Carson City (Thursday), May 29, 1997

Senate called to order at 10:58 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.

Prayer by the Chaplain, Deacon Elaine Morgan.
Holy Father, may Your Holy Spirit help us to be steadfast in our praise and thanksgiving as we remember Your grace and many mercies. May we learn to acknowledge Your help in all situations even when we do not at first recognize it. Make us mindful of the times when we have not been grateful for Your help. Provide us with the grace to accept responsibility for our words, decisions, and actions and to help others to accept personal responsibility for their words, decisions, and actions. Help each of us to know that we are responsible to each other and to You. We ask Your continued guidance for each member of the senate of the State of Nevada. In the Name of our Lord.

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.

William J. Raggio,

Chairman

Mr. President pro Tempore:
Your Committee on Finance, to which was re-referred Senate Bill No. 113, 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

Assembly Chamber, Carson City, May 28, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 207, 237.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 417, 444.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator O'Donnell:
Thank you, Mr. President pro Tempore. I, too, would like to urge passage of this resolution. I met Jay awhile back during one of the campaigns. I realized then that he was a man of integrity. This gentleman did a lot for our community. He brought the knowledge of home building to our community. In the past, this was not necessarily a part of a commissioner's job, but due to all the growth in the valley Jay brought with him the ability to master plan and to really look out for the good of Clark County and the State of Nevada. I have a lot of respect for Mr. Bingham and with his retirement I think Clark County is a little bit the lesser for that. I wish him the best.

Senator Shaffer:
Thank you, Mr. President pro Tempore. I, too, rise in support of S.C.R. 44. Jay and I go back a long way. He was a city councilman when I worked for the City of North Las Vegas. Of course, to get to the parking lot, you had to pass by my office. Jay and I always chatted almost on a daily basis. When 1984 rolled around, both Jay and I had political ambitions. We talked about a senate seat as well as a commissioners seat. Both districts were similar at that time. When we finally made the decision of who was going to run for which office, Jay decided to choose the County Commissioners which left me the choice of running for the Senate. We both campaigned very hard in 1984 and both were successful in our bids for election. I am still working and trying to get a $400 pension together after being in the Senate for 16 years. Jay did it in 12 years. He is way ahead of me and it is obvious that I made the wrong decision. He is one of the most honorable persons I ever had the privilege to be associated with. Whatever he chooses to do, I am sure he will be successful. I appreciate it and extend the privilege of the floor to Jay.
Resolution adopted.
Senator O'Donnell moved that all rules be suspended and that Senate Concurrent Resolution No. 44 be immediately transmitted to the Assembly.
Motion carried.

By Senators Porter, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 45--Commending former Clark County Commissioner Paul Christensen for his many years of public service to the State of Nevada.
Whereas, Paul J. Christensen was born in Milford, Utah, and became a Nevadan in 1939 when he and his family moved to Las Vegas; and
Whereas, Paul Christensen is a proud graduate of Las Vegas High School and Brigham Young University; and
Whereas, Paul Christensen's service to the State of Nevada includes over 11 years as a Las Vegas City Councilman followed by three terms as a Clark County Commissioner; and
Whereas, During his highly influential tenure, Commissioner Christensen served as Chairman of the Clark County Board of Commissioners, from 1987 to 1988, and Vice Chairman from 1989 to 1990 and 1995 to 1996, as well as chairman of a host of important boards in southern Nevada, including the Las Vegas Convention and Visitors Authority and the Southern Nevada Water Authority Board; and
Whereas, Added to the many honors garnered by Paul Christensen throughout his career will be the honor of being named a "Distinguished Nevadan" by the University of Nevada Regents in May of this year; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature do hereby express their gratitude and commend Paul J. Christensen for his many years of devoted public service to the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Paul J. Christensen.
Senator Porter moved the adoption of the resolution.
Remarks by Senators Porter, O'Donnell, Rawson and Neal.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Porter:
Thank you, Mr. President pro Tempore. I rise in support of Senate Concurrent Resolution No. 45. With me today is our honored guest, Paul Christensen, who served the State of Nevada for 23 and ½ years. It is certainly an honor to have him with us.
I served with Paul on many of the boards listed in the resolution, and under his leadership on the Las Vegas Convention and Visitors Authority. Paul used to give me a very hard time whether it had to do with issues concerning Boulder City or statewide issues. Paul would remind me frequently that Boulder City was about the size of a home owners association and that someday I should be able to move into a position of higher honor than being the president of a home owners association. I know he meant no ill will to the community, but liked to give me a hard time.
In the resolution it says "Whereas, during his highly influential tenure, Commissioner Christenen served as Chairman." Influentially is an understatement. Certainly, having had his finger on the pulse of our state for so many years, our quality of life has certainly been improved. Many of the improvements we see in Clark County, as we drive the highways, as we attend cultural events, as we attend special events, Paul has had his finger in their making.
I am proud to say that Paul is a friend of mine and a friend of the State of Nevada. I would appreciate at this time if the Senate would extend the courtesy of the floor to retired County Commissioner Paul Christensen.

Senator O'Donnell:
Thank you, Mr. President pro Tempore. I also want to say a few remarks concerning this resolution. I think one of the things Paul Christensen is noted for, in our community, is that he was a man of his word. When he told you something was going to be done, it was done. If he said it was not going to be done, then it wasn't going to be done. You may not have agreed with all the decisions he made, but I can tell you that he made a lot of decisions with a lot of vision and a lot of insight. He served Clark County for 23 ½ years. He has an awful lot of institutional memory. I think Paul will be sorely missed from the Commission. Paul and I have gone back several years and I have learned to love the man, respect him for what he is and he is, in my estimation, one of the kingpins in this state. I hope he doesn't quit. I hope he continues on. He has an awful lot to contribute to the community and for that we are very appreciative. I hope this body passes this resolution honoring him today.

Senator Rawson:
Thank you, Mr. President pro Tempore. I stand to honor both Jay Bingham and Paul Christensen. From the time I was a young boy, I grew up in the neighborhood of the Christensen family so I will direct my remarks more appropriately to that family.
I appreciate the example that Paul Christensen gave to the young men and women who were growing up at that time. It is an example that tells us we should be involved in our communities. We should stand for certain principles and should be willing to speak out for those things that are important and dear to us.
As I look over the City of Las Vegas, for many, many years I had great confidence in the decisions that were being made. Paul served for a time with the city and then with the county. I felt that if anyone could bring the two together on some of their issues that he could. As I look at it now, I begin to realize the impossibility of bringing some of those issues together. I look at our hospitals, the water, the roads, the planning and the infrastructure that has been put in place and realize that he had an influential, important and often times key decision in every one of those items.
I appreciate the fact that as he served there were times when he appeared to be impatient. The longer that I serve in this body, the more impatient I find myself becoming because there are issues we deal with every session that are never accomplished in the manner we would like to see. I know that worked on him in time.
I would like to extend my appreciation to Paul Christensen.

Senator Neal:
Thank you, Mr. President pro Tempore. I, too, rise in support of this resolution commending Paul Christensen for his many works and public service. I have known him for quite some time. We have had a lot of disagreements over the years. I have known him as a very stubborn individual at times, but once he came to the conclusion of supporting you he was always there. I have had a lot of fun in dealing with him over the years. He reminded me, some time ago, that he was now my constituent and that I now have to look at him in a different light. Not only is he my constituent, but the service Paul has rendered to the community and the south has been tremendous. He has been there during the most outlandish growth period in the history of this state. He has done well and helped to manage that growth. I have always appreciated him because you did not have to wonder about what was on his mind. If you asked him a question he told you how he felt. Since you don't have to wonder what is on my mind, in that sense we are together in telling people where we stand. If you don't like it, you have to convince us to go otherwise.
I am pleased to support this resolution commending his service.
Resolution adopted.
Senator O'Donnell moved that all rules be suspended and that Senate Concurrent Resolution No. 45 be immediately transmitted to the Assembly.
Motion carried.

Senator O'Connell moved that Assembly Bill No. 100 be taken from the General File and placed on the Secretary's desk.
Motion carried.

Senator O'Donnell moved that Senate Bill No. 341 be taken from the Second Reading File and placed on the Secretary's desk.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 431--An Act relating to accountants; revising provisions governing the allowable forms of business entities for the practice of public accounting; revising provisions governing the registration of offices established or maintained for the practice of public accounting; authorizing a fee for the registration of such offices; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senators Wiener, Rawson, James, Coffin, Jacobsen, Mathews, McGinness, Neal, O'Donnell, Porter, Regan, Shaffer and Titus:
Senate Bill No. 432--An Act relating to convicted persons; providing for therapeutic communities in prison and programs of aftercare to treat certain offenders who are substance abusers; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 417.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 444.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

"Summary--Requires public schools to comply with certain provisions of federal law governing release of information concerning pupils and elicitation of information from pupils. (BDR 34-50)".

Senate Bill No. 171.
Bill read second time and ordered to third reading.

Senate Bill No. 196.
Bill read second time and ordered to third reading.

Senate Bill No. 242.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 450.
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
"removed from his place of business [, except when redeemed by the owner thereof,] within 30 days after the receipt [thereof] of the property is reported to the sheriff or the chief of police as provided in this chapter [.] , unless the property is:
1. Redeemed by the owner thereof; or
2. Seized pursuant to a search warrant.".
Amend sec. 2, page 1, line 8, by deleting "[may] shall " and inserting "may".
Amend sec. 2, page 1, line 13, by deleting "[may] shall " and inserting "may".
Amend sec. 2, page 1, line 15, by deleting "[120] 90" and inserting "120".
Amend the bill as a whole by deleting sec. 3, renumbering sec. 4 as sec. 13 and adding new sections designated sections 3 through 12, following sec. 2, to read as follows:
"Sec. 3. NRS 646.060 is hereby amended to read as follows:
646.060A pawnbroker, and a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes property received or allows it to be removed from his place of business [, except upon redemption by the owner thereof, within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.] in violation of NRS 646.040.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
9. Violates any of the provisions of NRS 646.050.
Sec. 4. Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 11, inclusive, of this act.
Sec. 5. "Advertise" includes the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method to bring to the attention of the public that a person is engaged in the business of:
1. Purchasing or selling hides or junk; or
2. Buying and selling metal junk, melted metals or secondhand personal property, including, without limitation, antiques or collectibles.
Sec. 6. "Antique" means a unique object of personal property that is not less than 60 years old and has special value primarily because of its age.
Sec. 7. "Collectible" means an object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object.
Sec. 8. "Junk" includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.
Sec. 9. "Junk dealer" means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.
Sec. 10. "Secondhand dealer" means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, including, without limitation, antiques and collectibles.
Sec. 11. A junk dealer or secondhand dealer who, after purchasing property from a customer, enters into an agreement to allow the customer to buy back the property:
1. Must be licensed as a pawnbroker by the county, city or town in which the transaction occurred if that county, city or town requires pawnbrokers to obtain a license; and
2. Shall comply with the provisions of chapter 646 of NRS.
Sec. 12. NRS 647.010 is hereby amended to read as follows:
647.010As used in this chapter, unless the context otherwise requires [:
1. "Advertise" includes the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method to bring to the attention of the public that a person is engaged in the business of:
(a) Purchasing or selling hides or junk; or
(b) Buying and selling secondhand personal property, metal junk or melted metals.
2. "Junk" includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.
3. "Junk dealer" means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.
4. "Secondhand dealer" means any person engaged in whole or in part in the business of buying and selling secondhand personal property, metal junk or melted metals.] , the words and terms defined in sections 5 to 10, inclusive, of this act have the meanings ascribed to them in those sections.".
Amend sec. 4, page 2, line 13, by deleting "No" and inserting:
"[No]
1. Except as otherwise provided in subsection 2, no".
Amend sec. 4, page 2, line 17, by deleting "1." and inserting "[1.] (a)".
Amend sec. 4, page 2, line 21, by deleting "2." and inserting "[2.] (b)".
Amend sec. 4, page 2, between lines 24 and 25, by inserting:
"2. A secondhand dealer who purchases a motor vehicle may, during the period prescribed in subsection 1, remove the motor vehicle from the place of business at which the transaction occurred to a place used by the secondhand dealer for the storage of purchased motor vehicles. Once the motor vehicle is moved to the place of storage, the secondhand dealer shall not remove the motor vehicle from that place during the remainder of the period prescribed in subsection 1.".
Amend the bill as a whole by renumbering sections 5 and 6 as sections 15 and 16 and adding a new section designated sec. 14, following sec. 4, to read as follows:
"Sec. 14. NRS 647.140 is hereby amended to read as follows:
647.140A secondhand dealer and a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business or place of storage in violation of the provisions of NRS 647.130.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.".
Amend the title of the bill to read as follows:

"An Act relating to businesses; requiring a pawnbroker to charge a fee for the storage of a motor vehicle which is collateral for a loan; providing that a junk dealer or secondhand dealer who participates in certain activities must be licensed as a pawnbroker under certain circumstances; clarifying that a person who buys and sells antiques and collectibles is a secondhand dealer; revising the provisions relating to the period for the retention of certain types of property by secondhand dealers; providing a penalty; and providing other matters properly relating thereto.".

Senate Bill No. 306.
Bill read second time and ordered to third reading.

Senate Bill No. 320.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 381.
Amend sec. 14, page 7, by deleting lines 5 and 6 and inserting:
"(b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the state or a political subdivision of the state.".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 335.
Bill read second time and ordered to third reading.

Senate Bill No. 338.
Bill read second time and ordered to third reading.

Assembly Bill No. 133.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 358.
Amend sec. 3, page 1, by deleting line 17 and inserting:
"operates the vehicle pursuant to that lease may apply to the department for a".
Amend sec. 6, page 2, by deleting line 39 and inserting:
"leases it to a carrier and operates the vehicle pursuant to that lease, or a new or used".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 192.
Bill read second time and ordered to third reading.

Assembly Bill No. 364.
Bill read second time and ordered to third reading.

Assembly Bill No. 382.
Bill read second time and ordered to third reading.

Senate Bill No. 323.
Bill read third time.
Roll call on Senate Bill No. 323:
Yeas -- 21.
Nays -- None.
Senate Bill No. 323 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 344.
Bill read third time.
Roll call on Senate Bill No. 344:
Yeas -- 21.
Nays -- None.
Senate Bill No. 344 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 358.
Bill read third time.
Roll call on Senate Bill No. 358:
Yeas -- 21.
Nays -- None.
Senate Bill No. 358 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 407.
Bill read third time.
Roll call on Senate Bill No. 407:
Yeas -- 21.
Nays -- None.
Senate Bill No. 407 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 408.
Bill read third time.
Remarks by Senators James and O'Donnell.
Roll call on Senate Bill No. 408:
Yeas -- 21.
Nays -- None.
Senate Bill No. 408 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 68.
Bill read third time.
Remarks by Senators Coffin, Porter and Titus.
Roll call on Assembly Bill No. 68:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 68 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 114.
Bill read third time.
Roll call on Assembly Bill No. 114:
Yeas -- 20.
Nays -- None.
Not voting -- Coffin.
Assembly Bill No. 114 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 120.
Bill read third time.
Roll call on Assembly Bill No. 120:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 120 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 144.
Bill read third time.
Roll call on Assembly Bill No. 144:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 144 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 154.
Bill read third time.
Roll call on Assembly Bill No. 154:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 154 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 189.
Bill read third time.
Roll call on Assembly Bill No. 189:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 189 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 250.
Bill read third time.
Roll call on Assembly Bill No. 250:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 250 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 251.
Bill read third time.
Roll call on Assembly Bill No. 251:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 251 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 292.
Bill read third time.
Roll call on Assembly Bill No. 292:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 292 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 324.
Bill read third time.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks and a letter addressed to Senator Neal from the attorney general's office be entered in the Journal.
Thank you, Mr. President pro Tempore. When Assembly Bill No. 324 was before this house on the 23^rd of May, I raised a question and moved that the bill be placed on the Secretary's desk for the purpose of obtaining some information. I did have a conversation with the Office of the Attorney General and a letter was received from them.
The issue I was concerned about was whether or not this bill was in any way intended to increase the cap on the tort community of the state and its political subdivisions. The explanation I received was that this measure does not do that in any manner, but that it puts in statute the authority of the Attorney General to make payments from funds available in those situations where the tort immunity cap would have no application. As an example: in a Federal court or in another state where the state of Nevada is a party, and judgment is entered against the state or an order of some kind, the tort immunity would have no applicability.
I would ask that the letter from the Office of the Attorney General be included in the Journal for this legislative day and made part of legislative history and understanding of our actions on this measure.

Senator Joseph Neal
Nevada State Legislature
Carson City, Nevada

RE: Assembly Bill No. 324

Dear Senator Neal:

Thank you for meeting with Jon Hansen, the Tort Claims Administrator, and me yesterday. We appreciate the opportunity to clarify the purpose of Assembly Bill No. 324. As you requested, the following is intended to describe what the current law is, and how it is affected by Assembly Bill No. 324.

As you know, the State of Nevada chose to waive its tort liability and thereby consented to be sued in civil actions (with certain exceptions, limitations and requirements) up to a cap of $50,000. No award may include exemplary or punitive damages. (NRS 41.031 and 41.035) Assembly Bill No. 324 does not modify either of these sections.

Assembly Bill No. 324 does modify NRS 41.037 which limits the amount the board of examiners or the governing body of a political subdivision may approve for payment on any claim. The modification recognizes that there are certain claims which are not subject to the waiver of tort liability statutes, including the $50,000 cap. For example, in federal Civil Rights Act and in Title VII employment claims, damage awards against the state or its political subdivisions may exceed $50,000. Assembly Bill No. 324 changes the statute to reflect the reality that under federal law the state may be held liable for judgments in excess of $50,000. Assembly Bill No. 324 clarifies the authority of the Board of Examiners to consider and approve such federal claims as these.

Assembly Bill No. 324 is a housekeeping measure which brings the statutes in line with current tort claims procedures, which now are handled by the Attorney General's office pursuant to legislative action two sessions ago to transfer state tort claims administrative functions from the Risk Management Division.

I hope the above explanation helps clarify the purpose of Assembly Bill No. 324. Should you have further questions, please contact me at 687-3541.

FRANKIE SUE DEL PAPA
By: Anne B. Cathcart
Senior Deputy Attorney General

Roll call on Assembly Bill No. 324:
Yeas -- 21.
Nays -- None.

Assembly Bill No. 324 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Paul Christensen, Jacob Bingham and Pat Shalmy.

Senator Raggio moved that the Senate adjourn until Friday, May 30, 1997 at 10 a.m. and that it do so in memory of Norm Nielson.
Motion carried.

Senate adjourned at 12:31 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate