THE SEVENTY-FIRST DAY

THE SEVENTY-FIRST DAY

Carson City (Monday), April 12, 1999

Assembly called to order at 10:18 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblymen Arberry, Berman, Carpenter, Freeman, Humke and Mortenson, who were excused.

Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

O God, the fountain of wisdom, whose will is good and gracious, and whose law is truth: We beseech Thee so to guide and bless our Assembly members gathered here today, that they may enact such laws as shall please Thee. Bring Glory to Thy name and to the welfare of the people of Nevada. Through Jesus Christ Our Lord. 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. 111, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bills Nos. 520, 631, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 347, 461, 494, 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 Judiciary, to which were referred Assembly Bills Nos. 71, 267, 304, 392, 467, 473, 483, 485, 511, 522, 540, 543, 544, 583, 592, 646, 650, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do

pass as amended.

Bernard Anderson, Chairman

Mr. Speaker:

Your Committee on Taxation, to which was referred Assembly Bill No. 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David E. Goldwater, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 25

Assemblyman Williams moved the adoption of the resolution.

Remarks by Assemblyman Williams.

Resolution adopted.

Notice Of Exemption

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 64, 72, 103, 178, 199, 207, 211, 302, 367, 368, 393, 489, 519, 521, 532, 560, 622 and 674.

SECOND READING AND AMENDMENT

Assembly Bill No. 110.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 147.

Amend section 1, page 1, line 3, by deleting “Wages” and inserting:

“Except as otherwise provided in this section, wages”.

Amend section 1, page 1, by deleting line 4 and inserting:

“the manufacture of an explosive, or the use, processing, handling, transportation or storage of an explosive that is related to its manufacture,”.

Amend section 1, page 1, line 5, by deleting “an explosive”.

Amend section 1, page 1, line 6, after the period by inserting:

“The provisions of this subsection do not apply to persons employed in the mining industry.”.

Amend section 1, page 1, line 12, by deleting “As” and inserting:

“Except as otherwise provided in subsection 4, as”.

Amend section 1, page 2, between lines 3 and 4, by inserting:

“4. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.”.

Amend the title of the bill to read as follows:

“AN ACT relating to labor; requiring the wages or compensation of certain employees who work with certain explosives to be based solely on the number of hours the employees work; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires certain employees who work with certain explosives to be paid solely on basis of hours worked. (BDR 53‑771)”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 112.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 180.

Amend sec. 2, page 1, by deleting line 5 and inserting:

“manufactured, or where an explosive is used, processed, handled, transported or stored in relation to its manufacture, including, without limitation,”.

Amend sec. 2, page 1, line 10, by deleting “and”.

Amend sec. 2, page 1, by deleting lines 11 through 13 and inserting:

“(d) Annual certification of trainers, production managers, supervisors and other persons designated by an employer to provide an annual training and testing program for employees; and

(e) Establishment and implementation of programs for the annual training and testing of employees who are engaged in the manufacture of an explosive, or the use, processing, handling, transportation or storage of an explosive that is related to its manufacture, that will be conducted by a trainer, production manager, supervisor or any other person certified pursuant to paragraph (d).”.

Amend sec. 2, page 2, line 8, by deleting “As” and inserting:

“Each employer engaged in the manufacture of explosives shall provide to each of his employees, who in the course of their employment are directly involved in the manufacture of explosives, or the handling of an explosiveor any hazardous component thereof, an annual training and testing program that has been approved by the division in accordance with subsection 1. The annual training must be conducted by a trainer, production manager, supervisor or other person certified by the division to provide such training. An employer shall not allow an employee to engage in employment that requires the employee to be directly involved in the manufacture of explosives, or the handling of an explosive or any hazardous component thereof, until the employee has completed the applicable training and testing program required pursuant to this subsection. Any violation of this subsection by an employer constitutes a serious violation which is subject to the provisions of NRS 618.645.

5. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

6. Except as otherwise provided in subsection 7, as”.

Amend sec. 2, page 2, between lines 16 and 17, by inserting:

“7. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

Amend sec. 3, page 2, by deleting lines 18 and 19 and inserting:

“as a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees pursuant to section 2 of this act shall submit with his”.

Amend sec. 3, page 2, by deleting lines 28 and 29 and inserting:

“3. Certification as a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees pursuant to section 2 of this act may not be issued or renewed pursuant”.

Amend sec. 4, page 3, line 4, by deleting “an”.

Amend sec. 4, page 3, by deleting line 5 and inserting:

“a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees”.

Amend sec. 4, page 3, line 6, by deleting “explosives”.

Amend sec. 5, page 3, line 11, by deleting “an employee”.

Amend sec. 5, page 3, by deleting line 12 and inserting:

“a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees”.

Amend sec. 5, page 3, line 20, by deleting “an employee”.

Amend sec. 5, page 3, by deleting line 21 and inserting:

“a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees”.

Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:

“Sec. 7.5. NRS 232.660 is hereby amended to read as follows:

232.660 1. The administrator may:

(a) Appoint one or more legal counsel to provide services for the division. If appointed, they are in the unclassified service of the state.

(b) Provide for contract services to be rendered by such other legal counsel as are needed for assistance in administering the laws relating to labor and industrial relations.

2. Each of the legal counsel must be an attorney admitted to practice law in Nevada.

3. In the prosecution of all claims and actions referred to him, a legal counsel has the same power as that vested in the district attorneys of the several counties to [enforce] :

(a) Enforce the laws relating to labor and industrial relations[, except that a legal counsel does not have the authority to prosecute] ; and

(b) Prosecutefor criminal violations of such laws.”.

Amend sec. 11, page 6, by deleting lines 14 through 17 and inserting:

“(b) The storage and use of [combustibles,]:

(1) Combustibles, flammables and fireworks[.

(2) Explosives in any commercial construction, but not in mining or the control of avalanches[.

(d)],

under those circumstances that are not otherwise regulated by the”.

Amend sec. 12, page 8, by deleting sec. 12 and inserting:

“Sec. 12. (Deleted by amendment.)”.

Amend sec. 25, page 13, line 35, by deleting:

“6 and 7” and inserting:

“6, 7 and 7.5”.

Amend the title of the bill to read as follows:

“AN ACT relating to occupational safety; requiring the division of industrial relations of the department of business and industry to establish standards and procedures for places of employment where explosives are manufactured; providing exceptions; requiring annual certification of such places of employment and of persons training employees at those places of employment; requiring the disclosure of confidential information of the division to law enforcement agencies under certain circumstances; authorizing the legal counsel of the division to prosecute certain criminal violations of laws relating to labor and industrial relations; providing administrative penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires establishment of standards and procedures for certain places of employment where explosives are manufactured. (BDR 53‑780)”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Assemblywoman Buckley moved that Assembly Bill No. 112 be re-referred to the Committee on Ways and Means.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 157.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 366.

Amend section 1, pages 1 and 2, by deleting lines 2 through 16 on page 1 and lines 1 through 4 on page 2 and inserting:

“484.473 [A]

1. Except as otherwise provided in subsection 2, a person shall not , with regard to a vehicle being operated on a paved highway, ride [on any vehicle] upon or within any portion [thereof] of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for the use of passengers [. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies and space intended for merchandise.] , including, without limitation, upon the bed of a flatbed truck, within the bed of a pickup truck or within a camper shell or slide-in camper.

2. A person may ride upon the bed of a flatbed truck, within the bed of a pickup truck or within a camper shell or slide-in camper if the person is:

(a) Eighteen years of age or older; or

(b) Under 18 years of age and the vehicle is:

(1) Not being operated on a freeway or other road which has two or more lanes for traffic traveling in one direction;

(2) Being used in the course of farming or ranching; or

(3) Being driven in a parade authorized by a local authority.

3. Except as otherwise provided in this subsection, a citation must be issued to the driver of the vehicle in or upon which a person is riding in violation of subsection 1:

(a) Upon the bed of a flatbed truck or within the bed of a pickup truck.

(b) Within a camper shell or slide-in camper.

A citation may be issued pursuant to paragraph (b) only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense.

4. If a driver is cited pursuant to paragraph (a) of subsection 3, the driver shall be punished by a fine of at least $35 but not more than $100.

5. If a driver is cited pursuant to paragraph (b) of subsection 3, the driver shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community.”.

Amend section 1, page 2, line 5, by deleting “4.” and inserting “6.”.

Amend section 1, page 2, line 11, by deleting “5.” and inserting “7.”.

Amend the title of the bill, first line, by deleting “in” and inserting:

“upon the bed of a flatbed truck, within”.

Amend the summary of the bill, first line, by deleting:

“in certain portions of pickup truck.” and inserting:

“upon or within certain portions of certain vehicles.”.

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. 158.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 326.

Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. NRS 127.150 is hereby amended to read as follows:

127.150 1. If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.

2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

3. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.”.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 8 through 10 and adding new sections designated sections 6 and 7, following sec. 4, to read as follows:

“Sec. 6. NRS 128.105 is hereby amended to read as follows:

128.105 The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:

1. The best interests of the child would be served by the termination of parental rights; and

2. The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of section 18 of this act or demonstrated at least one of the following:

(a) Abandonment of the child;

(b) Neglect of the child;

(d) Failure of parental adjustment;

(e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;

(f) Only token efforts by the parent or parents:

(1) To support or communicate with the child;

(2) To prevent neglect of the child;

(3) To avoid being an unfit parent; or

(4) To eliminate the risk of serious physical, mental or emotional injury to the child; or

(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.

Sec. 7. NRS 128.109 is hereby amended to read as follows:

128.109 1. If a child has been placed outside of his home pursuant to chapter 432B of NRS, the following provisions must be applied [for the purposes of determining]to determine the conduct of the parent:

(a) If the child has resided outside of his home pursuant to that placement for [18] 14 months of any [24] 20 consecutive months, it must be presumed that the parent or parents have demonstrated only token efforts to care for the child as set forth in paragraph (f) of subsection 2 of NRS 128.105.

(b) If the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment as set forth in paragraph (d) of subsection 2 of NRS 128.105.

2. If a child has been placed outside of his home pursuant to chapter 432B of NRS and has resided outside of his home pursuant to that placement for [18] 14 months of any [24] 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

3. The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the state to provide services to the family.”.

Amend sec. 7, page 3, line 17, by deleting “6” and inserting “9”.

Amend the bill as a whole by renumbering sections 8 and 9 as sections 12 and 13 and adding a new section designated sec. 11, following sec. 7, to read as follows:

“Sec. 11. NRS 432.100 is hereby amended to read as follows:

432.100 1. There is hereby established a statewide central registry for the collection of information concerning the abuse or neglect of a child. This central registry must be maintained by and in the central office of the division.

2. The central registry must contain:

(a) The information in any report of child abuse or neglect made pursuant to NRS 432B.220, and the results, if any, of the investigation of the report;

(b) Statistical information on the protective services provided in this state; and

(c) Any other information which the division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive[.], and sections 17 and 18 of this act.

3. The division may designate a county hospital in each county whose population is 100,000 or more as a regional registry for the collection of information concerning the abuse or neglect of a child.”.

Amend sec. 8, page 3, line 20 by deleting:

“9, 10 and 11” and inserting:

“13 to 18, inclusive,”.

Amend sec. 9, page 3, by deleting lines 21 through 35 and inserting:

“Sec. 13. 1. The rural advisory board to expedite proceedings for the placement of children, consisting of two members from each local advisory board created by a district court pursuant to section 14 of this act, is hereby created within the division of child and family services.”.

Amend sec. 9, page 3, line 36, before “board” by inserting “rural advisory”.

Amend sec. 9, page 3, line 37, before “board” by inserting “rural advisory”.

Amend sec. 9, page 3, by deleting lines 38 through 41 and inserting:

“during the term of a member, the district court that created the local advisory board from which the member was appointed shall appoint a person to replace that member for the reminder of the unexpired term.”.

Amend sec. 9, page 3, line 42, before “board” by inserting “rural advisory”.

Amend sec. 9, page 4, line 3, before “board” by inserting “rural advisory”.

Amend sec. 9, page 4, line 4, by deleting “support.” and inserting:

“support and shall provide any information requested by the rural advisory board to the rural advisory board within 10 working days after receiving the request for information.”.

Amend sec. 9, page 4, line 5, before “board” by inserting “rural advisory”.

Amend sec. 9, page 4, by deleting lines 10 through 12 and inserting:

“(c) Review the findings of each local advisory board created pursuant to section 14 of this act.

(d) Prepare and make available to the public an annual report including, without limitation, a summary of the activities of the rural advisory board.”.

Amend the bill as a whole by renumbering sections 10 and 11 as sections 15 and 16 and inserting a new section designated sec. 14 following sec. 9, to read as follows:

“Sec. 14. 1. The district court in each judicial district that includes a county whose population is less than 100,000 may create a local advisory board to expedite proceedings for the placement of children at the request of one or more residents of that judicial district. A resident may make such a request by petitioning the court and setting forth the reasons that the creation of a local advisory board is advisable.

2. The district court shall appoint to any local advisory board it creates pursuant to this section:

(a) One member who is representative of foster parents;

(b) One member who is representative of attorneys in public or private practice;

(d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and

(e) One member who is a resident of the judicial district in which the local advisory board is created.

3. The district court shall provide for initial terms of each member of the local advisory board so that the terms are staggered. After the initial terms, the members of the local advisory board shall serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his duty or commits malfeasance in office.

4. The district court shall appoint two members of the local advisory board to serve on the rural advisory board created pursuant to section 13 of this act.

5. Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.

6. The division of child and family services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.

7. Each local advisory board shall:

(a) At its first meeting and annually thereafter, elect a chairman from among its members.

(b) Review each case referred to it pursuant to section 15 of this act, and provide the referring court and the office of the attorney general with any recommendations to expedite the completion of the case.

(c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the division of child and family services and the legislature, or the legislative commission when the legislature is not in regular session.

8. A local advisory board may review other cases as deemed appropriate by the district court.”.

Amend sec. 10, page 4, line 14, by deleting “18” and inserting “12”.

Amend sec. 10, page 4, by deleting lines 15 and 16 and inserting:

“home, it shall refer the case to the local advisory board created pursuant to section 14 of this act, if such a local advisory board was created for that judicial district, to obtain”.

Amend sec. 10, page 4, line 17, after “from the” by inserting “local advisory”.

Amend sec. 11, page 4, by deleting line 18 and inserting:

“Sec. 16. 1. To qualify for appointment as a guardian at litem pursuant”.

Amend sec. 11, page 4, line 19, by deleting “432B.500,” and inserting:

“432B.500 in a judicial district that includes a county whose population is less than 100,000,”.

Amend sec. 11, page 4, line 24, by deleting “1.” and inserting “(a)”.

Amend sec. 11, page 4, line 25, by deleting “2.” and inserting “(b)”.

Amend sec. 11, page 4, line 27, by deleting “3.” and inserting “(c)”.

Amend sec. 11, page 4, line 29, by deleting “4.” and inserting “(d)”.

Amend sec. 11, page 4, line 30, by deleting “5.” and inserting “(e)”.

Amend sec. 11, page 4, line 31, by deleting “6.” and inserting “(f)”.

Amend sec. 11, page 4, line 32, by deleting “7.” and inserting “(g)”.

Amend sec. 11, page 4, line 33, by deleting “8.” and inserting “(h)”.

Amend sec. 11, page 4, line 35, by deleting “9.” and inserting “(i)”.

Amend sec. 11, page 4, by deleting line 36 and inserting:

“(j) Standards for guardians ad litem;

(k) Confidentiality issues; and”.

Amend sec. 11, page 4, line 37, by deleting “11.” and inserting “(l)”.

Amend sec. 11, between lines 37 and 38, by inserting:

“2. To qualify for appointment as a guardian ad litem pursuant to NRS 432B.500 in a judicial district that does not include a county whose population is less than 100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed Special Advocate Association or its successor. If such an association ceases to exist, the court shall determine the standards for training.”.

Amend the bill as a whole by renumbering sections 12 and 13 as sections 20 and 21 and adding new sections designated sections 17 through 19, following sec. 11, to read as follows:

“Sec. 17. The division of child and family services shall:

1. Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide protective services are effectively discharging their responsibilities for the protection of children.

2. Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions.

Sec. 18. 1. Except as otherwise provided in this section, an agency which provides protective services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.

2. In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides protective services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court or the agency which provides protective services determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

3. An agency which provides protective services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

(a) A parent or other primary caretaker of the child has:

(1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

(2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;

(3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or

(4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

(b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

(c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

(d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect; or

(e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

(1) Has failed within 30 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

(2) Is entitled to seek custody of the child but fails to do so within 30 days after learning that the child was placed in foster care.

Sec. 19. NRS 432B.280 is hereby amended to read as follows:

432B.280 1. Reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

2. Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child; [and

(b) To persons or agencies enumerated in] or

(b) As authorized pursuant to NRS 432B.290,

is guilty of a misdemeanor.”.

Amend sec. 12, page 4, line 39, by deleting:

“subsection 2 or 5,” and inserting:

“[subsection 2 or 5,]subsections 2, 5 and 6,”.

Amend sec. 12, page 5, by deleting lines 21 through 23 and inserting:

“(i) [An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;]A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;”.

Amend sec. 12, page 5, by deleting lines 35 and 36 and inserting:

“(n) The [person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;] persons who are the subject of a report;”.

Amend sec. 12, page 6, line 13, by deleting “or”.

Amend sec. 12, page 6, line 14, after “The” by inserting “rural advisory”.

Amend sec. 12, page 6, by deleting line 15 and inserting:

“created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act

; or

(t) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.”.

Amend sec. 12, page 6, line 19, by deleting “of the” and inserting “of [the] a”.

Amend sec. 12, page 7, line 8, after “6.” by inserting:

“An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

7.”.

Amend sec. 12, page 7, line 18, by deleting “7.” and inserting “[7.] 8.”.

Amend sec. 13, page 7, line 21, by deleting “subsection 2,” and inserting:

“[subsection 2,] subsections 2 and 3,”.

Amend sec. 13, page 8, by deleting lines 4 through 6 and inserting:

“(i) [An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;] A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;”.

Amend sec. 13, page 8, line 9, after “(k)” by inserting:

“A team organized pursuant to NRS 432B.405 to review the death of a child;

(l)”.

Amend sec. 13, page 8, by deleting lines 12 and 13 and inserting:

“[(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;]”.

Amend sec. 13, page 8, line 14, after “(m)” by inserting:

“The persons who are the subject of a report;

(n)”.

Amend sec. 13, page 8, line 18, by deleting “(n)” and inserting “[(n)] (o)”.

Amend sec. 13, page 8, line 26, by deleting “[or]” and inserting “[or”.

Amend sec. 13, page 8, line 27, by deleting “(o)” and inserting “(o)] (p)”.

Amend sec. 13, page 8, line 29, by deleting “or”.

Amend sec. 13, page 8, by deleting lines 30 and 31 and inserting:

“(q) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of this act or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of this act; or

(r) The panel established pursuant to section 17 of this act to evaluate agencies which provide protective services.”.

Amend sec. 13, page 9, line 5, after “3.” by inserting:

4.”.

Amend sec. 13, page 9, line 15, by deleting “4.” and inserting “[4.] 5.”.

Amend the bill as a whole by renumbering sections 14 through 16 as sections 23 through 25 and adding a new section designated sec. 22, following sec. 13, to read as follows:

“Sec. 22. NRS 432B.395 is hereby amended to read as follows:

432B.395 An agency which provides protective services shall submit annually to the division of child and family services for its approval a plan to ensure that the reasonable efforts required by subsection 1 of section 18 of this act are made by that agency . [to prevent or eliminate removal of a child from his home and, when removal is necessary, to facilitate the return of the child to his home.]”.

Amend sec. 14, page 9, line 21, by deleting:

“10 and 11” and inserting:

“15 and 16”.

Amend sec. 15, page 10, line 8, by deleting “[may]:” and inserting:

“[may allow] shall :”.

Amend sec. 15, page 10, line 9, by deleting “Shall, except” and inserting “Except”.

Amend sec. 15, page 10, line 13, by deleting “May allow” and inserting “Allow”.

Amend sec. 15, page 10, line 21, after “child;” by inserting “or”.

Amend sec. 15, page 10, by deleting lines 23 through 26 and inserting “child; and”.

Amend sec. 16, page 10, by deleting line 38 and inserting:

“(a) Must meet the requirements of section”.

Amend sec. 16, page 10, line 39, by deleting “11” and inserting “16”.

Amend the bill as a whole by renumbering sec. 17 as sec. 27 and adding a new section designated sec. 26, following sec. 16, to read as follows:

“Sec. 26. NRS 432B.540 is hereby amended to read as follows:

432B.540 1. If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case.

2. If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:

(a) A description of the type , safety and appropriateness of the home or institution in which the child could be placed, a plan for [assuring] ensuring that he would receive safe and proper care and a description of his needs;

(b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to [assure] ensure his permanent placement;

(d) A description of how the order of the court will be carried out.

3. If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.”.

Amend sec. 17, page 11, by deleting lines 30 through 32 and inserting:

“protection, it shall determine whether [reasonable efforts were made by] the agency which provides protective services [to prevent or eliminate the need for his removal from his home and to facilitate his return to his home.] has made the reasonable efforts required by subsection 1 of section 18 of this act. The”.

Amend sec. 17, page 11, by deleting line 35 and inserting:

“(a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian”.

Amend sec. 17, page 11, line 37, after “court,” by inserting:

“and with or without retaining jurisdiction of the case,”.

Amend sec. 17, page 11, line 38, after “relative” by inserting:

“or other person”.

Amend sec. 17, page 11, line 40, after “supervision,” by inserting:

“and with or without retaining jurisdiction of the case,”.

Amend sec. 17, page 12, between lines 5 and 6, by inserting:

“In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.”.

Amend sec. 17, page 12, line 7, by deleting “parent, the” and inserting:

“parent [, the] :

(a) The”.

Amend sec. 17, page 12, between lines 10 and 11, by inserting:

“(b) The court shall set forth good cause why the child was placed other than with a parent.”.

Amend the bill as a whole by renumbering sec. 18 as sec. 29 and adding a new section designated sec. 28, following sec. 17, to read as follows:

“Sec. 28. NRS 432B.580 is hereby amended to read as follows:

432B.580 1. Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.

3. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or [the] custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

4. Notice of the hearing must be given by registered or certified mail to [all parties of] :

(a) All the parties to any of the prior proceedings[,] ; and

(b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child,

except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

5. The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 4 an opportunity to be heard at the hearing.

6. The court or panel shall review:

(a) The continuing necessity for and appropriateness of the placement;

(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

(d) The date the child may be returned to and safely maintained in his home or placed for adoption or under a legal guardianship.

7. The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.”.

Amend sec. 18, page 12, by deleting lines 33 through 38 and inserting:

“no] a child:

(a) Not later than [18] 12 months after the [most recent] initial removal of the child from his home and annually thereafter.

(b) Within 30 days after making any of the findings set forth in subsection 3 of section 18 of this act.

Notice of this hearing must be given by registered or certified mail to all [parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.] of the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.”.

Amend sec. 18, page 12, line 39, before “hearing.” by inserting:

“hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the”.

Amend sec. 18, page 13, line 12, by deleting “determination.” and inserting:

“determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.”.

Amend sec. 18, page 13, line 14, by deleting:

“18 months of any 24” and inserting:

“[18] 14 months of any [24] 20”.

Amend sec. 18, page 13, between lines 18 and 19, by inserting:

“6. The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.”.

Amend the bill as a whole by deleting sec. 19 and renumbering sec. 20 as sec. 30.

Amend sec. 20, page 13, by deleting lines 23 through 24 and inserting:

“Sec. 30. 1. This section and sections 1 to 12, inclusive, 14 to 20, inclusive, and 22 to 29, inclusive, of this act become effective on July 1, 1999.

2. Section 13 of this act becomes effective upon the division of child and family services of the department of human resources being notified of the creation of three or more local advisory boards to expedite proceedings for the placement of children pursuant to section 14 of this act.”.

Amend sec. 20, page 13, line 25, by deleting:

“2. Section 12” and inserting:

“3. Section 20”.

Amend sec. 20, page 13, line 26, by deleting:

“3. Section 13” and inserting:

“4. Section 21”.

Amend the title of the bill, sixth line, after “custody;” by inserting:

“making various changes in accordance with the Adoption and Safe Families Act of 1997 and the Child Abuse Prevention and Treatment Act of 1996; clarifying certain provisions regarding the authority of a court to determine the custody of a child;”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that Assembly Bill No. 158 be re-referred to the Committee on Ways and Means.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 170.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 458.

Amend section 1, page 1, line 6, by deleting “75” and inserting “50”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Assemblywoman Giunchigliani moved that Assembly Bill No. 170 be re-referred to the Committee on Ways and Means.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 173.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

Amendment No. 409.

Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

“Household waste” means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.”.

Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding new sections designated sections 3 through 5, following section 1, to read as follows:

“Sec. 3. NRS 459.405 is hereby amended to read as follows:

459.405 As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 4. NRS 459.430 is hereby amended to read as follows:

459.430 “Hazardous waste” means any waste or combination of wastes, including , without limitation, solids, semisolids, liquids or contained gases, except household waste, which:

1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:

(a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

(b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

2. Is identified as hazardous by the department as a result of studies undertaken for the purpose of identifying hazardous wastes.

The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

Sec. 5. NRS 459.475 is hereby amended to read as follows:

459.475 The department shall:

1. Except as otherwise provided in NRS 459.480 , enforce the commission’s regulations on hazardous waste;

2. Develop and publish a plan of management of hazardous waste in this state, including among other things, descriptions of:

(a) Sources of hazardous waste, including information on the types and quantities of the waste; [and]

(b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and

(c) The hazards associated with the use by a consumer of a commercial product in a manner contrary to the directions for use, cautions or warnings appearing on the label of the product, if the department determines that such a description is necessary; and

3. Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.”.

Amend the title of the bill, third line, after “handled;” by inserting:

“excluding certain types of household waste from the definition of hazardous waste; authorizing the state department of conservation and natural resources to include within its plan of management of hazardous waste in this state a description of the hazards associated with certain uses of commercial products;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning regulation of hazardous waste. (BDR 40‑434)”.

Assemblyman de Braga moved the adoption of the amendment.

Remarks by Assemblyman de Braga.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 279.

Bill read second time and ordered to third reading.

Assembly Bill No. 366.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 415.

Amend sec. 2, page 2, by deleting lines 20 through 29 and inserting:

“6. A teacher who is assigned to serve as a mentor may be:

(a) Compensated for his services as a mentor; and

(b) Released from his other duties as necessary to provide assistance as a mentor,

as provided by his contract of employment or any applicable collective bargaining agreement.”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 445.

Bill read second time and ordered to third reading.

Assembly Bill No. 469.

Bill read second time and ordered to third reading.

Assembly Bill No. 598.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 420.

Amend section 1, page 1, by deleting lines 13 and 14 and inserting:

“2. The state public works board shall:

(a) By regulation, establish the qualifications for certification as an expert in accessible design; and

(b) Certify a qualified person as an expert in accessible design.”.

Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. NRS 385.125 is hereby amended to read as follows:

385.125 1. The state board may adopt standard plans, designs and specifications for the construction of school buildings by the boards of trustees of the various school districts. If such plans, designs and specifications are adopted, provision must be made for the production and distribution of such plans, designs and specifications by appropriate rules and regulations. The board of trustees of a school district may use any such plans, designs and specifications if it determines that the plans, designs and specifications are in the best interests of the district.

2. Before the adoption of any such standard plans, designs and specifications, the state board shall submit the plans, designs and specifications to the state public works board . [, whose written approval thereof must be obtained before any further consideration by the state board.] The state public works board shall [ensure that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 to 12213, inclusive).]provide a copy of the plans, designs and specifications to an expert in accessible design who is certified by the state public works board pursuant to NRS 338.180. The expert shall review the plans, designs and specifications to determine whether they comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. If the plans, designs and specifications comply with the federal requirements, the expert shall notify the state public works board of that compliance and provide his written approval of the plans, designs and specifications. The expert may physically inspect any project which is constructed according to the plans, designs and specifications during and after construction to ensure actual compliance with the Americans with Disabilities Act of 1990 and the Minimum Guidelines and Requirements for Accessible Design.

3. The state public works board may charge and collect and the state board may pay a reasonable fee for the costs incurred by the state public works [board in approving]in securing the approval of an expert in accessible design of the standard plans, designs and specifications submitted.”.

Amend the title of the bill, first and second lines, by deleting:

“providing in skeleton form for the revision of provisions governing public works projects;”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblymen Bache, Buckley and Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

Assembly Bill No. 601.

Bill read second time and ordered to third reading.

Assembly Bill No. 608.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 406.

Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.

Amend sec. 3, page 4, line 5, by deleting:

“or an investigator employed by a district attorney,”.

Amend sec. 3, page 4, by deleting line 12 and inserting:

“13. A police officer”.

Amend sec. 3, page 4, line 13, by deleting the comma.

Amend sec. 3, page 4, by deleting lines 24 and 25 and inserting:

“training committee;

18. A ranger or other employee of the division of state parks of the state department of conservation and natural resources who is certified by the peace officers’ standards and training committee; and

19. An officer employed by a board of county commissioners”.

Amend the title of the bill to read as follows:

“AN ACT relating to peace officers; expanding the applicability of certain provisions relating to occupational diseases to include certain additional peace officers; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Expands provisions regarding occupational diseases to include certain additional peace officers. (BDR 53-1277)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Assemblyman Bache moved that upon return from the printer Assembly Bill No. 608 be placed on the Chief Clerk’s desk.

Motion carried.

Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.

Assembly Joint Resolution No. 12.

Resolution read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 71, 111, 267, 304, 347, 392, 461, 467, 473, 483, 485, 494, 504, 511, 520, 522, 540, 543, 544, 583, 592, 631, 646 and 650 be placed on the Second Reading File.

Motion carried.

Mr. Speaker announced that if there were no objections, the Assembly would recess until 11:10 a.m.

Assembly in recess at 10:47 a.m.

ASSEMBLY IN SESSION

At 11:38 a.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 112, 158, 170 and 598.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 591, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 639, 641, 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 Ways and Means, to which were referred Assembly Bills Nos. 219, 241, 638, 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 Ways and Means, to which was referred Assembly Bill No. 597, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.

Jan Evans, Vice-Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which were referred Assembly Bills Nos. 239, 587, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Jan Evans, Vice-Chairman

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 46—Directing the Legislative Commission to conduct an interim study concerning the statutory limitation on damages that may be awarded to a person in a tort action against the State of Nevada, its political subdivisions or certain other persons.

Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 71.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 91.

Amend sec. 2, page 2, line 26, by deleting “A” and inserting:

“Except as otherwise provided in subsection 2, a”.

Amend sec. 2, page 2, line 37, after “2.” by inserting:

“A person who knowingly:

(a) Obtains any personal identifying information of another person; and

(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,

is guilty of a category E felony and shall be punished as provided in NRS 193.130.

3.”.

Amend sec. 2, page 3, line 4, by deleting “3.” and inserting “4.”.

Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding new sections designated sections 6 through 8, following sec. 5, to read as follows:

“Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person who has suffered injury as the proximate result of a violation of the provisions of section 2 of this act may commence an action for the recovery of his actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

2. An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of section 2 of this act.

Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a new section to read as follows:

If a creditor mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.

Sec. 8. Chapter 598C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a consumer files a report with a law enforcement agency alleging that a person has unlawfully obtained and used the personal identifying information of the consumer in violation of section 2 of this act, the consumer may request a reporting agency to close all access to its files concerning him. To make such a request, the consumer shall submit to the reporting agency:

(a) Sufficient information to confirm his own identity;

(b) A copy of the report that the consumer filed with the law enforcement agency; and

(c) A written request for the reporting agency to close access to its files concerning the consumer unless the reporting agency obtains his prior written authorization.

2. Not later than 15 days after receiving the information set forth in subsection 1, the reporting agency shall provide the consumer with a written acknowledgment to be signed, notarized and returned by the consumer to the reporting agency which indicates that the consumer acknowledges that:

(a) The reporting agency will provide access to its files concerning the consumer only in the manner set forth in subsection 4; and

(b) The ability of the consumer to obtain a checking account, credit, employment, insurance, housing or a license required by a governmental agency may be restricted if access to his files remains closed.

3. Except as otherwise provided in subsection 4, not later than 48 hours after receiving from a consumer a signed and notarized copy of the written acknowledgment pursuant to subsection 2, the reporting agency shall close all access to its files concerning the consumer.

4. A reporting agency shall provide access to the files of the reporting agency that have been closed pursuant to subsection 3 only if:

(a) The reporting agency receives a written statement from the consumer whose files are closed rescinding his request to close access to his files;

(b) The reporting agency receives a written statement from the consumer whose files are closed authorizing the reporting agency to provide access to a specific person; or

(c) A court of competent jurisdiction has issued an order requiring the reporting agency to provide access to a specific person.

5. If access to the files of a reporting agency concerning a consumer has been closed pursuant to subsection 3, the reporting agency shall so inform any person who requests access to the files.”.

Amend sec. 6, page 4, line 24, by deleting “are” and inserting “were”.

Amend the title of the bill to read as follows:

“AN ACT relating to personal identity; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; authorizing a person to bring a civil action against another person who unlawfully obtained and used his personal identifying information; requiring a creditor who mails a solicitation for an extension of credit to a person to use the same address to mail the extension of credit to the person under certain circumstances; making various changes concerning access to certain consumer reports; providing penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning use of personal identity. (BDR 15‑146)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 111.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 148.

Amend section 1, page 1, by deleting lines 9 through 13 and inserting:

“2. The division shall adopt regulations specifying the contents of such a document or videotape and establishing requirements for [issuing] making the document or videotape available in different languages.”.

Amend sec. 2, page 2, line 2, by deleting:

“subsection [7,] 8,” and inserting:

“[subsection 7,] subsections 8 and 9,”.

Amend sec. 2, page 2, line 8, by deleting:

“manufactured or handled.” and inserting “manufactured.”.

Amend sec. 2, page 2, line 10, by deleting “or handling”.

Amend sec. 2, page 2, line 34, by deleting “or handling”.

Amend sec. 2, page 2, line 36, by deleting “As” and inserting:

“For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.

10. Except as otherwise provided in subsection 11, as”.

Amend sec. 2, page 3, between lines 4 and 5, by inserting:

“11. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

Amend sec. 3, page 3, line 9, by deleting “subsection 8,” and inserting:

“subsections 8 and 9,”.

Amend sec. 3, page 3, by deleting line 16 and inserting “manufactured.”.

Amend sec. 3, page 3, line 18, by deleting “or handling”.

Amend sec. 3, page 4, line 5, by deleting “or handling”.

Amend sec. 3, page 4, line 7, by deleting “As” and inserting:

“For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.

10. Except as otherwise provided in subsection 11, as”.

Amend sec. 3, page 4, between lines 16 and 17, by inserting:

“11. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

Amend the title of the bill to read as follows:

“AN ACT relating to safety in the workplace; requiring the establishment of a written safety program in certain workplaces where explosives are manufactured; providing exceptions; requiring safety programs and related training programs to be in a language and format that is understandable to each employee; revising the provisions governing the manner in which rights and responsibilities of employers and employees relating to safety are furnished to employees; and providing other matters properly relating thereto.”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 267.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 475.

Amend the bill as a whole by deleting sections 1 through 9, renumbering sections 10 and 11 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.”.

Amend the bill as a whole by deleting sections 12 through 25 and adding new sections designated sections 5 and 6, following sec. 11, to read as follows:

“Sec. 5. 1. Except as otherwise provided in this section, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall report the offense to a law enforcement agency as soon as reasonably practicable, but not later than 24 hours, after the person knows or has reasonable cause to believe that the offense was committed. A person who violates the provisions of this subsection is guilty of a misdemeanor.

2. A report made pursuant to subsection 1 must include, without limitation:

(a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;

(b) The location where the violent or sexual offense was committed; and

3. A person may be prosecuted and convicted pursuant to this section only if the person who committed the violent or sexual offense against the child is or has been convicted in this state for:

(a) The violent or sexual offense against the child; or

(b) Any other offense arising out of the same facts as the violent or sexual offense against the child.

4. The provisions of this section do not apply to a person who:

(a) Is less than 16 years of age;

(b) Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;

(c) Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him by blood or marriage or who resides in the same household as him, whether or not the other person is related to him by blood or marriage, in imminent danger of suffering substantial bodily harm; or

(d) Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS.

Sec. 6. The provisions of section 5 of this act do not apply to offenses that were committed before October 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public safety; requiring a person to report certain violent or sexual offenses against a child to a law enforcement agency under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bill No. 304 be taken from the Second Reading File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Perkins.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 347.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 557.

Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. The amendatory provisions of subsection 3 of section 13 of chapter 572, Statutes of Nevada 1997, as amended by this act, do not apply to a state agency in the Las Vegas Valley Ground Water Basin until July 1, 2001.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 392.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 281.

Amend section 1, page 1, line 9, after “38.258” by inserting:

“, including, without limitation, a settlement conference, mediation or a binding short trial,”.

Amend section 1, page 2, line 3, after “conference” by inserting “, mediation”.

Amend section 1, page 2, by deleting line 4 and inserting:

“trial, if the parties agree[, orally or in writing,] to the submission.”.

Amend section 1, page 2, line 5, after “2.” by inserting:

“Any agreement entered into pursuant to this section must be in writing. If the parties to an action knowingly and willingly enter into such a written agreement, the agreement shall not be deemed unenforceable as an unreasonable contract of adhesion.

3.”.

Amend section 1, page 2, by deleting lines 8 and 9 and inserting:

“without limitation, restrictions on the amount of discovery requested by each party, the use of a”.

Amend sec. 2, page 2, line 17, after “limitation,” by inserting “mediationand”.

Amend sec. 2, page 2, line 18, by deleting “the court” and inserting:

“[the]a district court”.

Amend sec. 2, page 2, by deleting line 25 and inserting:

“[court determines that such participation] parties agree that the use of any such alternative”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 461.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 421.

Amend section 1, page 2, by deleting lines 36 through 41 and inserting:

“second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.”.

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. NRS 278.468 is hereby amended to read as follows:

278.468 1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:

(a) Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map [met all conditions required for approval.] was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

(b) Pay a $17 fee to the county recorder for filing and indexing.

2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.”.

Amend sec. 2, page 3, line 19, by deleting:

“[of no more than $250]” and inserting:

“of no more than [$250] $750”.

Amend the title of the bill by deleting the fourth line and inserting:

“tracts of land; authorizing a governing body to extend the period for recording an approved parcel map; increasing the amount that a governing body may”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 467.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 331.

Amend section 1, pages 1 and 2, by deleting lines 3 through 10 on page 1 and lines 1 through 18 on page 2, and inserting:

“1. Except as otherwise provided in subsection 2, the commission shall keep confidential:

(a) Any information that it receives concerning an applicant for the issuance of a license pursuant to this chapter which is declared confidential by law and that is provided to the commission by another governmental entity; and

(b) Any information contained in a medical record of such an applicant, if the commission did not consider the information to determine whether to grant a license to the applicant.

2. The commission may reveal the information set forth in subsection 1:

(a) Upon the lawful order of a court of competent jurisdiction;

(b) To any person upon the request of the person who is the subject of the information; and

Amend section 1, page 2, line 19, by deleting “4.” and inserting “3.”.

Amend section 1, page 2, by deleting line 20 and inserting:

“the disclosure of information described in subsection 1 must”.

Amend section 1, page 2, lines 21 and 22, by deleting:

“information or data.” and inserting “information.”.

Amend section 1, page 2, line 24, by deleting:

“information or data.” and inserting “information.”.

Amend sec. 2, page 3, by deleting lines 14 through 17.

Amend sec. 2, page 3, line 18, by deleting “6.” and inserting “5.”.

Amend sec. 2, page 3, line 19, by deleting “7.” and inserting:

“6. In addition to the license fees required by subsection [2,] 5, the commission may require an applicant for a license to:

(a) Pay the costs of the proceedings associated with the issuance of the license, including , without limitation, investigative costs and attorney’s fees; and

(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including , without limitation, investigative costs and attorney’s fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.

[4.] 7.”.

Amend the title of the bill by deleting the first through third lines and inserting:

“AN ACT relating to unarmed combat; requiring the Nevada athletic commission to keep certain information confidential; authorizing the commission to grant limited, restricted or”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:52 a.m.

ASSEMBLY IN SESSION

At 11:53 a.m.

Madam Speaker pro Tempore presiding.

Quorum present.

Assembly Bill No. 473.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 329.

Amend sec. 2, page 3, lines 16 and 17, by deleting:

“when practicable and”.

Amend the bill as a whole by adding new sections designated sections 3 through 5, following sec. 2, to read as follows:

“Sec. 3. NRS 33.090 is hereby amended to read as follows:

33.090 1. A valid order for protection against domestic violence issued by a court of another state, territory or Indian tribe within the United States must be accorded full faith and credit by the courts of this state and enforced as if it were issued by a court in this state, regardless of whether the order has been registered in this state.

2. A person may apply to a court of this state to register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.

[2.] 3. Except as otherwise provided in subsection [4,] 5, upon application by the protected party pursuant to subsection [1,] 2, a court of competent jurisdiction in this state shall register such an order if:

(a) The court determines that the issuing court had proper jurisdiction over the parties and the subject matter under the laws of the state, territory or tribe; and

(b) The court determines that the adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard as soon as possible after the order was issued.

[3.] 4. An order that is registered has the same effect and must be enforced in like manner as an order for protection against domestic violence issued by a court of this state.

[4.] 5. If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe was a mutual order for protection against domestic violence and:

(a) No counter or cross-petition was filed seeking such protection order;

(b) A counter or cross-petition was filed and the court did not make a specific finding of domestic violence by both parties; or

(c) The person who is applying to register the order has violated a law of the State of Nevada relating to a different protection order issued against him,

the court may refuse to register and enforce the order and may determine whether to issue its own temporary or extended order.

[5.] 6. A temporary or extended order of another state, territory or Indian tribe presented pursuant to this section which appears authentic on its face must be presumed valid.

[6.] 7. A court, law enforcement officer or any other person who enforces an order for protection against domestic violence based upon a reasonable belief that the order is valid is immune from civil liability for any action taken based on that belief.

[7.] 8. The clerk of the court shall maintain a record of each order registered pursuant to this section.

[8.] 9. The clerk shall not charge a fee for an application to register or for registering an order pursuant to this section.

[9.] 10. The clerk shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.

Sec. 4. NRS 178.484 is hereby amended to read as follows:

178.484 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or

(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail; or

(b) A department of alternative sentencing directs the detention facility to admit the person to bail.

4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

5. A person arrested for a battery [upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person,] that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of battery [upon a person listed in this subsection] that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery [upon a person listed in this subsection,]that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(2) One previous conviction of battery [upon a person listed in this subsection,]that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(1) One previous conviction of battery [upon a person listed in this subsection]that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

(2) Two or more previous convictions of battery [upon one or more persons listed in this subsection.] that constitute domestic violence pursuant to NRS 33.018.

The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

6. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

7. Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

(a) Requiring the person to remain in this state or a certain county within this state;

(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

(d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

8. If a person fails to comply with a condition imposed pursuant to subsection 7, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010; or

(b) Increase the amount of bail pursuant to NRS 178.499.

9. An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

10. Before a person may be admitted to bail, he must sign a document stating that:

(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

11. If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

Sec. 5. The amendatory provisions of section 4 of this act do not apply to a person who is admitted to bail before October 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to domestic violence; providing that a juvenile who is taken into custody for committing a battery that constitutes domestic violence must not be released for at least 12 hours; revising provisions concerning when an officer who takes a juvenile into custody must notify a parent, guardian or custodian and probation officer of the juvenile; revising the provisions governing orders for protection against domestic violence; providing that a person who commits a battery upon a person to whom he is related by marriage or with whom he has had or is having a dating relationship may not be admitted to bail sooner than 12 hours after his arrest; establishing the amount at which bail must be set if such a person is subsequently admitted to bail in certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning domestic violence. (BDR 5‑1011)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 483.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 384.

Amend section 1, pages 1 and 2, by deleting lines 3 through 11 on page 1 and lines 1 through 22 on page 2, and inserting:

“1. A law enforcement officer, correctional officer, emergency medical attendant, fireman or any other person who is employed by an agency of criminal justice who may have been exposed to a contagious disease while performing his official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person for exposure to the human immunodeficiency virus and the hepatitis B surface antigen if the person may have exposed the officer, medical attendant, fireman or other person employed by an agency of criminal justice to a contagious disease.

2. When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.

3. A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person who possibly exposed him to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall order the person who possibly exposed the petitioner to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus and the hepatitis B surface antigen. The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in section 3 of this act.

4. The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.

5. As used in this section:

(a) “Agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

(b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.”.

Amend sec. 2, page 3, lines 3 and 4, by deleting:

“subsection 3 of section 1” and inserting “section 3”.

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A provider of health care shall disclose the results of all tests performed pursuant to section 1 of this act to:

(a) The person who was tested;

(b) The law enforcement officer, correctional officer, emergency medical attendant, fireman or other person who is employed by an agency of criminal justice who filed the petition or on whose behalf the petition was filed pursuant to section 1 of this act;

(c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; and

(d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any.

2. A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public health; authorizing a law enforcement officer, correctional officer, emergency medical attendant, fireman and any other person who is employed by an agency of criminal justice or the employer of any such person to petition a court to require a person who may have exposed the employee to a contagious disease to be tested for the human immunodeficiency virus and the hepatitis B surface antigen; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes law enforcement officer, correctional officer, emergency medical attendant, fireman and any other person who is employed by agency of criminal justice or employer of such person to petition court to require person who may have exposed employee to contagious disease to be tested for human immunodeficiency virus and hepatitis B surface antigen. (BDR 40‑1399)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that Assembly Bill No. 483 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 485.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 431.

Amend section 1, page 1, by deleting lines 3 through 12 and inserting:

“1. After apprehending a defendant in this state, a bail agent or bail enforcement agent shall immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of:

(a) The identity of the defendant;

(b) The identity of the bail agent or bail enforcement agent; and

2. Before forcibly entering an inhabited dwelling in this state, a bail agent or bail enforcement agent shall notify the local law enforcement agency of the jurisdiction in which the dwelling is located.

3. A bail agent or bail enforcement agent who violates the provisions of this section is guilty of a misdemeanor.

4. As used in this section, “inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.”.

Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.”.

Amend the title of the bill to read as follows:

“AN ACT relating to bail; requiring a bail agent and bail enforcement agent to notify a local law enforcement agency after apprehending a defendant; requiring a bail agent and bail enforcement agent to notify a local law enforcement agency before forcibly entering an inhabited dwelling; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires bail agents and bail enforcement agents to notify local law enforcement agency after apprehending defendant and before forcibly entering inhabited dwelling. (BDR 57‑1427)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 494.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 345.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting:

“agency that provides facilities or institutions for housing patients, clients, juvenile offenders or inmates 24 hours a day.”.

Amend the title of the bill, third line, before “employees” by inserting “certain state”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 504.

Bill read second time and ordered to third reading.

Assembly Bill No. 511.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 433.

Amend sec. 5, page 2, line 8, after “NRS” by inserting “62.211 or”.

Amend sec. 5, page 2, line 13, after “NRS” by inserting “62.211 or”.

Amend sec. 9, page 4, line 25, after “NRS” by inserting “62.211 or”.

Amend sec. 9, page 4, line 31, after “NRS” by inserting “62.211 or”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that Assembly Bill No. 511 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 520.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 349.

Amend sec. 3, page 1, line 11, by deleting:

“at any time” and inserting:

“not later than the 25th day before the date of the election,”.

Amend sec. 4, pages 2 and 3, by deleting lines 14 through 43 on page 2 and lines 1 through 39 on page 3, and inserting:

“293.1715 1. The names of the candidates of a minor political party must not appear on the ballot for a primary election.

2. The names of the candidates of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to the provisions of NRS 293.1725 with the secretary of state and:

(a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

(b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in the state; or

(c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

3. The name of a candidate for a minor political party other than a candidate for the office of President or Vice President of the United Sates must be placed on the ballot for the general election if the party has filed:

(a) A certificate of existence;

(b) A list of candidates containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the secretary of state; and

(c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May, a petition on behalf of the candidate with the secretary of state containing not less than:

(1) Two hundred signatures of registered voters if the candidate is to be nominated for a statewide office; or

(2) Twenty-five signatures of registered voters if the candidate is to be nominated for any office except a statewide office.

A minor political party that places names of one or more candidates on the ballot pursuant to this subsection may also place the names of one or more candidates on the ballot pursuant to subsection 2.

4. The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.

[4.] 5. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the secretary of state before the petition may be circulated for signatures.”.

Amend sec. 5, page 4, line 2, by deleting “party,” and inserting:

“party and, if applicable, the”.

Amend sec. 6, page 4, line 33, by deleting “[its]” and inserting “its”.

Amend sec. 6, page 4, by deleting lines 34 through 40 and inserting:

“a general election and:

(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; [or]

(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715 [,] ; or

must file with the secretary of state a list of its candidates”.

Amend sec. 6, page 5, by deleting lines 2 through 5 and inserting:

“to take acknowledgments. The secretary of state shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list must not be amended after it is filed.”.

Amend sec. 6, page 5, line 7, by deleting:

“filed and accepted”.

Amend sec. 6, page 5, by deleting lines 16 through 18 and inserting:

“of President and Vice President of the United States on the ballot and has [otherwise] qualified to place the names of its candidates on the ballot for the general election pursuant to [the provisions of this chapter] subsection 2 of NRS 293.1715 must file”.

Amend sec. 6, page 5, by deleting lines 20 through 24 and inserting:

“later than the first Tuesday in September.”.

Amend sec. 7, pages 5 and 6, by deleting lines 26 through 43 on page 5 and lines 1 through 3 on page 6, and inserting:

“293.174 1. If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [3rd] third Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [3rd] third Friday in August.

[2. Any such] A challenge pursuant to this subsection must be filed with the first judicial district court if the petition was filed with the secretary of state.

2. If the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May. A challenge pursuant to this subsection must be filed with:

(a) The first judicial district court; or

(b) If a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.”.

Amend the bill as a whole by deleting sections 9 and 10 and renumbering sections 11 through 13 as sections 9 through 11.

Amend sec. 11, page 7, by deleting lines 3 through 10, and inserting:

“(b) Either of the following:

(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.

(2) A petition of candidacy signed by 200 registered voters if the candidate is a candidate for statewide office, or signed by 25 registered voters if the candidate is a candidate for any office other than a statewide office.”.

Amend sec. 11, page 7, by deleting lines 30 and 31 and inserting:

“4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election”.

Amend sec. 12, page 8, by deleting lines 30 and 31 and inserting:

“(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the”.

Amend sec. 13, page 9, by deleting lines 15 and 16 and inserting:

“(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the”.

Amend the bill as a whole by deleting sections 14 through 16 and renumbering sec. 17 as sec. 12.

Amend sec. 17, page 11, by deleting line 4 and inserting:

“293.547 1. After the 30th day but not later than the [15th] 25th day”.

Amend the bill as a whole by deleting sections 18 through 20 and renumbering sec. 21 as sec. 13.

Amend the bill as a whole by deleting sec. 22.

Amend the title of the bill by deleting the fourth through seventh lines and inserting:

“voter; enacting certain provisions governing the reporting of election results; revising”.

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. 522.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 383.

Amend section 1, page 1, by deleting lines 15 through 19 and inserting:

“(a) That is located on 20 or more contiguous acres of property that are adjacent to and north of Rancho Drive;

(b) That is located south of Lake Mead Boulevard and north of Holley Lane; and”.

Amend section 1, page 2, line 2, after “is” by inserting “operated or”.

Amend section 1, page 2, between lines 7 and 8 by inserting:

“3. A proposed resort hotel:

(a) That is located on 15 or more contiguous acres of property that are adjacent to and west of Boulder Highway;

(b) That is located south of Sahara Avenue and north of Desert Inn Road; and

(c) That is located within 500 feet from a parcel of land on which a licensed resort hotel is operated or located on the effective date of this act,

may petition the county, city or town having jurisdiction over the locationofthe proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to NRS 463.3084.”.

Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. If any provision of this act is held invalid, each provision of this act is invalid, and to this end the provisions of this act are nonseverable.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 540.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 381.

Amend the bill as a whole by adding a new section designated sec. 17, following sec. 16, to read as follows:

“Sec. 17. This act becomes effective on January, 1, 2001.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that Assembly Bill No. 540 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 543.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 430.

Amend sec. 2, page 2, line 2, by deleting:

“October 1, 1999.” and inserting:

“the effective date of this act.”.

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. This act becomes effective upon passage and approval.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 544.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 435.

Amend sec. 2, page 2, lines 19 and 20, by deleting:

“or a parent having joint custody” and inserting:

“[or a parent having joint custody]”.

Amend sec. 2, page 2, line 22, by deleting “other” and inserting “[other] noncustodial”.

Amend sec. 2, page 2, line 23, by deleting “or” and inserting “[or”.

Amend sec. 2, page 2, by deleting line 24 and inserting:

“other parent having joint custody] refuses to give that consent, the custodialparent”.

Amend sec. 2, page 2, line 25, by deleting:

“planning the move” and inserting:

“[planning the move]”.

Amend sec. 2, page 2, by deleting lines 26 through 28 and inserting:

“petition the court for permission to move the child.”.

Amend sec. 2, page 2, by deleting line 31 and inserting:

“noncustodial parent . [or other parent having joint custody.]”.

Amend the title of the bill, third line, after “state;” by inserting:

“removing the reference to a parent having joint custody of a child in a provision concerning consent required to move a child from this state;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning parent moving child out of this state. (BDR 11-1598)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 583.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 382.

Amend sec. 2, page 2, line 3, after “establishments” by inserting:

“which hold restricted and nonrestricted licenses”.

Amend sec. 2, page 2, by deleting lines 6 and 7 and inserting:

“the creditors of licenses are protected and that gaming”.

Amend the title of the bill by deleting the second and third lines and inserting:

“revising the public policy of this state concerning gaming to clarify that it applies to gaming establishments which hold restricted or nonrestricted licenses; and providing other”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 592.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 434.

Amend section 1, page 1, line 12, by deleting:

“[5 years] 1 year” and inserting “5 years”.

Amend section 1, page 1, by deleting line 16 and inserting:

“for his judicial services during the last year thereof, payable”.

Amend section 1, page 2, line 3, by deleting:

“beyond [5 years] 1 year” and inserting:

“[beyond 5 years]”.

Amend sec. 2, page 2, line 43, by deleting:

“[5 years] 1 year” and inserting “5 years”.

Amend sec. 2, page 3, lines 4 and 5, by deleting:

“[the last year thereof,]that year,” and inserting:

“the last year thereof,”

Amend sec. 2, page 3, line 9, by deleting:

“beyond [5 years] 1 year” and inserting:

“[beyond 5 years]”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that Assembly Bill No. 592 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 631.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 459.

Amend sec. 6, page 4, line 15, after “The” by inserting “following”.

Amend sec. 7, page 4, line 39, after “2.”, by inserting:

“Must be chaired by the speaker designate of the assembly.

3.”.

Amend the bill as a whole by renumbering sections 10 through 16 as sections 12 through 18 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:

“Sec. 10. NRS 218.130 is hereby amended to read as follows:

218.130 The number of officers and employees of the senate [shall] must be determined by each session of the senate as recommended by the senate committee [on] which has jurisdiction of issues relating to legislative functions.

Sec. 11. NRS 218.160 is hereby amended to read as follows:

218.160 The number of officers and employees of the assembly [shall] must be determined by each session of the assembly as recommended by the assembly committee [on] which has jurisdiction of issues relating to legislative functions.”.

Amend the bill as a whole by renumbering sec. 17 as sec. 20 and adding a new section designated sec. 19, following sec. 16, to read as follows:

“Sec. 19. NRS 218.245 is hereby amended to read as follows:

218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county, school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.

2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.

3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.

4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor[.] , within any limitations established by the legislature by joint rule.

5. An agency or officer of the executive branch of the state government or a county, school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.”.

Amend the bill as a whole by renumbering sections 18 through 24 as sections 24 through 30 and adding new sections designated sections 21 through 23, following sec. 17, to read as follows:

“Sec. 21. NRS 218.272 is hereby amended to read as follows:

218.272 1. [The]Except as otherwise provided in subsection 4, the fiscal analysis division shall obtain a fiscal note on:

(a) Any bill which makes an appropriation or increases any existing appropriation;

(b) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and

(c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely,

before [the] a vote is taken on such a bill or joint resolution [is considered at a public hearing of] by a committee of the assembly or the senate . [, orbefore any vote is taken on it by the committee.]

2. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.

[2.] 3. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.

[3.] 4. The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget.

Sec. 22. NRS 218.2723 is hereby amended to read as follows:

218.2723 Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which reduces the revenues or increases the expenditures of a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail or detention facility, or makes release on probation therefrom less likely, [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.

Sec. 23. NRS 218.2725 is hereby amended to read as follows:

218.2725 1. Before a vote is taken by a committee of the assembly or the senate on any bill or joint resolution which affects the premiums charged to employers as provided in chapters 616A, 616B, 616C, 616D or 617 of NRS or the state insurance fund established by chapters 616A to 616D, inclusive, of NRS , [is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee,] the fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial effect on the premiums charged employers by the state industrial insurance system or on the state insurance fund.

2. The state industrial insurance system shall provide such information upon request of the fiscal analysis division.

3. The department of administration is not required to review such a fiscal note, but upon request of any legislator, the fiscal analysis division shall review the note and submit its findings to the requester.”.

Amend the bill as a whole by renumbering sections 25 though 43 as sections 33 through 51 and adding new sections designated sections 31 and 32, following sec. 24, to read as follows:

“Sec. 31. NRS 218.464 is hereby amended to read as follows:

218.464 1. The following persons are entitled to receive free of charge in any one calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the publication:

(a) Justices and the clerk of the supreme court, one copy;

(b) County clerks and district attorneys, one copy;

(d) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.

2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the director of the legislative counsel bureau.

Sec. 32. NRS 218.466 is hereby amended to read as follows:

218.466 1. The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:

(a) Elected state officers.

(b) Offices of all state departments and agencies.

(d) Offices of other county officials.

(e) Municipal officers.

(f) Districts and other governmental agencies.

(g) Justices of the peace.

(h) The state library and archives.

(i) County and city libraries and libraries of the University and Community College System of Nevada.

(j) Accredited members of the press.

2. Upon approval of the committee [on] of the senate or the assembly which has jurisdiction of issues relating to legislative functions , [of the senate or assembly,] additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.

3. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.”.

Amend the title of the bill, seventh line, after “regulations;” by inserting:

“revising certain provisions governing fiscal notes concerning legislative measures;”.

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. 646.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 429.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 463.0193 is hereby amended to read as follows:

463.0193 “Sports pool” means the business of accepting [wagers] , transferring, brokering, facilitating or moving to or for another person a wager on a sporting [events] event by any system or method of wagering.”.

Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 2, to read as follows:

“Sec. 4. NRS 179.118 is hereby amended to read as follows:

179.118 1. The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.

(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.

(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (e) of subsection 1 of NRS 62.211.

(f) If the property was seized as the result of a violation of NRS 207.195 that was related to gaming, NRS 463.160 or 465.093, 75 percent in the state general fund to be accounted for separately for use by agents of the state gaming control board for enforcement and 25 percent in the state general fund to be accounted for separately to be used for programs to assist persons who are addicted to gambling pursuant to the direction of the Nevada gaming commission.

Sec. 5. NRS 179.121 is hereby amended to read as follows:

179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in:

(a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering;

(b) The commission of any crime by a criminal gang, as defined in NRS 213.1263; [or]

(d) A violation of NRS 207.195 that is related to gaming,

is subject to forfeiture.

2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

3. For the purposes of this section, a firearm is loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.”.

Amend the title of the bill to read as follows:

“AN ACT relating to gaming; revising the definition of “sports pool”; changing the deadline for collection of the annual excise tax on slot machines; clarifying a provision governing the issuance and expiration of a manufacturer’s, seller’s or distributor’s license; providing that personal property which is used as an instrumentality in certain crimes related to gaming is subject to forfeiture; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to gaming. (BDR 41-416)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 650.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 394.

Amend sec. 3, page 2, line 9, by deleting “manually,” and inserting:

“manually or electronically,”.

Amend sec. 3, page 2, by deleting lines 11 through 20 and inserting:

“2. A person may comply with a written promise to appear in court by an appearance by counsel.

3. A warrant may issue upon a violation of a written promise to appear.”.

Amend sec. 10, page 6, by deleting lines 3 through 8 and inserting:

“violates a written promise to appear pursuant to a citation [issued]that was prepared manually or electronically for a violation of a traffic law or ordinance occurring within this state other”.

Amend sec. 17, page 10, by deleting lines 1 through 6 and inserting:

“2. Aperson may comply with awritten promise to”.

Amend sec. 17, page 10, by deleting lines 8 through 10 and inserting:

“3. A warrant may issue upon a violation of a written promise to appear.”.

Amend the title of the bill by deleting the third and fourth lines and inserting “various courts;”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which was referred Assembly Bill No. 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman de Braga moved that Assembly Bill No. 380 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblyman Bache moved that Assembly Bill No. 142 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblyman Perkins moved that the Assembly stand in recess until 4:00 p.m.

Motion carried.

Assembly in recess at 12:21 p.m.

ASSEMBLY IN SESSION

At 4:16 p.m.

Mr. Speaker presiding.

All present except Assemblymen Arberry, Carpenter and Freeman, who were excused.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 349, 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 Judiciary, to which were referred Assembly Bills Nos. 282, 549, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernard Anderson, Chairman

Mr. Speaker:

Your Committee on Transportation, to which were referred Assembly Bills Nos. 76, 457, 458, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 661, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Jan Evans, Vice-Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that Assembly Bill No. 605 be taken from the Chief Clerk's desk and placed on the General File.

Motion carried.

Assemblywoman Chowning moved that Assembly Bill No. 271 be taken from the Chief Clerk's desk and placed on the General File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 108 be taken from the Chief Clerk's desk and placed on the General File.

Motion carried.

Assemblyman Perkins moved that all rules be suspended and that Assembly Bills Nos. 110, 157, 173, 279, 366, 445, 469, 504, 601; Assembly Joint Resolution No. 12 declared an emergency measure under the Constitution and placed on third reading and final passage.

Motion carried unanimously.

Assemblyman Perkins moved that Assembly Bills Nos. 219, 241, 554, 587, 591, 597, 638, 639 and 641 be placed on the Second Reading File.

Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 239 be placed on the General File.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 219.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 485.

Amend sec. 2, page 2, line 10, by deleting the period and inserting:

“, excluding any amount of money derived from the proceeds of bonds.”.

Amend sec. 4, pages 2 and 3, by deleting sec. 4 and inserting:

“Sec. 4. (Deleted by amendment.)”.

Amend the title of the bill, third line, by deleting:

“authorized expenditures and”.

Amend the summary of the bill, first line, by deleting:

“authorized expenditures and”.

Assemblywoman Cegavske moved the adoption of the amendment.

Remarks by Assemblywoman Cegavske.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 241.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 534.

Amend the bill as a whole by deleting sections 1 through 3, renumbering sec. 4 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. 1. The Legislative Auditor shall conduct an audit of the school districts in this state. The audit must include an assessment of a representative number of public schools throughout this state, with at least one public school in each school district included in the assessment. For each school, the audit must include, without limitation:

(a) The revenue budgeted for and the expenditure levels of instructional costs not related to personnel costs, including, without limitation, the amount expended for instructional supplies, library books, textbooks, instructional software and other areas directly related to the instruction of pupils;

(b) The number of pupils who are enrolled in each subject area and the number of textbooks available for each subject area, if applicable;

(c) The number of pupils who are enrolled in programs of special education and the number of textbooks available for use in each such program; and

(d) The amount of money requested of parents of pupils who are enrolled in elementary school to purchase instructional supplies or other items which are used to supplement the resources available to the school for the instruction of those pupils.

2. The Legislative Auditor shall prepare a final written report of the audit and present the report to the Audit Subcommittee of the Legislative Commission not later than February 5, 2001.

3. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, each school district in this state shall be deemed to be an agency of the state.

4. Upon the request of the Legislative Auditor or his authorized representative, the officers and employees of each school district in this state shall make available to the Legislative Auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct the audit required by this section.”.

Amend the title of the bill as follows:

“AN ACT relating to school districts; requiring the Legislative Auditor to conduct an audit of the school districts in this state; and providing other matters properly relating thereto.”.

Amend the summary of the bill as follows:

“SUMMARY—Requires Legislative Auditor to conduct audit of school districts in this state. (BDR S‑1025)”.

Assemblywoman McClain moved the adoption of the amendment.

Remarks by Assemblywoman McClain.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 554.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 515.

Amend sec. 2, page 2, by deleting lines 10 through 12 and inserting:

“recreation board, at any time or from time to time ~~[, in the name and on the]~~may:

(a) In the name of and onbehalf of the county [may:

(a) Issue:], issue:”.

Amend sec. 2, page 2, by deleting line 21 and inserting:

“(b) ~~[Issue revenue bonds payable solely]~~ In the name of and on behalf of the county fair and recreation board, issue revenue bonds:”.

Amend sec. 2, page 2, by deleting lines 24 and 25 and inserting:

“(2) Secured by a pledge of revenues from any tax on the rental of transient lodging levied for revenue by the county or a city;”.

Amend sec. 2, page 2, line 33, by deleting “majorities” and inserting:

“[majorities]a majority”.

Amend sec. 2, page 2, line 34, after “inclusive.” by inserting:

“This paragraph does not apply to contracts for the prepayment of rent or other similar obligations.”.

Amend the title of the bill, fifth line, after “bonds;” by inserting:

“making various other changes governing obligations of county fair and recreational boards;”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 587.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 533.

Amend section 1, page 2, line 3, by deleting “25” and inserting “50”.

Assemblywoman Evans moved the adoption of the amendment.

Remarks by Assemblywoman Evans.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 591.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 333.

Amend section 1, page 2, lines 1 and 2, by deleting:

“during the preceding 3 years.” and inserting:

“during preceding years. The chief shall adjust the formula for calculating the fee each biennium.”.

Amend sec. 2, page 2, line 9, by deleting:

“from the state purchasing fund,” and inserting:

“, [from the state purchasing fund,]”.

Amend sec. 2, page 2, by deleting lines 12 and 13, and inserting:

“agency’s account [as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the state purchasing fund.]for payment of the claim.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 597.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 490.

Amend section 1, page 1, line 2, after “sections” by inserting “1.5,”.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. 1. The fund to stabilize the state distributive school account is hereby created as a special revenue fund, to be administered by the superintendent of public instruction.

2. All money in the state distributive school account that would otherwise revert to the state general fund at the end of a fiscal biennium must be deposited by the state treasurer in the fund to stabilize the state distributive school account. Except as otherwise provided in subsection 4, the money in the fund may only be used to cover a shortfall in the state distributive school account.

3. The money in the fund to stabilize the state distributive school account must be invested as the money in other state funds is invested. The superintendent of public instruction may accept gifts and grants from any source for deposit in the fund.

4. All interest and income earned on the money in the fund to stabilize the state distributive school account must be deposited in the fund to assist school districts in financing capital improvements created pursuant to section 2 of this act.

5. Claims against the fund to stabilize the state distributive school account must be paid as other claims against the state are paid.”.

Amend sec. 14, page 9, line 37, by deleting “fund” and inserting “account”.

Amend the title of the bill, second line, after “facilities;” by inserting:

“creating the fund to stabilize the state distributive school account;”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Assemblywoman Giunchigliani moved that Assembly Bill No. 597 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 638.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 483.

“and providing other matters”.

Assemblyman Hettrick moved the adoption of the amendment.

Remarks by Assemblyman Hettrick.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 639.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 390.

Amend section 1, page 2, line 1, by deleting “permanent”.

Amend section 1, page 2, line 2, by deleting the period and inserting:

“for the contract for at least 7 years after the date on which the contract was executed.”.

Amend section 1, page 2, line 3, by deleting “awards or”.

Amend section 1, page 2, line 8, by deleting:

“was or will” and inserting “may”.

Amend section 1, page 2, by deleting lines 9 through 12 and inserting:

“(2) The estimated amount for which the contract may be awarded;

(3) The general purpose for which the contract may be”.

Amend section 1, page 2, line 14, by deleting “(5)” and inserting “(4)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 641.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 561.

Amend sec. 3, page 1, line 8, by deleting “A” and inserting:

“1. Except as otherwise provided in subsection 2, a”.

Amend sec. 3, page 1, line 10, by deleting “1.” and inserting “(a)”.

Amend sec. 3, page 1, line 11, by deleting “2.” and inserting “(b)”.

Amend sec. 3, page 2, between lines 3 and 4, by inserting:

“2. A city or county may not:

(a) Bring and maintain an action pursuant to subsection 1 that would request a court to grant relief that would violate a state statute; or

(b) Participate in any proceeding of a federal agency pursuant to subsection 1 to request the federal agency to take any action that would violate a state statute.”.

Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:

“Sec. 6. 1. The legislature hereby finds and declares that:

(a) Esmeralda, Lincoln and Nye counties contain species and subspecies of wildlife that have been or are likely to be declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended;

(b) These counties are not authorized currently to carry out programs for the preservation of endangered or threatened species or subspecies of wildlife;

(c) The declaration of species and subspecies of wildlife in Esmeralda, Lincoln and Nye counties as endangered or threatened will have a serious adverse effect on the economy of those counties and on the lifestyles of their residents; and

(d) Because a general law cannot be made applicable because of the economic and geographical diversity of these rural counties, it is necessary by special act to provide a means by which Esmeralda, Lincoln and Nye counties may promote the protection of their natural resources while simultaneously protecting their human and financial resources.

2. The board of county commissioners of Esmeralda, Lincoln or Nye County, individually or jointly by interlocal agreement, may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of a species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended. In addition, the board of county commissioners, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies of wildlife in the county which have been determined by the board of county commissioners to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including, without limitation, the expenditure for this purpose of money collected pursuant to subsection 3 or the participation in an agreement made pursuant to NRS 503.589. The board of county commissioners may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the board of county commissioners may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.

3. The board of county commissioners may, by ordinance, impose a reasonable fee of not more than $550 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 2. Except as otherwise provided in this subsection, the fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580. If a county does not issue building permits in all areas of the county, the fee must be collected before the construction of a structure or the grading of land in an area of the county in which the county does not issue building permits.

4. If a fee is imposed pursuant to subsection 3, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 3. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 2.”.

Amend the title of the bill, fourth line, after “instrumentalities” by inserting:

“authorizing the board of county commissioners of Esmeralda, Lincoln or Nye County to create an area or zone for the preservation of a species or subspecies of wildlife that is threatened with extinction and to impose and collect a fee for that purpose;”.

Amend the summary of the bill, second line, by deleting the period and inserting:

“and authorizes certain counties to create areas for the preservation of species or subspecies of wildlife threatened with extinction.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Waiver

A Waiver requested by: Speaker Joseph E. Dini, Jr.

For: Assembly Bill 660.

To Waive:

Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 68^th day).

Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 78^th day).

Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2^nd house by 103^rd day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2^nd house by 110^th 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 9, 1999.

William J. RaggioJoseph E. Dini, Jr.

Senate Majority LeaderSpeaker of the Assembly

Assemblywoman Evans moved that Assembly Bill No. 608 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.

Motion carried.

general file and third reading

Assembly Bill No. 3.

Bill read third time.

Remarks by Assemblymen Williams and Cegavske.

Roll call on Assembly Bill No. 3:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 3 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 239.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 484.

Amend sec. 2, page 2, by deleting lines 5 through 8 and inserting:

“investigating the background of volunteers who work with children, and any gifts, donations, bequests or other”.

Amend sec. 2, page 2, by deleting lines 16 and 17 and inserting:

“5. The interest and income earned on money in the account from sources other than legislative appropriation, after”.

Amend sec. 2, page 2, line 19, by deleting:

“in the account remaining” and inserting:

“from sources other than legislative appropriation that remains in the account”.

Assemblyman Nolan moved the adoption of the amendment.

Remarks by Assemblyman Nolan.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 439.

Bill read third time.

Remarks by Assemblymen Segerblom, Hettrick, Buckley, Giunchigliani and de Braga.

Mr. Speaker requested the privilege of the Chair.

Roll call on Assembly Bill No. 439:

Yeas—35.

Nays—Angle, Buckley, Gustavson, Manendo—4.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 439 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 605.

Bill read third time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 611.

Amend section 1, page 2, by deleting lines 28 through 30 and inserting:

“for services performed pursuant to this subsection.”.

Amend the title of the bill by deleting the third line and inserting “clarifying that”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Assemblyman Bache moved that Assembly Bill No. 605 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, re-engrossed and to the Committee on Ways and Means.

Assembly Bill No. 271.

Bill read third time.

Remarks by Assemblywoman Chowning.

Roll call on Assembly Bill No. 271:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 271 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 108.

Bill read third time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 314.

Amend sec. 3, page 3, by deleting lines 7 through 9 and inserting:

“3. On June 30 of each fiscal year, any amount in excess of [~~$30,000]~~ $200,000 in the attorney general’s special fund of the money collected pursuant to subsection 1 reverts to the state general fund.

4. The balance of the money in the attorney general’s special fund that is collected pursuant to subsection 1 must not exceed $250,000. If money deposited in the state treasury for credit to the attorney general’s special fund pursuant to subsection 1 would cause that balance to exceed $250,000 if credited to the fund, the amount of the deposit which would cause the balance to exceed $250,000 immediately reverts to the state general fund.”.

Amend the title of the bill, fifth line, by deleting “fund;” and inserting:

“fund and the maximum balance which may be detained in the fund; limiting the amount of money collected for unfair trade practices that can be credited to the attorney general’s special fund;”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 110.

Bill read third time.

Remarks by Assemblymen Buckley and Brower.

Potential conflict of interest declared by Assemblyman Brower.

Roll call on Assembly Bill No. 110:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 110 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 157.

Bill read third time.

Remarks by Assemblymen Koivisto, Gustavson, Bache and Anderson.

Roll call on Assembly Bill No. 157:

Yeas—24.

Nays—Angle, Collins, de Braga, Dini, Gibbons, Gustavson, Humke, Lee, Manendo, Marvel, Neighbors, Nolan, Perkins, Price, Von Tobel—15.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 157 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 173.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Assembly Bill No. 173:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 173 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 279.

Bill read third time.

Remarks by Assemblywoman Evans.

Roll call on Assembly Bill No. 279:

Yeas—38.

Nays—None.

Not Voting—Marvel.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 279 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 366.

Bill read third time.

Remarks by Assemblymen Chowning, Cegavske, Beers, Williams and Giunchigliani.

Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

Potential conflict of interest declared by Assemblymen Giunchigliani, Anderson, Bache and Parnell

Roll call on Assembly Bill No. 366:

Yeas—31.

Nays—Angle, Beers, Cegavske, Gustavson, Hettrick, Marvel, Nolan, Von Tobel—8.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 366 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 445.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Assembly Bill No. 445:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 445 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 469.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Assembly Bill No. 469:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 469 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 601.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Assembly Bill No. 601:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 601 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 12.

Resolution read third time.

Remarks by Assemblymen Beers and Giunchigliani.

Roll call on Assembly Joint Resolution No. 12:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Joint Resolution No. 12 having received a constitutional majority, Mr. Speaker declared it passed.

Resolution ordered transmitted to the Senate.

Assembly Bill No. 504.

Bill read third time.

Remarks by Assemblyman Hettrick.

Roll call on Assembly Bill No. 504:

Yeas—39.

Nays—None.

Excused—Arberry, Carpenter, Freeman—3.

Assembly Bill No. 504 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 5:25 p.m.

ASSEMBLY IN SESSION

At 5:31 p.m.

Mr. Speaker presiding.

Quorum Present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that upon return from the printer Assembly Bill No. 591 be re-referred to the Committee on Ways and Means.

Motion carried.

Notice of Exemption

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 483, 511, 540, 591, 592, 605 and 608.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 58.

Assemblyman Perkins moved that the Assembly adjourn until Tuesday, April 13, 1999, at 11:00 a.m.

Motion carried.

Assembly adjourned at 5:32 p.m.

Approved: Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Jacqueline Sneddon

Senate Majority LeaderSpeaker of the Assembly

Speaker of the Assembly

Chief Clerk of the Assembly