THE SIXTY-SIXTH DAY
Carson City (Wednesday), April 9, 2003
Senate called to order at 11:06 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.
Heavenly Father, in You we live, move and have our being. We
thank You for our lives, for Your patience and for Your love. We ask that You
will guide each Senator in all decisions and actions to be taken by the Senate,
here, today. We also ask Your protection for each and every man and woman
serving in the military who are protecting us and the freedom each of us
enjoys.
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 Commerce and Labor, to which were referred Senate Bills Nos. 93,
422, 423, 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 Finance, to which was referred Senate Bill No. 439, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
William J. Raggio, Chairman
Madam
President:
Your
Committee on Government Affairs, to which were referred Senate Bills Nos. 53,
143, 176, 262, 280, 309, 392, has had the same under consideration, and begs
leave to report the same back with the recommendation: Amend, and do pass as
amended.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which were referred Senate
Bills Nos. 412, 459, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Also,
your Committee on Human Resources and Facilities, to which was referred Senate
Bill No. 179, 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
Madam
President:
Your
Committee on Judiciary, to which was referred Senate Bill No. 435, 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. 206, 299,
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 Legislative Affairs and Operations, to which were referred Senate
Bill No. 365; Senate Joint Resolution No. 7, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Do pass.
Maurice E. Washington, Chairman
Madam
President:
Your
Committee on Transportation, to which were referred Senate Bills Nos. 363, 478,
481, 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 were referred Senate Bills Nos. 99,
192, 322, 355, 479, 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 7, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 30, 77, 78, 95, 107, 322, 336.
Waivers
and Exemptions
Notice
of Exemption
April 9, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of: Senate
Bills Nos. 292, 376, 455, 462, 480, 492.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved to change the introducers of Senate Bill No. 100 from Senators Schneider, O'Connell and Cegavske to the Senate Committee on Commerce and Labor.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 78.
Bill read third time.
Remarks by Senator Tiffany.
Roll call on Senate Bill No. 78:
Yeas—21.
Nays—None.
Senate Bill No. 78 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 94.
Bill read third time.
Roll call on Senate Bill No. 94:
Yeas—16.
Nays—Care, Carlton, Neal, Schneider, Titus—5.
Senate Bill No. 94 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 116.
Bill read third time.
Remarks by Senators Neal, Nolan, Coffin and Titus.
Roll call on Senate Bill No. 116:
Yeas—19.
Nays—Coffin, Neal—2.
Senate Bill No. 116 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 300.
Bill read third time.
Roll call on Senate Bill No. 300:
Yeas—21.
Nays—None.
Senate Bill No. 300 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 465.
Bill read third time.
Roll call on Senate Bill No. 465:
Yeas—20.
Nays—None.
Not Voting—Neal.
Senate Bill No. 465 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 467.
Bill read third time.
Roll call on Senate Bill No. 467:
Yeas—21.
Nays—None.
Senate Bill No. 467 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 469.
Bill read third time.
Remarks by Senator McGinness.
Roll call on Senate Bill No. 469:
Yeas—21.
Nays—None.
Senate Bill No. 469 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 470.
Bill read third time.
Roll call on Senate Bill No. 470:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Senate Bill No. 470 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 53 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 30.
Senator McGinness moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 77.
Senator McGinness moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 78.
Senator McGinness moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 95.
Senator McGinness moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 107.
Senator McGinness moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 322.
Senator McGinness moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 336.
Senator McGinness moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 62.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 52.
Amend section 1, page 1, by deleting lines 2 and 3 and inserting: “thereto a new section to read as follows:
1. In the most timely manner practicable after
receiving a written request for an electronic version of instructional material
from a student with a print access disability, an institution shall provide to
the student, at no cost, an electronic version of each requested instructional
material that the institution determines is essential to the success of the
student in a course of study offered by an institution of the System in which
the student is enrolled.
2. If an institution receives a request for an
electronic version of nonprinted instructional material from a student pursuant
to subsection 1 to whom the institution would be required to provide an
electronic version of the material pursuant to subsection 1 and an electronic
version of the nonprinted instructional material is not currently available at
the institution or at another institution of the System, the institution must
contact the publisher of the nonprinted instructional material and request an electronic
version of the nonprinted instructional material. If the publisher:
(a) Has
an electronic version of the nonprinted instructional material, the publisher
must provide the electronic version to the institution for distribution to the
student; or
(b) Does
not have an electronic version of the nonprinted instructional material, the
institution must create and provide to the student an electronic version in the
most timely manner practicable after the institution is notified by the
publisher that the publisher does not have an electronic version of the
nonprinted instructional material.
3. As used in this section:
(a) “Institution”
means any university, state college or community college within the System.
(b) “Instructional
material” means any published textbook and other published material that is
used by students of the System. The term does not include nontextual
mathematics and science materials unless, as determined by the Board of
Regents, such materials are commercially available in a format that is
compatible for use with equipment which is used by students of the System with
print access disabilities to convert material into a format that provides them
with the ability to have increased independent access to the material. The term
includes, without limitation, nonprinted instructional material.
(c) “Nonprinted
instructional material” means instructional material that is in a format other
than print. The term does not include a website or Internet link that is
associated with instructional material. The term includes, without limitation,
instructional material that requires electronic equipment other than a computer
or computer peripheral for the material to be used as a learning resource, such
as a software program, videodisc, videotape and audiotape.
(d) “Print access disability” means a condition in which a person’s independent reading of, reading comprehension of, or visual access to printed material is limited or reduced because of a sensory, neurological, cognitive, physical or psychiatric disability.”.
Amend the bill as a whole by deleting sections 2 through 12.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, Congress, in passing the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, guaranteed Americans with disabilities access to public buildings and services and guaranteed reasonable accommodations to qualified students with disabilities; and
Whereas, In the 1995-1996 school year, approximately 6 percent of undergraduate students in the United States reported that they had a disability; and
Whereas, Print access disabilities present a significant disadvantage to students with such disabilities; and
Whereas, Improving the educational results of students with disabilities who are enrolled in postsecondary educational institutions is an essential mission of this state; and
Whereas, Ensuring opportunities for and the full participation of students with disabilities in higher education is a top priority in this state; and
Whereas, The State of Nevada and the University and Community College System of Nevada are dedicated to providing a quality postsecondary education to students with disabilities that meets the unique needs of such students; and
Whereas, The State of Nevada and the University and Community College System of Nevada are committed to working with publishers and other resources to ensure that students with disabilities receive instructional material in a timely manner and in a comprehensible format; and
Whereas, It is the policy of the State of Nevada that each textbook and other instructional material for higher education must be provided to students with disabilities in a comprehensible format when such a version of the textbook or other instructional material exists; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to the University and Community College System of Nevada; requiring an institution within the University and Community College System of Nevada to provide electronic versions of instructional materials to students with print access disabilities under certain circumstances; requiring a publisher of such materials to provide the materials to an institution under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides students with print access disabilities in University and Community College System of Nevada with access to electronic versions of instructional materials under certain circumstances. (BDR 34-114)”.
Senator Cegavske moved the adoption of the amendment.
Remarks by Senator Cegavske.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 135.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 161.
Amend sec. 3, page 3, line 24, by deleting: “a trophy animal or”.
Amend sec. 3, page 3, by deleting lines 34 through 44.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 149.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 183.
Amend
section 1, page 2, line 4, by deleting “in
areas” and inserting: “in:
(a) Areas”.
Amend section 1, page 2, line 6, by deleting
“public.” and inserting: “public; or
(b) Official mailings that the Department sends to the public.”.
Amend section 1, page 2, line 8, by deleting “this section” and inserting: “paragraph (a) of subsection 1”.
Amend section 1, page 2, line 12, by
deleting: “to this section” and
inserting: “to:
(a) Paragraph (a) of subsection 1”.
Amend section 1, page 2, between lines 14 and 15, by inserting:
“(b) Paragraph (b) of subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund to be used to offset operational expenses incurred by the Department.”.
Amend section 1, page 2, line 16, after “pursuant to” by inserting: “paragraph (a) of”.
Amend the title of the bill, tenth line, after “education;” by inserting: “authorizing the Director to enter into an agreement with a private entity for the placement of advertisements in official mailings sent to the public; requiring that the proceeds from such advertisements be used to offset operational expenses incurred by the Department;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes Director of Department of Motor Vehicles to enter into agreements with private entities for certain placements of advertisements. (BDR 43‑765)”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 172.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 162.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 554.085 is hereby amended to read as follows:
554.085 1. [The State
Quarantine Officer shall adopt regulations specifying a schedule of
administrative fines which may be imposed, upon notice and a hearing, for each
violation of the provisions of NRS 554.020 to 554.090, inclusive, or the
regulations adopted pursuant thereto. The maximum fine that the State
Quarantine Officer may impose] In
addition to any criminal penalty that may be imposed pursuant to NRS 554.090,
any corporation, common carrier, agent or employee of any corporation, or any
other person violating or assisting in violating any of the provisions of
NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant
thereto, is liable for a civil penalty for each violation [may] not to exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
2. If a defendant is convicted of violating any
of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation
adopted pursuant thereto, the court shall order the defendant to pay a civil
penalty pursuant to subsection 1. The court shall fix the manner and time of
payment.
3. All [fines collected by the State
Quarantine Officer] penalties
collected pursuant to this section must be deposited with the State
Treasurer for credit to the State General Fund.
[2. The State Quarantine Officer may:
(a) In addition to imposing an
administrative fine pursuant to this section, issue an order requiring a
violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the
appropriate county to investigate or file a criminal complaint against any
person that the State Quarantine Officer suspects may have committed flagrant
or repeated violations of any provision of NRS 554.020 to 554.090, inclusive.
3. The State Quarantine Officer shall adopt such regulations as are
necessary to provide for adequate notice and conduct of a hearing required by
this section.]”.
Amend sec. 22, page 6, by deleting lines 6 through 14 and inserting:
“(f) A
garden club or charitable nonprofit association conducting sales of nursery
stock, provided that the garden club or nonprofit association has applied for
and received a permit from the Director to conduct such sales. The Department
shall not charge a fee for such a permit.
(g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.”.
Amend sec. 24, page 7, by deleting lines 39 and 40 and inserting: “annual fees for licenses.”.
Amend sec. 25, page 8, by deleting line 7
and inserting: “of a penalty [of $10.]”.
Amend sec. 25, page 8, line 13, by deleting
“license.] the” and inserting
“license.]”.
Amend sec. 25, page 8, by deleting lines 14 and 15 and inserting: “fee established by regulation of the State Board of Agriculture. Such a penalty fee must not exceed $200.”.
Amend the title of the bill to read as follows:
“AN ACT relating to agriculture; deleting provisions authorizing the State Quarantine Officer to impose certain administrative penalties; providing civil penalties for violations of interstate quarantines; providing for the automatic suspension of licenses to engage in pest control under certain circumstances; revising provisions governing pests and plant diseases; making various changes concerning the regulation and licensing of dealers of nursery stock; providing for the issuance of permits for occasional sales of nursery stock; authorizing the State Board of Agriculture to adopt regulations establishing certain license fees and penalty fees; providing for the payment of costs of corrective actions ordered by the Director of the State Department of Agriculture; revising provisions governing inspections and shipments of nursery stock; revising certain exemptions from the licensing requirements relating to pest control; eliminating the grace period for renewing licenses to perform pest control; changing the Noxious Weed and Insect Pest Control Program to the Program for the Control of Pests and Plant Diseases; and providing other matters properly relating thereto.”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 281.
Bill read second time and ordered to third reading.
Senate Bill No. 288.
Bill read second time and ordered to third reading.
Senate Bill No. 378.
Bill read second time and ordered to third reading.
Senate Bill No. 397.
Bill read second time and ordered to third reading.
Senate Bill No. 433.
Bill read second time and ordered to third reading.
Senate Bill No. 437.
Bill read second time and ordered to third reading.
Senate Bill No. 476.
Bill read second time and ordered to third reading.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Sierra Sneed, Megan Waskiewicz and Richard Wiggins.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Naomi Dimartino and Ashlee Hicks.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Smithridge Elementary School: Pedro Alvarez, Edgar Anguiano, Luz Barajas, Johana Cervantes, Ana Karen Cholico, Mayra Del Carmen Corona, Priscilla DeLaVega, Hector Echeverria, Andy Hernandez, Brandon Jacoby, Amanda Keefer, Diana Lara, Jesus Lopez, Eric Morales, Maria Prado, Cinthia Ramirez, Jehovani Ruiz, Melanie Salem, Joel Soto, Tatiana Tirona, Alvaro Trujillo, Edward Wrubel, Jing Yang, Cynthia Acosta, Eduardo Anguiano, Lilia Barajas, Michelle Batson, Thomas Estrada, Daron Franklin, Maria Gomez, Aaron Hernandez, Alejandro Hernandez, Robert Martindale, Wendy Mendez, Jair Montes, Justin Nelson, Linda Perez, Evan Prospero Vargas, Ericka Salgado, Estefania Sanchez, Aron Sapien, Janet Segura, John Shine, Katrina Talanoa, Michael Valencia, Bernard Barcega, Eric Beltejar, Jasnique Body, Vanessa Castaneda, Elizabeth Castillo, Cheryl Contreras, Joaquin Cordova, Zerafin Cortez, Miguel Garibay, Leo Gumabo, Lilian Haro, Ashley Herzberg, Neil Lockhart, Alan Lopez, Wendy Mederos, Eduardo Mendoza, Victor Mendoza, Ashley Minera, Oscar Salgado Guzman, Jose Segura Saldana, Robert Sinclair, Kera Sparks, Roxana Vera, Sara Castillo, Lizeth Chiriboga, Victor Duran, Rachel Eamigh, Norberto Garcia, Alejandra Gaspar, Jenica Gonzales, Gabriela Gonzalez, Raul Gonzalez, Daniela Guajardo, Josue Guevara, Jesus Infante, Kevin Lemus, Anthony Lopez, Ricardo Mederos, Gloria Olivera, Pisal Pornpaladisai, Edwin Santiago, Tyler Smith, Iliana Victorio, Jesus Villa, Areli Zamudio; teachers: Carrie Hunter, Lana Eng and Mischon Boucher.
Senator Amodei moved that the Senate adjourn until Friday, April 11, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 11:52 a.m.
Approved: Loraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate