THE SEVENTY-THIRD DAY
Carson City (Wednesday), April 16, 2003
Senate called to order at 10:58 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Stan Pesis.
We seem to be surrounded by 1,001 different expectations. Some of
those expectations are eternal; they come from friends, family, colleagues,
constituents and lobbyists. The list can go on and on. Other expectations come
from within—expectations of reward, achievement, recognition. Help us to see
clearly, O God, that expectation calls us to serve all Your people with
faithfulness, honesty and integrity.
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. 102,
241, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which was referred Senate Bill
No. 458, 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 were referred Senate Bills Nos. 124, 317, 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
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, April 15, 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. 253, 255, 407, 468.
Also,
I have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bills Nos. 57, 132, 155, 166, 225, 235, 273, 501.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories of Assembly bills for introduction.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 57.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 132.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 155.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 166.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 225.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 235.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 253.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 255.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 273.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 407.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 468.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 501.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 34.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 260.
Amend section 1, page 2, line 8, by
deleting: “4, 7 and 8,” and inserting: “4 and 7,”.
Amend
section 1, page 2, line 15, by deleting: “subsections 7 and 8,” and
inserting “subsection 7,”.
Amend
section 1, page 2, line 43, by deleting “10” and inserting “8”.
Amend
section 1, pages 3 and 4, by deleting lines 6 through 45 on page 3 and lines 1
through 6 on page 4, and inserting:
“7. Upon the request of a parent or legal
guardian of a child, a school district may allow the child to enroll in
kindergarten before the child is 5 years of age if the school district
determines that:
(a) The
child is gifted, as defined by the State Board; and
(b) It
would be in the best interests of the child to be enrolled in kindergarten
before the child is 5 years of age.
The parent or legal guardian shall pay any
costs associated with determining whether the child is gifted. If the child
completes kindergarten that school year, he must be admitted to the first grade
before he is 6 years of age. If the child subsequently completes the first
grade, he must be admitted to the second grade in the following year before he
is 7 years of age. The enrollment of a child pursuant to this subsection must
be counted for purposes of apportionment.”.
Amend
section 1, page 4, line 7, by deleting “10.” and inserting “8.”.
Amend
section 1, page 4, by deleting lines 9 through 14 and inserting: “child:
(a)
Who is 7 years of age on or before September 30 of the next school year; and
(b)
Whose parents waived his attendance from kindergarten pursuant to subsection 4,
to determine whether the child is prepared”.
Amend
section 1, page 4, line 19, by deleting “11.” and inserting “9.”.
Amend
section 1, page 4, line 26, by deleting “12.” and inserting “10.”.
Amend
the bill as a whole by deleting sections 3 through 5 and adding a new section
designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective on July 1, 2003.”.
Amend the title of the bill by deleting the first through fifth lines and inserting:
“AN ACT relating to pupils; authorizing school districts, upon request of a parent, to allow early admittance to kindergarten for certain children; revising provisions governing admittance to first and second grades for certain children who complete kindergarten at an early age;”.
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. 38.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 226.
Amend sec. 5, page 7, line 2, by deleting “15,” and inserting “14,”.
Amend sec. 6, page 7, by deleting lines 4 through 16 and inserting:
“Sec.
6. “Act of terrorism” means any activity which involves a violent act or
an act so dangerous to human life as to constitute a violation of the criminal
laws of this state and which appears intended to:
1. Intimidate or coerce a civilian population;
2. Influence the policy of this state or a
political subdivision of this state by intimidation or coercion; or
3. Affect the conduct of this state or a political subdivision of this state by mass destruction, assassination or kidnapping.”.
Amend sec. 7, page 7, line 21, by deleting “harm;” and inserting: “harm to more than one person;”.
Amend sec. 9, pages 7 and 8, by deleting lines 30 through 43 on page 7 and lines 1 through 5 on page 8, and inserting:
“Sec. 9. “Material support” means any financial, logistical, informational or other support or assistance intended to further an act of terrorism.”.
Amend sec. 11, page 8, line 27, by deleting “harm;” and inserting: “harm to more than one person;”.
Amend sec. 14, pages 8 and 9, by deleting lines 38 through 44 on page 8 and lines 1 through 26 on page 9, and inserting:
“Sec.
14. 1. A person shall not knowingly
commit or cause an act of terrorism or attempt to commit or cause an act of
terrorism.
2. A person shall not knowingly:
(a) Aid,
further or conceal or attempt to aid, further or conceal an act of terrorism;
(b) Assist, solicit or
conspire with another person to commit, cause, aid, further or conceal an act
of terrorism; or
(c) Provide
material support with the intent that such material support be used, in whole
or in part, to:
(1)
Commit, cause, aid, further or conceal an act of terrorism; or
(2)
Aid a terrorist or conceal a terrorist from detection or capture.
3. A person who violates subsection 1 is guilty
of a category A felony and:
(a) Shall
be punished by imprisonment:
(1) For life without
the possibility of parole;
(2) For life with the
possibility of parole, with eligibility for parole beginning when a minimum of
20 years has been served; or
(3) For a definite term
of 50 years, with eligibility for parole beginning when a minimum of 20 years
has been served; and
(b) Shall
further be punished by a fine of at least $50,000 but not more than $100,000.
4. A person who violates subsection 2 is guilty
of a category A felony and:
(a) Shall
be punished by imprisonment:
(1) For life with the
possibility of parole, with eligibility for parole beginning when a minimum of
10 years has been served; or
(2) For a definite term
of 25 years, with eligibility for parole beginning when a minimum of 10 years
has been served; and
(b) Shall be further
punished by a fine of at least $25,000 but not more than $50,000.
5. In addition to any other penalty, the court
shall order a person who violates the provisions of this section to pay
restitution:
(a) To
each victim for any injuries that are a result of the violation; and
(b) To
the State of Nevada or a local government for any costs that arise from the
violation.
6. A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for a violation of any other statute based upon the same act or transaction.”.
Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 through 22 as sections 15 through 21.
Amend sec. 16, page 9, line 40, by deleting “15,” and inserting “14,”.
Amend sec. 17, page 10, line 8, by deleting “harm;” and inserting: “harm to more than one person;”.
Amend sec. 18, page 10, by deleting lines 18 and 19 and inserting: “destruction, any biological agent, chemical agent or radioactive agent or any toxin.”.
Amend sec. 19, page 10, line 26, by deleting “harm;” and inserting: “harm to more than one person;”.
Amend sec. 20, page 10, by deleting lines 35 and 36 and inserting: “weapon of mass destruction, any biological agent, chemical agent or radioactive agent, any toxin or any delivery”.
Amend sec. 20, page 10, by deleting lines 40 and 41 and inserting: “chemical agent or radioactive agent, any toxin or any delivery system:”.
Amend sec. 20, page 11, by deleting lines 6 and 7 and inserting:
“3. A person who violates any provision of
subsection 1 is guilty of a category A felony and shall be punished [by]
:”.
Amend sec. 20, page 11, line 35, after “4.” by inserting: “A person who violates any provision of
subsection 2 is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years, and shall further be punished by
a fine of not more than $10,000.
5.”.
Amend sec. 20, page 11, line 42, by deleting “5.” and inserting “6.”.
Amend sec. 20, page 12, line 1, by deleting “6.” and inserting “7.”.
Amend sec. 21, page 12, by deleting line 12 and inserting: “chemical agent or radioactive agent or any”.
Amend sec. 21, page 12, by deleting line 31 and inserting: “agent or radioactive agent, any toxin or any”.
Amend the bill as a whole by deleting sec. 23 and renumbering sections 24 through 26 as sections 22 through 24.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems. (BDR 15‑89)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 50.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 227.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494.
4. [An]
Except as otherwise provided in
subsection 5, an agency, board, commission or political subdivision of this
state, including , without limitation, any
agency, board, commission or governing body of a local government, shall not
impose more stringent restrictions on the smoking, use, sale, distribution,
marketing, display or promotion of tobacco or products made from tobacco than
are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and
202.2494.
5. A school district may, with respect to the
property, buildings, facilities and vehicles of the school district, impose
more stringent restrictions on the smoking, use, sale, distribution, marketing,
display or promotion of tobacco or products made from tobacco than are provided
by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.
Sec. 2. NRS 202.24915 is hereby amended to read as follows:
202.24915 1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially removes smoke from the area.
2. Except
as otherwise provided in subsection 3, until January 1, [2010,] 2007, a store that is principally
devoted to the sale of food for human consumption off the premises may allow
the smoking of tobacco in a public area of the store that is leased to or
operated by a person who is licensed pursuant to NRS 463.160 if the store was
constructed before October 1, 1999, or received final approval for construction
before October 1, 1999. On or after January 1, [2010,] 2007, such a store may allow smoking in
that public area only if the area contains a method of ventilation which
substantially removes smoke from the area.
3. If
at any time before January 1, [2010,] 2007, a store described in subsection 2 remodels 25 percent or more
of the square footage of the entire public area within the store, the store may
continue to allow the smoking of tobacco in a public area of the store that is
leased to or operated by a person who is licensed pursuant to NRS 463.160 only
if the store includes as part of the remodeling a method of ventilation which
substantially removes smoke from the area.
4. For the purposes of this section, “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.”.
Amend the title of the bill to read as follows:
“AN ACT relating to tobacco; authorizing school districts to adopt more stringent restrictions governing tobacco and products made from tobacco than restrictions imposed pursuant to state law under certain circumstances; revising the time by which certain stores must comply with certain provisions pertaining to smoking within public areas; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises various provisions pertaining to tobacco and products made from tobacco. (BDR 15‑260)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Senate Bill No. 66 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 90.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 294.
Amend section 1, page 2, line 7, by deleting “Corrections” and inserting: “Corrections, through the designated medical director,”.
Amend section 1, page 2, by deleting lines 9 through 11 and inserting: “relevant medical and mental health records, for the limited purpose of”.
Amend section 1, page 2, between lines 16 and 17, by inserting:
“4. As used in this section, “designated medical director” means the designated administrative officer of the Department of Corrections who is responsible for the medical treatment of offenders.”.
Amend sec. 2, page 2, by deleting line 19 and inserting:
“1. The Director, through the designated medical director,”.
Amend sec. 2, page 2, line 20, by deleting “designee”.
Amend sec. 2, page 2, line 27, by deleting: “request of the” and inserting “a request”.
Amend sec. 2, page 2, by deleting line 28 and inserting: “for access to records of”.
Amend sec. 2, page 2, by deleting lines 33 through 35 and inserting: “for the limited purpose of allowing the Director or the designated medical director to”.
Amend sec. 2, page 2, by deleting lines 37 and 38 and inserting:
“3. The Director, through the designated medical
director, may provide to the Division of Mental Health and Developmental
Services of the Department of Human Resources or to other community medical or
mental health care providers, relevant medical and mental health records of an
offender serving a term of imprisonment under the custody of the Department of
Corrections, for the purposes of planning the discharge of the offender and
assuring the continuity of evaluation, care and treatment of the offender in the
community after release from incarceration.
4. No oral or written consent of the offender is required to obtain access to records from the”.
Amend sec. 2, page 2, line 40, after “Resources” by inserting: “or the Department of Corrections”.
Amend sec. 2, page 2, between lines 40 and 41, by inserting:
“5. As used in this section, “designated medical director” means the designated administrative officer of the Department who is responsible for the medical treatment of offenders.”.
Amend the title of the bill, seventh line, by deleting “his designee” and inserting “the designated medical director”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Amodei moved that Senate Bill No. 97 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Amodei.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 123.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 203.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 3 and the text of the repealed section, following the enacting clause, to read as follows:
“Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:
(a) A ballot question.
(b) A candidate.
2. For the purposes of paragraph (b) of
subsection 1, an expense incurred or an expenditure made by a governmental
entity shall be considered an expense incurred or an expenditure made in
support of a candidate if:
(a) The
expense is incurred or the expenditure is made for the creation or
dissemination of a pamphlet, brochure, publication, advertisement or television
programming that prominently features the activities of a current public
officer of the governmental entity who is a candidate for a state, local or
federal elective office; and
(b) The
pamphlet, brochure, publication, advertisement or television programming
described in paragraph (a) is created or disseminated during the period
specified in subsection 3.
3. The period during which the provisions of
subsection 2 apply to a particular governmental entity begins when a current
public officer of that governmental entity files a declaration of candidacy or
acceptance of candidacy and ends on the date of the general election, general
city election or special election for the office for which the current public
officer of the governmental entity is a candidate.
4. The provisions of this section do not prohibit
the creation or dissemination of, or the appearance of a candidate in or on, as
applicable, a pamphlet, brochure, publication, advertisement or television
programming that:
(a) Is
made available to the public on a regular basis and merely describes the
functions of:
(1)
The public office held by the public officer who is the candidate; or
(2)
The governmental entity by which the public officer who is the candidate is
employed; or
(b) Is
created or disseminated in the course of carrying out a duty of:
(1)
The public officer who is the candidate; or
(2)
The governmental entity by which the public officer who is the candidate is
employed.
5. The provisions of this section do not
prohibit an expense or an expenditure incurred to create or disseminate a
television program that provides a forum for discussion or debate regarding a
ballot question, if persons both in support of and in opposition to the ballot
question participate in the television program.
6. As used in this section:
(a) “Governmental
entity” means:
(1)
The government of this state;
(2)
An agency of the government of this state;
(3)
A political subdivision of this state; and
(4)
An agency of a political subdivision of this state.
(b) “Pamphlet,
brochure, publication, advertisement or television programming” includes,
without limitation, a publication, a public service announcement and any
programming on a television station created to provide community access to
cable television. The term does not include:
(1)
A press release issued to the media by a governmental entity; or
(2)
The official website of a governmental entity.
(c) “Political subdivision” means a county, city or any other local government as defined in NRS 354.474.
Sec. 2. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 293.725 is hereby repealed.
TEXT OF REPEALED SECTION
293.725 Government expenditure in support of or opposition to ballot question or candidate prohibited. The government of this state or a political subdivision of this state or an agency thereof shall not incur an expense or make an expenditure to support or oppose:
1. A ballot question.
2. A candidate.”.
Amend the title of the bill to read as follows:
“AN ACT relating to campaign practices; prohibiting public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make an expenditure to support or oppose a ballot question or a candidate; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Prohibits public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make expenditures to support or oppose ballot questions or candidates. (BDR 23‑214)”.
Amend the bill as a whole by adding the following Assemblyman as a primary joint sponsor:
Assemblyman Parks.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 145.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 284.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 and 4 as sections 1 and 2.
Amend the title of the bill by deleting the first through seventh lines and inserting:
“AN ACT relating to counties; revising”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises uses of and interests in federal land that board of county commissioners may apply for and accept. (BDR 20-172)”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 183.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 104.
Amend the bill as a whole by deleting sections 1 through 10 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
A
policy of health insurance that provides coverage for the treatment of
colorectal cancer must provide for colorectal cancer screening in accordance
with:
1. The
guidelines concerning colorectal cancer screening which are published by the
American Cancer Society; or
2. Other guidelines or reports concerning
colorectal cancer screening which are published by nationally recognized
professional organizations and which include current or prevailing supporting
scientific data.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
A
policy of group health insurance that provides coverage for the treatment of
colorectal cancer must provide for colorectal cancer screening in accordance
with:
1. The
guidelines concerning colorectal cancer screening which are published by the
American Cancer Society; or
2. Other guidelines or reports concerning
colorectal cancer screening which are published by nationally recognized
professional organizations and which include current or prevailing supporting
scientific data.
Sec. 3. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
A
health care plan issued by a health maintenance organization that provides
coverage for the treatment of colorectal cancer must provide for colorectal
cancer screening in accordance with:
1. The
guidelines concerning colorectal cancer screening which are published by the
American Cancer Society; or
2. Other guidelines or reports concerning
colorectal cancer screening which are published by nationally recognized
professional organizations and which include current or prevailing supporting
scientific data.
Sec. 4. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
A
health care plan issued by a managed care organization that provides coverage
for the treatment of colorectal cancer must provide for colorectal cancer
screening in accordance with:
1. The
guidelines concerning colorectal cancer screening which are published by the
American Cancer Society; or
2. Other guidelines or reports concerning
colorectal cancer screening which are published by nationally recognized professional
organizations and which include current or prevailing supporting scientific
data.
Sec. 5. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
The
governing body of any county, school district, municipal corporation, political
subdivision, public corporation or other public agency of the State of Nevada
that provides health insurance through a plan of self-insurance shall provide
coverage for colorectal cancer screening in accordance with:
1. The
guidelines concerning colorectal cancer screening which are published by the
American Cancer Society; or
2. Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.”.
Amend the title of the bill to read as follows:
“AN ACT relating to insurance; requiring certain policies of health insurance and health care plans to provide for colorectal cancer screening under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain policies of health insurance and health care plans to provide for colorectal cancer screening under certain circumstances. (BDR 57‑726)”.
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. 184.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 100.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 5 as sections 2 through 4.
Amend sec. 3, page 4, by deleting lines 9
through 13 and inserting: “attendant shall [submit] :
(a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment.
(b) Submit
to a blood test to screen for hepatitis A and hepatitis B upon employment, upon
the commencement of coverage and thereafter on an annual basis during his
employment, except that a police officer, salaried fireman or emergency medical
attendant is not required to submit to a blood test to screen for hepatitis A
and hepatitis B on an annual basis during his employment if he has been
vaccinated for hepatitis A and hepatitis B upon employment or at other
medically appropriate times during his employment. Each employer shall provide
a police officer, salaried fireman or emergency medical attendant with the
opportunity to be vaccinated for hepatitis A and hepatitis B upon employment
and at other medically appropriate times during his employment.
4. All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer.
[4.] 5. The provisions of this
section:”.
Amend sec. 3, page 4, line 25, by deleting
“5.” and inserting “[5.] 6.”.
Amend sec. 3, page 4, line 34, by deleting
“6.” and inserting “[6.] 7.”.
Amend sec. 4, page 5, by deleting lines 1 and 2 and inserting: “October 1, 2003, but on or before September 30, 2004, and who, on October 1, 2003:”.
Amend sec. 4, page 5, line 10, by deleting “July” and inserting “October”.
Amend sec. 4, page 5, line 12, by deleting: “August 1, 2003.” and inserting: “September 30, 2004.”
Amend sec. 4, page 5, line 29, by deleting “2004,” and inserting “2005,”.
Amend sec. 4, pages 5 and 6, by deleting lines 38 through 44 on page 5 and lines 1 through 26 on page 6 and inserting:
“(b) “Police officer” has the meaning ascribed to it in NRS 617.135.”.
Amend sec. 5, page 6, line 28, by deleting “July” and inserting “October”.
Amend the bill as a whole by deleting sec. 6.
Amend the title of the bill by deleting the fifth through eighth lines and inserting: “creating a statutory”.
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. 218.
Bill read second time.
Senator Care moved that Senate Bill No. 218 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.
Remarks by Senator Care.
Motion carried.
Senate Bill No. 240.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 234.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 7 as sections 2 through 4.
Amend sec. 5, page 4, line 40, by deleting: “July 1, 2003,” and inserting: “the effective date of this act”.
Amend sec. 5, page 4, line 41, by deleting “3” and inserting “1”.
Amend sec. 5, page 5, line 1, by deleting: “August 29, 2003,” and inserting: “60 days after the effective date of this act”.
Amend sec. 6, page 5, line 4, by deleting “3” and inserting “1”.
Amend sec. 6, page 5, line 7, by deleting “5” and inserting “2”.
Amend sec. 6, page 5, line 11, by deleting: “July 1, 2003,” and inserting: “the effective date of this act”.
Amend sec. 6, page 5, line 15, by deleting: “July 1, 2003.” and inserting: “the effective date of this act.”.
Amend sec. 6, page 5, line 17, by deleting “3” and inserting “1”.
Amend sec. 6, page 5, line 24, by deleting “5” and inserting “2”.
Amend sec. 6, page 5, line 28, by deleting: “July 1, 2003,” and inserting: “the effective date of this act”.
Amend sec. 6, page 5, line 34, by deleting: “July 1, 2003.” and inserting: “the effective date of this act.”.
Amend sec. 6, page 5, line 36, by deleting “3” and inserting “1”.
Amend sec. 6, page 5, line 41, by deleting “5” and inserting “2”.
Amend sec. 6, page 6, line 1, by deleting: “July 1, 2003,” and inserting: “the effective date of this act”.
Amend sec. 6, page 6, line 5, by deleting: “July 1, 2003.” and inserting: “the effective date of this act.”.
Amend sec. 7, page 6, line 6, by deleting: “on July 1, 2003.” and inserting: “upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public employees; making certain provisions apply retroactively to allow certain benefits to be made available to the surviving spouses and children of certain police officers and firemen killed in the line of duty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises various provisions relating to benefits payable to surviving spouses and children of certain police officers and firemen. (BDR S‑696)”.
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. 255.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 109.
Amend sec. 2, page 2, by deleting lines 31 through 33 and inserting:
“(d) The
call is initiated by a state or local governmental agency, or a private entity
operating under contract with and at the direction of such an agency, to
provide:
(1)
Information relating to public safety;
(2)
Information relating to a police or fire emergency; or
(3) A warning of an impending or threatening emergency.”.
Amend sec. 2, page 2, line 37, by deleting
“9 p.m.” and inserting “[9] 8 p.m.”.
Amend sec. 4, page 3, line 10, by deleting “5” and inserting “4.5”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. “Charitable organization” means an organization which:
1. The Secretary of the Treasury has determined
is an exempt organization pursuant to the provisions of section 501(c) of the
Internal Revenue Code; and
2. Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.”.
