THE ONE HUNDRED AND SEVENTEENTH DAY
Carson City(Friday), June 1, 2001
Senate called to order at 10:50 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
O Lord, in the midst of great activity today we ask You to remind us often of Your invisible presence, that out of confused issues may come simplicity of plan, out of fear may come confidence, out of hurry may come the willingness to wait, out of frustration, rest and power.
This we ask in Your own 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 Finance, to which were referred Assembly Bills Nos. 209, 505, 510, 519, 588, 658, 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 Assembly Bills Nos. 504, 520, 522, 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 Assembly Bill No. 123, 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. 250, 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 Legislative Affairs and Operations, to which was referred Assembly Joint Resolution No. 9, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Government Affairs.
Jon C. Porter, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 31, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 232.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 500, Amendment No. 976, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment Nos. 736, 841, 958, 1086, 1136 to Assembly Bill No. 627.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in Senate Amendment No. 1146 to Assembly Bill No. 447 and respectfully refused to concur in Senate Amendment No. 928 to Assembly Bill No. 447.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 62, Assembly Amendment Nos. 771, 840, and requests a conference, and appointed Assemblymen de Braga, Bache and Carpenter as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 216, Assembly Amendment Nos. 993, 1114, and requests a conference, and appointed Assemblymen Parks, Oceguera and Nolan as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 303, Assembly Amendment No. 726, and requests a conference, and appointed Assemblymen Ohrenschall, Smith and Nolan as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 357, Assembly Amendment Nos. 1135, 1143, and requests a conference, and appointed Assemblymen de Braga, Bache and Brown as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 377, Assembly Amendment No. 970, and requests a conference, and appointed Assemblymen McClain, Williams and Gibbons as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Parks, Neighbors and Tiffany as a first Conference Committee concerning Assembly Bill No. 653.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
WAIVERS AND EXEMPTIONS
Waiver of Joint Standing Rule(s)
A Waiver requested by Senator William J. Raggio.
For: Assembly Bill No. 578.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following conditions:
May only be passed out of second house on or before June 03, 2001.
Has been granted effective: May 31, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
A Waiver requested by Senator William J. Raggio.
For: Assembly Bill No. 661.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).
With the following conditions:
May only be passed out of second house on or before June 04, 2001.
Has been granted effective: May 31, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 52—Commending Shelba Gamble for her service as Administrative Assistant to the President of the University of Nevada, Reno.
Whereas, Shelba Jean Gallaher Gamble was born on January 31, 1938, in Lockesburg, Arkansas, the youngest of the four children of Robbie and Thelma Gallaher; and
Whereas, Shelba excelled as an athlete and a scholar during her school years by achieving the status of all-county basketball player in junior high school and by attaining the rank of salutatorian of the 1956 graduating class of Lockesburg High School; and
Whereas, Shelba Gamble attended Texarkana College, where in addition to her scholastic endeavors, she performed as a member of the Starlet Dance Troupe; and
Whereas, Shelba Gamble served as an able member of the staff of the Political Science Department at the University of Arkansas from 1967 to 1969 and also served in several different staff capacities for the State of Arkansas from 1969 to 1976; and
Whereas, Shelba Gamble was actively involved in the campaigns of Winthrop Rockefeller and Ted Boswell for Governor of Arkansas and Dale Bumpers for United States Senator from that state; and
Whereas, Shelba Gamble came to Nevada in 1976, as a single mother of a young child, to serve in the administration of President Max Milam at the University of Nevada, Reno; and
Whereas, Continuing to serve the University in the key position of Administrative Assistant to Presidents Joseph Crowley and Stephen McFarlane, Shelba concluded this assignment in June 2001, after 25 years of distinguished service; and
Whereas, During her quarter century at the University of Nevada, Reno, Shelba Gamble carried out the complex responsibility of managing the President’s office and staff, served as a member of the President’s Cabinet, fulfilled a role as a key adviser to three presidents, and continually exhibited patience, a caring attitude and a willingness to listen while interacting with the many visitors who came daily to the President’s office; and
Whereas, Shelba Gamble has touched the lives of thousands of students, faculty, staff and others during her career at the University, is admired and respected for her distinguished performance of a difficult and challenging job, and will be fondly remembered for her service by a legion of friends; and
Whereas, After raising her daughter, Sean, who is a graduate of the University of Nevada, Reno, Shelba is now the proud grandmother of Bryn and wishes to spend more time with her loving family; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature pay special tribute to Shelba Jean Gamble on the occasion of her departure from the position of Administrative Assistant to the President of the University of Nevada, Reno, a position that she so capably filled; and be it further
Resolved, That the Nevada Legislature wishes Shelba Jean Gamble a happy and productive retirement, and much well-deserved quality time with her loving family; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Shelba Jean Gamble and to the University of Nevada, Reno.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Madam President. We were somewhat disappointed when we learned that Dr. Joe Crowley was leaving the office of President of the University of Nevada, Reno, after many distinguished years of service, a record for service. We are a little disappointed to learn that not only was Dr. Crowley leaving, but so was a member of his team because, actually, what made President Crowley look good, I hope he is listening, is the same thing that makes the rest of us look good, it is the people who work for us.
Shelba Gamble, the administrative assistant, was the right arm of the President of the University of Nevada, Reno. Whenever anyone wanted something of importance that the University could provide, they didn’t call Joe Crowley or any of the deans or other officers, they would call Shelba. Whenever anything was too difficult for the President to understand, they explained it to Shelba. Over the years, everyone really knew others were getting higher salaries, but she was running the University of Nevada in Reno.
We want to pause, today, despite our busy schedule, but we need to pay tribute to a lady who has devoted a quarter of a century to the affairs of the University of Nevada and Community College system—not only to Dr. Crowley but also to all with whom she came in contact. They included the faculty, the administrative officials and the students. She fulfilled a lot of roles. She was truly dedicated to this position, and those of us who had any contact with Shelba know full well her dedication. She spent a lot of overtime to assist all of those with whom she worked.
Today, we want to honor Shelba Gamble. I did not know that she was a student athlete. I didn’t know that she was from Arkansas. This resolution is very enlightening. I probably would have not agreed to introduce it if I had known she had worked so hard for three Democrats to become governors and a Senator of Arkansas. Not withstanding that, we do want to give her the recognition she deserves and wish her well. Please join with me and the members of the Legislature in commending Shelba Gamble for 25 years of dedicated service. She served for three Presidents at the University, Max Milam, Dr. Joe Crowley and, more recently under the interim President, Dr. Steve McFarlane. I know they will miss her and the University system will miss her, but I know she has enough interest and dedication that if they call on her, she will probably come back and volunteer. Thank you for joining with us today.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
By Senators Raggio and Titus:
Senate Resolution No. 10—Designating certain members of the Senate as regular and alternate members of the Legislative Commission.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Senator Porter moved that Assembly Joint Resolution No. 9 be re-referred to the Committee on Government Affairs.
Remarks by Senator Porter.
Motion carried.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:08 a.m.
SENATE IN SESSION
At 1:37 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 433.
Bill read third time.
Roll call on Senate Bill No. 433:
Yeas—21.
Nays—None.
Senate Bill No. 433 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 572.
Bill read third time.
Remarks by Senators Titus, Neal, James, O'Connell and Care.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
The following comments were written by my intern Mark Nash, a political science major at UNLV, who worked very hard researching the issue before you in Senate Bill No. 572.
A recent study conducted by the United States Secret Service National Threat Assessment Center revealed that in 37 incidents of school shootings studied, over 75 percent of the shooters had previously revealed an interest in mounting an attack at the school to another person. In virtually all of these cases, the person who received this information was not an adult, but rather another child.
It is clear the best way to prevent these violent incidents is for children to promptly report threats their friends, schoolmates and siblings have made. The aim of this legislation is to ensure that children feel safe and protected when reporting these threats.
The idea for this legislation comes from an incident in Lancaster, California, involving high school student Kristina Tapia. Shortly after the 1999 Columbine High School incident, Miss Tapia overheard a classmate say that he wanted to kill people. Miss Tapia promptly reported what she had heard. Even though the boy pleaded guilty to a charge of making terrorist threats, he and his parents sued Miss Tapia’s parents for slander. The charge was later dismissed, but not before the Tapia family incurred nearly $40,000 in legal expenses.
This bill provides immunity from civil liability to students, parents, teachers and school officials who report in good faith a threat of violence. Similar legislation recently passed, unanimously, in the California State Assembly. It is crucial that the Legislature pass this measure during the 71st Session before retaliatory lawsuits become commonplace and cause parents to instruct their children not to report anything to school officials for fear of liability.
Senator Neal:
Madam President, I have a question relative to this bill. On page 1, line 10, it says “such a person is not immune from civil liability for any other act, and a disjunction goes omission committed by the person as a part of the connection with or as a principle accessory or conspirator to the violence regardless of the nature of the other acts or omissions.” Does this language mean that if the person falsely makes a statement, they are charged with any violation?
Senator Titus:
Madam President, I do not know if I can answer that question since I am not a lawyer, but I can tell you the intention was to craft the liability protection narrowly so it referred to the reporting of a threat and for that reporting to be in good faith. This means if you are involved in something else, perhaps as an accessory to the action, or you might have been a part of the group that was doing the threatening and you turned it in, you are not protected from your actions along those lines only for reporting it.
Senator Neal:
That seems to be part of it, but the language seems to be much broader than that. Can anyone answer?
Senator James:
I think Senator Titus did a good job answering. It is an attempt, statutorily, to limit the immunity just to the reporting. If there is another act or omission involved that would be an intentional act or omission, then civil liability immunity doesn’t extend to that. Does that answer your question?
Senator Neal:
Yes, somewhat, but Madam President, if I may be permitted a few comments in reference to this. I can understand why we would have such a bill before this House and, indeed, from all indications of the number of shootings we have had on the campus throughout this nation it seems to indicate that some action should be taken relative to those shootings. I question whether or not we are going somewhat overboard on some of this in terms of trying to handle these problems from a legislative point of view rather than at the local school level. I am reminded of a cartoon I saw the other day in the paper where a guy was against the wall being frisked because someone had reported him. His remark was, “I was only going to shoot hoops.” He was being frisked for that particular statement. This cartoon seems to suggest that we are going overboard in some of these actions to mitigate the violence that seems to have occurred in some of the schools across the nation.
I do not have any particular answer, but if we put laws on the books that allow this type of immunity, are we not saying that if individuals are being falsely accused, what do we do about that particular situation? It seems to me that a child, a student, can make any particular statement based on what they think they might have heard. Someone would be in trouble and, probably, would have to get a lawyer as a result of those actions or the reporting of that particular incident. I know growing up in school that a lot of things that children might say, words that get into young people’s vocabularies, might well be interpreted here as an act of violence. We used to refer to some boys as killers. Sometimes we might put an adjective on that and say that they are lady-killers, which did not have any intent in terms of violence. But those words spoken in the setting of a school situation might be interpreted to mean, if someone else was listening, that someone might want to go off and kill somebody. The intent might not be that at all. I was watching a program the other night about the lady who was head of the Cherokee Nation for nine years, and her name was Mankiller. That was her name. I was thinking if she should happen to step up into a school setting someone might say, “Hey, Mankiller.” I wonder whether or not this could be misinterpreted to mean that she was a killer of men or wanted to kill someone. Without corralling the threat in terms of its propensity to be carried out, then I think you do a disservice to the schools by putting in this broad language. Saying that any student who thinks or believes that a violent act might be committed is to, in my judgment, do more danger than that which you are attempting to correct by this legislation. Irrespective of the violence and the actions that have taken place, there still has to be some type of trust level within the school system. We seem to want to erase that totally and not allow those individuals on the scene to take care of these things.
When we put into statute, as we have done here, to immune individuals from this type of reporting, then the principal or the teacher cannot correct that individual if they make a false report. That is what I understand this bill will do. I am sure that those who feel strongly about this legislation did not have that intent, but it is there. Under this law, a child who is playing can make threats, another child can report these threats and have that child brought into the principal’s office to be interrogated by the police. I am not sure we want that to happen to our children and especially if things are done in a playful manner rather than in a manner to do harm. I wanted to speak to this and bring this to the attention of those of us who are pushing this type of legislation. There is another side of this. A critical side that might tend to do more harm than good.
Senator James:
I understand the Senator’s concerns. We can overreact sometimes, but this bill is not an example of it. This is a measured approach to dealing with a very difficult, very real problem. A problem that has raised its head here in Nevada. That is the threat of violence on campus. I will point the Senator to a few things that might make him feel better about the bill. First of all, in line 2, you’ll note that the person has to first have a “reasonable cause.” They have to have actual knowledge that there is going to be some violence or there has been a threat of violence against the school. Second, if they do not actually know it, which is a safeguard in itself, then they have to have a reasonable cause to believe. That is an objective standard. Furthermore, on line 6, the report must be made in good faith. Malicious action or a bad faith report would not be covered by the immunity. Finally, lines 10 through 13 insure that no one has blanket immunity for anything else they might be involved with. The people who are going to have this knowledge are, usually, going to be the students, sometimes the teacher, but most often the students. The student is not going to know about this law. They are not even going to consider if they are immune from liability or they could be civilly liable for making a false report. But what it is going to do is to insulate those people who do know about some violence or threat. They will be motivated to come forward. The children, who do come forward and are, hopefully, encouraged by publication of this, will come forward about these things, and they can nip some of these plots in the bud and save lives. You have seen that happen in a couple of places where we have had some children taken away from school because they had explosives or guns, and the plot has been stopped. This happened through a tip. Those tips are to be encouraged so it is a very salutary bill. I do not think it will have the unintended consequences you are worried about. It is narrowly crafted and is not an overreaction; although, I do understand that concern because sometimes we do that, but we have not done it here.
Senator O'Connell:
Since the court would look at the intent and the comments that have been made on the floor, I wonder if the Senator would be so kind as to give us an example of each of the two causes that he mentioned, such as reasonable cause, for the record, so that it would be entered into the Journal.
Senator James:
Reasonable cause is an objective standard so you look at whether or not the person had some facts or knowledge that would cause a reasonable person to believe there was a threat of violence. If one comment were made obviously in jest, that wouldn’t, probably, be reasonable cause. If there was some second-hand knowledge of a plot to carry out an act of violence against a teacher or against a school, but they did not have actual knowledge, they had heard it from hearsay, that probably would be reasonable cause even if it would not be admissible evidence because of second knowledge. Hearsay evidence, the other person has heard from several different sources that someone is plotting something but has not heard it first hand, then, I think, they would be justified in making the report, and the liability immunity would attach. Good faith is a “white heart” having the motivation to do something good even if you are doing something wrong, even if it turns out that it wasn’t true. You had both a reasonable belief, and you weren’t intending to harm someone by making a report. Those two things combined, which is why it is fairly limited, because if you are missing either one of those then the immunity would not be available under the formulation being brought forth in the bill. I wish I could think of a good example, but I am hesitant to do so, because it involves coming up with a scenario about a child carrying out violence in a school. I am a little reticent to do that, but you understand how that would work. I think that makes a good record, and I appreciate the question.
Senator Care:
Thank you, Madam President. I would agree with everything the Chairman just said. I was the one in committee who raised this issue in the context of the First Amendment. Schools have speech codes and sometimes those speech codes end up in court, whether speech constitutes conduct.
To follow up what the Chairman said, let us take the example of child ‘C’ who hears from child ‘B’ that child ‘A’ has said he is going to shoot Mr. Jones. What you do not want to do is impose a duty upon child ‘C’ who has heard this threat second hand to go to the source and say, “Were you kidding when you said you were going to shoot Mr. Jones?” I do not think we want to do that. Now, we want to encourage that child who has, in my judgment, a good faith basis to report that threat. That is the way I read it.
Roll call on Senate Bill No. 572:
Yeas—21.
Nays—None.
Senate Bill No. 572 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 582.
Bill read third time.
Roll call on Senate Bill No. 582:
Yeas—21.
Nays—None.
Senate Bill No. 582 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 115.
Bill read third time.
Roll call on Assembly Bill No. 115:
Yeas—21.
Nays—None.
Assembly Bill No. 115 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 503.
Bill read third time.
Roll call on Assembly Bill No. 503:
Yeas—21.
Nays—None.
Assembly Bill No. 503 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 506.
Bill read third time.
Roll call on Assembly Bill No. 506:
Yeas—21.
Nays—None.
Assembly Bill No. 506 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 511.
Bill read third time.
Roll call on Assembly Bill No. 511:
Yeas—21.
Nays—None.
Assembly Bill No. 511 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 514.
Bill read third time.
Roll call on Assembly Bill No. 514:
Yeas—21.
Nays—None.
Assembly Bill No. 514 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 516.
Bill read third time.
Roll call on Assembly Bill No. 516:
Yeas—21.
Nays—None.
Assembly Bill No. 516 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 523.
Bill read third time.
Roll call on Assembly Bill No. 523:
Yeas—19.
Nays—O'Connell, Rhoads—2.
Assembly Bill No. 523 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 525.
Bill read third time.
Roll call on Assembly Bill No. 525:
Yeas—21.
Nays—None.
Assembly Bill No. 525 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:09 p.m.
SENATE IN SESSION
At 2:17 p.m.
President Hunt presiding.
Quorum present.
Assembly Bill No. 526.
Bill read third time.
Roll call on Assembly Bill No. 526:
Yeas—21.
Nays—None.
Assembly Bill No. 526 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 554.
Bill read third time.
Roll call on Assembly Bill No. 554:
Yeas—21.
Nays—None.
Assembly Bill No. 554 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 630.
Bill read third time.
Roll call on Assembly Bill No. 630:
Yeas—21.
Nays—None.
Assembly Bill No. 630 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 661.
Bill read third time.
Senator Raggio moved that Assembly Bill No. 661 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Assembly Bill No. 666 be placed at the bottom of the General File.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Joint Resolution No. 3.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 3:
Yeas—20.
Nays—None.
Not Voting—Neal.
Assembly Joint Resolution No. 3 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 5.
Resolution read third time.
Remarks by Senators James, O'Connell and O'Donnell.
Roll call on Assembly Joint Resolution No. 5:
Yeas—16.
Nays—Coffin, Neal, Raggio, Rhoads, Shaffer—5.
Assembly Joint Resolution No. 5 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 4 of the 70th Session.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 4 of the 70th Session:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 4 of the 70th Session having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Bill No. 666.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 1188.
Amend the bill as a whole by adding a new section designated sec. 43.3, following sec. 43, to read as follows:
“Sec. 43.3. Section 7 of Assembly Bill No. 444 of this session is hereby amended to read as follows:
Sec. 7. NRS 645.633 is hereby amended to read as follows:
645.633 1. The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
[1.] (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
[2.] (b) Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.
[3.] (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
[4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
[5.] (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
[6.] (f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.
[7.] (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
[8.] (h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
[9.] (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
[10.] (j) Any conduct which took place before he became licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.
[11.] (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
[12.] (l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
2. [Action may also be taken] The commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.
3. The commission may take action pursuant to NRS 645.630 against any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has obtained a written brokerage agreement to manage the property pursuant to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the written brokerage agreement.
4. The division shall maintain a log of any complaints that it receives relating to activities for which the commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the division pursuant to subsection 4; and
(b) Any disciplinary actions taken by the commission pursuant to subsection 3.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 356.
The following Assembly amendment was read:
Amendment No. 916.
Amend section 1, page 1, line 3, before “The” by inserting “1.”.
Amend section 1, page 1, after line 20, by inserting:
“2. The secretary of state may adopt regulations prescribing procedures to prevent the filing of false or forged documents in his office.”.
Amend the title of the bill by deleting the fourth line and inserting: “knowingly offering any false or forged instrument for filing; authorizing the secretary of state to adopt regulations to prevent the filing of false or forged documents; and providing other”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes changes regarding filing of documents with secretary of state. (BDR 18‑1206)”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 356.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 286.
The following Assembly amendment was read:
Amendment No. 893.
Amend the bill as a whole by deleting sections 3 through 15 and renumbering sections 16 through 23 as sections 3 through 10.
Amend sec. 16, page 10, line 2, by deleting: “17 to 22,” and inserting: “4 to 9,”.
Amend sec. 17, page 10, line 3, by deleting: “17 to 22,” and inserting: “4 to 9,”.
Amend sec. 23, page 13, by deleting lines 9 through 12 and inserting:
“Sec. 10. NRS 176.0121, 176.0123, 176.0125 and 176.0127 are hereby repealed.”.
Amend the bill as a whole by deleting sections 24 and 25 and renumbering sec. 26 as sec. 11.
Amend the leadlines of repealed sections by deleting the leadlines of NRS 179D.700, 205A.010, 205A.020, 205A.030, 205A.040, 205A.050, 205A.060, 205A.070, 205A.080, 205A.090, 205A.100, 209.015, 209.4813 and 209.4814.
Amend the title of the bill by deleting the second through fourth lines and inserting: “justice; eliminating the advisory commission on sentencing and”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 286.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 550, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Amodei, Wiener and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 550.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 87, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 1, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.
6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
[7.] 8. As used in this section:
(a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481 . [; and
(b)] (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.”.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receiving a referral from a court pursuant to subsection 6 of NRS 200.485, an agency which provides protective services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.
2. If an agency which provides protective services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:
(a) Conduct the evaluation or counseling; or
(b) Refer the child to a person that has entered into an agreement with the agency to provide those services.
Sec. 4. The amendatory provisions of sections 1 and 3 of this act do not apply to offenses committed before October 1, 2001.”.
Amend the title of the bill, first line, after “violence;” by inserting:
“providing that the court may refer a child to an agency which provides protective services if the child may need counseling as a result of the commission of a battery which constitutes domestic violence; providing that an agency which provides protective services may conduct an assessment of the child to determine whether a psychological evaluation or counseling is needed by the child;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Enacts provisions pertaining to child affected by battery which constitutes domestic violence. (BDR 15-854)”.
Valerie Wiener Barbara E. Buckley
Jon C. Porter John C. Carpenter
Maurice E. Washington John Oceguera
Senator Wiener moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 87.
Remarks by Senator Wiener.
Motion carried by a constitutional majority.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Commerce and Labor:
Senate Concurrent Resolution No. 53—Requesting the return to the Senate from the Governor’s office of Senate Bill No. 372 of this session.
Senator Townsend moved the adoption of the resolution.
Remarks by Senators Townsend and Titus.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:44 p.m.
SENATE IN SESSION
At 3:16 p.m.
President Hunt presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 123.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1175.
Amend section 1, page 1, line 4, by deleting: “sections 3 and 4” and inserting “section 2”.
Amend the bill as a whole by deleting sections 2 through 4, renumbering sections 5 and 6 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
If the board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.170 and 695G.200 to 695G.230, inclusive, in the same manner as an insurer that is licensed pursuant to Title 57 of NRS is required to comply with those provisions.”.
Amend sec. 5, page 2, line 29, by deleting: “sections 3 and 4” and inserting “section 2”.
Amend sec. 6, page 2, by deleting lines 36 and 37 and inserting:
“(1) Must include a program relating to group life, accident or health insurance, or any combination of”.
Amend sec. 6, page 3, line 1, by deleting “shall” and inserting “may”.
Amend sec. 6, page 3, by deleting lines 15 and 16 and inserting:
“(d) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce”.
Amend sec. 6, page 3, by deleting lines 22 through 26.
Amend sec. 6, page 3, line 27, by deleting “(f)” and inserting “[(d)] (e)”.
Amend sec. 6, page 3, line 29, by deleting “(g)” and inserting “(f)”.
Amend sec. 6, page 3, line 31, by deleting “(h)” and inserting “(g)”.
Amend sec. 6, page 3, line 33, by deleting: “sections 3 and 4” and inserting “section 2”.
Amend sec. 6, page 3, line 45, by deleting “(i)” and inserting “(h)”.
Amend sec. 6, pages 3 and 4, by deleting lines 46 and 47 on page 3 and lines 1 through 5 on page 4, and inserting: “accountant shall:
(1) Provide an annual audit of the program; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.
[(h)](i) Appoint an attorney who specializes in employee benefits. The attorney shall:
(1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.”.
Amend sec. 6, page 4, by deleting lines 16 through 18 and inserting:
“6. As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages”.
Amend sec. 6, page 4, by deleting line 21.
Amend the bill as a whole by deleting sections 7 and 8 and renumbering sec. 9 as sec. 5.
Amend sec. 9, page 5, line 23, after “employee.” by inserting: “As used in this subsection, “actual cost” includes any amount which has been approved by the board and which is paid by any department, agency, commission or public agency of this state for:
(a) A program of supplemental insurance;
(b) Subsidization of premiums for health insurance for dependents and retired participants;
(c) Administrative costs relating to the provision of the health insurance; and
(d) Costs required to maintain adequate reserves.”.
Amend the bill as a whole by deleting sec. 10 and adding a new section designated sec. 6, following sec. 9, to read as follows:
“Sec. 6. This act becomes effective on January 1, 2002.”.
Amend the title of the bill by deleting the sixth through ninth lines and inserting: “the public employees’ benefits program; and providing other matters”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio and O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 250.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1179.
Amend sec. 6, page 2, line 11, by deleting “disorders.” and inserting: “disorders, or has been referred for such a hearing screening.”.
Amend the bill as a whole by deleting sec. 12 and inserting:
“Sec. 12. (Deleted by amendment.)”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to health care; requiring hearing screenings for newborn children or referrals for such screenings; providing exceptions;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires screening of newborn children for hearing impairments under certain circumstances. (BDR 40-155)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 504.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1181.
Amend section 1, page 1, line 2, by deleting “$70,000” and inserting “$80,000”.
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. 520.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1176.
Amend section 1, page 1, line 1, by deleting “There” and inserting “1. There”.
Amend section 1, page 1, line 2, by deleting “Education” and inserting “Administration”.
Amend section 1, page 1, between lines 5 and 6 by inserting:
“2. Upon acceptance of the money appropriated by subsection 1, the Governor’s Advisory Council on Education Relating to the Holocaust agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Council through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.
Amend the title of the bill, first line, by deleting “Education” and inserting “Administration”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Department of Administration for distribution of grant of money to Governor’s Advisory Council on Education Relating to the Holocaust for carrying out duties of Council and continuing its educational programs. (BDR S‑1434)”.
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. 522.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1177.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting: “the sum of $220,400 for:
1. Minor remodeling of the Grant Sawyer State Office Building; and
2. Moving expenses of various agencies to and from the Grant Sawyer State Office Building.”.
Amend the title of the bill by deleting the second line and inserting: “of Administration for certain expenses related to the”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Buildings and Grounds Division of Department of Administration for moving expenses of various agencies to and from, and minor remodeling of, Grant Sawyer State Office Building. (BDR S‑1356)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 305, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators McGinness, Porter and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 305.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 370, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Porter, Amodei and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 370.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 394, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Washington, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 394.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 399, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Porter, McGinness and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 399.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 466, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Porter, Amodei and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 466.
Madam President appointed Senators James, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 25.
Madam President appointed Senators James, McGinness and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 83.
Madam President appointed Senators Porter, McGinness and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 171.
Madam President appointed Senators Amodei, Jacobsen and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 303.
Madam President appointed Senators Rhoads, Coffin and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 357.
Madam President appointed Senators Amodei, Washington and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 377.
Madam President appointed Senators James, McGinness and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 551.
Senator Raggio moved that the Senate recess until 5 p.m.
Motion carried.
Senate in recess at 3:35 p.m.
SENATE IN SESSION
At 5:44 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 1, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 21; Senate Bills Nos. 139, 194, 207, 321, 402, 431, 432, 435, 436, 437, 438, 439, 440, 441, 448, 450, 455, 456, 457, 461, 478.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 460, 597.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 208, Amendment No. 1169; Senate Bill No. 531, Amendment Nos. 823, 991, 1168; Senate Bill No. 574, Amendment No. 1170, 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 adopted Senate Concurrent Resolutions Nos. 51, 52, 53.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1153 to Assembly Bill No. 618.
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. 1064 to Assembly Bill No. 94.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 202, Assembly Amendment No. 824, and requests a conference, and appointed Assemblymen Bache, Humke and Mortenson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 399, Assembly Amendment No. 880, and requests a conference, and appointed Assemblymen Smith, Manendo and Cegavske as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 489, Assembly Amendment No. 859, and requests a conference, and appointed Assemblymen Bache, Berman and Mortenson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 524, Assembly Amendment No. 1011, and requests a conference, and appointed Assemblymen Collins, Lee and Carpenter as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Nolan and Ohrenschall as a first Conference Committee concerning Assembly Bill No. 54.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen McClain, Claborn and Nolan as a first Conference Committee concerning Assembly Bill No. 246.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Brower and Williams as a first Conference Committee concerning Assembly Bill No. 500.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 21.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 460.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 597.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 33.
The following Assembly amendment was read:
Amendment No. 742.
Amend the bill as a whole by renumbering section 1 as sec. 12 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, the term includes an electronic will.
Sec. 3. “Electronic record” means a record created, generated or stored by electronic means.
Sec. 4. “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 5. “Electronic will” means a testamentary document that complies with the requirements of section 9 of this act.
Sec. 6. “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.
Sec. 7. NRS 132.025 is hereby amended to read as follows:
132.025 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 132.070 is hereby amended to read as follows:
132.070 “Codicil” means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;
(3) Any attempted alteration of the authoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.
3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.
4. An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or
(b) Maintained by the testator at his place of business in this state or at his residence in this state.
5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.
6. As used in this section:
(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.
(b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.
(c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
Sec. 10. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.
Sec. 11. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the names of the devisees.
(e) The testator’s handwritten signature [.] or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testator’s death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 14 and 15 and adding a new section, designated sec. 13, following section 1, to read as follows:
“Sec. 13. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
3. As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.”.
Amend the bill as a whole by renumbering sections 4 through 15 as sections 17 through 28 and adding a new section designated sec. 16, following sec. 3, to read as follows:
“Sec. 16. Chapter 136 of NRS is hereby amended by adding thereto a new section to read as follows:
An electronic will may be proved by authentication satisfactory to the court.”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 30 and 31 and adding a new section designated sec. 29, following sec. 15, to read as follows:
“Sec. 29. NRS 150.310 is hereby amended to read as follows:
150.310 1. If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom the property was, is or may be transferred or to whom any benefit accrues, except:
[1.] (a) Where a testator otherwise directs in his will.
[2.] (b) Where by written instrument , including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.
2. As used in this section, “electronic trust” has the meaning ascribed to it in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 18 as sec. 44 and adding new sections designated sections 32 through 43, following sec. 17, to read as follows:
“Sec. 32. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.
Sec. 33. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.
Sec. 34. As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in section 5 of this act or an electronic trust as defined in section 38 of this act, as appropriate.
Sec. 35. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 36 to 39, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 36. “Electronic record” has the meaning ascribed to it in section 3 of this act.
Sec. 37. “Electronic signature” has the meaning ascribed to it in section 4 of this act.
Sec. 38. “Electronic trust” means a trust instrument that complies with the requirements of section 40 of this act.
Sec. 39. “Record” has the meaning ascribed to it in section 6 of this act.
Sec. 40. 1. An electronic trust is a trust instrument that:
(a) Is written, created and stored in an electronic record;
(b) Contains the electronic signature of the settlor; and
(c) Meets the requirements set forth in this chapter for a valid trust.
2. An electronic trust shall be deemed to be executed in this state if the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the trust instrument at his place of business in this state or at his residence in this state; or
(b) Maintained by the settlor at his place of business in this state or at his residence in this state, or by the trustee at his place of business in this state or at his residence in this state.
3. The provisions of this section do not apply to a testamentary trust.
Sec. 41. NRS 163.008 is hereby amended to read as follows:
163.008 1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
(a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or
(b) A written instrument , including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if he is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. By an expressed intention of the testator or settlor [so] to do so contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time [of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in NRS 163.265 to 163.410, inclusive, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal income, gift, estate or inheritance tax.
3. This section does not prevent the incorporation of the powers enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of instrument or agreement.
4. As used in this section, “electronic will” has the meaning ascribed to it in section 5 of this act.
Sec. 43. NRS 163.590 is hereby amended to read as follows:
163.590 1. [A] Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its affect upon the dispositions made by the trust.”.
Amend the bill as a whole by renumbering sec. 19 as sec. 46 and adding a new section designated sec. 45, following sec. 18, to read as follows:
“Sec. 45. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee must qualify. Thereafter the court has jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
4. As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 20 as sec. 48 and adding a new section designated sec. 47, following sec. 19, to read as follows:
“Sec. 47. Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.”.
Amend the title of the bill, first line, after “probate;” by inserting: “providing for the use of electronic wills and electronic trusts;”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 33.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 49.
The following Assembly amendment was read:
Amendment No. 741.
Amend sec. 20, page 3, line 4, after “trusts;” by inserting “or”.
Amend sec. 20, page 3, by deleting lines 7 and 8 and inserting “104A.2532, inclusive.”.
Amend sec. 21, page 3, line 15, before “The” by inserting “1.”.
Amend sec. 21, page 3, between lines 17 and 18, by inserting:
“2. The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 101 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.”.
Amend sec. 24, pages 3 and 4, by deleting lines 47 through 49 on page 3 and lines 1 through 4 on page 4, and inserting: “electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.”.
Amend sec. 24, page 4, line 11, by deleting “4,” and inserting “6,”.
Amend sec. 24, page 4, by deleting lines 19 through 24 and inserting:
“4. A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:
(a) The cancellation or termination of service by a public utility;
(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy life insurance, excluding annuities; or
(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.
5. A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction to be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction”.
Amend sec. 28, page 5, by deleting line 29 and inserting:
“(b) Remains accessible to all persons who are legally entitled to access to the record, for the period required by law, in a form that is capable of being accurately reproduced for later reference.”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 49.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators O'Connell, Titus and Porter as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 62.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 63, 150, 247, 265, 395, 401, 466, 487, 553, 568; Senate Concurrent Resolution No. 24; Assembly Bills Nos. 187, 189, 285, 454, 507, 517, 524, 527, 529, 531, 532, 533, 598, 627; Assembly Concurrent Resolution No. 37.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Mike McDonald.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Bryn Gamble Nebeker, Sean Gamble and Shelba Gamble.
Senator Raggio moved that the Senate adjourn until Saturday, June 2, 2001 at 10 a.m.
Motion carried.
Senate adjourned at 5:50 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate