THE FORTY-THIRD DAY

                               

Carson City (Monday), March 17, 2003

    Senate called to order at 11:05 a.m.

    President Hunt presiding.

    Roll called.

    All present except Senator Carlton, who was excused.

    Prayer by the Chaplain, Bob Forester, Baha'i Faith of Carson City.

    O my God! O my God! Unite the hearts of Thy servants, and reveal to them Thy great purpose. May they follow Thy commandments and abide in Thy law. Help them, O God, in their endeavor, and grant them strength to serve Thee. O God! Leave them not to themselves, but guide their steps by the light of Thy knowledge, and cheer their hearts by Thy love. Verily, Thou art their helper and their Lord.

Baha'u'llah.

    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 Bill No. 169; Assembly Bill No. 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph  J. Townsend, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Senate Bills Nos. 186, 196, 205, 231; Assembly Bills Nos. 33, 93, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark E. Amodei, Chairman

COMMUNICATIONS FROM STATE OFFICERS

Congress of the United States

House of Representatives

Washington, D.C. 20515-2803

March 4, 2003

The Honorable William Raggio, Senate Majority Leader, State of Nevada Senate,

    Legislative Building, 401 South Carson Street, Carson City, Nevada 89701-4747

Dear Senator Raggio:

    I’m following the legislative session with great interest. It’s apparent that you are facing greater challenges than at any time in my memory. You certainly have your hands full in managing the affairs of the Senate and the difficult issues you face in addressing the state budget needs. I do not envy your task, but share your enthusiasm in serving the public in my capacity as a Congresswoman.

    I am writing  to you, today, to express my desire to address both Houses of the Legislature this year. It appears that April 15, 2003, at 5:00 p.m. is available, and I would enjoy the opportunity to share my views on national issues and the challenges that confront us in the Congress. Many of these issues will affect Nevada citizens directly, and the perspectives of the members of the Nevada Legislature are paramount to my decision making.

    If you could let my staff know the details regarding my visit and address, I would appreciate it. I look forward to your response and visiting with you in Carson City in April. Please direct any communication to my District Director, Tod Story. He can be reached at (702) 220-9823.

                                                                                                Sincerely,

                                                                                                      Shelley Berkley

                                                                                                      Member of Congress

INTRODUCTION, FIRST READING AND REFERENCE

    By Senator Washington:

    Senate Bill No. 296—AN ACT making an appropriation for the preparation of plans and federal and private funding requests for the conversion of a historic machine shop located in the City of Sparks into a regional science center, Amtrak station and tourist information center; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Wiener, Amodei, Titus, Care, McGinness, Nolan and Washington:

    Senate Bill No. 297—AN ACT relating to personal identifying information; making various changes relating to personal identifying information; prohibiting a person from unlawfully possessing or using a scanning device or reencoder to acquire certain personal identifying information; clarifying the applicability of certain crimes relating to personal identifying information; prohibiting a public officer or public employee from committing certain unlawful acts relating to personal identifying information; restricting the type of credit card or debit card information that may be printed electronically on a receipt; providing penalties; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Senate Bill No. 298—AN ACT relating to business; requiring a defaulting business entity that wants to reinstate its right to transact business in this state to file with the Secretary of State a certificate of acceptance of appointment signed by its resident agent; changing the exclusive remedy by which a judgment creditor of a member of a limited-liability company or a limited partnership may satisfy a judgment; allowing a limited partnership to register as a limited-liability limited partnership; increasing certain fees and establishing new fees; providing that certain changes do not constitute a change in the appointment of a resident agent; repealing the requirement that a foreign corporation publish its annual statement; providing for the issuance of an order to cease and desist for failure to comply with certain provisions pertaining to business licenses; making various other changes to provisions pertaining to business entities; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Senate Bill No. 299—AN ACT relating to prisoners; prohibiting prisoners from manufacturing or possessing certain tools or items adapted, designed or commonly used for the purpose of escaping or attempting to escape from custody; providing penalties; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Senate Bill No. 300—AN ACT relating to crimes; limiting the fee that may be charged by a provider of Internet service for providing information pursuant to certain subpoenas; revising the provision relating to using technology to lure children; increasing the number of members of the Advisory Board for the Nevada Task Force for Technological Crime; providing that the crime of using technology to lure a child constitutes immoral conduct for the purposes of certain provisions related to educational personnel; providing that certain licensed educational employees forfeit their rights of employment if convicted of such a crime; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Townsend:

    Senate Bill No. 301—AN ACT relating to mental health; creating the Nevada Mental Health Plan Implementation Commission to develop an action plan for implementing the recommendations of the President’s New Freedom Commission on Mental Health in this state; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Townsend:

    Senate Bill No. 302—AN ACT relating to public safety; requiring the Nevada Highway Patrol under certain circumstances to pay certain educational expenses for officers injured in the line of duty; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Nolan:

    Senate Bill No. 303—AN ACT relating to criminal records; authorizing the Central Repository for Nevada Records of Criminal History to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator O'Connell:

    Senate Bill No. 304—AN ACT relating to antifreeze; requiring addition of a bittering agent to certain antifreeze to render it unpalatable; providing a penalty; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

    By Senator Rawson:

    Senate Bill No. 305—AN ACT relating to graduate medical education; requiring the Board of Regents of the University of Nevada to establish a Council on Graduate Medical Education; authorizing the Council to establish a program to encourage physicians under certain circumstances to undertake graduate medical education in medical specialties in which there is a shortage of physicians practicing in this state; making an appropriation; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Care:

    Senate Bill No. 306—AN ACT relating to the Nevada National Guard; revising the provisions governing the educational benefits provided to members of the Nevada National Guard; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Wiener, Rawson, Cegavske, Mathews, Neal, Nolan and Washington:

    Senate Bill No. 307—AN ACT relating to public health; requiring the posting of a sign in certain food establishments in which alcoholic beverages are sold that warns of the dangers of drinking such beverages during pregnancy; merging the Advisory Subcommittee on Fetal Alcohol Syndrome into the Advisory Board on Maternal and Child Health; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Raggio, Townsend; Assemblymen Sherer and Geddes:

    Senate Bill No. 308—AN ACT relating to taxation; requiring certain revenue from property taxes imposed by counties and other local governments to be paid to the Department of Taxation for credit to the State General Fund; and providing other matters properly relating thereto.

    Senator Raggio moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Senators McGinness and Titus:

    Senate Bill No. 309—AN ACT relating to democracy; establishing the Advisory Committee on Participatory Democracy within the Office of the Secretary of State; prescribing its powers and duties; requiring certain reports to the Legislature; and providing other matters properly relating thereto.

    Senator McGinness moved that the bill be referred to the Committee on Government Affairs

    Motion carried.

    By Senator Carlton:

    Senate Bill No. 310—AN ACT relating to agencies; clarifying that certain occupational boards and commissions must act in the public interest; revising the qualifications for the members of certain occupational boards and commissions; providing that the members of certain occupational boards and commissions must be provided with certain materials and training upon appointment; revising the authority of certain occupational boards and commissions to hire employees or contract with independent contractors; revising the qualifications for the executive director or executive secretary of certain occupational boards and commissions; revising the audit requirements for certain occupational boards and commissions; 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 Carlton:

    Senate Bill No. 311—AN ACT relating to the State Legislature; prohibiting a person who is subject to regulation by an occupational licensing board from refusing to provide service to a current or former Legislator based on the vote or abstention of that Legislator on any proposed legislation or other matter on which a vote is taken; providing that a violation constitutes grounds for disciplinary action by the appropriate occupational licensing board; and providing other matters properly relating thereto.

    Senator Titus moved that the bill be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By Senators Carlton, Neal, Titus, Care; Assemblymen Ohrenschall, Giunchigliani, Chowning and McCleary (by request):

    Senate Bill No. 312—AN ACT relating to governmental entities; requiring state and local governmental entities to accept a consular identification card for the purpose of identifying a person under certain circumstances; clarifying that the presentation of such a consular identification card does not, by itself, convey an entitlement to any benefits; 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 Raggio:

    Senate Bill No. 313—AN ACT relating to taxation; clarifying the provisions governing the administration of the sales and use taxes to ensure that a purchaser who leases tangible personal property to an entity that is exempted from those taxes is not required to pay any tax on the storage, use or other consumption of that property; and providing other matters properly relating thereto.

    Senator Raggio moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Senator Raggio:

    Senate Bill No. 314—AN ACT relating to taxation; requiring the Department of Taxation to collect data concerning electronic commerce that is conducted in this state; requiring the Department to prepare annual reports of the data collected for submission to the Legislature; and providing other matters properly relating thereto.

    Senator Raggio moved that the bill be referred to the Committee on Taxation.

    Motion carried.


    By the Committee on Judiciary:

    Senate Bill No. 315—AN ACT relating to tobacco; prohibiting the placing of a cigarette vending machine where a minor is permitted to loiter; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Senate Bill No. 316—AN ACT relating to search warrants; revising the provisions pertaining to the issuance of search warrants; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Wiener, Amodei and Assemblywoman Leslie:

    Senate Bill No. 317—AN ACT relating to incarcerated persons; requiring the Department of Education to adopt regulations that establish a statewide program of education for incarcerated persons and to coordinate with and assist school districts in operating programs of education for incarcerated persons; creating in the State Treasury the Fund for Programs of Education for Incarcerated Persons; authorizing school districts to operate programs of education for incarcerated persons under certain circumstances; providing procedures if a manager or warden excludes from a facility or institution a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution; authorizing the University and Community College System of Nevada to offer courses that lead to a postsecondary degree for incarcerated persons; providing free tuition to certain incarcerated persons under certain conditions; making various changes to provisions relating to credits against the sentence of an offender; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer (by request):

    Senate Bill No. 318—AN ACT relating to water; requiring the owner of a public water system to pay fair market value for a certificate of appropriation for water from a well if the property of the holder of the certificate of appropriation is connected to the public water system and the holder of the certificate is required to transfer the certificate to the public water system; prohibiting the owner of a public water system from increasing certain fees relating to the connection of the property of a holder of a certificate of appropriation to the public water system to pay for the cost of purchasing the certificate of appropriation; requiring the owner of a public water system to permit certain fees to be paid in installments; 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:

    Senate Bill No. 319—AN ACT relating to insurance; changing the location where the Commissioner of Insurance may conduct a hearing; providing an exception to the counter-signature requirement for certain types of insurance; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer (by request):

    Senate Bill No. 320—AN ACT relating to industrial insurance; establishing a system of external review for certain matters relating to industrial insurance; providing for the regulation and certification of certain external review organizations; providing for the payment of certain regulatory fees by external review organizations; authorizing an organization for managed care to charge an administrative fee to providers of health care under certain circumstances; requiring the adoption of certain medical standards for evaluating permanent impairments to injured employees; revising various provisions relating to medical treatment of injured employees; revising various provisions relating to the processing of claims and the payment of compensation to injured employees; revising certain procedures and establishing certain requirements relating to the adjudication of contested claims; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer:

    Senate Bill No. 321—AN ACT relating to public welfare; creating a Drug Utilization Review Board within the Department of Human Resources to develop drug utilization review programs for any Medicaid fee-for-service program that provides coverage for prescription drugs to outpatients; setting forth requirements for any program that requires prior authorization for a prescription drug within a Medicaid fee-for-service program; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer (by request):

    Senate Bill No. 322—AN ACT relating to motor carriers; revising provisions relating to self-insurance for taxicabs regulated by Taxicab Authority; eliminating the option of partial self-insurance for such taxicabs; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer:

    Senate Bill No. 323—AN ACT relating to professions; changing the name of the State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories to the Nevada State Funeral Board; removing the limitation concerning the number of consecutive terms of office a member of the Board may serve; authorizing the Board to establish certain fees by regulation; authorizing the Board to issue an order to desist or refrain from engaging in certain unlawful acts; authorizing the Board to order an immediate suspension of a license, permit or certificate under certain circumstances; revising certain provisions relating to disciplinary action; providing penalties; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer:

    Senate Bill No. 324—AN ACT relating to veterans’ homes; making various changes concerning the Veterans’ Home Account and the Gift Account for Veterans’ Homes; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator O'Connell:

    Senate Bill No. 325—AN ACT relating to common-interest communities; establishing the Commission for Common-Interest Communities; requiring the Commission to take certain actions related to such communities; requiring the Administrator of the Real Estate Division of the Department of Business and Industry to provide certain training to the members of the Commission; requiring the Attorney General to render opinions in certain circumstances; requiring a community manager to be certified by the Commission or be issued a permit by the Real Estate Division; providing for a complaint procedure if a person has been injured by certain violations; permitting the Commission to issue subpoenas in certain circumstances; providing for the immunity of the Commission and its members for certain actions; revising the provisions regarding the assessment and collection of certain fees by an association of a common-interest community; revising the provisions creating a certain account in the State General Fund; providing for the administration of a certain account in the State General Fund; making various other changes related to common-interest communities; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Senator Tiffany:

    Senate Bill No. 326—AN ACT relating to health care; requiring certain medical facilities and facilities for the dependent to grant licensed psychologists certain admitting and discharging privileges; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness:

    Senate Bill No. 327—AN ACT relating to drugs; establishing procedures for reusing certain prescription drugs that are dispensed to, but not used by, a patient in a mental health facility, facility for skilled nursing or facility for intermediate care, or an offender incarcerated in an institution or facility operated by the Department of Corrections; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 328—AN ACT relating to regional development; providing for the establishment of regional development districts; designating the Western Nevada Development District as such a district; and providing other matters properly relating thereto.

    Senator Amodei moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 329—AN ACT relating to administrative regulations; authorizing the review of a temporary regulation by the Legislative Commission upon the request of a Legislator; providing a procedure for such a review; authorizing the Legislative Commission to object to and suspend the filing of a temporary regulation and the Legislature to prevent that regulation from becoming effective under certain circumstances; providing a procedure for an agency to revise and resubmit to the Legislative Commission a temporary regulation to which the Commission has objected; revising the date by which an agency that adopts a temporary regulation may file the regulation with the Secretary of State; and providing other matters properly relating thereto.

    Senator Amodei moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 330—AN ACT relating to transportation; requiring the establishment of guidelines for the inclusion of projects in the State Transportation Improvement Program; requiring the Department of Transportation to prioritize projects; requiring the Department to adopt certain regulations; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 331—AN ACT relating to state personnel; authorizing the Employee-Management Committee to issue subpoenas for the attendance of witnesses and the production of books and papers; providing certain rights for employees that are the subject of or witnesses in internal administrative investigations; revising provisions relating to the filling of certain vacancies and regarding provisional appointments and reports on performance; authorizing an employee to request an arbitrator to hear a grievance; revising the provisions governing procedures for dismissals, demotions and suspensions without pay; and providing other matters properly relating thereto.

    Senator Amodei moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 332—AN ACT relating to public health; revising the provisions governing the qualifications of the State Health Officer; providing for the licensure of administrative physicians; clarifying certain restrictions on the use of the title “M.D.”; and providing other matters properly relating thereto.


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

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 333—AN ACT relating to insurance; revising provisions relating to health insurance for small employers; changing the method for determining whether the requirements for minimum participation are satisfied; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Hardy:

    Senate Bill No. 334—AN ACT relating to metropolitan police departments; authorizing a metropolitan police committee on fiscal affairs under certain circumstances to propose to the registered voters of the taxing district the question of whether an additional ad valorem tax shall be levied on all taxable property within the taxing district for the support of the metropolitan police department for the purpose of employing additional police officers; and providing other matters properly relating thereto.

    Senator Hardy moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Senator Hardy:

    Senate Bill No. 335—AN ACT relating to the redevelopment of communities; increasing the maximum amount that may be paid to a redevelopment agency in a small community; and providing other matters properly relating thereto.

    Senator Hardy moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Hardy:

    Senate Bill No. 336—AN ACT relating to water; requiring the State Engineer to quantify in acre-feet certain water rights, give certain persons notice concerning those water rights and file a notice concerning those water rights with the office of the county recorder of the county in which the water is appropriated; and providing other matters properly relating thereto.

    Senator Hardy moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.


    By Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness:

    Senate Bill No. 337—AN ACT relating to drugs; revising certain provisions relating to dispensing or distributing drugs via the Internet; prohibiting certain acts relating to filling or refilling a prescription via the Internet; clarifying that a person may fill or refill a prescription via the Internet within the time prescribed by law; providing penalties; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Tiffany:

    Senate Bill No. 338—AN ACT relating to massage therapy; creating the Board of Massage Therapists; prescribing the powers and duties of the Board; requiring massage therapists to be licensed by the Board; prescribing the requirements for the issuance or renewal of a license; providing the grounds for disciplinary action against a massage therapist; providing the actions the Board may take against a person who commits certain acts; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 146.

    Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 31.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 31:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 31 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 35.

    Bill read third time.

    Remarks by Senators Rawson, Titus and Raggio.

    Roll call on Senate Bill No. 35:

    Yeas—16.

    Nays—Care, Coffin, Titus, Wiener—4.

    Excused—Carlton.

    Senate Bill No. 35 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 68.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 68:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 68 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 96.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 96:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 96 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 150.

    Bill read third time.

    Remarks by Senators Rawson, Neal and O'Connell.

    Roll call on Senate Bill No. 150:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 150 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 159.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 159:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 159 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senator Raggio moved that the Senate recess until 4:30 p.m.

    Motion carried.

    Senate in recess at 12 p.m.

SENATE IN SESSION

    At 4:54 p.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Judiciary, to which was referred Senate Bill No. 232, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark E. Amodei, Chairman

Madam President:

    Your Committee on Natural Resources, to which was referred Senate Bill No. 294, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Judiciary.

Dean A. Rhoads, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Rhoads moved that Senate Bill No. 294 be re-referred to the Committee on Judiciary.

    Remarks by Senator Rhoads.

    Motion carried.

    By Senator Washington:

    Senate Concurrent Resolution No. 19—Urging the Athletic Directors of the University of Nevada, Reno, and the University of Nevada, Las Vegas, to schedule the annual rivalry football game between their teams on the Saturday following the observance of Nevada Day.

    Senator Washington moved that the resolution be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator Rhoads (by request):

    Senate Concurrent Resolution No. 20—Directing the Legislative Commission to conduct an interim study of the feasibility and desirability of changing the state boundary line along the border with Utah.

    Senator Rhoads moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By Senators Tiffany, Cegavske, Rawson, Coffin, Raggio and Rhoads:

    Senate Concurrent Resolution No. 21—Directing the Legislative Commission to conduct an interim study concerning the reconfiguration of school districts in this state.


    Senator Tiffany moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By Senator Cegavske:

    Senate Bill No. 339—AN ACT relating to tobacco; prohibiting a minor from falsely representing his age to purchase tobacco products; authorizing a merchant to detain such a minor to inform a peace officer; providing the juvenile division of the district court with jurisdiction over a child who falsely represents his age to purchase tobacco products; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Cegavske:

    Senate Bill No. 340—AN ACT relating to education; providing in skeleton form for scholarships to pupils with disabilities who attend private schools; providing for the calculation of the amount of a scholarship; authorizing the Department of Education to adopt certain regulations; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Cegavske:

    Senate Bill No. 341—AN ACT relating to education; requiring the Board of Regents of the University of Nevada, under certain circumstances, to pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by high school pupils taking certain courses at a school within the University and Community College System of Nevada; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Hardy, Nolan, Amodei and Shaffer:

    Senate Bill No. 342—AN ACT relating to administration of public personnel; requiring complaints alleging misconduct of certain public officers and employees to be in writing and verified; repealing the provision that makes it a crime to file a false complaint concerning a peace officer; and providing other matters properly relating thereto.

    Senator Hardy moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senator McGinness:

    Senate Bill No. 343—AN ACT relating to taxes on motor vehicle fuel; authorizing the rebate of certain taxes on motor vehicle fuel paid by certain retailers determined to be operating at a competitive disadvantage to retailers of neighboring states; providing a penalty; and providing other matters properly relating thereto.

    Senator McGinness moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Senators Neal and Amodei:

    Senate Bill No. 344—AN ACT relating to the Nevada Highway Patrol; requiring the Director of the Department of Personnel to calculate the average salaries of certain law enforcement personnel; requiring the proposed budget of the Department of Public Safety to include salaries for officers of the Nevada Highway Patrol which are based on those calculations; making appropriations to increase the salaries of the officers of the Nevada Highway Patrol; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Nolan and Hardy:

    Senate Bill No. 345—AN ACT relating to public employees’ retirement; directing the Public Employees’ Retirement System to report certain payments as disability benefits where allowed by federal law; and providing other matters properly relating thereto.

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

    Motion carried.

    Senator Raggio moved that the Senate recess subject to the call of the Chair.

    Motion carried.

    Senate in recess at 5:02 p.m.

SENATE IN SESSION

    At 5:15 p.m.

    President Hunt presiding.

    Quorum present.

    By Senators Nolan and Hardy:

    Senate Bill No. 346—AN ACT relating to state financial administration; requiring the Department of Personnel to increase the level of compensation of investigators in the Office of the Attorney General and law enforcement positions in the Division of Wildlife of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Government Affairs:

    Senate Bill No. 347—AN ACT relating to local government; providing for the creation and administration of incorporated towns; 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 Senator Rawson:

    Senate Bill No. 348—AN ACT relating to property transactions; requiring certain lenders to meet with borrowers to execute loan documents before transmitting the executed documents to a title insurer, title agent or escrow officer; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rawson:

    Senate Bill No. 349—AN ACT relating to problem gambling; creating the Board to Certify Counselors on Problem Gambling; establishing the powers and duties of the Board; requiring persons who provide gambling counseling to be certified by the Board; creating the Fund to Support Programs for the Prevention and Treatment of Problem Gambling; requiring a course of study for pupils; making an appropriation; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rawson:

    Senate Bill No. 350—AN ACT relating to dentists; authorizing a dentist licensed to practice dentistry in this state who holds a medical degree to identify himself by that degree under certain circumstances; and providing other matters properly relating thereto.

    Senator Rawson 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. 351—AN ACT relating to professions; declaring the practice of counseling compulsive gamblers to be a learned profession; requiring persons who counsel compulsive gamblers to be licensed or certified by the Board of Examiners for Alcohol and Drug Abuse Counselors; requiring the Board to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rawson:

    Senate Bill No. 352—AN ACT relating to public health; designating the Nevada Cancer Institute as the official cancer institute of the State of Nevada; making an appropriation; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rawson:

    Senate Bill No. 353—AN ACT relating to taxes on retail sales; clarifying the requirements for determining whether a charitable organization qualifies for an exemption from such taxes; and providing other matters properly relating thereto.

    Senator Rawson moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By the Committee on Transportation:

    Senate Bill No. 354—AN ACT relating to property; providing that a final map for a subdivision must not be approved unless the subdivider grants certain easements for use by community antenna television companies; providing exceptions; and providing other matters properly relating thereto.

    Senator Shaffer moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Transportation:

    Senate Bill No. 355—AN ACT relating to recreational vehicles; extending under certain circumstances the coverage of provisions relating to franchises for motor vehicles to include recreational vehicles designed to be mounted upon or drawn by a motor vehicle; providing a penalty; and providing other matters properly relating thereto.

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

    Motion carried.


    By the Committee on Transportation:

    Senate Bill No. 356—AN ACT relating to traffic laws; revising the penalty for certain violations concerning vehicles with loads on highways; 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. 357—AN ACT making appropriations to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada Office of the Nevada Humanities Committee and for the creation of a Nevada Online Encyclopedia; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Titus, Wiener, Care, Schneider and Coffin:

    Senate Bill No. 358—AN ACT relating to land use planning; limiting certain powers of planning and zoning that may be exercised by local governments within certain enumerated lands adjacent to the Red Rock Canyon National Conservation Area; providing certain exceptions; providing for the residents of Clark County to vote on an advisory question to determine whether such limitations should continue in effect; and providing other matters properly relating thereto.

    Senator Titus moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senators Titus, Wiener, Schneider, Care and Mathews:

    Senate Bill No. 359—AN ACT relating to the display of the flag of the United States; providing that the governing body of a local government may not take any action to prohibit an owner of real property from engaging in the display of the flag on his property; providing that covenants, conditions and restrictions relating to real property are void and unenforceable to the extent that they prohibit an owner of real property from engaging in the display of the flag on his property; providing that executive boards of common-interest communities and landlords may not prohibit a unit’s owner or tenant, as applicable, from engaging in the display of the flag within that portion of the common-interest community, premises or manufactured home lot that the unit’s owner or tenant has a right to occupy and use exclusively; providing that a local government employer may not prohibit an employee from engaging in the display of the flag; providing for the payment to a prevailing party of reasonable attorney’s fees and costs incurred to pursue certain legal actions; and providing other matters properly relating thereto.

    Senator Titus moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By Senators Titus, Neal, Care, Coffin, Mathews, Schneider, Wiener and Assemblyman Williams:

    Senate Bill No. 360—AN ACT relating to peace officers; requiring the Attorney General to conduct an annual study of traffic stops for the purpose of discovering instances of racial profiling and to report his findings to the Legislature; requiring the Attorney General, in cooperation with affected law enforcement agencies, to develop criteria for the identification of specific acts of racial profiling; requiring training for awareness and prevention of racial profiling in connection with the certification and recertification of peace officers; requiring the Department of Motor Vehicles to disseminate certain information regarding racial profiling; 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 and Assemblywoman Buckley:

    Senate Bill No. 361—AN ACT relating to the Legislature; requiring the disclosure of the name of each Legislator who requests the preparation of a legislative measure on the list of requests prepared by the Legislative Counsel; and providing other matters properly relating thereto.

    Senator Titus moved that the bill be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By Senators Titus and Care:

    Senate Bill No. 362—AN ACT relating to transportation; requiring the Legislative Auditor to conduct an audit of the Las Vegas Monorail Company; and providing other matters properly relating thereto.

    Senator Titus moved that the bill be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By Senator Titus:

    Senate Bill No. 363—AN ACT relating to regulation of motor vehicles; exempting electric personal assistive mobility devices from regulation as motor vehicles; including persons on such devices or in wheelchairs within the definition of “pedestrian” for the purposes of traffic laws; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Townsend, O'Connell, Schneider and Titus:

    Senate Bill No. 364—AN ACT relating to professions; creating a new chapter which provides certain provisions that are applicable to all regulatory bodies that regulate occupations or professions in title 54 of NRS; requiring regulatory bodies that regulate certain professions, occupations and businesses to maintain the confidentiality of certain records and proceedings relating to investigations under certain circumstances; requiring those regulatory bodies to make certain records and proceedings public under certain circumstances; requiring those regulatory bodies to hold a public meeting to discuss and approve the terms of certain consent agreements before entering into those agreements; creating an exception to such requirement; requiring any reprimand issued by those regulatory bodies to be public; 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 Senators Townsend and Raggio:

    Senate Bill No. 365—AN ACT relating to the Legislature; naming the Legislative Building after former Senator Lawrence E. Jacobsen; and providing other matters properly relating thereto.

    Senator Townsend moved that the bill be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 366—AN ACT relating to occupational education; establishing a program to award grants of money to school districts for classes in agriculture and natural resource sciences at the secondary level; requiring a school district that receives such a grant to provide matching money equal to the amount of the grant; providing exceptions to the requirement of matching money; requiring the State Board for Occupational Education to adopt regulations governing the awarding and distribution of such grants; making an appropriation; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 367—AN ACT making an appropriation to the University and Community College System of Nevada for the design of an electrical and industrial technology building on the campus of the Great Basin College; and providing other matters properly relating thereto.


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

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 368—AN ACT relating to the State Legislature; providing for the reimbursement of Legislators for certain travel expenses incurred during the legislative interim; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 369—AN ACT relating to water; providing that the term “water” includes snow for the purposes of adjudicating vested water rights for watering livestock and appropriating public waters for watering livestock; setting forth the meaning of point or place of diversion for the use of water for watering livestock; and providing other matters properly relating thereto.

    Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 370—AN ACT relating to taxation; authorizing a board of county commissioners to impose an additional tax on the transfer of real property; requiring the proceeds of the tax to be used for the control of invasive species; requiring the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the control of invasive species; and providing other matters properly relating thereto.

    Senator Rhoads moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By Senator Schneider:

    Senate Bill No. 371—AN ACT relating to real property; creating the Constructional Defect Commission; providing for its membership; setting forth the duties of the Commission; conferring exclusive jurisdiction upon the Commission to determine claims or causes of action for constructional defects; providing exceptions; requiring a claimant to provide certain notices and allow a contractor a reasonable opportunity to repair a constructional defect before presenting a claim involving the constructional defect to the Commission; setting forth the manner in which a complaint must be presented to the Commission; requiring the Commission to hear a claim of a constructional defect within a certain period; authorizing the Commission to require a contractor to repair a constructional defect under certain circumstances; limiting the period during which an action for the recovery of damages for a constructional defect may be commenced; requiring certain persons to complete a course of instruction in constructional defects as a condition for the renewal or reinstatement of a license or certificate; prohibiting the exclusion of a public officer from a meeting of a unit-owners’ association under certain circumstances; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Schneider:

    Senate Bill No. 372—AN ACT relating to cosmetology; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; eliminating the authority of the State Board of Cosmetology to inspect cosmetological establishments; requiring a city, county or district board of health to inspect cosmetological establishments and report any violations to the State Board of Cosmetology; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Schneider:

    Senate Bill No. 373—AN ACT relating to intoxicating liquor; revising certain provisions governing the importation of liquor; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Schneider:

    Senate Bill No. 374—AN ACT relating to public welfare; prohibiting a Medicaid fee-for-service program that provides coverage for prescription drugs from taking certain actions concerning the provision or coverage of prescription drugs; requiring the Department of Human Resources to submit a biennial report to the Legislature concerning the provision of coverage for prescription drugs by a Medicaid fee-for-service program; and providing other matters properly relating thereto.

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

    Motion carried.


    By Senator Schneider:

    Senate Bill No. 375—AN ACT relating to physicians; revising the provisions governing the authority of certain physicians to possess, prescribe, administer and dispense controlled substances, dangerous drugs and other drugs; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Washington:

    Senate Bill No. 376—AN ACT relating to education; establishing the Program of Voucher Schools to be administered by the Department of Education; authorizing certain private schools to apply to the Department of Education for certification as voucher schools; authorizing certain pupils to apply to the Department of Education to participate in the Program; authorizing the Department to request reimbursement from a voucher school for certain costs associated with administering the voucher school; revising provisions governing the apportionments of money from the State Distributive School Account to provide for the payments of money for pupils who are enrolled in voucher schools; authorizing the parents and guardians of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Washington:

    Senate Bill No. 377—AN ACT making an appropriation to the State Department of Agriculture for the construction of a drift fence in Palomino Valley; 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 Judiciary:

    Senate Bill No. 378—AN ACT relating to insurance; revising provisions relating to the notice that must be provided when an insurer cancels or refuses to renew a policy of insurance issued to a common-interest community; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Senate Bill No. 379—AN ACT relating to personal identifying information; prohibiting the public display of certain personal identifying information under certain circumstances and providing certain remedies; providing that a consumer may place a security alert or security freeze in certain files maintained by a reporting agency; providing for certain requirements and procedures relating to a security alert or security freeze; requiring a reporting agency to maintain a toll-free phone number for certain purposes; requiring a reporting agency to make certain disclosures in certain circumstances; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Amodei:

    Senate Bill No. 380—AN ACT making an appropriation to Lyon County for the purchase of Odeon Hall and Saloon, a historic building located in Dayton, Nevada; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 381—AN ACT relating to state finances; authorizing a state agency to retain a portion of its unexpended budget that is identified as savings under certain circumstances; authorizing the use of that portion of the savings for training of employees and equipment purchases; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Amodei, Care, Schneider, Cegavske, Nolan, O'Connell, Rhoads, Shaffer, Tiffany and Washington:

    Senate Bill No. 382—AN ACT relating to public financial administration; imposing a tax on the admission charge to a place where entertainment is provided; imposing a tax for the privilege of providing certain services in this state; revising the taxes on liquor, cigarettes and the privilege of conducting business in this state; increasing various fees collected by the Secretary of State; imposing a state tax on the rental of transient lodging; revising the formula for calculating the limit upon total proposed expenditures from the State General Fund for purposes other than construction; revising the fees charged for certain gaming licenses; providing penalties; and providing other matters properly relating thereto.

    Senator Amodei moved that the bill be referred to the Committee on Taxation.

    Motion carried.


    By Senator Shaffer:

    Senate Bill No. 383—AN ACT relating to protection of children; providing that any person who is employed by or serves as a volunteer for an entity that provides organized activities for children is required to report to certain authorities when child abuse or neglect is suspected; increasing the penalty for not reporting suspected child abuse or neglect when a duty exists to provide such a report; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Shaffer (by request):

    Senate Bill No. 384—AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to establish a program to contract with persons to provide certain services relating to the registration of motor vehicles otherwise required to be provided by the Department; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 385—AN ACT relating to taxation; increasing the tax on the transfer of real property; requiring the deposit of the proceeds collected from the increase in the State General Fund; and providing other matters properly relating thereto.

    Senator Rawson moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 386—AN ACT relating to health care; expanding the rights of patients of certain health care facilities to certain visitation privileges; providing that a person may designate certain other persons to make anatomical gifts or order the burial or cremation of the human remains of the person upon death; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Titus:

    Senate Bill No. 387—AN ACT relating to drugs; revising provisions relating to the substitution of generic drugs for drugs prescribed by brand name; requiring a manufacturer of drugs to report to the State Board of Pharmacy any gifts or other economic benefits provided by the manufacturer to certain practitioners and administrators of health care facilities and plans; providing civil penalties; 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 Amodei:

    Senate Bill No. 388—AN ACT relating to industrial insurance; providing for an increase in the compensation paid for a permanent total disability to adjust for past increases in the average monthly wage; providing for an annual increase in the compensation paid for a permanent total disability to adjust for future increases in the average monthly wage on an ongoing basis; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator O'Connell:

    Senate Bill No. 389—AN ACT relating to regulated professions; making the Attorney General the exclusive legal counsel for certain occupational boards and commissions and providing exceptions thereto; enacting provisions governing certain employment practices of the Board of Medical Examiners; establishing and revising various powers and duties of the Board of Medical Examiners; providing the Board of Medical Examiners with the power to waive requirements for licensure under certain circumstances; limiting the power of the Board of Medical Examiners to revoke licenses; revising the requirements for a special volunteer medical license; removing certain restrictions relating to the practice of medicine; requiring performance audits of the Board of Medical Examiners and the State Board of Osteopathic Medicine; creating the Critically Impacted Medical Specialties Subsidy Fund; imposing fees on certain physicians and hospitals for the benefit of the Subsidy Fund; providing for the distribution of subsidies to certain physicians to pay or defray the cost of their malpractice insurance under certain circumstances; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Senator Cegavske:

    Senate Bill No. 390—AN ACT relating to education; requiring the persons who serve on the Commission on Professional Standards in Education as teachers to hold certification issued by the National Board for Professional Teaching Standards; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senators Nolan, Rhoads, Schneider, Shaffer, Washington; Assemblymen Atkinson, Geddes, Hardy, Horne, McCleary, Mortenson and Weber:

    Senate Bill No. 391—AN ACT relating to the State Legislature; providing for the payment from the Legislative Fund of a stipend to a Legislator if the income of the Legislator was reduced as the result of the service of the Legislator during a regular session of the Legislature; providing for the payment by the Legislative Counsel Bureau of the cost of postage for mailing copies of certain written communications from a Legislator to his constituents; and providing other matters properly relating thereto.

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

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 17.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to George Hargrove and Lucy Hargrove.

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Brenda Marion.

    Senator Raggio moved that the Senate adjourn until Tuesday, March 18, 2003, at 11 a.m. and that it do so in memory of Kit Waldman, aunt of Senator Wiener, and Patricia Murphy, mother of Senator Carlton.

    Motion carried.

    Senate adjourned at 5:46 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate