THE ONE HUNDRED AND FIRST DAY
Carson City (Wednesday), May 14, 2003
Senate called to order at 11:55 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jeff Paul.
Almighty and eternal God, so draw our hearts to You, so guide our
minds, so fill our imaginations, so quicken our wills, that we may be wholly
Yours, utterly dedicated to You; and then use us, we pray, as You will and
always to Your glory and the welfare of Your people. In Your Name, we pray.
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 was referred Assembly Bill No. 230,
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 Judiciary, to which was referred Assembly Bill No. 117, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Also,
your Committee on Judiciary, to which was re-referred Assembly Bill No. 443,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Do pass.
Also,
your Committee on Judiciary, to which were referred Assembly Bills Nos. 40, 92,
160, 419, has had the same under consideration, and begs leave to report the
same back with the recommendation: Amend, and do pass as amended.
Mark E. Amodei, Chairman
Madam President
Your
Committee on Legislative Affairs and Operations, to which was referred Assembly
Bill No. 35, has had the same under consideration, and begs leave to report the
same back with the recommendation: Do pass.
Also,
your Committee on Legislative Affairs and Operations, to which was re-referred
Senate Bill No. 289, 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 Legislative Affairs and Operations, to which were referred
Senate Concurrent Resolutions Nos. 13, 20, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Amend, and be adopted as amended.
Maurice E. Washington, Chairman
Madam President:
Your
Committee on Taxation, to which were referred Assembly Bills Nos. 348, 437, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
Madam President:
Your
Committee on Transportation, to which was re-referred Assembly Bill No. 417,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Do pass.
Also,
your Committee on Transportation, to which were referred Assembly Bills Nos.
30, 522, has had the same under consideration, and begs leave to report the
same back with the recommendation: Amend, and do pass as amended.
Raymond C. Shaffer, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, May 13, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bill No. 504.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and joint resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: KLAS TV 8: Victor Woodall; KNPR NEVADA PUBLIC RADIO: Kyril Pluskonl and NEVADA APPEAL: Brad Horan.
Motion carried.
Senator Carlton moved that Assembly Bill No. 144 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator Carlton.
Senators Carlton, Neal and Wiener requested a roll call vote on Senator Carlton's motion.
Roll call on Senator Carlton's motion:
Yeas—10.
Nays—Amodei, Hardy, McGinness, Nolan, O'Connell, Raggio,
Rawson, Rhoads, Shaffer, Tiffany, Washington—11.
The motion having failed to receive a majority, Madam President declared it lost.
Senate Concurrent Resolution No. 36.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Wiener moved that Assembly Bill No. 78 be taken from the Secretary's desk and placed at the top of the General File.
Remarks by Senator Wiener.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 504.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 25.
Bill read second time and ordered to third reading.
Assembly Bill No. 32.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 606.
Amend section 1, page 2, by deleting lines 12 and 13 and inserting:
“4. “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.”.
Amend sec. 2, page 2, line 20, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.
Amend sec. 2, page 2, line 24, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.
Amend sec. 3, page 2, line 36, by deleting “eligible customer” and inserting: “provider of new electric resources”.
Amend sec. 3, page 2, line 42, after “report” by inserting: “, with respect to all applicable business transacted in this state,”.
Amend sec. 3, page 3, line 5, after “information” by inserting: “with respect to applicable business transacted in this state”.
Amend sec. 4, page 3, line 17, by deleting “eligible customer” and inserting: “provider of new electric resources”.
Amend sec. 4, page 3, line 18, after “state,” by inserting: “with respect to such business,”.
Amend sec. 5, page 3, line 43, by deleting “eligible customer” and inserting: “provider of new electric resources”.
Amend sec. 6, page 4, line 39, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.
Amend sec. 6, page 4, line 41, by deleting “eligible customer” and inserting: “provider of new electric resources”.
Amend the title of the bill by deleting the third through eleventh lines and inserting: “discretionary natural gas service and providers of new electric resources; requiring certain public utilities, alternative sellers, providers of discretionary natural gas service and providers of new electric resources to keep uniform and detailed accounts of all applicable business transacted in this state and to furnish an annual report to the Commission and affected governmental entities; imposing a civil penalty against an alternative seller, provider of discretionary natural gas service or provider of new electric resources who violates certain”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises certain provisions governing public utilities, alternative sellers, providers of discretionary natural gas service, providers of new electric resources and eligible customers. (BDR 58‑626)”.
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. 60.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 656.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 62.080 is hereby amended to read as follows:
62.080 1. Except as otherwise provided in subsection 2 and NRS 62.081, if:
(a) A child is charged with an offense that would be a felony if committed by an adult; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense,
the juvenile court, upon a motion by the district attorney and after a full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult.
2. If a child:
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
(2) An offense or attempted offense involving the use or threatened use of a firearm; and
(b) Was 14 years of age or older at the time he allegedly committed the offense,
the juvenile court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds by clear and convincing evidence that the child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings or that the child’s actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile court.
3. If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.
4. If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile court, original jurisdiction of his person for that case rests with the court to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile court only upon a showing of exceptional circumstances. If the child’s case is transferred back to the juvenile court, the judge of that court shall determine whether the exceptional circumstances warrant accepting jurisdiction.”.
Amend the title of the bill, first line, after “court;” by inserting: “providing an additional exception to mandatory certification of a child for criminal proceedings as an adult;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions pertaining to certification of child for criminal proceedings as adult. (BDR 5-280)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 95.
Bill read second time and ordered to third reading.
Assembly Bill No. 100.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 578.
Amend section 1, page 2, by deleting line 2 and inserting:
“exceed $7,500............................................................................................. $150.00
If the sum claimed exceeds $7,500 but does not exceed $10,000.. 175.00”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Supreme Court shall adopt rules to
provide for the establishment of a mandatory short trial program for civil
cases in the justices’ courts.
2. This section does not apply to the following
actions and proceedings:
(a) Actions
for the possession of lands and tenements where the relation of landlord and
tenant exists, when damages claimed do not exceed $10,000 or when no damages
are claimed.
(b) Actions
when the possession of lands and tenements has been unlawfully or fraudulently
obtained or withheld, when damages claimed do not exceed $10,000 or when no
damages are claimed.
(c) Any
action for the issuance of a temporary or extended order for protection against
domestic violence.
(d) An
action for the issuance of a temporary or extended order for protection against
harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(e) Small
claims actions under the provisions of chapter 73 of NRS.
(f) Any
action pursuant to NRS 200.591 for the issuance of a protective order against a
person alleged to be committing the crime of stalking, aggravated stalking or
harassment.
3. As used in this section, “short trial” means a trial that is conducted in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
Sec. 4. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise
provided in NRS 38.310 [:] and
section 3 of this act:
(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.
(b) A civil action for damages filed in justice’s court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
3. As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 3, to read as follows:
“Sec. 6. Section 1 of Senate Bill No. 88 of this session is hereby amended to read as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
[1.] If an action is filed in the district court and a district judge
determines that the [sum claimed, exclusive of interest, does not exceed
$7,500,] action is properly within
the jurisdiction of the justice’s court pursuant to NRS 4.370, the district
judge may transfer original jurisdiction of the action to the justice’s court.
[2. For the purposes of this section, “action” includes the following
civil cases and proceedings and no others except as otherwise provided by
specific statute:
(a) An action arising on contract for the
recovery of money only, if the sum claimed, exclusive of interest, exceeds
$7,500.
(b) An action for damages for injury to
the person, or for taking, detaining or injuring personal property, or for
injury to real property where no issue is raised by the verified answer of the
defendant involving the title to or boundaries of the real property, if the
damage claimed exceeds $7,500.
(c) Except in actions for a fine imposed
for a violation of NRS 484.757, an action for a fine, penalty or forfeiture
exceeding $7,500, given by statute or the ordinance of a county, city or town,
where no issue is raised by the answer involving the legality of any tax,
impost, assessment, toll or municipal fine.
(d) An action upon bonds or undertakings
conditioned for the payment of money, if the sum claimed exceeds $7,500.
(e) An action to recover the possession
of personal property, if the value of the property exceeds $7,500.
(f) To take and enter judgment on the
confession of a defendant, when the amount confessed, exclusive of interest,
exceeds $7,500.
(g) Of actions for the possession of
lands and tenements where the relation of landlord and tenant exists, when
damages claimed exceed $7,500.
(h) Of actions when the possession of
lands and tenements has been unlawfully or fraudulently obtained or withheld,
when damages claimed exceed $7,500.
(i) Of suits for the collection of taxes,
where the amount of the tax sued for exceeds $7,500.
(j) Of actions for the enforcement of
mechanics’ liens, where the amount of the lien sought to be enforced, exclusive
of interest, exceeds $7,500.
(k) Of actions for the enforcement of
liens of owners of facilities for storage, where the amount of the lien sought
to be enforced, exclusive of interest, exceeds $7,500.]”.
Amend sec. 4, page 6, line 3, after “of” by inserting: “sections 1 to 5, inclusive, of”.
Amend sec. 5, page 6, by deleting line 5 and inserting:
“Sec. 8. 1. This section and section 6 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2005.”.
Amend the title of the bill, second line, after “courts;” by inserting: “providing for the establishment of a mandatory short trial program for civil cases in the justices’ courts;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Increases monetary limit of jurisdiction of justices’ courts and provides for establishment of mandatory short trial program for civil cases in justices’ courts. (BDR 1‑855)”.
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. 107.
Bill read second time and ordered to third reading.
Assembly Bill No. 132.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 663.
Amend section 1, pages 1 and 2, by deleting lines 3 through 13 on page 1 and lines 1 through 6 on page 2, and inserting:
“432B.430 1. Except
as otherwise provided in subsection 4 and
NRS 432B.457, any proceeding held
pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed to the general
public unless the judge or master, upon his own motion or upon the motion of
another person, determines that all or part of the proceeding must be open to
the general public because opening the proceeding in such a manner is in the
best interests of the child who is the subject of the proceeding. In
determining whether opening all or part of the proceeding is in the best
interests of the child who is the subject of the proceeding, the judge or
master shall consider and give due weight to the desires of that child.
2. Unless the judge or master determines pursuant to subsection 1 that all or part of a proceeding must be open to the general public and except as otherwise provided in NRS 432B.457, the general”.
Amend section 1, page 2, by deleting lines 10 through 30 and inserting:
“3. If the judge or master determines pursuant to subsection 1 that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the protection of children; providing that proceedings concerning the abuse or neglect of children are presumptively closed to the public; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that proceedings concerning abuse or neglect of children are presumptively closed to public. (BDR 38‑689)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 146.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 665.
Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before February 1 of each year, the
Board shall submit a report to the Director of the Legislative Counsel Bureau
for distribution to each member of the Senate Standing Committee on Commerce
and Labor and the Assembly Standing Committee on Commerce and Labor.
2. Each report submitted pursuant to subsection
1 must include the following information for the previous calendar year:
(a) The
number of persons who relied upon the provisions of this chapter relating to
education to qualify for the issuance of a license, the results of each
examination taken by each of those persons and a statement indicating whether
the Board issued a license to each of those persons;
(b) A
description of the facts and circumstances under which the Board exercised its
discretion regarding whether to allow an applicant for a license to take the
examination for that license or to issue a license to the applicant; and
(c) The
number and types of complaints, if any, the Board received regarding the
procedure for applying for a license and the procedure for issuance of a
license.
Sec. 2. NRS 625.100 is hereby amended to read as follows:
625.100 1. The Governor shall
appoint seven persons, [six] four of
whom must be engaged in the practice or teaching of professional engineering in
any of its disciplines except military engineering, [and one] two of whom must be engaged in the
practice or teaching of land surveying [.] and one of whom must be a member of the general public. The members
must be citizens of the United States and residents of this state, and
constitute the State Board of Professional Engineers and Land Surveyors.
2. All
appointments made for members who are
engaged in the practice or teaching of professional engineering or land
surveying must be made from the
current roster of professional engineers and professional land surveyors as
issued by the Board and on file in the office of the Secretary of State.
Insofar as practicable, membership on the Board of those members must be distributed proportionately among the
recognized disciplines of the profession. [One of the members who is a
professional land surveyor must not be licensed as a professional engineer.] The members who are professional land
surveyors must not be professional engineers.
3. Within
30 days after his appointment, [a] each
member shall take and subscribe to the oath of office as prescribed by the
laws of Nevada and shall file the oath with the Secretary of State.
Sec. 3. NRS 625.154 is hereby amended to read as follows:
625.154 1. The Board shall hold examinations of applicants for licenses at least once each year in localities determined by the number of applications received.
2. The examinations must be written and administered in English.
3. The Board shall not prohibit an applicant for
a license from taking a regularly scheduled examination for that license solely
because the Board failed to review the applicant’s application before the
examination. If the Board prohibits an applicant for a license from taking the
examination in violation of this subsection, the Board shall hold or cause to
be held an examination for the applicant within 30 days after the violation
occurs.
Sec. 4. NRS 625.383 is hereby amended to read as follows:
625.383 1. Each professional engineer and professional land surveyor shall obtain a stamp of the design authorized by the Board, bearing his name and the number of his license and the legend “Professional Engineer” followed by the discipline for which he is qualified or the legend “Professional Land Surveyor,” respectively.
2. To facilitate the obtaining of a stamp by a
professional engineer or professional land surveyor pursuant to subsection 1, the
Board shall, upon request, provide its authorized design to any retailer or
manufacturer of stamps. A professional engineer or professional land surveyor
may obtain his stamp from any retailer or manufacturer of stamps.
3. A professional land surveyor shall not use the legend “Professional Engineer.”
Sec. 5. 1. The term of each member of the State Board of Professional Engineers and Land Surveyors expires on the effective date of this act.
2. As soon as practicable after the effective date of this act, the Governor shall appoint to the Board:
(a) Three members who are engaged in the practice or teaching of professional engineering, except military engineering, to serve for terms of 3 years;
(b) One member who is engaged in the practice or teaching of professional engineering, except military engineering, to serve for a term of 2 years;
(c) One member who is engaged in the practice or teaching of land surveying to serve for a term of 2 years;
(d) One member who is engaged in the practice or teaching of land surveying to serve for a term of 1 year; and
(e) One member who is a member of the general public to serve for a term of 1 year.
Sec. 6. 1. This act becomes effective upon passage and approval.
2. Section 1 of this act expires by limitation on December 1, 2014.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; requiring the State Board of Professional Engineers and Land Surveyors to submit annual reports regarding certain activities of the Board to the Director of the Legislative Counsel Bureau; revising the membership of the Board; requiring the Board to hold an examination for an applicant for a license under certain circumstances; requiring the Board to provide its authorized design for a stamp to a retailer or manufacturer under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing State Board of Professional Engineers and Land Surveyors. (BDR 54‑496)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 156.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 659.
Amend sec. 9, page 5, line 35, after “inclusive,” by inserting: “and section 23.5 of this act,”.
Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:
“Sec. 23.5. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division of Mental Health and Developmental Services of the Department of Human Resources for that purpose.
2. The Division of Mental Health and
Developmental Services shall adopt regulations to establish:
(a) Requirements
for certification of a person who provides reports and evaluations concerning
the competency of a defendant pursuant to this section and NRS 178.400 to
178.460, inclusive;
(b) Reasonable
fees for issuing and renewing such certificates; and
(c) Requirements
for continuing education for the renewal of a certificate.
3. The fees so collected must be used only to:
(a) Defray
the cost of issuing and renewing certificates; and
(b) Pay
any other expenses incurred by the Division of Mental Health and Developmental
Services in carrying out its duties pursuant to this section.
4. The Division of Mental Health and
Developmental Services shall establish and administer examinations to determine
the eligibility of any person who applies for certification. An applicant is
entitled to certification upon satisfaction of the requirements of the Division
of Mental Health and Developmental Services. The Division of Mental Health and
Developmental Services may enter into a contract with another person,
organization or agency to carry out or assist in carrying out the provisions of
this subsection.”.
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 178.415 is hereby amended to read as follows:
178.415 1. Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one another’s witnesses.
3. The court shall then make and enter its finding of competence or incompetence.
4. The court shall not appoint a person to
provide a report or an evaluation pursuant to this section, unless the person
is certified by the Division of Mental Health and Developmental Services
pursuant to section 23.5 of this act.”.
Amend the bill as a whole by adding a new
section designated sec. 25.5, following sec. 25, to read as follows:
“Sec. 25.5. NRS 178.455 is hereby amended to read as follows:
178.455 1. Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to section 23.5 of this act to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist , must be certified pursuant to section 23.5 of this act and must not be a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or his designee shall report to the court in writing his specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to understand the nature of the offense charged;
(b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.
2. A copy of the report must be:
(a) Maintained by the Administrator of the Division of Mental Health and Developmental Services or his designee and incorporated in the medical record of the person; and
(b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.
3. In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of the Division of Mental Health and Developmental Services or his designee:
(a) Send a copy of the report by the Administrator or his designee to the prosecuting attorney and to the defendant’s counsel;
(b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or his designee or the members of the defendant’s treatment team on the determination of the report; and
(c) Within 10 days after the hearing, if any, or 20 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.”.
Amend the bill as a whole by renumbering sections 70 and 71 as sections 71 and 72 and adding a new section designated sec. 70, following sec. 69, to read as follows:
“Sec. 70. The Division of Mental Health and Developmental Services of the Department of Human Resources shall adopt regulations pursuant to section 23.5 of this act by not later than December 31, 2003, and shall begin administering examinations to determine eligibility for certification to provide reports and evaluations concerning the competency of a defendant pursuant to NRS 178.400 to 178.460, inclusive, by not later than March 1, 2004.”.
Amend sec. 71, page 63, by deleting lines 13 through 27 and inserting
“Sec. 72. 1. This section and sections 1 to 23, inclusive, 24, 26 to 61, inclusive, 64, 65 and 68 to 71, inclusive, of this act become effective on July 1, 2003.
2. Section 23.5 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes.
3. Sections 62 and 66 of this act become effective on July 1, 2003, and expire by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
4. Sections 24.5 and 25.5 of this act become effective on July 1, 2004.
5. Sections 63 and 67 of this act become effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.”.
Amend the title of the bill, third line, after “insanity;” by inserting: “requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons;”.
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. 190.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 666.
Amend the bill as a whole by renumbering sections 1 through 7 as sections 6 through 12 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010, 624.020 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Knowingly” imports a knowledge that the facts exist which constitute the act or omission, and does not require knowledge of the prohibition against the act or omission. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.
Sec. 4. NRS 624.010 is hereby amended to read as follows:
624.010 [As used in this chapter,] “Board” means the State
Contractors’ Board.
Sec. 5. NRS 624.020 is hereby amended to read as follows:
624.020 [For the purposes of this chapter, unless the context otherwise
requires:]
1. “Contractor” is synonymous with “builder.”
2. A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.
3. A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.”.
Amend sec. 5, page 7, line 42, by deleting “Submitting” and inserting “Knowingly submitting”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 323.
Bill read second time and ordered to third reading.
Assembly Bill No. 336.
Bill read second time and ordered to third reading.
Assembly Bill No. 381.
Bill read second time and ordered to third reading.
Assembly Bill No. 405.
Bill read second time and ordered to third reading.
Assembly Bill No. 445.
Bill read second time and ordered to third reading.
Assembly Bill No. 507.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 673.
Amend section 1, page 1, by deleting line 8
and inserting: “student in his major [,
if applicable,] or minor, or
other course work”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 78.
Bill read third time.
The following amendment was proposed by Senator Wiener:
Amendment No. 719.
Amend section 1, page 3, line 6, after “201.262;” by inserting “or”.
Amend section 1, page 3, by deleting line 7.
Amend section 1, page 3, line 8, by deleting “(e)” and inserting “(d)”.
Senator Wiener moved the adoption of the amendment.
Remarks by Senator Wiener.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 216.
Bill read third time.
Roll call on Senate Bill No. 216:
Yeas—20.
Nays—None.
Excused—Townsend.
Senate Bill No. 216 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 71.
Bill read third time.
Roll call on Assembly Bill No. 71:
Yeas—17.
Nays—McGinness, O'Connell, Tiffany—3.
Excused—Townsend.
Assembly Bill No. 71 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 86.
Bill read third time.
Remarks by Senators Neal and Hardy.
Roll call on Assembly Bill No. 86:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 86 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 103.
Bill read third time.
Roll call on Assembly Bill No. 103:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 103 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 143.
Bill read third time.
Roll call on Assembly Bill No. 143:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 143 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 151.
Bill read third time.
Roll call on Assembly Bill No. 151:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 151 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 155.
Bill read third time.
Roll call on Assembly Bill No. 155:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 155 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 212.
Bill read third time.
Roll call on Assembly Bill No. 212:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 212 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 214.
Bill read third time.
Senator Titus moved that Assembly Bill No. 214 be re-referred to the Committee on Finance.
Remarks by Senator Titus.
Motion carried.
Assembly Bill No. 221.
Bill read third time.
Remarks by Senators Neal and Nolan.
Roll call on Assembly Bill No. 221:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 221 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 231.
Bill read third time.
Roll call on Assembly Bill No. 231:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 231 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 232.
Bill read third time.
Roll call on Assembly Bill No. 232:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 232 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 233.
Bill read third time.
Roll call on Assembly Bill No. 233:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 233 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 235.
Bill read third time.
Remarks by Senators Neal, O'Connell and Titus.
Roll call on Assembly Bill No. 235:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 235 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 245.
Bill read third time.
Roll call on Assembly Bill No. 245:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 245 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 285.
Bill read third time.
Roll call on Assembly Bill No. 285:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 285 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 294.
Bill read third time.
Roll call on Assembly Bill No. 294:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 294 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 315.
Bill read third time.
Roll call on Assembly Bill No. 315:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 315 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 344.
Bill read third time.
Remarks by Senators Neal and Care.
Roll call on Assembly Bill No. 344:
Yeas—16.
Nays—Coffin, Mathews, Neal, Rawson—4.
Excused—Townsend.
Assembly Bill No. 344 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 375.
Bill read third time.
Remarks by Senators Neal and Care.
Roll call on Assembly Bill No. 375:
Yeas—20.
Nays—None.
Excused—Townsend.
Assembly Bill No. 375 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 294 was this day passed.
Senator Raggio moved that Assembly Bills Nos. 396, 421, 424, 448, 451, 498, 509, 510, 539 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
Senator Amodei gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 315 was this day passed.
UNFINISHED
BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bills Nos. 36, 56, 67, 69, 87, 91, 147, 213, 216, 224, 246, 256, 270, 318, 349, 378, 403, 420, 427, 501; Assembly Joint Resolution No. 3; Assembly Concurrent Resolutions Nos. 22, 23, 24, 25, 26.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperones and faculty from the Zephyr Cove Elementary School: Ken Boulet, Samantha Bramback, Tyler Burton, Cody Casburn, Trevor Fairbank, Rachel Ford, Sara Gillespie, Meredith Grasso, Ethan Kauffman, Thomas Kolesnik, Jess Latta, Rachel Laub, Alexander Loberg, Diana Olmos, Ryan Paiz, Katie Pawloski, Chris Ranalla, John Robinson, Nicole Romaneschi, Barbara Rugg, Matt Schort, Karin Sharon, Taylor Shepack, Tim Stone, Cody Williams, Amanda Allen, Teresa Barrientos, Kyra Barth, Marisa Besson, Taryn Bourne, Adriana Campagna, Jaclyn Cerceo, Connor Ferris, Brian Fuentes, Kory Koskin, Joseph Ledwick, Athalia Manzano-Torres, Lauren McCall, Spencer Michielsen, Austin Norton, Alex Potnick, Curtis Reitmeier, Alex Skaggs, Tanner Sigel, Serena Swartz, Alejandro Valdivia, Alex Vogt, Blake Werle, Charlene Young, Zachary Zander; chaperones: Boyd Dangtongdee, Raquel Norton, Jeanie Cerceo, Ramona Allen, Claudia Skaggs, Kristi Michielsen, Susan Shepack, Leah Sharon, Robert Ford, Donna Gillespie, Helen Laub, Darlene Fairbank; faculty: Glee Gwinn and Theresa Eymann.
Senator Raggio moved that the Senate adjourn until Friday, May 16, 2003, at 10 a.m.
Motion carried.
Senate adjourned at 12:51 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate