THE SIXTY-SEVENTH DAY
Carson City (Thursday), April 8, 1999
Assembly called to order at 11:26 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Minister Tom Rahme.
Our gracious Heavenly Father, we thank You for all the many blessings that You have bestowed upon us, even the snow that provides the much needed moisture to sustain us through the summer, all good and perfect gifts come from You. Lord, we pray that as You are the light unto the world, You also would be a guiding light to this Assembly as they begin their duties today. We pray in Our Lord's Name. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 674, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 64, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Education, to which was referred Assembly Bill No. 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Also, your Committee on Education, to which were referred Assembly Concurrent Resolutions Nos. 16, 37, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Also, your Committee on Education, to which was referred Assembly Bill No. 411, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Constitutional Amendments.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 142, 605, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 439, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 271, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry Jr., Chairman
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 238, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 7, 1999
To the Honorable the Assembly:
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 58, Amendment No. 199, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 45.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 382, 421, 498, 499, 514, 531.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 148, 297, 351, 375, 395, 396, 465.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 12.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted, as amended.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 148.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
general file and third reading
Assembly Bill No. 18.
Bill read third time.
Remarks by Assemblyman Claborn.
Roll call on Assembly Bill No. 18:
Yeas—36.
Nays—Angle, Beers, Gustavson, Mortenson, Von Tobel—5.
Excused—Nolan.
Assembly Bill No. 18 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 138.
Bill read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Bill No. 138:
Yeas—41.
Nays—None.
Excused—Nolan.
Assembly Bill No. 138 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 154.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 154:
Yeas—41.
Nays—None.
Excused—Nolan.
Assembly Bill No. 154 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 284.
Bill read third time.
Remarks by Assemblywomen Freeman and Angle.
Assemblywoman Angle moved that Assembly Bill No. 284 be taken from the General File and placed on the Chief Clerk's desk.
Motion lost.
Roll call on Assembly Bill No. 284:
Yeas—26.
Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, Claborn, Gibbons, Gustavson, Hettrick, Humke, Marvel, Mortenson, Nolan, Parnell, Von Tobel—16.
Assembly Bill No. 284 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 295.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 295:
Yeas—42.
Nays—None.
Assembly Bill No. 295 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 329.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 329:
Yeas—40.
Nays—Anderson, Evans—2.
Assembly Bill No. 329 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 338.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 338:
Yeas—41.
Nays—Brower.
Assembly Bill No. 338 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 358.
Bill read third time.
Remarks by Assemblymen Marvel and Carpenter.
Roll call on Assembly Bill No. 358:
Yeas—41.
Nays—None.
Not Voting—Angle.
Assembly Bill No. 358 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 400.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 400:
Yeas—42.
Nays—None.
Assembly Bill No. 400 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 407.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 407:
Yeas—42.
Nays—None.
Assembly Bill No. 407 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 409.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Assembly Bill No. 409:
Yeas—42.
Nays—None.
Assembly Bill No. 409 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 423.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 423:
Yeas—42.
Nays—None.
Assembly Bill No. 423 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 425.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 425:
Yeas—42.
Nays—None.
Assembly Bill No. 425 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 437.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 437:
Yeas—41.
Nays—Gibbons.
Assembly Bill No. 437 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 438.
Bill read third time.
Remarks by Assemblymen Segerblom and Carpenter.
Roll call on Assembly Bill No. 438:
Yeas—41.
Nays—Gibbons.
Assembly Bill No. 438 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 8, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 30.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 30.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblyman Perkins.
Resolution adopted unanimously.
Assemblyman Perkins moved that the reading of the history on Senate Bills upon introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 297.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 351.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 375.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 382.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 395.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 396.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman de Braga moved that the vote whereby Senate Bill No. 396 was referred to the Committee on Judiciary be rescinded.
Motion carried.
Assemblyman de Braga moved that Senate Bill No. 396 be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 421.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 465.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 498.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 499.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 514.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 531.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 39.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 188.
Amend section 1, page 1, line 3, by deleting “A” and inserting:
“Except as otherwise provided in this subsection, a”.
Amend section 1, page 1, line 4, after “sign” by inserting:
“not larger than 24 inches by 36 inches”.
Amend section 1, page 1, line 5, after “tenant.” by inserting:
“The restriction placed on a landlord or an agent or an employee of a landlord relative to a political sign is applicable only until 7 days after the general or special election for the office or ballot question to which the sign relates.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 118B.210 is hereby amended to read as follows:
118B.210 1. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:
(a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.
(b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and section 1 of this act or NRS 118B.240.
(c) He has organized or become a member of a tenants’ league or similar organization.
(d) He has requested the reduction in rent required by:
(1) NRS 118.165 as a result of a reduction in property taxes.
(2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.
(e) A citation has been issued to the landlord as the result of a complaint of the tenant.
(f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.
2. A landlord, manager or assistant manager of a mobile home park shall not willfully harass a tenant.
3. As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or the tenant’s exercise of his rights pursuant to this chapter.”.
Amend the title of the bill by deleting the third line and inserting:
“lot of the tenant under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill by deleting the second line and inserting:
“exhibiting political sign within boundary of lot of tenant under certain circumstances. (BDR 10‑1094)”.
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 141.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 412.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 3 through 5 and inserting new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 433.471 is hereby amended to read as follows:
433.471 Each client admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:
1. The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the client or for any other financial purpose.
2. The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a client from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.
3. As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.
Sec. 2. NRS 433A.370 is hereby amended to read as follows:
433A.370 1. When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.150 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from [convalescent leave] conditional release after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.
2. Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.”.
Amend section 1, page 1, by deleting lines 4 through 7 and inserting:
“from a public or private mental health facility [on convalescent leave] when, in the judgment of the medical director of the facility, the [convalescent status]conditional release is in the best interest of the person and will not be detrimental to the public welfare. The medical director or his designee of the facility shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment pursuant to NRS 433A.310.”.
Amend section 1, page 2, by deleting lines 11 through 26 and inserting:
“5. Except as otherwise provided in subsection 7, the administrative officer of a public or private mental health facility or his designee shall order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that person’s treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others. Except as otherwise provided in this subsection, the administrative officer or his designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the person to the facility. If an emergency exists in which the person presents an imminent threat of danger of harm to himself or others, the order must be submitted to the court not later than 1 business day after the order is issued.
6. The court shall review an order submitted pursuant to subsection 5 and the current condition of the person who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for involuntary court-ordered admissions, but in no event later than 5 judicial days after the person is returned to the facility. The administrative officer or his designee shall give written notice to the person who was ordered to return to the facility and to his attorney, if known, of the time, date and place of the hearing and of the facts necessitating that person’s return to the facility.
7. The provisions of subsection 5 do not apply if the period of conditional release has expired.”.
Amend sec. 2, page 2, line 33, after “[conditionally]” by inserting “unconditionally”.
Amend the title of the bill to read as follows:
“AN ACT relating to mentally ill persons; clarifying certain provisions governing the rights of a client concerning admission to a mental health facility; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released may be required to return to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 199.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 408.
Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “division” means the division of wildlife of the state department of conservation and natural resources.
Sec. 3. 1. A person born on or after January 1, 1981, shall not operate a motorboat that has a motor which exceeds 15 horsepower on any waters of this state unless the operator:
(a) Has:
(1) Successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or passed a proficiency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course; and
(2) Received a certificate as evidence of successful completion of the course or passage of the examination;
(b) Possesses a valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard;
(c) Possesses a nonrenewable temporary operator’s permit to operate the motorboat which is valid for 60 days and was issued with the certificate of number for the motorboat if the boat is new or was sold with a transfer of ownership;
(d) Possesses a rental or lease agreement provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or
(e) Is not a resident of this state, is at least 18 years of age and is temporarily using the waters of this state for a period not to exceed 60 consecutive days, if he meets any applicable requirements of his state of residency or province.
2. A person born on or after January 1, 1981, who is operating a motorboat that has a motor which exceeds 15 horsepower on any waters of this state and who is stopped by a game warden, sheriff or other peace officer in the enforcement of this chapter or the regulations adopted pursuant thereto shall present to the game warden, sheriff or peace officer:
(a) The certificate received by the person pursuant to subparagraph (2) of paragraph (a) of subsection 1;
(b) A valid license described in paragraph (b) of subsection 1;
(c) A valid operator’s permit for the motorboat described in paragraph (c) of subsection 1;
(d) A rental or lease agreement for the motorboat provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or
(e) Proof that he meets the requirements of paragraph (e) of subsection 1.
Failure to present the certificate, license, permit, agreement or proof constitutes prima facie evidence of a violation of subsection 1. A person who fails to present the certificate, license, permit, agreement or proof is guilty of a misdemeanor unless he presents the required documents in court. Such documents must prove that the person was operating the motorboat in compliance with this section on the date of the violation.
3. A person or his agent or employee engaged in the business of renting or leasing motorboats shall not rent or lease a motorboat that has a motor which exceeds 15 horsepower to any person born on or after January 1, 1981, for operation on the waters of this state unless the person:
(a) Is 18 years of age or older; and
(b) Signs an affidavit that he:
(1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or has passed a proficiency examination that was proctored and tests knowledge of the information included in the curriculum of such a course;
(2) Possesses a valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard; or
(3) Is not a resident of this state, is temporarily using the waters of this state for a period not to exceed 60 consecutive days and meets any applicable requirements of his state of residency or province.
4. A person or his agent or employee engaged in the business of renting or leasing motorboats shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the motorboat. A person who is under 16 years of age may:
(a) Be listed as an authorized operator.
(b) Operate the motorboat only if an authorized operator who is 18 years of age or older is on board the motorboat and supervises the person.
5. A person or his agent or employee engaged in the business of renting or leasing motorboats shall provide to each authorized operator of a motorboat a summary of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person who is listed as an authorized operator of the motorboat shall review the summary of the statutes, regulations and instructions before the motorboat departs from the rental or leasing office.
Sec. 4. 1. The division shall certify persons to provide, in cooperation with the division, instruction in safe boating approved by the National Association of State Boating Law Administrators. All persons who successfully complete the course must be issued a certificate evidencing successful completion.
2. The division may offer the courses in cooperation with organizations that provide education in safe boating, including, without limitation, the United States Coast Guard Auxiliary and the United States Power Squadrons.
3. The division shall maintain a list, available for public inspection, of the availability of courses in safe boating and any instructors who are certified pursuant to subsection 1.
Sec. 5. 1. A person born on or after January 1, 1981, who is a resident of this state and who possesses a certificate that evidences his successful:
(a) Completion of a course in safe boating that is approved by the National Association of State Boating Law Administrators, including, without limitation, courses offered pursuant to section 4 of this act and courses offered by the United States Coast Guard Auxiliary or the United States Power Squadrons; or
(b) Passage of a proficiency examination that was proctored and tests the knowledge of the information included in the curriculum of such a course,
shall submit or cause to be submitted a copy of the certificate to the division. The division may request additional information necessary for the division to maintain the data base pursuant to subsection 2.
2. The division shall establish and maintain a data base of certificates that it receives pursuant to subsection 1. The data base must include, without limitation, the:
(a) Name, date of birth and gender of the holder of the certificate;
(b) Date, location and name of the course that the holder of the certificate completed or the examination that he passed; and
(c) Number on the certificate.
Sec. 6. The commission may adopt regulations to carry out the provisions of sections 2 to 6, inclusive, of this act.
Sec. 7. NRS 488.580 is hereby amended to read as follows:
488.580 1. A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or property of another person.
(b) Unless the operator is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.
(c) Unless the operator is at least 12 years of age.
(d) Unless the operator complies with any applicable provisions of section 3 of this act.
2. There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.
(c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.
3. As used in this section, “personal watercraft” means a class A motorboat which:
(a) Is less than 13 feet in length;
(b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;
(c) Is capable of performing sharp turns or quick maneuvers; and
(d) Has a motor that exceeds 10 horsepower.
Sec. 8. NRS 488.950 is hereby amended to read as follows:
488.950 1. Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
2. A court may prohibit a person who violates any of the provisions of this chapter from operating a motorboat upon the waters of this state until the person successfully completes, after the date of the violation, a course in safe boating approved by the National Association of State Boating Law Administrators.
Sec. 9. The provisions of section 3 of this act do not apply to offenses that are committed before January 1, 2001.
Sec. 10. 1. This section and sections 1, 2, 4, 6 and 9 of this act become effective upon passage and approval.
2. Section 5 of this act becomes effective upon passage and approval for the purpose of establishing a data base and on January 1, 2001, for all other purposes.
3. Sections 3, 7 and 8 of this act becomes effective on January 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to watercraft; prohibiting the operation of certain motorboats by certain persons who do not satisfy prescribed requirements; prohibiting the rental or lease of certain motorboats to such persons; requiring the division of wildlife of the state department of conservation and natural resources to certify instructors to provide courses in safe boating; requiring the division of wildlife to establish a data base of persons who possess certificates relating to safe boating; providing a penalty; and providing other matters properly relating thereto.”.
Assemblyman Beers moved the adoption of the amendment.
Remarks by Assemblyman Beers.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 200.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 347.
Amend section 1, page 2, line 7, by deleting “act.” and inserting:
“act, if applicable.”.
Amend sec. 4, page 3, line 1, by deleting “For” and inserting:
“In a county whose population is 50,000 or more, for”.
Amend sec. 4, page 3, line 2, by deleting “board,” and inserting:
“board or county clerk,”.
Amend sec. 4, page 3, by deleting lines 11 and 12 and inserting:
“2. If the board of a county whose population is 50,000 or more fails to appoint each committee as required by subsection 1, the county clerk shall appoint the committee.”.
Amend sec. 4, page 3, line 13, by deleting “2.” and inserting “3.”.
Amend sec. 4, page 3, by deleting line 19 and inserting:
“4. The board of a county whose population is 50,000 or more shall adopt regulations as necessary to carry out the”.
Amend sec. 4, page 3, line 25, by deleting “submitted;” and inserting:
“submitted to the board to ensure that the board will have sufficient time to submit the argument to the county clerk pursuant to NRS 293.481, as applicable;”.
Amend sec. 4, page 3, line 32, by deleting “4.” and inserting “5.”.
Amend sec. 4, page 3, line 33, by deleting “3” and inserting “4”.
Amend sec. 4, page 3, between lines 34 and 35, by inserting:
“6. The board of a county whose population is less than 50,000 may:
(a) Appoint committees pursuant to subsection 1; and
(b) Adopt regulations pursuant to subsection 4.”.
Amend sec. 5, page 3, line 35, by deleting “For” and inserting:
“In a city whose population is 50,000 or more, for”.
Amend sec. 5, page 4, by deleting lines 4 through 6 and inserting:
“2. If the council of a city whose population is 50,000 or more fails to appoint each committee as required by subsection 1, the city clerk shall appoint the committee.”.
Amend sec. 5, page 4, line 7, by deleting “2.” and inserting “3.”.
Amend sec. 5, page 4, by deleting line 13 and inserting:
“4. The council of a city whose population is 50,000 or more shall adopt regulations as necessary to carry out the”.
Amend sec. 5, page 4, line 19, by deleting “submitted;” and inserting:
“submitted to the council to ensure that the council will have sufficient time to submit the argument to the city clerk pursuant to NRS 293.481, as applicable;”.
Amend sec. 5, page 4, line 26, by deleting “4.” and inserting “5.”.
Amend sec. 5, page 4, line 27, by deleting “3” and inserting “4”.
Amend sec. 5, page 4, between lines 28 and 29, by inserting:
“6. The council of a city whose population is less than 50,000 may:
(a) Appoint committees pursuant to subsection 1; and
(b) Adopt regulations pursuant to subsection 4.”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 247.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 365.
Amend section 1, page 1, line 6, by deleting “$15” and inserting “$20”.
Amend bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend the title of the bill by deleting the second through fourth lines and inserting:
“may charge for a waiver of damages; and providing other matters properly relating”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 393.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 363.
Amend section 1, page 1, line 2, by deleting “$1,920,000” and inserting “$253,290”.
Amend section 1, page 1, line 3, by deleting:
“on both sides”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. The Department of Transportation may use the money appropriated pursuant to section 1 of this act only if matching money is received in full from local governments or other public or private sources.”.
Amend the title of the bill to read as follows:
“AN ACT making a contingent appropriation to the Department of Transportation for the construction of a sound barrier along the ramps of Interstate Highway No. 515 near the Boulder Highway; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes contingent appropriation to Department of Transportation for construction of sound barrier along ramps of Interstate Highway No. 515 near Boulder Highway. (BDR S‑1413)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 519 be taken from the Second Reading File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 418 be taken from the Chief Clerk's desk and placed at the top of the General File.
Motion carried.
Assemblyman Goldwater moved that Assembly Bill No. 455 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman de Braga moved that upon return from the printer Assembly Bill No. 199 be re-referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 574.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 355.
Amend section 1, page 1, line 7, by deleting “certified laboratory.” and inserting:
“[certified laboratory.]laboratory that is certified in accordance with the standards adopted by the state board of health pursuant to this subsection.”.
Assemblyman Humke moved the adoption of the amendment.
Remarks by Assemblyman Humke.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 418.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 419.
Amend sec. 5, page 3, by deleting lines 8 through 10.
Amend sec. 6, page 3, line 30, by deleting:
“keep pets or”.
Amend sec. 13, page 6, line 42, by deleting:
“if the owner of the park is the lessor of the”.
Amend sec. 13, page 7, line 1, by deleting “mobile home,”.
Amend sec. 16, page 9, by deleting sec. 16 and inserting:
“Sec. 16. (Deleted by amendment.)”.
Amend sec. 18, page 10, line 4, by deleting “seller,” and inserting:
“seller and the mobile home was constructed before 1975,”.
Amend sec. 18, page 10, line 7, after “sale.” by inserting:
“If such a seller discloses that the mobile home does not comply with the safety standards set forth in NRS 461A.120, the seller shall disclose specifically the manner in which the mobile home does not comply with the standards.”.
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bills Nos. 441, 450, 456, 539, 599, 606, 611, 637, 640, 644; Assembly Joint Resolution No. 21 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 411 be re-referred to the Committee on Constitutional Amendments.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 521 be re-referred to the Committee on Ways and Means.
Motion carried.
Notice of Waiver
A Waiver requested by Senate Standing Committee on Commerce and Labor.
For: Senate Bill No. 37.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 68th day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 78th day).
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 103rd day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).
With the following Conditions:
May only be passed out of final committee of house of origin on or before April 23, 1999.
May only be passed out of house of origin on or before April 30, 1999.
May only be passed out of final committee of second house on or before May 17, 1999.
May only be passed out of second house on or before May 24, 1999.
Has been granted effective: April 7, 1999.
William J. Raggio Joseph E. Dini, Jr.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 2, 275; Assembly Joint Resolution No. 23; Assembly Concurrent Resolution No. 44; Senate Concurrent Resolution No. 28.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Fogle.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Bybee.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Odell, Kristy Erickson, Johnny Perryman, Nichole Brake, Sharon Braun-Pope, Bethany Laur, Katy Martin and Dina Hunsberger.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Howard Mizel.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to John Shipp.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Vargas and Jim Hamtak.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Austin Liggett, Nick Natter and Kurt Natter.
Assemblyman Perkins moved that the Assembly adjourn until Friday, April 9, 1999, at 4:00 p.m.
Motion carried.
Assembly adjourned at 12:44 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon