THE SEVENTY-FOURTH DAY
Carson City (Thursday), April 17, 2003
Senate called to order at 11:11 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Stan Pesis.
As the press of the session continues and the demands upon our
time and efforts grow, help us, O God, to especially keep two gifts in mind.
First, help us keep a sense of humor so that the intensity of these days is
spent in service to others rather than ourselves. Second, help us see and
appreciate the service given us by others, especially those who serve as
legislative police, senate attachés, bill clerks, media services, information
services, sergeants at arms, mail clerks, general services, lobbyists,
constituents, interns, legislative council services, administrative department,
legal department and buildings and grounds.
May our eyes always be open to the services given to us by
others.
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. 133,
400, 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 Government Affairs, to which were referred Senate Bills Nos. 424,
445, 446, 487, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Also,
your Committee on Government Affairs, to which were referred Senate Bills Nos.
80, 144, 306, 354, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam President:
Your
Committee on Natural Resources, to which were referred Senate Bill No. 201;
Senate Joint Resolution No. 1, has had the same under consideration, and begs
leave to report the same back with the recommendation: Amend, and do pass as
amended.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, April 16, 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. 433.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 2, 23, 56, 84, 230, 250, 288, 301, 331,
365, 388, 444, 451, 497, 530, 539.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Amodei moved that Senate Bill No. 53 be taken from the Secretary's desk and placed at the bottom of the Senate Bills on the General File.
Remarks by Senator Amodei.
Motion carried.
Senator Amodei moved that Senate Bill No. 38 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Amodei.
Motion carried.
Senator Townsend moved that Senate Bill No. 184 be taken from the General File and be re-referred to the Committee on Finance.
Remarks by Senator Townsend.
Motion carried.
Senator Washington moved that Senate Bill No. 66 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried.
In compliance with a notice given on the previous day, Senator Titus moved that the vote whereby Senate Bill No. 419 was passed be reconsidered.
Remarks by Senator Titus.
Motion carried.
Senator Rhoads moved that Assembly Bill No. 58 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Rhoads.
Motion carried.
Senator Nolan moved that Senate Bill No. 483 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senator Nolan.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 2.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 23.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 56.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 84.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 230.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 250.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 288.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 301.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 331.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 365.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 388.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 433.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 444.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 451.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 497.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 530.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 539.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 102.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 233.
Amend the bill as a whole by deleting sections 1 through 10 and the text of the repealed section and adding new sections designated sections 1 through 6 and the text of the repealed sections, following the enacting clause, to read as follows:
“Section
1. Chapter 703 of NRS is hereby
amended by adding thereto a new section to read as follows:
1. A majority of the Commissioners has full
power to act in all matters within the jurisdiction of the Commission.
2. Before the Commission may enter a final order
on a matter, there must be at least two Commissioners who are able to act on
the matter. If there are fewer than two Commissioners who are able to act on
the matter because of disqualifications, illnesses, incapacities, vacancies
that have not yet been filled, or any other reason, the Governor shall appoint
the requisite number of persons to serve as Acting Commissioners in the place
of the Commissioners who are unable to act on the matter so that there are at
least two persons who are able to act on the matter, whether serving as a
Commissioner or an Acting Commissioner.
3. Before the Governor may appoint a person to
serve as an Acting Commissioner in the place of a Commissioner who is unable to
act on the matter, the person must be qualified to serve in the office of that
Commissioner as if the Governor were appointing the person to fill a vacancy in
that office.
4. A person who is appointed to serve as an
Acting Commissioner shall be deemed to be a Commissioner and is entitled to
exercise the powers of a Commissioner only in proceedings before the Commission
that involve the matter or matters for which the person was appointed.
5. A person who is appointed to serve as an
Acting Commissioner:
(a) Is
subject to all legal requirements and restrictions and enjoys all legal
protections and immunities that apply to a Commissioner and to state officers
generally while the person is engaged in the business of the Commission as an
Acting Commissioner; and
(b) Is
entitled to receive, for each day the person is engaged in the business of the
Commission as an Acting Commissioner, a salary of $80 and the per diem
allowance and travel expenses provided for state officers and employees
generally. The person is not entitled to receive any other compensation for
serving as an Acting Commissioner.
6. A person who is appointed to serve as an
Acting Commissioner serves at the pleasure of the Governor. The appointment of
the person expires:
(a) On
the date that the Governor declares that the appointment has expired; or
(b) On
the date that the matter or matters for which the person was appointed are no
longer pending before the Commission,
whichever date occurs earlier.
7. The Governor may reappoint a person to serve
as an Acting Commissioner.
Sec. 2. NRS 703.080 is hereby amended to read as follows:
703.080 1. The Chairman and the other Commissioners , including any Acting Commissioners, are
in the unclassified service of the State.
2. Notwithstanding any other specific statute to
the contrary and regardless of the length of service, a person who is appointed
to serve as an Acting Commissioner pursuant to section 1 of this act is not
entitled because of that appointment to participate in any programs or receive
any benefits that are offered or provided to state officers or employees in the
unclassified service of the State pursuant to chapter 284, 286 or 287 of NRS.
Sec. 3. NRS 703.110 is hereby amended to read as follows:
703.110 [1. The majority of the
Commissioners have full power to act in all matters within their jurisdiction.
2. If two Commissioners are disqualified or if there are two
vacancies within the Commission, the remaining Commissioner shall exercise all
the powers of the Commission.
3.] Except as otherwise provided in this chapter, all hearings and
meetings conducted by the Commission must be open to the public.
Sec. 4. Section 112 of chapter 604, Statutes of Nevada 2001, at page 3277, is hereby amended to read as follows:
Sec. 112. 1. This section and sections 1 to 27, inclusive, 30 to 94, inclusive, 96 to 111, inclusive, and 113 of this act become effective upon passage and approval.
2. Section 95 of this act becomes effective on July 1, 2001.
[3. Sections 28 and 29 of this act become effective on October 1,
2003.]
Sec. 5. Sections 28, 29 and 107 of chapter 604, Statutes of Nevada 2001, at pages 3237 and 3275, respectively, are hereby repealed.
Sec. 6. This act becomes effective on July 1, 2003.
Section 28 of chapter 604, Statutes of Nevada
2001:
Sec. 28. NRS 703.030 is hereby amended to read as follows:
703.030 1. The commission consists
of [three] five commissioners
appointed by the governor . [for
terms of] After the initial terms,
the term of each commissioner is 4 years.
2. The
governor shall appoint [as members of the commission :
persons]
(a) One
commissioner to represent the general public.
(b) Four commissioners who have at least 2 years of experience in one or more of the following fields:
[(a)] (1) Accounting.
[(b)] (2) Business administration.
[(c)] (3) Finance or economics.
[(d)] (4) Administrative law.
[(e)] (5) Professional engineering.
Not more than two of the commissioners
appointed pursuant to this paragraph may be from the same field of experience.
3. Not
more than [two] three of the
commissioners may be [:
(a) Members] members of the same political party.
[(b) From the same field of experience.]
4. A vacancy on the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.
Section
29 of chapter 604, Statutes of Nevada 2001:
Sec. 29. NRS 703.110 is hereby amended to read as follows:
703.110 1. [The] Except as otherwise provided in subsection
2, a majority of the commissioners [have] has full power to act in all matters within [their
jurisdiction.] the jurisdiction of
the commission and shall exercise all the powers of the commission.
2. If
[two] a majority of the commissioners
are disqualified or if there are [two] vacancies within the [commission,]
offices of a majority of the
commissioners, the remaining commissioners
or, if only one commissioner is remaining, the remaining commissioner [or]
has full power to act in all matters
within the jurisdiction of the commission and shall exercise all the powers
of the commission.
3. Except as otherwise provided in this chapter, all hearings and meetings conducted by the commission must be open to the public.
Section
107 of chapter 604, Statutes of Nevada 2001:
Sec. 107. 1. As soon as practicable after July 1, 2003, the governor shall appoint two additional commissioners to the public utilities commission of Nevada in accordance with the provisions of section 28 of this act. For the initial terms of those commissioners, the governor shall appoint:
(a) One commissioner whose term begins on October 1, 2003, and expires on September 30, 2005; and
(b) One commissioner whose term begins on October 1, 2003, and expires on September 30, 2006.
2. The provisions of this act do not abrogate or affect the term of office of any other commissioner of the public utilities commission of Nevada.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the Public Utilities Commission of Nevada; requiring the Governor to appoint a person to serve on the Commission as an Acting Commissioner under certain circumstances; repealing the prospective increase in the number of Commissioners who serve on the Commission; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 124.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 329.
Amend the bill as a whole by deleting sections 1 through 5 and the text of the repealed section and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:
1. At the time of submitting any list required
pursuant to NRS 78.150, a corporation that meets the criteria set forth in
subsection 2 must submit:
(a) The
statement required pursuant to subsection 3, accompanied by a declaration under
penalty of perjury attesting that the statement does not contain any material
misrepresentation of fact; and
(b) A
fee of $100,000, to be distributed in the manner provided pursuant to
subsection 4.
2. A corporation must submit a statement
pursuant to this section if the corporation, including its parent and all
subsidiaries:
(a) Holds
25 percent or more of the share of the market within this state for any product
sold or distributed by the corporation within this state; and
(b) Has
had, during the previous 5-year period, a total of five or more investigations
commenced against the corporation, it parent or its subsidiaries in any
jurisdiction within the United States, including all state and federal
investigations:
(1)
Which concern any alleged contract, combination or conspiracy in restraint of
trade, as described in subsection 1 of NRS 598A.060, or which concern similar
activities prohibited by a substantially similar law of another jurisdiction;
and
(2)
Which resulted in the corporation being fined or otherwise penalized or which
resulted in the corporation being required to divest any holdings or being
unable to acquire any holdings as a condition for the settlement, dismissal or
resolution of those investigations.
3. A corporation that meets the criteria set
forth in subsection 2 shall submit a statement which includes the following
information with respect to each investigation:
(a) The
jurisdiction in which the investigation was commenced.
(b) A
summary of the nature of the investigation and the facts and circumstances
surrounding the investigation.
(c) If
the investigation resulted in criminal or civil litigation, a copy of all
pleadings filed in the investigation by any party to the litigation.
(d) A
summary of the outcome of the investigation, including specific information
concerning whether any fine or penalty was imposed against the corporation and
whether the corporation was required to divest any holdings or was unable to
acquire any holdings as a condition for the settlement, dismissal or resolution
of the investigation.
4. The fee collected pursuant to subsection 1
must be deposited in the Attorney General’s Administration Budget Account and
used solely for the purpose of investigating any alleged contract, combination
or conspiracy in restraint of trade, as described in subsection 1 of NRS
598A.060.
Sec. 2. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized pursuant to the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the Secretary of State, file with the Secretary of State a list, on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of the president, secretary, treasurer and of all the directors of the corporation;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director;
(e) The name and street address of the resident agent of the corporation; and
(f) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the Secretary of State, on a form furnished by him, an annual list containing all of the information required in subsection 1.
3. Each
list required by subsection 1 or 2 must be accompanied by [a] :
(a) A declaration under penalty of perjury that the corporation has complied with the provisions of chapter 364A of NRS.
(b) A
statement as to whether the corporation is a publicly traded company. If the
corporation is a publicly traded company, the corporation must list its Central
Index Key. The Secretary of State shall include on his Internet website the
Central Index Key of a corporation provided pursuant to this paragraph and
instructions describing the manner in which a member of the public may obtain
information concerning the corporation from the Securities and Exchange
Commission.
4. Upon filing the list required by:
(a) Subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Subsection 2, the corporation shall pay to the Secretary of State a fee of $85.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and section 1 of this act and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
6. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 or 8 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
8. If the corporation is an association as defined in NRS 116.110315, the Secretary of State shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 that is provided to the association pursuant to subsection 4 of that section.
Sec. 3. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation which is required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, and section 1 of this act and which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default there must be added to the amount of the fee a penalty of $50. The fee and penalty must be collected as provided in this chapter.
Sec. 4. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
1. At the time of submitting any list required
pursuant to NRS 80.110, a corporation that meets the criteria set forth in
subsection 2 must submit:
(a) The
statement required pursuant to subsection 3, accompanied by a declaration under
penalty of perjury attesting that the statement does not contain any material
misrepresentation of fact; and
(b) A
fee of $100,000, to be distributed in the manner provided pursuant to
subsection 4.
2. A corporation must submit a statement
pursuant to this section if the corporation, including its parent and all
subsidiaries:
(a) Holds
25 percent or more of the share of the market within this state for any product
sold or distributed by the corporation within this state; and
(b) Has
had, during the previous 5-year period, a total of five or more investigations
commenced against the corporation, its parent or its subsidiaries in any
jurisdiction within the United States, including all state and federal
investigations:
(1)
Which concern any alleged contract, combination or conspiracy in restraint of
trade, as described in subsection 1 of NRS 598A.060, or which concern similar
activities prohibited by a substantially similar law of another jurisdiction;
and
(2)
Which resulted in the corporation being fined or otherwise penalized or which
resulted in the corporation being required to divest any holdings or being
unable to acquire any holdings as a condition for the settlement, dismissal or
resolution of those investigations.
3. A corporation that meets the criteria set
forth in subsection 2 shall submit a statement which includes the following
information with respect to each investigation:
(a) The
jurisdiction in which the investigation was commenced.
(b) A
summary of the nature of the investigation and the facts and circumstances
surrounding the investigation.
(c) If
the investigation resulted in criminal or civil litigation, a copy of all
pleadings filed in the investigation by any party to the litigation.
(d) A
summary of the outcome of the investigation, including specific information
concerning whether any fine or penalty was imposed against the corporation and
whether the corporation was required to divest any holdings or was unable to
acquire any holdings as a condition for the settlement, dismissal or resolution
of the investigation.
4. The fee collected pursuant to subsection 1
must be deposited in the Attorney General’s Administration Budget Account and
used solely for the purpose of investigating any alleged contract, combination
or conspiracy in restraint of trade, as described in subsection 1 of NRS
598A.060.
Sec. 5. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the first day of the second month after the filing of its certificate of corporate existence with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The names of its president, secretary
and treasurer , or [their
equivalent,] the equivalent thereof,
and all of its directors;
(b) A designation of its resident agent in this state; and
(c) The signature of an officer of the corporation.
Each
list filed pursuant to this subsection must be accompanied by a declaration
under penalty of perjury that the foreign corporation has complied with the
provisions of chapter 364A of NRS. Each
list filed pursuant to this subsection must also be accompanied by a statement
as to whether the corporation is a publicly traded company. If the corporation
is a publicly traded company, the corporation must list its Central Index Key.
The Secretary of State shall include on his Internet website the Central Index
Key of a corporation provided pursuant to this subsection and instructions
describing the manner in which a member of the public may obtain information
concerning the corporation from the Securities and Exchange Commission.
2. Upon filing:
(a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $85.
3. The
Secretary of State shall, 60 days before the last day for filing each annual
list required by subsection 1, cause to be mailed to each corporation required
to comply with the provisions of NRS 80.110 to 80.170, inclusive, and section 4 of this act and which has
not become delinquent, the blank forms to be completed and filed with him.
Failure of any corporation to receive the forms does not excuse it from the
penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive [.] , and section 4 of this act.
4. An annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 6. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation which is required to make a filing and
pay the fee prescribed in NRS 80.110 to 80.170, inclusive, and section 4 of this act and which refuses or neglects to do so
within the time provided [,] is in default.
2. For default there must be added to the amount of the fee a penalty of $50, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.”.
Amend the title of the bill to read as follows:
“AN ACT relating to corporations; requiring certain corporations to provide certain information at the time of filing the list of officers and directors and to pay a fee under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain corporations to provide certain information at time of filing list of officers and directors and to pay fee under certain circumstances. (BDR 7-100)”.
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. 234.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 324.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Department of Education shall conduct a study of the system for administrative due process hearings conducted in this state pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
2. In conducting the study, the Department shall work in consultation with, and solicit the opinions of, the school districts, parents and guardians, and parent groups organized to address the needs of pupils with disabilities.
3. The study must include, without limitation, a determination of whether:
(a) The current system for administrative due process hearings conducted in this state pursuant to the Individuals with Disabilities Education Act is effective in meeting the needs of pupils with disabilities, parents and guardians, and school districts; and
(b) Revisions to the current system are necessary to ensure that the system is effective in meeting the needs of pupils with disabilities, parents and guardians, and school districts, including, without limitation, any revisions:
(1) That are designed to provide a more cost-effective and efficient method of conducting hearings.
(2) To the requirements for the qualifications and compensation of hearing officers.
4. On or before September 1, 2004, the Department shall submit a written report of its study to the Legislative Committee on Education. The written report must include, without limitation, the determinations made pursuant to subsection 3 and any recommendations for legislation.
Sec. 2. This act becomes effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Department of Education to conduct study of administrative due process hearings pursuant to Individuals with Disabilities Education Act. (BDR S‑452)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 241.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 108.
Amend sec. 31, page 10, line 35, after “act,” by inserting: “the claimant or”.
Amend sec. 31, page 10, line 39, by deleting “shall” and inserting: “shall, pursuant to its regulations, rules and procedures,”.
Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:
“Sec.
31.5. 1. In carrying out the duties
assigned to it pursuant to the provisions of this chapter, the State
Contractors’ Board may, as necessary:
(a) Adopt
regulations and charge and collect reasonable fees;
(b) Recover
its administrative, investigative and legal costs from contractors and
subcontractors who are parties to proceedings before the State Contractors’
Board pursuant to the provisions of this chapter; and
(c) Delegate
its authority to investigators, hearing officers, hearing panels and other
appropriate persons.
2. The State Contractors’ Board and its members and the employees and agents of the State Contractors’ Board are not liable in a civil action for any act performed in good faith and within the scope of the duties assigned to the State Contractors’ Board pursuant to the provisions of this chapter.”.
Amend the bill as a whole by deleting sec. 41 and adding:
“Sec. 41. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 57 and adding new sections designated sections 57 through 59, following sec. 56, to read as follows:
“Sec. 57. Notwithstanding the provisions of section 27 of this act, until the standard form for providing notice of a constructional defect is made available to the public by the State Contractors’ Board, a claimant must provide the written notice required by section 27 of this act through the use of any document that clearly and adequately conveys the information set forth in section 27 of this act.
Sec. 58. Notwithstanding the provisions of section 31 of this act, a claimant or a contractor, subcontractor, supplier or design professional may not submit a dispute to the State Contractors’ Board pursuant to the provisions of section 31 of this act before October 1, 2003.
Sec. 59. 1. This section and sections 1 to 51, inclusive, and 53 to 58, inclusive, of this act become effective upon passage and approval.
2. Section 52 of this act becomes effective upon passage and approval for the purpose of adopting regulations and developing any necessary forms, rules and procedures and on October 1, 2003, for all other purposes.”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senators Hardy and Care.
Senator Care requested that his remarks be entered in the Journal.
Thank you. Since I will not be here tomorrow for the
vote on this bill, I wish to make my comments today. I pledged last year that I
would vote for a better definition for “right of repair.”
I
reviewed the bill, and I have many problems with it, particularly, with the passage
about homeowner’s associations and the majority of the votes of the members. I
do not know if that refers to a regular meeting because that will never happen.
There is language in the bill about attorney’s fees and the Nevada State
Contractors' Board. There is no provision in the bill about how long that would
take even though that is, apparently, optional.
I want to state that had I been able to be here for the vote, I
would have voted for this bill, despite its weaknesses. I would have fulfilled
my pledge. I think the bill will be fixed in the Assembly.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 317.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 230.
Amend sec. 3, page 2, by deleting lines 21 through 23 and inserting:
“(g) Postsecondary education.”.
Amend sec. 3, page 2, line 35, by deleting “may,” and inserting “shall,”.
Amend sec. 3, page 2, lines 43 and 44, by deleting: “is an acceptable substitute for completing a high school education.” and inserting: “denotes competency in core curriculum.”.
Amend sec. 8, page 5, line 1, before “eligibility” by inserting “financial”.
Amend sec. 8, page 5, between lines 7 and 8, by inserting:
“4. In its discretion, the Board of Regents may
waive the registration fees of any incarcerated person who:
(a) Is
taking courses that lead to a postsecondary degree offered pursuant to section
3 of this act; and
(b) Meets the financial eligibility criteria for federal need-based financial aid.”.
Amend sec. 10, page 6, by deleting lines 18 through 21 and inserting:
“(a) For earning a general [equivalency
diploma,] educational development
certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.”.
Amend sec. 11, page 7, by deleting line 3 and inserting:
“(a) For earning a general [equivalency
diploma,]”.
Amend sec. 12, page 7, by deleting lines 33 through 36 and inserting:
“(a) For earning a general [equivalency
diploma,] educational development
certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.”.
Amend sec. 13, page 8, by deleting lines 29 through 32 and inserting:
“(a) For earning a general [equivalency
diploma,] educational development
certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.”.
Amend the title of the bill, seventeenth line, after “conditions;” by inserting: “waiving the registration fees of certain incarcerated persons;”.
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. 458.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 320.
Amend
sec. 3, page 4, by deleting line 1 and inserting: “[The]
2. Except as otherwise provided in subsection 11, the regulations of the State Fire Marshal”.
Amend sec. 3, page 4, line 2, by deleting: “to subsection 1”.
Amend sec. 3, page 5, between lines 32 and 33, by inserting:
“11. The regulations of the State Fire Marshal
concerning matters relating to building codes, including, without limitation,
matters relating to the construction, maintenance and safety of buildings,
structures and property, do not apply in a county whose population is 100,000
or more or which has been converted into a consolidated municipality, except
with respect to state-owned or state-occupied buildings, or in those local
jurisdictions, including, without limitation, school districts, in such a
county where he is requested to apply or enforce the regulations by the
governing body of that jurisdiction.
12. If a local fire department provides a service or performs a regulatory activity in accordance with an interlocal agreement pursuant to section 1 of this act, or if a local fire department located in a jurisdiction exempted from the authority of the State Fire Marshal provides a service or performs a regulatory activity which would have otherwise been provided or performed by the State Fire Marshal, the governing body of the jurisdiction in which the local fire department is located shall adopt and enforce regulations relating to the service or regulatory activity that require a standard of safety that meets or exceeds the standard of safety established by the State Fire Marshal for the service or regulatory activity. The governing body shall provide a copy of all regulations adopted pursuant to this subsection to the State Fire Marshal.”.
Amend sec. 4, page 5, line 34, after “477.031” by inserting “1.”.
Amend sec. 4, page 5, by deleting lines 38 and 39 and inserting:
“[1.] (a) Approximate the cost of those services and activities [.
2.] , including administrative and overhead costs.”.
Amend sec. 4, page 5, line 40, by deleting “2.” and inserting “(b)”.
Amend sec. 4, page 5, line 42, by deleting
“3.” and inserting “[3.] (c)”.
Amend sec. 4, page 5, between lines 42 and 43, by inserting:
“2. If a local fire department provides a service or performs a regulatory activity in accordance with an interlocal agreement pursuant to section 1 of this act, or if a local fire department located in a jurisdiction exempted from the authority of the State Fire Marshal provides a service or performs a regulatory activity which would have otherwise been provided or performed by the State Fire Marshal, and the State Fire Marshal has adopted a fee for that service or regulatory activity pursuant to this section, the local fire department shall collect from each person to whom the service is provided or for which the regulatory activity is performed an amount equal to the fee which would have been collected by the State Fire Marshal if the State Fire Marshal provided the service or performed the regulatory activity. All fees collected by a local fire department pursuant to this subsection must be deposited with the treasurer of the county in which the local fire department is located. A county treasurer shall remit all such fees he receives to the State Treasurer quarterly for credit to the appropriate account of the State Fire Marshal Division. Such fees are in addition to any fees otherwise assessed by the local government in which the local fire department is located and a local government may consolidate the payment of the additional fees required by this subsection with any other fees that the person may be required to pay the local government.”.
Amend the bill as a whole by adding new sections designated sections 10.3 and 10.7, following sec. 10, to read as follows:
“Sec. 10.3. NRS 477.110 is hereby amended to read as follows:
477.110 After May 15, 1981, the governing body of a local government may not adopt an ordinance requiring changes to existing structures to enhance the safety of occupants from fire if the ordinance is:
1. Less stringent than this chapter; or
2. [More] Except as otherwise provided in this
subsection, more stringent than this chapter unless the governing body has
sought and obtained approval of the ordinance from the State Board of
Examiners. The provisions of this
subsection do not apply in a county whose population is 100,000 or more or
which has been converted into a consolidated municipality.
Sec. 10.7. NRS 244.3673 is hereby amended to read as follows:
244.3673 The board of
county commissioners of any county whose population is 100,000 or more or which
has been converted into a consolidated municipality may provide by ordinance
for the investigation of fires in which a death has occurred or which are of a
suspicious origin, and for the enforcement of any regulations adopted by the State Fire Marshal [.] which apply to the county.”.
Amend sec. 13, page 12, line 33, by deleting “public” and inserting “private”.
Amend the bill as a whole by adding a new section designated sec. 20, following sec. 19, to read as follows:
“Sec. 20. This act becomes effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“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 authority of the State Fire Marshal to regulate the construction, maintenance and safety of buildings, structures and property in certain counties; revising provisions governing the State Board of Fire Services and the Fire Service Standards and Training Committee; providing for the 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; requiring local fire departments to collect additional fees for certain services and regulatory activities; providing a penalty; 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.
Assembly Bill No. 6.
Bill read second time and ordered to third reading.
Assembly Bill No. 302.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 34.
Bill read third time.
Roll call on Senate Bill No. 34:
Yeas—21.
Nays—None.
Senate Bill No. 34 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 50.
Bill read third time.
Remarks by Senators Amodei and Raggio.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 50:
Yeas—19.
Nays—Carlton.
Not Voting—Raggio.
Senate Bill No. 50 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 90.
Bill read third time.
Roll call on Senate Bill No. 90:
Yeas—21.
Nays—None.
Senate Bill No. 90 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 123.
Bill read third time.
Roll call on Senate Bill No. 123:
Yeas—21.
Nays—None.
Senate Bill No. 123 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 145.
Bill read third time.
Remarks by Senators Neal and Hardy.
Roll call on Senate Bill No. 145:
Yeas—21.
Nays—None.
Senate Bill No. 145 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 183.
Bill read third time.
Roll call on Senate Bill No. 183:
Yeas—21.
Nays—None.
Senate Bill No. 183 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 218.
Bill read third time.
Roll call on Senate Bill No. 218:
Yeas—21.
Nays—None.
Senate Bill No. 218 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 240.
Bill read third time.
Roll call on Senate Bill No. 240:
Yeas—20.
Nays—O'Connell.
Senate Bill No. 240 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 255.
Bill read third time.
Remarks by Senator Townsend.
Senator Townsend requested that his remarks be entered in the Journal.
Thank you, Madam President. In order to ease the concern of the body
concerning the fiscal note, a representative from the Attorney General’s Office
appeared today in regard to an additional bill that we are processing dealing
with the same topic. The Attorney General has now removed the fiscal note for
both Senate Bill No. 255 and Assembly Bill No. 232.
Roll call on Senate Bill No. 255:
Yeas—21.
Nays—None.
Senate Bill No. 255 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 298.
Bill read third time.
Remarks by Senators Titus, Amodei and Coffin.
Senator Titus requested that her remarks be entered in the Journal.
I am
in opposition to this bill which would establish what is being called a “limited-liability
limited partnership.” Only a handful of states allow this type of entity which
short-circuits the incorporation process and protects partners from liability
for corporate misdeeds.
American
capitalism was stunned last year as some of the world’s major
corporations—Enron, Arthur Anderson, World Com and Martha Stewart—became
embroiled in scandal, fraud, bankruptcy and insider trading. Overpaid
executives were led away in handcuffs. Business leaders took the Fifth
Amendment. Investors on Wall Street and Main Street were devastated. Stocks
plunged. Pensions were wiped out, and thousands of jobs were lost.
In
the wake of such devastation, we should be moving toward more corporate
oversight, more accountability, not less liability. We need to better protect
the public and restore its faith in the truthfulness of financial reports, the
credibility of managers and the basic honesty of the economic system as a
whole.
I will vote against the bill.
Roll call on Senate Bill No. 298:
Yeas—17.
Nays—Carlton, Coffin, Neal, Titus—4.
Senate Bill No. 298 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 303.
Bill read third time.
Remarks by Senators Nolan and Carlton.
Roll call on Senate Bill No. 303:
Yeas—21.
Nays—None.
Senate Bill No. 303 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 312.
Bill read third time.
Roll call on Senate Bill No. 312:
Yeas—21.
Nays—None.
Senate Bill No. 312 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 316.
Bill read third time.
Remarks by Senators Neal and Amodei.
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Madam President. It is my understanding a
search warrant under the requirements of the Constitution specifies that an
individual being served with that warrant has a right to know what the warrant
is about. If a search is going to take place, it must state what will be
searched and it assures that the things listed in the warrant are the only
things being searched for and being seized.
This
bill is a drastic change from common law. If would technically allow an officer
to execute a warrant without the signature of a judge. With this bill, a
warrant will be served based upon an affidavit but the person being served will
not be allowed to keep the affidavit. The affidavit will be delivered to the
person who was served ten days after the search was conducted. The person
served has no evidence as to whether or not an affidavit that was used to
obtain a warrant was not tampered with. The chain of objective consideration,
in which a warrant is considered, is broken.
The rights of individuals to be free from illegal search and
seizure are compromised by telephone communication between the judge and the
officer serving the warrant. It allows the officer to sign the warrant signing
the judge’s name. After serving the warrant, the affidavit is brought back to
the judge for authentication. I see some problems with this. I see the erosion
of an individual’s right to be free of search and seizure without a proper
warrant. I think this is bad policy. To use the threat that some one might be
hurt by this is no reason to change a long-standing Constitutional principle
and affect the rights of an individual to be free from unjust search and
seizure.
Roll call on Senate Bill No. 316:
Yeas—18.
Nays—Coffin, Mathews, Neal—3.
Senate Bill No. 316 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 339.
Bill read third time.
Roll call on Senate Bill No. 339:
Yeas—21.
Nays—None.
Senate Bill No. 339 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 358.
Bill read third time.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank
you, Madam President. I rise in support of Senate Bill No. 358, a bill to
protect Red Rock Canyon by freezing existing rural zoning in the surrounding
overlay zone designated by a committee of stakeholders appointed by the Clark
County Commission. It took Mother Nature 600 million years to create Red Rock,
an awe-inspiring desert playground, sculpted by the winds and rains of time. It
takes only one developer to destroy it and only one vote to save it. You are
about to cast that vote.
This bill is not about a
jurisdictional battle between the State and the county. It is not about
partisan politics. It is not about regional differences between the north and
south. This bill is about a father who takes his son on a bike ride around the
Red Rock Loop. It is about a couple of senior citizens who picnic at Spring
Mountain Ranch on a Sunday afternoon. It is about a hiker, a mountain climber, a
Japanese tour group, a herd of wild burros and a patch of endangered chollas.
It is the setting for an old western on late night television, a fantastic
sunset, tiny village, a wild life refuge and a tourist attraction that cannot
be replicated on the fabulous Las Vegas Strip. It is about the heart and soul
of southern Nevada. Simply, it is about the mystical Red Rocks, a precious
natural treasure that must be protected and preserved for future generations of
Nevadans and visitors to our great State.
Roll call on Senate Bill No. 358:
Yeas—21.
Nays—None.
Senate Bill No. 358 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 383.
Bill read third time.
Roll call on Senate Bill No. 383:
Yeas—21.
Nays—None.
Senate Bill No. 383 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 384.
Bill read third time.
Remarks by Senators Neal and Nolan.
Roll call on Senate Bill No. 384:
Yeas—17.
Nays—Carlton, Mathews, Neal, Titus—4.
Senate Bill No. 384 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 386.
Bill read third time.
Roll call on Senate Bill No. 386:
Yeas—21.
Nays—None.
Senate Bill No. 386 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 390.
Bill read third time.
Roll call on Senate Bill No. 390:
Yeas—21.
Nays—None.
Senate Bill No. 390 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 395.
Bill read third time.
Roll call on Senate Bill No. 395:
Yeas—21.
Nays—None.
Senate Bill No. 395 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 427.
Bill read third time.
Roll call on Senate Bill No. 427:
Yeas—21.
Nays—None.
Senate Bill No. 427 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 450.
Bill read third time.
Remarks by Senators Neal, Tiffany, Mathews, Carlton and Raggio.
Conflict of interest declared by Senator Mathews.
Roll call on Senate Bill No. 450:
Yeas—20.
Nays—None.
Not Voting—Mathews.
Senate Bill No. 450 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 19, 42, 111, 177, 201, 306 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:23 p.m.
SENATE IN SESSION
At 12:26 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD
READING
Senate Bill No. 419.
Bill read third time.
Remarks by Senators Rhoads and Shaffer.
Senator Shaffer disclosed that he owns a smog station.
Roll call on Senate Bill No. 419:
Yeas—13.
Nays—Care, Carlton, Coffin, Mathews, Neal, Schneider,
Titus, Wiener—8.
Senate Bill No. 419 having failed to receive a two-thirds majority, Madam President declared it lost.
Senate Bill No. 53.
Bill read third time.
The following amendment was proposed by Senator Amodei:
Amendment No. 467.
Amend section 1, page 2, by deleting lines 6 through 39 and inserting:
“1 Clark [$54,000 $100,800 $84,000 $72,000 $72,000 $72,000 $72,000 $72,000]
$71,820 $155,745 $134,263 $95,760 $95,760 $95,760 $95,760 $95,760
2 Washoe [39,600 96,000 78,000 66,000 66,000 66,000 66,000 66,000]
52,668 137,485 110,632 87,780 87,780 87,780 87,780 87,780
3 Carson City [18,000 72,360 60,000 51,360 51,360 -------- 51,360 --------]
23,940 98,707 81,846 68,309 68,309 -------- 68,309 --------
Churchill [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
23,940 98,707 81,846 68,309 68,309 68,309 -------- --------
Douglas [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
23,940 98,707 81,846 68,309 68,309 68,309 -------- --------
Elko [18,000 72,360 60,000 51,360 51,360 51,360 51,360 --------]
23,940 98,707 81,846 68,309 68,309 68,309 68,309 --------
Humboldt 23,940 98,707 81,846 68,309 68,309 68,309 68,309 --------
Lyon [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
23,940 98,707 81,846 68,309 68,309 68,309 -------- --------
Nye [18,000 72,360 60,000 51,360 51,360 51,360 51,360 --------]
23,940 98,707 81,846 68,309 68,309 68,309 68,309 --------
[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 --------]
23,940 93,223 73,662 56,977 56,977 56,977 56,977 --------
White Pine [18,000 68,340 54,000 42,840 42,840 42,840 42,840 --------]
23,940 93,223 73,662 56,977 56,977 56,977 56,977 --------
5 Eureka [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
20,269 82,256 58,929 51,072 51,072 51,072 -------- --------
Lincoln [15,240 60,300 43,200 38,400 38,400 38,400 38,400 --------]
20,269 82,256 58,929 51,072 51,072 51,072 51,072 --------
Mineral [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
20,269 82,256 58,929 51,072 51,072 51,072 -------- --------
Pershing [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
20,269 82,256 58,929 51,072 51,072 51,072 -------- --------
Storey 20,269 82,256 58,929 51,072 51,072 51,072 -------- --------
6 Esmeralda [12,000 47,880 38,400 33,600 33,600 33,600 -------- --------]
15,960 65,314 52,382 44,688 44,688 44,688 -------- --------
[Storey 15,240 47,880 43,200 38,400 38,400 38,400 -------- --------]”.
Amend the bill as a whole by deleting sections 2 through 6 and adding new sections designated sections 2 through 5, following section 1, to read as follows:
“Sec. 2. Except as otherwise provided in section 3 of this act, each county shall 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.
Sec. 3. 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 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. 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 Fiscal Year 2003-2004.
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 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 of this act, in that fiscal year.
3. 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 of this act, a board of county commissioners may not apply for a waiver in any subsequent fiscal year.
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 of this act, must not be paid retroactively for a period to which a waiver granted pursuant to subsection 1 is applicable.
Sec. 4. The provisions of subsection 1 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. 5. This act becomes effective upon July 1, 2003.”.
Amend the title of the bill, second line, by deleting: “district attorneys and sheriffs;” and inserting: “elected county officers;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Increases compensation of elected county officers. (BDR 20‑21)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei and Care.
Senators Amodei, Raggio and Rawson requested a roll call vote on the adoption of the amendment.
Roll call on Senator Amodei's motion:
Yeas—12
Nays—Care, Carlton, Cegavske, Nolan,
O'Connell, Rawson, Tiffany, Titus, Wiener—9
The motion having received a majority, Madam President declared it carried.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
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, chaperones and faculty from the Mark Twain Elementary School: Lance Brodgon, Tony Fondi, Emma Garcia, Robbie Leedom, Benjamin Lucas, Arahi Maldonado, Briana Marquez, Carlos Munoz, Ashley Newcomb, Alexandrea Pitts, Reed Skenandore, Ricardo Terrigues-Segura, Michaela Walker, Anne Marie White, William Withrow, Nereyda Zarate, Sabrina Cardinale, Leslie Villegas, John Bailey, Chelsea Brown, Keith Collier, Briana Co, Alicia Coon, Carter Forrest, Isaac Hernandez, Justice Kemp, Morgan Kleine, Cody Lee, Andrea Marquez, Braulio Negrete, Mariah Payton, Josh Rhiner, Justin Sanchez, Kendra Thurman, Gena Uzzle, Sierra Voight, Bianca Carrasco, Allicia Blake, Bradley Brazil, Taylor-Rae Canfield, Chris Derrick, Nendy DeSantiago, Matthew Galvan, Dalia Garcia, Brian Lester, Yajaira Pacheco, Rocky Roman, Angelica Ruiz, Brittany Rupert, Sheana Terry, Pavel Varela, Alec Whipple, Adriana Lemos, Samuel Martinez, Lizbeth Paz, Nick Martin; chaperone: Don Culbert; teachers: Lynne Trujillo, LaRee Campbell and Barbara Culbert.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Avery James and Erick James.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students and chaperones from the Churchill County Junior High School: Sam Anderson, Sarah Burton, Jackilou Davis, Trevor deBraga, Beth Deines, Erin Eby, Keilana Fisher, Jared Floyd, Kaylee Hammond, Chelsea Hejny, Melanie Hoover, Nick King, Jon Laca, Scott Laca, Rachel Lecker, Charlie Lockwood, Kezia Lords, Jessica Mauga, Shalese Moulton, Maggie Nelson, Sarah Nemeth, Dylan Nettenstrom, Tosha Nunes, Amy Nygren, Alex Pearce, Brian Perkins, Shankari Rajagopal, Josh Rau, Tyler Reibsamen, Corrie Robinson, Katie Scherer, Kylie Sloan, Lacy Sloan, Richard Summers, John Swanson, Eric Taber, Rachel Tucker, Chelsea Ward, Christina Withers, Logan NuHall, Sarah Buck, Russell Wilhelm; chaperones: Kathy Buckmaster, Keith Lund and Joanne Tanner.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Shonda Duritsa, Dave Duritsa and Bonnie Duritsa.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to the following group from South Korea: Jade Cong, Kim Num Kwan, Chung Song Hun, Mona Hur; interpreter: Song Rok Cho; Reverend Samuel A. Park and Rotarian Jim Nadeau.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Antonio Gutierrez, Keku Kamalani, Mark Nash and Jean Cohen.
Senator Raggio moved that the Senate adjourn until Friday, April 18, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 12:39 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate