NEVADA LEGISLATURE

THE SEVENTY-FIRST DAY

Carson City (Monday), April 14, 2003

Senate called to order at 10:27 a.m.

President Hunt presiding.

Roll called.

All present except Senator Nolan, who was excused.

Prayer by the Chaplain, Pastor Albert Tilstra.

Father, we thank You for the people and the Legislators who make up this great, big State. Thank You for the school children struggling to learn math, for the grocery store clerks stocking the shelves, for the nursing home workers comforting the elderly and for the accountants working to balance the books.

Thank You for the business people who pay their employees a living wage, for the scientists who keep looking for the next breakthrough and for these Legislators who are giving their time away from their families so that this State may be great. Thank You for all the people working every day to do their part to make Nevada and America great.

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 Human Resources and Facilities, to which was referred Senate Bill No. 307, 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 Natural Resources, to which were referred Senate Bills Nos. 419, 484, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

Senate Concurrent Resolution No. 28—Memorializing journalist, distinguished writer and newspaper executive, Rollan Melton.

Whereas, The members of the Nevada Legislature join the family and friends of Rollan Melton in mourning the passing and remembering the life of the man who believed that the chief mission of any good newspaper should be to provide readers with the information necessary to understand their community’s past and present; and

Whereas, Born in Boise, Idaho, on July 24, 1931, Rollan Melton moved with his family from town to town and attended 18 different elementary schools by the time his mother settled in Fallon, Nevada, where Rollan attended high school, played high school football and got a job as an apprentice printer at the Fallon Standard; and

Whereas, The Fallon High School faculty voted to award Rollan a Harold’s Club college scholarship which gave him the opportunity to attend the University of Nevada, Reno, where he continued the dual disciplines of football and journalism that would set him on a course for the remainder of his life; and

Whereas, After his graduation from the University of Nevada, Reno, in 1955, Rollan spent 2 years in the United States Army, during which he was appointed Public Information Officer of the 1st Infantry Division at Fort Riley, Kansas, and was asked to coach the Fort’s football team; and

Whereas, Following his discharge from the Army, Rollan Melton joined the Reno Evening Gazette and became its Sports Editor in 1957, its Promotion Leader following an attempted work stoppage at the newspaper, its Editor by the age of 32 and, with just 9 years in the company, the Publisher of both the Reno Evening Gazette and the Nevada State Journal in 1966; and

Whereas, Rollan’s seemingly insatiable appetite for knowledge and his ability to learn from everyone with whom he worked spurred his career in the world of journalism which continued when Rollan became Vice President of the Speidel Newspaper Group in 1969, was chosen its President just 3 years later, and after Speidel merged with the Gannett newspaper chain in 1977, was named Senior Vice President of Gannett’s Western Division and a Gannett board member; and

Whereas, After only 2 years, Rollan resigned his vice-presidency and returned to Reno to write his popular column in the Reno Gazette-Journal because, as he expressed it in the preface to his book Nevadans, he “yearned to go back to the people and the telling of their stories”; and

Whereas, During his 24 years as a columnist for the Reno-Gazette Journal, Rollan Melton used his wit and love of the people of Nevada to paint story pictures which Robert Laxalt called “a mosaic of the personality, character and attitudes of the true Nevadan” that could only be written by someone “with sensitivity to the state’s people”; and

Whereas, Some of Rollan Melton’s nearly 4,000 newspaper columns are presented again in his books, Nevadans, and 101 Nevada Columns, and these books, along with his autobiographical Sonny’s Story: A Journalist’s Memoir, that relates an American success story of almost mythic proportions, validate his membership in the Nevada Writers’ Hall of Fame, which named him a 2001 Honoree; and

Whereas, Named Distinguished Nevadan in 1979 and inducted into the Nevada Newspaper Hall of Fame in 1998, Rollan Melton will also be remembered for his involvement in philanthropic organizations, which included his generous support of and deep interest in the University of Nevada Oral History Program; and

Whereas, Rollan Melton is survived by his wife Marilyn, his sons, Royle, Wayne and Kevin, his daughter, Emelie Williams, and his grandchildren; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 72nd Session of the Nevada Legislature extend their heartfelt sympathy to the family and friends of Rollan Melton; and be it further

Resolved, That the Rollan Melton Elementary School, which opened in northwest Reno in the fall of 2002, and the Rollan D. Melton Post Office Building, which was named by Public Law 107-267, passed on October 30, 2002, will remind Nevadans of the man who enriched lives with his compassionate and humorous stories of the legends and the unknowns of this state; and be it further

Resolved, That Rollan Melton’s life, in his own words “an against-all-odds trip, from ragamuffin little kid to director on the governing board of one of the premier media corporations of all time,” will encourage everyone who knew him, personally or through his writing, to grow continually toward the potential that is available through preparation and hard work; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his loving wife, Marilyn Melton.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, McGinness, Wiener, Titus and Neal.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

Thank you, Madam President. Today, we recognize a Nevadan who has contributed a great deal to this State. I do not know of anyone who is more deserving of this honor than the late Rollan Melton.

I assume everyone in this Chamber knew Rollan Melton in one capacity or another. I doubt that anyone who knew him as a young boy would believe that we would someday be standing in the Senate of the State of Nevada giving him this type of recognition. He did not seem the type of boy who would grow up to achieve what he did in life. In his book Sonny’s Life, so titled because he was known as “Sonny” to his family, he talked about his poor beginnings. He had a dysfunctional home life as a youngster. He grew up in Idaho, but because of his family’s work, he went through 13 different schools before finally settling in Fallon, Nevada.

He was a unique individual reminding me of Mark Twain and Bret Harte. He had sensitivity, compassion and humor as a writer and as a newspaper person. I do not think he will ever be matched. He was interested in sports having been on the Churchill County High School football team. He spent some time in the service, and then, he returned to Fallon to work on the newspaper. He moved to Reno and became the sports editor in 1957. He was on the Reno Evening Gazette for nearly 50 years in one capacity or another, both on the paper and with the companies who owned the paper. As the paper changed ownership over the years, he achieved higher positions within the company. Ultimately, he became the vice-president, publisher and then president of the Gannett newspaper chain which owns the Reno Gazette-Journal. He also served on its board. He never liked the high life. He had a dignity and a commonality that transcended everything he did. He wrote many wonderful columns. I hope you have an opportunity to read the collection of his columns. He always recognized the little person. He always had something bright and nice to say. I commend his life to some of our media personalities. I never heard him say a bad word about anyone, not even politicians and that takes some doing.

He liked people, loved the State of Nevada, and you will find it a most rewarding experience if you take the time to read what he has written during his 50-year career about people who were well known and not so well known. Everyone looked forward to his column just as they did Herb Caen’s column in the San Francisco Chronicle. He always had a comment about a place, a thing, an event or a person. He wrote something wonderful about my late wife. He made you feel good when you talked to him or when you read his writing. No one will match his achievements as a person, as a contributor to the community or as a champion of important causes to the community. He and Marilyn were a team, always there to support the events that were important to the lives of people in our communities throughout northern Nevada. He acquired some wealth, and they became major philanthropists. The love of his life was not only journalism but also his family. They are a wonderful family. Most of them are here, today. His efforts in protecting and establishing the heritage of this State will live on long after him. We were sorry to lose Rollan last year. Everyone misses him. There was a memorial service held at Lawlor Events Center at the University of Nevada, Reno. It was the best-attended service I have ever attended. Our guest, Mayor Bob Cashell, gave a wonderful eulogy. It was stirring, emotional and poignant.

Let us join today in memorializing a journalist and distinguished writer, newspaper executive and great Nevadan, Rollan Melton.

Senator McGinness:

Thank you, Madam President. I have my autographed copy of Rollan Melton’s Nevadans, and I would like to read from the preface. “The genesis of this book is my boyhood Nevada. I landed in Fallon when I was fourteen after moving with my people from state to state. I had been in eighteen schools by the time I staggered through the 8th grade. It was not long after my arrival in Nevada that I knew my drifting was ended. So this became my first real home. For all of the following years from 1945 until now, I have studied Nevada and its wonderful people, admired the new Nevadans and the old; seen them as a distinct breed knowing that they are here by choice. I am blessed because I have had the incredible good fortune to tell their stories.”

I think that is exactly how Rollan would have liked to hear it. He did great things. He established a scholarship for a graduating student from Churchill County High School. He always had good things to say about Fallon. We will miss him.

Senator Wiener:

I rise in support of Senate Concurrent Resolution No. 28. In 1989, I joined the Nevada Press Women (NPW), and one of the first names I learned to be a Nevada legend was Rollan Melton. Our colleague, Rollan Melton, was an enthusiastic member of Nevada Press Women.

His career spanned the full spectrum—from paperboy and lead-bed printing to computer screen and electronic messaging.

Over his long association with NPW, Rollan Melton was a peer, a mentor and a friend to all of the members. Many of us, in fact, provided him with colorful fodder for his writing.

Rollan knew that local news and stories are the cornerstones of a community. He realized and respected that journalists are the people who become our continuing educators, mediators and archivists.

With every story we write, read, view or hear, we will always appreciate how much influence Rollan Melton has had and will continue to have on the journalists in Nevada.

Senator Titus:

I met Rollan Melton through his lovely wife, Marilyn, when we were serving on the Nevada Humanities Committee. My mother, who was visiting me from Georgia at the time, has never forgotten the wonderful evening the Meltons hosted, at their home, in honor of National Endowment for the Humanities director, William Bennett.

Mr. Melton was a delightful man. I enjoyed visiting with him and reading his columns for insight into northern Nevada. Tom and I also looked forward to receiving the Melton family Christmas card that always had a great picture and a unique way of saying, “happy holidays.”

Mr. Melton will certainly be missed, but his beautiful words and observations will live on forever in his books and articles. We are very thankful for that.

Senator Neal:

Madam President, I had the opportunity to meet Rollan Melton in the early 1970s. I knew who he was and that he wrote a column. When the late Mary Gojack and I received awards from the Civil Liberties Union from northern Nevada, Rollan Melton gave the speech in support of my getting that award. I had been here since 1973 and did not know he had been watching many of the people here. The speech he gave about me was very exciting. I wondered where he got the information on me, but he was on target.

Later, when he wrote his book, I was at a book signing and I asked him if he would autograph it. I never paid much attention to what he had written in the book until later. It said, “To my friend, Senator Neal, a man who is courageous and stands by his convictions.” I thought that was a great compliment coming from him.

I always remembered him as a jolly person, who was an intellectual, who understood people, who understood the State and understood the direction this State should go. His many columns in the Reno Gazette-Journal expressed that thought. During that time, the paper was a lively one. Once he retired, it ceased to be as lively; though, it is starting to come back to that format with new columnists like Cory Farley.

I always appreciated his candor, his humor and his desire to see this State as a better place for everyone. I support this resolution.

Resolution adopted.

Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 28 be immediately transmitted to the Assembly.

Motion carried unanimously.

Resolution ordered transmitted to the Assembly.

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

Motion carried.

Senate in recess at 10:54 a.m.

SENATE IN SESSION

At 10:57 a.m.

President Hunt presiding.

Quorum present.

SECOND READING AND AMENDMENT

Senate Bill No. 71.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 99.

Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a surety issues a surety bond pursuant to NRS 608.150 to guarantee the payment of the indebtedness incurred by a subcontractor or contractor for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS, the surety must pay any claim against the surety bond or bring an action for interpleader in the manner provided by NRS 624.273 not later than 30 days after the date the surety receives the first claim against the surety bond which is supported by objective evidence that reasonably supports the amount of the claim. Such objective evidence shall be deemed to include, without limitation:

(a) A judgment in favor of the claimant which shows that the subcontractor or contractor incurred indebtedness for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS in an amount equal to or exceeding the amount of the claim against the surety bond;

(b) An audit or any other similar accounting report prepared by an accountant which shows that the subcontractor or contractor incurred indebtedness for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS in an amount equal to or exceeding the amount of the claim against the surety bond; or

(c) A written acknowledgment executed by the indebted subcontractor or contractor which shows that the subcontractor or contractor incurred indebtedness for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS in an amount equal to or exceeding the amount of the claim against the surety bond.

2. If the surety receives any claim against the surety bond that satisfies the requirements of subsection 1 and the surety fails to either pay the claim or bring an action for interpleader within the time required by subsection 1, the surety is liable to the claimant for:

(a) The amount of the claim;

(b) Interest on the amount of the claim, at the rate set forth in NRS 17.130, beginning on the date that the surety first received the claim;

(c) The actual costs incurred by the claimant to file and pursue the claim;

(d) Reasonable attorney’s fees incurred by the claimant; and

(e) Any other amounts that the claimant is entitled to recover from the surety pursuant to any other statute, any court rule or the common law.

3. The liability imposed on the surety pursuant to subsection 2 is not limited by the amount of the surety bond that was issued by the surety, and the claimant is entitled to recover from the surety all amounts set forth in subsection 2, regardless of whether those amounts exceed the amount of the surety bond.

4. If the surety receives any claim against the surety bond that satisfies the requirements of subsection 1 and the surety brings an action for interpleader within the time required by subsection 1, the surety is entitled to deduct its costs of the action from its liability under the surety bond to the extent provided by NRS 624.273.

Sec. 2. NRS 608.150 is hereby amended to read as follows:

608.150 1. Every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.

2. Except as otherwise provided in subsection 5, every original contractor making or taking any contract may, with regard to a subcontractor or contractor acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, require the subcontractor or contractor to provide a surety bond in an amount sufficient to guarantee the payment of the indebtedness incurred by the subcontractor or contractor for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.

3. If an original contractor requires a subcontractor or contractor to provide a surety bond pursuant to this section, the surety bond must remain in effect for not less than 1 year after the date on which the subcontractor or contractor ceases to perform any labor, construction or other work included in the subject of the original contract.

4. Except as otherwise provided in subsection 5, if an original contractor requires a subcontractor or contractor to provide a surety bond pursuant to this section and the subcontractor or contractor fails to provide the surety bond within 15 days after the date on which the request is made, the original contractor may:

(a) Obtain a surety bond in an amount sufficient to guarantee the payment of the indebtedness incurred by the subcontractor or contractor for labor and for the requirements imposed by chapters 616A to 617, inclusive, of NRS; and

(b) Withhold from any payments due to the subcontractor or contractor the costs incurred by the original contractor to obtain the surety bond.

5. If an original contractor intends to require a subcontractor or contractor to provide a surety bond pursuant to this section on a project that is competitively bid, the original contractor, in the request for bids, must include information which notifies potential bidders that a surety bond will be required and which specifies the amount of the surety bond or the method that must be used to calculate the amount of the surety bond. If the original contractor fails to include such information in the request for bids, the original contractor may not require a subcontractor or contractor to provide a surety bond for the project unless the original contractor agrees to pay, as part of the contract price for the project, the costs incurred by the subcontractor or contractor to provide the surety bond.

6. It is unlawful for any contractor or any other person to fail to comply with the provisions of ~~[subsection 1,]~~ this section, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

~~[3.]~~ 7. The district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any ~~[such]~~ original contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and damage that may be owing or have accrued ~~[as a result of the failure of any]~~ because a subcontractor or contractor who was acting under , by or for the original contractor ~~[, and any]~~ failed to pay the indebtedness incurred by the subcontractor or contractor for labor or for the requirements imposed by chapters 616A to 617, inclusive, of NRS. Any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

8. The provisions of this section do not preclude any person or governmental entity from bringing any action or pursuing any remedy or penalty against a subcontractor or contractor who was acting under, by or for an original contractor and who failed to pay the indebtedness incurred by the subcontractor or contractor for labor or for the requirements imposed by chapters 616A to 617, inclusive, of NRS.”.

Amend the title of the bill to read as follows:

“AN ACT relating to contractors; authorizing original contractors to require subcontractors and other contractors to provide surety bonds to guarantee the payment of certain indebtedness; establishing requirements governing the payment of claims under such surety bonds; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes original contractors to require subcontractors and other contractors to provide surety bonds to guarantee the payment of certain indebtedness. (BDR 53‑402)”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 163.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 102.

Amend sec. 2, page 2, by deleting lines 24 through 27 and inserting: “nonprofit corporation for hospital or medical services shall:

1. If requested by the provider of health care at the time the contract is made, submit to the provider of health care a copy of the schedule of payments applicable to the provider of health care; or

2. If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in subsection 1 within 7 days after receiving the request.”.

Amend sec. 3, page 2, by deleting lines 33 through 35 and inserting: “provide health care to an insured, the insurer shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments specified in paragraph (a) within 7 days after receiving the request.”.

Amend sec. 4, page 2, by deleting lines 43 through 45 and inserting: “insurer shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend sec. 5, page 3, by deleting lines 9 through 11 and inserting: “carrier shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend sec. 6, page 3, by deleting lines 17 through 19 and inserting: “provide health care to an insured, the society shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend sec. 7, page 3, by deleting lines 27 through 29 and inserting: “corporation shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend sec. 8, page 3, by deleting lines 37 through 39 and inserting: “health maintenance organization shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend sec. 9, page 4, by deleting lines 6 through 8 and inserting: “organization shall:

(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or

Amend the title of the bill by deleting the fourth through the seventh lines and inserting: “certain circumstances; requiring the submission of a schedule of payments to a provider of health care under certain circumstances;”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 168.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 103.

Amend sec. 3, page 4, line 2, after “any” by inserting “nonproprietary”.

Amend sec. 4, page 4, by deleting lines 6 and 7 and inserting:

“616C.040 1. ~~[A]~~ Except as otherwise provided in this section, a treating physician or chiropractor shall, within 3 working days after ~~[he first treats]~~”.

Amend sec. 4, page 4, by deleting lines 12 through 34 and inserting: “the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, ~~[he]~~ the physician or chiropractor shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the injured employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.

2. A physician or chiropractor who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a medical facility. If the physician or chiropractor delegates the duty to a medical facility:

(a) The medical facility must comply with the filing requirements set forth in this section; and

(b) The delegation must be in writing and signed by:

(1) The physician or chiropractor; and

(2) An authorized representative of the medical facility.

3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator.

~~[3.]~~ 4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employee’s ability to work.

~~[4.]~~ 5. Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation.

~~[5.]~~ 6. The Administrator ~~[shall]~~ may impose an administrative fine of not more than $1,000 ~~[on~~

~~a physician or chiropractor]~~ for each violation of subsection 1 ~~[.]~~ on:

(a) A physician or chiropractor; or

(b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section.”.

Amend sec. 5, page 4, by deleting lines 38 and 39 and inserting: “from a physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, an employer shall complete and file with his insurer or”.

Amend sec. 5, page 4, line 43, be deleting “submitted” and inserting “filed”.

Amend sec. 5, page 5, by deleting line 5 and inserting: “physician or chiropractor , or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, indicates that the”.

Amend sec. 10, page 10, by deleting lines 42 and 43 and inserting:

“617.352 1. ~~[A]~~ Except as otherwise provided in this section, a treating physician or chiropractor shall, within 3 working days after ~~[he first treats]~~ first”.

Amend sec. 10, page 11, by deleting lines 3 through 25 and inserting: “the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, ~~[he]~~ the physician or chiropractor shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.

(a) The medical facility must comply with the filing requirements set forth in this section; and

(b) The delegation must be in writing and signed by:

(1) The physician or chiropractor; and

(2) An authorized representative of the medical facility.

3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator.

~~[4.]~~ 5. Each physician, chiropractor and medical facility that treats injured employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation.

~~[5.]~~ 6. The Administrator ~~[shall]~~ may impose an administrative fine of not more than $1,000 ~~[against a physician or chiropractor]~~ for each violation of subsection 1 ~~[.]~~ on:

(a) A physician or chiropractor; or

(b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section.”.

Amend sec. 11, page 11, by deleting lines 29 and 30 and inserting: “from a physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, an employer shall complete and file with his insurer or”.

Amend sec. 11, page 11, line 34, by deleting “submitted” and inserting “filed”.

Amend sec. 11, page 11, by deleting line 40 and inserting: “physician or chiropractor , or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, indicates that the”.

Amend the title of the bill by deleting the fifth through seventh lines and inserting: “industrial insurance coverage; authorizing a physician or chiropractor to delegate to a medical facility the duty to file a claim for compensation within a certain period after the physician or chiropractor provides treatment to an injured employee; authorizing the Administrator of the Division to impose administrative fines against such a medical facility under certain circumstances;”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 246.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 304.

Amend section 1, page 1, line 2, by deleting “$500,748” and inserting “$610,000”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 301.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 307.

Amend sec. 2, page 2, by deleting lines 6 and 7 and inserting: “Implementation Commission serve on the Commission for 6 months beginning on the day the President’s New Freedom Commission on Mental Health Report is made public.”.

Amend sec. 4, page 3, line 14, by deleting “2004.” and inserting “2005.”.

Amend sec. 5, page 3, line 16, by deleting “2004.” and inserting “2005.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 345.

Bill read second time and ordered to third reading.

Senate Bill No. 401.

Bill read second time and ordered to third reading.

Senate Bill No. 415.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 308.

Amend sec. 2, page 2, line 16, by deleting: “on July 1, 2003.” and inserting: “upon passage and approval.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 456.

Bill read second time and ordered to third reading.

Senate Bill No. 466.

Bill read second time and ordered to third reading.

Senate Bill No. 482.

Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Amodei moved that Senate Bill No. 53 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Amodei.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 93.

Bill read third time.

Remarks by Senator Titus.

Senator Titus requested that her remarks be entered in the Journal.

While I am absolutely convinced that a shortage of nurses is one of the most serious problems facing our health care system, today, I have heard from a number of rank-and-file nurses, those most affected by this health-care crisis, that Senate Bill No. 93 is not the answer. I have heard from some nurses that Senate Bill No. 93 is, at best, cosmetic—masking the need for more meaningful solutions—and, at worst, could actually be counter-productive—causing nurses to leave as well as to not come to Nevada at a time when working conditions for nurses in other states are much more attractive than those here. For these reasons, I will be voting no.

Roll call on Senate Bill No. 93:

Yeas—14.

Nays—Care, Carlton, Mathews, Schneider, Titus, Wiener—6.

Excused—Nolan.

Senate Bill No. 93 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 99.

Bill read third time.

Remarks by Senator Rawson.

Roll call on Senate Bill No. 99:

Yeas—18.

Nays—Coffin, O'Connell—2.

Excused—Nolan.

Senate Bill No. 99 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 143.

Bill read third time.

Remarks by Senators Neal and Titus.

Roll call on Senate Bill No. 143:

Yeas—10.

Nays—Care, Carlton, Coffin, Mathews, McGinness, Neal, Schneider, Titus, Washington, Wiener—10.

Excused—Nolan.

Senate Bill No. 143 having failed to receive a constitutional majority, Madam President declared it lost.

Senate Bill No. 176.

Bill read third time.

Roll call on Senate Bill No. 176:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 176 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 179.

Bill read third time.

Remarks by Senators Care and Rawson.

Roll call on Senate Bill No. 179:

Yeas—15.

Nays—Care, Carlton, Coffin, Neal, Titus—5.

Excused—Nolan.

Senate Bill No. 179 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 192.

Bill read third time.

Remarks by Senators Neal and Care.

Roll call on Senate Bill No. 192:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 192 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 206.

Bill read third time.

Remarks by Senator Amodei.

Roll call on Senate Bill No. 206:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 206 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 262.

Bill read third time.

Roll call on Senate Bill No. 262:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 262 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 280.

Bill read third time.

Remarks by Senator Tiffany.

Roll call on Senate Bill No. 280:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 280 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 299.

Bill read third time.

Remarks by Senators Coffin and Amodei.

Roll call on Senate Bill No. 299:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 299 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 309.

Bill read third time.

Roll call on Senate Bill No. 309:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 309 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 322.

Bill read third time.

Remarks by Senators Neal and Shaffer.

Roll call on Senate Bill No. 322:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 322 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 355.

Bill read third time.

Remarks by Senators Neal and Amodei.

Roll call on Senate Bill No. 355:

Yeas—19.

Nays—Coffin.

Excused—Nolan.

Senate Bill No. 355 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 363.

Bill read third time.

Remarks by Senator Care.

Roll call on Senate Bill No. 363:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 363 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 365.

Bill read third time.

Remarks by Senators Raggio and Titus.

Senator Raggio requested that his remarks be entered in the Journal.

This is certainly a most fitting recognition for former Senator Lawrence Jacobsen. There is probably no one else who would be more qualified and deserving of this recognition than former Senator Jacobsen.

Senator Jacobsen has served longer in the legislative process than any other person. He has served in both Houses of the Legislature. He reached the position of Speaker in the Assembly and then as President pro Tempore, for a record time, in this Senate. In addition, Senator Jacobsen was probably the driving force for the design and construction of this building, before Senator Neal and I even got here.

No one took more pride in seeing this building constructed and designed than Senator Jacobsen. As we all know, probably, no one will ever know the ins and outs of this building better than former Senator Jacobsen. We, of course, recognized him in other ways, but probably, this is the most significant recognition we can give, and I do not think there is anyone who deserves this more than former Senator Lawrence Jacobsen.

Senator Titus requested that her remarks be entered in the Journal.

Like all members of this body, I respect former Senator Lawrence Jacobsen. Accordingly, I supported naming the Carson City Armory for him; I supported resolutions honoring him upon his retirement, and again, early this session, I supported inducting him into our Senate Hall of Fame.

I must, however, oppose this measure to name the Legislative Building for Jake, and make no mistake, my feelings have nothing to do with the individual himself, his party or his philosophy. I would feel the same way no matter whose name was in the bill.

I checked with the National Conference of State Legislatures. There is no legislative building in any state that is named for an individual, and certainly, the Nation’s Capitol building where Congress meets bears no individual’s name.

This building belongs to the people of Nevada. Herein, we do the people’s business, and we are here to protect the people’s interests. That means all the people north and south, urban and rural, and all colors and all creeds. Theirs is the only name that should appear above the door.

Roll call on Senate Bill No. 365:

Yeas—16.

Nays—Carlton, Neal, Schneider, Titus—4.

Excused—Nolan.

Senate Bill No. 365 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Hardy moved that Senate Bill No. 392 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Hardy.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 412.

Bill read third time.

Roll call on Senate Bill No. 412:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 412 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 422.

Bill read third time.

Roll call on Senate Bill No. 422:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 422 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 423.

Bill read third time.

Roll call on Senate Bill No. 423:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 423 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 435.

Bill read third time.

Remarks by Senators Neal and Amodei.

Roll call on Senate Bill No. 435:

Yeas—17.

Nays—Carlton, Neal, Titus—3.

Excused—Nolan.

Senate Bill No. 435 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 439.

Bill read third time.

Roll call on Senate Bill No. 439:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 439 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 459.

Bill read third time.

Roll call on Senate Bill No. 459:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 459 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 478.

Bill read third time.

Roll call on Senate Bill No. 478:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 478 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 479.

Bill read third time.

Remarks by Senators Neal, Amodei and Carlton.

Roll call on Senate Bill No. 479:

Yeas—17.

Nays—Carlton, Neal, Wiener—3.

Excused—Nolan.

Senate Bill No. 479 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 481.

Bill read third time.

Remarks by Senators Neal, Amodei and Coffin.

Roll call on Senate Bill No. 481:

Yeas—20.

Nays—None.

Excused—Nolan.

Senate Bill No. 481 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Washington gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 143 was this day lost.

GENERAL FILE AND THIRD READING

Senate Joint Resolution No. 7.

Resolution read third time.

Remarks by Senators Neal, Washington and Titus.

Senator Titus requested that her remarks be entered in the Journal.

Thank you, Madam President. I rise in opposition to this resolution for many of the same reasons I opposed the resolution to Congress concerning the Estrada appointment. We have too much to do and little time to do it. As the Reno Gazette-Journal editorial page stated, the resolution “has nothing to do with Nevada. It certainly has nothing to do with the State Senate, a group of lawmakers with some tough decisions to make and fewer than 60 days in which to make them. Their constituents surely would have more sympathy for their complaints if they stuck to the job at hand and kept their noses out of national politics.”

As for the missile defense system being touted in this resolution, let me give you some additional information which may help put it in perspective. To date, there have been eight missile defense system tests; three of those have failed. Each test costs $100 million. The entire project, according to the Bush administration, is expected to cost $60 billion, but earlier this year, the Congressional Budget Office concluded that the real cost could be over $230 billion.

If you took that money and divided it up among the states by population, Nevada would get $55 million, money that could pay for 7,730 children in Head Start, provide healthcare coverage for 16,673 children, build 783 affordable housing units and hire 1,173 elementary school teachers.

Are not these the things we should be focusing on here in the Nevada Legislature?

Senator Neal requested that his remarks be entered in the Journal.

Thank you, Madam President. If our Defense Department has to depend on Nevada for its direction in producing its missile system, we are in bad shape.

In our country we have many systems already in operation. One is the Trident submarine which can guard anything in the western hemisphere while operating from any part of the ocean. There are about 13 of these submarines that travel throughout the world. Second, we have the B‑2 and Stealth bombers. Third, we have laser aircraft that can shoot down any missile being sent here with multiple hits. These three systems are already in effect. It is not appropriate for the people of the State of Nevada, who do not understand the research and development of our military department, to tell our Defense Department of our support of the American missile defense system.

The Defense Department is far ahead of us in knowing what this country needs. Because of the secret nature of defense, we know it is not possible. The Defense Department has many effective systems that can be used for the protection of this country.

I do not support this resolution because it is a waste of time and paper to tell Congress or the military establishment what to do in terms of our missile defense systems.

Roll call on Senate Joint Resolution No. 7:

Yeas—12.

Nays—Care, Carlton, Coffin, Mathews, Neal, Schneider, Titus, Wiener—8.

Excused—Nolan.

Senate Joint Resolution No. 7 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Bill No. 53.

Bill read third time.

Roll call on Assembly Bill No. 53:

Yeas—18.

Nays—Amodei, O'Connell—2.

Excused—Nolan.

Assembly Bill No. 53 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

remarks from the floor

Senator Raggio requested that his remarks be entered in the Journal.

We learned this weekend of the death of another Nevadan in the war with Iraq, Marine Lance Corporal Donald John Cline, Jr., who was assigned to the 1st Battalion, Second Marine Regiment of the 2nd Marine Expeditionary Brigade based at Camp Lejeune, North Carolina. He was with his unit as they headed toward the site where the 507th Maintenance Company was ambushed in the attack that saw Pfc. Jessica Lynch wounded and taken captive. Six soldiers including Pfc. Lynch were taken captive from that company. Private First Class Lynch was rescued eight days later by the Marines and the other five soldiers were released on Sunday. Apparently, they were proceeding after the Army group that had made a wrong turn. It was the first ambush in the war. Corporal Cline is the second Nevadan to be killed in Iraq. He was in the same brigade as First Lieutenant Frederick E. Pokorney Jr. of Tonopah, who was an artillery officer. They were killed by Iraqui soldiers who opened fire after pretending to surrender. He had been listed as missing in action and has now been identified through DNA analysis. We pause today in his memory.

He leaves a wife, Tina, and two young sons, Dakota, 2; and Dillon, 7 months. They were married in Sparks after graduating from high school in 2000.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Anna Maria Coffin.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Pat Rose and Ron Rose.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperone and advisor from the Churchill County Young Republicans: Heather Bake, Michelle Bake, Emily Boyd, Nicole Hendrix, Melinda Hunter, Corinne Johnson, Canielle Lougheed, Rita McKnight, Amanda Miller, Ryan Paul, Ashley Smith, Carrie Zielinski; chaperone: Leslie Paul and advisor: Kelly Frost.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Marilyn Melton, Emelie Williams, Royle Melton, Noah Melton and Kevin Melton.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to James Melton, Breann Melton and Madeline Williams.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Mona Melton, Candith Melton and Marjorie Williams.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to James Meservy and Michael-Forest Meservy.

On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Nancy Cashell and Mayor Bob Cashell.

Senator Raggio moved that the Senate adjourn until Tuesday, April 15, 2003, at 11 a.m. and that it do so in memory of Marine Lance Corporal Donald John Cline Jr.

Motion carried.

Senate adjourned at 12:18 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate