THE SEVENTY-SECOND DAY
Carson City (Tuesday), April 15, 2003
Assembly called to order at 10:58 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor John Jackson.
Heavenly Father, we thank You for Your presence here today, and thank You for these gifted women and men who have dedicated this time to deliberate matters of importance to our state. God, we would ask that You give an extra measure of strength to the staff who support our work here today. We believe in the hope of new life because of the Resurrection and ask that You give us a spirit of hope in all we do today. We ask these things in Jesus Name.
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
Elections, Procedures, and Ethics, to which was referred
Assembly Bill No. 293, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 23, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 84, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 388, 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. 365, 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 was referred Assembly Bill No. 301, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Tom Collins, Chairman
Mr. Speaker:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 515, 530, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Parks, Chairman
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 amended, and on this day passed, as amended, Assembly Bill No. 53, Amendment No. 83, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 93, 363, 365, 412, 422, 423, 435, 439, 459, 478, 481; Senate Joint Resolution No. 7.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 99, 176, 179, 192, 206, 262, 280, 299, 309, 322, 355, 479.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 14, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 481.
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Mark Stevens |
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Fiscal Analysis Division |
April 15, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 219.
Also, the Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 240.
Mark Stevens
Fiscal Analysis Division
Senate Joint Resolution No. 7.
Assemblyman Oceguera moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assemblyman Oceguera moved that Assembly Bills Nos. 3, 23, 84, 293, 301, 365, 388, 515, and 530 be placed on the Second Reading File.
Motion carried.
Assemblyman Oceguera
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. 93.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 99.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 176.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 179.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 192.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 206.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 262.
Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 280.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 299.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 309.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 322.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 355.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 363.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 365.
Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 412.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 422.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 423.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 435.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 439.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 459.
Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 478.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 479.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 481.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:15 a.m.
ASSEMBLY IN SESSION
At 11:27 a.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 56, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 539, 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 Health
and Human Services, to which was referred
Assembly Bill No. 349, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Ellen Koivisto, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 417, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Oceguera
moved that the action whereby Senate Bill
No. 309 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblyman Oceguera moved that Senate Bill No. 309 be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assemblyman Oceguera moved that Assembly Bills Nos. 56, 349, and 539 be placed on the Second Reading File.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:29 a.m.
ASSEMBLY IN SESSION
At 11:31 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Giunchigliani moved that Assembly Bill No. 354 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblywoman Koivisto moved that Assembly Bill No. 381 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Oceguera moved that Assembly Bill No. 166 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Oceguera.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 2.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 251.
Amend section 1, pages 1 and 2, by deleting lines 4
through 17 on page 1 and lines 1 through 4 on page 2, and inserting: “invention
or trade secret developed by his employee during the course of the employment
that relates directly to work performed during the course of the employment [.]
if the employee is expressly:
1. Hired to invent; or
2. Directed to invent and the invention or trade secret is developed pursuant to that direction.”.
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. 230.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 252.
Amend section 1, page 1, line 3, before “The” by inserting “1.”.
Amend section 1, page 1, between lines 10 and 11, by inserting:
“2. The provisions of this section do not apply to a corporate cooperative park.
3. As used in this section, “corporate cooperative park” has the meaning ascribed to it in NRS 118B.0117.”.
Amend the title of the bill, second line, before “parks” by inserting “certain”.
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. 288.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 253.
Amend sec. 11, page 4, line 38, by deleting “shall” and inserting “may”.
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. 433.
Bill read second time and ordered to third reading.
Assembly Bill No. 451.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 431.
Amend section 1, page 2, line 26, by deleting “1” and inserting: “1, other than a person to whom sub-subparagraph (II) of subparagraph (1) of paragraph (a) of subsection 1 applies,”.
Amend section 1, page 2, line 45, after “chloride;” by inserting “or”.
Amend section 1, page 3, by deleting lines 4 through 9 and inserting: “vinyl chloride,”.
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. 497.
Bill read second time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 258.
Amend the bill as a whole by deleting section 1,
renumbering sec. 2 as
sec. 5 and adding new sections designated sections 1 through 4, following the
enacting clause, to read as follows:
“Section 1. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. “Potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Administrator of the Health Division of the Department of Human Resources has adopted a later edition of the Food Code for this purpose.
Sec. 3. 1. Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS 446.940 that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment shall not apply to any child care facility that limits its menu to:
(a) Food that does not constitute a potential or actual hazard to the public health; and
(b) Potentially hazardous food that has been:
(1) Commercially prepared and precooked; or
(2) Pasteurized.
2. As used in this section, “child care facility” includes:
(a) A child care facility licensed pursuant to chapter 432A of NRS; or
(b) A child care facility licensed by a city or county.
Sec. 4. NRS 446.030 is hereby amended to read as follows:
446.030 1. “Food handler” means any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food.
2. The term does not include a person who only handles, stores, transports, sells or otherwise comes in contact with food that is permanently sealed or packaged for sale directly to the consumer and who, if the food is potentially hazardous food, handles the food only occasionally or incidentally outside the normal and usual course and scope of his responsibilities or employment.
[3. As used in this section, “potentially hazardous
food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of
the Food Code published by the Food and Drug Administration of the
United States Department of Health and Human Services, unless the Administrator
of the Health Division of the Department of Human Resources has adopted a later
edition of the Food Code for this purpose.]”.
Amend the title of the bill, second line, by deleting “regulation as” and inserting: “certain regulations applicable to”.
Amend the summary of the bill to read as follows:
“SUMMARY—Exempts licensed child care facility from certain regulations applicable to food establishment. (BDR 40-1199)”.
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. 3.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 24.
Amend section 1, page 1, by deleting lines 3 through 9 and inserting:
“1. Except as otherwise provided in this section, a public officer or employee of the State or an agency of the State must be relieved from his duties to donate:
(a) Part of his bone marrow; or
(b) All or part of one of his organs.
2. Except as otherwise provided in this subsection, a political subdivision of the State or an agency of a political subdivision of the State may, at its discretion, establish a program to grant to its public officers and employees the leave described in subsection 1. If a political subdivision of the State or an agency of a political subdivision of the State establishes such a program, the program must provide that the leave described in subsection 1 is available to all the public officers and employees of the political subdivision or agency who otherwise comply with the provisions of this section.
3. Any leave that is required to be granted pursuant to subsection 1 or is granted pursuant to a program established in accordance with subsection 2 must be granted to a”.
Amend section 1, page 2, by deleting lines 1 and 2 and inserting:
“4. Except as otherwise provided in subsection 6, the paid leave described in subsection 3 must not be”.
Amend section 1, page 2, by deleting lines 5 through 20 and inserting:
“5. To be eligible for the paid leave described in subsection 3, a public officer or employee must provide to his employer a written, signed statement from a physician or from the administrator of a hospital, attesting to the fact that the public officer or employee has donated bone marrow or all or part of one of his organs, or is scheduled to make such a donation.”.
Amend section 1, page 2, line 21, by deleting “5.” and inserting “6.”.
Amend section 1, page 2, by deleting lines 28 through 30 and inserting:
“7. A political subdivision of the State or an agency of a political subdivision of the State that has established a program pursuant to subsection 2 may create a pool of leave to be used by its public officers and employees who donate bone marrow or all or part of one of their organs and have exhausted the paid leave described in subsection 3. Such a pool of leave may include the following types of time that are transferred to the pool by other public officers and employees of the political subdivision or agency of the political subdivision:
(a) Annual vacation time;
(b) Compensatory time; and
(c) Sick leave time.
8. No part of this section prohibits an employer, after a public officer or employee has exhausted the paid leave described in subsection 3, from allowing the public officer or”.
Amend section 1, page 2, by deleting lines 34 and 35 and inserting: “time;
(c) If the public officer or employee is employed by a political subdivision of the State or an agency of a political subdivision of the State, use leave from a pool of leave that has been created pursuant to subsection 7;
(d) If the public officer or employee is employed by the State or an agency of the State, use catastrophic leave as authorized pursuant to NRS 284.362 to 284.3629, inclusive, and sections 3 to 6, inclusive, of this act; or
(e) As applicable, take or use any of the types of leave or time that are described in paragraphs (a) to (d), inclusive,”.
Amend section 1, page 2, line 40, by deleting “7.” and inserting “9.”.
Amend section 1, page 3, line 2, by deleting “8.” and inserting “10.”.
Amend the bill as a whole by adding new sections designated sections 2 through 8, following section 1, to read as follows:
“Sec. 2. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. “Bone marrow” has the meaning ascribed to it in section 1 of this act.
Sec. 4. “Catastrophe” means:
1. The employee is unable to perform the duties of his position because of a serious illness or accident which is life threatening or which will require a lengthy convalescence;
2. There is a serious illness or accident which is life threatening or which will require a lengthy convalescence in the employee’s immediate family;
3. There is a death in the employee’s immediate family;
4. The employee is unable to perform the duties of his position because he is:
(a) Donating part of his bone marrow or all or part of one of his organs; or
(b) Recuperating from the donation described in paragraph (a); or
5. Any other serious calamity defined to be a catastrophe by regulation of the Commission.
Sec. 5. “Committee” means the Committee on Catastrophic Leave created pursuant to NRS 284.3627.
Sec. 6. “Organ” has the meaning ascribed to it in section 1 of this act.
Sec. 7. NRS 284.362 is hereby amended to read as follows:
284.362 [1.] As used in NRS 284.362 to
284.3629, inclusive [:
(a) “Catastrophe” means:
(1) The employee is unable to perform the duties
of his position because of a serious illness or accident which is life
threatening or which will require a lengthy convalescence;
(2) There is a serious illness or accident which
is life threatening or which will require a lengthy convalescence in the
employee’s immediate family; or
(3) There is a death in the employee’s immediate
family.
(b) “Committee” means the Committee on Catastrophic
Leave created pursuant to NRS 284.3627.
2. The Commission shall adopt regulations further
defining “catastrophe” to ensure that the term is limited to serious calamities.]
, and sections 3 to 6, inclusive, of this act, unless the context
otherwise requires, the words and terms defined in sections 3 to 6, inclusive,
of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 284.3621 is hereby amended to read as follows:
284.3621 1. Each appointing authority may establish an account for catastrophic leave.
2. An employee of an appointing authority may request, in writing, that a specified number of hours of his accrued annual or sick leave be transferred from his account to the account for catastrophic leave. In addition to such hours, an employee of an appointing authority may request, in writing, that a specified number of hours of his accrued annual, sick or compensatory leave be transferred from his account to the account for catastrophic leave for the specific use of persons who donate bone marrow or all or part of one of their organs.
3. An employee may not transfer to the account for catastrophic leave any hours of sick leave if the balance in his account after the transfer is less than 240 hours.
4. The maximum number of hours which may be transferred by an employee in any 1 calendar year is 120. The minimum number of hours which may be transferred in any 1 calendar year is 8.
5. An employee may transfer hours to any such account for catastrophic leave for use by a particular employee in any branch of State Government who is eligible to receive them. A record of the source and number of hours of leave transferred among different appointing authorities for this purpose and the date of the transfer must be maintained by each appointing authority. Leave transferred in excess of the amount approved for use by a particular employee must be returned to the employee’s account from which it originated. The Commission shall, by regulation, determine the procedure to return excess leave.
6. Any hours of annual , [or] sick or
compensatory leave which are transferred from any employee’s account to the
account for catastrophic leave and not designated for use by a particular
employee may not be returned or restored to the originating employee. This
subsection does not prevent the employee from receiving leave pursuant to NRS
284.3622.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public employees; establishing a program of paid leave of absence of certain duration for state officers and employees who donate bone marrow or certain organs; authorizing the establishment of such a program by political subdivisions of the State; authorizing such political subdivisions to create a separate pool of leave for use by their public officers and employees who donate bone marrow or certain organs; authorizing the use of catastrophic leave by state officers and employees who donate bone marrow or certain organs; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Provides for paid leave of absence of certain duration for certain public officers and employees who donate bone marrow or certain organs. (BDR 23‑147)”.
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. 23.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 338.
Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) “County” includes Carson City.
(b) “County commissioner” includes the Mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
ANNUAL SALARIES
County District County County County County Public
Class County Commissioner Attorney Sheriff Clerk Assessor Recorder Treasurer Administrator
1 Clark $54,000 [$100,800] [$84,000] $72,000 $72,000 $72,000 $72,000 $72,000
$128,272 $109,131
2 Washoe 39,600 [96,000] [78,000] 66,000 66,000 66,000 66,000 66,000
116,742 94,316
3 Carson City 18,000 [72,360] [60,000] 51,360 51,360 -------- 51,360 --------
85,534 70,923
Churchill 18,000 [72,360] [60,000] 51,360 51,360 51,360 -------- --------
85,534 70,923
Douglas 18,000 [72,360] [60,000] 51,360 51,360 51,360 -------- --------
85,534 70,923
Elko 18,000 [72,360] [60,000] 51,360 51,360 51,360 51,360 --------
85,534 70,923
Humboldt 18,000 83,524 67,923 42,840 42,840 42,840 42,840 --------
Lyon 18,000 [72,360] [60,000] 51,360 51,360 51,360 -------- --------
85,534 70,923
Nye 18,000 [72,360] [60,000] 51,360 51,360 51,360 51,360 --------
85,534 70,923
[4 Humboldt 18,000 68,340 54,000 42,840 42,840 42,840 42,840 --------]
4 Lander 18,000 [68,340] [54,000] 42,840 42,840 42,840 42,840 --------
80,782 63,831
White Pine 18,000 [68,340] [54,000] 42,840 42,840 42,840 42,840 --------
80,782 63,831
5 Eureka 15,240 [60,300] [43,200] 38,400 38,400 38,400 -------- --------
71,278 51,065
Lincoln 15,240 [60,300] [43,200] 38,400 38,400 38,400 38,400 --------
71,278 51,065
Mineral 15,240 [60,300] [43,200] 38,400 38,400 38,400 -------- --------
71,278 51,065
Pershing 15,240 [60,300] [43,200] 38,400 38,400 38,400 -------- --------
71,278 51,065
Storey 15,240 65,068 51,065 38,400 38,400 38,400 -------- --------
6 Esmeralda 12,000 [47,880] [38,400] 33,600 33,600 33,600 -------- --------
56,597 45,391
[Storey 15,240 47,880 43,200 38,400 38,400 38,400 -------- --------]
Sec. 2. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) “County” includes Carson City.
(b) “County commissioner” includes the Mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
ANNUAL SALARIES
County District County County County County Public
Class County Commissioner Attorney Sheriff Clerk Assessor Recorder Treasurer Administrator
1 Clark $54,000 [$128,272] [$109,131] $72,000 $72,000 $72,000 $72,000 $72,000
$155,744 $134,262
2 Washoe 39,600 [116,742] [94,316] 66,000 66,000 66,000 66,000 66,000
137,484 110,632
3 Carson City 18,000 [85,534] [70,923] 51,360 51,360 -------- 51,360 --------
98,707 81,846
Churchill 18,000 [85,534] [70,923] 51,360 51,360 51,360 -------- --------
98,707 81,846
Douglas 18,000 [85,534] [70,923] 51,360 51,360 51,360 -------- --------
98,707 81,846
Elko 18,000 [85,534] [70,923] 51,360 51,360 51,360 51,360 --------
98,707 81,846
Humboldt 18,000 [83,524] [67,923] 42,840 42,840 42,840 42,840 --------
98,707 81,846
Lyon 18,000 [85,534] [70,923] 51,360 51,360 51,360 -------- --------
98,707 81,846
Nye 18,000 [85,534] [70,923] 51,360 51,360 51,360 51,360 --------
98,707 81,846
4 Lander 18,000 [80,782] [63,831] 42,840 42,840 42,840 42,840 --------
93,223 73,662
White Pine 18,000 [80,782] [63,831] 42,840 42,840 42,840 42,840 --------
93,223 73,662
5 Eureka 15,240 [71,278] [51,065] 38,400 38,400 38,400 -------- --------
82,256 58,929
Lincoln 15,240 [71,278] [51,065] 38,400 38,400 38,400 38,400 --------
82,256 58,929
Mineral 15,240 [71,278] [51,065] 38,400 38,400 38,400 -------- --------
82,256 58,929
Pershing 15,240 [71,278] [51,065] 38,400 38,400 38,400 -------- --------
82,256 58,929
Storey 15,240 [65,068] [51,065] 38,400 38,400 38,400 -------- --------
82,256 58,929
6 Esmeralda 12,000 [56,597] [45,391] 33,600 33,600 33,600 -------- --------
65,314 52,382
Sec. 3. Except as otherwise provided in section 4 of this act, each county shall:
1. Commence payment of the increased annual salaries of the elected officers of the county set forth in the table of annual salaries contained in NRS 245.043, as amended by section 1 of this act, on July 1, 2003.
2. Commence payment of the increased annual salaries of the elected officers of the county set forth in the table of annual salaries contained in NRS 245.043, as amended by section 2 of this act, on July 1, 2004.
Sec. 4. 1. Except as otherwise provided in subsection 3, a board of county commissioners may apply to the Committee on Local Government Finance for a waiver from:
(a) The requirement to increase the annual salaries of
elected officers of the county to the annual salaries set forth in the table
contained in
NRS 245.043, as amended by section 1 of this act, if the board determines that
the financial resources of the county are insufficient to pay those increased
annual salaries in Fiscal Year 2003-2004.
(b) The requirement to increase the annual salaries of
elected officers of the county to the annual salaries set forth in the table
contained in
NRS 245.043, as amended by section 2 of this act, if the board determines that
the financial resources of the county are insufficient to pay those increased
annual salaries in Fiscal Year 2004-2005.
The Committee on Local Government Finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay those increased annual salaries in the applicable fiscal year.
2. A board of county commissioners that has been granted a waiver for a fiscal year may apply to the Committee on Local Government Finance for an additional waiver for the next consecutive fiscal year if it finds that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in NRS 245.043, as amended by section 1 or 2 of this act. There is no limitation on the number of waivers for consecutive fiscal years that the board of county commissioners may be granted if the board of county commissioners finds that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in NRS 245.043, as amended by section 1 or 2 of this act, in that fiscal year.
3. Except as otherwise provided in this subsection,
after commencing payment of the increased annual salaries of the elected
officers of the county set forth in the table contained in NRS 245.043, as
amended by section 1 or 2 of this act, a board of county commissioners may not
apply for a waiver in any subsequent fiscal year. The fact that a board of
county commissioners has, in Fiscal Year 2003-2004, paid the annual salaries
set forth in the table contained in NRS 245.043 as amended by section 1 of this
act, does not preclude the board of county commissioners from applying for and
being granted a waiver from paying the annual salaries set forth in the table
contained in NRS 245.043 as amended by section 2 of this act in
Fiscal Year 2004-2005 or in any consecutive year if the Committee on Local
Government Finance determines that the financial resources of the county are
insufficient to pay the increased annual salaries of the elected officers of
the county.
4. The increased annual salaries of the elected officers of the county set forth in the table contained in NRS 245.043, as amended by section 1 or 2 of this act, must not be paid retroactively for a period to which a waiver is applicable.
Sec. 5. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. 1. This section and sections 1, 3, 4 and 5 of this act become effective on July 1, 2003.
2. Section 1 of this act expires by limitation on June 30, 2004.
3. Section 2 of this act becomes effective on July 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public officers; increasing the compensation of district attorneys and sheriffs; authorizing a county to request and receive a waiver from the increases in compensation in the event of insufficient financial resources; providing that a waiver may not be applied for in certain circumstances; and providing other matters properly relating thereto.”.
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. 84.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 340.
Amend section 1, page 2, by deleting lines 7 through 17
and inserting: “(b) A term of 4 years for members of the town
advisory board, which must be staggered and must expire on the first Monday in
January of an odd-numbered year. [No person who has served for a term as a
member of a town advisory board is eligible for reappointment until 2 years
after the expiration of his term.]”.
Amend section 1, page 2, line 18, after “(c)” by inserting: “Election of a chairman from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the chairmanship, for the election of a chairman from among the members for the remainder of the unexpired term. The ordinance must also provide that a chairman is not eligible to succeed himself for a term of office as chairman.
(d)”.
Amend section 1, page 2, line 23, after “notice of” by inserting: “the expiration of the term of a member of and”.
Amend section 1, page 2, line 26, after “before” by inserting: “the expiration of the term or”.
Amend sec. 2, page 2, by deleting line 36 and inserting:
“Sec. 2. 1. For the purposes of paragraph (c) of
subsection 1 of
NRS 269.576, as amended by section 1 of this act, any person who is serving in
the capacity of a chairman on a town advisory board on October 1, 2003, is not
eligible to serve a consecutive term of office as chairman.
2. If the provisions of an ordinance adopted before”.
Amend the title of the bill to read as follows:
“AN ACT relating to county government; removing the prohibition on consecutive terms of office of members of a town advisory board in certain counties; providing for the election of a chairman of such a board; prohibiting consecutive terms of office for a person who serves as chairman of such a board; revising the requirements regarding the notice of a vacancy on such a board; requiring the provision of notice of the expiration of the term of a member of such a board; and providing other matters properly relating thereto.”.
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. 293.
Bill read second time.
The following amendment was proposed by the Committee on
Elections, Procedures, and Ethics:
Amendment No. 184.
Amend section 1, page 1, lines 7 and 8, by deleting: “political subdivision, public or quasi-public corporation, or other local agency” and inserting: “school district, public library or water district”.
Amend section 1, page 2, line 2, by deleting “4,” and
inserting “[4,] 5,”.
Amend section 1, page 2, line 9, by deleting “4,” and
inserting “[4,] 5,”.
Amend section 1, page 2, line 23, after “4.” by inserting: “The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this”.
Amend section 1, page 2, line 33, by deleting “5.” and
inserting “[5.] 6.”.
Amend section 1, page 2, line 36, by deleting “6.” and
inserting “[6.] 7.”.
Amend section 1, page 3, line 5, by deleting “7.” and
inserting “[7.] 8.”.
Amend section 1, page 3, line 6, by deleting “7.” and
inserting “[7.] 8.”.
Amend section 1, page 3, line 13, by deleting “8.” and
inserting “[8.] 9.”.
Amend section 1, page 3, line 30, by deleting “9.” and
inserting “[9.] 10.”.
Amend section 1, page 3, line 33, by deleting “8.” and
inserting “[8.] 9.”.
Amend section 1, page 3, line 37, by deleting “10.” and
inserting “[10.] 11.”.
Amend section 1, page 3, line 41, by deleting “7.” and
inserting “[7.] 8.”.
Amend section 1, page 3, line 42, by deleting “11.” and inserting “12.”.
Amend sec. 2, page 4, lines 12 and 13, by deleting: “political subdivision, public or quasi-public corporation, or other local agency” and inserting: “public library or water district”.
Amend sec. 2, page 4, line 17, by deleting “4,” and
inserting “[4,] 5,”.
Amend sec. 2, page 4, line 24, by deleting “4,” and
inserting “[4,] 5,”.
Amend sec. 2, page 4, line 38, after “4.” by inserting: “The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this”.
Amend sec. 2, page 5, line 4, by deleting “5.” and
inserting “[5.] 6.”.
Amend sec. 2, page 5, line 7, by deleting “6.” and
inserting “[6.] 7.”.
Amend sec. 2, page 5, line 21, by deleting “7.” and
inserting “[7.] 8.”.
Amend sec. 2, page 5, line 22, by deleting “7.” and
inserting “[7.] 8.”.
Amend sec. 2, page 5, line 28, by deleting “8.” and
inserting “[8.] 9.”.
Amend sec. 2, page 5, line 44, by deleting “9.” and
inserting “[9.] 10.”.
Amend sec. 2, page 6, line 2, by deleting “8.” and
inserting “[8.] 9.”.
Amend sec. 2, page 6, line 6, by deleting “10.” and
inserting “[10.] 11.”.
Amend sec 2, page 6, line 10, by deleting “7.” and
inserting “[7.] 8.”.
Amend sec 2, page 6, line 11, by deleting “11.” and inserting “12.”.
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. 301.
Bill read second time.
The following amendment was proposed by the Committee on
Natural Resources, Agriculture, and Mining:
Amendment No. 314.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 3, line 26, by deleting “if” and inserting “where”.
Amend sec. 2, page 3, by deleting lines 32 through 42 and inserting:
“(a) Requirements for the eligibility of those persons
claiming damage to private property , [or] privately maintained
improvements , fences on public lands or areas near sources of water on
public lands to receive money or materials from the Division, including [a]
:
(1) A requirement that such a person enter into a
cooperative agreement with the Administrator for purposes related to this title
[.] ; and
(2) A requirement that if the claim is for money or materials from the Division for the construction of a fence around a source of water on private land or public land, such a person must:
(I) Conduct a physical inspection of the private land or public land upon which the fence is proposed to be constructed to determine the most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;
(II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and
(III) Enter into a cooperative agreement with the persons and entities described in sub-subparagraph (II) for purposes related to the construction of the fence in accordance with the results of the inspection conducted pursuant to this subparagraph.”.
Amend sec. 2, page 4, line 1, by deleting “(c)”.
Amend sec. 2, page 4, lines 3 and 4, by deleting: “or state grazing board”.
Amend sec. 2, page 4, line 6, by deleting “[(c)] (d)”
and inserting “(c)”.
Amend sec. 2, page 4, line 9, by deleting “[(d)] (e)”
and inserting “(d)”.
Amend sec. 2, page 4, by deleting lines 18 and 19 and inserting: “public lands if:
(I) Elk or game mammals not native to this state have caused damage to the area near such sources of water; and
(II) A source of water for livestock and wildlife is available outside such a fence and within a reasonable distance from such a fence or will be made available at such a location.”.
Amend sec. 2, page 4, lines 29 and 30 by deleting: “section:
(a) “Public” and inserting: “section, “public”.
Amend sec. 2, page 4, line 32, by deleting “(1)” and inserting “(a)”.
Amend sec. 2, page 4, line 33, by deleting “(2)” and inserting “(b)”.
Amend sec. 2, page 4, line 36, by deleting “(3)” and inserting “(c)”.
Amend sec. 2, page 4, line 40, by deleting “(4)” and inserting “(d)”.
Amend sec. 2, page 4, line 42, by deleting “(5)” and inserting “(e)”.
Amend sec. 2, page 5, by deleting lines 1 through 3.
Amend the bill as a whole by deleting sections 3 through 6.
Amend the title of the bill to read as follows:
“AN ACT relating to wildlife; providing for the payment of money or materials to prevent or mitigate damages caused by certain animals to fences on private and public lands and to construct fences around certain areas of those lands under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions concerning compensation from Board of Wildlife Commissioners for damage to certain property or land caused by certain animals. (BDR 45‑883)”.
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 365.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 171.
Amend section 1, page 1, by deleting “47,” and inserting “47.5,”.
Amend sec. 5, page 2, by deleting lines 25 through 29 and inserting:
“2. In lieu of an appraisal, the guardian may file:
(a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:
(1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and
(2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.
(b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.”.
Amend sec. 6, page 3, line 2, by deleting “sells” and inserting “purchases”.
Amend sec. 8, page 3, lines 28 and 31, by deleting “2” and inserting “1”.
Amend sec. 10, page 4, by deleting lines 26 and 27 and inserting: “money from the sale may be paid as ordered by the court and the mortgage or”.
Amend sec. 16, page 6, line 9, after “published” by inserting: “not less than”.
Amend sec. 23, page 9, by deleting line 24 and inserting: “insufficient to cover the bid and”.
Amend sec. 47, page 16, line 15, after “its” by inserting “notice of”.
Amend the bill as a whole by adding a new section designated sec. 47.5, following sec. 47, to read as follows:
“1. Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:
(a) Make or change the last will and testament of the ward.
(b) Make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary.
(c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.
(d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:
(1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;
(2) Provides expressly that a guardian may not revoke or modify the trust; or
(3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.
2. The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the guardian proves by clear and convincing evidence that:
(a) A person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:
(1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or
(2) Will benefit from the lack of such an instrument; and
(b) A reasonably prudent person or the ward, if competent, would take the proposed action.
3. The petition must be signed by the guardian and contain:
(a) The name, date of birth and current address of the ward;
(b) A concise statement as to the condition of the ward’s estate; and
(c) A concise statement as to the necessity for the proposed action.
4. As used in this section:
(a) “Exploitation” means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.
(2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of his money, assets or property.
As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.
(b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.”.
Amend sec. 49, page 16, line 42, by deleting “an” and inserting “a mentally”.
Amend the bill as a whole by adding a new section designated sec. 52.5, following sec. 52, to read as follows:
“Sec. 52.5. NRS 159.026 is hereby amended to read as follows:
159.026 “Special guardian” means a guardian of a person
of limited capacity [.] , including, without limitation, such a
guardian who is appointed because a person of limited capacity has voluntarily
petitioned for the appointment and the court has determined that the person has
the requisite capacity to make such a petition.”.
Amend sec. 54, page 17, by deleting line 38 and inserting:
“6. Guardians ad litem.”.
Amend sec. 57, pages 18 and 19, by deleting lines 24
through 44 on
page 18 and lines 1 through 14 on page 19 and inserting:
“2. [The] To the extent the petitioner knows
or reasonably may ascertain or obtain, the petition must [state:]
include, without limitation:
(a) The name and address of the petitioner.
(b) The name, [age] date of birth and current
address of the proposed ward. [If he]
(c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver’s license number;
(4) A valid identification card number; or
(5) A valid passport number.
If the information required pursuant to this paragraph is
not included with the petition, the information must be provided to the court
not later than
60 days after the appointment of a guardian or as otherwise ordered by the
court.
(d) If the proposed ward is a minor, [the
petition must state] the date on which he will attain the age of majority
and [whether he]
(1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.
[(c)] (e) Whether the proposed ward is a
resident or nonresident of this state.
[(d)] (f) The names and addresses [, so
far as they are known to the petitioner,] of the spouse of the proposed
ward and the relatives of the proposed ward who are within the
second degree [.
(e)] of consanguinity.
(g) The name , date of birth and current address of the proposed guardian.
[(f) That]
(h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver’s license number;
(4) A valid identification card number; or
(5) A valid passport number.
(i) Whether the proposed guardian has [never]
ever been”.
Amend sec. 57, page 19, line 19, by deleting “(h)” and inserting “(j)”.
Amend sec. 57, page 19, line 29, by deleting “(i)” and inserting “(k)”.
Amend sec. 57, page 19, line 31, by deleting “(j)” and inserting “(l)”.
Amend sec. 57, page 19, line 38, by deleting “(k)” and inserting “(m)”.
Amend sec. 57, page 19, line 41, by deleting “(l)” and inserting “(n)”.
Amend sec. 57, page 20, line 1, by deleting “(m)” and inserting “(o)”.
Amend sec. 57, page 20, line 4, by deleting “(n)” and inserting “(p)”.
Amend sec. 57, page 20, line 10, by deleting “(o)” and inserting “(q)”.
Amend sec. 57, page 20, line 12, by deleting “(p)” and inserting “(r)”.
Amend sec. 57, page 20, line 14, by deleting “(q)” and inserting “(s)”.
Amend sec. 59, page 21, by deleting line 17 and inserting:
“(b) Upon the spouse of the proposed ward and all other known relatives of the proposed ward who are:”.
Amend sec. 59, page 21, by deleting line 19 and inserting:
“(2) Within the second degree of consanguinity;”.
Amend sec. 59, page 21, by deleting line 23 and inserting:
“(2) Within the second degree of consanguinity;”.
Amend sec. 59, page 21, line 24, after “there” by inserting: “is no spouse of the proposed ward and there”.
Amend sec. 59, page 21, line 25, by deleting “or affinity”.
Amend sec. 62, page 23, by deleting lines 19 and 20 and inserting: “entitled to reasonable compensation which must be paid from the estate of the adult ward or proposed adult ward and is subject to the approval of the court. If the court finds that a person has”.
Amend sec. 64, page 25, lines 6 and 7, by deleting
“subsection 7,” and inserting: [“subsection 7,] subsections 7 and 8,”.
Amend sec. 64, page 25, by deleting lines 23 through 26 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 65, page 26, lines 43 and 44, by deleting
“subsection 7,” and inserting: “[subsection 7,] subsections 7 and 8,”.
Amend sec. 65, page 27, by deleting lines 26 through 29 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 66, page 28, lines 42 and 43, by deleting
“subsection 7,” and inserting: “[subsection 7,] subsections 7 and 8,”.
Amend sec. 66, page 29, by deleting lines 29 through 32 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 71, pages 31 and 32, by deleting line 44 on
page 31 and line 1 on page 32 and inserting: “[(b) Caused the
appointment to be filed]
(c) Is not a petitioner”.
Amend sec. 71, page 32, by deleting line 5 and
inserting: “child, spouse, parent or other adult [.] , unless the
court finds that it is in the best interests of the ward to appoint the person
as the guardian of the ward.”.
Amend sec. 72, page 32, lines 41 and 43, by deleting “shall” and inserting “may”.
Amend sec. 72, page 33, by deleting lines 7 through 9 and inserting:
“(f) Any request for the appointment of any other interested person that the court deems appropriate.
4. If the court finds that there is no suitable person to appoint as guardian pursuant to subsection 3, the court shall appoint as”.
Amend sec. 72, page 33, by deleting lines 16 through 18 and inserting: “pursuant to chapter 253 of NRS; or
(b) A private fiduciary who may obtain a bond in this state and who is a resident of this state, if:”.
Amend sec. 93, page 42, by deleting lines 11 and 12 and
inserting: “159.113 1. [At any time after his appointment,] Before
taking any of the following actions, the guardian [of the estate may]
shall”.
Amend sec. 93, page 42, by deleting line 17 and inserting:
“(d) [Enter] Except as otherwise provided in
NRS 159.079, enter into contracts for the ward or complete the”.
Amend sec. 93, pages 42 and 43, by deleting lines 31
through 45 on
page 42 and lines 1 through 12 on page 43 and inserting:
“(l) Exercise the right of the ward to take under or against a will.
(m) Transfer to a trust created by the ward any property unintentionally omitted from the trust.
(n) Submit a revocable trust to the jurisdiction of the court if:
(1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or
(2) The trust was created by the court.
(o) Take any other action which the guardian deems would be in the best interests of the ward.”.
Amend sec. 94, page 43, line 32, by deleting “159.113,”
and inserting: “159.113 [,] or section 47.5 of this act,”.
Amend sec. 94, page 44, by deleting lines 17 and 18 and inserting:
“(b) The spouse of the ward and other heirs [at
law and next of kin,] of the ward who are related within the second
degree of consanguinity so far”.
Amend sec. 95, page 45, by deleting lines 28 through 35 and inserting:
“4. Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the ward in the manner in which the ward had invested the assets before the ward’s incapacity.”.
Amend sec. 103, page 49, by deleting lines 14 through 21
and inserting: “create the interest at
the time [he executed] the will or interest was created, but was
not competent to make a will or create the interest at the time of the
sale or transfer and never executed a valid later will [after removal of the
legal disability,] or changed the manner in which the ward held the
interest, the devisee , beneficiary or legatee may [at his
option] elect to take the proceeds of [such] the sale
or other transfer [with the incidents of a] of the interest, specific
devise or bequest.”.
Amend sec. 107, page 51, by deleting lines 23 through 25 and inserting:
“2. Reasonable compensation and services [will]
:
(a) Must be based upon similar services performed
for persons who are not under a legal disability [.] ; and
(b) Are subject to the approval of the court.”.
Amend sec. 108, page 51, lines 32 and 33, by deleting:
“law . [;
(b)]” and inserting: “law;
[(b)]”.
Amend sec. 108, page 51, line 34, by deleting “159.059.” and inserting “159.059;”.
Amend sec. 108, page 51, line 36, by deleting “years” and inserting “years;”.
Amend sec. 108, page 51, lines 38 and 39, by deleting:
“ward . [;
(c)]” and inserting: “ward;
[(c)]”.
Amend sec. 108, page 51, line 44, by deleting “estate.” and inserting “estate;”.
Amend sec. 108, page 52, line 3, by deleting “injury.” and inserting “injury; or”.
Amend sec. 117, page 57, lines 37 and 38, by deleting: “guardian for a limited duration” and inserting: “short-term guardian”.
Amend section 117, page 57, by deleting lines 40 and 41 and inserting:
“8. The appointment of a [temporary] short-term
guardian pursuant to this section:”.
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. 388.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 189.
Amend sec. 2, page 2, by deleting lines 35 and 36 and inserting: “benefits, or any combination thereof, and any other benefit appropriate for an entity that qualifies as a voluntary employees’ beneficiary”.
Amend the bill as a whole by deleting sections 9 and 10 and renumbering sections 11 through 13 as sections 9 through 11.
Amend sec. 12, page 9, line 33, by deleting “11,” and inserting “9,”.
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. 515.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 347.
Amend section 1, page 2, by deleting line 20 and inserting: “, except as otherwise provided in subsection 2, as follows:”.
Amend sec. 5, page 4, line 2, by deleting “$75,000;” and inserting “$70,000;”.
Amend sec. 5, page 4, line 3, by deleting “$400,000.” and inserting “$100,000.”.
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Assemblyman Parks moved that upon return from the
printer
Assembly Bill No. 515 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. 530.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 350.
Amend section 1, page 2, line 15, by deleting “30-day”
and inserting
“45-day”.
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 56.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 269.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 3.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 396, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties; Mayor pro tempore.
1. The Mayor shall:
(a) Preside over the meetings of the City Council [,
and he may vote only in case of a tie. The Mayor may not vote on any proposed
ordinance.] , but is not entitled to vote on any procedural, substantive
or other matter.
(b) Act as the head of the government of the City for all purposes.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.
2. The Mayor may veto all matters passed by the City Council if he gives notice in writing to the City Clerk within 10 days of the action taken by the City Council. A veto may be overturned only by a vote of at least four-fifths of the City Council. An action requiring the expenditure of money is not effective without the approval of the Mayor, unless he does not disapprove the action within 10 days after it is taken by the City Council, or the City Council by a four-fifths majority approves such expenditure at a regular meeting.
3. The City Council shall elect one of its members to be Mayor pro tempore. He shall:
(a) Hold the office and title until the next election without additional compensation, except as otherwise provided in paragraph (c).
(b) Perform the duties of Mayor during the temporary absence or disability of the Mayor without loss of his rights and powers as a member of the Council.
(c) Act as Mayor until the next election if the office of Mayor becomes vacant and draw the salary of Mayor. His salary and position as a member of the Council cease.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the City of Sparks; providing that the boundaries of wards must be determined on the basis of population; eliminating the authority of the Mayor to vote on any matter; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Amends provisions of Charter of City of Sparks governing boundaries of wards and voting powers of Mayor. (BDR S‑211)”.
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. 349.
Bill read second time.
The following amendment was proposed by the Committee on
Health and Human Services:
Amendment No. 246.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend the bill as a whole by deleting sec. 3 and adding new sections designated sections 2 through 4, following sec. 2, to read as follows:
“Sec. 2. NRS 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
[1.] (a) Renewal of a license as a
physician assistant; or
[2.] (b) Biennial registration of the
holder of a license to practice medicine, require each holder to comply with
the requirements for continuing education adopted by the Board. These
requirements may provide for the completion of one or more courses of
instruction relating to risk management in the performance of medical services.
2. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
Sec. 3. NRS 632.343 is hereby amended to read as follows:
632.343 1. The Board shall not renew any license issued
under this chapter until the licensee has submitted proof satisfactory to the
Board of completion, during the 2-year period before renewal of the license, of
30 hours in a program of continuing education approved by the Board. The
licensee is exempt from this provision for the first biennial period after graduation
from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in the process of obtaining accreditation; or
(d) An approved school of practical nursing in the process of obtaining accreditation.
2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.
3. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
Sec. 4. This act becomes effective on July 1, 2003.”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to older persons; requiring the Board of Medical Examiners and the State Board of Nursing to encourage licensees who treat or care for persons who are more than 60 years of age to receive continuing education in geriatrics and gerontology; removing the limitation”.
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. 539.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 232.
Amend section 1, page 1, line 6, by deleting “$300” and
inserting “[$300] $1,500”.
Amend the title of the bill, third line, after “body;” by inserting: “increasing the maximum dollar amount of supplies that a governing body may purchase each month from a member of the body in certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning contracts into
which members of certain governing bodies may enter with governing body.
(BDR 27-169)”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Oceguera moved that Assembly Bill No. 166 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:01 p.m.
ASSEMBLY IN SESSION
At 12:02 p.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Notice of Exemption
April 15, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 381.
|
Mark Stevens |
|
Fiscal Analysis Division |
general file and third reading
Assembly Bill No. 57.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 57:
Yeas—42.
Nays—None.
Assembly Bill No. 57 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 132.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 132:
Yeas—42.
Nays—None.
Assembly Bill No. 132 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 155.
Bill read third time.
Remarks by Assemblyman Conklin.
Roll call on Assembly Bill No. 155:
Yeas—42.
Nays—None.
Assembly Bill No. 155 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 225.
Bill read third time.
Remarks by Assemblyman Christensen.
Roll call on Assembly Bill No. 225:
Yeas—42.
Nays—None.
Assembly Bill No. 225 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 235.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 235:
Yeas—42.
Nays—None.
Assembly Bill No. 235 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 250.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 494.
Amend sec. 2, page 3, by deleting lines 15 through 19 and inserting: “aid, further or conceal an act of terrorism, the felony may be”.
Amend sec. 7, page 7, line 42, after “7.” by inserting “1.”.
Amend sec. 7, page 8, by deleting lines 1 through 3 and inserting:
“(a) Cause great bodily harm or death to the general population; or”.
Amend sec. 7, page 8, line 4, by deleting “2.” and inserting “(b)”.
Amend sec. 7, page 8, line 6, by deleting “(a)” and inserting “(1)”.
Amend sec. 7, page 8, line 8, by deleting “(b)” and inserting “(2)”.
Amend sec. 7, page 8, between lines 8 and 9, by inserting:
“2. As used in this section, “coercion” does not include an act of civil disobedience.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
Assembly Bill No. 253.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 253:
Yeas—42.
Nays—None.
Assembly Bill No. 253 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 255.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 255:
Yeas—42.
Nays—None.
Assembly Bill No. 255 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 273.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 273:
Yeas—42.
Nays—None.
Assembly Bill No. 273 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Assembly Bill No. 444 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
general file and third reading
Assembly Bill No. 331
Bill read third time.
Remarks by Assemblyman McCleary.
Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:24 p.m.
ASSEMBLY IN SESSION
At 12:27 p.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman McCleary moved that Assembly Bill No. 331 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman McCleary.
Motion carried.
general file and third reading
Assembly Bill No. 407.
Bill read third time.
Remarks by Assemblyman Hardy.
Roll call on Assembly Bill No. 407:
Yeas—41.
Nays—Manendo.
Assembly Bill No. 407 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 468.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 468:
Yeas—42.
Nays—None.
Assembly Bill No. 468 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 501.
Bill read third time.
Remarks by Assemblyman Horne.
Roll call on Assembly Bill No. 501:
Yeas—42.
Nays—None.
Assembly Bill No. 501 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 505.
Bill read third time.
Remarks by Assemblyman Horne.
Roll call on Assembly Bill No. 505:
Yeas—42.
Nays—None.
Assembly Bill No. 505 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 166.
Bill read third time.
Remarks by Assemblymen Brown and Buckley.
Roll call on Assembly Bill No. 166:
Yeas—42.
Nays—None.
Assembly Bill No. 166 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 258, 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 Goldwater moved that Assembly Bill No. 258 be placed on the Second Reading File.
Motion carried.
Assemblyman Anderson gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 505 was this day passed.
SECOND READING AND AMENDMENT
Assembly Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 268.
Amend sec. 2, page 1, line 6, by deleting “lotion; or” and inserting “lotion;”.
Amend sec. 2, page 1, line 8, by deleting the period and inserting “; or”.
Amend sec. 2, page 1, between lines 8 and 9, by inserting:
“3. Combs the hair of a customer.”.
Amend sec. 19, page 7, by deleting lines 14 through 18 and inserting:
“2. The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, shampoo assistants, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from leasing space to or employing a barber.”.
Amend sec. 21, page 7, by deleting lines 34 and 35 and
inserting: extending over a period of not [less than 10 months nor] more
than [24]
36 months, and maintain a course of practical training and technical”.
Amend sec. 24, page 9, line 20, by deleting “644.427” and inserting “644.477”.
Amend the title of the bill by deleting the third through fifth lines and inserting: imposing a fee for the issuance or renewal”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater and Beers.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assemblywoman Buckley moved that the Assembly recess until 4:45 p.m.
Motion carried.
Assembly in recess at 12:43 p.m.
ASSEMBLY IN SESSION
At 5:11 p.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Mr. Speaker pro Tempore
appointed Assemblymen McCleary and Andonov as a committee to invite the Senate
to meet in Joint Session with the Assembly to hear an address by United States
Representative
Shelley Berkley.
The President of the Senate and members of the Senate appeared before the Bar of the Assembly.
Mr. Speaker pro Tempore invited the President of the Senate to the Speaker’s rostrum.
Mr. Speaker pro Tempore invited the Members of the Senate to chairs in the Assembly.
IN JOINT SESSION
At 5:18 p.m.
President of the Senate presiding.
The Secretary of the Senate called the Senate roll.
All present except Senators Coffin, Neal, and Townsend, who were excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblyman Knecht, who was excused.
The President of the Senate appointed a Committee on Escort consisting of Senator Carlton and Assemblywoman McClain to wait upon Representative Berkley and escort her to the Assembly Chamber.
The Committee on Escort in company with The Honorable Shelley Berkley, United States Representative from Nevada, appeared before the Bar of the Assembly.
The Committee on Escort escorted the Representative to the rostrum.
Mr. Speaker pro Tempore welcomed Representative Berkley and invited her to deliver her message.
Shelley Berkley, United States Representative, delivered her message as follows:
Message To The Legislature Of Nevada
SeventY-SECOND Session, 2003
Thank you, Speaker pro Tempore Williams. It is a pleasure for me to be here. I know how busy you are at this time during the legislative session and I appreciate you giving me the opportunity to speak with you for a few minutes. I was reminiscing with some of the people that I saw as I came into the Chamber, and while I walked around the halls today it occurred to me that I served in the Nevada State Assembly 20 years ago. It is amazing how quickly time flies. My son was an infant at the time I was elected. Those of you who were here remember I was bringing him back and forth and now he will be 21 in June, and that makes me much older now than I was then.
I am going to attempt to wing this speech. I received many calls from the legislative staff asking if I could please give them a written speech so they could enter it into the record. I have become very bored with listening to elected officials read their speeches. Since I find them boring I can’t imagine any one of you would find my words inspirational if I read them, so I am going to try to do this with just the benefit of some head notes.
As busy as I have been in Washington, D.C., over the last several months, during such an extraordinarily difficult time, I have tried to keep in touch with everything that is happening here and the challenges you have in the Nevada State Legislature. I know they are daunting and I wanted to congratulate all of you and pay homage to you for the incredible work that you do with limited staff and resources. I think you do a great job on behalf of the people that you represent. I particularly want to acknowledge the Assembly Leadership for having a very robust agenda for the first 45 days. In spite of all the challenges you have, you have kept this Legislature on track and passed legislation that is important to the people you represent. I think this is of paramount importance and I applaud you. I want to congratulate Senator Titus on her Red Rock victory yesterday in committee. I also want to thank Governor Guinn for staying the course and being extremely courageous in what you are doing. I am honored that you are here.
I wanted to address a number of issues today. I sit on three committees, the Transportation and Infrastructure Committee, the Veterans Affairs Committee, and the International Relations Committee. I thought I would share what we are doing on those three committees to give you a better feel of what I do. I also want to talk about the energy legislation that was just passed, as well as the federal budget and its impact on the state of Nevada, those you represent, and all of you.
I would like to talk about the Transportation and Infrastructure Committee. This is my major committee in Congress. I sit on the Aviation Subcommittee and the Ground Transportation Subcommittee. Of importance this year, we are doing the reauthorization of T21, which gives us the authority to fund our projects for the next five years. If it isn’t in this year’s budget, it will not be funded for the next five years. Being in a growth state like Nevada, it is very important that we get these projects through, and we should get them through this year. Each of us, in our own congressional district, has a number of projects for which we are requesting funding. I am concentrating on CD1. Congressman Porter, who is also on the Transportation Committee, has a number of projects, many of which interlock with mine. They have been divided up in the best way we can to serve the people that we represent. Of course, Congressman Gibbons has his own set of requests that he is working on as well. The number one priority for the Nevada Department of Transportation (NDOT) is the Clark County Beltway system-to-system interchanges, which is I-215. We have four projects within the I-215 Corridor. The first project is the expansion of the airport connector. If any of you have tried to get to McCarran Airport from I-215 you know how difficult it is with increasing congestion on almost a daily basis. This is going to be corrected. The next project is to create a Summerland interchange. If any of you live in Summerland and are using I-215, you know the amount of traffic I-215 and Summerland is getting. We are also widening I-15 north of US 95 to the speedway and widening US 95 north of Craig Road to the Beltway. All of these projects are very important to the future growth and development of the Las Vegas Valley.
The second project for which we are requesting funds is the Las Vegas Multimodal Transit System, consisting of three components. I am committed, as is the Regional Transportation Commission, to southern Nevada. We have a continuing commitment to a fully integrated transit system throughout the Las Vegas Valley. The first component is the Las Vegas Resort Corridor Fixed Guideway Airport Extension. In plain English, that means the new monorail system will extend from where it is currently beginning to the airport. This is a very big project, and it is important that we get the funding this year. As part of this intermodal system, we are working on a Citizens Area Transit Rail (CAT). The CAT-Rail is a state-of-the-art bus system that will bring people from the outlying areas and the Henderson area to the airport so that they can utilize the intermodal system.
The third component is the Central City Intermodal Transportation Terminal. This will be the major transit center for the metropolitan area in southern Nevada. It includes several facilities for various transportation modes, the CAT System, the Metropolitan Area Express (MAX) Bus Rapid Transit System, and the monorail, all converging in the same place. You can start in Henderson and end up in downtown Las Vegas with very few transit stops. It is big, it is important, it is the wave of the future, and we are going for all the dollars we can in order to receive funding.
The third project I am
requesting is money for the Nevada-California Magnetic Levitation Train. This
is a very important project for the future of the state of Nevada. If there is
another terrorist attack on United States soil and the state of Nevada
experiences the same economic downturn because people are not coming to Nevada,
we are going to be in a world of hurt, economically. Right now, 46 percent of
the people that come to southern Nevada to enjoy our wholesome family
entertainment come through McCarran Airport. If people stop flying then our
127,000 hotel rooms will not be filled. The 2 ½ employees who are hired for each
hotel room will have trouble getting work. We cannot afford again what happened
on 9/11, losing
20,000 jobs almost overnight. We are hoping the Magnetic Levitation Train
System will transport people from the southern California area, our major
market in southern Nevada, and bring them to the Las Vegas Valley without
having to fly through McCarran Airport. I had a meeting in Las Vegas yesterday
with the Chairman of the Transportation Committee, Don Young, and he has
assured us this project is front and center and will probably be funded this
year. There are several other projects throughout the state of Nevada, which I
will allow my colleagues to discuss.
The second committee that I sit on is the Veterans Affairs Committee. I have the fastest growing veterans population in the United States in southern Nevada. I have 200,000 veterans. Many of them went through the Vietnam War, the Korean War, or World War II. These veterans are not getting any younger and since we have the fastest growing senior population in southern Nevada, it converges. Many of the veterans depend upon the VA System in order to receive their health care needs met. In 1997, before I was elected to the United States Congress, I just happened to be at the ribbon cutting for the Addeliar D. Guy III VA Clinic on Martin Luther King Boulevard. Five years after that ribbon cutting, in a building that should have lasted many decades, the building has now been condemned as uninhabitable for humans. Consequently, the VA is in the process of closing that building. Until we get a new building to service our veterans, they will receive their health care needs at eight different locations in southern Nevada. It is going to be extremely difficult for our older veterans to be standing in the heat or the cold and wait for a bus to pick them up and take them from one location to another to have their health care needs met. It is very important that we get a replacement VA health care clinic as soon as possible. I have an assurance from the VA Secretary, who has visited Las Vegas on numerous occasions, that within three years we will have a state-of-the-art, 250,000-square-foot VA clinic to service our veterans in southern Nevada. We had better have it because the leases we have on the eight locations are three-year leases. We don’t want to extend them for another three years. It is very important that we get this accomplished. We are looking for land in southern Nevada. The Request For Proposal has been issued and we are anxious that this is awarded soon and we get the VA clinic. There are 200,000 veterans in southern Nevada depending on us to do this and I have promised that we will, in fact, get it done.
In addition, the veterans in southern Nevada need to have a full-service hospital of their own. Certainly with 200,000 veterans in the Las Vegas Valley, I think we have reached a critical mass so that they don’t have to share the facilities at Nellis Air Force Base. Approximately 1,500 of our veterans have to go out of state every year in order to get their acute health care needs met. We are taking older Americans, who do not have much money and have very little family, away from their loved ones at a time when they need their support, and sending them several hundred miles away in order to get health care. That is unacceptable to me and I am sure it is unacceptable to everyone in this room. We will work on getting the full service VA hospital as soon as we get the health care clinic completed. When we are done with that we are going to go after a long-term care facility because our veterans don’t have a long-term health care facility in the Las Vegas area funded by the federal government, which we need. These are the issues we are working on in the Veterans Affairs Committee.
My third committee is the International Relations Committee. I sit on the Middle East/South Asian Subcommittee. My area of jurisdiction is Afghanistan, Pakistan, India, Iran, Iraq, and the entire Middle East. When I was appointed to this committee I did not anticipate that this would be where all the action is in the United State House of Representatives. It has been an extraordinary experience to have a bird’s-eye view on what is going on globally and its impact on the United States of America.
I want to touch very lightly on Iraq and the Middle East. I supported the President’s plan to go into Iraq by first going to the United Nations and getting the support, which we initially did in a 15-0 vote by the Security Council. I also voted for legislation that we authorize the President to go in unilaterally if necessary. He, in fact, did and I am grateful that after a month of hostilities things are winding down successfully. I think the easy part is over. The challenge now is in winning the peace. We are going to have our hands full and it is going to be very important. I believe bringing democracy, liberty, and freedom to the Iraqi people will change the paradigm in the Middle East. It is very important that this is done. I do not think there can be peace in the world and an end to terrorism, which is a relatively new phenomenon for those of us who live in the United States, if we do not solve the Middle East crisis, a situation which is not getting any better. I am supporting the President in his road map for Middle East peace and I urge you to watch what happens now that things are winding down in Iraq. I can assure you that the next area the President is going to concentrate on is bringing peace to the Middle East. I believe that the Israelis are entitled to a peaceful existence within secure borders. They are entitled to be recognized for their right to exist by their Arab neighbors and free from random terrorist attacks. I believe the Palestinian people are entitled to a homeland of their own.
For those in our country who are concerned that we went over the United Nations by going into Iraq, let me suggest this to you. There will be a role for the United Nations to play, but the United States could not abdicate our national security interest to anyone, any country, any entity. In the end, it is the United States, the United States government, and all of us who are public servants that owe our constituents protection and the right to be free, have liberty and freedom, and I believe that we did the right thing. When you think of the United Nations, please keep in mind that before we relinquish any responsibility to the United Nations, Syria, a rogue country, is a member of the Security Council, although a nonvoting member. Libya is chairman of the Human Rights Committee and Iraq is chairman of the Disarmament Committee, something they know something about now.
I want to talk to you briefly about this nation’s energy policy. I recently voted against the Administration’s energy bill. In my opinion it does nothing to promote a long-term sustainable, affordable policy in this nation. I agree with the President that we have to get away from our dependence and reliance on foreign oil sources, for so many reasons, including security reasons and foreign interest reasons. It is a mistake to be relying our energy needs on dictators and potentates that we ordinarily would not be spending any time with and would be enemies of ours. We make a lot of compromises in order to get that oil, and we should not. Where I part company with the Administration is on the new reliance on nuclear power in order to sustain this nation’s energy needs. In the legislation that I voted against, there is a $1 billion subsidy to the nuclear industry. The problem with that, of course, for all of us in Nevada, is this nation has never figured out what it is going to do with its nuclear waste. If we subsidize the nuclear industry to the tune of $1 billion in order to build new power plants, the end result of nuclear energy is nuclear waste. We don’t know what to do with it and this nation’s solution is to put it in a hole in the Nevada desert. I will reiterate to you, we don’t want it, we don’t need it, and this is twentieth century technology in a twenty-first century world. Certainly there is a better way of providing for our energy needs and not spending it in a hole in the Nevada desert.
Another problem with this
legislation is the so-called “Price-Anderson Amendment.” This amendment caps
the industry’s liability for any nuclear accident. The federal government is
indemnifying the nuclear industry with taxpayers’ money. If there is a
catastrophic accident in any of the nuclear power plants, it is the American
taxpayers who will be footing the bill, and not the nuclear industry, for
whatever negligence caused the problem. That is wrong. Excuse the cost of
nuclear power and excuse it to the low side. If we had to account for insurance
needs and the indemnification of the nuclear industry, I can guarantee that
nuclear power would be a lot more expensive than they say it is. I think this
really skews the numbers dramatically. It is easy to criticize, but what do I
think is important? I think we should be investing in renewable energy
sources. If the federal government wants Nevada to be the epicenter of energy
needs in this country, then let us. Let us harness the sun, wind, geothermal
energy, and hydrogen cells. We can do it if we invest the dollars in renewable
energy sources. Rather than put $308 billion into Yucca Mountain, the latest
estimate of what it is going to cost, let us take a portion of that and
subsidize the fledgling solar energy companies, wind power companies, and
hydrogen cell companies. Let’s do something productive with that money and make
this nation energy
self-sufficient and leave a legacy to our children, our children’s children,
and Americans yet unborn, so that we can take care of their energy needs for
generations to come. I must give you all credit. I know Nevada has one of the
most ambitious renewable portfolios in the entire nation, and I am proud to say
I stole your idea and introduced it in the House of Representatives. The United
States of America would be very wise to follow Nevada’s lead when it comes to
renewable energy.
Let me talk briefly about
the federal budget. This is the final issue that I wish to discuss. The budget
that was passed last week in Congress and its potential fiscal impact on Nevada
are things you have to hear about and you need to know, because it is going to
impact you, the State, and whatever services we can provide for our constituents.
It is important for you to know I voted for the $1.3 trillion tax in 2001. I
was one of 27 Democrats who crossed party lines in order to vote for this
legislation. I voted for the elimination of the marriage penalty tax. I voted
for the elimination of the so-called death tax. I am not adverse to cutting
taxes. I thought they were appropriate taxes to cut. I also did it in an
atmosphere where we had a $5.6 trillion surplus in this country; there was no
war against terrorism, no war in Iraq, no such thing as homeland security
needs. This time Congress passed a budget containing tax cuts of over $1.2
trillion, none of which is designed to stimulate the economy. The cut came at a
time when we are running a $400 billion deficit, just this year alone, with no
hope of turning that around until at least another decade; at a time 42 states,
including the state of Nevada, are in fiscal crisis; at a time when we have no
idea how long we will be in Iraq, or how much it will cost. We don’t know how
long the war on terrorism will be, where it will take us, or what the ultimate
cost of the war will be. This is a time when the baby boomers are thinking
about retiring and expecting their Social Security checks. This is also a time
when we have been under great pressure to finally deliver on a prescription
medication benefit that we have been promising the United States of America for
the last eight years. To fund the tax cut, the Administration proposes the
following cuts in the federal budget, which will impact Nevada. A 7.8 percent
cut in the Federal Highway Fund;
7.8 percent does not sound like a lot, but Nevada’s share totals to $16
million, which equates to 760 construction jobs that will be lost if we cut the
federal highway dollars by 7.8 percent. At a time when our economy is soft we
cannot afford to lose one job, let alone 760 jobs. If you want to talk about
stimulating the economy, laying people off is not the way. A $250 billion cut
to Medicaid and Medicare over the next ten years translates to a $1.2 billion
cut to the state of Nevada. That would have devastating consequences on our
state budget and I think you in this room know, far better than I, the cost of
your Medicaid programs. Talk to the doctors about cutting Medicare, when many
doctors are calling my office and telling me they are not going to treat senior
citizens because they are not able to afford to anymore. There is a limit to
waste, fraud, and abuse, and if you talk to our doctors, they will tell you
they are there now.
The proposed education budget is flat. That has devastating consequences for growth states like Nevada. The 2004 Education Budget eliminates 47 education programs. The program that leapt to my eyes when I reviewed it was the Dropout Prevention Program. It has been zeroed out. Nevada has one of the highest dropout rates in the United States. We cannot afford to lose a penny of dropout prevention money. Quite the contrary, we need far more. The No Child Left Behind Program was $9 billion below the amount authorized for 2004. What this should be called is “Leave Every Child Behind.” It doesn’t matter if the programs are passed if there is no money to fund them. After-school programs had a 41 percent cut. Ask Sheriff Young what this will do to the crime rate in southern Nevada. He will tell you, as he told me, that if we eliminate the after school programs, juvenile crime between 3:00 p.m. to 8:00 p.m. is going to skyrocket. That is obvious for societal reasons in southern Nevada and I suspect throughout the state of Nevada. We cannot afford to do without these programs. They make our nation better, make our nation stronger, make our state better, and make the people we represent better citizens and a part of the American dream. That is our responsibility to the people we represent.
I love my job. It is an honor to serve in the United States House of Representatives and represent your hometown. When we first moved to Las Vegas when I was 11 years old, the first thing we did when we drove into town was to drive down the Las Vegas Strip. I remember thinking to myself, this is the most incredible street that I have ever seen. I drive down that street 40 years later and I have the same reaction. I know how blessed I am that my family decided to make Nevada its home 40 years ago. I am very grateful to all of you and to the people of southern Nevada for giving me an opportunity to represent them in our nation’s capital. I also want to take this opportunity to tell all of you how much I admire the work that you do during extraordinarily difficult times. We, in public service, have a responsibility to the people we represent. It is very easy to fulfill that responsibility when things are good, the economy is strong, our nation is at peace, and everybody feels good. It is a little more challenging when things aren’t going as well. I have great faith in this nation, the people I represent, and all of the people of the great state of Nevada. When I stand up on the Floor of the House and start speaking about the great state of Nevada, I don’t say it as a throw-away line. It is a great state, a wonderful state, and you do a remarkable job. I want to thank you on behalf of the people I represent to the people you represent. Thank you, and God bless.
Senator Titus moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Berkley for her timely, able, and constructive message.
Seconded by Assemblyman Oceguera.
Motion carried unanimously.
The Committee on Escort escorted Representative Berkley to the Bar of the Assembly.
Senator Schneider moved that the Joint Session be dissolved.
Seconded by Assemblyman Horne.
Motion carried.
Joint Session dissolved at 5:52 p.m.
ASSEMBLY IN SESSION
At 5:53 p.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman
Arberry, the privilege of the floor of the Assembly Chamber for this day was
extended to Jim Keenan and
Virginia E. Keenan.
On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Smith.
On request of Assemblyman
Beers, the privilege of the floor of the Assembly Chamber for this day was
extended to Sarah Beers and
Kyle Beers.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Jordan Martin.
On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Theron Jensen.
On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Dale Appel.
On request of Assemblyman Knecht, the privilege of the floor of the
Assembly Chamber for this day was extended to Richard Ziser, Sarah
Adler, Pat Quinn-Davis, Karissa Block, Tania Figueroa, Molly Fronapfel,
Murphy Gardner, Margaret Gebhardt, Mitchell Grover, Tiffany Halen, Kendra
Jones, Ashley Kottke, Lisamarie Lindberg, Jack Maloney,
Constance Mcalman, Kaley Perry, Travis Trethan, Kameron-Chelsea Vindiola,
Samantha Wang, Linsey Wegener, Pia Wendell, Aaron Mousitsen, Meaghan Antle,
John Berger, Jessica Goddard, Erin Holderman,
Stephanie Mercier, Richard Panozzo, Todd Parker, Elizabeth Rankl,
Quinn Reid, Annamarie Theuret, Dean Wildman, Logan Young,
Joy Ellington, Robert Reynolds, Kayla Olson, Christel Williams,
Charles Ferreira, Sarah Hutchinson, Michelle Summers, Jim Gustafson, Janae
Baldwin, Teneya Cramer, Chrystal Martens, Ben Auer, and
Christina Hanson.
On request of
Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for
this day was extended to Jane Levitt,
Alice Chameides, Millie Potter, Virginia Kimball, Lucille Franchini,
Helen Jackson, Amelia Klink, Edna Pearl, Nancy Shapiro, and
Bonnie Golde.
On request of Assemblywoman Pierce, the privilege of the floor of the Assembly Chamber for this day was extended to Marjan Hajibandeh.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 16, 2003, at 10:30 a.m.
Motion carried.
Assembly adjourned at 5:53 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon