THE ONE HUNDRED AND THIRD DAY
Carson City (Friday), May 16, 2003
Senate called to order at 11:29 a.m.
President Hunt presiding.
Roll called.
All present except Senator Neal, who was excused.
Prayer by the Chaplain, Father Jeff Paul.
Almighty God, You proclaim Your truth in every age by many
voices. Direct, in our time, we pray, our Senators, those present and all who
speak where many listen and write what many read; that they may do their part
in making the heart of this people wise, its mind sound and its will righteous
to the honor of Your Name.
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 Joint Resolution
No. 4, has had the same under consideration, and begs leave to report the same
back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Finance, to which was referred Assembly Bill No. 153, 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. 191, 263,
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. 324, 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 were referred Assembly Bills Nos.
114, 125, 217, 390, 458, 528, has had the same under consideration, and begs
leave to report the same back with the recommendation: Amend, and do pass as
amended.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which were referred Assembly
Bills Nos. 218, 384, 402, 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 Assembly Bills Nos. 288, 365,
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 Natural Resources, to which was referred Assembly Bill No. 488,
has had the same under consideration, and begs leave to report the same back
with the recommendation: Do pass.
Also,
your Committee on Natural Resources, to which was referred Assembly Bill No.
485, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam
President:
Your
Committee on Taxation, to which was referred Assembly Bill No. 361, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Also,
your Committee on Taxation, to which was referred Assembly Bill No. 205, 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 referred Assembly Bill No. 358, 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 15, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Joint Resolution No. 15; Senate Bills Nos. 13, 16, 54, 140,
141, 145, 201.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 13, 16, 254, 267, 516, 518; Assembly Joint Resolution No. 13.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 24, Amendment No. 620; Senate Bill No. 40, Amendment No. 599; Senate Bill No. 43, Amendment No. 600; Senate Bill No. 48, Amendment No. 601; Senate Bill No. 70, Amendment No. 598; Senate Bill No. 89, Amendment No. 523; Senate Bill No. 197, Amendment No. 618; Senate Bill No. 204, Amendment No. 563; Senate Bill No. 207, Amendment No. 619; Senate Bill No. 237, Amendment No. 591, and respectfully requests your honorable body to concur in said amendments.
Also,
I have the honor to inform your honorable body that the Assembly on this day
respectfully refused to concur in the Senate Amendment No. 695 to Assembly Bill
No. 155 and concurred in the Senate Amendment No. 630 to Assembly Bill No. 155.
WAIVERS
AND EXEMPTIONS
Waiver
of Joint Standing Rule(s)
A Waiver requested by
Assemblyman Richard Perkins
For: Senate Bill No. 400.
To Waive:
Subsection 3 of Joint
Standing Rule No. 14.3.
Subsection 4 of Joint
Standing Rule No. 14.3.
Has been granted effective: May 15, 2003.
Notice
of Exemption
May 15, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of Senate Bills Nos. 173, 446.
|
Mark
Stevens |
|
Fiscal Analysis Division |
May 16, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of Senate Bills Nos. 6, 44, 233, 264, 317, 440, 447.
MOTIONS, RESOLUTIONS AND NOTICES
In compliance with a notice given on the previous day, Senator Amodei moved that the vote whereby Assembly Bill No. 315 was passed be reconsidered.
Remarks by Senator Amodei.
Motion carried.
Senator Amodei moved that Assembly Bill No. 315 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Amodei.
Motion carried.
In compliance with a notice given on the previous day, Senator Washington moved that the vote whereby Assembly Bill No. 294 was passed be reconsidered.
Remarks by Senator Washington.
Motion carried.
Senator Washington moved that Assembly Bill No. 294 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried.
Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senate Concurrent Resolution No. 13.
Resolution read.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 697.
Amend the resolution, page 3, line 7, by deleting “Commission” and inserting: “Committee on Health Care”.
Amend the resolution, page 3, by deleting lines 8 through 10 and inserting: “hereby directed to conduct a”.
Amend the resolution, page 3, line 11, by deleting “economic,”.
Amend the resolution, page 3, by deleting lines 13 through 17 and inserting:
“Resolved, That a subcommittee must be appointed for the study consisting of one Legislator appointed by the Majority Leader of the Senate, one Legislator appointed by the Minority Leader of the Senate, one Legislator appointed by the Speaker of the Assembly and one Legislator appointed by the Minority Leader of the Assembly, all of whom must have served on the Senate Standing Committee on Human Resources and Facilities or the Assembly Standing Committee on Health and Human Services during the 2003 Legislative Session; and be it further
Resolved, That one person assigned by the Health Division of the Department of Human Resources and one person assigned by the Department of Education shall also serve as voting members of the subcommittee; and be it further
Resolved, That the Legislative Commission shall appoint a chairman of the subcommittee from among the members of the subcommittee; and be it further”.
Amend the resolution, page 3, line 20, by deleting “economic,”.
Amend the resolution, page 3, by deleting line 44 and inserting: “standards;
10. Recommendations for programs and practices that encourage healthy and balanced fitness and nutritional choices; and”.
Amend the resolution, page 4, line 1, by deleting “10.” and inserting “11.”.
Amend the resolution, page 4, line 5, by deleting “committee” and inserting “subcommittee”.
Amend the resolution, page 4, line 7, by deleting “committee;” and inserting “subcommittee;”.
Amend the resolution, page 4, line 8, by deleting “Commission” and inserting: “Committee on Health Care”.
Amend the preamble of the resolution, page 2, line 21, by deleting “economic”.
Amend the preamble of the resolution, page 2, by deleting lines 27 through 34.
Amend the preamble of the resolution, page 2, by deleting lines 41 through 45.
Amend the title of the resolution to read as follows:
“Senate Concurrent Resolution—Directing the Legislative Committee on Health Care to conduct an interim study concerning the medical and societal costs and impacts of obesity in Nevada.”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Directs Legislative Committee on Health Care to conduct interim study concerning medical and societal costs and impacts of obesity in Nevada. (BDR R‑25)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
Senate Concurrent Resolution No. 20.
Resolution read.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 573.
Amend the resolution, pages 1 and 2, by deleting lines 19 through 21 on page 1 and lines 1 through 7 on page 2, and inserting:
“Assembly Concurring, That the Legislative Committee on Public Lands is hereby directed to conduct an interim study of the feasibility and desirability of a change in the boundary line between Nevada and Utah; and be it further
Resolved, That the Legislative Commission shall appoint one additional member of the Senate and one additional member of the Assembly to assist in conducting the study; and be it”.
Amend the resolution, page 2, by deleting line 16 and inserting:
“Resolved, That the Legislative Committee on Public Lands may appoint and consult with an advisory committee for the purposes of this study; and be it further
Resolved, That the members of the advisory committee serve without compensation and per diem allowances, travel expenses or other reimbursement; and be it further
Resolved, That the members of the Legislative Committee on Public Lands are directed to meet, communicate and work cooperatively”.
Amend the resolution, page 2, line 22, by deleting “Committee” and inserting: “Legislative Committee on Public Lands”.
Amend the resolution, page 2, by deleting lines 24 through 28 and inserting: “Counsel Bureau for transmittal to the Legislative Commission.”.
Amend the title of the resolution, second line, by deleting “Commission” and inserting: “Committee on Public Lands”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Directs Legislative Committee on Public Lands to conduct interim study of feasibility and desirability of changing state boundary line along border with Utah. (BDR R‑786)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
By the Committee on Natural Resources:
Senate Joint Resolution No. 10—Expressing support for the plan to consolidate certain public and private lands in Pershing County and urging the members of the Nevada Congressional Delegation to introduce and support legislation providing for such consolidation of lands in Pershing County.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Joint Resolution No. 13.
Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Assembly Joint Resolution No. 15.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
INTRODUCTION, FIRST READING
AND REFERENCE
By the Committee on Finance:
Senate Bill No. 496—AN ACT relating to economic development; limiting the amount of money that the Commission on Economic Development may expend each fiscal year to carry out certain training programs for employees of businesses; providing for the reversion to the State General Fund of certain money administered by the Commission to carry out such training programs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 13.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 16.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 254.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 267.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 516.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 518.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 30.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 698.
Amend sec. 5, page 5, by deleting lines 24 through 30 and inserting:
“3. When a person, formerly a nonresident, becomes a resident of this state, he shall:
(a) Within 30 days after becoming a resident; or
(b) At the time he obtains his driver’s license,
whichever
occurs earlier, apply for the registration of [any vehicle which] each vehicle he owns [and] which
is operated in this state. When a person,
formerly a nonresident, applies for a driver’s license in this state, the
Department shall inform the person of the requirements imposed by this
subsection and of the penalties that may be imposed for failure to comply with
the provisions of this subsection. In addition, the Department shall maintain
or cause to be maintained a list or other record of persons who fail to comply
with the provisions of this subsection and shall, at least once each month,
provide a copy of that list or record to the Department of Public Safety.”.
Amend the bill as a whole by deleting sections 7 and 8 and renumbering sections 9 through 11 as sections 7 through 9.
Amend sec. 11, page 11, by deleting lines 10 and 11 and inserting:
“Sec. 9. 1. This section and sections 1 to 4, inclusive, 6, 7 and 8 of this act become effective upon passage and approval.
2. Section 5 of this act becomes effective on July 1, 2004.”.
Amend the title of the bill by deleting the third and fourth lines and inserting: “new residents of this state; revising the provision which”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Carlton and Nolan.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 35.
Bill read second time and ordered to third reading.
Assembly Bill No. 40.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 709.
Amend section 1, page 1, line 10, by deleting “Ninety” and inserting “Thirty”.
Amend section 1, page 2, between lines 2 and 3, by inserting:
“5. If an action is recommenced pursuant to paragraph (b) of subsection 1, any applicable findings of fact or conclusions of law entered by the court that dismissed the action shall be deemed binding in the action that is recommenced.”.
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. 92.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 658.
Amend section 1, page 2, line 34, by deleting “such” and inserting “the”. Amend the bill as a whole by renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:
“Sec. 3. NRS 105.070 is hereby amended to read as follows:
105.070 1. The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2. The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3. The
uniform fee for filing and indexing a security instrument, or a supplement or
amendment thereto, and a statement of change, merger or consolidation, and for
stamping a copy of those documents furnished by the secured party or the public
utility [,] to show the date and place of filing is [$15 if the
document is in the standard form prescribed by the Secretary of State and
otherwise is $20, plus $1 for each additional debtor or trade name.] :
(a) Twenty
dollars if the record is communicated in writing and consists of one or two
pages;
(b) Forty
dollars if the record is communicated in writing and consists of more than two
pages, and $1 for each page over 20 pages;
(c) Ten
dollars if the record is communicated by another medium authorized by
filing-office rule; and
(d) One
dollar for each additional debtor, trade name or reference to another name
under which business is done.
Sec. 4. NRS 105.080 is hereby amended to read as follows:
105.080 1. Upon the request of any person, the
Secretary of State shall issue his certificate showing whether there is on file
, on the date and hour stated
therein, any presently effective security instrument naming a particular public
utility [,] and , if there is,
giving the date and hour of filing of the instrument and the names and
addresses of each secured party. The uniform fee for such a certificate is [$15
if the request for the certificate is in the standard form prescribed by the
Secretary of State and otherwise is $20.] :
(a) Twenty
dollars if the request is communicated in writing; and
(b) Fifteen
dollars if the request is communicated by another medium authorized by
filing-office rule.
2. Upon request , the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
Sec. 5. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal
lien, a refiling of a notice of federal lien [,] or a notice of
revocation of any certificate described in subsection 2 is presented to the
filing officer who is:
(a) The Secretary of State, he shall cause the notice to be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
(b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name of the person named in the notice and the date of receipt.
2. If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the Secretary of State for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical index of liens.
4. Upon
request of any person, the filing officer shall issue his certificate showing
whether there is on file, on the date and hour stated therein, any active
notice of lien or certificate or notice affecting any lien filed under
NRS 108.825 to 108.837, inclusive, naming a particular person [,]
and , if a notice or certificate is
on file, giving the date and hour of filing of each notice or certificate. The
certificate must state that it reveals active liens only. The fee for a
certificate is [$15 if the statement is in the standard form prescribed by
the Secretary of State and otherwise is $20.] :
(a) Twenty
dollars if the request is communicated in writing; and
(b) Fifteen
dollars if the request is communicated by another medium authorized by
filing-office rule.
5. Upon request , the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for the statutory fee for copies.”.
Amend the title of the bill, third line, after “records;” by inserting: “revising certain fees related to certain security instruments and liens;”.
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. 117.
Bill read second time and ordered to third reading.
Assembly Bill No. 160.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 660.
Amend section 1, pages 1 and 2, by deleting lines 2 through 5 on page 1 and lines 1 through 15 on page 2, and inserting: “thereto the provisions set forth as sections 2 and 3 of this act.”.
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. If a court issues an
extended order which includes an order for the support of a minor child, the
court shall order the adverse party to assign to the party who obtained the
extended order that portion of the income of the adverse party which is due or
to become due and is sufficient to pay the amount ordered by the court for the
support, unless the court finds good cause for the postponement of the
assignment. A finding of good cause must be based upon a written finding by the
court that the immediate assignment of income would not be in the best
interests of the child.
2. An assignment of income ordered pursuant to
subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.
3. The Welfare Division of the Department of Human Resources, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.
Sec.
3. 1. If the current address where
the adverse party resides is unknown and the law enforcement agency has made at
least two attempts to personally serve the adverse party at his current place
of employment, the law enforcement agency or a person designated by the law
enforcement agency may serve the adverse party by:
(a) Delivering
a copy of the application for an extended order, the notice of hearing thereon
and a copy of the temporary order to the current place of employment of the
adverse party; and
(b) Thereafter,
mailing a copy of the application for an extended order, the notice of hearing
thereon and a copy of the temporary order to the adverse party at his current
place of employment.
2. Delivery pursuant to paragraph (a) of
subsection 1 must be made by leaving a copy of the documents specified at the
current place of employment of the adverse party with the manager of the
department of human resources or another similar person. Such a person shall:
(a) Accept
service of the documents and make a reasonable effort to deliver the documents
to the adverse party;
(b) Identify
another appropriate person who will accept service of the documents and who
shall make a reasonable effort to deliver the documents to the adverse party;
or
(c) Contact
the adverse party and arrange for the adverse party to be present at the place
of employment to accept service of the documents personally.
3. After delivering the documents to the place
of employment of the adverse party, a copy of the documents must be mailed to
the adverse party by first-class mail to the place of employment of the adverse
party in care of the employer.
4. The adverse party shall be deemed to have
been served 10 days after the date on which the documents are mailed to the
adverse party.
5. Upon completion of service pursuant to this
section, the law enforcement agency or the person designated by the law
enforcement agency who served the adverse party in the manner set forth in this
section shall file with or mail to the clerk of the court proof of service in
this manner.
6. An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.”.
Amend sec. 2, page 2, line 18, by deleting “section 1” and inserting: “sections 2 and 3”.
Amend the bill as a whole by renumbering sections 3 through 15 as sections 6 through 18 and adding a new section designated sec. 5, following sec. 2, to read as follows:
“Sec. 5. NRS 33.060 is hereby amended to read as follows:
33.060 1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
2. The
court shall order the appropriate law enforcement agency to serve, without
charge, the adverse party personally with the temporary order and to file with
or mail to the clerk of the court proof of service by the end of the next
business day after service is made. Service of an application for an extended
order and the notice of hearing thereon must be served upon the adverse party [pursuant]
:
(a) Pursuant
to the Nevada Rules of Civil Procedure [.] ; or
(b) In
the manner provided in section 3 of this act.
3. A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.”.
Amend sec. 4, page 2, line 40, by deleting: “5 to 13,” and inserting: “8 to 16,”.
Amend sec. 5, page 2, line 42, by deleting: “5 to 13,” and inserting: “8 to 16,”.
Amend sec. 5, page 2, line 43, by deleting: “6 to 9,” and inserting: “9 to 12,”.
Amend sec. 11, page 3, line 29, by deleting “13” and inserting “16”.
Amend sec. 11, page 3, line 33, by deleting “10” and inserting “13”.
Amend sec. 12, page 3, line 34, by deleting “11” and inserting “14”.
Amend sec. 13, page 3, line 42, by deleting “11” and inserting “14”.
Amend sec. 14, page 4, lines 17, 21 and 27, by deleting “1” and inserting “2”.
Amend sec. 15, page 5, line 19, by deleting “1” and inserting “2”.
Amend the title of the bill, fourth line, after “circumstances;” by inserting: “providing an additional manner of service of certain documents upon the adverse party under certain circumstances;”.
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. 230.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 608.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 461A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec.
2. “Corporate cooperative park” has the meaning ascribed to it in NRS
118B.0117.
Sec.
3. 1. The board of directors of a
mobile home park owned or leased by a nonprofit organization must consist of a
number of members such that one-third of the members of the board are elected
by the residents of the park, one-third of the members of the board are
appointed by the governing body of the local government with jurisdiction over
the location of the park and one-third of the members of the board are
appointed by the nonprofit organization owning or leasing the park.
2. The provisions of this section do not apply
to a corporate cooperative park.
Sec. 4. NRS 461A.010 is hereby amended to read as follows:
461A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461A.020 to 461A.065, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 461A.230 is hereby amended to read as follows:
461A.230 1. Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from a utility or an alternative seller to each lot if those services are available.
2. Each mobile home park constructed after October 1, 1989, must provide direct:
(a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.
(b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.
3. [In]
Except as otherwise provided in
subsection 4, in a county whose population is 400,000 or more, each mobile
home park constructed after October 1, 1995, must provide direct water service,
as provided in paragraph (b) of subsection 2, that is connected to individual
meters for each lot. The individual meters must be installed in compliance with
any uniform design and construction standards adopted by the public utility or
city, county or other governmental entity which provides water service in the
county.
4. The provisions of subsection 3:
(a) Do
not apply to a mobile home park constructed after October 1, 1995, if the
mobile home park is operated by:
(1)
A public housing authority; or
(2)
A nonprofit corporation. As used in this subparagraph, “nonprofit corporation”
does not include a corporate cooperative park.
(b) Do
not prohibit a mobile home park constructed on or before October 1, 1995,
from expanding the number of lots in the mobile home park if the expansion can
be accommodated under the capacity, as it existed on October 1, 1995, of the
service connection to the master meter for the mobile home park.
5. As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.
Sec. 6. This act becomes effective on July 1, 2003.”.
Amend the title of the bill, third line, by deleting “removing” and inserting: “providing exceptions to”.
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. 348.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 691.
Amend section 1, page 1, by deleting lines 5 through 7 and inserting:
“1. On or before February 1 of the year immediately preceding the year to which the factors will be applied, the Department shall provide the proposed factors to each county”.
Amend section 1, page 1, line 9, by deleting “September 1” and inserting “May 15”.
Amend section 1, pages 1 and 2, by deleting lines 13 through 15 on page 1 and lines 1 through 15 on page 2, and inserting:
“3. If one or more of the county assessors notify
the Nevada Tax Commission of an objection to the proposed factors that are applicable
to the county they represent, the Nevada Tax Commission shall, at a regularly
scheduled meeting of the Commission, hold a hearing on those proposed factors
before the factors are adopted. At the hearing, the Nevada Tax Commission
shall:
(a) Make
every effort to reconcile the objection or objections of each county assessor;
and
(b) Provide to those persons attending the hearing copies of any published reference manuals and the local indicators of the taxable value of improvements that were used by the Department to establish the proposed factors.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 417.
Bill read second time and ordered to third reading.
Assembly Bill No. 419.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 708.
Amend section 1, page 2, between lines 35 and 36, by inserting:
“(c) An
offender in the course and scope of his employment in a work program directed
by the warden, sheriff, administrator or other person responsible for
administering a prison, jail or other detention facility.
(d) A person performing work through a court-assigned restitution or community-service program.”.
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. 437.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 692.
Amend section 1, page 2, by deleting lines 3 through 5 and inserting: “the brewer, distiller, manufacturer, producer, vintner or bottler of the liquor, or a designated agent of such a person, has not designated an importer to import the liquor into this state; or”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 369.4865 is hereby amended to read as follows:
369.4865 1. [A] Except as otherwise provided in subsection
2, a retail liquor store that holds a nonrestricted license may transfer an
original package of liquor to another retail liquor store that holds a
nonrestricted license, and that other retail liquor store may receive the
original package of liquor pursuant to the transfer, if:
(a) Each retail liquor store:
(1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and
(2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;
(b) The initial retail liquor store:
(1) Obtained the original package of liquor in compliance with the provisions of this chapter;
(2) Is an affiliate of the retail liquor store that receives the transfer; and
(3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;
(c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and
(d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.
2. A retail liquor store that holds a
nonrestricted license may transfer an original package of beer to another
retail liquor store that holds a nonrestricted license, and that other retail
liquor store may receive the original package of beer pursuant to the transfer,
if the wholesale dealer of the beer authorizes, in writing, the nonrestricted
licensee to make such a transfer.
3. A transfer authorized by this section shall not be deemed a sale.
[3.] 4. A retail liquor store
that transfers or receives an original package of liquor as authorized by this
section:
(a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.
(b) Notwithstanding the provisions of subsection 5 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.
[4.] 5. As used in this section:
(a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.
(b) [“Liquor” does not include beer.
(c)] “Marketing area” has the meaning ascribed to it in NRS 597.136.
[(d)] (c) “Nonrestricted license” has the meaning ascribed to it in
NRS 463.0177.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:
“Sec. 5. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 228.380,
the Attorney General shall enforce the provisions of NRS 597.120 to 597.260,
inclusive, and shall cause appropriate legal action to be taken to enforce
those provisions.
2. This section does not prohibit:
(a) A
wholesaler from bringing an action against a supplier pursuant to NRS 597.170.
(b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to alcoholic beverages; revising the definition of “supplier” for the purposes of the tax on and the sale of liquor; authorizing a retail liquor store that holds a nonrestricted license to transfer an original package of beer to another retail liquor store that holds a nonrestricted license under certain circumstances; requiring the Attorney General to enforce certain provisions governing the sale of alcoholic beverages; and”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 443.
Bill read second time and ordered to third reading.
Assembly Bill No. 522.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 662.
Amend section 1, page 1, by deleting lines 6 through 10 and inserting:
“(a) Physical [or mechanical] damage
to the car, up to and including its fair market value, [resulting from a
collision,] regardless of the cause of the damage.”.
Amend sec. 4, page 4, lines 33 and 34, by
deleting: “[24-hour rental period]
rental day” and inserting: “rental
day or 24-hour rental period , as
appropriate,”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senator Rawson moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:01 p.m.
SENATE IN SESSION
At 12:08 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 289.
Bill read third time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 696.
Amend section 1, pages 1 and 2, by deleting lines 1 through 13 on page 1 and lines 1 through 19 on page 2, and inserting:
“Section 1. 1. The Legislative Committee on Health Care shall conduct an interim study of the current challenges of ensuring that adequate health care is available to all of the residents of Nevada, now and in the future. The study must include a search for innovative ways to expand the availability of health care in Nevada, including a determination of the feasibility of a single-payer health care system, the expansion of coverage for persons who are employed but are not able to find affordable health insurance and the expansion of the Medicaid program.
2. The Legislative Committee on Health Care shall appoint:
(a) A subcommittee for the study, consisting of members of the Legislative Committee on Health Care, Legislators other than members of the Legislative Committee on Health Care, or any combination thereof; and
(b) A chairman of the subcommittee from among the members of the subcommittee.
3. The study must include, without limitation:
(a) An examination of the unique characteristics of the health care market in the State of Nevada that may contribute to the increasing costs of health insurance and health care services in this state;
(b) An examination of the future health care needs of the residents of Nevada, including the need for providers of health care, medical facilities, medical equipment and other medical services; and
(c) A search for ways to expand health care coverage for all residents of Nevada, including:
(1) The feasibility of establishing a State Health Authority to coordinate a single-payer system in the State of Nevada, including a review of the different forms of single-payer systems implemented or contemplated by other states, such as employer mandates, “play or pay,” tax incentives and state purchasing plans;
(2) An examination of the number and distribution of uninsured residents of this state, including a review of the demographics of persons who are employed but are not able to find affordable health insurance, and a determination of the feasibility of expanding employment-based health insurance in Nevada;
(3) An examination of changes that have occurred in the affordability of health insurance policies for persons residing in Nevada, including a review of the increases in cost-sharing among health insurance plans; and
(4) An examination of the feasibility of expanding state-sponsored health insurance, including an expansion of Medicaid eligibility for those who fall just outside of the requirements for eligibility and the option of expanding Medicaid to cover all optional services.
4. The Legislative Committee on Health Care shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.
Amend the title of the bill by deleting the second through fifth lines and inserting:
“Committee on Health Care to study the current challenges of ensuring that adequate health care is available to all of the residents of Nevada, now and in the future;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Committee on Health Care to study current challenges of ensuring that adequate health care is available to all residents of Nevada, now and in future. (BDR S‑720)”.
Senator Raggio moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 25, 32, 60, 78, 95, 100, 107, 132, 146, 156, 190, 323, 336, 381, 396, 405, 421, 424, 445, 448, 451, 498, 507, 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.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bills Nos. 71, 86, 103, 221, 231, 233, 235, 245, 285, 344, 375.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Children of Hawaii Hula Troop: Halau Haa O Heleloa, Candace Guantero, Andrea Guantero, Natalie Ventic, Joi Abarintos and Hope Abarintos.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperones and faculty from the Numa Elementary School: Cody Baltazar, Robert Conway, Taylor Cooper, Matthew DeRose, Olivia Dillon, Dillon Grant, Alyxxandria Godwin, Megan Hancock, Joshua Kilpatrick, Kennedy Koenig, Carly Martin, Kellie Mongillo, K. C. O'Connor, Michael Pearson, Jared Rogers, Shelby Schelling, Alexander South, Steven Woodward, Kenna Yates, Monette Jenkins, Jordan Smith, Allyson Evers, Tyler Huff; chaperones: Jacqueline Mongillo, Leslie Martin, Terra Koenig, Jeff Ritchie, Tracy Hancock and faculty: Susannah Hooper-Howe.
Senator Raggio moved that the Senate adjourn until Saturday, May 17, 2003, at 10 a.m.
Motion carried.
Senate adjourned at 12:09 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate