THE ELEVENTH DAY
Carson City (Thursday), February 13, 2003
Senate called to order at 11:14 a.m.
President pro Tempore Amodei presiding.
Roll called.
All present except Senators Mathews and Rawson, who were excused.
Prayer by the Chaplain, Reverend Louie Locke.
Lord, we give You thanks, and we give You praise for Your
goodness, Your grace and Your willing involvement in our lives as we call on
You.
We know from Your Word that Your mercies are new every morning,
You give grace to the humble, and Your wisdom is available to those who ask.
So, we do ask, today, for Your mercy and Your grace and Your
wisdom to guide in the discussions and decisions made in this body,
Bless each Senator, their family and staff.
In the Name of the most high God, I pray.
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.
REPORTS
OF COMMITTEES
Mr. President
pro Tempore:
Your
Committee on Judiciary, to which were referred Senate Bills Nos. 17, 57, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
Mark E. Amodei, Chairman
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Tiffany, Cegavske, Amodei, Coffin, Hardy, McGinness, Nolan, O'Connell, Rawson, Rhoads, Shaffer, Washington, Wiener; Assemblymen Beers, Hettrick, Andonov, Hardy, Mabey, Parks and Weber:
Senate Bill No. 103—AN ACT relating to counties; extending the time a county may lease real property of the county to a corporation for public benefit under certain circumstances; and providing other matters properly relating thereto.
Senator Tiffany moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Schneider:
Senate Bill No. 104—AN ACT relating to gaming; revising the definition of “resort hotel” for the purposes of certain statutes pertaining to gaming; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 105—AN ACT relating to graffiti; aggregating the value of the property damaged or destroyed for purposes of determining the penalty if one or more persons place graffiti on or otherwise deface property pursuant to a scheme or continuing course of conduct; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 106—AN ACT relating to fees in civil actions; authorizing county clerks to impose an additional fee for the filing of certain actions and responses thereto in district courts to offset a portion of the costs of providing technology to the courts; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 107—AN ACT relating to courts; eliminating the limitation on the period of time in which a county or city may authorize justices or judges of justices’ or municipal courts to impose an administrative assessment for the provision of court facilities; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 108—AN ACT relating to administrative assessments; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain programs established by district courts; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 109—AN ACT relating to elections; providing that only the name of the candidate receiving a majority of the total votes cast in a primary election for a nonpartisan county office may be placed on the ballot for the general election; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 110—AN ACT relating to counties; revising provisions relating to the purchase, sale or exchange by a county of certain real property; revising provisions relating to the notice that a board of county commissioners must provide before selling or exchanging certain real property; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 111—AN ACT relating to elections; changing the dates during which persons who wish to be candidates for certain judicial offices must file their declarations of candidacy; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 112—AN ACT relating to the Secretary of State; revising the date on which a record is deemed to be filed with the Secretary of State; revising the fees charged for certain services provided by the Secretary of State; requiring the Secretary of State to post a schedule of certain fees; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 113—AN ACT relating to redevelopment; revising the manner of valuing certain property that becomes exempt from taxation for the purposes of allocating certain tax revenue among taxing agencies and a redevelopment agency; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 114—AN ACT relating to public works; revising provisions governing the manner of determining the prevailing rate of wages to be paid on public works; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 115—AN ACT relating to plumbing codes; requiring the State Public Works Board to adopt regulations designating a plumbing code for use in this state; providing for the adoption by certain state entities of a plumbing code other than the Uniform Plumbing Code; providing exceptions; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senators Nolan, Wiener; Assemblywomen Leslie and Chowning:
Senate Bill No. 116—AN ACT relating to motor vehicles; requiring that a child who is less than 9 years of age and who weighs 80 pounds or less be secured in a child restraint system when traveling in certain motor vehicles; requiring that such a system be properly installed within and attached to the motor vehicle; revising the provisions relating to the imposition of a fine for failing to secure a child in a child restraint system; revising provisions relating to the wearing of safety belts to require that each child who is not required to be secured in a child restraint system be secured with a safety belt; and providing other matters properly relating thereto.
Senator Nolan moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator McGinness:
Senate Bill No. 117—AN ACT relating to off-road vehicles; providing for the registration and titling of off-road vehicles; requiring the Department of Motor Vehicles to establish procedures for the registration and titling of off-road vehicles; providing that an off-road vehicle is included within the definition of “vehicle” for the purposes of regulation by the Department of Motor Vehicles; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 118—AN ACT relating to county building codes; providing that the regulations of the State Fire Marshal concerning building codes do not apply in a county whose population is 100,000 or more or which has been converted into a consolidated municipality under certain circumstances; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Shaffer (by request):
Senate Bill No. 119—AN ACT relating to hazardous waste; imposing certain restrictions on the transportation of certain hazardous waste; requiring the State Environmental Commission to impose certain requirements on the storage of that waste; providing penalties; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Shaffer (by request):
Senate Bill No. 120—AN ACT relating to motor vehicles; providing for the issuance of special license plates supporting alternatives to abortion; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Titus:
Senate Bill No. 121—AN ACT relating to energy; eliminating the exemption to the payment of the universal energy charge for electricity used in electrolytic-manufacturing processes; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senators Titus and Wiener:
Senate Bill No. 122—AN ACT relating to malpractice; authorizing intervention in certain proceedings regarding rates for certain malpractice insurance; limiting rates and proposed increases in rates for certain malpractice insurance; requiring certain insurers to offer tail coverage; prohibiting confidentiality in certain malpractice settlement agreements; prescribing procedures for withdrawal of certain insurers from the malpractice market in this state; providing for certain defendants in malpractice actions to receive specified information and independent counsel; requiring the reduction of premiums for certain policies of malpractice insurance; providing a penalty; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Titus:
Senate Bill No. 123—AN ACT relating to campaign practices; prohibiting state and local governments under certain circumstances from paying for publications that prominently feature current public officers who are candidates for elective office; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Titus:
Senate Bill No. 124—AN ACT relating to corporations; revising the statutory liability of stockholders, directors and officers of a corporation; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 125—AN ACT relating to public utilities; revising provisions governing notice for certain parties to a permit proceeding involving a utility facility; increasing the time allowed for entry of a final order for an application relating to the sale of energy, capacity or ancillary services by a provider of new electric resources; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 126—AN ACT relating to energy; exempting retail customers who purchase energy from certain municipal utilities from the payment of the universal energy charge; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 127—AN ACT relating to hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at regulated facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; authorizing the Administrator of the Division to issue certain orders; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 128—AN ACT relating to property; allowing a tenant to recover immediate possession of the premises from a landlord under certain circumstances; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 129—AN ACT relating to insurance; requiring certain insurers that make adverse underwriting decisions based on consumer reports, credit history or insurance scores to follow certain procedures; requiring those insurers to provide notice to the individuals and to reconsider the adverse underwriting decisions in certain circumstances; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Coffin:
Senate Bill No. 130—AN ACT relating to insurance; requiring the Commissioner of Insurance to prescribe a form for the use of employers when applying for health insurance under certain circumstances; requiring providers of insurance offering health insurance to accept a prescribed form from certain applicants; and providing other matters properly relating thereto.
Senator Coffin moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Coffin:
Senate Bill No. 131—AN ACT relating to insurance; requiring insurers offering property insurance to obtain a disclosure statement setting forth the coverage for the control of mold included in the policy; defining certain terms relating to insurance coverage for the control of mold; requiring insurers offering property insurance to offer certain levels of coverage for the control of mold; providing a penalty; and providing other matters properly relating thereto.
Senator Coffin moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Coffin:
Senate Bill No. 132—AN ACT relating to mold; requiring the Division of Industrial Relations of the Department of Business and Industry to license and regulate persons engaged in activities relating to the control of mold; requiring the Division to establish certain regulations, procedures and standards for activities relating to the control of mold; requiring the State Environmental Commission to adopt regulations for the disposal of mold and material containing mold; providing a penalty; and providing other matters properly relating thereto.
Senator Coffin moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Senate Bills Nos. 48, 55 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Townsend.
Motion carried.
remarks from the floor
Senator Neal requested that his remarks be entered in the Journal.
Mr. President pro Tempore, yesterday, I received a call from the
press indicating Senate Bill No. 20 had been indefinitely postponed by a
unanimous vote. Senate Bill No. 20 was a profiling bill introduced in this
House to cure a problem that was evident in a report generated by the Nevada
State Attorney General’s Office. It sent a cold message to minority groups,
mainly the Hispanic and African-Americans of this State who are being profiled
based upon who they are. That vote said, in essence, that the rights of these
individuals are indefinitely postponed in this State. The vote said they do not
have the same rights to drive freely on the roads of this State as Caucasians
have. This is a cold message for a state born during the Civil War, a state
that supported the freedom of slaves, a state that went against Emperor
Maximillian when he wanted to have slavery in Mexico.
Lack of action on Senate Bill No. 20 does not speak well for
Nevada. We might go to war in the Middle East. African-American, Hispanic and
other Asian members of this country represent 45 percent of the military. African-Americans
represent 30 percent and Hispanics represent 9 percent of the military. We
are saying these people, who serve this country and this flag to which we just
pledged our allegiance, have no right to drive freely on the roads of this State
and no right not to be stopped by the police and that they will have no
recourse when it happens.
I
feel sorry for the State of Nevada. I feel sorry to be a black member standing
here, today, where we had a vote that sends such a cold message to the policemen
throughout this State. It says it is all right for the police to stop
African-Americans and Hispanics for who they are. I think this is a cold
message. This is not right that people of privilege treat minorities this way.
The committee saw no relationship to African-Americans, Hispanics and
themselves. They came here to make a plea that these activities, police
brutality, have gone too far in this State. The legislative response was to
vote unanimously in committee to postpone the constitutional rights of these
individuals indefinitely.
Senator O'Connell requested that her remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. Since I am chairman of the
committee being talked about this morning, I think it is important that a few
more remarks be entered into the Journal because nothing could be further from
the discussion that went on in Government Affairs about Senate Bill No. 20. The
discussion was just the opposite. The committee found several concerns in the
bill, and our Minority Leader made some suggestions and asked the committee,
specifically, to find another vehicle to address the concerns of the Senator
from southern Nevada. The committee agreed unanimously and directed staff to do
so.
Usually,
in any legislation put forth before this body, there are two sides of an issue
or there are at least two ways of looking at an issue. If you look at the
makeup of the committee, I think everyone would understand that there is
nothing further from the concerns of the committee than to discriminate against
any race. I would like to assure the Senator from southern Nevada that we are
still looking for a vehicle to address his concerns and that there was never
any intent to be insulting to the Senator from southern Nevada or to any African-American
or Hispanic. I would like to assure him of our intent. I am certain everyone
who sits on this committee would stand up and agree with my comments concerning
this issue.
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 Joan Hall.
On request of Senator Hardy, the privilege
of the floor of the Senate Chamber for this day was extended to Dr. John
Kubiak, Ph.D.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Robin Keith.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Kathy Ancho and Wendy Naveran.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Cynthia O'Connell Sullivan.
Senator Raggio moved that the Senate adjourn until Monday, February 17, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 11:46 a.m.
Approved: Mark E. Amodei
President
pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate