THE TENTH DAY
Carson City (Thursday), June 12, 2003
Senate called to order at 1:28 p.m.
President Hunt presiding.
Roll called.
All present except Senators Care and Titus, who were excused.
Prayer by Senator Rawson.
Our Father in heaven, we pause in the press of our day to give
thanks again for our blessings and to approach Thee and ask Thee to be with us
in our deliberations. We ask Thee to remind us of our responsibilities and to
help us in our independence of thought that each of us, individually, choose to
do those things that we consider in our hearts to be the best for the people.
We are grateful for these young men that are with us today and ask Thee to be
with them that they may see the good part of our system and that they may learn
the things that will inspire them to carry on the responsibility long after us.
Now, again, we pray for Thy spirit to be with us that we may move
beyond the impasse that has us. We do this in the Name of thy Son.
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.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee of the Whole:
Senate Bill No. 6—AN ACT relating to business; providing for the implementation, modification and standardization of certain filing requirements for business entities; changing the exclusive remedy by which a judgment creditor of a member of a limited-liability company or a limited partnership may satisfy a judgment; increasing certain fees and establishing new fees; making various other changes to provisions pertaining to business entities; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee of the Whole:
Senate Bill No. 7—AN ACT relating to gaming; revising the provisions pertaining to the acquisition or disposition of an interest in a business entity that holds a state gaming license or the option to purchase such an interest; authorizing the Nevada Gaming Commission to adopt regulations prescribing the manner for submission of payments by licensees; requiring a person employed as a gaming employee to be registered as a gaming employee by the State Gaming Control Board; requiring the Board to investigate each person applying for registration or renewal of registration as a gaming employee; providing for a fee for processing an application for registration as a gaming employee; authorizing the Commission to adopt regulations allowing a person who owns antique gaming devices to sell such devices without procuring a license; authorizing a gaming licensee or his officers, employees or agents who have reasonable cause to believe that a person has committed a felony to take into custody and detain such a person; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Senate resolve itself into a Committee of the Whole for the purpose of considering various revenue plans and the unresolved issues of the 72nd Legislative Session, with Senator Raggio as Chairman and Senator McGinness as Vice Chairman of the Committee of the Whole.
Motion carried.
IN COMMITTEE OF THE WHOLE
At 1:36 p.m.
Senator Raggio presiding.
The various revenue plans and the unresolved issues of the 72nd Legislative Session considered.
The Committee of the Whole was addressed by Senator Raggio; Brenda J. Erdoes, Legislative Counsel; Senator Carlton; Senator Wiener; Senator Schneider; Senator Nolan; Senator Neal; Senator Mathews; Senator Cegavske and Senator Coffin.
Senator Raggio:
The Committee of the Whole will meet in the Chamber.
The purpose of the meeting is to consider Senate Bill No. 6 and Senate Bill No.
7. Brenda Erdoes, Legislative Counsel, will explain the bills. I have been
assured by the Legislative Counsel that these bills are what they say and that
there is no information contained in the bills that is not relevant.
We will begin with Senate Bill No. 6, the act pertaining to the
fees charged by the Secretary of State. Legal Counsel will give a brief summary
of the bill, and then we will open up the discussion and take questions from
the Committee.
Both of these bills were considered by the Senate Committee on
Finance and were approved by the Assembly Ways and Means Committee. Each of
these bills is necessary for the budget. Senate Bill No. 6 contains fees
approved in the budget and they provide the revenue for those purposes as
indicated. Senate Bill No. 7 relates to the authority of the Gaming Control
Board to handle the work card program that will now be a statewide program
containing the fee mechanism to fund that program.
Brenda J. Erdoes (Legislative Counsel):
Thank you. This Bill Draft Request (BDR) makes
various changes to the filing requirements for business entities in Title 7 of
NRS for corporations and other similar organizations. It provides for the
creation of certain types of new business entities and creates various fees
related to filings made by business entities and filings concerning securities.
This BDR contains the text of the fourth reprint of A.B. No. 536
of the 72nd Session and it includes a conference amendment which, if it was
adopted, would have turned A.B. No. 536 of the 72nd Session into a fifth
reprint. Conference Committee Amendment No. 11 included language to increase
the fee to $125 per year. This fee must accompany each annual list of
corporations and other entities organized under Title 7 that must be filed each
year with the Secretary of State. It is part of the budget plan passed. This
legislation would provide the General Fund with revenue of approximately $21
million in fiscal year 2004 and $25.5 million in fiscal year 2005. The BDR
contains changes offered by the Secretary of State. The summary in front of you
contains those changes and contains changes offered by the resident agents
association with regard to the increase in the fees.
Senator Carlton:
Thank you, Mr. Chairman. In a previous version of
this bill, there was language for protections of corporations under the
limited-liability corporation. Was that language amended out during the
conference committee in the other House? Where did that language go. Is it
truly gone from this bill?
Mrs. Erdoes:
That language was taken out by the conference
committee amendment that is included in this bill.
Senator Raggio:
That is not in this bill.
Mrs. Erdoes:
That is correct.
Senator Wiener:
Thank you. Just to be clear, the previous speaker asked the
question on limited liability. Is that the limited liability/limited
partnership language?
Mrs. Erdoes:
Yes.
Senator Raggio:
Are there any other questions on this proposed bill.
Senator Schneider moved to do pass Senate Bill No. 6.
Senator Nolan seconded the motion.
Motion carried unanimously.
Senator Raggio:
Let us now look at Senate Bill No. 7. Legal Counsel will explain
the bill, and then we will open the discussion and take questions.
Mrs. Erdoes:
This BDR makes various changes pertaining to the regulation of
gaming. It is the same text as the second reprint of S.B. No. 432 of the 72nd
Session. It has Conference Committee Amendment No. 44 added to it. That
amendment removes section 6.5 of the second reprint, and it amended the title
of the bill to remove the reference to that part which was in section 6.5. In
this case, the conference report was adopted by the Senate but the Assembly did
not have time before sine die to adopt it.
Senator Raggio:
Is this the same version that was approved by the Senate?
Mrs. Erdoes:
Yes. As part of the package for the budget, this bill creates a
statewide gaming work program for the Gaming Control Board. The program is
self-supporting. It reduces the Control Board’s General Fund appropriation by
$1.57 million for the biennium. That is why it is part of this package.
Senator Raggio:
In the summary, it is understood that the Gaming Control Board
will handle all of the work permits that have otherwise been handled by local
entities. Are there questions from the Committee?
Senator Neal:
That is the question I was going to ask. You indicted that the
repealed section now allows the Gaming Control Board to have jurisdiction over
all work cards.
Senator Raggio:
The question is whether the repealed section provides that the
Gaming Control Board will have the exclusive authority to handle work card
permits.
Mrs. Erdoes:
Yes, that is what the bill does. Those repealers are to remove
references to that. The bill, as a whole, does provide the Gaming Control Board
with the authority to handle the entire State’s gaming cards.
Senator Raggio:
The Committee will understand that we heard this testimony when
we sat as the Senate Committee on Finance and possibly another committee heard
this as well. This was based on a decision and indications that the local
government, particularly in Clark County, did not want to continue this
function. Therefore, the State Gaming Control Board took it over. It is funded
by the fees that are included in the bill.
Senator Wiener:
In one of the iterations of the bill, there was a concern with a
rural county, I believe, Douglas County, who wanted the ability to still have
the opportunity to exercise control. Is that not in this bill?
Mrs. Erdoes:
The provision is on page 6 of the bill. It does provide that the
application for registration and change of employment notice must be filed
through the licensee for whom the applicant will commence or continue working
as a gaming employee unless otherwise filed with the Board as proscribed by
regulation of the Commission. It allows the Commission to make exceptions for
the counties that want to do it.
Senator Carlton:
Thank you, Mr. Chairman. Am I to assume that the $75 fee to be
charged to the employees is a cap or will the board be able to change that
number based upon the number being revenue neutral?
When we do work cards in southern Nevada it was supposedly a
revenue-neutral scheme where the employee only pays the actual cost. It was not
to make any profit. I would like to be certain this $75 would be revenue
neutral and that the employees are not going to be paying more than just for
their card.
Senator Raggio:
It is the Chair’s recollection from Senate Committee on Finance,
that these fees were necessary in the amount stated to fund the cost of
handling this program. It was not designed to raise revenue.
Mrs. Erdoes:
You are correct. On page 7 of the bill, at the bottom, it says,
the “fee for processing application for registration or renewal of a gaming
employee card may be charged only to cover the actual investigative and
administrative costs related to processing the application.”
Senator Raggio:
It is an amendment to NRS 463.335.
Senator Carlton:
My other question was more of a procedural question. If someone
would be denied a card, have we addressed, through statute, how that will be
done. Will the Board be doing that through regulation? It is my understanding
it will be a statewide, multi-jurisdictional card, and I am hoping that
employees who apply for this card and who may be denied have an adequate
process of being able to appeal without having to make a trip to Carson City or
wherever they will need to make that appeal.
Senator Raggio:
My understanding is that this will be a statewide card. The
second part of the question was if a permit is denied or suspended for any
reason, is there an appeal process provided or is there one in existence.
Mrs. Erdoes:
There is one in existence, and that is what will be used. The
Gaming Control Board will provide the opportunity for hearing. What it does not
provide and leaves up to the Gaming Control Board is whether they will do that
at locations other than at their existing locations referred to in the BDR.
Senator Raggio:
The language in section 9, subsection 12 of the bill states, “any
person whose application for registration or renewal of registration as a
gaming employee has suspended or objected to by the Board may, not later than
60 days after receiving notice of the suspension or objection,” the word
“denial” has been stricken, “apply to the Board for a hearing.” Where is
“denial” covered? Is that covered by “objected to?”
Mrs. Erdoes:
That is terminology of the Gaming Control Board. Instead of
calling it “denial,” it is “objection” to granting it. It is the same thing.
Senator Mathews:
In section 9, in response to Legal Counsel’s explanation to
Senator Carlton’s question, on page 2 of the explanation where it says, “This
section also removes the limit of $75 on fees charged in relation to the
processing of an application for registration.” They can increase the fee
because it says the fee is still limited to the actual costs. Therefore, if the
costs increase to $100, then the Board can charge $100. Am I reading this
right?
Mrs. Erdoes:
Yes.
Senator Raggio:
Are there other questions on this bill?
Senator Cegavske moved to do pass Senate Bill No. 7.
Senator Wiener seconded the motion.
Motion carried unanimously.
On the motion of Senator Coffin, the committee did rise and report back to the Senate.
SENATE IN SESSION
At 1:53 p.m.
President Hunt presiding.
Quorum present.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee of the Whole, to which were referred Senate Bills Nos. 6, 7, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
William J. Raggio, Chairman
GENERAL FILE AND THIRD READING
Senate Bill No. 6.
Bill read third time.
Roll call on Senate Bill No. 6:
Yeas—19.
Nays—None.
Excused—Care, Titus—2.
Senate Bill No. 6 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 7.
Bill read third time.
Roll call on Senate Bill No. 7:
Yeas—19.
Nays—None.
Excused—Care, Titus—2.
Senate Bill No. 7 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 5 p.m.
Motion carried.
Senate in recess at 1:57 p.m.
SENATE IN SESSION
At 8:06 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE GOVERNOR
State
of Nevada
Executive
Chamber
Carson
City, Nevada 89701
A
PROCLAMATION BY THE GOVERNOR
Whereas, Section 1 of Article 4 of the Constitution of the State
of Nevada provides that, “The Legislative authority of this State shall be
vested in a Senate and Assembly which shall be designated ‘The Legislature of
the State of Nevada’ and the sessions of such Legislature shall be held at the
seat of government of the State;”
Whereas, on June 3, 2003, I, Kenny C. Guinn, Governor of the
State of Nevada, through my proclamation, convened the 19th Special Session of
the Nevada Legislature;
Whereas, Section 11 of Article 5 of the Constitution of the State
of Nevada provides that, “In case of a disagreement between the two Houses with
respect to the time of adjournment, the Governor shall have the power to
adjourn the Legislature to such time as he may think proper; Provided, it be
not beyond the time fixed for the meeting of the next Legislature;” Whereas, the Speaker of the Assembly
and the Senate Majority Leader have informed me there is disagreement between
the two houses with respect to the time of adjournment for the 19th Special
Session of the Nevada Legislature;
Therefore, I, Kenny C. Guinn, by virtue of the authority vested
in me by the Constitution of the State of Nevada, hereby adjourn the 19th
Special Session of the Nevada Legislature from 4:00 p.m. on June 13 2003, until
8:00 a.m. on June 23, 2003.
IN
WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of Nevada to be affixed at the State Capitol in Carson City, this 12th
day of June, in the year two thousand three
Kenny C. Guinn
Governor
Dean Heller
Secretary of State
Renee Parker
Chief Deputy Secretary of State
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 Ned Hoogland, Junior Counselor; Joel Wortman, Boys’ State delegates and staff.
Senator Raggio moved that the Senate adjourn until call of the Chair.
Motion carried.
Senate adjourned at 8:08 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate