THE FIFTIETH DAY
Carson City (Monday), March 24, 2003
Senate called to order at 11:11 a.m.
President Hunt presiding.
Roll called.
All present except Senator Wiener, who was excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
God, thank You for the men and women who have willingly served to
protect and preserve American freedoms in the past centuries. Thank You for
those who fought to preserve the unity of this Nation. Thank You for those who
gave up comforts, home, family time, luxuries, hobbies and so much more in
their efforts to provide all of us with the freedom to enjoy those very same
things. And most important, thank You for those who made the ultimate
sacrifice—their own lives—so that freedom, goodness and truth can continue to
define the land.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Finance, to which was referred Senate Bill No. 198, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
William J. Raggio, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which was referred Senate
Concurrent Resolution No. 12, has had the same under consideration, and begs
leave to report the same back with the recommendation: Be adopted.
Barbara Cegavske, Vice Chairman
Madam
President:
Your
Committee on Judiciary, to which was referred Senate Bill No. 242, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Also,
your Committee on Judiciary, to which was referred Senate Bill No. 3, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass, and re-refer to the Committee on Finance.
Mark E. Amodei, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 21, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
concurred in the Senate Amendment No. 74 to Assembly Bill No. 252.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
WAIVERS AND EXEMPTIONS
Notice
of Exemption
March 24, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of: Senate
Bills Nos. 171, 226, 230, 235, 239, 240, 255, 270, 280, 299, 305, 344, 349,
352, 366, 368, 370, 391.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Amodei moved that Senate Bill No. 3 be re-referred to the Committee on Finance.
Remarks by Senator Amodei.
Motion carried.
Senator Amodei moved that Assembly Bill No. 53 be taken from the Secretary's desk and placed on the bottom of the General File.
Remarks by Senator Amodei.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 402—AN ACT relating to redevelopment; revising provisions governing the distribution of certain property tax revenues to a redevelopment agency to exclude revenue from taxes levied by or for the benefit of a school district in the redevelopment area in certain counties; requiring a legislative body in such a county to amend an existing ordinance providing for such a distribution of revenues to include such an exclusion; prohibiting the impairment of any outstanding obligations of a redevelopment agency in such a county as a result of such an exclusion; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 403—AN ACT relating to criminal procedure; requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 404—AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to impose the tax on sales of items purchased by this state and local governments for resale to the public; contingently imposing analogous taxes on such sales; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 405—AN ACT relating to motor vehicles; allowing certain owners of fleets of motor vehicles to apply for participation in the program allowing the electronic submission and storage of certain documents relating to the registration and ownership of motor vehicles; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Bill No. 406—AN ACT relating to purchasing by governmental agencies; encouraging governmental agencies to procure goods and services from privately owned businesses, companies and corporations when to do so would be practicable, in the best interests of the residents of this state and not contrary to the laws of this state; directing the Legislative Commission to consider creating a document to be used by governmental agencies in determining whether to procure goods and services from public or private sources; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By the Committee on Finance:
Senate Bill No. 407—AN ACT making a supplemental appropriation to the Western Interstate Commission for Higher Education for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the reclassification of a position; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 408—AN ACT making a supplemental appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for an unanticipated shortfall in Fiscal Year 2002-2003 for expenditures relating to psychiatric services and clinical hours at rural clinics; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 409—AN ACT relating to the judiciary; authorizing in skeleton form justices of the peace and municipal judges to participate in the Judicial Retirement Plan under certain circumstances; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 410—AN ACT making a supplemental appropriation to the Department of Motor Vehicles for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from increased postage rates and mailing requirements; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 411—AN ACT relating to public health; revising certain provisions relating to the qualifications and appointment of the State Health Officer; adding qualifications relating to the education and work experience of the State Health Officer; placing the State Health Officer in the unclassified service of the State; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 412—AN ACT relating to medical and other related facilities; authorizing the State Board of Health to allow or require the payment of fees for licensing such facilities in installments; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 413—AN ACT relating to the University and Community College System of Nevada; revising the definition of “pledged revenues” for the purposes of the University Securities Law; increasing the total authorized principal amount of certain revenue bonds that the Board of Regents may issue for facilities at the University of Nevada, Reno, and the University of Nevada, Las Vegas; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 414—AN ACT relating to public utilities; repealing the prospective increase in the number of commissioners comprising the Public Utilities Commission of Nevada; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Finance:
Senate Bill No. 415—AN ACT relating to taxes on estates; removing certain restrictions on the use of money in the Estate Tax Account in the Endowment Fund of the University and Community College System of Nevada; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 416—AN ACT relating to projects of capital improvement; authorizing the issuance of general obligation bonds and other securities to finance the completion of the Fish Hatchery Refurbishment Project; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 417—AN ACT relating to elections; creating the Election Fund in the State Treasury to receive money pursuant to the Help America Vote Act of 2002; prescribing conditions for the receipt and use of money in the Fund; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Finance:
Senate Bill No. 418—AN ACT relating to state financial administration; authorizing the University and Community College System of Nevada to carry forward 50 percent of the unexpended appropriations from one fiscal year to the following fiscal year; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 419—AN ACT relating to the control of emissions from engines; increasing certain fees collected by the Department of Motor Vehicles; increasing the amount of money paid into the Pollution Control Account that is available for certain grants; modifying the permissible uses of money in the Account; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Finance:
Senate Bill No. 420—AN ACT relating to wildlife; requiring the Division of Wildlife of the State Department of Conservation and Natural Resources and the Board of Wildlife Commissioners to periodically adjust fees to reflect increases or decreases in the Consumer Price Index; authorizing the Division under certain circumstances to suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document of a person who fails to pay a civil penalty timely; prohibiting certain persons from hunting certain upland game birds under certain circumstances; imposing and revising certain fees; creating the Habitat Conservation Account in the State General Fund; requiring the Commission to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 421—AN ACT relating to utility service; revising and expanding the powers and duties of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General; authorizing the Consumer’s Advocate to conduct investigations of the condition and management of providers of electric service; authorizing the Consumer’s Advocate to take administrative action and impose administrative fines against noncomplying providers under certain circumstances; authorizing the Consumer’s Advocate to appear or intervene in certain proceedings; requiring certain providers of electric service to comply with a portfolio standard for distributed generation systems; authorizing the Public Utilities Commission of Nevada to take administrative action and impose administrative fines against noncomplying providers under certain circumstances; authorizing counties and cities to form municipal aggregation coalitions to aggregate the electrical load of customers and to purchase energy and related services from providers of new electric resources; requiring certain eligible customers to make certain payments before being authorized to purchase energy and related services from providers of new electric resources; authorizing the Consumer’s Advocate to continue to perform certain functions relating to telecommunication services; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 422—AN ACT relating to service stations; revising certain provisions relating to the operation of service stations by a refiner; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 423—AN ACT relating to unemployment compensation; increasing the period during which the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation may recover an overpayment of unemployment compensation benefits; authorizing the Administrator to establish or provide support for job training programs in the public and private sectors for training, retraining or improving the skills of persons employed in this state; authorizing the filing of an action for judicial review of a final decision of the Board of Review concerning a claim for unemployment benefits in any district court in this state; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 424—AN ACT relating to redevelopment; providing an additional alternative procedure for the appointment of the membership of a redevelopment agency; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 425—AN ACT relating to pharmacy; increasing the fee for the biennial renewal of a license for a manufacturer or wholesaler; abolishing inactive licenses; revising provisions governing prescriptions purchased with cash; revising provisions governing a rehearing of the State Board of Pharmacy concerning a contest or appeal of a decision of the Board; repealing the requirement that a notice concerning the substitution of certain drugs be displayed in a pharmacy; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 426—AN ACT relating to wireless telecommunications; establishing a statewide procedure for approval by a zoning authority of an application for the placement, construction or modification of a facility for personal wireless service under certain circumstances; authorizing a zoning authority to impose a fee to process an application; requiring that a denial of an application be in writing and supported by substantial evidence contained in a written record; providing for the appeal in the district court of a denial of an application on an expedited basis; requiring an award of attorney’s fees under certain circumstances; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 427—AN ACT relating to veterinarians; eliminating the requirement that a complaint filed with the Nevada State Board of Veterinary Medical Examiners must be verified; eliminating the requirement that an application for the renewal of a license must be notarized; clarifying the provisions governing the attorney’s fees and costs that the Board may recover from a licensee for certain actions committed by the licensee; revising the procedure for the disposition of complaints filed with the Board; revising certain provisions relating to the confidentiality of records and information concerning an investigation conducted by the Board; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 428—AN ACT relating to real estate; making various changes regarding the powers and duties of the Real Estate Commission, the Real Estate Division of the Department of Business and Industry and the Commission of Appraisers of Real Estate; revising provisions governing the regulation of property managers; authorizing certain agencies to conduct business electronically; authorizing the investigation and audit of certain accounts of a real estate broker; expanding the power of certain agencies to impose fines and penalties for certain unlawful conduct and to deny, suspend and revoke licenses under certain circumstances; increasing certain fees and authorizing certain agencies to establish other fees by regulation; making certain conduct unlawful; providing penalties; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 429—AN ACT relating to communication services; prohibiting certain regulations relating to high-speed Internet access service and broadband service; enacting various provisions regulating video programming service provided by certain governmental entities; restricting the powers of certain governmental entities with regard to video programming service; requiring the Public Utilities Commission of Nevada to regulate certain governmental entities that provide video programming service; prohibiting certain governmental entities from providing the services of a community antenna television system; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 430—AN ACT relating to criminal procedure; making various changes to provide a person who is honorably discharged from probation or parole, or pardoned or released from prison after serving his sentence, to petition the court for a restoration of his civil rights, a release from all penalties and disabilities resulting from his conviction and his right to bear arms; authorizing a court that seals the records of conviction of a person to restore the person’s right to bear arms; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 431—AN ACT relating to gaming; providing that a license to conduct live game broadcasts may be issued to a resort hotel holding a nonrestricted license; providing for the collection of certain fees relating to live game broadcasts; requiring a licensed franchise holder to establish and maintain a refundable revolving fund to pay the expenses relating to the investigation of the licensed franchise holder’s compliance with all applicable laws and regulations pertaining to live game broadcasts; authorizing the Nevada Gaming Commission to adopt regulations governing the licensing and operation of live game broadcasts if the Commission first makes certain determinations; prohibiting a person from conducting live game broadcasts until the Commission adopts regulations and unless the person procures and maintains all licenses required pursuant to the provisions of this act and the regulations adopted by the Commission; providing that only a licensed disseminator may disseminate live game broadcasts via satellite; prescribing the duties of a disseminator in disseminating live game broadcasts; requiring a person authorized to receive live game broadcasts to procure all licenses and approvals from the jurisdiction in which the person is located and to establish procedures pertaining to live game broadcasts; authorizing the State Gaming Control Board to suspend the dissemination of live game broadcasts to certain authorized users without prior notice or hearing under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 432—AN ACT relating to gaming; revising the provisions pertaining to the acquisition or disposition of an interest in a business entity that holds a state gaming license or the option to purchase such an interest; requiring a person employed as a gaming employee to be registered as a gaming employee by the State Gaming Control Board; requiring the Board to investigate each person applying for registration or renewal of registration as a gaming employee; providing for a fee for processing an application for registration as a gaming employee; authorizing the Nevada Gaming Commission to adopt regulations prescribing the manner for submission of payments by licensees; authorizing the Commission to adopt regulations allowing a person who owns antique gaming devices to sell such devices without procuring a license; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 433—AN ACT relating to evidence; allowing certain witnesses to submit into evidence laboratory reports in lieu of personal testimony; expanding the purpose for which certain evidence is admissible; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 434—AN ACT relating to exempt property; exempting from execution by creditors certain money held in a trust forming part of a qualified tuition program; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 435—AN ACT relating to writs of habeas corpus; requiring leave of the district court to be obtained before the filing of certain subsequent postconviction petitions for writ of habeas corpus; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 436—AN ACT relating to business; authorizing the use of electronic records by a corporation under certain circumstances; adding definitions and clarifying various definitions pertaining to records, documents and signatures; revising certain provisions pertaining to corporations, including reinstatement, the number of directors and officers, the bylaws, liability of directors and officers, inspection of financial records, proxies, meetings, amendment of articles, business combinations and procedures for dissolution after issuance of stock or beginning of business; revising various provisions pertaining to limited-liability companies, including clarifying when business is being transacted in this state, charging orders, names, contracting of debts and signing of deeds and mortgages and correction of inaccurate records; revising various provisions pertaining to business trusts; revising various provisions pertaining to mergers, conversions and exchanges of business entities; revising certain provisions pertaining to the Uniform Commercial Code; revising certain provisions pertaining to recording of certain documents pertaining to real property; revising various provisions pertaining to the use of fictitious names; making various other changes to provisions pertaining to business; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 173.
Bill read second time and ordered to third reading.
Senate Bill No. 200.
Bill read second time and ordered to third reading.
Senate Bill No. 233.
Bill read second time and ordered to third reading.
Assembly Bill No. 137.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 205.
Bill read third time.
Remarks by Senators Coffin and Amodei.
Senator Coffin requested that the following remarks be entered in the Journal.
Senator Coffin:
Under our definition in the amendment, a minor is
someone under the age of twenty-one and older than age seven. What was not
amended from the bill was the provision in section 1, lines 10 and 11, and on
the next page, the definition of “impairment.” Would the smell of alcohol be a
sign of impairment?
Senator Amodei:
Under
existing case law in Nevada, the nasal senses are considered an objective
sense; the answer to your question would be, yes. If an arresting officer can
recount facts that he smelled a strong odor of alcohol about the person who is
the subject of the investigation, then, that would be considered an objective
sign of use of alcohol.
Senator Coffin:
Therefore, whether it was a strong smell or a weak
one would be, perhaps, in the nose of the beholder. Let me get to a
circumstance that might happen. I wonder if the committee had this in mind.
The
Capitol District has contributed more than its share of young men and women to
this war effort. Many of those people are under the age of 21, but over the age
of 18. What if they come home to Carson City and someone who is not their
parent, and may even be an elected official, takes them out to celebrate their
safe return and buys them a beer? Would that young person be considered, under
this definition, guilty of a misdemeanor?
Senator Amodei:
Since I know of no federal jurisdictional enclaves
within the confines of Carson City, the answer to your question is, within the
discretion of the prosecuting attorney, yes.
Senator Coffin:
I am sorry it does not appear that there is much
discretion given to the prosecuting authorities. The bill, as stated, says,
“The minor is guilty of a misdemeanor.” I am not a lawyer, but it seems this is
a very strict definition of what impairment might be.
Senator Amodei:
Yes, it does, but by virtue of the Constitution of
the United States and language in the Bill of Rights about being innocent until
proven guilty, we cannot, by statute, outlaw the process by which you are
charged with a crime and prosecuted and found guilty in accordance with what
the crime punishment is. Since we are talking about a misdemeanor, you would
have to be charged and found guilty by a judicial officer or admit to what
happened before that would happen. We are not creating a strict liability
offense by where you would forfeit your ability to go through the prosecutorial
channels and through the judicial channels.
I
will refer back to my initial response. If you come back as a member of the
armed services, if this bill goes into effect, and the present hostilities are
still in effect, and you are not with your parents or in some sort of religious
environment, then you may be subject to potential prosecution under this
provision. If you have it “in your system,” as opposed to “in your possession,”
which is in statute now, you would be subject to the same sort of prosecution
under existing law. At this time, by statute, you would not have had to drink
any, only to be in possession of a can of your favorite malt beverage to be
guilty of a misdemeanor.
Senator Coffin:
The
answer assumes the person is still in the federal service, and if so, in remote
circumstances, they would be exempt for this. In all likelihood, any young
person, whether they are celebrating their graduation from high school or
whether they may just be walking on the street having had a drink or two and
not driving, they could be, and probably will be, arrested by a policeman under
this law. They are not in control of a dangerous vehicle like an automobile,
truck or a horse. You are going to put a very high standard on moral behavior
with this law. I just wanted to know if the rest of the committee thought and
considered what standard of behavior it is imposing upon the population of this
State. This will create an extra load for law enforcement and for the judges of
the State as they try to determine guilt or innocence based upon someone’s
olfactory nerves.
Senator Amodei:
I would not presume to speak for the other six
members of the committee as to why they did or did not support the measure as
it came out. I think my colleague from Clark County has sufficiently framed the
issue, and I am ready to vote on it. Thank you.
Senator Coffin:
I cannot
vote yes on this bill.
Senator Neal:
Some of the Senators might ask why someone requests
an amendment to a bill, and then votes against it. In rereading the bill, it
occurred to me that this bill allowed unbridled discretion for teenagers to be
stopped and to be tested for alcohol. We have received information in this
Legislature through a report from the Attorney General that indicated an
inordinate number of under-age African-Americans and Hispanics are being
stopped by the police. They are being handcuffed because of the discretion the
police have. As I looked at this bill, this would give another reason to stop
more of them illegally. For that reason, I voted against the bill.
Roll call on Senate Bill No. 205:
Yeas—18.
Nays—Coffin, Neal—2.
Excused—Wiener.
Senate Bill No. 205 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 24, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 9.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 9—Designating
March 24, 2003, as Suicide Prevention Day in Nevada.
Whereas, The State of
Nevada has ranked at the top of the list of states having the highest rates of
suicide for at least 2 decades, with a rate that is twice the national average;
and
Whereas, Suicide is the fifth leading
cause of death in Nevada, exceeded only by heart disease, cancer, pulmonary
disease and stroke, and Nevada is the only state in which suicides outnumber
deaths related to motor vehicles; and
Whereas, Research indicates that the
vast majority of suicide victims in Nevada are actually residents of this
state, and not tourists as is the typical assumption; and
Whereas, The most common methods of
committing suicide in this state involve the use of firearms, the ingestion of
poison, or suffocation or asphyxiation; and
Whereas, In the report entitled National
Strategy for Suicide Prevention: Goals and Objectives for Action, issued by
the Surgeon General of the United States in 2001, the plan to reduce the high
rate of suicide in our Nation emphasized the importance of public awareness of
suicide as a serious, but preventable, public health problem; and
Whereas, Research conducted by public
health and mental health agencies in Nevada reveals a lack of public awareness
of the seriousness of the problem of suicide in our State and the lack of a
comprehensive suicide prevention program in Nevada for the mentally ill and
homeless; and
Whereas, There has been an admitted
need to improve suicide prevention programs in Nevada’s schools because studies
show that 30 percent of middle school and high school students in Nevada have
experienced depression, a leading indicator of suicide, and that nearly 20
percent of students have seriously considered attempting suicide; and
Whereas, The rural counties in Nevada
have a higher rate of suicide than the larger counties of Clark and Washoe, and
the need for the State to develop a suicide strategy that recognizes the unique
culture of these smaller communities would be beneficial to the entire State;
and
Whereas, Because of the larger
populations in Washoe and Clark Counties, the residents of those counties must
also be made aware of the gravity of the problem of suicide; and
Whereas, The continuing effectiveness
of public campaigns waged against public health problems such as tuberculosis,
heart disease, unintentional injury, and alcohol, tobacco and drug abuse cannot
be overstated; and
Whereas, The recognition of suicide as
a public health problem and the institution of a public campaign in which all
Nevadans form a coalition to address suicide prevention, with the goal of
reducing suicides in each community, constitutes a productive first step in
overcoming this devastating problem; and
Whereas, Cooperative efforts such as
the Crisis Call Center in Reno, Nevada, with support from the Division of
Mental Health and Developmental Services of the Department of Human Resources,
and the Yellow Ribbon Program in Douglas County, a community-based suicide
prevention program, have a great impact in reducing suicide and serve as models
for coping with the problems related to suicide; now, therefore, be it
Resolved by the Assembly of the State of
Nevada, the Senate Concurring, That March 24, 2003, is hereby designated
as Suicide Prevention Day in Nevada; and be it further
Resolved, That the members of the 72nd
Session of the Nevada Legislature are committed to creating a greater public
awareness of the seriousness of the problem of suicide in Nevada; and be it
further
Resolved, That all Nevadans are hereby
urged to address the problem of suicide in this state by providing education
regarding suicide prevention and by furnishing support for the surviving family
and friends of suicide victims; and be it further
Resolved, That the Chief Clerk of the
Assembly prepare and transmit a copy of this resolution to the Crisis Call
Center in Reno, Nevada.
Senator O'Connell moved the adoption of the resolution.
Remarks by Senators O'Connell, Nolan and Cegavske.
Senator O'Connell requested that the following remarks be entered in the Journal.
Senator O'Connell:
Thank
you, Madam President. It is probably not necessary to speak on this resolution.
I know it will be approved without any words. However, I want to put faces with
many of the families who have suffered from this needless tragedy. Many will be
known to you in this room. Until I chaired the interim committee for the
prevention of suicide, I had never really given much thought to a phrase from
Shakespeare’s Hamlet, but now I know that phrase is probably the last
question asked by hundreds of Nevadans every year. It was the last question
asked by the fathers of U.S. Senator Harry Reid and Assemblywoman Dawn Gibbons,
the last question asked by three of Sprint lobbyist Margaret McMillian’s
immediate family and by two family members of former lobbyist Joyce Newman.
During
the interim study on this issue, a member of our committee, former
Assemblywoman Debbie Smith, lost a member of her family to suicide. I am
certain it was the last question before he jumped from the roof of the
Stratosphere in Las Vegas. It was the last question from the grandmother of
Legislative Counsel Bureau’s researcher, Don Williams, from the uncle of
Senator Cegavske and from a member of my family, a cousin. Let us not forget
one of Legislative Counsel Bureau’s librarians who took her life a few years
ago. The phrase I refer to, of course, is Hamlet’s question, “To be or not to
be.” The aforementioned family members felt they had no choice and chose not to
be.
This body can take a positive step with a bill currently in
committee, Senate Bill No. 49. Let there be more who choose life over death. I
urge your support of not only Assembly Concurrent Resolution No. 9 but also
Senate Bill No. 49 which will make that step a reality.
Senator Nolan:
Thank you, Madam President. I rise in support of Assembly
Concurrent Resolution No. 9 as I did before the committee. I researched this
issue and bills involving suicide. During a 15-year career as an Emergency
Medical Technician provider, I responded to a number of suicides. It was not
really until I became an investigator with Clark County Coroner’s Office and
investigated a number of suicides, that I truly realized how epidemic this
problem is in our State. On any particular day, you could not walk into the
office without seeing a number of names on the board of people who had
committed suicide. As an investigator, one of my responsibilities while trying
to console the family is to determine a mode, cause, manner of death and why
that individual may have taken his/her own life. While standing over some of
these people, I have picked up a note that explained the circumstances of why
they did what they did. One of the two common denominators in suicides is that
people quite often are intelligent, bright, articulate and productive in our
society. Many of them are successful business leaders who came upon
circumstances through which they could not find their way. The second common
denominator is that most had issues that could have been overcome. Loved ones
and family who are close say they wish they could have helped them through this
situation, whether it was from counselors, 800 numbers or someone who could
talk them through that particular moment when they had to face death. Again, I
would urge my colleagues to support this suicide prevention resolution as a
very easy fix to problems by helping people through situations in their life
which in an instant can either make the determination of life or death.
Senator Cegavske:
Thank you Madam President. I also stand in support of Assembly
Concurrent Resolution No. 9. I want to commend and thank all the members
of that subcommittee for the long hours they put in during the difficult hearings.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
GENERAL FILE AND THIRD READING
Assembly Bill No. 27.
Bill read third time.
Remarks by Senator Amodei.
Roll call on Assembly Bill No. 27:
Yeas—20.
Nays—None.
Excused—Wiener.
Assembly Bill No. 27 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 46.
Bill read third time.
Roll call on Assembly Bill No. 46:
Yeas—20.
Nays—None.
Excused—Wiener.
Assembly Bill No. 46 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 129.
Bill read third time.
Roll call on Assembly Bill No. 129:
Yeas—20.
Nays—None.
Excused—Wiener.
Assembly Bill No. 129 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 53.
Bill read third time.
The following amendment was proposed by Senator Amodei:
Amendment No. 83.
Amend section 1, page 2, by deleting lines 5 through 16, and inserting:
“(c) “Provider
of health care” includes any of the following persons, if the person is
rendering emergency care or assistance in an emergency:
(1) A physician or physician assistant.
(2)
A practitioner of respiratory care.
(3)
An osteopathic physician or osteopathic physician’s assistant.
(4)
A medical laboratory technician.
(5)
A nurse, student nurse or certified nursing assistant.
(6)
An attendant on an ambulance or air ambulance.
(7) An emergency medical technician.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei, Mathews, Rawson, Townsend, Care, Titus and Nolan .
Senator Mathews moved that Assembly Bill No. 53 be taken from the General File and placed on the Secretary’s desk.
Motion carried.
Senator Raggio moved that the Senate recess until 3:30 p.m.
Motion carried.
Senate in recess at 12:20 p.m.
SENATE IN SESSION
At 3:48 p.m.
President Hunt presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Senate Bill No. 437—AN ACT relating to contractors; prohibiting certain acts relating to the repair, restoration, improvement or construction of residential pools and spas; clarifying certain provisions that prohibit contractors from acting as owners of certain companies, corporations and business entities; providing penalties; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 438—AN ACT relating to common-interest communities; requiring community managers to be certified by the Real Estate Division of the Department of Business and Industry; providing for a construction penalty if a unit’s owner fails to adhere to a certain schedule; providing for delegate or representative voting in certain common-interest community associations; requiring the election or removal of a member of the executive board of an association to be conducted by secret ballot or by delegate voting; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; changing the time within which certain information must be provided to a prospective purchaser of a unit; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 439—AN ACT relating to public retirement systems; changing the term “fireman” to “firefighter”; requiring certain educational qualifications for certain persons employed by the Public Employees’ Retirement Board; limiting the length of designations of certain positions in government as being positions for which a monthly service retirement allowance may be paid when a previously retired employee fills the position during a critical labor shortage; providing for an adjustment to the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan; eliminating the restriction relating to eligibility for service credit in the calculation of the monthly retirement allowance of a member of the Judicial Retirement Plan; authorizing members of the Public Employees’ Retirement System and the Judicial Retirement System to designate additional payees to receive survivor benefits; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 440—AN ACT relating to taxation; providing for the postponement of the payment of property taxes in cases of severe economic hardship under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 441—AN ACT relating to taxation; establishing responsibility for the payment of bonded indebtedness upon consolidation of local governments; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 442—AN ACT relating to local governmental finances; requiring local governments that acquire certain public utilities or expand certain facilities for utility service to make certain payments or provide certain compensation in lieu of taxes and franchise fees; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 443—AN ACT relating to public records; revising the manner in which public books and other public records of governmental entities may be declared confidential; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 444—AN ACT relating to state property; authorizing the transfer of certain real property owned by the State of Nevada to the City of Las Vegas; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 445—AN ACT relating to tourism; eliminating the limit on the amount of revenue from taxes on the gross receipts from the rental of transient lodging that may be made available to the Committee for the Development of Projects Relating to Tourism for grants for the development of projects relating to tourism; eliminating the requirement that any money transferred from the Fund for the Promotion of Tourism to the State General Fund be approved by the Interim Finance Committee; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 446—AN ACT relating to the State Treasurer; authorizing the State Treasurer to appoint and employ two Senior Deputies in the unclassified service of the State; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 447—AN ACT relating to governmental financial administration; revising provisions relating to the securities in which local governments may invest; providing for expanded oversight by the State Treasurer concerning the collateral that must be maintained by financial institutions to secure certain deposits of public money made by state and local governmental entities; making various other changes concerning the duties of the State Treasurer; providing civil penalties; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 448—AN ACT relating to the State Treasurer; revising the authority of the State Treasurer to invest money held in certain trust funds; authorizing the State Treasurer to create a nonprofit corporation to purchase and collect tobacco proceeds; defining the term “tobacco proceeds”; revising the minimum qualification for receipt of a millennium scholarship; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 449—AN ACT relating to elections; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; requiring a fiscal note to be included when a question for only the voters of a special district or political subdivision is submitted to the county or city clerk; requiring a fiscal note to be included when a question for only the voters of a special district or political subdivision appears on the sample ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring a fiscal note to be included when an advisory question is adopted by resolution and submitted to the county or city clerk; requiring a fiscal note to be included when an advisory question appears on the sample ballot; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 450—AN ACT relating to the Nevada Equal Rights Commission; requiring the Commission to adopt the processing of complaints; revising requirements regarding the confidentiality of complaints and investigations; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 451—AN ACT relating to county recorders; revising format of certain documents that are filed in the office of the county recorder; authorizing county recorders to expend all money in an account established for the acquisition and improvement of technology used in the office of the county recorder; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 452—AN ACT relating to local governments; revising the provisions governing enterprise funds for building permit fees; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 453—AN ACT relating to elections; authorizing electors to register to vote and cast ballots on election day under certain circumstances; requiring county clerks and city clerks to appoint persons to be available on all election days for the purpose of registering electors to vote; authorizing the county or city clerk to designate centralized polling places or areas in polling places for precincts or districts in a county or city for use by electors who register to vote on election day; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 454—AN ACT making an appropriation for the development of a master’s degree program for public health nurses and dental hygienists at the University of Nevada, Las Vegas; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 455—AN ACT relating to emergency medical services; providing in skeleton form for the licensure of emergency medical technicians by the Committee on Emergency Medical Services; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 456—AN ACT relating to the Uniform Athletes’ Agents Act; revising various provisions of the Act; authorizing the Secretary of State to conduct certain investigations, issue certain orders and impose certain sanctions; authorizing the Secretary of State to recover the costs of certain proceedings; providing for the confidentiality of certain information and documents; authorizing the Secretary of State to adopt certain regulations; providing penalties for the violation of certain provisions, regulations and orders; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 457—AN ACT relating to education; prohibiting under certain circumstances the use or attempted use of a false or misleading educational credential; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 458—AN ACT relating to fire prevention; revising provisions governing interlocal agreements for the delegation of duties by the State Fire Marshal to local governments; revising provisions governing the State Board of Fire Services and the Fire Service Standards and Training Committee; providing for licensure of persons who maintain and install medical gas systems; revising provisions governing information and training provided by the State Fire Marshal; revising provisions governing hazardous materials and the issuance of permits for the storage of hazardous materials; revising provisions governing fire drills at schools; repealing provisions governing registration of qualified interior designers by the State Fire Marshal; authorizing the State Fire Marshal to include administrative and overhead costs in certain fees established by regulation; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 459—AN ACT relating to the Fund for a Healthy Nevada; revising the amount of the limit on the income of a senior citizen to qualify for a subsidy for the provision of prescription drugs and pharmaceutical services from money in the Fund for a Healthy Nevada; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 460—AN ACT relating to educational personnel; revising the definition of “immorality” applicable to the licensed employees of a school district to include the commission of certain drug-related offenses and sexual conduct or attempted sexual conduct with a pupil; providing that the employment of a teacher for whom a license is required must be terminated for failure to maintain a valid license; providing that certain administrative procedural protections do not apply to a teacher whose employment is terminated for failure to maintain a valid license; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 461—AN ACT relating to taxation; increasing the tax on cigarettes; revising the manner in which the proceeds of the tax are allocated; establishing a program to provide scholarships to certain students who are enrolled in a program of the University and Community College System of Nevada to become health care professionals and providing funding for that program from revenue from that tax; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 462—AN ACT relating to health care; creating the Division of Minority Health within the Department of Human Resources; creating an Advisory Committee to the Division of Minority Health; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 463—AN ACT relating to computer information transactions; adopting the Uniform Computer Information Transactions Act; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 464—AN ACT relating to vessels; revising the provisions governing the administration of the exemption from certain taxes on the sale of tangible personal property to be shipped outside this state to include the sale of a vessel to a nonresident under certain circumstances; providing for the computation of certain taxes on certain sales of used vessels; excluding the value of a vessel taken in trade from the sales price of a vessel for the purposes of certain taxes; requiring the Department of Motor Vehicles to issue a special permit for the movement of a vessel under certain circumstances; exempting a motorboat that has been documented pursuant to federal law from the requirement of obtaining a title pursuant to the provisions governing watercraft; requiring the Division of Wildlife of the State Department of Conservation and Natural Resources to collect certain taxes upon the sale or use of motorboats under certain circumstances; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 465—AN ACT relating to education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 466—AN ACT relating to taxation; authorizing the Department of Taxation and its employees to disclose information concerning whether or not a business has a business license issued by the Department; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 467—AN ACT relating to taxation; authorizing a special district to pledge a percentage of revenue received from the supplemental city-county relief tax for the payment of certain bonds issued by the special district; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 468—AN ACT relating to taxation; decreasing the limitation on the total ad valorem tax levy for all public purposes; exempting certain ad valorem tax levies from that limitation; clarifying the manner in which certain other limitations on ad valorem taxes are calculated; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 469—AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 470—AN ACT relating to taxation; authorizing a city that owns or operates an airport to impose certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; revising the method for the distribution of the proceeds of certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; revising certain restrictions on the expenditure of the proceeds of certain taxes on aviation fuel; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 471—AN ACT relating to taxation; revising certain provisions for the collection and administration of certain taxes and fees regarding petroleum products and fuels for motor vehicles and aircraft; making certain changes regarding the licensing, rights and responsibilities of certain dealers, suppliers, exporters, transporters and users of such fuels; providing a penalty; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 472—AN ACT relating to taxation; establishing the method for determining the total percentage of permanent service-related disability for the purposes of calculating the disabled veteran’s exemption from the property tax; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 473—AN ACT relating to economic development; making various changes to the provisions governing the abatement of taxes for new or expanded businesses; repealing the prospective expiration of certain amendments to those provisions; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 474—AN ACT relating to taxation; exempting ad valorem tax levies approved by the voters from the limitation on the total ad valorem tax levy for all public purposes under certain circumstances; clarifying the manner in which certain other limitations on ad valorem taxes are calculated; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 475—AN ACT relating to taxation; revising the manner of assessing the value of certain electric light and power companies; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 476—AN ACT relating to taxicabs; revising the provisions governing service as a member of the Taxicab Authority; increasing the amount of petty cash available for the support of undercover investigations conducted by the Taxicab Authority; revising the requirement for a physician’s certificate for employment as a driver of a taxicab; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 477—AN ACT relating to taxicabs; authorizing the Transportation Services Authority of the Department of Business and Industry to establish a system of allocations for taxicab motor carriers; authorizing a temporary increase in the allocation of such taxicabs; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 478—AN ACT relating to the Department of Public Safety; authorizing the Department to adopt certain regulations relating to motor carriers; clarifying the duty of the Department to enforce certain provisions relating to motor carriers; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 479—AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to require the payment of certain outstanding criminal fines and fees before registering a motor vehicle; authorizing a court to file a notice of such outstanding fines and fees with the Department of Motor Vehicles; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 480—AN ACT relating to traffic laws; deleting the provision which limits the issuance of a citation for a person’s failure to wear a safety belt in a motor vehicle to vehicles halted for other offenses; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 481—AN ACT relating to motor vehicles; establishing provisions relating to the maximum load weights per tire and the minimum number of tires per axle for vehicles allowed to operate on public highways of this state; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 482—AN ACT relating to vehicles; providing that certain leases of motor vehicles or trailers do not constitute sales or create security interests under certain circumstances; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 483—AN ACT relating to the Department of Motor Vehicles; applying the uniform system of demerit points to persons deemed to have future driving privileges; requiring the Department under certain circumstances to suspend the future driving privileges of such persons who accumulate demerit points; revising provisions governing the types of acceptable documentation to establish identification; providing for the expiration and renewal of identification cards; imposing fees for the renewal of identification cards; changing the period for reporting certain changes to or the loss of identification cards; requiring the Department to adopt regulations establishing certain fees for hazardous materials endorsements on commercial drivers’ licenses; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 484—AN ACT relating to agriculture; revising the membership of the Garlic and Onion Growers’ Advisory Board; eliminating the refund for certain assessments paid for growing and harvesting garlic or onions; revising the date by which a grower of garlic or onions must pay such an assessment; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 485—AN ACT relating to measurement standards; making various changes to provisions governing weights and measures; authorizing the State Sealer of Weights and Measures to adopt measurement standards by regulation; creating a Division of Measurement Standards within the State Department of Agriculture and prescribing its duties; providing the State Sealer of Weights and Measures with certain police powers; providing for the licensure of public weighmasters; providing for the establishment of certain fees; authorizing the State Sealer of Weights and Measures to establish civil penalties for certain violations; prohibiting certain acts; providing a penalty; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 486—AN ACT relating to animals; increasing the number of persons on the State Board of Agriculture; abolishing the State Board of Sheep Commissioners; transferring the powers and duties of the State Board of Sheep Commissioners to the State Board of Agriculture and the State Quarantine Officer; establishing a minimum for the special tax on sheep; revising provisions governing the payment of administrative expenses incurred by the State Board of Agriculture; authorizing a fee for brand inspections; providing for the gathering and disposition of feral livestock; abolishing the Nevada Beef Council; repealing the tax to promote beef; making various changes relating to quarantines of livestock and other animals; providing in certain circumstances for the recovery of the full appraised value of diseased animals which are destroyed; providing penalties; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 487—AN ACT relating to counties; authorizing the board of county commissioners of certain smaller counties to enter into certain agreements relating to the acquisition, development and distribution of water resources; authorizing the reimbursement of certain money and the sharing of certain proceeds in regard to such agreements; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 488—AN ACT making an appropriation to the Legislative Committee on Public Lands for a study to determine the feasibility of rehabilitating the Bishop Creek Dam in Elko County; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 489—AN ACT relating to taxation; exempting from the local school support tax and certain analogous taxes solar thermal energy systems that reduce the consumption of electricity or natural gas; delaying the prospective expiration of the exemption from those taxes for systems that use renewable energy to generate electricity; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 490—AN ACT relating to the tax for infrastructure; authorizing the boards of county commissioners of certain counties to use money in the infrastructure fund for the operation and maintenance of flood control projects; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 491—AN ACT relating to public works; requiring certain subcontractors to become qualified to be subcontractors on contracts for public works; revising the criteria that the State Public Works Board is required to adopt for the qualification of bidders on contracts for public works; authorizing the Board and the governing body of a local government to issue subpoenas relating to hearings on denials of applications for qualification to bid on or be subcontractors on contracts for public works; specifying the burden of proof in such hearings; revising the provisions governing the awarding of design-build contracts; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 23; Assembly Bills Nos. 22, 33, 93, 94, 101, 252.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Kymberly Ladaga.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from Wooster High School: Stacy Gomez, Jose Becerra, Chris Packer, Kristine Moli, Erica Wynn, Ted Burfoot, Lavette Caspy, Omar Ahmad, Conrald Retana, John Nanaman, Cody Harkema, Derrick Fischer, Naghtyali Gutterez, Anmol Solomon, Isabel Hinojos, Taunie Willaman, Glendale Gallardo, Sergio Calvillo, Wendy Roldan, Christian Flores, Manuel Becerra, Elisa Mendoza, Lyla Chase, Brittany Ringle, Jose Silva, Perry Jones, Aristotle Barangan, Aurello Salazar, Gustavo Gutierrez, Carlos Arrandia; chaperones: Olivia Roldan, Tauna Albertson and teacher: Valerie Fine.
On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Gary Bartlett, Kathy Jacobs, Casey Gillham and Cheryl Bricker.
Senator Raggio moved that the Senate adjourn until Tuesday, March 25, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 4:10 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate