THE NINETY-THIRD DAY
Carson City (Tuesday), May 6, 2003
Senate called to order at 11:38 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Amanda Mitchell.
God, thank You for this day. Thank You for each person who is
here. I ask You to help each one during these proceedings with Your peace, joy,
love and wisdom. Pour out Your blessings upon us as we serve the humanity of
this great State of Nevada and may You be honored through it.
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 Assembly Bills Nos. 81,
296, 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 Finance, to which were referred Senate Bill No. 416; Assembly Bill
No. 256, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Also,
your Committee on Finance, to which were referred Senate Bills Nos. 247, 409,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Amend, and do pass as amended.
Also,
your Committee on Finance, to which was re-referred Senate Bill No. 314, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam
President:
Your
Committee on Government Affairs, to which was referred Assembly Bill No. 417,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Re-refer to the Committee on Transportation.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which was referred Assembly
Bill No. 246, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam
President:
Your
Committee on Natural Resources, to which were referred Assembly Bills Nos. 36,
91, 213, 403, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, May 6, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 20.
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Carpenter, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:
Senate Concurrent Resolution No. 34—Commending Dorothy Gallagher for her service to her community, the University and Community College System of Nevada and the State of Nevada.
Whereas, Dedication to
and involvement in lifelong pursuits that unselfishly benefit society are
traits which distinguish the careers of some above others and serve as an inspiration
to all; and
Whereas, Dorothy Sewell Gallagher has
so distinguished herself in the eyes of family, friends, coworkers and Nevadans
statewide; and
Whereas, As a fourth-generation
Nevadan, Dorothy Gallagher’s endeavors have centered around the best interests
of students of higher education and, in her own words, around building “a
system of higher education in Nevada that people can be proud of”; and
Whereas, During her 22 years of
outstanding service as a member of the Board of Regents of the University of
Nevada, Dorothy represented 11 rural counties in Nevada and served as Chairman
of more than a dozen committees of the Board and as Chairman of the Board from
July 1989 through June 1991; and
Whereas, Serving during a time of rapid
growth of higher education in Nevada, Dorothy has played a major role in making
decisions that have affected the colleges and universities within the
University and Community College System of Nevada (UCCSN), and especially in
developing the Great Basin College in her hometown, Elko, Nevada; and
Whereas, Because of Dorothy’s efforts,
the Great Basin College became the first college in Nevada, other than the
universities in the UCCSN, to grant a baccalaureate degree, thus enabling the
residents of Elko to earn certain baccalaureate degrees without having to
travel hundreds of miles; and
Whereas, Dorothy’s support was
instrumental in the establishment of the Desert Research Institute, the Nevada
State College in Henderson, Nevada, and the University of Nevada, Reno, Fire
Science and Emergency Management Academy; and
Whereas, Because of such achievements,
Dorothy has been honored with the Sherman Hall of Fame Award, the Trustee
Excellence Award of the Nevada Hospital Association and induction into the Hall
of Fame of the Nevada Women’s Fund; and
Whereas, Dorothy has been praised by
those close to her as having personal traits of integrity, honesty,
professionalism, firmness, common sense and the ability to work closely with
others to achieve a common goal; and
Whereas, After her years of public
service on the Board of Regents, Dorothy has retired from the Board, with its
demanding schedule, to be able to spend more time with her husband, Tom, who is
a retired dentist, but she will still serve her community as evidenced by her
recent acceptance of the position of Director of Strategic and Community
Initiatives at the Northeastern Nevada Regional Hospital in Elko; now,
therefore, be it
Resolved by the Senate of the State of Nevada,
the Assembly Concurring, That the members of the Nevada Legislature
commend Dorothy Gallagher for her many years of service to her community, the
University and Community College System of Nevada and the State of Nevada; and
be it further
Resolved, That the Legislature
recognizes that because of Dorothy Gallagher’s work, the system of higher
education in Nevada has made progress that will be a cornerstone for
generations of the future; and be it further
Resolved, That the Nevada Legislature
wishes Dorothy further success in her new position with the Northeastern Nevada
Regional Hospital; and be it further
Resolved, That the Secretary of the
Senate prepare and transmit a copy of this resolution to Tom and Dorothy
Gallagher and to their sons, Frank S. Gallagher, Thomas H. Gallagher and
Michael H. Gallagher.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Rhoads and Mathews.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. It is a delight for me
and for the Senate to honor a distinguished Nevadan today. I do not know of
anyone who is more deserving of this recognition than is Dorothy Gallagher.
Dorothy served 22 years on the Board of Regents for the University and Community
College System of Nevada. During the two decades Dorothy has served on the
Board, the University and Community College System has grown from a small
institution to a system of higher education which deserves high recognition and
is one of the hallmarks of this State.
If it
were not for Dorothy Gallagher, much would not have been achieved. The
resolution speaks to many of her accomplishments. The continued growth of the
community college system would not have continued to grow without her help.
When former Governor Paul Laxalt brought the community college system to the
Legislature, it was an embryo of an idea. Dorothy Gallagher, as a member of the
Board of Regents, saw to it that the system became a dynamic part of the
University and Community College System. It was not thought that a community
college could exist outside of a large urban area. Through her efforts and with
others, the Great Basin College is in Elko and is a preeminent community
college. Other community colleges developed in Reno, Carson City and Las Vegas.
They are the envy of other states. The two universities have grown greatly.
Enrollment has soared. Dorothy Gallagher, as a regent, is one of the leading
advocates for support of the university system.
Many
of us in the Legislature have been the recipients of telephone calls from
Dorothy. Those calls came at any hour, on any day, at any time and they told us
where we were headed in the wrong direction. She pulled no punches. She told us
exactly what she thought, and usually, she was right. She has been a leveling
influence on an often not agreeable Board of Regents. On many occasions, her
influence, her wisdom and her ability to deal with others made the difference.
She has been recognized by those she works with and by those who
head our institutions of higher learning as someone who could be looked to as a
trusted friend, advisor and as a mentor. It is fitting we pause to recognize
Dorothy and to acknowledge the 22 years she gave of her life to this State. She
has been married for 57 years to a “cantankerous” dentist in Elko, and she
raised three “cantankerous” sons. In addition to her roll as wife and mother,
she was the “mother” of the University and Community College System in this
State. She has utilized her time efficiently. I also want to point out that in
the resolution the number of personal traits mentioned. Every one of them
should be underlined: integrity, honesty, professionalism, firmness, common
sense and the ability to work closely with others to achieve a common goal.
These traits epitomize Dorothy Gallagher and we thank her for her service.
Senator Rhoads:
Thank you, Madam President. It gives me great honor
to rise and support this resolution for Dorothy Gallagher. As fourth generation
residents, the Gallagher family has been the backbone of Elko and the rural
areas for years.
Once
there was a rumor floating around that Dorothy was going to run against me for
the State Senate. At the Elko Fair, she told me that the rumor was false. I
appreciated that. She has been a great asset to Elko, to all of rural Nevada
and to the State as a whole. She represents eleven counties which is three more
than I represent. I know how difficult it is to get around such a large area.
The Great Basin College has received funding and grants due to
her efforts. The campus is a remarkable sight. It has a great deal of
character. For 22 years, she was an outstanding regent representing rural
Nevada. At times, she was a “lone wolf” on the Board of Regents while the Board
was having many problems. She was always the strong one who kept it all
together. She is an outstanding lady. We thank you, Dorothy.
Senator Mathews:
Thank you, Madam President. I stand in support of
this resolution. I have known Dorothy Gallagher since I started working for the
community college. She was instrumental in getting many of the programs
transferred from community colleges to the University of Nevada. Once, we were
having a difficult time with the courses in the nursing program not
transferring to the university system. Dorothy called a committee of all of the
nursing directors and deans of the state’s schools. She sat us all down at a
table in the Chancellor’s office and looked us square in the eyes and said, “I
am not leaving until these courses transfer to the universities.” She did not
play around. It got done. She was not afraid to tackle the nurses who could be
stubborn. She looked me in the eye and said, “Shut up, Bernice. I am getting
this done.” She did. She told us she did not have all day to stay around waiting.
She knew what had to be done. When we left that day, those courses transferred.
I
appreciate you, Dorothy. I appreciate all you have done for the State of
Nevada, for education and for what you did for the nursing programs. Before
that day, the classes were transferring all over the country but not to our own
university system. Without you, we would still be stuck in a community college
system without the students’ classes transferring to the university. Thank you.
Thank you for being there for all of us, and thank you for being
there for the State of Nevada.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 34 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
Whereas, The members of the 72nd
Session of the Nevada Legislature join the family and friends, and the
residents of his beloved City of Henderson, in mourning the loss of James
Edward Smalley, Sr. who died April 5, 2003; and
Whereas, Born December 1, 1924, in Peebles,
Ohio, James Smalley served as a sergeant in the Army Air Corps and flew 38
missions over Europe during World War II; and
Whereas, After the war, James Smalley
resumed his education and earned his bachelor’s and master’s degrees in United
States history at Ohio State University; and
Whereas, James Smalley, who began his
teaching career in Nevada in 1949 at the old Fifth Street School in Las Vegas
and who also taught briefly in North Las Vegas, spent most of his years as a
teacher in Henderson, where he taught social studies at Burkholder Middle
School until his retirement in 1982; and
Whereas, Concerns about air and water
pollution in the Las Vegas Valley and the increasing need for state funding for
education convinced James Smalley to throw his hat into the political ring to
pursue his desire to work toward the good of his chosen state; and
Whereas, Elected to the Assembly in 1970 and
again in 1972, James Smalley served on the Committee on Education, the
Committee on Health and Welfare, the Committee on Taxation and the Committee on
Environment and Public Resources; and
Whereas, Assemblyman Smalley fought to
maintain a clean work environment in the industrial businesses in the State,
and the many bills he sponsored for the benefit of the residents of Nevada
included legislation that would strengthen the state Office of Consumer
Affairs; and
Whereas, When talk of consolidation and
annexations in Clark County arose in the mid‑1970s, James Smalley stood
against any action that would swallow up Henderson and vowed to do whatever was
needed to maintain Henderson’s autonomy and identity; and
Whereas, In 2002, James Smalley and his
wife Rae, who were both very active in Henderson civic affairs, were named
Distinguished Nevadans by the Board of Regents of the University of Nevada in
recognition of their contributions to the State; and
Whereas, James Smalley is survived by
his wife Rae, son Ed Smalley, daughters Alicia Smalley and Esther Cothrun, and
seven grandchildren; now, therefore, be it
Resolved by the Assembly of the State of
Nevada, the Senate Concurring, That the members of the 2003 Nevada
Legislature extend their deepest sympathies to the family and friends of James
Smalley and to the residents of Henderson who were the primary recipients of the
dedication and service of this caring man with a quiet demeanor; and be it
further
Resolved, That the many people whose
education was enhanced in the classrooms of James Smalley will remember and
strive to live what he taught in his classes and by the example of his life;
and be it further
Resolved, That the Chief Clerk of the
Assembly prepare and transmit a copy of this resolution to Rae, his loving wife
of 57 years.
Senator Tiffany moved the adoption of the resolution.
Remarks by Senators Tiffany and Neal.
Senator Tiffany requested that the following remarks be entered in the Journal.
Senator Tiffany:
Thank
you, Madam President. James Smalley was from Henderson and served two terms,
from 1971 to 1973, in this Legislature. It was important to him as an educator
to be involved with issues providing adequate funding for education. He was
also concerned with consumer affairs, particularly the environment in the
workplace.
He
had a number of bills he proposed and a few of them became law. One bill was to
enforce stiffer penalties for anyone who killed a person while they were under
the influence. An issue we still review. Another bill was for the labeling of
dairy and bakery products with their expiration dates. He was on the forefront
of a few major changes coming from the Legislature.
As
mentioned in the resolution, he was firm and resolved about Henderson’s
autonomy, and we are very proud of that today. We like having our own fire
department, police force and utilities system. They make us independent. He
respected that. He made sure independence was something that was maintained.
During the 1970’s, there was talk of consolidation, but he fought against it to
preserve our sovereignty. We became the second largest city in Nevada.
He
was a man who recognized new ideas and changes throughout his life. A lyric
from one of Bob Dylan’s songs reflects James the best. “The order is rapidly
fading and the first one now will later be last, for the times they are a
changing.”
Assemblyman James Smalley was the perfect representative from
Henderson in southern Nevada as it entered into a period of great change. The
Legislature was fortunate to have a member who had the vision for Nevada’s
potential in the future. We owe a great debt of gratitude to James Smalley for
all he did for Henderson, for Clark County and for the State of Nevada.
Senator Neal:
Thank
you, Madam President. James Smalley’s last session was my first session. He
lived during the Roosevelt era and brought to this Legislature a sense of
purpose and understanding of what government should be about. We saw his ideas
reflected in the types of legislation Jim Smalley associated himself with. He
supported issues that helped children, issues that involved labor, and he made
certain working people received a fair break in this State.
He was one of the most respected Assemblymen who walked these
halls. This resolution caught me off guard, as I did not know that James had
passed. We will never have people serving in this Legislature with the
commitment and purpose this gentleman brought to this body. His policies came
out of the depression and were a reflection of his commitment as he carried out
his duties and responsibilities to this Legislature. I rise in support of this
resolution and call for its passage.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator O'Connell moved that Assembly Bill No. 417 be re-referred to the Committee on Transportation.
Remarks by Senator O'Connell.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 558.
Amend section 1, page 2, by deleting lines 20 through 22 and inserting: “mentally retarded, the court must make such a finding in the record and strike the notice of intent to seek the death penalty. Such a finding may be appealed to the Supreme Court pursuant to NRS 177.015.”.
Amend sec. 2, page 3, lines 2 and 3, by deleting: “a sentence of death may not be imposed” and inserting: “the defendant is mentally retarded and has stricken the notice of intent to seek the death penalty”.
Amend sec. 2, page 3, lines 23 and 24, by deleting: “pursuant to section 1 of this act that the defendant may not receive a sentence of death,” and inserting: “the defendant to be mentally retarded and has stricken the notice of intent to seek the death penalty pursuant to section 1 of this act,”.
Amend sec. 3, page 4, line 12, by deleting “imposed,” and inserting: “imposed and a prior determination regarding mental retardation has not been made pursuant to section 1 of this act,”.
Amend sec. 3, page 4, line 20, by deleting “Court.” and inserting: “Court pursuant to NRS 177.015.”.
Amend sec. 7, page 7, lines 7 and 8, by deleting: “a sentence of death may not be imposed upon the defendant;” and inserting: “the defendant is mentally retarded and has stricken the notice of intent to seek the death penalty;”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 51.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 509.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 451.523 is hereby amended to read as follows:
451.523 “Document of gift” means a card, [a statement imprinted on a
driver’s license or identification card, a will,] statement, will or other writing used to make an anatomical gift.”.
Amend section 1, page 1, line 7, after “in” by inserting: “this subsection and”.
Amend section 1, page 2, line 6, by deleting
“If” and inserting: “[If] Except
as otherwise provided in subsection 4, if”.
Amend section 1, page 2, by deleting lines 11 and 12 and inserting:
“4. [If]
A symbol or other indication that a
document of gift [is] has been
executed by or on behalf of a donor may be imprinted on [a] the donor’s driver’s license or
identification card [,] if the document of gift [must comply]
complies with”.
Amend section 1, page 3, line 20, by
deleting: “person, who acts” and
inserting: “person who:
(a) Is
aware that a symbol or other indication that a document of gift has been
executed by or on behalf of a donor is imprinted on the donor’s driver’s
license or identification card; or
(b) Acts”.
Amend section 1, page 3, line 23, by deleting “gifts may” and inserting “gifts, shall”.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. NRS 483.340 is hereby amended to read as follows:
483.340 1. The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2. The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.
4. It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5. At the time of the issuance or renewal of the driver’s license, the Department shall:
(a) Give the holder the opportunity to [indicate]
have indicated on his driver’s
license that he wishes to be a donor of all or part of his body pursuant to NRS
451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his
body or part of his body;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
7. The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
Sec. 4. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) The name and sample signature of the holder.
(b) A unique identification number assigned to the holder that is not based on the holder’s social security number.
(c) A personal description of the holder.
(d) The date of birth of the holder.
(e) The current address of the holder in this state.
(f ) A colored photograph of the holder.
4. The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.
5. At the time of the issuance of the identification card, the Department shall:
(a) Give the holder the opportunity to [indicate]
have indicated on his identification
card that he wishes to be a donor of all or part of his body pursuant to NRS
451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his
body or part of his body;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
7. The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
8. As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 56.
Bill read second time and ordered to third reading.
Assembly Bill No. 57.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 581.
Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective:
1. On July 1, 2003, for the purposes of the State Public Works Board adopting the seismic provisions and standards specified in section 1 of this act; and
2. On July 1, 2004, for all other purposes, including for the purpose of a governing body to amend its building codes to include the seismic provisions and standards specified in subsection 5 of NRS 278.580, as amended by section 2 of this act.”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 67.
Bill read second time and ordered to third reading.
Assembly Bill No. 69.
Bill read second time and ordered to third reading.
Assembly Bill No. 87.
Bill read second time and ordered to third reading.
Assembly Bill No. 135.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 557.
Amend section 1, page 2, by deleting lines
11 and 12 and inserting: “of the [council] governing body and an appeal of that decision . [to the council.] The
ordinance must specify whether all such appeals are to be made to the governing
body or to a court of competent jurisdiction.”.
Amend section 1, page 2, line 34, after “body” by inserting: “or a court of competent jurisdiction”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 147.
Bill read second time and ordered to third reading.
Assembly Bill No. 149.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 556.
Amend section 1, page 2, by deleting line 26 and inserting “this section.”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 185.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 566.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 616B.624 is hereby amended to read as follows:
616B.624 1. If a quasi-public or private corporation or a limited‑liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:
(a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per policy year.
2. An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company; and
(b) [Operates the corporation or company
exclusively from his primary residence; and
(c)] Receives pay for the services
performed,
may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.
5. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer.
6. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. NRS 617.207 is hereby amended to read as follows:
617.207 1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year.
2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company; and
(b) [Operates the corporation or company exclusively from his
primary residence; and
(c)] Receives pay for the services performed,
may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.”.
Amend the title of the bill, fourth line, after “ diseases;” by inserting: “revising the circumstances under which officers or managers of certain corporations or companies may reject coverage for themselves for the purposes of the provisions governing workers’ compensation for injuries and occupational diseases;”.
Amend the summary of the bill to read as follows:
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 216.
Bill read second time and ordered to third reading.
Assembly Bill No. 224.
Bill read second time and ordered to third reading.
Assembly Bill No. 239.
Bill read second time and ordered to third reading.
Assembly Bill No. 270.
Bill read second time and ordered to third reading.
Assembly Bill No. 318.
Bill read second time and ordered to third reading.
Assembly Bill No. 331.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 584.
Amend sec. 2, page 1, line 7, after “person” by inserting: “who is 18 years of age or older and”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 349.
Bill read second time and ordered to third reading.
Assembly Bill No. 378.
Bill read second time and ordered to third reading.
Assembly Bill No. 420.
Bill read second time and ordered to third reading.
Assembly Bill No. 427.
Bill read second time and ordered to third reading.
Assembly Bill No. 501.
Bill read second time and ordered to third reading.
Assembly Bill No. 530.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 577.
Amend section 1, page 2, by deleting lines 20 and 21 and inserting “accordingly.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Joint Resolution No. 3.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 262.
Bill read third time.
Roll call on Assembly Bill No. 262:
Yeas—21.
Nays—None.
Assembly Bill No. 262 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 273.
Bill read third time.
Roll call on Assembly Bill No. 273:
Yeas—21.
Nays—None.
Assembly Bill No. 273 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 497.
Bill read third time.
Roll call on Assembly Bill No. 497:
Yeas—20.
Nays—Neal.
Assembly Bill No. 497 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED
BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 65, 133, 350, 395; Senate Concurrent Resolution No. 33.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dorothy Gallagher and Dr. Thomas H. Gallagher.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to University of Nevada Reno President John Lilley.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Frank Gallagher and Tom Gallagher.
On request of Senator Tiffany, the privilege of the floor of the Senate Chamber for this day was extended to Alicia Smalley and Brook Arigoni.
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 Edward C. Reed High School: Zachary Borcher, Joanne Borromeo, Brian Bunch, Breanna Defoe, Sean Dinnell, Marissa Fernandez, Shannon Garcia, Michael Givens, Jacob Greene, Elena Hawley, Sunh Hesterlee, Karen Intong, Jason Lewis, Jennifer Mavis, Kevin Novosel, Benjamin Phillips, Christin Reynolds, William Squires, Charles Stacker, Francisco Amaya, Tyler Clawson, Janelle Corbridge, Jeanne Erickson, Kristy Farson, Mimi Ferguson, Kimberly Gonzales, Rory Hastings, Phoebe Kemp, Julie Knapp, Virginia Leonard, Bart Miller, Robert Morgan, Jonathan Mudaliar, Leah Russell, Alish Theofanides, Shawna Wall, Holli Wilson, Krystal Wilson and teacher: Jason Saville.
Senator Raggio moved that the Senate adjourn until Friday, May 9, 2003, at 10 a.m.
Motion carried.
Senate adjourned at 12:37 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate