THE SIXTY-FOURTH DAY
Carson City (Monday), April 7, 2003
Senate called to order at 11:13 a.m.
President pro Tempore Amodei presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Bruce Henderson.
Father, we are here. Our countrymen and women are on the other
side of the globe. We slept on mattresses last night. If they slept, they slept
on the sand, under tanks or in a hole. Political pundits take potshots at us.
Enemies take mortar shots at them. We are prisoners of a legislative calendar.
They are prisoners of war. We are called to lay out some of our time. They are
called to lay down their lives. We feel that we have become embedded in this
building. They are embedded in a cause. As we ask You to be with us, please be
with them first. And, God, bless America. Thank You.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Mr. President
pro Tempore:
Your
Committee on Commerce and Labor, to which were referred Senate Bills Nos. 281,
437, has had the same under consideration, and begs leave to report the same
back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Mr. President
pro Tempore:
Your
Committee on Human Resources and Facilities, to which was referred Senate Bill
No. 62, has had the same under consideration, and begs leave to report the
same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Mr. President
pro Tempore:
Your
Committee on Judiciary, to which were referred Senate Bills Nos. 378, 397, 433,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Do pass.
Mark E. Amodei, Chairman
Mr. President
pro Tempore:
Your
Committee on Natural Resources, to which were referred Senate Bills Nos. 135,
172, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Mr. President pro Tempore:
Your
Committee on Transportation, to which were referred Senate Bills Nos. 288, 476,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Do pass.
Also,
your Committee on Transportation, to which was referred Senate Bill No. 149,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Amend, and do pass as amended.
Raymond C. Shaffer, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, April 4, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bills Nos. 328, 361, 402, 456, 520.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 58, 70, 83, 144, 315, 409.
Waivers
and Exemptions
Notice
of Exemption
April 7, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of: Senate Bills
Nos. 46, 94, 229, 268, 321, 341, 346, 360, 371, 382, 389, 404, 428, 438, 447,
464.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 19.
Senator O'Connell moved the adoption of the resolution, as amended.
Remarks by Senator Washington.
Resolution adopted, as amended.
Resolution ordered transmitted to the Assembly.
Senator Nolan moved that Senate Bill No. 116 be taken from the Secretary's desk and placed on the bottom of the Second Reading File.
Motion carried.
Senator Raggio moved that the following person be accepted as an accredited press representative, and that he be assigned space at the press table and allowed the use of appropriate media facilities: INTERNET ADVANTAGE, INC.: Roger Scimi.
Motion carried.
Senator Mathews moved that Assembly Bill No. 53 be taken from the Secretary's desk and placed on the General File for the next legislative day.
Remarks by Senator Mathews.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 58.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 70.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 83.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 144.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 315.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 328.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 361.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 402.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 409.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 456.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 520.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 94.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 53.
Amend section 1, page 2, line 36, by deleting “medical facilities” and inserting: “type of medical facility”.
Amend sec. 2, page 3, between lines 16 and 17, by inserting:
“4. A person,
including, without limitation, a private agency or an employee of a private
agency is immune from civil liability based upon any act or failure to act by
the person in carrying out the provisions of this section, unless the act or
failure to act was the result of the gross negligence or intentional or
reckless misconduct of the person.
5. As used in this section, “secure detoxification unit” includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.”.
Amend sec. 6, page 4, line 26, after “458.097” by inserting “1.”.
Amend sec. 6, page 4, line 32, by deleting
“1.” and inserting “[1.] (a)”.
Amend sec. 6, page 4, line 38, by deleting
“2.” and inserting “[2.] (b)”.
Amend sec. 6, page 4, line 39, by deleting “(a)” and inserting “(1)”.
Amend sec. 6, page 4, line 42, by deleting “(b)” and inserting “(2)”.
Amend sec. 6, page 5, line 1, by deleting
“3.” and inserting “[3.] (c)”.
Amend sec. 6, page 5, between lines 2 and 3, by inserting:
“2. As used in this section, “secure detoxification unit” has the meaning ascribed to it in section 2 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. This bill becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health; requiring under certain circumstances that an allegedly mentally ill person be admitted to a medical facility other than a hospital before his emergency admission to a mental health facility; requiring the Division of Mental Health and Developmental Services of the Department of Human Resources to adopt regulations prescribing the appropriate type of medical facility; authorizing peace officers to deliver certain persons found in any public place under the influence of a controlled substance to certain facilities for observation and care; providing for the medical treatment of certain persons who are under the influence of a controlled substance who are arrested or taken into custody by a peace officer; providing that persons involved in certain acts relating to persons who are under the influence of a controlled substance who are arrested or taken into custody are immune from civil liability under certain circumstances; and providing other matters properly relating thereto.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 300.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 195.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend the bill as a whole by deleting sections 7 and 8 and renumbering sec. 9 as sec. 6.
Amend the title of the bill, fourth through sixth lines, by deleting: “increasing the number of members of the Advisory Board for the Nevada Task Force for Technological Crime;”.
Senator Washington moved the adoption of the amendment.
Remarks by Senators Washington and Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 465.
Bill read second time and ordered to third reading.
Senate Bill No. 467.
Bill read second time and ordered to third reading.
Senate Bill No. 469.
Bill read second time and ordered to third reading.
Senate Bill No. 470.
Bill read second time and ordered to third reading.
Senate Bill No. 116.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 193.
Amend section 1, page 2, by deleting lines 12 through 21 and inserting:
“(2) In another manner
that is approved by the National Highway Traffic Safety Administration.
2. A
person who violates the provisions of subsection 1 shall be :
(a) Required
to complete a program of training conducted by a person or agency approved by
the court in the installation and use of child restraint systems; and
(b) Except
as otherwise provided in this paragraph, punished by a fine of not less
than [$35] $50 nor more than [$100
unless, within 14 days after the issuance of the citation for such a violation,
the person presents to the court specified in the citation proof of his
purchase of such a restraining device. Upon presentation of such proof, the
court shall void the citation.] $500,
or required to perform not less than 8 hours nor more than 50 hours of
community service. The court may waive any amount of the fine in excess of $50
or any amount of the community service in excess of 8 hours if a person or
agency approved by the court certifies that the violator has:
(1)
Completed the program of training required by paragraph (a); and
(2)
Presented for inspection by the person or agency an installed child restraint
system that satisfies the provisions of subsection 1.
The court shall make available a list of persons and agencies approved by the court to conduct programs of training and perform inspections of child restraint systems.”.
Amend sec. 2, page 3, line 15, by deleting
“6,000” and inserting “[6,000] 10,000”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective on June 1, 2004.”.
Amend the title of the bill, seventh line, after “fine” by inserting: “or a requirement to perform community service”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senators Nolan and Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 15.
Bill read third time.
Roll call on Senate Bill No. 15:
Yeas—18.
Nays—Coffin, O'Connell, Tiffany—3.
Senate Bill No. 15 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 16.
Bill read third time.
Remarks by Senators Coffin and Care.
Roll call on Senate Bill No. 16:
Yeas—20.
Nays—Neal.
Senate Bill No. 16 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 24.
Bill read third time.
Remarks by Senators Carlton, Coffin and Neal.
Senator Carlton requested that the following remarks be entered in the Journal.
Senator Carlton:
The intent of Senate Bill No. 24 is to ensure that
the law is clear in that the personal representatives of the estate of a
deceased person and the parents or guardians of a deceased minor child have
access to the medical records of those deceased persons.
By
making the law clear on this point, we are removing any doubt or confusion that
hospitals or medical providers may have regarding which persons may lawfully
have access to the medical records of a deceased person. This will remedy the
situation where internal policies concerning access to the medical records of a
deceased person vary from hospital to hospital and among medical providers.
With
a clear statement in the law, hospitals and medical providers, as well as those
who are lawfully entitled to have access to the medical records of a deceased
person, will understand their rights and responsibilities without confusion or
uncertainty.
In achieving this goal, Senate Bill No. 24 has been drafted so
that it does not exceed the limitations imposed by federal law under the Health
Insurance Portability and Accountability Act. The provisions of this bill are
not intended to interfere with the privacy rights established by federal law.
Rather, the purpose of Senate Bill No. 24 is to place an express statement in
the law that protects the rights of those persons who are entitled under both
federal and state law to have access to the medical records of a deceased
person.
Senator Coffin:
Thank you, Mr. President pro Tempore. I want to make
certain that records including photographs of the deceased and autopsy
photographs are not included in these records. May I have an explanation or an answer
for my concern?
Senator Carlton:
I do not remember that being discussed in the
committee hearing. I will yield to the sponsor of the legislation.
Senator Neal:
Mr. President pro Tempore, it was not the intent of
the bill to include those types of documents such as autopsy reports and dead
bodies. It is the intent of the bill to deal with the records of a sick person
as they pertained to the hospital, not autopsy reports or things of that
nature.
Roll call on Senate Bill No. 24:
Yeas—21.
Nays—None.
Senate Bill No. 24 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 78.
Bill read third time.
Remarks by Senators Tiffany and Neal.
Senator Neal moved that Senate Bill No. 78 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Senate Bill No. 181.
Bill read third time.
Roll call on Senate Bill No. 181:
Yeas—21.
Nays—None.
Senate Bill No. 181 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 199.
Bill read third time.
Remarks by Senators Coffin and Care.
Roll call on Senate Bill No. 199:
Yeas—21.
Nays—None.
Senate Bill No. 199 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 236.
Bill read third time.
Roll call on Senate Bill No. 236:
Yeas—21.
Nays—None.
Senate Bill No. 236 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 277.
Bill read third time.
Remarks by Senator Tiffany.
Roll call on Senate Bill No. 277:
Yeas—21.
Nays—None.
Senate Bill No. 277 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 329.
Bill read third time.
Roll call on Senate Bill No. 329:
Yeas—21.
Nays—None.
Senate Bill No. 329 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 394.
Bill read third time.
Roll call on Senate Bill No. 394:
Yeas—21.
Nays—None.
Senate Bill No. 394 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Unfinished
Business
Signing
of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Concurrent Resolution No. 27.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperones and teacher from the Brookfield School: Aubrey Block, Grace Chittenden, Erin Creger, Ashley Crook, Emily Gadbois, Jordan Harloff, Beauttie Kuture, Varun Prasad, Anthony Salerno, Joel Sax, Natasha Shukla, Haley Spector, Aaron Spero, Conner Zundel; chaperones: Susan Crook, Sherri Gadbois, Jennifer Spector, Kenji Sax, Suman Prasad; and teacher: Phyllis Gardner.
Senator Raggio moved that the Senate adjourn until Wednesday, April 9, 2003, at 11 a.m. and that it do so in memory of Joseph Roberts as requested by Senator Cegavske.
Motion carried.
Senate adjourned at 12:07 p.m.
Approved: Mark E. Amodei
President
pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate