THE SEVENTY-FIRST DAY
Carson City (Monday) April 14, 2003
Assembly called to order at 10:09 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor John Jackson.
Dear Lord, we thank You for this bright and beautiful day. We ask for Your wisdom and discernment as we consider matters of importance to our state and to our people this day. And Lord, on the first day of the week before Easter, help us to be people filled with the hope of the Resurrection. Fill us with the hope of new life. Fill us with Your peace.
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. 433, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David Goldwater, Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 345, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation, and re-refer to the Committee on Ways and Means.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Concurrent Committee
on Government Affairs, to which was referred
Assembly Bill No. 481, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Mark Manendo, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 132, 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 were referred Assembly Bills Nos. 155, 273, 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 Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 475, 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 Concurrent Committee
on Transportation, to which was referred
Assembly Bill No. 476, has had the same under consideration, and begs leave to
report the same back with the recommendation: Without recommendation.
Vonne Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 11, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day passed
Senate Bills Nos. 281, 288, 378, 397, 433, 437, 476.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 62, 135, 149, 172.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 11, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 476 and 486.
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Mark Stevens |
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Fiscal Analysis Division |
Assemblywoman Buckley moved that the reading of Histories on Senate bills on Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 62.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 135.
Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 149.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 172.
Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 281.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 288.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 378.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 397.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 433.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 437.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 476.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 57.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 26.
Amend section 1, page 1, by deleting lines 3 through 9
and inserting:
“For the purposes of the design and construction of buildings or other
projects of this state, the Board shall adopt by regulation:
1. The seismic provisions of the International Building Code published by the International Code Council; and
2. Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.”.
Amend sec. 2, page 2, by deleting lines 22 through 29
and inserting: “heating of a structure, to the extent the local climate allows .
[, as intended by:
(a) The Uniform Building Code adopted by the
International Conference of Building Officials in the form most recently
published before March 1, 1995; and
(b) The Model Energy Code adopted by the Council of
American Building Officials in the form most recently published before March 1,
1995.]”.
Amend sec. 2, page 2, by deleting lines 33 through 36 and inserting:
“published by the International Code Council; and
(b) Standards for the investigation of hazards
relating to seismic activity, including, without limitation, potential surface
ruptures and liquefaction.”.
Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective on July 1, 2003, for the purposes of:
1. The State Public Works Board adopting the seismic provisions and standards specified in section 1 of this act; and
2. A governing body amending its building codes to include the seismic provisions and standards specified in subsection 5 of NRS 278.580, as amended by section 2 of this act, and on July 1, 2004, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to construction; requiring the State Public Works Board to adopt certain seismic standards; requiring certain governing bodies to amend their building codes to include certain seismic standards; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Requires State Public Works Board to adopt certain seismic standards and requires certain governing bodies to amend their building codes to include certain seismic standards. (BDR 28‑206)”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 225.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 56.
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 287.270 is hereby amended to read as follows:
287.270 “Deferred compensation” means income which a state employee or employee of the University and Community College System of Nevada may legally set aside under the Program, which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k), 403(b) or 457 , or any other plan authorized by any federal law to reduce taxable compensation or other forms of compensation, and which income, while invested under the Program, is exempt from federal income taxes on the employee’s contributions and interest, dividends and capital gains.”.
Amend section 1, page 1, line 7, by deleting: “[or
457.] , 457” and inserting: “or 457 [.] ,”.
Amend section 1, page 2, line 19, by deleting: “401(a) or 457(g),” and inserting: “401(a) , 401(k), 403(b) or 457(g), or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation,”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. NRS 287.340 is hereby amended to read as follows:
287.340 1. Deferrals of compensation may be withheld as deductions from the payroll in accordance with the agreement between the employer and a participating employee.
2. The amount of deferred compensation set aside by the
employer to a plan under the Program during any calendar year may not exceed
the amount authorized by 26 U.S.C. § 401(a), 401(k), 403(b) , [or]
457, or any other federal law authorizing a plan to reduce taxable
compensation or other forms of compensation, as applicable.
Sec. 4. NRS 287.350 is hereby amended to read as follows:
287.350 1. No plan in the program becomes effective and no deferral may be made until the plan meets the requirements of 26 U.S.C. § 401(a), 401(k), 403(b) or 457, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable, for eligibility.
2. Income deferred during a period in which no income tax is imposed by the State or a political subdivision may not be taxed when paid to the employee.”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 235.
Bill read second time.
The following amendment was proposed by the Committee on
Elections, Procedures, and Ethics:
Amendment No. 185.
Amend sec. 3, page 1, line 15, by deleting “intimidated.” and inserting: “intimidated, threatened or coerced.”.
Amend sec. 3, page 2, by deleting line 1 and inserting:
“5. To return a spoiled ballot and is entitled to receive”.
Amend sec. 3, page 2, line 12, by deleting “system” and inserting “standard”.
Amend sec. 4, page 2, line 16, before “The” by inserting “1.”.
Amend sec. 4, page 2, line 18, by deleting “1.” and inserting “(a)”.
Amend sec. 4, page 2, line 20, by deleting “2.” and inserting “(b)”.
Amend sec. 4, page 2, line 21, after “public;” by inserting “and”.
Amend sec. 4, page 2, by deleting lines 22 and 23.
Amend sec. 4, page 2, line 24, by deleting “4.” and inserting “(c)”.
Amend sec. 4, page 2, between lines 25 and 26, by inserting:
“2. The Secretary of State shall ensure that the Voters’ Bill of Rights is posted on his Internet website.”.
Amend sec. 5, page 2, line 26, by deleting: “of subsection 1”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 253.
Bill read second time and ordered to third reading.
Assembly Bill No. 255.
Bill read second time and ordered to third reading.
Assembly Bill No. 331.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 155.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 8 as sections 1 through 6.
Amend sec. 3, page 3, by deleting lines 36 and 37 and inserting:
“Section 1. Chapter 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.”.
Amend sec. 4, page 3, by deleting lines 38 through 42 and inserting:
“Sec. 2. 1. In addition to any other remedy provided by law, the parent or guardian of a child may petition any court of competent jurisdiction on behalf of the child for a temporary or extended order against a person who the parent or guardian reasonably believes has committed or is committing a crime involving:
(a) Physical or mental injury to the child of a nonaccidental nature; or
(b) Sexual abuse or sexual exploitation of the child.
2. If such an order on behalf of a child is granted, the court may direct the person who allegedly committed or is committing the crime to:”.
Amend sec. 4, page 3, line 44, by deleting: “victim of the alleged crime” and inserting “child”.
Amend sec. 4, page 4, line 2, by deleting: “victim of the alleged crime” and inserting “child”.
Amend sec. 4, page 4, line 5, by deleting “victim.” and inserting “child.”.
Amend sec. 4, page 4, line 6, by deleting “2.” and inserting “3.”.
Amend sec. 4, page 4, by deleting line 7 and inserting: “described in subsection 1 is released from custody”.
Amend sec. 4, page 4, line 12, by deleting: “victim of the alleged crime” and inserting: “child against whom the alleged crime was committed”.
Amend sec. 4, page 4, line 15, by deleting: “victim of the alleged crime” and inserting: “child against whom the alleged crime was committed”.
Amend sec. 4, page 4, line 18, by deleting “victim.” and inserting “child.”.
Amend sec. 4, page 4, line 19, by deleting “3.” and inserting “4.”.
Amend sec. 4, page 4, line 22, by deleting “4.” and inserting “5.”.
Amend sec. 4, page 4, line 27, by deleting “5.” and inserting “6.”.
Amend sec. 4, page 4, line 31, by deleting “6.” and inserting “7.”.
Amend sec. 5, pages 4 and 5, line 42 on page 4 and lines 4, 8 and 11 on page 5, by deleting “4” and inserting “2”.
Amend sec. 6, page 5, line 14, by deleting “4” and inserting “2”.
Amend sec. 7, page 5, lines 29, 36 and 42, by deleting “4” and inserting “2”.
Amend sec. 8, page 6, by deleting lines 1 through 4 and inserting:
“Sec. 6. 1. Upon the request of the parent or guardian of a child, the prosecuting attorney in any trial brought against a person for a crime described in subsection 1 of section 2 of this act shall inform the parent or guardian of the final disposition of the case.”.
Amend sec. 8, page 6, line 7, by deleting “victim” and inserting: “child against whom the crime was committed”.
Amend sec. 8, page 6, line 12, by deleting “victim” and inserting: “parent or guardian of the child”.
Amend the bill as a whole by deleting sections 9 through 15 and the leadlines of repealed sections and adding a new section designated sec. 7, following sec. 8, to read as follows:
“Sec. 7. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justices’ courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $7,500.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $7,500.
(c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $7,500, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $7,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $7,500 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $7,500 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $7,500.
(j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o) In small claims actions under the provisions of chapter 73 of NRS.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(r) In any action for the issuance of a temporary or extended order pursuant to section 2 of this act.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice’s court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.”.
Amend the title of the bill to read as follows:
“AN ACT relating to protective orders; providing for the issuance and enforcement of temporary and extended orders against a person who is alleged to have committed a certain type of crime against a child; providing specific authorization for the parent or guardian of a child to obtain such orders on behalf of the child; providing justices’ courts with jurisdiction over proceedings to obtain such temporary or extended orders; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance and enforcement of temporary and extended orders against person who allegedly committed certain crimes against child. (BDR 3‑956)”.
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. 354.
Bill read second time and ordered to third reading.
Assembly Bill No. 381.
Bill read second time and ordered to third reading.
Assembly Bill No. 407.
Bill read second time and ordered to third reading.
Assembly Bill No. 422.
Bill read second time and ordered to third reading.
Assembly Bill No. 444.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 240.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with tail lamps that emit nonflashing blue light which may be used:
1. For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; and
2. For all other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:
(a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and
(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present.”.
Amend section 1, page 2, line 4, by deleting “an” and
inserting: “[an] :
(a) An”.
Amend section 1, page 2, line 7, by deleting
“employment.” and inserting: “employment [.] ;
(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance for the governmental entity while he is carrying out the duties of his employment; or
(c) Any other person employed by a private entity performing highway construction or maintenance while he is carrying out the duties of his employment if the person has satisfactorily completed training as a flagman approved or recognized by the Department of Transportation.”.
Amend sec. 17, page 8, by deleting lines 13 through 17 and inserting:
“(a) A sign located before the beginning of such an area
which states that a double penalty [will] may be imposed [upon
a person who is convicted of violating the speed limit within the temporary
traffic control zone;] pursuant to this section;”.
Amend the title of the bill, first line, after “laws;” by inserting: “authorizing vehicles used by the Department of Transportation in the construction, maintenance or repair of highways to be equipped with tail lamps that emit nonflashing blue light under certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to traffic laws. (BDR 43‑1098)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 468.
Bill read second time and ordered to third reading.
Assembly Bill No. 501.
Bill read second time.
The following amendment was proposed by the Committee on
Health and Human Services:
Amendment No. 261.
Amend sec. 3, page 2, line 45, by deleting “[422.2936,]”
and inserting “422.2936,”.
Amend sec. 3, page 3, line 1, by deleting “422.29324,”.
Amend sec. 4, page 3, line 27, by deleting “[422.2936,]
422.29324,” and inserting “422.2936,”.
Amend sec. 7, page 4, line 28, by deleting “[422.2936,]
422.29324,” and inserting “422.2936,”.
Amend the bill as a whole by deleting sec. 9 and adding:
“Sec. 9. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 11 through 14 and adding:
“Secs. 11-14. (Deleted by amendment.)”.
Amend sec. 22, page 13, line 35, after “reduced” by inserting “or terminated”.
Amend sec. 23, page 13, line 43, by deleting “[shall]
may” and inserting “shall”.
Amend sec. 23, page 14, line 21, by deleting “[must]
may” and inserting “must”.
Amend the bill as a whole by deleting sections 24 through 28 and adding:
“Secs. 24-28. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 32 and adding:
“Sec. 32. (Deleted by amendment.)”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 505.
Bill read second time and ordered to third reading.
Assembly Bill No. 521.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Gibbons moved that Assembly Bill No. 422 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 166, 250, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 233 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Manendo moved that Assembly Bill No. 234 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 521 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Buckley moved that Assembly Bills Nos. 132, 155, 166, 250, 273, and 475 be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 132.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 432.
Amend section 1, page 1, lines 3 and 4, by deleting: “NRS 432B.457 and subsection 3,” and inserting: “subsections 3 and 4 and NRS 432B.457,”.
Amend section 1, page 2, line 10, after “3.” by inserting: “Except as otherwise provided in subsection 4 and NRS 432B.457:
(a) In a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.
(b) Except for a hearing held pursuant to subsection 5 of NRS 432B.530 when the court does not proceed immediately, any proceeding held pursuant to NRS 432B.530 must be closed to the general public unless the judge or master, upon his own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.
4.”.
Amend the title of the bill, first line, after “that” by inserting “certain”.
Amend the summary of the bill to read as follows:
“SUMMARY―Provides that certain proceedings concerning abuse or neglect of children are presumptively open to public. (BDR 38‑689)”.
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. 155.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 143.
Amend section 1, page 3, by deleting lines 18 through 20 and inserting:
“fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 9 as sections 3 through 8.
Amend sec. 5, page 9, line 39, after “license” by inserting: “as required by any statute or local ordinance”.
Amend sec. 5, page 10, by deleting lines 3 through 8 and inserting: “subsection 1, the agency or political subdivision must:
(a) Require the person to submit a complete set of his fingerprints; and
(b) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. Only the Central Repository may:
(a) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;
(b) Submit those fingerprints to the Federal Bureau of Investigation; and
(c) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.”.
Amend the bill as a whole by adding a new section designated sec. 9, following sec. 9, to read as follows:
“Sec. 9. NRS 463.1405 is hereby amended to read as follows:
463.1405 1. The Board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which Commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified, disqualified or unsuitable persons, or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations.
2. To request and receive information from the Federal Bureau of Investigation concerning an investigation of an applicant pursuant to this section, the Board must receive a complete set of fingerprints of the applicant which the Board must forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. The Board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the Board.
[3.] 4. The Commission has full and
absolute power and authority to deny any application or limit, condition,
restrict, revoke or suspend any license, registration, finding of suitability
or approval, or fine any person licensed, registered, found suitable or approved,
for any cause deemed reasonable by the Commission.”.
Amend sec. 10, page 14, by deleting lines 21 through 24 and inserting: “games, on forms approved by the Executive Director , which the Executive Director may forward to”.
Amend sec. 11, page 15, by deleting lines 2 through 8
and inserting: “business to be operated, including [the names,] :
(a) The names and personal history [and] of
all officers, directors and key employees;
(b) A complete set of the fingerprints of all
officers, directors and key employees [, and the] which the Board may
forward to the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report; and
(c) The names, addresses and number of shares held by all”.
Amend sec. 12, pages 15 and 16, by deleting lines 43
through 45 on
page 15 and lines 1 through 4 on page 16 and inserting: “business to be
operated, including [the names,] :
(a) The names and personal history [and] of
all general partners and key employees;
(b) A complete set of the fingerprints of all general partners and key employees [,
and the] which the Board may forward to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for its report; and
(c) The name, address and interest of each limited partner.”.
Amend sec. 13, page 16, by deleting lines 39 through 43
and inserting: “business to be operated, including [the names,] :
(a) The names and personal history of each
director, manager, member and key employee; and (b) A complete set of
the fingerprints of each director, manager, member and key employee [.]
which the Board may forward to the Central Repository for Nevada”.
Amend sec. 14, page 18, by deleting lines 2 through 4 and inserting:
“(a) A complete set of his
fingerprints [and complete] which
the Board may forward to the Central Repository for Nevada Records of”.
Amend sec. 15, page 18, line 39, by deleting: “and written permission”.
Amend sec. 16, page 19, by deleting lines 32 and 33 and inserting: “his fingerprints which the Commission may forward to the Central Repository”.
Amend sec. 19, page 23, by deleting lines 5 through 15 and inserting:
“the society shall [submit
to the sheriff of the county a complete set of the fingerprints of the] require that each member,
agent or local or district officer of the society to whom the application
relates [.] submit to the
society a complete set of his fingerprints which the society shall submit to
the sheriff of the county.”.
Amend sec. 20, page 24, by deleting lines 4 through 11
and inserting: “card to be investigated, the applicant must submit [a set of his fingerprints] with his application [,] a complete set
of his fingerprints which the sheriff may [submit
the fingerprints] forward to the Central”.
Amend sec. 21, page 24, by deleting lines 42 and 43 and inserting:
“(3) A complete set of his fingerprints which the Commissioner may forward to the”.
Amend sec. 23, page 26, by deleting lines 7 and 8 and inserting: “complete set of his fingerprints which the Board may forward to the Central Repository for”.
Amend sec. 24, page 26, by deleting lines 19 and 20 and inserting: “fingerprints which the Board may forward to the Central Repository for Nevada”.
Amend sec. 25, page 26, by deleting lines 44 and 45 and
inserting: “and] a complete set of
his fingerprints which the Board may forward to the Central”.
Amend sec. 26, page 27, by deleting lines 20 and 21 and inserting: “a complete set of his fingerprints which the Board may forward to the Central Repository for”.
Amend sec. 27, page 27, by deleting lines 31 and 32 and inserting: “complete set of his fingerprints which the Board may forward to the Central Repository for”.
Amend sec. 28, page 27, by deleting lines 39 and 40 and inserting:
“2. A complete set of his fingerprints which the Board may forward to the Central”.
Amend sec. 29, page 28, by deleting lines 4 through 18
and inserting: “fingerprinted. Each applicant [shall,] must, at
his own expense, and on a card provided by the Division, arrange to be
fingerprinted by any police or sheriff’s office and [shall] must attach his fingerprint card, after his
fingerprints are taken, to his application.
2. The Division may [mail] forward the
applicant’s fingerprint card to :
(a) The Central Repository for Nevada Records of
Criminal History for submission to the Federal
Bureau of Investigation [, Washington, D.C.,] for its report [, and to such] ; and
(b) Such other law enforcement agencies as the”.
Amend sec. 30, page 28, line 44, by deleting “[and]”
and inserting “and”.
Amend sec. 30, page 29, by deleting lines 3 through 9 and inserting: “enforcement, are displayed.
3. The Division shall:
(a) [Mail] Forward the card upon which the
applicant’s”.
Amend sec. 31, page 30, by deleting lines 4 and 5 and inserting:
“(4) Includes a complete set of his fingerprints which the Division may forward to”.
Amend sec. 32, page 31, by deleting lines 15 through 23 and inserting: “arrange to be fingerprinted by an agency of law enforcement; and
(b) Attach the completed card to his application.
3. The Division may:
(a) [Mail] Forward the completed card
to :
(1) The Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation [or
any] for its report; and
(2) Any other agency of law enforcement; and”.
Amend sec. 33, page 31, by deleting lines 31 through 36 and inserting: “arrange to be fingerprinted by an agency of law enforcement; and
(b) Attach the completed card to his application.”.
Amend sec. 33, page 31, by deleting lines 39 through 41 and inserting:
“(b) [Mail a] Forward the completed card
to :
(1) The Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation [or
any] for its report; and
(2) Any other agency of law enforcement; and”.
Amend sec. 34, page 32, by deleting lines 12 and 13 and inserting:
“4. A [full] complete set of fingerprints
[and a] which the Board may forward to”.
Amend sec. 35, pages 32 and 33, by deleting line 45 on
page 32 and lines 1 through 9 on page 33 and inserting: “shall [submit the
fingerprints of] require any person applying for such a work card to
submit a complete set of his fingerprints to the sheriff who may forward the
fingerprints to the Central Repository for Nevada Records of Criminal
History [and] for submission to the Federal Bureau of
Investigation to determine the applicant’s criminal history.”.
Amend sec. 36, page 33, by deleting lines 35 through 41 and inserting:
“(c) Submit [three] , in such form as the
Commissioner prescribes:
(1) Three recent photographs ; and [three]
(2) Three complete sets of his fingerprints
[in such form as] which the Commissioner [prescribes] may
forward to the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report.
(d) Submit such other information reasonably related to his”.
Amend sec. 40, page 35, by deleting lines 29 and 30 and inserting:
“1. A complete set of his fingerprints which the Commissioner may forward to the”.
Amend sec. 45, page 39, by deleting lines 8 and 9 and inserting:
“(3) A complete set of his fingerprints which the Commissioner may forward to the”.
Amend sec. 46, page 40, by deleting lines 33 through 37
and inserting: “furnished by the Commissioner [, and by the] ; and”.
Amend sec. 46, page 40, by deleting line 39 and inserting:
“4. The Commissioner [shall] :
(a) May forward the complete set of fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(b) Shall promptly cause an investigation to”.
Amend sec. 47, page 41, by deleting lines 24 and 25 and
inserting: “fingerprints [, and must require] which the Commissioner
may forward to the”.
Amend sec. 48, page 42, by deleting lines 4 and 5 and
inserting: “fingerprints [, which must be forwarded] which the
Administrator may forward to the”.
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. 166.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 288.
Amend section 1, page 1, by deleting lines 3 through 10 and inserting:
“1. An agreement to transfer the right to receive payments pursuant to a structured settlement to a transferee is valid and enforceable only if approved by a district court. The transferee must petition the district court for such approval and the court shall approve the transfer if it determines that:
(a) The transfer is in the best interest of the payee, considering the totality of the circumstances, including, without limitation, the welfare and support of the dependents of the payee;
(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has received such independent professional advice or has knowingly waived such advice in writing; and
(c) The transfer does not violate any applicable law or the order of any court.”.
Amend section 1, page 2, line 5, by deleting: “person receiving payments” and inserting “payee”.
Amend section 1, page 2, by deleting lines 7 through 13 and inserting:
“3. Not later than 7 days before a hearing on a petition pursuant to subsection 1, the transferee must file with the district court and serve on all interested parties and any attorney who represented the payee in the action which resulted in the settled claim a notice of the proposed agreement and the petition for authorization of the proposed agreement. The notice must include, without limitation:
(a) A copy of the petition of the transferee;
(b) A copy of the proposed agreement;
(c) A copy of the disclosure required pursuant to subsection 4;
(d) A list which includes the name and age of each dependent of the payee;
(e) A statement that any interested party may support, oppose or otherwise respond to the petition of the transferee by appearing in person or by counsel during the hearing on the petition or by submitting written comments to the court; and
(f) Notice of the time and place of the hearing, the manner in which a written response to the application must be filed and the date by which a written response to the petition must be filed for consideration by the court.”.
Amend section 1, page 2, by deleting lines 14 through 17 and inserting:
“4. A transferee who commences an action pursuant to subsection 1 must provide to the court with the proposed agreement a disclosure setting forth:”.
Amend section 1, page 2, by deleting lines 22 through 31, and inserting:
“(c) The amount to be paid to the payee for the transfer before deducting any expenses;
(d) An itemized list of all expenses that the payee will be required to pay other than attorney’s fees and which will be deducted from the amount paid to the payee for the transfer, including, without limitation, any commission owed to a broker, service charges, application or processing fees, costs of closing on the agreement, filing or administrative charges and fees paid to a notary public;
(e) The amount to be paid to the payee for the transfer after deducting the expenses;
(f) The amount of any liquidated damages which the payee is required to pay if he breaches the transfer agreement;”.
Amend section 1, page 2, line 32, by deleting “(e)” and inserting “(g)”.
Amend section 1, page 2, by deleting lines 35 through 37, and inserting:
“(h) A statement which informs the payee that such a transfer may subject him to adverse”.
Amend section 1, page 2, between lines 40 and 41, by inserting:
“6. As used in this section:
(a) “Annuity issuer” means an insurer who has issued a contract to fund periodic payments under a structured settlement.
(b) “Dependents” include, without limitation, the spouse of a payee, any minor child of a payee and any other person for whom the payee is legally obligated to provide support, including, without limitation, alimony;
(c) “Independent professional advice” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser;
(d) “Interested parties” means the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the death of the payee, the annuity issuer, any person who is obligated to make payments pursuant to the structured settlement and any other party who has continuing rights or obligations under the structured settlement;
(e) “Payee” means a person who is receiving tax-free payments under a structured settlement and proposes to make a transfer of the right to receive payments under that structured settlement;
(f) “Periodic payments” includes, without limitation, both recurring payments and scheduled future lump sum payments;
(g) “Settled claim” means the original tort claim or workers’ compensation claim resolved by a structured settlement.
(h) “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers’ compensation claim;
(i) “Transfer” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of the right to receive payments pursuant to a structured settlement; and
(j) “Transferee” means a party acquiring or proposing to acquire the right to payments pursuant to a structured settlement through a transfer.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:43 a.m.
ASSEMBLY IN SESSION
At 10:47 a.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Assembly Bill No. 32.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 32:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 32 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 52.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 52:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 52 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 69.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 69:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 69 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 79.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 79:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 79 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 92.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 92:
Yeas—41.
Nays—None.
Excused—Carpenter.
Assembly Bill No. 92 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 14, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day adopted
Senate Concurrent Resolution No. 28.
|
Mary Jo Mongelli |
|
Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 28.
Assemblywoman Gibbons moved the adoption of the resolution.
Remarks by Assemblywoman Gibbons.
Assemblyman Collins requested that the following remarks be entered in the Journal.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I’m very pleased today to have Rollan Melton’s family here. First, I want to speak about Rollan Melton. He was well regarded worldwide as a newspaper columnist. To us, he was the Herb Caen of Reno. His column was the most loved and best read of any of the columnists of northern Nevada, being voted most popular in northern Nevada. He had a way with words. I come from a newspaper family as well, and we used to say that “ink was in your blood.” He used to tell me “Always remember that when you write, you say it with flowers, you say it with mink, but only a dumb fool says it in ink.” Well, Rollan Melton was no dumb fool. He wrote 4,000 columns that were all published. They are now all very proudly presented in books. His family, grandchildren, and his great-grandchildren can forever be proud of the work he did.
His resumé of accomplishments could go on and on. I most remember him from his early years when he used to sing. He actually sang at a very good friend’s wedding, probably 40 years ago. Rollan was from Fallon and all the Fallon people loved him. If I were trying to describe Rollan Melton best, and to say what he meant to the people in Reno, I would share with you another little line of his, “Words are like eggs and should be handled with care because eggs, once broken, are like words unspoken and can never ever again be repaired.”
Before he died, Rollan
Melton’s daughter told a story of how his wife, Marilyn, had awakened and
stubbed her toe in the middle of the night. It woke Rollan. He got up and said,
“I love you.” He then rolled over and took his last breath. That is the man we
will never forget. He wrote about times and days gone by and wrote about
friends who are not forgotten.
Rollan Melton is one person who will live an eternity for all of us because he
made a difference, writing good and kind words about people, telling about days
gone by, and friends who are gone but not forgotten.
Resolution adopted unanimously.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:14 a.m.
ASSEMBLY IN SESSION
At 11:27 a.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 250.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 360.
Amend section 1, page 2, by deleting lines 2 through 10 and inserting:
“1. The events of September 11, 2001, have focused the attention of our nation on the importance of preparedness in preventing, investigating and prosecuting acts of terrorism.
2. To be effective, such preparedness requires a partnership among federal, state and local governments.
3. While local law enforcement efforts and response plans to”.
Amend section 1, page 2, line 14, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, line 20, by deleting “6.” and inserting “5.”.
Amend section 1, page 2, between lines 27 and 28, by inserting:
“6. It is the intent of the Legislature:
(a) To strengthen the laws of the State of Nevada to better protect the health and safety of this state and its residents by providing the greatest measure of protection from acts of terrorism; and
(b) That this act be interpreted to provide the greatest measure of protection for the constitutional rights of the residents of this state, including the right to petition federal, state and local governments and to exercise rights under the First Amendment to the Constitution of the United States and Section 9 of Article 1 of the Nevada Constitution.”.
Amend sec. 7, page 7, by deleting lines 34 through 44 and inserting: “use or attempted use of sabotage, coercion or violence which is intended to:
1. Cause great bodily harm or death to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or
2. Cause substantial destruction, contamination or impairment of:
(a) Any building or infrastructure, communications, transportation, utilities or services; or
(b) Any natural resource or the environment.”.
Amend sec. 8, page 8, line 6, after “deterioration” by inserting “or contamination”.
Amend sec. 10, page 8, by deleting line 16 and inserting: “services or assistance of any kind.”.
Amend sec. 11, page 9, by deleting lines 3 and 4 and inserting:
“7. An item of electronic mail, a computer, computer network or computer system, or any other similar means of communication.”.
Amend sec. 12, page 9, line 11, after “deterioration” by inserting “or contamination”.
Amend sec. 13, page 9, line 15, after “who” by inserting “intentionally”.
Amend sec. 15, page 9, line 21, by deleting “knowingly:” and inserting: “knowingly or intentionally:”.
Amend sec. 15, page 10, by deleting lines 5 through 8.
Amend the bill as a whole by deleting sec. 16 and adding:
“Sec. 16. (Deleted by amendment.)”.
Amend sec. 18, page 10, line 38, after “deterioration” by inserting “or contamination”.
Amend sec. 20, page 11, line 11, after “deterioration” by inserting “or contamination”.
Amend sec. 21, page 12, by deleting lines 28 through 32 and inserting:
“5. The provisions of this section do not apply to any act that is”.
Amend sec. 22, page 13, by deleting lines 13 through 35 and inserting: “2. A person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by”.
Amend sec. 22, page 14, by deleting lines 10 through 14 and inserting:
“3. The provisions of this section do not apply to any act that is”.
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. 273.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 466.
Amend sec. 3, page 2, by deleting lines 7 through 10 and inserting:
“Sec. 3. 1. If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to sections 4 to 7, inclusive, of this act, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may”.
Amend sec. 3, page 2, line 24, by deleting: “an agency that” and inserting: “a governmental agency, nonprofit corporation or interested person who”
Amend sec. 3, page 2, line 32, by deleting “10” and inserting “20”.
Amend sec. 4, pages 2 and 3, by deleting lines 36 through 44 on page 2 and lines 1 through 14 on page 3, and inserting:
“(a) The court finds:
(1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159.059;
(2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;
(3) Except as otherwise provided in subsection 3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and
(4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;”.
Amend sec. 4, page 3, by deleting lines 26 and 27 and inserting: “of the child;”.
Amend sec. 4, page 3, between lines 33 and 34, by inserting:
“3. The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.”.
Amend sec. 6, page 4, by deleting lines 3 and 4 and inserting:
“1. The custody of the child by the agency which has legal custody of the child is terminated;”.
Amend sec. 6, page 4, by deleting lines 11 and 12 and inserting:
“(a) The agency which has legal custody of the child; and”.
Amend sec. 7, page 4, line 16, by deleting “may” and inserting “shall”.
Amend sec. 7, page 4, by deleting line 22 and inserting:
“3. The court shall issue an order directing the appropriate agency which provides child welfare services to file a”.
Amend sec. 7, page 4, line 28, after “4.” by inserting: “Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to section 4 of this act must comply with the provisions set forth in chapter 159 of NRS for motions to enforce, modify or terminate orders concerning guardianships.
5.”.
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. 475.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 298.
Amend the bill as a whole by deleting sections 1 through 4 and renumbering sec. 5 as section 1.
Amend the bill as a whole by deleting sec. 6 and
renumbering sec. 7 as
sec. 2.
Amend the title of the bill to read as follows:
“AN ACT relating to obligations of support for children; revising the procedure for enrolling a child in a plan of health insurance pursuant to a court order for support to comply with federal law; requiring premiums for such health insurance to be deducted from the wages of the parent; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning providing health insurance for child pursuant to court order for support. (BDR 3‑1246)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
general file and third reading
Assembly Bill No. 100.
Bill read third time.
Remarks by Assemblyman Brown.
Roll call on Assembly Bill No. 100:
Yeas—42.
Nays—None.
Assembly Bill No. 100 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 103.
Bill read third time.
Remarks by Assemblyman Sherer.
Roll call on Assembly Bill No. 103:
Yeas—42.
Nays—None.
Assembly Bill No. 103 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 117.
Bill read third time.
Remarks by Assemblyman Brown.
Roll call on Assembly Bill No. 117:
Yeas—41.
Nays—Carpenter.
Assembly Bill No. 117 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 126.
Bill read third time.
Remarks by Assemblywoman Pierce.
Roll call on Assembly Bill No. 126:
Yeas—42.
Nays—None.
Assembly Bill No. 126 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 138.
Bill read third time.
Remarks by Assemblymen Goldwater, Arberry, and Anderson.
Potential conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 138:
Yeas—37.
Nays—Anderson, Arberry, Collins, Giunchigliani, Parks—5.
Assembly Bill No. 138 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 143.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 143:
Yeas—42.
Nays—None.
Assembly Bill No. 143 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 146.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 146:
Yeas—42.
Nays—None.
Assembly Bill No. 146 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 151.
Bill read third time.
Remarks by Assemblyman Sherer.
Roll call on Assembly Bill No. 151:
Yeas—42.
Nays—None.
Assembly Bill No. 151 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 160.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 160:
Yeas—42.
Nays—None.
Assembly Bill No. 160 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 163.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 163:
Yeas—42.
Nays—None.
Assembly Bill No. 163 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 217.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 217:
Yeas—42.
Nays—None.
Assembly Bill No. 217 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 226.
Bill read third time.
Remarks by Assemblyman Oceguera.
Roll call on Assembly Bill No. 226:
Yeas—42.
Nays—None.
Assembly Bill No. 226 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 287.
Bill read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Bill No. 287:
Yeas—42.
Nays—None.
Assembly Bill No. 287 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 292.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 292:
Yeas—40.
Nays—Grady, Griffin—2.
Assembly Bill No. 292 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 294.
Bill read third time.
Remarks by Assemblyman Conklin.
Roll call on Assembly Bill No. 294:
Yeas—42.
Nays—None.
Assembly Bill No. 294 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 299.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Assembly Bill No. 299:
Yeas—42.
Nays—None.
Assembly Bill No. 299 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 319.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 319:
Yeas—42.
Nays—None.
Assembly Bill No. 319 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 335.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 335:
Yeas—42.
Nays—None.
Assembly Bill No. 335 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 397.
Bill read third time.
Remarks by Assemblyman Horne.
Roll call on Assembly Bill No. 397:
Yeas—42.
Nays—None.
Assembly Bill No. 397 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 437.
Bill read third time.
Remarks by Assemblymen Christensen and Buckley.
Roll call on Assembly Bill No. 437:
Yeas—42.
Nays—None.
Assembly Bill No. 437 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 448.
Bill read third time.
Remarks by Assemblyman Conklin.
Roll call on Assembly Bill No. 448:
Yeas—37.
Nays—Brown, Christensen, Giunchigliani, Gustavson, Knecht—5.
Assembly Bill No. 448 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 459.
Bill read third time.
Remarks by Assemblywoman Weber.
Roll call on Assembly Bill No. 459:
Yeas—42.
Nays—None.
Assembly Bill No. 459 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 509.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 509:
Yeas—42.
Nays—None.
Assembly Bill No. 509 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 531.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 531:
Yeas—42.
Nays—None.
Assembly Bill No. 531 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 5.
Resolution read third time.
Remarks by Assemblyman Mortenson.
Roll call on Senate Joint Resolution No. 5:
Yeas—42.
Nays—None.
Senate Joint Resolution No. 5 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 233.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 233:
Yeas—42.
Nays—None.
Assembly Bill No. 233 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 2, 230, 288, 451, 497, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Goldwater, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Collins moved that Assembly Bill No. 486 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 345 be re-referred to the Committee on Ways and Means.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Christensen, the privilege of the floor of the Assembly Chamber for this day was extended to Cole Christensen.
On request of Assemblywoman
Gibbons, the privilege of the floor of the Assembly Chamber for this day was
extended to Marilyn Melton, Patricia Rose, Ronald Rose, Madeline Williams,
Marjorie Williams,
Emelie Williams, Royle Melton, Mona Melton, Noah Melton,
James Meservy, Michael Forest-Meservy, Bob Cashell, Nancy Cashell, Kevin
Melton, Candith Melton, Breann Melton, and Jaime Melton.
On request of Assemblyman
Grady, the privilege of the floor of the Assembly Chamber for this day was
extended to Stacey Breneman,
Heather Bake, Michelle Bake, Emily Boyd, Nicole Hendrix, Melinda Hunter,
Corinne Johnson, Danielle Lougheed, Rita McKnight, Amanda Miller,
Ryan Paul, Ashley Smith, Carrie Zielinski, Leslie Paul, and Kelly Frost.
On request of Assemblyman
Griffin, the privilege of the floor of the Assembly Chamber for this day was
extended to Graham Griffin and
Monet Griffin.
On request of Assemblyman
Gustavson, the privilege of the floor of the Assembly Chamber for this day was
extended to Shari Pheasant,
Gregory Pheasant, and Shyla Marie Pheasant.
On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Harrison Griffin.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Cory Anderlohr.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, April 15, 2003, at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:32 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon