THE NINETEENTH DAY
Carson City (Friday), February 21, 2003
Senate called to order at 10:45 a.m.
President Hunt presiding.
Roll called.
All present except Senator Washington, who was excused.
Prayer by the Chaplain, Reverend Bruce Henderson.
WHEREAS, Today is Friday; and
WHEREAS, Friday marks the end of the business week; and
WHEREAS, All Legislators look forward to a time of rest; and
WHEREAS, Our word Friday comes from the Old English Frigedaeg
and the prehistoric German word Frigg meaning to love; and
WHEREAS, We have always been taught to, “Thank God, it’s Friday”;
now, therefore, be it
RESOLVED that this body gratefully requests the blessing of Your
Divine Presence and Love during our work here and our rest away from here; and
be it further
RESOLVED That the Secretary of the Senate prepare and transmit a
copy of this request to the Daily Journal.
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 Judiciary, to which was referred Senate Bill No. 43, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Also,
your Committee on Judiciary, to which were referred Senate Bills Nos. 107, 128,
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
Madam
President:
Your
Committee on Transportation, to which was referred Senate Bill No. 77, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Raymond C. Shaffer, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, February 20, 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. 26.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bill No. 46.
Also,
I have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 3.
MOTIONS,
RESOLUTIONS AND NOTICES
Initiative Petition No. 1—AN ACT relating to medical malpractice; limiting attorney’s fees in actions against providers of health care; eliminating the exceptions pertaining to noneconomic damages; making changes concerning the payment of damages; revising the statute of limitations for the filing of actions; eliminating joint and several liability; making various other changes concerning such actions; and providing for other matters properly relating thereto.
There exists a major health care crisis in this state
attributable to the skyrocketing cost of medical malpractice insurance; and
Whereas, Such
skyrocketing medical malpractice insurance costs have resulted in a potential
breakdown in the delivery of health care in this state, severe hardships
concerning the availability of health care for the medically indigent, a denial
of access to health care for the economically marginal, and the depletion of
physicians such as to substantially worsen the quality of health care available
to the residents of this state; and
Whereas, It is
necessary to provide an adequate and reasonable remedy to address this health
care crisis and to protect the health, welfare and safety of the residents of
this state; now, therefore,
THE PEOPLE OF THE STATE OF
NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY DO ENACT AS FOLLOWS:
Section 1. Chapter 7 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. An
attorney shall not contract for or collect a fee contingent on the amount of
recovery for representing a person seeking damages in connection with an action
for injury or death against a provider of health care based upon professional
negligence in excess of:
(a) Forty percent of the first $50,000
recovered;
(b) Thirty-three and one-third percent of
the next $50,000 recovered;
(c) Twenty-five percent of the next $500,000
recovered; and
(d) Fifteen percent of the amount of
recovery that exceeds $600,000.
2. The
limitations set forth in subsection 1 apply to all forms of recovery,
including, without limitation, settlement, arbitration and judgment.
3. For
the purposes of this section, “recovered” means the net sum recovered by the
plaintiff after deducting any disbursements or costs incurred in connection
with the prosecution or settlement of the claim. Costs of medical care incurred
by the plaintiff and general and administrative expenses incurred by the office
of the attorney are not deductible disbursements or costs.
4. As
used in this section:
(a) “Professional negligence” means a
negligent act or omission to act by a provider of health care in the rendering
of professional services, which act or omission is the proximate cause of a
personal injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is licensed
or services for which any restriction has been imposed by the applicable
regulatory board or health care facility.
(b) “Provider of health care” means a
physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse,
dispensing optician, optometrist, registered physical therapist, podiatric
physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical
laboratory director or technician, or a licensed hospital and its employees.
Sec.
2. Chapter 41A of NRS is hereby amended by adding thereto the
provisions set forth as sections 3 to 6, inclusive, of this act.
Sec.
3. “Professional negligence”
means a negligent act or omission to act by a provider of health care in the
rendering of professional services, which act or omission is the proximate
cause of a personal injury or wrongful death. The term does not include
services that are outside the scope of services for which the provider of
health care is licensed or services for which any restriction has been imposed
by the applicable regulatory board or health care facility.
Sec.
4. “Provider of health care”
means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed
nurse, dispensing optician, optometrist, registered physical therapist,
podiatric physician, licensed psychologist, chiropractor, doctor of Oriental
medicine, medical laboratory director or technician, or a licensed hospital and
its employees.
Sec.
5. In an action for injury or
death against a provider of health care based upon professional negligence, the
injured plaintiff may recover noneconomic damages, but the amount of
noneconomic damages awarded in such an action must not exceed $350,000.
Sec.
6. 1. In an action for injury or death against a
provider of health care based upon professional negligence, each defendant is
liable to the plaintiff for economic damages and noneconomic damages severally
only, and not jointly, for that portion of the judgment which represents the
percentage of negligence attributable to the defendant.
2. This
section is intended to abrogate joint and several liability of a provider of
health care in an action for injury or death against the provider of health
care based upon professional negligence.
Sec.
7. NRS 41A.003 is hereby amended to read as follows:
41A.003 As used in this chapter, unless the context otherwise requires,
the words and terms defined in NRS 41A.004 to 41A.013, inclusive, and sections 3 and 4 of this act have
the meanings ascribed to them in those sections.
Sec.
8. NRS 41A.097 is hereby amended to read as follows:
41A.097 1. Except as otherwise
provided in subsection 3, an action for injury or death against a provider of
health care may not be commenced more than 4 years after the date of injury or
2 years after the plaintiff discovers or through the use of reasonable
diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a
person occurring before October 1, 2002, based upon alleged professional
negligence of the provider of health care;
(b) Injury to or the wrongful death of a
person occurring before October 1, 2002, from professional services rendered
without consent; or
(c) Injury to or the wrongful death of a
person occurring before October 1, 2002, from error or omission in practice by
the provider of health care.
2. Except
as otherwise provided in subsection 3, an action for injury or death against a
provider of health care may not be commenced more than 3 years after the date
of injury or [2 years] 1 year
after the plaintiff discovers or through the use of reasonable diligence
should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a
person occurring on or after October 1, 2002, based upon alleged professional
negligence of the provider of health care;
(b) Injury to or the wrongful death of a
person occurring on or after October 1, 2002, from professional services
rendered without consent; or
(c) Injury to or the wrongful death of a
person occurring on or after October 1, 2002, from error or omission in
practice by the provider of health care.
3. This
time limitation is tolled for any period during which the provider of health
care has concealed any act, error or omission upon which the action is based
and which is known or through the use of reasonable diligence should have been
known to him.
4. For
the purposes of this section, the parent, guardian or legal custodian of any
minor child is responsible for exercising reasonable judgment in determining
whether to prosecute any cause of action limited by subsection 1 or 2. If the
parent, guardian or custodian fails to commence an action on behalf of that
child within the prescribed period of limitations, the child may not bring an
action based on the same alleged injury against any provider of health care
upon the removal of his disability, except that in the case of:
(a) Brain damage or birth defect, the period
of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is
extended until 2 years after the child discovers the injury.
[5. As used in this section, “provider of health care” means a
physician licensed under chapter 630 or 633 of NRS, a dentist, registered
nurse, dispensing optician, optometrist, registered physical therapist,
podiatric physician, licensed psychologist, chiropractor, doctor of Oriental
medicine, medical laboratory director or technician, or a licensed hospital as
the employer of any such person.]
Sec.
9. Chapter 42 of NRS is hereby amended by adding thereto a new
section to read as follows:
1. In
an action for injury or death against a provider of health care based upon
professional negligence, if the defendant so elects, the defendant may introduce
evidence of any amount payable as a benefit to the plaintiff as a result of the
injury or death pursuant to the United States Social Security Act, any state or
federal income disability or worker’s compensation act, any health, sickness or
income-disability insurance, accident insurance that provides health benefits
or income-disability coverage, and any contract or agreement of any group,
organization, partnership or corporation to provide, pay for or reimburse the
cost of medical, hospital, dental or other health care services. If the
defendant elects to introduce such evidence, the plaintiff may introduce
evidence of any amount that the plaintiff has paid or contributed to secure his
right to any insurance benefits concerning which the defendant has introduced
evidence.
2. A
source of collateral benefits introduced pursuant to subsection 1 may not:
(a) Recover any amount against the
plaintiff; or
(b) Be subrogated to the rights of the
plaintiff against a defendant.
3. In
an action for injury or death against a provider of health care based upon
professional negligence, a district court shall, at the request of either
party, enter a judgment ordering that money damages or its equivalent for
future damages of the judgment creditor be paid in whole or in part by periodic
payments rather than by a lump-sum payment if the award equals or exceeds
$50,000 in future damages.
4. In
entering a judgment ordering the payment of future damages by periodic payments
pursuant to subsection 3, the court shall make a specific finding as to the
dollar amount of periodic payments that will compensate the judgment creditor
for such future damages. As a condition to authorizing periodic payments of
future damages, the court shall require a judgment debtor who is not adequately
insured to post security adequate to assure full payment of such damages
awarded by the judgment. Upon termination of periodic payments of future
damages, the court shall order the return of this security, or so much as
remains, to the judgment debtor.
5. A
judgment ordering the payment of future damages by periodic payments entered
pursuant to subsection 3 must specify the recipient or recipients of the
payments, the dollar amount of the payments, the interval between payments, and
the number of payments or the period of time over which payments will be made.
Such payments must only be subject to modification in the event of the death of
the judgment creditor. Money damages awarded for loss of future earnings must
not be reduced or payments terminated by reason of the death of the judgment
creditor, but must be paid to persons to whom the judgment creditor owed a duty
of support, as provided by law, immediately before his death. In such cases,
the court that rendered the original judgment may, upon petition of any party
in interest, modify the judgment to award and apportion the unpaid future
damages in accordance with this subsection.
6. If
the court finds that the judgment debtor has exhibited a continuing pattern of
failing to make the periodic payments as specified pursuant to subsection 5,
the court shall find the judgment debtor in contempt of court and, in addition
to the required periodic payments, shall order the judgment debtor to pay the
judgment creditor all damages caused by the failure to make such periodic
payments, including, but not limited to, court costs and attorney’s fees.
7. Following
the occurrence or expiration of all obligations specified in the periodic
payment judgment, any obligation of the judgment debtor to make further
payments ceases and any security given pursuant to subsection 4 reverts to the
judgment debtor.
8. As
used in this section:
(a) “Future damages” includes damages for
future medical treatment, care or custody, loss of future earnings, loss of
bodily function, or future pain and suffering of the judgment creditor.
(b) “Periodic payments” means the payment of
money or delivery of other property to the judgment creditor at regular
intervals.
(c) “Professional negligence” means a
negligent act or omission to act by a provider of health care in the rendering
of professional services, which act or omission is the proximate cause of a
personal injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is licensed
or services for which any restriction has been imposed by the applicable
regulatory board or health care facility.
(d) “Provider of health care” means a
physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse,
dispensing optician, optometrist, registered physical therapist, podiatric
physician, licensed psychologist, chiropractor, doctor of Oriental medicine,
medical laboratory director or technician, or a licensed hospital and its
employees.
Sec.
10. NRS 41A.031, 41A.041 and 42.020 are hereby repealed.
Sec.
11. If any provision of this act, or the application thereof to any
person, thing or circumstance is held invalid, such invalidity shall not affect
the provisions or application of this act which can be given effect without the
invalid provision or application, and to this end the provisions of this act
are declared to be severable.
Sec.
12. The amendatory provisions of sections 5, 6 and 8 of this act apply
only to a cause of action that accrues on or after the effective date of this
act.
TEXT OF REPEALED SECTIONS
41A.031
Limitations on liability for
noneconomic damages; exceptions.
1. Except
as otherwise provided in subsection 2 and except as further limited in subsection 3, in
an action for damages for medical malpractice or dental malpractice, the
noneconomic damages awarded to each plaintiff from each defendant must not exceed
$350,000.
2.
In an action for damages for medical
malpractice or dental malpractice, the limitation on noneconomic damages set
forth in subsection 1 does not apply in the following circumstances and types
of cases:
(a)
A case in which the conduct of the defendant is determined to constitute gross
malpractice; or
(b)
A case in which, following return of a verdict by the jury or a finding of
damages in a bench trial, the court determines, by clear and convincing
evidence admitted at trial, that an award in excess of $350,000 for noneconomic
damages is justified because of exceptional circumstances.
3.
Except as otherwise provided in
subsection 4, in an action for damages for medical malpractice or dental
malpractice, in the circumstances and types of cases described in subsections 1
and 2, the noneconomic damages awarded to each plaintiff from each defendant
must not exceed the amount of money remaining under the professional liability
insurance policy limit covering the defendant after subtracting the economic
damages awarded to that plaintiff. Irrespective of the number of plaintiffs in
the action, in no event may any single defendant be liable to the plaintiffs in
the aggregate in excess of the professional liability insurance policy limit
covering that defendant.
4.
The limitation set forth in subsection
3 does not apply in an action for damages for medical malpractice or dental
malpractice unless the defendant was covered by professional liability
insurance at the time of the occurrence of the alleged malpractice and on the
date on which the insurer receives notice of the claim, in an amount of:
(a)
Not less than $1,000,000 per occurrence; and
(b)
Not less than $3,000,000 in the aggregate.
5.
This section is not intended to limit
the responsibility of any defendant for the total economic damages awarded.
6.
For the purposes of this section,
“gross malpractice” means failure to exercise the required degree of care,
skill or knowledge that amounts to:
(a)
A conscious indifference to the consequences which may result from the gross
malpractice; and
(b)
A disregard for and indifference to the safety and welfare of the patient.
41A.041 Medical malpractice: Several liability for noneconomic damages.
1.
In an action for damages for medical
malpractice, each defendant is liable for noneconomic damages severally only,
and not jointly, to the plaintiff only for that portion of the judgment which
represents the percentage of negligence attributable to the defendant.
2.
As used in this section, “medical
malpractice” means the failure of a physician, hospital, employee of a
hospital, certified nurse midwife or certified registered nurse anesthetist in
rendering services to use the reasonable care, skill or knowledge ordinarily
used under similar circumstances.
42.020 Actions for damages for medical malpractice: Reduction of damages
by amount previously paid or reimbursed; payment of future economic damages.
1.
Except as otherwise provided in
subsection 2, in any action for damages for medical malpractice, the amount of
damages, if any, awarded in the action must be reduced by the amount of any
prior payment made by or on behalf of the provider of health care against whom
the action is brought to the injured person or to the claimant to meet
reasonable expenses of medical care, other essential goods or services or
reasonable living expenses.
2.
In any action described in subsection 1
in which liability for medical malpractice is established or admitted, the
court shall, before the entry of judgment, hold a separate hearing to determine
if any expenses incurred by the claimant for medical care, loss of income or
other financial loss have been paid or reimbursed as a benefit from a
collateral source. If the court determines that a claimant has received such a
benefit, the court shall reduce the amount of damages, if any, awarded in the
action by the amount of the benefit. The amount so reduced must not include any
amount for which there is a right of subrogation to the rights of the claimant
if the right of subrogation is exercised by serving a notice of lien on the
claimant before the settlement of or the entry of judgment in the action.
Notice of the action must be provided by the claimant to any statutory holder
of a lien.
3.
If future economic damages are awarded
in an action for medical malpractice, the court may, at the request of the claimant,
order the award to be paid:
(a)
In a lump sum which has been reduced to its present value as determined by the
trier of fact and approved by the court; or
(b)
Subject to the provisions of subsections 5 and 6 and the discretion of the
court, in periodic payments either by an annuity purchased to provide periodic
payments or by other means if the defendant posts an adequate bond or other
security to ensure full payment by periodic payments of the damages awarded by
the judgment.
As used in this subsection, “future
economic damages” includes damages for future medical treatment, care or
custody, and loss of future earnings.
4.
If the claimant receives periodic
payments pursuant to paragraph (b) of subsection 3, the award must not be
reduced to its present value. The amount of the periodic payments must be equal
to the total amount of all future damages awarded by the trier of fact and
approved by the court. The period for which the periodic payments must be made
must be determined by the trier of fact and approved by the court. Before the
entry of judgment, each party shall submit to the court a plan specifying the
recipient of the payments, the amount of the payments and a schedule of
periodic payments for the award. Upon receipt and review of the plans, the
court shall specify in its judgment rendered in the action the recipient of the
payments, the amount of the payments and a schedule of payments for the award.
5.
If an annuity is purchased pursuant to
paragraph (b) of subsection 3, the claimant shall select the provider of the
annuity. Upon purchase of the annuity, the claimant shall:
(a)
Execute a satisfaction of judgment or a stipulation for dismissal of the claim
with prejudice; and
(b)
Release forever the defendant and his insurer, if any, from any obligation to
make periodic payments pursuant to the award.
6.
If the defendant posts a bond or other
security pursuant to paragraph (b) of subsection 3, upon termination of the
payment of periodic payments of damages, the court shall order the return of
the bond or other security, or as much as remains, to the defendant.
7.
As used in this section:
(a)
“Benefit from a collateral source” means any money, service or other benefit
which is paid or provided or is reasonably likely to be paid or provided to a
claimant for personal injury or wrongful death pursuant to:
(1)
A state or federal act which provides benefits for sickness, disability,
accidents, loss of income or workers’ compensation;
(2)
A policy of insurance which provides health benefits or coverage for loss of
income;
(3)
A contract of any group, organization, partnership or corporation which
provides, pays or reimburses the cost of medical, hospital or dental benefits
or benefits for loss of income; or
(4)
Any other publicly or privately funded program which provides such benefits.
(b) “Medical malpractice” has the meaning
ascribed to it in NRS 41A.009.
2002 MEDICAL MALPRACTICE
“Keep Our Doctors in Nevada”
Petition Submitted 11/04/02
Results
|
Counties |
Total
Voter Turnout |
10%
of Voter Turnout* |
Raw
Count Results (due 5 p.m. 11/8/02) |
Verification Results
(due 5 p.m. 12/02/02) |
|
Carson City |
19,655 |
1,966 |
3,109 |
2,375 |
|
Churchill |
8,881 |
888 |
1,405 |
1,257 |
|
Clark |
384,772 |
38,477 |
62,198 |
50,218 |
|
Douglas |
18,246 |
1,825 |
2,842 |
2,235 |
|
Elko |
14,244 |
1,424 |
|
|
|
Esmeralda |
498 |
50 |
74 |
71 |
|
Eureka |
843 |
84 |
120 |
107 |
|
Humboldt |
5,100 |
510 |
688 |
604 |
|
Lander |
2,129 |
213 |
316 |
256 |
|
Lincoln |
1,983 |
198 |
306 |
273 |
|
Lyon |
12,095 |
1,210 |
|
|
|
Mineral |
2,979 |
298 |
368 |
342 |
|
Nye |
12,259 |
1,226 |
|
|
|
Pershing |
1,811 |
181 |
253 |
234 |
|
Storey |
1,815 |
182 |
254 |
240 |
|
Washoe |
122,454 |
12,245 |
21,228 |
18,510 |
|
White Pine |
3,596 |
360 |
494 |
403 |
|
Totals |
613,360 |
61,336 |
93,655 |
77,125 |
*number
of signatures required in each county and statewide
Senator O'Connell moved that the petition be referred to the Committee on Judiciary.
Motion carried.
Assembly Concurrent Resolution No. 3.
Senator Coffin moved the adoption of the resolution.
Remarks by Senator Coffin.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Human Resources and Facilities:
Senate Bill No. 188—AN ACT relating to health care; revising various provisions relating to subsidies for malpractice insurance of certain providers of prenatal care; establishing the Nevada Office of Rural Health within the University of Nevada School of Medicine to administer matters relating to the delivery of health care services to rural and frontier areas in this state; establishing the Area Health Education Center Program within the University of Nevada School of Medicine to support education and training programs for certain students, residents and practitioners providing health care services in medically underserved areas in this state; establishing the Medical Education Council of Nevada within the University of Nevada School of Medicine to ensure that Nevada has an adequate, well-trained health care workforce to meet the needs of the residents of this state; revising various provisions relating to the administration of the Nevada Health Service Corps; making appropriations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senators Titus, Carlton, Wiener, Care, Schneider, Amodei, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rhoads and Tiffany:
Senate Bill No. 189—AN ACT relating to vehicle emissions; providing for the biennial inspection and testing of emissions of motor vehicles in certain counties; establishing a maximum fee which may be charged for such a biennial inspection; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Finance:
Senate Bill No. 190—AN ACT relating to education; making an appropriation to the Clark County School District for the creation of a certificate program by the Regional Training Program for the Professional Development of Teachers and Administrators created by that school district and to provide stipends to certain teachers who participate in the certificate program; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 191—AN ACT relating to education; requiring the State Board of Education to define the measurement for determining whether this state, each school district and each public school has made adequate yearly progress in accordance with the federal No Child Left Behind Act of 2001; requiring the State Board to prepare an annual report of accountability; requiring the State Board, each school district and each public school to develop a plan to improve the achievement of pupils; revising provisions governing the designations of public schools; requiring the Department of Education to designate school districts based upon the achievement of pupils enrolled in the school district; prescribing the consequences for public schools and school districts that are designated as demonstrating need for improvement; revising provisions governing accountability and reporting; revising provisions governing the examinations that are administered to pupils in public schools; establishing a license to teach middle school or junior high school education; revising provisions governing the qualifications of certain teachers who provide instruction in a junior high school or middle school; requiring certification of certain paraprofessionals employed by school districts and charter schools; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of an applicant for certification as a paraprofessional; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; making appropriations; revising various other provisions governing education to comply with the federal No Child Left Behind Act of 2001; providing a penalty; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 192—AN ACT relating to transportation; revising provisions governing the regulation of certain motor carriers and drivers; imposing an annual fee upon certain motor carriers; requiring drivers of certain motor carriers to obtain a driver’s permit from the Transportation Services Authority; imposing a fee for the issuance and renewal of such a permit; requiring the Transportation Services Authority to adopt regulations governing the conduct of certain drivers; increasing the amount of certain application fees and filing fees; revising provisions relating to disciplinary action; prohibiting discriminatory conduct by certain motor carriers and drivers; revising provisions relating to certificates of public convenience and necessity and permits; increasing the annual fee to operate a tow car; revising provisions governing the impoundment of certain vehicles; revising provisions relating to driver’s permits issued by the Taxicab Authority; revising provisions administered by the Taxicab Authority; providing penalties; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Schneider:
Senate Bill No. 193—AN ACT relating to industrial insurance; clarifying the coverage of industrial insurance for members of the Nevada Legislature; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 26.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 46.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 32.
Bill read second time and ordered to third reading.
remarks from the floor
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Madam President. It has come to my
attention through an e-mail received by Senator Carlton that February has been
designated as National Military Appreciation Month. The Department of Defense
has set up a web site where you can sign a thank-you note to show your
appreciation of the men and women of the U.S. Military services who are
defending our freedoms. That address is: www.defendamerica.mil/nman.html.
I urge you all to send your greetings and thanks that will be
forwarded to our men and women in the military at the end of the month. It only
takes about 10 seconds to log on. So far, 5,092,742 people have signed in. We
should add our names to that list. I have already done so.
When you do sign in to show your appreciation, you might also
take a minute during this month to thank the veterans in this building and in
the Legislature for their sacrifices and their services. Congressman Gibbons
introduced several last night and others were pointed out and mentioned, but
one hero he failed to acknowledge is our own Senator Terry Care.
Senator
Care entered the U.S. Army in 1966, was commissioned as a second lieutenant
after graduating from Infantry Officer Candidate School at Fort Benning,
Georgia, in 1967. He subsequently graduated from the Army’s Ranger School and
then was sent to Viet Nam in March of 1968 with the 46th Infantry out of Fort
Hood, Texas. Once in Viet Nam, he served as an infantry platoon leader and company
commander. He was awarded the Bronze Star and Purple Heart with Oak Leaf
Cluster before being medically retired as a first lieutenant. His name should
be entered into the record as a hero, too. Let us take this month to thank all
the people who are helping to defend our country.
Senator Care:
Madam President, I am humbled by Senator Titus’
words. They were unexpected. I say humbled because I know any number of my
colleagues have served in uniform and have done so in an exemplary fashion, and
I know there are untold Nevadan and American families who are going to go
through turmoil soon. They will always be in my thoughts.
I am
so moved by this that I want all my colleagues to know that timing is
everything. If all their bills were on General File today, I would blindly vote
for them, but I do not know if I can say that in a couple of weeks. Thank you.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Adam Cegavske.
Senator Raggio moved that the Senate adjourn until Monday, February 24, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 11:04 a.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate