THE TENTH DAY

Carson City (Wednesday), February 12, 2003

Senate called to order at 11:18 a.m.

President pro Tempore Amodei presiding.

Roll called.

All present except Senator Rawson who was excused.

Prayer by the Reverend, Pastor Louie Locke.

Lord, as we gather today, we call upon Your Name knowing that the Psalms declare, “The Lord is near to all who call upon Him, to all who call upon Him in truth.” (Psa. 145:18)

We call upon You on behalf of the people of our State—that we might live quiet and peaceable lives; on behalf of our Legislators—grant them knowledge and wisdom in all things; on behalf of our national leaders—give them wisdom and help them make good decisions; and on behalf of our military—protect them as they serve our country.

We should also offer special prayers for our President pro Tempore on his inaugural day of presiding.

I pray in the Name of my Savior Jesus Christ.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: KWNA RADIO: Joyce Sheen; RENO GAZETTE-JOURNAL: Bill O’Driscoll, Ryan Randazzo and Thomas Walsh.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Care and Titus:

Senate Bill No. 92—AN ACT making an appropriation to the Division of State Library and Archives of the Department of Cultural Affairs for distribution to the Nevada Public Radio Corporation for support of its statewide Radio Reading Service for blind and print-impaired persons; and providing other matters properly relating thereto.

Senator Care moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 93—AN ACT relating to nursing; authorizing the State Board of Nursing to enter into an agreement with other states which allows certain persons who are not residents to practice nursing in this state without a license issued by the Board; requiring the Board to adopt regulations to carry out such an agreement; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 94—AN ACT relating to health; requiring under certain circumstances that an allegedly mentally ill person be admitted to a medical facility other than a hospital before his emergency admission to a mental health facility; requiring the Division of Mental Health and Developmental Services of the Department of Human Resources to adopt regulations prescribing the appropriate medical facilities; authorizing peace officers to deliver certain persons found in any public place under the influence of a controlled substance to certain facilities for observation and care; providing for the medical treatment of certain persons who are under the influence of a controlled substance who are arrested or taken into custody by a peace officer; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 95—AN ACT relating to the cost of health care; requiring certain hospitals to accept certain payments for providing inpatient services to insureds admitted upon diversion from another hospital; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 96—AN ACT relating to medical facilities; removing certain mobile units from the requirement of being regulated as a medical facility; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 97—AN ACT relating to malpractice; limiting attorney’s fees in certain actions against providers of health care; revising the limitation on the amount of noneconomic damages that may be awarded in such actions; providing for several liability for economic and noneconomic damages in such actions; revising the statute of limitations for the filing of such actions; making various changes concerning the payment of damages in such actions; and providing other matters properly relating thereto.

Senator Washington moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Rawson:

Senate Bill No. 98—AN ACT making an appropriation for maintenance of the statewide system for the collection and analysis of information concerning birth defects and other adverse birth outcomes; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Rawson:

Senate Bill No. 99—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 to be deposited in the Fund for Aviation in the State Treasury and expended in the same manner as other money deposited in that Fund; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Transportation.

Motion carried.

By Senators Schneider, O'Connell and Cegavske:

Senate Bill No. 100—AN ACT relating to common-interest communities; allowing a unit’s owner to display a flag of the United States within the boundaries of his unit; creating the Commission for Common-Interest Communities to hear and take action on complaints related to such communities; requiring community managers to be certified by the Real Estate Division of the Department of Business and Industry; limiting the circumstances under which an association may commence a civil action; revising the amount of a fine that may be imposed for a continuing violation of the governing documents of an association; requiring the removal of a member of the executive board of an association to be conducted by secret ballot; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; changing the time within which certain information must be provided to a prospective purchaser of a unit; making various other changes concerning common-interest communities; and providing other matters properly relating thereto.

Senator Schneider moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Washington:

Senate Bill No. 101—AN ACT relating to education; making appropriations to the Department of Administration for allocation to the Board of Regents of the University of Nevada to provide scholarships for students who are disadvantaged and underrepresented in medical and dental schools within the University of Nevada; and providing other matters properly relating thereto.

Senator Washington moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Townsend:

Senate Bill No. 102—AN ACT relating to the Public Utilities Commission of Nevada; revising and recodifying certain provisions relating to hearings and meetings conducted by the Commission; enacting provisions which require the Governor to appoint to the Commission one Commissioner to represent the general public if the statute expanding the Commission from three to five Commissioners does not become effective on a certain date; making the Commissioner who represents the general public the Chairman and Executive Officer of the Commission; requiring the Governor to appoint a person to serve as an Acting Commissioner in the place of a Commissioner who is disqualified from participating on a specific matter before the Commission; repealing certain unenforceable provisions relating to the removal of Commissioners; and providing other matters properly relating thereto.

Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 48.

Bill read second time and ordered to third reading.

Senate Bill No. 55.

Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Townsend moved that Senate Bill No. 11 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Townsend.

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President pro Tempore and Secretary signed Senate Concurrent Resolution No. 6.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Nicole Barton.

On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to North Las Vegas Mayor Michael L. Montandan.

Senator Raggio moved that the Senate adjourn until Thursday, February 13, 2003, at 11 a.m. and that it do so in memory of our sixteenth President, Abraham Lincoln.

Motion carried.

Senate adjourned at 11:34 a.m.

Approved: Mark E. Amodei

President pro Tempore of the Senate

Attest: Claire J. Clift

Secretary of the Senate