Amend sec. 11, page 4, line 2, after “services.” by inserting:
“The term does not include a telephone call made on behalf of a charitable organization, the primary purpose of which is to solicit a person who accepts the call to donate money, goods or services to the charitable organization.”.
Amend sec. 14, page 4, by deleting lines 17
and 18 and inserting: “number of a
subscriber unless:
(a) That
telephone number is included in the current do-call registry; or
(b) The telemarketer is complying with the provisions of section 15 of this act.”.
Amend sec. 15, page 4, by deleting lines 26 through 34 and inserting:
“Sec.
15. 1. The provisions of section 14
of this act do not prohibit a telemarketer from making or causing another
person to make an unsolicited telemarketing call to a telephone number of a
subscriber if:
(a) There
is a preexisting business relationship between the telemarketer and the
subscriber; and
(b) The
telemarketer complies with the provisions of this section.
2. Before a telemarketer may make or cause
another person to make an unsolicited telemarketing call based on a preexisting
business relationship, the telemarketer must establish and maintain an internal
do-not-call registry that complies with federal and state law and regulations.
The internal do-not-call registry must:
(a) Include,
without limitation, a list of the telephone numbers of any subscriber who has
requested that the telemarketer not make or cause another person to make an
unsolicited telemarketing call to a telephone number of the subscriber; and
(b) Upon
request, be provided by the telemarketer to the Attorney General.
3. In addition to the requirements set forth in
subsection 2, at least once each year, the telemarketer shall provide written
notice to each subscriber with whom the telemarketer has a preexisting business
relationship. The written notice must:
(a) Inform
the subscriber that the telemarketer is providing the notice pursuant to state
law;
(b) Explain
to the subscriber that the subscriber may elect to be placed on the internal
do-not-call list of the telemarketer and specify the procedures for making such
an election; and
(c) Explain
to the subscriber that the subscriber may contact the customer service
department of the telemarketer or the Attorney General to obtain further
information concerning the provisions of this section and provide the current
address, telephone number and electronic mail address of the customer service
department of the telemarketer and the Attorney General.
4.
As used in this section, “preexisting business relationship” means a
relationship between a telemarketer and a subscriber that is based on:
(a) The
subscriber’s purchase, rental or lease of goods or services from the
telemarketer; or
(b) Any
other financial transaction between the subscriber and the telemarketer,
that occurs within the 18 months immediately
preceding the date of the telemarketing call.”.
Amend the title of the bill by deleting the
eleventh and twelfth lines and inserting: “registry; providing exceptions;
requiring a provider of telephone service or local telephone directories to
publicize the do-call registry; providing penalties; and”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 298.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 165.
Amend sec. 3, page 2, line 30, by deleting:
“for each corporation” and inserting: “,
on a form provided by the Secretary of State, for each [corporation] artificial person formed, organized,
registered or qualified pursuant to the provisions of this title”.
Amend sec. 3, page 2, line 31, by deleting:
“agent of the corporation” and inserting: “resident
agent of the [corporation]
artificial person”.
Amend sec. 3, page 2, line 33, by deleting “corporation” and inserting “artificial person”.
Amend sec. 3, page 2, line 35, by deleting “corporation” and inserting “artificial person”.
Amend sec. 4, page 3, line 24, after “change” by inserting: “of resident agent”.
Amend sec. 4, page 3, line 30, by deleting
“change.” and inserting: “change [.]
of resident agent.”.
Amend sec. 4, page 3, by deleting lines 31 through 37 and inserting:
“3. If the name of a resident agent is changed
as a result of a merger, conversion, exchange, sale, reorganization or
amendment, the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.”.
Amend sec. 4, page 3, line 39, before “certificate” by inserting “proper”.
Amend sec. 5, page 4, line 36, after “5.” by
inserting: “If a director or officer of a
corporation resigns and the resignation is not made in conjunction with the
filing of an annual or amended list of directors and officers, the corporation
shall pay to the Secretary of State a fee of $75 to file the resignation of the
director or officer.
6.”.
Amend sec. 5, page 4, line 44, by deleting
“6.” and inserting “[6.] 7.”.
Amend sec. 5, page 5, line 1, by deleting
“8” and inserting “[8] 9”.
Amend sec. 5, page 5, line 3, by deleting
“7.” and inserting “[7.] 8.”.
Amend sec. 5, page 5, line 10, by deleting
“8.” and inserting “[8.] 9.”.
Amend sec. 13, pages 9 and 10, by deleting lines 41 through 44 on page 9 and lines 1 through 14 on page 10, and inserting:
“8. The
fee for executing, certifying or filing any certificate or document not
provided for in NRS 78.760 to 78.785, inclusive, is [$40.] $50.
9. The
fee for copies made at the Office of the Secretary of State is [$1] $2 per page.
10. The fees for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 92A.210, on the basis of the amount of basic surplus of the insurer.
11. The
fee for examining and provisionally approving any document at any time before
the document is presented for filing is [$100.] $125.”.
Amend sec. 14, page 10, by deleting lines 17 through 27 and inserting:
“located
in this state may [, on or after January 1 of any year but before January 31
of that year,] register for that
calendar year his willingness to serve as the resident agent of a domestic
or foreign corporation, limited-liability company or limited partnership with
the Secretary of State. The registration must state the full, legal name of the person or corporation willing to
serve as the resident agent and be accompanied by a fee of [$250] $500 per office location of the resident
agent.
2. The
Secretary of State shall maintain a list of those persons who are registered
pursuant to subsection 1 and make the list available to persons seeking to do
business in this state.
3. A person registered pursuant to subsection 1
may apply to the Secretary of State to amend any information pertaining to that
person contained in the list for a fee of $50.
4. The Secretary of State may adopt regulations prescribing the content, maintenance and presentation of the list.”.
Amend sec. 16, page 11, line 8, by deleting
“change,” and inserting: “change [,]
of resident agent,”.
Amend sec. 16, page 11, by deleting lines 17
through 31 and inserting: “change [.
The
change authorized by this subsection becomes effective upon the filing of the
certificate of change.] of resident
agent.
2. If the name of a resident agent is changed
as a result of a merger, conversion, exchange, sale, reorganization or
amendment, the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay
to the Secretary of State a filing fee of $100.
3. A change authorized by subsection 1 or 2
becomes effective upon the filing of the proper certificate of change.
4. A [person who has been designated by a
foreign corporation as] resident agent [may file] who desires to resign shall:
(a) File
with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that
he is unwilling to continue to act as the resident
agent of the corporation for the service of process [.
3.] ; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS
78.097.
A resignation is not effective until the
signed statement is filed with the Secretary of State.
5. Upon the filing of the statement of resignation with the”.
Amend sec. 16, page 11, line 39, by deleting
“4.” and inserting “[4.] 6.”.
Amend sec. 16, page 12, line 1, by deleting
“5.” and inserting “[5.] 7.”.
Amend sec. 17, page 12, line 38, after “3.”
by inserting: “If a director or officer
of a corporation resigns and the resignation is not made in conjunction with
the filing of an annual or amended list of directors and officers, the
corporation shall pay to the Secretary of State a fee of $75 to file the
resignation of the director or officer.
4.”.
Amend sec. 17, page 13, line 1, by deleting
“4.” and inserting “[4.] 5.”.
Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:
“Sec. 19.5. NRS 80.190 is hereby amended to read as follows:
80.190 1. Except as otherwise
provided in subsection 2, each foreign corporation doing business in this state
shall, not later than the month of March in each year, publish a statement of
its last calendar year’s business in two numbers or issues of a newspaper
published in this state [.] that
has a total weekly circulation of at least 1,000. The statement must include:
(a) The
name of the corporation.
(b) The
name and title of the corporate officer submitting the statement.
(c) The
mailing or street address of the corporation’s principal office.
(d) The
mailing or street address of the corporation’s office in this state, if one
exists.
(e) The
total assets and liabilities of the corporation at the end of the year.
2. If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 must be published not later than the end of the third month following the close of each fiscal year.
3. A corporation which neglects or refuses to publish a statement as required by this section is liable to a penalty of $100 for each month that the statement remains unpublished.
4. Any district attorney in the State or the Attorney General may sue to recover the penalty. The first county suing through its district attorney shall recover the penalty, and if no suit is brought for the penalty by any district attorney, the State may recover through the Attorney General.”.
Amend sec. 23, page 15, by deleting lines 30
and 31 and inserting: “amendments to or restatements of articles of
incorporation [, certificates of reinstatement] and documents for
dissolution is [$25]”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. NRS 84.120 is hereby amended to read as follows:
84.120 1. A resident agent who
wishes to resign shall [file] :
(a) File
with the Secretary of State a signed statement [for each corporation
sole] in the manner provided pursuant
to subsection 1 of NRS 78.097 that he is unwilling to continue to act
as the resident agent of the
corporation for the service of process [.] ; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected corporation sole appointing a successor resident agent for that corporation. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State, the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the corporation sole appointing a successor resident agent, the resigning resident agent shall immediately give written notice, by mail, to the corporation of the filing of the statement and its effect. The notice must be addressed to the person in whom is vested the legal title to property specified in NRS 84.020.
4. If a resident agent dies, resigns or removes from the State, the corporation sole, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the full name and complete street address of the new resident agent for the service of process, and may have a separate mailing address, such as a post office box, which may be different from the street address.
5. A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 84.130 and 84.140.”.
Amend sec. 26, page 16, line 42, after “change” by inserting: “of resident agent”.
Amend sec. 26, page 17, by deleting lines 4
through 13 and inserting: “part of or attached to the certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as
a result of a merger, conversion, exchange, sale, reorganization or amendment,
the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay
to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.”.
Amend the bill as a whole by adding a new section designated sec. 26.5, following sec. 26, to read as follows:
“Sec. 26.5. NRS 86.251 is hereby amended to read as follows:
86.251 1. A resident agent who
desires to resign shall [file] :
(a) File
with the Secretary of State a signed statement [for each
limited-liability company] in the
manner provided pursuant to subsection 1 of NRS 78.097 that he is
unwilling to continue to act as the resident
agent of the limited-liability company for the service of process [.]
; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS
78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected limited-liability company appointing a successor resident agent for that limited-liability company, giving the agent’s full name, street address for the service of process, and mailing address if different from the street address. A certificate of acceptance executed by the new resident agent must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the limited-liability company appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the limited-liability company of the filing of the statement and its effect. The notice must be addressed to any manager or, if none, to any member, of the limited-liability company other than the resident agent.
4. If a resident agent dies, resigns or moves from the State, the limited‑liability company, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the name, complete street address and mailing address, if different from the street address, of the new resident agent.
5. Each limited-liability company which fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its resident agent as provided in subsection 4, shall be deemed in default and is subject to the provisions of NRS 86.272 and 86.274.”.
Amend sec. 27, page 18, line 9, after “5.”
by inserting: “If a manager or managing
member of a limited-liability company resigns and the resignation is not made
in conjunction with the filing of an annual or amended list of managers and
managing members, the limited-liability company shall pay to the Secretary of
State a fee of $75 to file the resignation of the manager or managing member.
6.”.
Amend sec. 27, page 18, line 17, by deleting
“6.” and inserting “[6.] 7.”.
Amend sec. 27, page 18, line 20, by deleting
“7.” and inserting “[7.] 8.”.
Amend sec. 36, page 23, line 2, after “change” by inserting: “of principal office or resident agent”.
Amend sec. 36, page 23, by deleting lines 10
through 22 and inserting: “[The]
2. A certificate of acceptance [of its]
signed by the new resident agent must
accompany the certificate of change [.
2.] of resident agent.
3. A certificate of change of principal office or resident agent filed pursuant to this section must be:
(a) Signed by a managing partner of the registered limited-liability partnership; and
(b) Accompanied by a fee of [$30.] $60.
4. If the name of a resident agent is changed as
a result of a merger, conversion, exchange, sale, reorganization or amendment,
the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay
to the Secretary of State a filing fee of $100.
5. A change authorized by this section becomes effective upon the filing of the proper certificate of change.”.
Amend the bill as a whole by adding a new section designated sec. 36.5, following sec. 36, to read as follows:
“Sec. 36.5. NRS 87.500 is hereby amended to read as follows:
87.500 1. A resident agent [of
a registered limited-liability partnership] who wishes to resign shall [file]
:
(a) File
with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that
he is unwilling to continue to act as the resident agent of the registered
limited-liability partnership for the service
of process [.] ; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS
78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement by the affected registered limited-liability partnership appointing a successor resident agent. A certificate of acceptance signed by the new agent, stating the full name, complete street address and, if different from the street address, the mailing address of the new agent, must accompany the statement appointing the new resident agent.
3. Upon the filing of the statement with the Secretary of State, the capacity of the person as resident agent terminates. If the statement of resignation contains no statement by the registered limited-liability partnership appointing a successor resident agent, the resigning agent shall immediately give written notice, by certified mail, to the registered limited-liability partnership of the filing of the statement and its effect. The notice must be addressed to a managing partner in this state.
4. If a resident agent dies, resigns or removes himself from the State, the registered limited-liability partnership shall, within 30 days thereafter, file with the Secretary of State a certificate of acceptance, executed by the new resident agent. The certificate must set forth the full name, complete street address and, if different from the street address, the mailing address of the newly designated resident agent.
5. If a registered limited-liability
partnership fails to file a certificate of acceptance within the period
required by [this subsection,] subsection
4, it is in default and is subject to the provisions of NRS 87.520.”.
Amend sec. 37, page 24, line 8, after “3.”
by inserting: “If a managing partner of a
registered limited-liability partnership resigns and the resignation is not
made in conjunction with the filing of an annual or amended list of managing
partners, the registered limited-liability partnership shall pay to the
Secretary of State a fee of $75 to file the resignation of the managing
partner.
4.”.
Amend sec. 37, page 24, line 15, by deleting
“4.” and inserting “[4.] 5.”.
Amend sec. 37, page 24, line 18, by deleting
“5.” and inserting “[5.] 6.”.
Amend sec. 43, page 27, by deleting lines 1 and 2.
Amend sec. 43, page 27, line 3, by deleting “(g)” and inserting “(f)”.
Amend sec. 43, page 27, line 5, by deleting “(h)” and inserting “(g)”.
Amend sec. 53, page 31, line 37, by deleting
“change,” and inserting: “change [,]
of resident agent,”.
Amend sec. 53, pages 31 and 32, by deleting
lines 43 through 45 on page 31 and lines 1 through 7 on page 32, and
inserting: “part of or attached to the certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as
a result of a merger, conversion, exchange, sale, reorganization or amendment,
the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay
to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.”.
Amend the bill as a whole by adding a new section designated sec. 53.5, following sec. 53, to read as follows:
“Sec. 53.5. NRS 88.332 is hereby amended to read as follows:
88.332 1. [Any person who has
been designated by a limited partnership as its] A resident agent [and who thereafter] who desires to resign shall [file] :
(a) File
with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that
he is unwilling to continue to act as the resident agent of the limited
partnership [.] for the service of
process; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS
78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement by the affected limited partnership appointing a successor resident agent for the limited partnership. A certificate of acceptance executed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent.
[2.] 3. Upon the filing of the
statement with the Secretary of State , the
capacity of the person as resident agent terminates. If the statement of
resignation does not contain a statement by the limited partnership appointing
a successor resident agent, the resigning agent shall immediately give written
notice, by mail, to the limited partnership of the filing of the statement and
the effect thereof. The notice must be addressed to a general partner of the
partnership other than the resident agent.
[3.] 4. If a designated
resident agent dies, resigns or removes from the State, the limited
partnership, within 30 days thereafter, shall file with the Secretary of State
a certificate of acceptance, executed by the new resident agent. The
certificate must set forth the full name, complete street address and, if
different from the street address, mailing address of the newly designated
resident agent.
[4.] 5. Each limited
partnership which fails to file a certificate of acceptance executed by the new
resident agent within 30 days after the death, resignation or removal of its
resident agent as provided in subsection [3] 4 shall be deemed in default and is subject to the provisions of
NRS 88.400 and 88.405.”.
Amend sec. 57, page 34, line 35, after “4.” by inserting: “If a general partner of a limited partnership resigns and the
resignation is not made in conjunction with the filing of an annual or amended
list of general partners, the limited partnership shall pay to the Secretary of
State a fee of $75 to file the resignation of the general partner.
5.”.
Amend sec. 57, page 34, line 43, by deleting “5.” and inserting “6.”.
Amend sec. 57, page 35, line 3, by deleting “6.” and inserting “7.”.
Amend sec. 57, page 35, line 8, by deleting “7.” and inserting “8.”.
Amend the bill as a whole by adding a new section designated sec. 62.5, following sec. 62, to read as follows:
“Sec. 62.5. NRS 88A.530 is hereby amended to read as follows:
88A.530 1. A resident agent who
desires to resign shall [file] :
(a) File
with the Secretary of State a signed statement [for each business trust
for which] in the manner provided
pursuant to subsection 1 of NRS 78.097 that he is unwilling to
continue to act [.] as the
resident agent of the business trust for the service of process; and
(b) Pay
to the Secretary of State the filing fee set forth in subsection 1 of NRS
78.097.
A
resignation is not effective until the signed statement is [so filed.] filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected business trust appointing a successor resident agent. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State, the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the business trust appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the business trust of the filing of the statement of resignation and its effect. The notice must be addressed to a trustee of the business trust other than the resident agent.
4. If its resident agent dies, resigns or removes from the State, a business trust, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by a new resident agent. The certificate must set forth the full name and complete street address of the new resident agent, and may contain a mailing address, such as a post office box, different from the street address.
5. A business trust that fails to file a certificate of acceptance executed by its new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 88A.630 to 88A.660, inclusive.”.
Amend sec. 63, page 38, line 6, by deleting
“change,” and inserting: “change [,]
of resident agent,”.
Amend sec. 63, page 38, by deleting lines 13
through 22 and inserting: “agent must be a part of or attached to the
certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as
a result of a merger, conversion, exchange, sale, reorganization or amendment,
the resident agent shall:
(a) File
with the Secretary of State a certificate of name change of resident agent that
includes:
(1)
The current name of the resident agent as filed with the Secretary of State;
(2)
The new name of the resident agent; and
(3)
The name and file number of each artificial person formed, organized,
registered or qualified pursuant to the provisions of this title that the
resident agent represents; and
(b) Pay
to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.”.
Amend sec. 64, page 38, line 41, after “3.”
by inserting: “If a trustee of a business
trust resigns and the resignation is not made in conjunction with the filing of
an annual or amended list of trustees, the business trust shall pay to the
Secretary of State a fee of $75 to file the resignation of the trustee.
4.”.
Amend sec. 64, page 39, line 3, by deleting
“4.” and inserting “[4.] 5.”.
Amend sec. 75, page 45, line 18, by deleting
“$25,000.” and inserting “[$25,000.]
$35,000.”.
Amend sec. 76, pages 45 and 46, by deleting lines 40 through 45 on page 45 and lines 1 through 5 on page 46, and inserting: “desires to change its resident agent. A certificate of name change of resident agent must be filed in the manner provided in title 7 of NRS if the name of a resident is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment.”.
Amend sec. 80, page 48, by deleting lines 1 through 14 and inserting:
“[For a copy of any law, joint resolution, transcript
of record, or other paper on file or of record in his office, other than a
document required to be filed pursuant to title 24 of NRS, per page....... $1.00
For a copy of any document required to be filed
pursuant to title 24 of NRS, per page. .50]
For
certifying to [any such] a copy
of any law, joint resolution, transcript
of record or other paper on file or of record with the Secretary of State,
including, but not limited to, a document required to be filed pursuant to
title 24 of NRS, and use of the State Seal, for each impression [10.00] $20
For each passport
or other document signed by the Governor and attested by the Secretary of State [10.00] 10
[For a
negotiable instrument returned unpaid 10.00]”.
Amend sec. 80, page 49, line 1, by deleting
“$50,” and inserting “[$50,]
$62.50,”.
Amend sec. 82, page 50, line 40, by deleting
“6,” and inserting “[6,] 8,”.
Amend sec. 82, page 51, line 28, after “6.” by inserting: “The business license required to be obtained pursuant to this section
is in addition to any license to conduct business that must be obtained from
the local jurisdiction in which the business is being conducted.
7.”.
Amend sec. 82, page 51, line 35, by deleting “7.” and inserting “8.”.
Amend the bill as a whole by deleting sections 83 and 84 and the text of the repealed section and adding new sections designated sections 83 through 85 and the text of the repealed section, following sec. 82, to read as follows:
“Sec. 83. NRS 364A.160 is hereby repealed.
Sec. 84. The Secretary of State is hereby authorized, without obtaining further approval, to hire such additional personnel as are necessary to carry out the provisions of this act.
Sec. 85. 1. This section and sections 1, 2, 5 to 15, inclusive, 17 to 19.5, inclusive, 21 to 24, inclusive, 25, 27 to 35, inclusive, 37 to 52, inclusive, 54 to 62, inclusive, 64 to 75, inclusive, and 77 to 84, inclusive, of this act become effective on October 1, 2003.
2. Sections 3, 16, 20, 24.5, 26.5, 36.5, 53.5 and 62.5 of this act become effective:
(a) Except as otherwise provided in paragraph (b) or paragraph (b) of subsection 3, on October 1, 2003.
(b) On January 1, 2004, for the purpose of requiring a resident agent who desires to resign to file a statement of resignation for each artificial person formed, organized, registered or qualified pursuant to the provisions of title 7 of NRS for which the resident agent is unwilling to continue to act as the resident agent for the service of process.
3. Sections 4, 16, 26, 36, 53, 63 and 76 of this act become effective:
(a) Except as otherwise provided in paragraph (b) or paragraph (b) of subsection 2, on October 1, 2003.
(b) On January 1, 2004, for the purpose of requiring a resident agent to file a certificate of name change of resident agent if the name of the resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment.
TEXT OF REPEALED SECTION
364A.160 Exemption for natural person with no employees during calendar quarter. A natural person who does not employ any employees during a calendar quarter is exempt from the provisions of this chapter for that calendar quarter.”.
Amend the title of the bill by deleting the tenth through fifteenth lines and inserting: “fees; requiring a resident agent to file with the Secretary of State a certificate of name change of resident agent under certain circumstances; providing for the issuance of an order to cease and desist for failure to comply with certain provisions pertaining to business licenses; repealing the exemption from business tax provisions for a natural person who does not employ employees during a calendar quarter; authorizing the Secretary of State to hire additional personnel; making various”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 303.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 295.
Amend sec. 13, page 15, between lines 18 and 19, by inserting:
“5. For the purposes of subsection 2:
(a) “Employee”
does not include a volunteer or prospective volunteer.
(b) In any civil action brought against an employer with respect to a volunteer or prospective volunteer, the fact that the employer did not request notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 pursuant to NRS 179A.180 to 179A.240, inclusive, must not be considered as evidence of negligence or causation.”.
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. 312.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 202.
Amend section 1, page 1, line 6, by deleting “must” and inserting “may”.
Amend sec. 3, page 3, line 24, by deleting “must” and inserting “may”.
Amend the title of the bill, first line, by deleting “requiring” and inserting “authorizing”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes state and local governmental entities to accept consular identification card for purpose of identifying person under certain circumstances. (BDR 19‑823)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Senators Raggio, O'Connell, Townsend and Hardy requested that they be added to the introducers of Senate Bill No. 312.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Care moved that Senate Bill No. 218 be taken from the Second Reading File for the next legislative day and placed on the bottom of the Second Reading File.
Remarks by Senator Care.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 316.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 296.
Amend section 1, page 2, by deleting lines
18 through 21 and inserting: “statements have
been taken pursuant to subsection 1 or 2 in
support [thereof; or
(b) Incorporate by reference the affidavit or oral statement
upon which it is based. The warrant must command] of the grounds or probable cause for issuance of the warrant;”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 339.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 297.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 1, by deleting line 3 and inserting:
“Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a child under the age of 18 years shall not falsely”.
Amend sec. 2, page 1, between lines 6 and 7, by inserting:
“2. The provisions of this section do not apply to a child assisting in an inspection pursuant to NRS 202.2496.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 2 and 3.
Amend sec. 4, page 2, line 29, by deleting “2” and inserting “1”.
Amend sec. 5, page 4, line 38, by deleting “2” and inserting “1”.
Amend the title of the bill, by deleting the third and fourth lines, and inserting: “providing the juvenile division of the”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 358.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 205.
Amend the bill as a whole by deleting sec. 11 and renumbering sec. 12 as sec. 11.
Amend the title of the bill by deleting the fifth through eighth lines and inserting: “providing certain exceptions; and providing other matters properly relating”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 383.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 322.
Amend section 1, page 3, by deleting line 7 and inserting:
“(l) Any adult person who is employed by”.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend the title of the bill to read as follows:
“AN ACT relating to the protection of children; expanding the provisions governing the persons who are required to report the abuse or neglect of children to include any adult person who is employed by an entity that provides organized activities for children; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing mandatory reporting of abuse or neglect of children. (BDR 38‑194)”.
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. 384.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 207.
Amend the bill as a whole by deleting sections 1 through 19, renumbering sec. 20 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. 1. The Department of Motor Vehicles shall establish a pilot program to authorize a person to provide services of registration pursuant to this section.
2. Upon request, the Department may authorize a person to:
(a) Accept applications for the registration and renewal of registration of motor vehicles, and collect related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of chapter 482 of NRS; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399.
3. A person who is authorized to register motor vehicles, issue certificates of registration and renew the registration of a motor vehicle pursuant to subsection 2 shall:
(a) Transmit the applications he receives to the Department within the period prescribed by the Department;
(b) Except with respect to a fee authorized by subsection 4, transmit any fees or taxes he collects from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 6;
(d) Bear any cost of equipment which is necessary to issue certificates of registration or renew the registration of a motor vehicle, including, without limitation, any computer hardware or software; and
(e) Provide for any fee, bond or insurance which is necessary to carry out the provisions of this section.
4. In addition to any fees or taxes collected pursuant to this section, a person who is authorized to register motor vehicles, issue certificates of registration and renew the registration of a motor vehicle pursuant to subsection 2 may charge and collect a fee for the performance of services pursuant to this section.
5. A person who is authorized to register motor vehicles, issue certificates of registration and renew the registration of a motor vehicle pursuant to subsection 2 may not receive compensation from the Department for the performance of services pursuant to this section.
6. The Director of the Department
shall adopt such regulations as the Director determines are necessary to carry
out the provisions of this section.
Sec. 2. On or before January 1, 2004, the Director of the Department of Motor Vehicles shall adopt the regulations required by section 1 of this act.
Sec. 3. On or before February 1, 2007, the Director of the Department of Motor Vehicles shall submit to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature an interim report regarding the pilot program established pursuant to section 1 of this act.”.
Amend sec. 20, page 12, by deleting line 3 and inserting:
“Sec. 4. This act becomes effective on July 1, 2003, and expires by limitation on June 30, 2007.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to establish a pilot program to contract with persons to provide certain services relating to the registration of motor vehicles otherwise required to be provided by the Department; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Department of Motor Vehicles to establish pilot program to contract with persons to provide certain services otherwise required to be provided by Department. (BDR S‑1154)”.
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. 386.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 321.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sections 4 through 8 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, as a result of the incapacitation of the
patient or his inability to communicate, a patient of a medical facility,
facility for the dependent or home for individual residential care who is 18
years of age or older is unable to inform the staff of the facility or home of
the persons whom the patient authorizes to visit the patient at the facility or
home, the facility or home shall allow visitation rights in accordance with the
visitation policies of the facility or home to any person designated by the
patient in an affidavit executed in accordance with subsection 2.
2. A person 18 years of age or older wishing to
designate a person for the purposes of establishing visitation rights in a
medical facility, facility for the dependent or home for individual residential
care may execute an affidavit before a notary public in substantially the
following form:
State of Nevada }
}ss.
County of }
(Date)....................
I,
................, (patient who is designating another person as having
visitation rights of the patient) do hereby designate ................. (person
who is being designated as having visitation rights of the patient) as having
the right to visit me in a medical facility, facility for the dependent or home
for individual residential care. I hereby instruct all staff of a medical
facility, facility for the dependent or home for individual residential care in
which I am a patient to admit ...................(person who is being
designated as having visitation rights of the patient) to my room and afford
him or her the same visitation rights as are provided to members of my family
who are legally related to me during my time as a patient.
Subscribed and sworn to before me this ....
day of the month of ..... of the year....
.........................................
(Notary Public)
Sec. 2. NRS 449.730 is hereby amended to read as follows:
449.730 1. Every medical facility, facility for the
dependent and home for individual residential care shall inform each patient or
his legal representative, upon his admission to the facility or home, of the
patient’s rights as listed in NRS 449.700, 449.710 and 449.720 [.] , and section 1 of
this act.
2. In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his rights pursuant to NRS 449.765 to 449.786, inclusive.”.
Amend sec. 4, page 2, line 31, after “A person” by inserting: “18 years of age or older”.
Amend sec. 5, page 3, line 6, by deleting “4” and inserting “3”.
Amend sec. 6, page 3, by deleting lines 16 through 32 and inserting:
(a) A person designated as the person with authority to make an anatomical gift of all or part of the body of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 6;
(b) The spouse of the decedent;
[(b)] (c) An adult son or daughter of the decedent;
[(c)] (d) Either parent of the decedent;
[(d)] (e) An adult brother or sister of the decedent;
[(e)] (f) A grandparent of the decedent; and
[(f)] (g) A guardian of the person of the decedent at the time of
death.”.
Amend sec. 6, page 4, line 14, after “A person” by inserting: “18 years of age or older”.
Amend sec. 7, pages 4 and 5, by deleting lines 40 through 45 on page 4 and lines 1 through 8 on page 5 and inserting:
“(a) [The surviving spouse;
(b) A majority of the adult children;
(c) The living parents jointly; or
(d) The decedent’s guardian or personal
representative.] A person designated
as the person with authority to order the cremation of the human remains of the
decedent in a legally valid document or in an affidavit executed in accordance
with subsection 5;
(b) The
spouse of the decedent;
(c) An
adult son or daughter of the decedent;
(d) Either
parent of the decedent;
(e) An
adult brother or sister of the decedent;
(f) A
grandparent of the decedent; and
(g) A guardian of the person of the decedent at the time of death.”.
Amend sec. 7, page 5, line 22, after “A person” by inserting: “18 years of age or older”.
Amend the title of the bill, first line, by deleting “health care;” and inserting “public health;”.
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. 390.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 262.
Amend section 1, page 1, by deleting lines 6 and 7 and inserting: “teach in the classroom as follows:”.
Amend section 1, page 1, between lines 11 and 12 by inserting: “At least one member appointed pursuant to this subsection must hold certification issued by the National Board for Professional Teaching Standards.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. On or before February 1, 2005, the Department of Education shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature that includes, for the current school year:
(a) The total number of teachers licensed pursuant to chapter 391 of NRS who hold certification issued by the National Board for Professional Teaching Standards, reported separately for teachers who teach:
(1) In a secondary school.
(2) In a middle school or junior high school.
(3) In an elementary school.
(4) Special education.
(b) The percentage of members who serve as teachers on the Commission on Professional Standards in Education and are certified by the National Board for Professional Teaching Standards.
2. On or before February 1, 2007, the Department of Education shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature that includes the information described in paragraphs (a) and (b) of subsection 1 for the current school year.
Sec. 3. The amendatory provisions of section 1 of this act apply to appointments to the Commission on Professional Standards in Education made on or after:
1. July 1, 2003, to fill a vacancy of a member who serves as a teacher, which vacancy is created other than by expiration of a term.
2. January
1, 2007, to fill a vacancy of a member who serves as a teacher, which vacancy
is created by expiration of a term.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; requiring at least one person who serves on the Commission on Professional Standards in Education as a teacher to hold certification issued by the National Board for Professional Teaching Standards; requiring the Department of Education to submit certain reports to the Legislature concerning the number of teachers who are certified by the National Board and the percentage of teachers on the Commission who are certified; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing membership of Commission on Professional Standards in Education. (BDR 34‑892)”.
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. 395.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 235.
Amend sec. 7, page 4, by deleting line 20 and inserting:
“12. [Repeatedly
failed] Failed without excuse to”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 427.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 236.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 5 as sections 1 through 4.
Amend the bill as a whole by deleting sec. 6 and renumbering sections 7 through 12 as sections 5 through 10.
Amend sec. 7, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:
“6. If an applicant brings a civil action against the Board for denial of a license and the decision of the Board is upheld, the Board may recover all administrative expenses and attorney’s fees and costs incurred by the Board in defending the action brought against it.”.
Amend the bill as a whole by deleting sec. 13, renumbering sections 14 through 16 as sections 12 through 14 and adding a new section designated sec. 11, following sec. 12, to read as follows:
“Sec. 11. NRS 638.145 is hereby amended to read as follows:
638.145 The Board shall not refuse to issue a license to an applicant or
take any disciplinary action [except upon satisfactory proof] against a licensee unless the Board finds,
by a preponderance of the evidence, that the applicant or licensee has
engaged in one or more of the practices prohibited by the provisions of this
chapter.”.
Amend sec. 15, page 8, by deleting lines 31 through 40 and inserting:
“638.1515 1. In any proceeding before the Board:
[1.] (a) Proof of actual injury need not be established where the [statement
of findings charges] charge is
deceptive or unethical professional conduct.
[2.] (b) If proof of actual injury
is an issue, proof of actual injury may be established by the testimony and
opinion of a witness who is not an expert witness.
(c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.
2. As used in this section, “actual injury” means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.”.
Amend sec. 16, page 8, by deleting line 41 and inserting:
“Sec. 14. NRS 638.1426 is hereby”.
Amend the bill as a whole by deleting the text of repealed sections and adding the text of the repealed section to read as follows:
“
TEXT OF REPEALED SECTION
638.1426 Stay by court of Board’s summary order for suspension prohibited; exception. If the Board issues an order summarily suspending the license of a veterinarian or veterinary technician pending proceedings for disciplinary action, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as practicable.”.
Amend the title of the bill to read as follows:
“AN ACT relating to veterinarians; eliminating the requirement that a complaint filed with the Nevada State Board of Veterinary Medical Examiners must be verified; revising provisions governing the educational requirements for a license to practice veterinary medicine; eliminating the requirement that an application for the renewal of a license must be notarized; revising the procedure for the disposition of complaints filed with the Board; and providing other matters properly relating thereto.”.
Senator Carlton moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 450.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 285.
Amend sec. 13, page 8, line 17, by deleting “8, inclusive,” and inserting: “6, inclusive, 8,”.
Amend sec. 13, page 8, line 24, by deleting: “Section 9 of this act becomes” and inserting: “Sections 7 and 9 of this act become”.
Amend the title of the bill, second line, after “adopt” by inserting “regulations concerning”.
Senator Tiffany moved the adoption of the amendment.
Remarks by Senator Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 19.
Bill read second time and ordered to third reading.
Assembly Bill No. 42.
Bill read second time and ordered to third reading.
Assembly Bill No. 58.
Bill read second time and ordered to third reading.
Assembly Bill No. 111.
Bill read second time and ordered to third reading.
Assembly Bill No. 177.
Bill read second time and ordered to third reading.
Assembly Bill No. 201.
Bill read second time and ordered to third reading.
Assembly Bill No. 306.
Bill read second time and ordered to third reading.
Senate Bill No. 218.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 330.
Amend sec. 3, pages 1 through 4, by deleting lines 11 through 13 on page 1, lines 1 through 45 on page 2, lines 1 through 44 on page 3 and lines 1 through 43 on page 4, and inserting:
“179B.250 1. The Department shall, in a manner prescribed by the Director, establish within the Central Repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.
2. [Before
a search of the statewide registry is conducted on behalf of a requester
seeking information from the program, the requester must provide his name,
address and telephone number and the following information concerning the
identity of the subject of the search:
(a) The name of the subject of the search
and at least one of the following items:
(1) The social security number of the
subject of the search;
(2) The identification number from a
driver’s license or an identification card issued to the subject of the search
by this state; or
(3) The date of birth of the subject
of the search; or
(b) The name and address of the subject
of the search and all of the following items:
(1) The race or ethnicity of the
subject of the search;
(2) The hair color and eye color of
the subject of the search;
(3) The approximate height and weight
of the subject of the search; and
(4) The approximate age of the
subject of the search.
After
conducting a search based upon information provided pursuant to paragraph (a)
or (b), the Central Repository may require the requester to provide additional
information to confirm the identity of the subject of the search. The
additional information may include, but is not limited to, the license number
from a motor vehicle frequently driven by the subject of the search, the
employer of the subject of the search or any information listed in paragraph
(a) or (b) that was not provided for the initial search.
3. After conducting a search of the statewide registry on behalf of a
requester,] For each inquiry to the
program, the requester must provide:
(a) The name of the subject
of the search;
(b) Any alias of the
subject of the search;
(c) The zip code of the
residence, place of work or school of the subject of the search; or
(d) Any other information
concerning the identity or location of the subject of the search that is deemed
sufficient in the discretion of the Department.
3. For each inquiry to the program, made by the
requester, the Central Repository shall:
(a) Explain the levels of
notification that are assigned to sex offenders pursuant to NRS 179D.730; and
(b) Explain that the
Central Repository is prohibited by law from disclosing information concerning
certain offenders, even if those offenders are listed in the statewide
registry.
4. If an offender listed in the statewide
registry matches the information provided by the requester concerning the
identity or location of the subject of the search, the Central Repository:
(a) Shall disclose to the
requester information concerning an offender who is assigned a Tier 3 level of
notification.
(b) May, in the discretion
of the Department, disclose to the requester information concerning an offender
who is assigned a Tier 2 level of notification.
(c) Shall not disclose to
the requester information concerning an offender who is assigned a Tier 1 level
of notification.
5. After each inquiry to the program made by the requester, the Central Repository shall inform the requester that:
(a) No [person] offender listed in the statewide registry matches the information
provided by the requester concerning the identity or location of the subject of the search;
(b) The search of the
statewide registry has not produced information that is available to the public
through the statewide registry;
(c) The requester needs to provide additional information concerning the identity or location of the subject of the search before the Central Repository may disclose the results of the search; or
[(c) A person]
(d) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository:
(1) Shall inform the
requester of the name or any alias of the offender and the zip codes of the
residence, work place and school of the offender.
(2)
Shall inform the requester of each offense for which the [subject of the
search] offender was convicted , describing each offense in language that
is understandable to the ordinary layperson, and the date and location of
each conviction.
[(2)] (3) Shall inform the requester of the age of the
victim and offender at the time of each offense.
(4)
May, through the use of a secure website on the Internet or other
electronic means of communication, provide the requester with a photographic
image of the [subject of the search] offender
if such an image is available.
[(3)] (5) Shall not provide the requester with any other information
that is included in the record of registration for the [subject of the
search.
4.] offender.
6.
For each inquiry to the program, the
Central Repository shall [:
(a) Charge a fee to the requester;
(b) Maintain] maintain a log of the information provided by the requester to the
Central Repository and the information provided by the Central Repository to
the requester . [; and
(c) Inform the requester that information
obtained through the program may not be used to violate the law or the
individual rights of another person and that such misuse of information
obtained through the program may subject the requester to criminal prosecution
or civil liability for damages.
5.] 7. A person may not use
information obtained through the program as a substitute for information
relating to sexual offenses that must be provided by the Central Repository
pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.
8. The provisions of this section do not prevent
law enforcement officers, the Central Repository and its officers and
employees, or any other person from:
(a) Accessing information
in the statewide registry pursuant to NRS 179B.200;
(b) Carrying out any duty
pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 307.
Bill read third time.
Remarks by Senator Wiener.
Senator Wiener requested that her remarks be entered in the Journal.
Thank
you, Madam President and members of the Senate. If you are sitting at your desk
wondering if you are experiencing déjà vu with this issue, you are correct. Let
me give you a brief history.
In
1999, the Legislature passed a comprehensive bill on Fetal Alcohol Syndrome
(FAS). Last session, I wanted to expand the opportunity to provide education by
requiring warning signs where liquor is sold by the drink. As we all know, the
legislative process can be both interesting and frustrating at times. With
minor changes required along the way, we finally got a version that would work.
It was approved by the Assembly and only needed to get back to the Senate for a
concur vote. Unfortunately, the Assembly approved their amended version while
both Houses were in the final floor sessions on the last day, and it could not
get back to the Senate for the concur vote.
Senate
Bill No. 307 is my effort to get signs posted wherever liquor is sold by the
drink. Last session, the March of Dimes offered to print enough signs for
statewide distribution. In the interim, the March of Dimes made good on their
commitment. The organization printed and the Health Division distributed 3,500
signs. These signs can be seen in establishments across the State that
volunteered to post them.
When
I first started with this issue in 1999, it was estimated that FAS imposed an
additional cost to society of $1.5 million per child. The most recent
recalculation includes costs to the family, additional health care costs, as
well as juvenile and criminal justice expenses. The newest estimates elevate
the price tag to an astronomical $4 million of additional lifetime expenditures
per FAS child. Most of this cost is carried by the taxpayer. What is essential
to remember is this; we can completely avoid this multi-million dollar burden
because FAS is 100 percent preventable. To prevent it, mom just cannot
drink during pregnancy.
No
one knows which drink triggers Fetal Alcohol Syndrome. Several years ago,
doctors told their pregnant patients, “Only heavy or frequent drinkers produce
FAS in their unborn children.” Four years ago, medical professionals told their
pregnant patients, “You can have a drink once in awhile to calm your nerves.”
Today, the message has evolved to, “If you are pregnant, or thinking about
getting pregnant, do not drink.”
We
know that, conservatively, at least one percent of the population has FAS. This
means that at least 21,000 people in Nevada, 15,000 of them in Clark County,
could have been saved from this preventable, lifelong damage if, during
pregnancy, their moms had not consumed alcohol.
Certainly,
prevention is what it takes to stop Fetal Alcohol Syndrome. It would be easy to
say it is the health care professional’s job to educate women about the risks
of drinking during pregnancy. This is true, in part. Of course, we cannot
presume that, at some point, the baby would sober up. Let me make it very clear
for all of us what FAS really is.
Fetal
Alcohol Syndrome is not just an irreversible birth defect. Fetal Alcohol
Syndrome is brain damage. A baby born with FAS will not sober up. A baby born
with FAS will not get better. A baby born with FAS will live forever with the
overwhelming and negative consequences of his or her mother’s drinking alcohol
during pregnancy.
FAS
is a major health care problem. It has a significant impact on our health care
system. It also has a substantial impact on our juvenile and criminal justice
system. Experts tell us that FAS youths comprise 50 to 60 percent of our
juvenile justice population. A large percentage of FAS juveniles become adult
criminals. Why? Again, we need to remember that FAS cannot be cured.
But,
we can prevent it. We can start preventing it now. We, as Legislators, have the
opportunity to reduce the incidence of FAS with Senate Bill No. 307. We can
require the posting of alerts about the dangers of drinking alcohol during
pregnancy at places where consumption by the drink occurs. We can provide this
FAS message to many women who, often for the first time, will learn about this
preventable risk when they are in an environment where they are consuming alcohol.
Madam President and members of the Senate, rarely do we have such
a profound opportunity to prevent an irreversible health problem. We can
prevent FAS. Senate Bill No. 307 will help us take a large step forward in
getting the word out to the moms and moms-to-be about one critical way to
protect their unborn children. It is for these reasons that I urge your support
for Senate Bill No. 307.
Roll call on Senate Bill No. 307:
Yeas—20.
Nays—Hardy.
Senate Bill No. 307 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 419.
Bill read third time.
Roll call on Senate Bill No. 419:
Yeas—20.
Nays—Carlton.
Senate Bill No. 419 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 484.
Bill read third time.
Roll call on Senate Bill No. 484:
Yeas—21.
Nays—None.
Senate Bill No. 484 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Titus gave notice that on the next legislative day she would move to reconsider the vote whereby Senate Bill No. 419 was this day passed.
Senator Raggio moved that the Senate recess until 4:45 p.m.
Motion carried.
Senate in recess at 12:26 p.m.
SENATE IN SESSION
At 5:02 p.m.
President Hunt presiding.
Quorum present.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Human Resources and Facilities, to which were referred Assembly
Bills Nos. 6, 302, 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. 234, 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 Transportation, to which was referred Senate Bill No. 483, 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
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 5:03 p.m.
SENATE IN SESSION
At 5:15 p.m.
President Hunt presiding.
Quorum present.
MOTIONS,
RESOLUTIONS AND NOTICES
The Sergeant at Arms announced that Assemblywoman Giunchigliani and Assemblyman Goicoechea were at the bar of the Senate. Assemblywoman Giunchigliani invited the Senate to meet in Joint Session with the Assembly to hear Representative Jon Porter.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 5:16 p.m.
IN JOINT SESSION
At 5:21 p.m.
President Hunt presiding.
The Secretary of the Senate called the Senate roll.
All present except Senators Coffin, Mathews, Neal and Townsend, who were excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblywoman Gibbons, Assemblyman Goldwater and Assemblywoman Ohrenschall, who were excused.
Madam President appointed a Committee on Escort consisting of Senator Tiffany and Assemblyman Griffin to wait upon the Honorable Representative Jon Porter and escort him to the Assembly Chamber.
Representative Jon Porter delivered his message as follows:
Message
to the Legislature of Nevada
Seventy-second
Session, 2003
Thank
you, Mr. Speaker, Governor Guinn and Mrs. Guinn, Lt. Governor Hunt, Majority
Leaders Raggio and Buckley, Minority Leaders Titus and Hettrick, Secretary of
State Heller, Attorney General Sandoval, Treasurer Brian Krolicki, Controller
Augustine, Members of the Court, fellow Legislators, distinguished guests, my
fellow Nevadans and friends. That was the formal version. Now, I would like to
introduce you the way I would like, and that is, Governor, it is good to see
you; Dean, Brian, Richard, Dina, thank you all very much. It is truly good to
be back home. I miss you all. I
can remember the last time I was here, sitting out there with you. I was bored
to death wishing the speech would be over fast. Now, I ask that you bear with
me. I promise I won’t take more than a couple of hours.
It has been three months and thirteen days since I was sworn in
as the first Congressman representing the newly created Third District of
Nevada. Even though my office address has shifted a few zip codes, my code of
ethics and my work ethics are still the same. The Third District office belongs
to the people of Nevada. It’s your office, and my door is always open to you. I
encourage you stop by and meet your staff at my office in Washington. I want to
express my appreciation to my colleagues, the other members of Nevada’s
delegation: Senator Harry Reid, Senator John Ensign, Congressman Jim Gibbons
and Congresswoman Shelley Berkley. We may have our differences from time to
time, but we have one voice when it comes to Nevada. It is a great team, and I am
proud to be a part of it.
I would like to share one humbling experience of my first few
days in office. Finding your way through the maze of halls, hideaways and
basement corridors of Capitol Hill can be mind-boggling at times. I am sure you
new members of the Legislature understand what I mean. One particular morning,
I was supposed to be in a briefing for Republicans. So, I walked into the room,
and the meeting had already started. I thought, boy, these people are on the
ball; they actually are in the room, in their seats, and I was impressed. I got
a cup of coffee, sat down and started to listen to the message. A couple of
moments later, I realized that something didn’t sound quite right. The next
thing I know this young woman walked over to me and said “Congressman, you are
in the wrong meeting. This meeting is for the Democrats. What are you doing
here?” I told her that I was building
bridges!
Now that I’ve been in office, I have my committee
assignments. I have the honor of serving on two committees I believe are key to
Nevada’s needs: The Education and Workforce Committee and the Transportation
and Infrastructure Committee. My service on these committees means that I come
into contact with countless Nevadans working on various projects. I must give special
thanks to Mike Pieper from the Governor’s Washington Office for all the work he
does to help facilitate these meetings and his efforts representing Nevada’s
many needs.
My service in Congress brings with it an awesome responsibility
that is being tested right now as we speak. For the last few months, we have
all been following Operation Iraqi Freedom. For months, we’ve all suffered from
the pangs of anxiety as our soldiers headed off to war. We’ve all been touched
by the images of wives kissing their husbands goodbye and children giving daddy
or mommy one more great big hug for luck. When the war started, we all gathered
around our TVs and were truly breathless with the power and force of the “Shock
and Awe” campaign. Just last week we witnessed the triumph of freed Iraqis as
they tore down the statues of their oppressor, Saddam-Hussein. And sadly,
together, we’ve bowed our heads to pay honor to our brave heroes who gave their
lives in the name of freedom.
Yesterday, I hosted a town hall meeting in Henderson with Army
Deputy Chief of Staff, General Richard Cody. He came out from the Pentagon to
brief residents of southern Nevada on the latest on Operation Iraqi Freedom. He
talked about the dedication of the troops in the field. Many of those troops offering
to reenlist while they are on duty today. We must continue to support our
troops. I applaud President Bush, who requested $75 billion to pay for the war.
This past Saturday, Congress increased his request to $80 billion. I was there,
and I voted for it.
Even though I was not a member of Congress when the war
resolution passed, there isn’t a day that goes by that I don’t personally carry
the weight of responsibility for every man and woman in uniform in our
military. Recently, we lost two of Nevada’s bravest soldiers. On Monday, I
attended a memorial service at Arlington National Cemetery for First Lt.
Frederick Pokorney from Nye County. A few days before, I was on the phone with
his adopted father, Wade Lieske. Wade told me that his son was a great man and
a brave soldier.
Sadly, the other day, we learned about the tragic
death of another brave soldier from right up the road in Sparks. Lance Corporal
Donald J. Cline, Jr. was only 21 years old. He left behind a wife and two
children. Also, we recently learned three Marines from Nevada were injured in
battle, and our prayers go out to them. No words can express our heartfelt
sorrow for all that they sacrificed in the name of freedom. No award can touch
the depths of their heroism. No words can express our appreciation for their
courage.
Earlier this year, Nevada’s family faced another tragedy when the
McCool family from my district in Las Vegas lost their son, Astronaut Commander
Willie McCool, in the Columbia Shuttle disaster. Our soldiers and our astronauts
are all heroes, and we honor their sacrifices. It is during these sobering
times that the indomitable resilience
of Nevadans shines through. We rally together to support each other and our
community during a crisis. That is what makes me so proud to be a
Nevadan. It is the spirit of support and sacrifice that is the measure of who
we are. It is the spirit of all Nevadans. On the Nevada state seal, on the door
of my office in Washington, D.C., are the words, “All For Our Country.” It speaks to who we are as Nevadans and as
citizens. It is the best we have to offer.
This is not the first time we have faced uncertain times. I was
Mayor of Boulder City when an explosion at a plant in Henderson nearly crippled
our whole southern Nevada community. And more recently, our entire Nation’s
resilience was tested in the days following September 11, 2001. While Nevada
was not physically attacked by the terrorists, the residual effects of their
evil deeds nearly shutdown our economy. Business owners were forced to put
“closed for business” signs in their storefronts. Tens of thousands of Nevadans
were out of work. But in less than two months, through planning, hard work and
working together, we turned things around. Business owners were once again
putting “open for business” signs back in their windows. That is resilience.
Our unique Nevada spirit and resilience can be found
again, today, while our Nation is at war. Several businesses have answered the
call to share and support families who have loved ones in the battlefield. I
want to take a moment to recognize a few of those businesses like UPS, Bank of
America, Mail Boxes, Etc.; MGM and numerous other businesses for helping,
donating supplies, discounts and other items to the families who need help.
As we fight the war, we are reminded of the future needs of these
brave soldiers, sailors, marines, airmen and the needs of those who have
sacrificed in the past. I cosponsored legislation to end the indefensible ban
against concurrent receipt of veterans and military retirement benefits. The
House has just passed legislation to lower taxes for our soldiers on active
duty. I will continue to work for a new veterans' hospital for Clark County,
expand and maintain our veterans' cemetery, and continue to work to ensure the
success of the new veterans' home in Boulder City. Congress has funded
veterans' programs at $64 billion. That is an 11 percent increase over last
year, plus an additional $30 billion and a 13 percent increase for other
programs. I want to see all of America’s veterans receive the recognition,
support and respect they deserve.
Even though Nevada is thousands of miles away from the war zone,
our homeland security is a critical issue. Now, more than ever, we look to
those men and women who will protect us day to day, our first responders. I am
talking about the police officers, firefighters and those whose daily job is
security here on the home front. I invited the new chairman of the House
Homeland Security Committee, Hal Rogers, to come to Nevada next month to meet
with our first responders, including our state’s Homeland Security Director,
Jerry Bussle. I’d like to take a moment and applaud Jerry Bussle for his work.
Jerry has been extremely responsive to Congress, and I can’t tell you how
important that is. He is doing a tremendous job keeping us informed about
security issues. I thank him for his service to Nevada. As Jerry will tell you,
his work has just begun. Just yesterday, he brought in other Western state
homeland security directors to the test site and held a workshop of sorts to
help with the national security efforts. To assist Jerry and other first
responders with homeland security, last weekend Congress set aside nearly $7
million for Nevada’s homeland security which just about doubles last year’s
appropriations.
I would also like to extend my appreciation to members of the
National Guard. Some 800 members of the guard have been dispatched to
Operation Iraqi Freedom. They have been a major part of the war. I also want to
recognize the Guard’s Adjutant General, Giles Vanderhoof, who is here this
evening. I recently visited the facilities in North Las Vegas, and I am
impressed with your leadership, General. You have maintained, through the
years, a professionalism that is unsurpassed. Last week, we recognized General
Vanderhoof and his service in the Congressional Record of the House of
Representatives.
The war is on the forefront, but the economy is on everyone’s
mind. What will the war do to our economy? What has the war done to our
economy? It’s no secret we are all suffering from the current economic
situation. I know you are in the midst of a budget crunch that may seem
insurmountable, but take a deep breath. You will find a solution. The debate
and dialogue you are engaged in is part of the process. I am confident you all
will do what is best for the State. You know, Washington could learn a lot from
Nevada. While it may seem as though you are a contentious group, you really do
get along, and you will get the job done. At the end of the day, you are going
to come together and do the right thing.
When it comes to our Nation’s economy, President Bush has
proposed a variety of economic initiatives to strengthen the economy and create
jobs. The goal from the White House is 1.4 million jobs in America,
including 7,000 jobs here in Nevada, while, at the same time, we target waste,
fraud and abuse within the government. Recently, I was honored to author and
pass out of committee a key piece of President Bush’s stimulus package. It
meant a lot to me that leadership asked our office to carry such an important
piece of legislation in our first days in office. We introduced H.R. 444, the
Back to Work Incentive Act of 2003 or the Back to Work Bill, at the end of
January. Simply put, the bill creates personal re-employment accounts of up to
$3,000 to help the unemployed get back to work. Back to work accounts offer a
new, innovative approach designed to provide the unemployed with additional
flexibility, greater choice and more control over their employment search. It
also offers a re-employment bonus for those who find a job quickly.
More than a month ago, I asked the Education and Workforce
Committee to hold a hearing in Las Vegas at one of our One Stop Centers.
Chairman John Boehner and subcommittee member Buck McKeon attended the hearings
and toured the One Stop Center near downtown Las Vegas. During the hearing,
state employment officials testified that helping Nevadans get back to work
just one week earlier would save Nevada’s trust fund $8 million a year.
Many of you who know me, understand my passion for education. My
wife, Laurie, who is here tonight, is a former librarian and school teacher.
Education continues to be a top priority for me in Congress. First, our State’s
explosive growth is not recognized by federal education formulas or by members
of the House. I commend Senator John Ensign and his aggressive efforts to amend
the funding formulas to ensure that Nevada’s students get their fair share of
education dollars. On the House side, I have personally brought this issue to
the attention of the Speaker of the House, Dennis Hastert; Majority Leader, Tom
Delay; Secretary of Education, Rod Paige; and Chairman of Education, John
Boehner. Now, they are aware that Nevada’s school children may not be able to
play sports or music or explore the arts because these programs are in danger
of being cut. They’ve heard about the struggles, and we are working together to
find a solution.
Last week, I offered an amendment to increase the spending levels
for special education funding, or properly titled, the Individuals with
Disabilities Act (IDEA). The increase would result in the federal government
paying for an unprecedented 21 percent of the per-pupil cost of special
education funding in this country. In overall education spending, Congress just
passed a $56.1-billion education budget. That marks a $3-billion increase over
2003 alone.
There are two other issues involving children’s safety. Last
week, Speaker of the House, Hastert, and Education Committee Chairman, Boehner,
asked me to serve as a conferee for the Keeping Children and Families Safe Act
of 2003. This legislation will provide a safety net and prevent child abuse and
family violence before it occurs. It protects and treats abused and neglected
children and victims of family violence. As a new member of Congress, it is an
honor to sit on the committee with senior senators and senior members of the
House, to iron out our differences and ultimately pass a bill that will protect
our children.
While we are making strides to bring education to the excellent
levels that we all seek to attain, there is still much work to be done. An
educator in southern Nevada approached me with a concern that only a parent can
understand. It involves safety in the classroom. The legislation I propose will
call for a nationwide network of checks and balances for educators who apply to
teach in Nevada. Now, I know that most of the teachers we have here are
outstanding but, too often, schools outside of Nevada do not provide adequate
background information on applications. Our State needs more than 2,000 new
teachers a year, and we want the best for our students.
I’d like you to ponder this thought as you all deliberate on ways
to improve education in Nevada. My principles regarding the role of government
hold true more than ever with education. The government closest to the people
best serves the people. Having been a member of this esteemed body for eight
years, I still feel a sense of responsibility for its outcome. I truly believe
it is time for the funding of schools to be partially determined by local
school boards. For years, I have watched the finger pointing and allegations,
the attempt by some to insist that certain elected officials don’t care about
kids. I can even remember reading a cartoon in the Las Vegas Review Journal.
It showed a student standing in the middle of a crowd of people with a big
question mark over his head. In this crowd of people, in a circle, there was a
parent pointing a finger at the school board, pointing a finger at the
superintendent, pointing a finger at the Legislature and pointing a finger at
the Governor. It was all about funding of education and who was to blame.
I believe that it is the right time to give local school boards
the responsibility to determine how much they need and the tools they need to
fund education. I believe, collectively, that they can do that under the Nevada
Plan and, collectively, they will make the right choices. School board members
were elected to make decisions because they are closest to parents and
students. They truly have a better feel for what is needed than Carson City or
Washington, D.C.
Another bill I am especially proud of supporting is
the Child Abduction Prevention Act of 2003, which includes the highly
publicized Amber Alert System. The Amber Alert will provide law enforcement
with the coordinated effort they need in the crucial early moments in the
search for a missing child. Speaker Perkins, you deserve a lot of credit and
recognition for your work for Nevada’s own Amber Alert legislation. Now federal
legislation will offer a boost to Nevada’s system. The federal legislation
authorizes $25 million to state and local jurisdictions for highway signage,
education and training programs, and equipment to help build the best Amber
Alert System in every state. I applaud you, Richard.
Nevada’s transportation needs are growing, and those needs call
for federal assistance. As a member of the House Transportation and
Infrastructure Committee, I will be a part of the reauthorization of TEA-21,
the Federal Highway and Transit Bill; and Air-21, the Aviation Bill. I really
can’t go any further without saying that House Transportation Committee
Chairman, Don Young, is a great friend to Nevada. He has made several trips to
our State and is keenly aware of our transportation needs. Our number one
transportation priority as Nevadans is to ensure that our State continues to
receive its fair share of federal transportation funds, both absolutely and
relatively. I am working with NDOT, regional planning organizations and cities
to make sure that our needs are met here in Nevada. Along with my colleagues, I
have submitted more than a billion dollars in urgent transportation needs
before Congress. These are our dollars. They should come back to us in Nevada.
And, without adequate investment in our transportation system, we cannot expect
to attract the residents and the tourists that our economy needs.
For months, Nevadans have been dealing with what the rest of the
country is now facing. In more than a dozen states, hospital emergency rooms
have been forced to shut their doors and doctors have been forced to leave
their patients. The Governor and the Nevada Legislature should be commended for
its work to slow the flight of doctors from our State. We in Congress are also
aware of the problem. I’m proud to have spoken and voted for H.R. 5, a bill
that will cap growing liability costs for our doctors. I urge my colleagues in
the U.S. Senate to take up this bill and act as quickly as possible.
Since the beginning of my public service, for nearly two decades,
I have been fighting against the storage of deadly nuclear waste in Nevada’s
backyard. And my resolve remains the same. While we have many legal hurdles
left to cross, please know that we are focused on the health and safety of all
Nevadans, first and foremost. It seems that on so many things we do as
representatives back in Washington we are on the defensive, from Yucca Mountain
to protecting our State’s number one industry, gaming. On that front, it seems
the NCAA Betting-Ban Bill has been brought back to life. Know that our Nevada
team is united, and we will lobby other members and educate them on the short
sightedness of this proposed legislation.
Working to help seniors is one of my highest priorities, and I am
pleased to have been involved in bringing about legislation to meet their needs
and give them the benefits they deserve. Congress has passed a budget that will
create a Medicare prescription drug program. The Speaker of the House has
appointed me to his Seniors Prescription Drug Action Team. Our job is to lead
the charge, nationwide, to move a prescription drug benefit through the House
of Representatives. The Speaker is aware of the Governor’s success with Nevada’s
Senior RX Program. I hope my input will take Nevada’s success to the federal
level. Congratulations, Governor. Our seniors shouldn’t have to choose between
paying their rent or buying medicine they desperately need. Our seniors should
never have to forgo lifesaving medicine because of the cost.
In closing, last week, I had the opportunity to visit with
soldiers who were recuperating from the war at Walter Reed Army Hospital and at
Bethesda Naval Hospital. I had to find a way to thank them for their courage
and sacrifices. When you look at these soldiers in their hospital beds, you
notice several things about them. First, while they may look young, some are
nineteen and twenty years old, their eyes tell a different story. Their eyes
reflect a maturity beyond their years. It was quite overwhelming and
overpowering and inspiring, but I did manage to bring a smile to a few of their
faces. As soon as I mentioned I was from Las Vegas, they would say, “Oh, you’re
from Vegas,” and then they would smile and have a twinkle in their eyes.
I took letters from students from elementary schools in
Henderson, Boulder City and Las Vegas. I would like to share with you a couple
of short letters from the students. While all of them are filled with words of
encouragement and hope, a couple of them are especially touching. You will find
they capture the spirit of our young Nevadans and they honor the soldiers who
are fighting for our freedom.
First, a young child writes, “Dear Sogers, Thank you for helping
us.” Next, another youngster writes, “Dear soldiers, Thank you for caring. You
deserve a big car.” That was from Mrs. Jenson’s class.
Finally, another young student writes:
“Dear Soldier, hi. I’m a fifth grader student in Henderson,
Nevada. I am writing to you because I care about you. You are fighting for our
freedom. You didn’t even have to do this, but you did. I just want you to know,
we all here at Treem Elementary support you. Thank you for protecting us and
for protecting Iraq. We all want you to come home safely, especially your
family and your friends. You are
sacrificing for us. You must have giant hearts to do this all for America. I just want to say, even though I
don’t know you, I care and love you.” Then she drew a little rose at the bottom
and said, “God bless you.”
With letters like this, we have so much to be proud of. We have
faced some uncertain times, but we must continue to work together. It is the
resilience of our spirit as Battle Born Nevadans that allows us to bounce back
from life’s challenges. It is the secret of our success right here in Nevada.
May God bless Nevada; May God bless our soldiers, and may God bless America. Thank you.
Senator Washington moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Porter for his timely, able and constructive message.
Motion carried.
The Committee on Escort escorted Representative Porter to the bar of the Assembly.
Senator Shaffer moved that the Joint Session be dissolved.
Motion carried.
Joint Session dissolved at 5:57 p.m.
SENATE IN SESSION
At 6 p.m.
President Hunt presiding.
Quorum present.
Unfinished
Business
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Joint Resolution No. 5; Senate Concurrent Resolution No. 28.
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 Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Tadek Borys and Robert Gieney.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Pyramid Lake Junior and Senior High School: Shalane Trujillo, Conrad Fellows, Raymond Perez, Dominick Mix, Ashley Smith, Eli Baker, Jordan Shaw, Jason Gonzales; faculty: Judy Kroshus, Jessie Walsh and Jon Blinn.
Senator Raggio moved that the Senate adjourn until Thursday, April 17, 2003, at 10:30 a.m. and that it do so in memory of Harold Staub, husband of Senate Bill Clerk Marlene Staub.
Motion carried.
Senate adjourned at 6:01 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate