upon passage and approval.
2. Sections 1, 3 and 4 of this act become effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the department of motor vehicles and public safety; increasing the amount of the basic governmental services tax withheld by the department as a surcharge to pay certain expenses of the department; extending the authorized period of expenditure of money appropriated to the department for the purchase of modular furniture for the remodeled office in Carson City; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Increases amount of basic governmental services tax withheld for expenses of department of motor vehicles and public safety and extends authorized period of expenditure of certain money appropriated to department. (BDR 43‑1319)”.
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell, McGinness and Coffin.
Motion lost on a division of the house.
Bill ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Assembly Bill No. 488 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried.
Senator Porter moved that Assembly Bill No. 179 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Porter.
Motion carried.
Senator Townsend moved that Assembly Bill No. 384 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Townsend.
Motion carried.
Senator Washington moved that Assembly Bill No. 659 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 360.
Bill read third time.
Roll call on Senate Bill No. 360:
Yeas—21.
Nays—None.
Senate Bill No. 360 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 478.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 692.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:
“Section 1. Chapter 486A of NRS is hereby amended by adding thereto a new section to read as follows:
1. After consulting with the department of business and industry, the department may, within limits of legislative appropriations or authorizations or grants available for this purpose, develop and carry out a program to provide incentives to encourage those persons who are not otherwise required to do so pursuant to NRS 486A.010 to 486A.180, inclusive, to use clean-burning fuel in motor vehicles. The program may include, without limitation, a method of educating the members of the general public concerning:
(a) The program administered by the department; and
(b) The benefits of using clean-burning fuel in motor vehicles.
2. The department may adopt regulations to carry out the provisions of this section.
3. As used in this section:
(a) “Clean-burning fuel” has the meaning ascribed to alternative fuel in 10 C.F.R. § 490.2.
(b) “Department” means the state department of conservation and natural resources.
(c) “Motor vehicle” has the meaning ascribed to it in NRS 365.050.
Sec. 2. NRS 486A.020 is hereby amended to read as follows:
486A.020 As used in [this chapter] NRS 486A.010 to 486A.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 486A.140 is hereby amended to read as follows:
486A.140 The provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, do not apply to:
1. The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.
2. Any governmental agency exempted by federal statute or regulation.
3. Any person exempted by the commission.
Sec. 4. NRS 486A.150 is hereby amended to read as follows:
486A.150 The commission shall adopt regulations necessary to carry out the provisions of [this chapter,] NRS 486A.010 to 486A.180, inclusive, including, but not limited to, regulations concerning:
1. Standards and requirements for alternative fuel. The commission shall not discriminate against any product that is petroleum based.
2. The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.
3. Standards for alternative fuel injection systems for diesel motor vehicles.
4. Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.
5. The establishment of a procedure for approving exemptions to the requirements of [this chapter.] NRS 486A.010 to 486A.180, inclusive.
Sec. 5. NRS 486A.160 is hereby amended to read as follows:
486A.160 1. The department shall:
(a) Make such determinations and issue such orders as may be necessary to carry out the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive;
(b) Enforce the regulations adopted by the commission pursuant to the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive; and
(c) Conduct any investigation, research or study necessary to carry out the provisions of [this chapter.] NRS 486A.010 to 486A.180, inclusive.
2. Upon request, the department of motor vehicles and public safety shall provide to the department information contained in records of registration of motor vehicles.
Sec. 6. NRS 486A.170 is hereby amended to read as follows:
486A.170 1. An authorized representative of the department may enter and inspect any fleet of 10 or more motor vehicles that is subject to the requirements of [this chapter] NRS 486A.010 to 486A.180, inclusive, to ascertain compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations adopted pursuant thereto.
2. A person who owns or leases a fleet of 10 or more vehicles shall not:
(a) Refuse entry or access to the motor vehicles to any authorized representative of the department who requests entry for the purpose of inspection as provided in subsection 1.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested by the owner or lessor of a fleet of motor vehicles, the department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owner’s or lessor’s compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and any regulations adopted pursuant thereto.
Sec. 7. NRS 486A.180 is hereby amended to read as follows:
486A.180 1. Except as otherwise provided in subsection 4, any person who violates any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations in force pursuant thereto, by injunction or other appropriate remedy. The commission or the director of the department [of conservation and natural resources] may institute and maintain in the name of the State of Nevada any such enforcement proceeding.
4. A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.
5. The commission and the department shall deposit all money collected pursuant to this section in the state general fund. Money deposited in the state general fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; authorizing the state department of conservation and natural resources to develop and carry out a program to encourage certain persons to use clean-burning fuel in motor vehicles; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes state department of conservation and natural resources to develop and carry out program to encourage certain persons to use clean-burning fuel in motor vehicles. (BDR 43‑137)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 271.
Bill read third time.
Roll call on Assembly Bill No. 271:
Yeas—20.
Nays—Carlton.
Assembly Bill No. 271 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 318.
Bill read third time.
Roll call on Assembly Bill No. 318:
Yeas—21.
Nays—None.
Assembly Bill No. 318 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 336.
Bill read third time.
Roll call on Assembly Bill No. 336:
Yeas—21.
Nays—None.
Assembly Bill No. 336 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 551.
Bill read third time.
Remarks by Senators Neal, Carlton, Townsend, Titus and Raggio.
Roll call on Assembly Bill No. 551:
Yeas—16.
Nays—Care, Coffin, Neal, Raggio—4.
Not Voting—Mathews.
Assembly Bill No. 551 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 627.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 841.
Amend sec. 14, page 6, by deleting line 22 and inserting: “pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act] Assembly Bill No. 337 of this session upon a”.
Amend sec. 14, page 6, by deleting lines 29 through 32 and inserting: “enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act.] Assembly Bill No. 337 of this session.
2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act,] Assembly Bill No. 337 of this session, if the court finds that a person has willfully engaged in a”.
Amend sec. 14, page 7, line 2, by deleting “inclusive, 598.100” and inserting “inclusive, and section 1 of [this act,] Assembly Bill No. 337 of this session, 598.100”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 135.
Bill read third time.
Roll call on Assembly Bill No. 135:
Yeas—20.
Nays—None.
Not Voting—Porter.
Assembly Bill No. 135 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 384.
Bill read third time.
Remarks by Senators Neal, Townsend and Mathews.
Roll call on Assembly Bill No. 384:
Yeas—21.
Nays—None.
Assembly Bill No. 384 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 34.
The following Assembly amendment was read:
Amendment No. 679.
Amend sec. 2, page 2, line 13, by deleting “or psychologist”.
Amend sec. 3, page 3, line 36, after “loss;” by deleting “and”.
Amend sec. 3, page 3, line 41, by deleting “1.” and inserting: “1; and
(c) For a proposed ward who is an adult, finds that the petition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.”.
Amend sec. 3, page 4, line 10, after “if” by inserting: “the proposed ward is a minor and”.
Amend sec. 3, page 4, line 14, after “days.” by inserting: “Except as otherwise provided in subsection 7, if the proposed ward is an adult, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial and immediate risk of financial loss;
(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and
(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 41.200 is hereby amended to read as follows:
41.200 1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the purview of this section, including:
(1) The circumstances which make it a disputed claim for money;
(2) The name of the third person against whom the claim is made; and
(3) If the claim is the result of an accident, the date, place and facts of the accident;
(c) The names and residence of the parents or the legal guardian of the minor;
(d) The name and residence of the person or persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:
(1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees;
(2) Medical expenses; and
(3) Other expenses,
and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;
(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.
3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:
(a) The injury, prognosis, treatment and progress of recovery of the minor; and
(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.
4. If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
5. Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked [trust account] financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked [trust account] financial investment has been established. If the balance [in the account] of the investment is more than $10,000, the parent, [trustee or] guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the [account] investment during the previous 12 months. If the balance [in the account] of the investment is $10,000 or less, the court may order the parent, [trustee or] guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the [account.] investment.
6. The beneficiary of a block financial investment may obtain control of or money from the investment:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.
7. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.
[7.] 8. As used in this section, the term “blocked [trust account” means an] financial investment” means a savings account established in a depository institution in this state [for the benefit of the minor with restrictions that the money cannot be withdrawn, except:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time the account must be closed and the money distributed to the beneficiary.] , a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.”.
Amend the title of the bill to read as follows:
“AN ACT relating to civil practice; revising the provisions relating to the appointment of temporary guardians; expanding the methods of investing the proceeds of a compromise from a legal dispute for a minor; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to appointment of temporary guardians and to investment for minors of their proceeds of compromises from legal disputes. (BDR 13‑1070)”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 34.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 36.
The following Assembly amendment was read:
Amendment No. 597.
Amend sec. 4, page 3, line 22, by deleting “subsection,” and inserting “[subsection,] section,”.
Amend sec. 4, page 3, by deleting lines 24 through 27 and inserting:
“2. The money in the account may be used for any”.
Amend sec. 4, page 3, by deleting lines 37 through 39 and inserting:
“(d) Seventy percent of the amount of money in excess of $100,000 remaining in the account at the end of each fiscal year, as determined based upon the accounting standards of the governing body controlling the law enforcement agency that are in place on March 1, 2001, must be distributed to”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 36.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 204.
The following Assembly amendment was read:
Amendment No. 676.
Amend section 1, page 1, line 11, by deleting “physician” and inserting: “physician, advanced practitioner of nursing”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 2001.”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 204.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 272.
The following Assembly amendment was read:
Amendment No. 696.
Amend section 1, page 1, line 5, before “employment.” by inserting “certain”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 272.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 87.
The following Assembly amendment was read:
Amendment No. 677.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 3, line 21, before “The” by inserting “1.”.
Amend sec. 2, page 3, by deleting lines 23 through 37 and inserting:
“[1.] (a) To or for the benefit of the victim . [;
2.] (b) If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury . [;
3.] (c) If the victim dies, to or for the benefit of any one or more of the dependents of the victim . [; or
4.] (d) To a minor who is a member of the household or immediate family of a victim of a battery which constitutes domestic violence pursuant to NRS 33.018 who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of the battery.
(e) To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010.
2. As used in this [subsection:] section:”.
Amend sec. 2, page 3, line 38, after “(a)” by inserting: ““Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b)”.
Amend sec. 2, page 3, line 43, by deleting “(b)” and inserting “[(b)] (c)”.
Amend the bill as a whole by deleting sections 3 and 4.
Amend the title of the bill to read as follows:
“AN ACT relating to domestic violence; providing that certain minors who need an assessment, a psychological evaluation or psychological counseling as a result of a battery which constitutes domestic violence against a member of his household or immediate family are eligible for compensation from the fund for the compensation of victims of crime; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that minor who needs assessment, evaluation or counseling as result of battery which constitutes domestic violence against certain other persons is eligible for compensation from fund for compensation of victims of crime. (BDR 15‑854)”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 87.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O'Connell moved that Assembly Bill No. 180 be taken from the Secretary's desk and placed on the General File for the next legislative day.
Remarks by Senator O'Connell.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 91; Assembly Bills Nos. 6, 63, 83, 93, 95, 108, 110, 117, 163; Assembly Concurrent Resolution No. 34.
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 the following students from School to Careers: Rachel Richter, Chris Wilks, Kassie Thomsen, Michael Greer, Kevin Seipp, Kenndra Brown, Sean Fannin, Shavon Bellows, Crystal Jay, Patrick Gilliland, Josh Johnson, Cate Hooten, Allen Giraud, Brandi Luster, Russel Archey, Rebecca Tucker, Jessica Lucero, Art Nichols; teachers: Pam Cushman, Mrs. Alverez and Victoria Baliant.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Merton Rumford and Betty Rumford.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Brookfield Elementary School: Kellen Bigley, Sydney Brown, Wes Dalen, Sanam Farahi, Dominick Giudici, Bobby Hodges, David Ingbar, Kendra Mallory, Trevor Murray, Erin McIntire, Aidan O’Leary, Michon Peek, Kyle Sargent, Amber Smith, Max Stern, Alex Tacher, Avi Johnson, Kevin Price; chaperones: Cary Ingbar, Karyn Murray, Parinaz Farahi, Pam Bigley and teacher: Nia Waters.
Senator Raggio moved that the Senate adjourn until Wednesday, May 23, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 1:14 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate