THE SIXTY-EIGHTH DAY
Carson City (Friday), April 11, 2003
Senate called to order at 10:59 a.m.
President Hunt presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.
We pray that You will uphold our Senators of the State of Nevada
and help them in decisions they have yet to make. Please guide them in these
days of deliberation. Help them to accept graciously those individuals with
whom they do not agree; help them to accomplish those things together that
cannot be accomplished alone. Give each Senator Your support, Your guidance and
Your blessing in Your Holy Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Commerce and Labor, to which were referred Senate Bills Nos. 71,
163, 168, has had the same under consideration, and begs leave to report the
same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Finance, to which were referred Senate Bills Nos. 345, 401, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Do pass.
Also,
your Committee on Finance, to which were referred Senate Bills Nos. 246, 301,
415, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President
Your
Committee on Human Resources and Facilities, to which was referred Senate Bill
No. 456, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Barbara Cegavske, Vice Chairman
Madam
President:
Your
Committee on Natural Resources, to which was referred Senate Bill No. 420, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Re-refer to the Committee on Finance.
Dean A. Rhoads, Chairman
Madam
President:
Your
Committee on Taxation, to which was referred Senate Bill No. 466, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Mike McGinness, Chairman
Madam
President:
Your
Committee on Transportation, to which was referred Senate Bill No. 482, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Raymond C. Shaffer, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, April 9, 2003
To the Honorable
the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bill No. 443; Assembly Joint Resolution No. 4.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 21, 396.
Senator Washington moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:03 a.m.
SENATE IN SESSION
At 11:08 a.m.
President Hunt presiding.
Quorum present.
WAIVERS
AND EXEMPTIONS
Waiver
of Joint Standing Rules
A Waiver requested by Senator
William J. Raggio
For: Senate Bill No. 238.
To Waive:
Subsections 1 and 2 of Joint
Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3.
Has been granted effective: April 11, 2003.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rhoads moved that Senate Bill No. 420 be re-referred to the Committee on Finance.
Remarks by Senator Rhoads.
Motion carried.
Assembly Joint Resolution No. 4.
Senator Raggio moved that the resolution be referred to the Committee on Commerce and Labor.
Motion carried.
Senator Raggio moved that the following person be accepted as an
accredited press representative, and that he be assigned space at the press
table and allowed the use of appropriate media facilities: MEDIX 21,
INTERNATIONAL PRESS ASSOCIATION: Robert McLellan.
Motion carried.
INTRODUCTION, FIRST READING
AND REFERENCE
By the Committee on Finance:
Senate Bill No. 493—AN ACT making a supplemental appropriation to the Office of the Military for an unanticipated shortfall in money for utility costs in Fiscal Year 2002-2003; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 21.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 396.
Senator Townsend moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 443.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 53.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 174.
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 granted pursuant to subsection 1 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.”.
Senator Care moved the adoption of the amendment.
Remarks by Senators Care, Neal and Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you. With reference to the previous speaker’s
remarks, Clark County already collects a gaming tax on profits. They are the
only county with that authority.
I will support the amendment. I want to note that during
committee hearings, I supported pay increases for all elected officials named
in the bill. I did so because these elected officials have not had a salary
increase since 1995. They have gone eight years without a raise. I support the
salary increases for sheriffs and district attorneys, but I believe, we should
have addressed salary increases for other elected officials as well.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 93.
Bill read second time and ordered to third reading.
Senate Bill No. 99.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 209.
Amend the bill as a whole by renumbering sections 3 through 6 as sections 4 through 7 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 482.37905 is hereby amended to read as follows:
482.37905 1. Except as otherwise provided in this subsection, the Department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs , using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. The
Department may issue license plates that encourage the donation of human organs
for any passenger car or light commercial vehicle upon application by a person
who is entitled to license plates pursuant to NRS 482.265 and who
otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be combined with license plates
that encourage the donation of human organs if that person pays the fees for
the personalized prestige license plates in addition to the fees for the
license plates which encourage the donation of human organs pursuant to [subsection
3.] subsections 3 and 4.
3. The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and
governmental services taxes and the fee prescribed in subsection 3, a person
who requests a set of license plates to encourage the donation of human organs
must pay for the initial issuance of the plates an additional fee of $25 and
for each renewal of the plates an additional fee of $20.
5. The Department shall deposit the fees
collected pursuant to subsection 4 with the State Treasurer for credit to
the Anatomical Gift Account created in the State General Fund by NRS 460.150.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.”.
Amend sec. 6, page 5, line 35, after “of” by inserting: “sections 1, 2, 4 and 5”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of aviation; imposing a fee for the issuance and renewal of such license plates; imposing an additional fee for the issuance and renewal of such license plates and requiring the deposit of such additional fees in the Fund for Aviation in the State Treasury; imposing an additional fee for the issuance and renewal of special license plates to encourage the donation of human organs and requiring the deposit of such additional fees in the Anatomical Gift Account in the State General Fund; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing special license plates. (BDR 43‑923)”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 143.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 221.
Amend section 1, page 1, by deleting lines 7 and 8 and inserting:
“2. The money and property entrusted to the care of, and the fees or compensation received by the public administrators of the”.
Amend the bill as a whole by deleting sections 2 through 19, renumbering sec. 20 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 253.010 is hereby amended to read as follows:
253.010 1. Except as otherwise
provided in subsection [3,] 4,
public administrators must be elected by the qualified electors of their
respective counties.
2. Public
administrators must be chosen by the electors of their respective counties at
the general election in 1922 and at the general election every 4 years
thereafter, and shall enter upon the duties of their office on the 1st Monday
of January [subsequent to] after their
election.
3. In a county whose population is 100,000 or
more, the public administrator must:
(a) Be
a qualified elector of the county;
(b) Be
at least 21 years of age on the date he will take office;
(c) Not
have been convicted of a felony for which his civil rights have not been
restored by a court of competent jurisdiction;
(d) Not
have been found liable in a civil action involving a finding of fraud,
misrepresentation, material omission, misappropriation, theft or conversion;
and
(e) Possess:
(1)
A bachelor’s degree in accounting, finance, business or public administration
from a college or university that is accredited by an accrediting agency
recognized by the United States Department of Education;
(2)
A juris doctor from a law school accredited by the American Bar Association;
(3)
A juris doctor from a law school other than a law school accredited by the
American Bar Association if he has also been admitted to practice law by
examination in any jurisdiction of the United States; or
(4)
At least 3 years of full-time work experience in a professional capacity in a
field related to wills, trusts, estates, probate law or creditors’ claims.
4. The district attorneys of Lander, Lincoln and White Pine Counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The Clerk of Carson City shall serve as Public Administrator of Carson City.
Sec. 3. The amendatory provisions of section 2 of this act apply to public administrators appointed or elected after July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public administrators; revising the qualifications for public administrators in certain counties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises qualifications for public administrators in certain counties. (BDR 20-419)”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 176.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 175.
Amend section 1, page 1, line 7, by deleting “shall” and inserting “shall,”.
Amend section 1, page 1, line 8, by deleting “an affidavit” and inserting “a certificate”.
Amend section 1, page 2, line 1, by deleting “affidavit” and inserting “certificate”.
Amend section 1, page 2, line 7, by deleting “affidavit” and inserting “certificate”.
Amend section 1, page 2, line 8, by deleting “affiant,” and inserting: “person who prepared and signed the certificate,”.
Amend section 1, page 2, line 10, by deleting “An affidavit” and inserting “A certificate”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; requiring the preparation of a certificate to state that notice of certain hearings has been provided to the required persons and governmental entities; making such a certificate a public record; revising the requirements governing notice of a hearing regarding the amendment to a zoning boundary; revising the date by which a subdivider must present successive maps in a series of final maps; and providing other matters properly relating thereto.”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 179.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 179.
Amend sec. 11, page 5, by deleting lines 30 and 31 and inserting:
“(a) First be examined by a licensed physician or physician assistant or an advanced practitioner of nursing to determine”.
Amend sec. 21, page 9, line 40, by deleting
“society or” and inserting: “society [or] and”.
Amend the title of the bill by deleting the sixth through tenth lines and inserting: “requiring the transportation of an allegedly mentally ill person to a public or private mental health facility under an emergency admission for evaluation, observation and treatment and the examination of the person that is required before the transportation to be conducted in compliance with certain federal and state laws;”.
Senator Cegavske moved the adoption of the amendment.
Remarks by Senator Cegavske.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 192.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 223.
Amend sec. 5, page 2, line 28, by deleting “$350” and inserting “$200”.
Amend the bill as a whole by deleting sec. 11 and adding:
“Sec. 11. (Deleted by amendment.)”.
Amend sec. 17, page 9, line 11, after “NRS.”
by inserting: “If a court of competent
jurisdiction finds that the Authority exceeded its statutory authority in
suspending or revoking the certificate, permit or license, or imposing any
other penalty, or that such an act by the authority was capricious, arbitrary
or an abuse of discretion, the court shall award reasonable attorney’s fees and
court costs to a person aggrieved by the decision of the Authority.
6. Notwithstanding any provision of NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act to the contrary, the Authority shall not suspend or revoke a certificate, permit or license, or impose any other penalties authorized by NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act if that suspension, revocation or imposition of penalties would be in violation of federal law.”.
Amend sec. 21, page 12, line 1, by deleting “or hearing”.
Amend sec. 26, page 14, line 8, by deleting “or hearing”.
Amend the bill as a whole by deleting sec. 33 and adding:
“Sec. 33. (Deleted by amendment.)”.
Amend the title of the bill to read as follows:
“AN ACT relating to transportation; revising provisions governing the regulation of certain motor carriers and drivers; imposing an annual fee upon certain motor carriers; requiring drivers of certain motor carriers to obtain a driver’s permit from the Transportation Services Authority; imposing a fee for the issuance and renewal of such a permit; increasing the amount of certain application fees and filing fees; revising provisions relating to disciplinary action; providing for the recovery of attorney’s fees and court costs by persons aggrieved by actions of the Transportation Services Authority under certain circumstances; prohibiting discriminatory conduct by certain motor carriers and drivers; revising provisions relating to certificates of public convenience and necessity and permits; increasing the annual fee to operate a tow car; revising provisions governing the impoundment of certain vehicles; revising provisions relating to driver’s permits issued by the Taxicab Authority; revising provisions administered by the Taxicab Authority; providing penalties; and providing other matters properly relating thereto.”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 206.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 63.
Amend sec. 5, page 2, line 11, after “cessation of” by inserting “all”.
Amend the bill as a whole by deleting sec. 7 and adding:
“Sec. 7. (Deleted by amendment.)”.
Amend sec. 23, page 4, line 35, before “labor” by inserting: “planning, design, geotechnical and environmental investigations, surveying,”.
Amend sec. 26, page 6, line 21, by deleting “or” and inserting “and”.
Amend sec. 26, page 8, line 26, by deleting “all”.
Amend sec. 30, page 15, line 20, before “claimant” by inserting “lien”.
Amend sec. 30, page 15, between lines 29 and 30, by inserting: “Assessor’s Parcel Numbers”.
Amend sec. 30, page 15, line 37, by deleting “change orders,” and inserting: “changes and additions,”.
Amend sec. 38, page 24, line 40, before “owner;” by inserting “disinterested”.
Amend sec. 38, page 25, between lines 6 and 7, by inserting:
“4. As used in this section, “disinterested
owner” means an owner who did not personally or through his agent or
representative, directly or indirectly, request, require, authorize, consent to
or cause a work of improvement, or any portion thereof, to be constructed,
altered or repaired upon the property of the owner. The term must not be
interpreted to invalidate a notice of nonresponsibility recorded pursuant to
this section or to deny the rights granted pursuant to this section upon the
recording of a notice of nonresponsibility because:
(a) The disinterested owner
is a lessor or an optionor under a lease that requests, requires, authorizes or
consents to the lessee causing the work of improvement; and
(b) The lessee personally or through his agent or representative enters into a contract for improvements constructed, altered or repaired upon the property.”.
Amend sec. 41, page 27, line 17, by deleting “owner.” and inserting:
“owner or other person defending against the lien claim if the court finds that the notice of lien was pursued by the lien claimant without a reasonable basis in law or fact.”.
Amend sec. 45, page 31, lines 36 and 40, before “lien,” by inserting “notice of”.
Amend sec. 48, page 34, line 24, by deleting “action” and inserting: “action, or if no action has been commenced, file a petition with the court,”.
Amend sec. 48, page 34, line 39, by deleting “motion.” and inserting: “motion or petition.”.
Amend sec. 49, page 35, by deleting lines 39
and 40 and inserting: “discharge or defeat the right to perfect [such] the lien, if [such claim] the lien is reassigned to the lien
claimant, and thereafter [such lien”.
Amend sec. 51, page 36, between lines 26 and 27, by inserting: “Assessor’s Parcel Numbers”.
Amend sec. 53, page 38, by deleting lines 35 and 36 and inserting: “A lien claimant who is required by this section to give a notice of right to lien to an owner and who gives such a notice has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is given and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 262.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 160.
Amend section 1, page 1, by deleting lines 5
and 6 and inserting: “votes pursuant to
this chapter shall:
1. Transmit on paper or by electronic mail to
each public library in the jurisdiction of that person or entity; or
2. Post on a website maintained by that person
or entity on the Internet or its successor, if any,
a copy of each abstract that the person or
entity prepares within 30”.
Amend sec. 2, page 2, line 33, by deleting: “to each public library in the city” and inserting: “on paper or by electronic mail to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any,”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; requiring the Secretary of State, a board of county commissioners, a county clerk and any other person who prepares certain abstracts of votes to post such an abstract on a website on the Internet or transmit such an abstract to each public library within the jurisdiction of that person or entity; requiring a city clerk who certifies an abstract of votes to post such an abstract on a website on the Internet or transmit such an abstract to each public library in the city; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain abstracts of votes to be posted on certain websites or transmitted to certain public libraries. (BDR 24‑906)”.
Senator Tiffany moved the adoption of the amendment.
Remarks by Senator Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 280.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 156.
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 333 of NRS is hereby amended by adding thereto a new section to read as follows:
For
the purpose of awarding a contract pursuant to this chapter, if a person who
submits a bid or proposal:
1. Is a resident of a state other than the State
of Nevada; and
2. That other state, with respect to contracts
awarded by that other state or agencies of that other state, applies to bidders
or contractors who are residents of that state a preference which is not
afforded to bidders or contractors who are residents of the State of Nevada,
the person or entity responsible for
awarding the contract pursuant to this chapter shall, insofar as is
practicable, increase the person’s bid or proposal by an amount that is
substantially equivalent to the preference that the other state of which the
person is a resident denies to bidders or contractors who are residents of the
State of Nevada.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) If the advertisement is for bids, whether the Chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) A
summary of the provisions of section 1 of this act.
(e) The date and time not later than which responses must be received by the Purchasing Division.
[(e)] (f) The date and time when responses will be opened.
The Chief or his designated agent shall approve the copy for the advertisement.
2. Each advertisement must be published in at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 3. NRS 333.335 is hereby amended to read as follows:
333.335 1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or
(b) The Chief of the Purchasing Division, or a committee appointed by the Chief in accordance with the regulations adopted pursuant to NRS 333.135, if he is responsible for administering the proposal.
2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Chief of the Purchasing Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.
3. In making an award, the chief of the using agency, the Chief of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability
of the person submitting [a] the proposal;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(c) The price of the proposal [;] including the imposition of an inverse
preference described in section 1 of this act, if applicable; and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.
5. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal.
6. Each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Sec. 4. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the
lowest responsible bidder. To determine the lowest responsible bidder, the
Chief : [may consider:]
(a) Shall
consider, if applicable, the imposition of the inverse preference described in
section 1 of this act.
(b) May
consider:
(1) The location of the using agency to be supplied.
[(b)] (2) The qualities of the articles to be supplied.
[(c)] (3) The total cost of ownership of the articles to be supplied.
[(d)] (4) Except as otherwise provided in [paragraph (e),] subparagraph (5), the conformity of
the articles to be supplied with the specifications.
[(e)] (5) If the articles are an alternative to the articles listed in
the original request for bids, whether the advertisement for bids included a
statement that bids for an alternative article will be considered if:
[(1)] (I) The specifications of the alternative article meet or exceed
the specifications of the article listed in the original request for bids;
[(2)] (II) The purchase of the alternative article results in a lower
price; and
[(3)] (III) The Chief deems the purchase of the alternative article to be
in the best interests of the State of Nevada.
[(f)] (6) The purposes for which the articles to be supplied are required.
[(g)] (7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.
3. As used in this section, “total cost of ownership” includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state purchasing; imposing in certain circumstances an inverse preference with respect to bids and proposals submitted by bidders and contractors who are residents of another state; and providing other matters properly relating thereto.”.
Senator Tiffany moved the adoption of the amendment.
Remarks by Senator Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 299.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 229.
Amend section 1, page 1, line 3, by deleting “A” and inserting: “Except as otherwise provided in subsection 4, a”.
Amend section 1, page 1, by deleting lines 4 and 5 and inserting: “than residential confinement, shall not knowingly manufacture,”.
Amend section 1, page 2, between lines 17 and 18, by inserting:
“4. The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 309.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 201.
Amend sec. 12, page 5, by deleting lines 24 through 28 and inserting:
“2. The State Board of Education and the Board of Regents of the University of Nevada shall consider and develop recommendations to the 73rd Session of the Legislature concerning how principles of participatory democracy can be better taught and practiced in the schools, colleges and universities of the State of Nevada.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 322.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 224.
Amend
section 1, page 1, line 3, by deleting “A” and inserting: “[A] Except as otherwise provided in subsection
4, a”.
Amend section 1, page 2, by deleting lines 9 through 12 and inserting:
“4. A certificate holder to whom the Department
of Motor Vehicles has issued a certificate of self-insurance may self-insure [the
first $50,000, combined single-limit, per accident, of] the coverage
required by subsection 2.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor carriers; revising provisions relating to self‑insurance for taxicabs regulated by the Taxicab Authority; and providing other matters properly relating thereto.”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 355.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 190.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
“Sec. 5.5. NRS 482.076 is hereby amended to read as follows:
482.076 [Except as otherwise provided in NRS 482.363521, “new] “New vehicle” means a vehicle that:
1. Has never been registered with the Department and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country; or
2. If it has been so registered and is equipped with an odometer, registers 2,500 miles or less on the odometer.”.
Amend sec. 11, page 3, by deleting lines 10
through 13 and inserting: “vehicles not of the current model year. [As used
in this paragraph, a “new vehicle” is one which has not been damaged or
materially altered and registers 50 miles or less on its odometer.]”.
Amend the title of the bill, fifth line, after “motor vehicle;” by inserting: “revising the provision regarding the compensation owed to a dealer upon the termination or discontinuance of a franchise;”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 363.
Bill read second time and ordered to third reading.
Senate Bill No. 365.
Bill read second time and ordered to third reading.
Senate Bill No. 392.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 206.
Amend sec. 5, page 2, line 25, after “4.” by inserting: “An indefinite quantity contract is subject to the provisions of NRS 338.020 to 338.090, inclusive.
5.”.
Amend sec. 5, page 2, line 29, by deleting “5.” and inserting “6.”.
Amend sec. 8, page 3, lines 10 and 11, by deleting: “which is subject to the provisions of NRS 338.020 to 338.090, inclusive, and”.
Amend sec. 8, page 3, line 17, after “hours;” by inserting “and”.
Amend sec. 8, page 3, lines 18 and 19 by deleting: “which is subject to the provisions of NRS 338.020 to 338.090, inclusive, and”.
Amend sec. 8, page 3, line 25, by deleting “hours;” and inserting “hours.”.
Amend sec. 8, page 3, by deleting lines 26 through 41.
Amend sec. 11, page 6, line 2, by deleting “2005.” and inserting “2007.”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 412.
Bill read second time and ordered to third reading.
Senate Bill No. 422.
Bill read second time and ordered to third reading.
Senate Bill No. 423.
Bill read second time and ordered to third reading.
Senate Bill No. 435.
Bill read second time and ordered to third reading.
Senate Bill No. 439.
Bill read second time and ordered to third reading.
Senate Bill No. 459.
Bill read second time and ordered to third reading.
Senate Bill No. 478.
Bill read second time and ordered to third reading.
Senate Bill No. 479.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 208.
Amend sec. 2, page 3, line 31, after “must” by inserting: “be filed electronically in the format and pursuant to the procedures specified by the Department of Motor Vehicles and”.
Amend sec. 2, page 3, line 34, after “defendant;” by inserting “and”.
Amend sec. 2, page 3, by deleting lines 37 through 42 and inserting “1.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. Notwithstanding the provisions of sections 1 and 2 of this act to the contrary, a court may not file a notice of nonpayment pursuant to NRS 176.064 with the Department of Motor Vehicles and no such notice is effective unless the Director of the Department of Motor Vehicles has notified the Court Administrator in writing that the Department is able to accept filings of notices of nonpayment pursuant to NRS 176.064 electronically.”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to motor vehicles; prohibiting the Department of Motor Vehicles under certain circumstances from renewing the registration of a motor vehicle if a court has filed with the Department a notice of nonpayment of certain outstanding criminal fines and fees; authorizing a court to file a notice of such”.
Amend the summary of the bill to read as follows:
“SUMMARY—Prohibits Department of Motor Vehicles under certain circumstances from renewing registration of motor vehicle if court has filed notice of nonpayment of certain outstanding criminal fines and fees with Department. (BDR 43‑618)”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 481.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 7.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 62.
Bill read third time.
Roll call on Senate Bill No. 62:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 62 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 135.
Bill read third time.
Roll call on Senate Bill No. 135:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 135 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 149.
Bill read third time.
Remarks by Senators McGinness, Nolan, Schneider, Neal, Care and Raggio.
Roll call on Senate Bill No. 149:
Yeas—12.
Nays—Mathews, McGinness, Neal, O'Connell, Raggio,
Tiffany, Townsend, Washington—8.
Excused—Rawson.
Senate Bill No. 149 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 172.
Bill read third time.
Roll call on Senate Bill No. 172:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 172 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 281.
Bill read third time.
Roll call on Senate Bill No. 281:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 281 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 288.
Bill read third time.
Remarks by Senator Nolan.
Roll call on Senate Bill No. 288:
Yeas—18.
Nays—O'Connell, Washington—2.
Excused—Rawson.
Senate Bill No. 288 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 378.
Bill read third time.
Roll call on Senate Bill No. 378:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 378 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 397.
Bill read third time.
Roll call on Senate Bill No. 397:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 397 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 433.
Bill read third time.
Roll call on Senate Bill No. 433:
Yeas—19.
Nays—Neal.
Excused—Rawson.
Senate Bill No. 433 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 437.
Bill read third time.
Roll call on Senate Bill No. 437:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 437 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 476.
Bill read third time.
Remarks by Senators O'Connell and Neal.
Roll call on Senate Bill No. 476:
Yeas—20.
Nays—None.
Excused—Rawson.
Senate Bill No. 476 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 Senator Amodei.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
remarks
from the floor
Senator Hardy requested that his remarks be
entered in the Journal.
Madam President, an explanation is in order on my
vote on Senate Bill No. 437. I do not believe I have a conflict on this. I
advocated for this bill last session as a paid lobbyist. We came back this
session to make some technical corrections to the bill, and out of an abundance
of caution, I feel I should make that known to the body.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Silver Stage High School: Anthony Abbott, Crystal Bell, Katie Berhorst, Morgan Bishop, Jeremy Craig, Travis Finkle, Brandi Foster, Tyson Kanalulu, Jacob McVay, Sierra Polacek, Matthew Porter, Jeremiah Simpson, Christopher Velasco, Alana White, Brad Dabe, Jimmy Adlock, Chris Cook, Sean Irvine, Jennifer Flaig, Cecelia Barrera, Sean Taft, Kimberly Doyle, Paula Downs, Brian Marchant, Racheal Wilhelm, Renee Pistoresi, Edgar Holme, Tiffany Eichen, Michelle Miller, Jeff Torres, Max Hansen, Charles Boutwell, Terry Carrier, John Jefferis, Christina Holm, Melissa Bowers, Ashley Tinsley, Lorienda Hall, Dallas Crawford, Dawn Bell, Tiffany Throne, Stephen Mattson, Tisha Mack, Chris Green, Salvador Martinez, Spencer Paul, April Forinash, Lila Frayo, Arcadio Rivera and teacher: Lori Doll.
Senator Raggio moved that the Senate adjourn until Monday, April 14, 2003, at 10 a.m.
Motion carried.
Senate adjourned at 12:18 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate