THE SIXTY-SIXTH DAY
Carson City (Wednesday), April 9, 2003
Assembly called to order at 11:15 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Bruce Henderson.
Dear God, we have a lot on our plates here. We’re occupied with hearings and bills and taxes and meetings, and a war is going on. There’s so much, I don’t even know what to pray. Help! Thank You.
Amen.
Pledge of Allegiance to the Flag.
Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 493, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
David Goldwater, Chairman
Mr. Speaker:
Your Committee on Education, to which were referred Assembly Bills Nos. 234, 509, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Education, to which was referred Assembly Bill No. 52, 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 Education, to which was referred Assembly Bill No. 138, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on
Elections, Procedures, and Ethics, to which was referred
Assembly Bill No. 292, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Concurrent Committee
on Government Affairs, to which was referred
Assembly Bill No. 392, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Mark Manendo, Chairman
Mr. Speaker:
Your Committee on
Judiciary, to which was referred Assembly Bill No. 117, 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 was referred Assembly Bill No. 448, 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 was referred Assembly Bill No. 103, 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 Judiciary, to which was referred Assembly Bill No. 108, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 287, 486, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Tom Collins, Chairman
Mr. Speaker:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 205, 437, 531, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David Parks, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 299, 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 was referred Assembly Bill No. 226, 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 Transportation, to which was referred Assembly Bill No. 518, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 69, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of Histories on Senate bills on Introduction be dispensed with for this legislative day.
Motion carried.
Assemblyman Goldwater moved that Assembly Bill No. 493 be re-referred to the Committee on Ways and Means.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 7, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day passed
Senate Bill No. 394.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 15, 16, 24, 181, 199, 236, 277, 329.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended, Senate Concurrent Resolution No. 19.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 9, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 273, 467, 482, 515, and 516.
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Mark Stevens |
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Fiscal Analysis Division |
Senate Concurrent Resolution No. 19.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 543—AN ACT relating to taxation; repealing the credit against the general tax on insurance premiums for certain assessments paid by insurers providing industrial insurance; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 15.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 16.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 24.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 181.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 199.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 236.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 277.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 329.
Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 394.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Bill No. 79 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblyman Goldwater.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 13.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 31.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 175.552 is hereby amended to read as follows:
175.552 1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.
(b) If the finding is made upon a plea of guilty or
guilty but mentally ill or a trial without a jury and the death penalty is
sought, the separate penalty hearing must be conducted before a [panel of
three district judges,] jury impaneled for that purpose, as soon as
practicable.
(c) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted before the judge who conducted the trial or who accepted the plea, as soon as practicable.
2. In a case in which the death penalty is not sought, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, his attorney, if any, and the prosecuting attorney.
3. In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the Constitution of the State of Nevada may be introduced. The State may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
4. In a case in which the death penalty is not sought, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.
Sec. 2. NRS 175.554 is hereby amended to read as follows:
175.554 In cases in which the death penalty is sought:
1. [If the penalty hearing is conducted before a
jury, the] The court shall instruct the jury at the end of the penalty
hearing, and shall include in its instructions the aggravating
circumstances alleged by the prosecution upon which evidence has been presented
during the trial or at the hearing. The court shall also instruct the jury as
to the mitigating circumstances alleged by the defense upon which evidence has
been presented during the trial or at the hearing.
2. The jury [or the panel of judges] shall
determine:
(a) Whether an aggravating circumstance or circumstances are found to exist;
(b) Whether a mitigating circumstance or circumstances are found to exist; and
(c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.
3. The jury [or the panel of judges] may impose
a sentence of death only if it finds at least one aggravating circumstance and
further finds that there are no mitigating circumstances sufficient to outweigh
the aggravating circumstance or circumstances found.
4. If a jury [or a panel of judges] imposes a
sentence of death, [the court shall enter its finding in the record, or]
the jury shall render a written verdict signed by the foreman. The [finding
or] verdict must designate the aggravating circumstance or circumstances
which were found beyond a reasonable doubt, and must state that there are no
mitigating circumstances sufficient to outweigh the aggravating circumstance or
circumstances found.”.
Amend section 1, page 2, line 5, before “shall” by inserting: “or accepted the plea of guilty”.
Amend section 1, page 2, by deleting lines 6 and 7 and inserting: “defendant to life without the possibility of parole.”.
Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 6 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
“Sec. 4. NRS 176.495 is hereby amended to read as follows:
176.495 1. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction was had must, upon the application of the Attorney General or the district attorney of the county in which the conviction was had, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the Director of the Department of Corrections.
2. The warrant must state the conviction and judgment and appoint a week, the first day being Monday and the last day being Sunday, within which the judgment is to be executed. The first day of that week must be not less than 15 days nor more than 30 days after the date of the warrant. The Director shall execute a sentence of death within the week the judgment is to be executed, as designated by the district court. The Director may execute the judgment at any time during that week if a stay of execution is not entered by a court of appropriate jurisdiction.
[3. Where sentence was imposed by a district court
composed of three judges, the district judge before whom the confession or plea
was made, or his successor in office, shall designate the week of execution,
the first day being Monday and the last day being Sunday, and sign the
warrant.]
Sec. 5. NRS 177.055 is hereby amended to read as follows:
177.055 1. When upon a plea of not guilty a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or his counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the Supreme Court, which shall consider, in a single proceeding if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(d) Whether the sentence of death is excessive, considering both the crime and the defendant.
3. The Supreme Court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new
penalty hearing [:
(1) If the original penalty hearing was before a
jury,] before a newly impaneled jury; or
[(2) If the original penalty hearing was before a
panel of judges, before a panel of three district judges which must consist,
insofar as possible, of the members of the original panel; or]
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.”.
Amend sec. 3, page 2, by deleting line 13 and inserting:
“Sec. 6. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The district attorney for each county shall”.
Amend sec. 3, page 2, line 16, by deleting the comma.
Amend sec. 3, page 2, by deleting line 17 and inserting: “or voluntary manslaughter. The district”.
Amend the bill as a whole by deleting sections 4 through 6.
Amend sec. 7, page 6, by deleting line 24 and inserting:
“Sec. 7. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
Not later than March 1 of each odd-numbered year,”.
Amend sec. 7, page 6, line 29, by deleting: “district courts and”.
Amend sec. 7, page 6, line 30, by deleting: “sections 3 and 4” and inserting “section 6”.
Amend the bill as a whole by adding new sections designated sections 8 and 9 and the text of repealed sections, following sec. 7, to read as follows:
“Sec. 8. NRS 175.558 and 175.562 are herby repealed.
Sec. 9. This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTIONS
175.558 Procedure when person is convicted upon plea of guilty or guilty but mentally ill or upon trial without jury and death penalty is sought. When any person is convicted of murder of the first degree upon a plea of guilty or guilty but mentally ill, or a trial without a jury, and the death penalty is sought, the Supreme Court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.
175.562 Procedure when panel of judges unable to obtain concurrence of majority for sentence less than death. If the concurrence of a majority cannot be had for any sentence less than death, the Supreme Court shall appoint a new panel of three district judges, none of whom was a member of the original panel, or a succession of such new panels if required. The new panel may in its discretion either give sentence upon the record of the evidence heard before the original panel or supplement the record by recalling the former witnesses or calling new ones. If the panel calls new witnesses, the State and the defendant are each entitled to call new witnesses or offer other evidence relevant to the new testimony. The same vote is required for the giving of sentence by the new panel as by the original panel.”.
Amend the title of the bill to read as follows:
“AN ACT relating to criminal procedure; eliminating the panel of judges that conducts the penalty hearing in certain cases in which the death penalty is sought; requiring district attorneys to submit certain information to the Supreme Court concerning cases involving homicide; requiring the Supreme Court to prepare and submit an annual report providing a summary and analysis of that information to the Legislature; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Eliminates panel of judges in certain penalty hearings in which death penalty is sought and requires district attorneys to report certain information concerning certain homicides to Supreme Court. (BDR 14‑197)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson, Geddes, Leslie, and Horne.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 13 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted,
engrossed, and to the Committee on
Ways and Means.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 126 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 16.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 70.
Amend sec. 2, page 2, line 17, after “of” by inserting “all”.
Amend sec. 2, page 2, line 18, after “State” by inserting: “, an investigating agency and the court”.
Amend sec. 2, page 2, by deleting lines 23 and 24 and inserting:
“5. The court shall hold a hearing on a petition filed pursuant to this section.”.
Amend sec. 2, page 2, line 27, by deleting “probability” and inserting “possibility”.
Amend sec. 2, page 2, by deleting lines 31 through 33 and inserting:
“(b) The evidence to be analyzed exists; and”.
Amend sec. 2, page 3, by deleting lines 4 through 8 and inserting: “subdivisions, when possible; and
(2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.”.
Amend sec. 2, page 3, by deleting lines 37 through 39 and inserting:
“(a) Submission of a biological specimen by him to determine his genetic marker information; and”.
Amend sec. 2, page 4, between lines 4 and 5, by inserting:
“13. The remedy provided by this section is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime and under sentence of death.”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 5 and 6.
Amend the title of the bill, sixth line, by deleting: “making an appropriation;”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 16 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted,
engrossed, and to the Committee on
Ways and Means.
Assembly Bill No. 32.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 126.
Amend the bill as a whole by renumbering section 1 as sec. 9 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:
“Section 1. NRS 703.010 is hereby amended to read as follows:
703.010 As used in this chapter, unless the context otherwise requires:
1. “Affected governmental entity” means a governmental entity for which a tax, fee or assessment is collected pursuant to section 8, 9 or 15 of this act.
2. “Alternative seller” means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.
[2.] 3. “Commission” means the Public
Utilities Commission of Nevada.
4. “Eligible customer” has the meaning ascribed to it in NRS 704B.080.
Sec. 2. NRS 703.190 is hereby amended to read as follows:
703.190 1. Except as otherwise provided in this section, all biennial reports, records, proceedings, papers and files of the Commission must be open at all reasonable times to the public.
2. The Commission shall, upon receipt of a request from
a public utility, alternative seller, provider of discretionary natural gas
service or eligible customer, prohibit the disclosure of any applicable information
in [its] the possession of the Commission or an affected
governmental entity concerning the public utility , alternative seller,
provider of discretionary natural gas service or eligible customer, if the
Commission determines that the information would otherwise be entitled to
protection as a trade secret or confidential commercial information pursuant to
NRS 49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of Civil Procedure.
Upon making such a determination, the Commission shall establish the period
during which the information must not be disclosed and a procedure for
protecting the information during and after that period.
Sec. 3. NRS 703.191 is hereby amended to read as follows:
703.191 1. Each public utility that is regulated by the Commission or elects to be regulated under an alternative plan of regulation pursuant to NRS 704.997, and each alternative seller, provider of discretionary natural gas service and eligible customer shall:
(a) Keep uniform and detailed accounts of all applicable
business transacted in this state [in the manner] as required
by the Commission by regulation, and render them to the Commission or an
affected governmental entity upon its request.
(b) Furnish an annual report to the Commission and
each affected governmental entity in the form and detail which [it] the
Commission prescribes by regulation.
2. The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.
3. If the Commission or an affected governmental
entity finds that necessary information is not contained in a report
submitted pursuant to this section, [it] the Commission or affected
governmental entity may call for the omitted information at any time.
Sec. 4. NRS 703.195 is hereby amended to read as follows:
703.195 1. Except as otherwise provided in subsection
2, any Commissioner , [or] any officer or employee of the
Commission who is designated by the Commission, or any officer or employee
of an affected governmental entity who is designated by the affected
governmental entity may examine during regular business hours the books,
accounts, records, minutes, papers and property of any public utility ,
alternative seller, provider of discretionary natural gas service or eligible
customer who does business in this state, regardless of whether [or
not] the book, account, record, minutes, paper or property is located
within this state.
2. No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the Commission determines that the examination is required to protect the interests of the public.
3. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the employee;
(e) The qualifications required for the position held by the employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee was terminated.
Sec. 5. NRS 703.196 is hereby amended to read as follows:
703.196 1. Any books, accounts, records, minutes,
papers and property of any public utility , alternative seller, provider of
discretionary natural gas service or eligible customer that are subject to
examination pursuant to
NRS 703.190 or 703.195 and are made available to the Commission, any officer or
employee of the Commission, an affected governmental entity, any officer or
employee of an affected governmental entity, the Bureau of Consumer
Protection in the Office of the Attorney General or any other person under the
condition that the disclosure of such information to the public be withheld or
otherwise limited, must not be disclosed to the public unless the Commission
first determines that the disclosure is justified.
2. The Commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such information.
3. If the Commission closes a hearing to receive or examine such information, it shall:
(a) Restrict access to the records and transcripts of such hearings without the prior approval of the Commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and
(b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the Commission.
4. A representative of the regulatory operations staff of the Commission and the Bureau of Consumer Protection:
(a) May attend any closed hearing held pursuant to this section; and
(b) Have access to any records or other information determined to be confidential pursuant to this section.
5. The Commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the Commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the Commission determines may not be disclosed must be kept under seal.
Sec. 6. NRS 703.380 is hereby amended to read as follows:
703.380 1. Unless another penalty is specifically provided, any public utility , alternative seller, provider of discretionary natural gas service or eligible customer, or any officer, agent or employee of a public utility , alternative seller, provider of discretionary natural gas service or eligible customer who:
(a) Violates any [of the provisions] applicable
provision of this chapter or [chapters] chapter 704, 704B,
705 [and] or 708 of NRS;
(b) Violates any rule or regulation of the Commission; or
(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,
is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.
2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the Commission.
3. Subject to the approval of the court, any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
4. Any penalty assessed pursuant to this section is not
a cost of service [by the] of a public utility and may not be
included in any new application by a public utility for a rate adjustment or
rate increase.
Sec. 7. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. Each provider of discretionary natural gas service shall:
(a) Collect from each customer who is purchasing natural gas from the provider of discretionary natural gas service any tax, fee or assessment that would be due a governmental entity had the customer continued to purchase natural gas from a public utility that was regulated fully by the Commission pursuant to NRS 704.001 to 704.960, inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.
2. Each person who is responsible for billing a customer who is purchasing natural gas from a provider of discretionary natural gas service shall ensure that the amount which the customer must pay pursuant to this section is set forth as a separate item or entry on each bill submitted to the customer.
3. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any license or other authority conferred by the Commission upon a provider of discretionary natural gas service if the Commission, after providing an appropriate notice and hearing, determines that the provider of discretionary natural gas service has failed to pay the tax, fee or assessment.”.
Amend section 1, page 1, by deleting lines 1 and 2.
Amend section 1, page 1, line 3, before “1.” by inserting “Sec. 9.”.
Amend section 1, page 1, lines 4 and 5, by deleting “shall collect” and inserting: “shall:
(a) Collect”.
Amend section 1, page 1, line 10, by deleting “inclusive.” and inserting: “inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.”.
Amend section 1, page 2, line 1, by deleting “shall collect” and inserting: “shall:
(a) Collect”.
Amend section 1, page 2, line 6, by deleting “inclusive.” and inserting: “inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.”.
Amend section 1, page 2, between lines 12 and 13, by inserting:
“4. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any license or other authority conferred by the Commission upon a public utility or alternative seller if the Commission, after providing an appropriate notice and hearing, determines that the public utility or alternative seller has failed to pay the tax, fee or assessment.”.
Amend the bill as a whole by renumbering sections 2 through 6 as sections 13 through 17 and adding new sections designated sections 10 through 12, following section 1, to read as follows:
“Sec. 10. NRS 704.635 is hereby amended to read as follows:
704.635 When a complaint has been filed with the
Commission alleging that a person is providing a service which requires a
certificate of public convenience and necessity, or when the Commission has
reason to believe that any provision of NRS 704.005 to 704.751, inclusive, and
section 8 of this act is being violated, the Commission shall investigate
the operation and may, after a hearing, issue an order requiring that the
person cease and desist from any operation in violation of NRS 704.005 to
704.751, inclusive [.] , and section 8 of this act. The
Commission shall enforce the order under the powers vested in the Commission by
NRS 704.005 to 704.751, inclusive, and section 8 of this act or other
law.
Sec. 11. NRS 704.640 is hereby amended to read as follows:
704.640 Except as otherwise provided in NRS 704.281 to 704.284, inclusive, any person who:
1. Operates any public utility to which NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive, and section 9 of this act apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS
704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to
704.999, inclusive, and section 9 of this act or by the Commission
pursuant to NRS 704.005 to 704.751, inclusive, and section 8 of this act and
704.993 to 704.999, inclusive [;] , and section 9 of this act;
3. Violates, or procures, aids or abets the violating
of any provision of NRS 704.005 to 704.751, inclusive, and section 8 of this
act and 704.993 to 704.999, inclusive [;] , and section 9 of this
act;
4. Fails to obey any order, decision or regulation of the Commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise
holds himself out to perform as a public utility in violation of any of the
provisions of
NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993
to 704.999, inclusive, and section 9 of this act,
shall be fined not more than $500.
Sec. 12. NRS 704.660 is hereby amended to read as follows:
704.660 1. Any public utility which furnishes, for compensation, any water for domestic purposes shall furnish each city, town, village or hamlet which it serves with a reasonably adequate supply of water at reasonable pressure for fire protection and at reasonable rates, all to be fixed and determined by the Commission.
2. The duty to furnish a reasonably adequate supply of water provided for in subsection 1 includes the laying of mains with all necessary connections for the proper delivery of the water for fire protection and also the installing of appliances to assure a reasonably sufficient pressure for fire protection.
3. The Commission may fix and determine reasonable rates and prescribe all installations and appliances adequate for the proper utilization and delivery of water for fire protection. The Commission may adopt regulations and practices to be followed by a utility in furnishing water for fire protection, and has complete jurisdiction of all questions arising under the provisions of this section.
4. All proceedings under this section must be conducted
pursuant to
NRS 703.320 to 703.370, inclusive, and 704.005 to 704.645, inclusive [.]
, and section 8 of this act. All violations of any order made by the
Commission under the provisions of this section are subject to the penalties
for similar violations of the provisions of NRS 704.005 to 704.645, inclusive
[.] , and section 8 of this act.
5. This section applies to and governs all public utilities furnishing water for domestic use on March 26, 1913, unless otherwise expressly provided in the charters, franchises or permits under which those utilities are acting. Each public utility which supplies water for domestic uses after March 26, 1913, is subject to the provisions of this section, regardless of any conditions to the contrary in any charter, franchise or permit of whatever character granted by any county, city, town, village or hamlet within this state, or of any charter, franchise or permit granted by any authority outside this state.”.
Amend sec. 2, page 2, line 15, by deleting “1” and inserting “9”.
Amend sec. 3, page 2, line 44, by deleting “1” and inserting “9”.
Amend sec. 4, page 3, lines 14 and 15, by deleting: “to pay:
(a) Its” and inserting: “to:
(a) Pay its”.
Amend sec. 4, page 3, line 17, by deleting “and”.
Amend sec. 4, page 3, line 18, by deleting “Any” and inserting “Pay any”.
Amend sec. 4, page 3, line 21, by deleting “utility.” and inserting: “utility; and
(c) Remit any tax, fee or assessment collected pursuant to paragraph (b) to the applicable governmental entity.”.
Amend sec. 4, page 3, line 24, by deleting “this section” and inserting: “paragraph (b) of subsection 1”.
Amend sec. 4, page 3, between lines 26 and 27, by inserting:
“3. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 and 704B.320 if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer has failed to pay the tax, fee or assessment.”.
Amend sec. 5, page 5, line 20, by deleting “4” and inserting “15”.
Amend the title of the bill to read as follows:
“AN ACT relating to energy; prohibiting the disclosure of certain information concerning alternative sellers, providers of discretionary natural gas service and eligible customers; requiring certain public utilities, alternative sellers, providers of discretionary natural gas service and eligible customers to keep uniform and detailed accounts of all applicable business transacted in this state and to furnish an annual report to the Commission and affected governmental entities; imposing a civil penalty against an alternative seller, provider of discretionary natural gas service or eligible customer who violates certain provisions; requiring an eligible customer and a customer of a public utility, alternative seller and provider of discretionary natural gas service to pay certain taxes, fees and assessments relating to the purchase of natural gas or energy, capacity or ancillary services under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises certain provisions governing public utilities, alternative sellers, providers of discretionary natural gas service and eligible customers. (BDR 58‑626)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 92.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 167.
Amend sec. 2, page 6, by deleting lines 1 through 4 and inserting:
“3. A form that a filing office may not refuse to accept under subsection 1 or 2 must conform to the format prescribed for the form by the National Conference of Commissioners on Uniform State Laws.”.
Amend sec. 2, page 7, line 1, by deleting “ 4.]
3.” and inserting “4.”.
Amend sec. 4, page 8, by deleting lines 2 and 3 and
inserting: “must [:] be on a form authorized by NRS 104.9521 for the
type of”.
Amend the bill as a whole by deleting sec. 5.
Amend the title of the bill by deleting the fourth and fifth lines and inserting: “form for the filing and recording of certain documents; and”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 100.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 217.
Amend sec. 4, page 6, line 4, by deleting: “October 1, 2003.” and inserting: “January 1, 2005.”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. This act becomes effective on January 1, 2005.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 143.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 199.
Amend sec. 3, page 2, line 41, by deleting “impose” and inserting “enforce”.
Amend sec. 7, page 5, line 30, by deleting: “Within a reasonable time” and inserting: “Not less than 7 days”.
Amend sec. 7, page 5, line 33, by deleting “and” and inserting “or”.
Amend sec. 7, page 5, line 34, by deleting “any other” and inserting “the”.
Amend the title of the bill to read as follows:
“AN ACT relating to labor; revising various provisions relating to the enforcement of the labor laws by the Labor Commissioner; authorizing the Labor Commissioner to impose administrative penalties for certain violations of the labor laws and regulations; requiring the Labor Commissioner to follow certain procedures before enforcing administrative penalties; revising provisions relating to the issuance of subpoenas and the settlement of certain matters; prohibiting employers from changing regular paydays or the place of payment without providing advance written notice to employees; prohibiting employers from paying employees a lower wage, salary or compensation than the amount earned by the employees when the work was performed; prohibiting employers from decreasing the wage, salary or compensation of employees without providing advance written notice to the employees under certain circumstances; clarifying certain provisions of the labor laws; providing penalties; and providing other matters properly relating thereto.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 146.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 198.
Amend section 1, pages 2 and 3, by deleting lines 32 through 45 on page 2 and lines 1 through 6 on page 3, and inserting:
“(a) [Satisfactory completion of 1 year of courses in
engineering that are approved by the Board, by a person who has not graduated
from an engineering curriculum, is equivalent to 1 year of active experience in
engineering.
(b) Graduation from a college or university in a
field other than engineering is equivalent to 2 years of active experience.
(c)] Four of the 10 years of active experience
may be satisfied by the completion of course work, but not more than 2 of the 4
years may be satisfied by course work that is not approved by the Board. Course
work approved by the Board for the purposes of this paragraph must be related
to engineering.
(b) Two of the 10 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.
[(d)] (c) The execution, as a contractor,
of work designed by a professional engineer or the supervision of the
construction of that work as a foreman or superintendent, is not equivalent to
active experience in engineering.”.
Amend sec. 3, page 5, by deleting lines 10 through 28 and inserting:
“(a) [Satisfactory completion of 1 year of courses in
land surveying that are approved by the Board, by a person who has not
graduated from a land-surveying curriculum, is equivalent to 1 year of active
experience in land surveying.
(b) Graduation from a college or university in a field
other than land surveying is equivalent to 2 years of active experience.
(c)] Four of the 10 years of active experience
may be satisfied by the completion of course work, but not more than 2 of the 4
years may be satisfied by course work that is not approved by the Board. Course
work approved by the Board for the purposes of this paragraph must be related
to land surveying.
(b) Two of the 10 years of active experience must have been completed by working under the direct supervision of a person who is a professional land surveyor unless that requirement is waived by the Board.
[(d)] (c) The execution, as a contractor,
of work designed by a professional land surveyor or the supervision of the
construction of that work, as a foreman or superintendent, is not equivalent to
active experience in land surveying.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater and Beers.
Potential conflict of interest declared by Assemblyman Beers.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 151.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 219.
Amend sec. 2, page 2, by deleting lines 12 and 13 and inserting:
“(a) Appoint [the] a public guardian ,
who serves at the pleasure of the board, for a term of 4 years from the day
of appointment;”.
Amend sec. 3, page 2, by deleting line 22 and inserting: “guardian before the expiration of a normal term, the vacancy”.
Amend sec. 3, page 2, line 24, by deleting “district
court” and inserting: “[district court] board of county commissioners”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 160.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 142.
Amend the bill as a whole by deleting sections 1 through 16, renumbering sections 17 through 21 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.
2. An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.
3. The Welfare Division of the Department of Human Resources, in consultation with the Judicial Council of the State of Nevada and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.
Sec. 2. NRS 33.017 is hereby amended to read as follows:
33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:
1. “Extended order” means an extended order for protection against domestic violence.
2. “Temporary order” means a temporary order for protection against domestic violence.”.
Amend sec. 18, page 6, line 20, by deleting: “19 to
26,” and inserting:
“5 to 13,”.
Amend sec. 19, page 6, by deleting lines 22 through 24 and inserting:
“Sec. 5. As used in sections 5 to 13, inclusive, of this act, the words and terms defined in sections 6 to 9, inclusive, of this act have the meanings ascribed to them in those sections.”.
Amend the bill as a whole by renumbering sections 22 through 28 as sections 9 through 15, and adding a new section, designated sec. 8, following sec. 21, to read as follows:
“Sec. 8. “Victim” means a person who alleges that an act of domestic violence or sexual assault has been committed against the person.”.
Amend sec. 22, page 6, by deleting lines 30 and 31 and inserting: “a nonprofit program that provides assistance to victims with or without compensation”.
Amend sec. 23, page 6, by deleting lines 33 through 35 and inserting:
“Sec. 10. 1. A communication shall be deemed to be confidential if the communication is between a victim and a victim’s advocate and is not intended to be”.
Amend sec. 23, page 6, line 37, by deleting “1.” and inserting “(a)”.
Amend sec. 23, page 6, line 39, by deleting “2.” and inserting “(b)”.
Amend sec. 23, page 6, line 41, by deleting “3.” and inserting “(c)”.
Amend sec. 23, page 6, following line 43, by inserting:
“2. As used in this section, “communication” includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of:
(a) The victim’s advocate; or
(b) The nonprofit program for whom the victim’s advocate works.”.
Amend sec. 24, page 6, line 44, by deleting “26” and inserting “13”.
Amend sec. 24, page 6, by deleting line 45 and inserting: “act, a victim who seeks”.
Amend sec. 24, page 7, line 4, by deleting “23” and inserting “10”.
Amend sec. 25, page 7, line 5, by deleting “24” and inserting “11”.
Amend sec. 25, page 7, by deleting line 7 and inserting:
“(a) The victim;”.
Amend sec. 26, page 7, line 13, by deleting “24” and inserting “11”.
Amend sec. 27, page 7, lines 33, 37 and 43, by deleting: “sections 3 to 16, inclusive,” and inserting “section 1”.
Amend sec. 28, page 8, line 34, deleting: “sections 3 to 16, inclusive,” and inserting “section 1”.
Amend the title of the bill to read as follows:
“AN ACT relating to persons in need of protection; requiring a court to order an assignment of income in an extended order if the order includes an order for support of a child in certain circumstances; authorizing a court to seal records and waive publication concerning a change of name when the person proves that his personal safety is at risk; providing for privileged communications between victims of domestic violence or sexual assault and their advocates; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 126 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 163.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 71.
Amend section 1, page 2, line 7, after “conceal” by inserting: “, or cause to be destroyed, altered, erased, obliterated or concealed,”.
Amend section 1, page 2, line 8, after “record” by inserting: “, including, without limitation, any electronic record,”.
Amend sec. 5, page 3, line 31, after “regulations” by inserting: “or any standards adopted pursuant to such regulations”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 233.
Bill read second time and ordered to third reading.
Assembly Bill No. 294.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 200.
Amend section 1, page 1, line 3, before “An” by inserting “1.”.
Amend section 1, page 1, line 4, after “or” by inserting “chapter”.
Amend section 1, page 2, by deleting lines 1 through 6 and inserting: “of permanent total disability benefits that includes a restrictive endorsement.
2. An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability or rehabilitation maintenance benefits that includes a restrictive endorsement.
3. If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must:
(a) Clearly and accurately state the restrictive conditions; and
(b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; prohibiting an insurer from issuing a check for the payment of benefits for permanent total disability that includes a restrictive endorsement; providing that an insurer may issue a check for the payment of certain benefits for industrial insurance that includes a restrictive endorsement; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes related to issuance of checks by insurer for payment of industrial insurance benefits. (BDR 53‑1122)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 319.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 214.
Amend sec. 2, page 1, line 9, by deleting “and”.
Amend sec. 2, page 1, by deleting lines 10 through 12 and inserting:
“(b) The executive board of the association and any master association approve the transient commercial use, unless the planned community and one or more hotels are subject to the governing documents of the master association;
(c) The zoning applicable to the unit does not prohibit or limit transient commercial use; and
(d) The person has obtained any license required by the local government for such use.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 397.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 218.
Amend the bill as a whole by deleting sections 2 and 3 and adding a new section designated sec. 2, following section 1, to read as follows.
“Sec. 2. The amendatory provisions of this act apply to any action filed on or after October 1, 2003.”.
Amend the text of the repealed section by deleting the text of NRS 37.190.
Amend the title of the bill to read as follows:
“AN ACT relating to eminent domain; prohibiting penalties from being imposed upon a person for rejecting an offer of judgment and proceeding to trial in actions concerning eminent domain regardless of the outcome of the trial; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 420.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 211.
Amend sec. 3, page 2, lines 7, 13 and 14, after “officer” by inserting “or investigator”.
Amend sec. 3, page 2, line 16, by deleting “officer:” and inserting: “officer or investigator:”.
Amend sec. 3, page 2, lines 23 and 26, after “officer” by inserting “or investigator”.
Amend sec. 6, page 3, by deleting lines 18 through 26
and inserting: “[mail in duplicate] furnish to the sheriff of the
county a full, true and correct transcript of the record of all transactions
had on the preceding day. The transcript must be furnished by mail or by any
other means, including, without limitation, by electronic or facsimile
transmission, as directed by the sheriff.
(b) Any incorporated city shall, before 12 m. of each
day, furnish [, by mail or any other means, in duplicate] to the
chief of police of the city, a full, true and correct transcript of the record
of all transactions had on the preceding day. The transcript must be
furnished by mail or by any other means, including, without limitation, by
electronic or facsimile transmission, as directed by the chief of police.”. .
Amend the title of the bill, ninth line, after “officer” by inserting “or investigator”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 459.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 5.
Resolution read second time and ordered to third reading.
Assembly Bill No. 126.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 169.
Amend section 1, page 2, by deleting lines 6 through 9 and inserting:
“2. Exploitation” means any act taken by a person who
has the trust and confidence of an older person or any use of the power of
attorney or guardianship of an older person to [obtain] :
(a) Obtain control, through”.
Amend section 1, page 2, line 13, by deleting “property. As” and inserting:
“property [.] ; or
(b) Convert, money, assets or property of the older person with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property.
As”.
Amend section 1, page 2, line 14, by deleting “ [subsection,]
paragraph,” and inserting “subsection,”.
Amend section 1, page 2 by deleting lines 16 through 24.
Amend sec. 2, page 3, by deleting lines 35 through 39 and inserting:
“(b) ”Exploitation” means any act taken by a person who
has the trust and confidence of an older person or a vulnerable person or any
use of the power of attorney or guardianship of an older person or a vulnerable
person to [obtain] :
(1) Obtain control, through deception, intimidation”.
Amend sec. 2, page 3, line 43, by deleting “property.
As” and inserting: “property [.] ; or
(2) Convert, money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property.
As”.
Amend sec. 2, page 3, line 44, by deleting “ [paragraph,]
subparagraph,” and inserting “paragraph,”.
Amend sec. 2, page 4, by deleting lines 3 through 12.
Amend the title of the bill to read as follows:
“AN ACT relating to exploitation; revising the definition of “exploitation” for the purposes of certain provisions concerning the abuse of an older person to include converting money, assets or property of the older person under certain circumstances; revising the definition of “exploitation” for the purposes of certain provisions concerning civil liability of a person for exploiting an older person or vulnerable person to include converting money, assets or property of the older or vulnerable person under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved
that upon return from the printer Assembly Bills Nos. 126 and 163 be
re-referred to the Committee on
Ways and Means.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:04 p.m.
ASSEMBLY IN SESSION
At 12:05 p.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Anderson
withdrew the motion that Assembly Bills
Nos. 126 and 163 be re-referred to the Committee on Ways and Means.
Assemblywoman Giunchigliani moved that Assembly Bill No. 233 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Assembly Bill No. 79.
Bill read third time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 266.
Amend sec. 16, page 10, by deleting lines 40 through 42 and inserting: “a managed care organization to deny all or part of a service or procedure that is proposed or being provided to an insured on the basis that it is not medically necessary or appropriate or is”.
Amend sec. 26, page 14, by deleting lines 34 through 37 and inserting:
“Sec. 26. 1. If the determination of an external review organization concerning an external review of a final adverse determination is in favor of the insured, the determination is final, conclusive and binding upon the managed care organization.”.
Amend sec. 28, page 15, by deleting lines 25 though 27 and inserting:
“(a) Upheld during the immediately preceding year.
(b) Reversed during the immediately preceding year.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
Assembly Bill No. 21.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Beers.
Roll call on Assembly Bill No. 21:
Yeas—30.
Nays—Angle, Beers, Christensen, Grady, Gustavson, Hettrick, Knecht, Leslie, Mabey, Marvel, Mortenson, Sherer—12.
Assembly Bill No. 21 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 396.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 396:
Yeas—42.
Nays—None.
Assembly Bill No. 396 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 534
Bill read third time.
Remarks by Assemblyman Goicoechea.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:19 p.m.
ASSEMBLY IN SESSION
At 12:20 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Manendo moved that Assembly Bill No. 534 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 335 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 443 be taken from the Chief Clerk's desk and placed at the top of the General File.
Motion carried.
general file and third reading
Assembly Bill No. 443.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 443:
Yeas—42.
Nays—None.
Assembly Bill No. 443 having received a constitutional majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 4.
Resolution read third time.
Remarks by Assemblyman Conklin.
Roll call on Assembly Joint Resolution No. 4:
Yeas—38.
Nays—Chowning, Claborn, McCleary, Pierce—4.
Assembly Joint Resolution No. 4 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
SECOND READING AND AMENDMENT
Assembly Bill No. 335.
Bill read second time and ordered to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no
objections, the Speaker and Chief Clerk signed
Senate Concurrent Resolution No. 27.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Atkinson,
the privilege of the floor of the Assembly Chamber for this day was extended to
Kathleen Farrell and
Diana Brown.
On request of Assemblyman
Beers, the privilege of the floor of the Assembly Chamber for this day was
extended to Brittany Clelan and
Dennis Cocking.
On request of Assemblyman
Brown, the privilege of the floor of the Assembly Chamber for this day was
extended to Keith Cooney and
Roni Davis.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Megan Waskiewicz.
On request of Assemblyman
Christensen, the privilege of the floor of the Assembly Chamber for this day
was extended to Penny Echan,
Annie Franey, and Jessi Evans.
On request of Assemblyman
Conklin, the privilege of the floor of the Assembly Chamber for this day was
extended to Kerry Hawk and
Rich Hodge.
On request of Assemblyman Geddes, the privilege of the floor of the Assembly Chamber for this day was extended to Virginia Boyar.
On request of Assemblywoman
Gibbons, the privilege of the floor of the Assembly Chamber for this day was
extended to Debi Kay Jones and
Kelley-Anne Keiper.
On request of Assemblywoman
Giunchigliani, the privilege of the floor of the Assembly Chamber for this day
was extended to Edie Grub,
Dennis Green, Kay Green, Rose Marie Price, Karen McEntire, Alice Helm, Alice
Downer, Stacie Wilke, Kathy Mills, Jackie Briggs, Sandy Borges, Debbie Fry,
Tennie Scott, Brad Scott, Doris Haberson, Gertrude Gottschalk, Sandra Hudgens,
Peggy Kelly, and Vivian Pickett.
On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Lawrence Howell and Michael Johnson.
On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Steven Kenninger and Matthew Krystofiak.
On request of Assemblyman
Griffin, the privilege of the floor of the Assembly Chamber for this day was
extended to Nancy Marzocco and
Nancy McDermid.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Richard Wiggins.
On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Laning, Karen Seale, and Randall Tod.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Cathy Habardier.
On request of
Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for
this day was extended to Rosa Molina, Kerry Lee, Lana Eng, Mischon Boucher,
Brandy Kindred, Carrie Hunter, Pedro Alvarez, Edgar Anguiano, Luz Barajas,
Johana Cervantes, Ana Karen Cholico,
Mayra Del Carmen Corona, Priscilla De La Vega, Hector Echeverria,
Andy Hernandez, Brandon Jacoby, Amanda Keefer, Diana Lara,
Jesus Lopez, Eric Morales, Maria Prado, Cinthia Ramirez, Jehovani Ruiz, Melanie
Salem, Joel Soto, Tatiana Tirona, Alvaro Trujillo, Edward Wrubel, Jing Yang,
Cynthia Acosta, Eduardo Anguiano, Lilia Barajas,
Michelle Batson, Thomas Estrada, Daron Franklin, Maria Gomez,
Aaron Hernandez, Alejandro Hernandez, Robert Martindale,
Wendy Mendez, Jair Montes, Justin Nelson, Linda Perez, Evan Prospero Vargas,
Ericka Salgado, Estefania Sanchez, Aron Sapien, Janet Segura,
John Shine, Katrina Talanoa, Michael Valencia, Bernard Barcega,
Eric Beltejar, Jasnique Body, Vanessa Casteneda, Elizabeth Castillo,
Cheryl Contreras, Joaquin Cordova, Zerafin Cortez, Miguel Garibay,
Leo Gumabo, Lilian Haro, Ashley Herzberg, Neil Lockhart, Alan Lopez, Wendy
Mederos, Eduardo Mendoza, Victor Mendoza, Ashley Minera,
Oscar Salgado Guzman, Jose Segura-Saldana, Robert Sinclair, Kera Sparks, Roxana
Vera, Sara Castillo, Lizeth Chiriboga, Victor Duran, Rachel Eamigh, Norberto
Garcia, Alejandra Gaspar, Jenica Gonzales, Gabriela Gonzalez, Raul Gonzalez,
Daniela Guajardo, Josue Guevara, Jesus Infante,
Kevin Lemus, Anthony Lopez, Ricardo Mederos, Gloria Olivera,
Pisal Pornpaladisai, Edwin Santiago, Tyler Smith, Iliana Victorio, Jesus Villa,
and Areli Zamudio.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Dorothy Pasquinelli.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Andrew Strain.
On request of Assemblyman
McCleary, the privilege of the floor of the Assembly Chamber for this day was
extended to Kathryn Reed and
Nicole Robbins.
On request of Assemblywoman Pierce, the privilege of the floor of the Assembly Chamber for this day was extended to Sierra Sneed.
On request of Assemblyman
Sherer, the privilege of the floor of the Assembly Chamber for this day was
extended to Karen Spalding,
Paula Glidden, Kelly Duffy, Patricia Cox, Don Cox, David Cox, and
Candice Trummell.
On request of Assemblywoman Weber, the privilege of the floor of the Assembly Chamber for this day was extended to Ed Slater, Cheryl Fillings, and Bill Cottrill.
Assemblywoman Buckley moved that the Assembly adjourn until Friday, April 11, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:28 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon