THE SEVENTY-FOURTH DAY
Carson City (Thursday), April 15, 1999
Assembly called to order at 11:31 a.m.
Madam Speaker pro Tempore presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.
Almighty God, our heavenly Father: Send down upon those who hold office in this State Assembly the spirit of wisdom, charity, and justice that with steadfast purpose they may faithfully serve in their offices to promote the welfare of all of the people of Nevada. In the Name of Your Son. 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 were referred Assembly Bills Nos. 60, 194, 204, 334, 451, 535, 536, 555, 603, 610, 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 Education, to which were referred Assembly Bills Nos. 217, 376, 576, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Concurrent Committee on Education, to which was referred Assembly Bill No. 348, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 149, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 621, 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 were referred Assembly Bills Nos. 527, 562, 567, 581, 584, 669, 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
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 552, 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 were referred Assembly Bills Nos. 653, 677, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 14, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 372, 461, 476, 502, 523, 529, 534, 536, 538; Senate Joint Resolution No. 14.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 61, 68, 104, 266, 289, 323, 327, 330, 397, 410, 420, 457, 464, 470, 471, 472, 508, 519, 528.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 304 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 333 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 614 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 434 be placed at the bottom of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 258 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Perkins moved that Assembly Bill No. 455 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
In compliance with a notice given on a previous day, Assemblywoman Buckley moved that the vote whereby Assembly Bill No. 549 was passed be reconsidered.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 458 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Arberry.
Motion carried.
Assemblyman Thomas moved that Assembly Bill No. 564 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Thomas.
Motion carried.
Senate Joint Resolution No. 14.
Assemblyman Perkins moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assemblyman Perkins moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 61.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 68.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 104.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 266.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 289.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 323.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 327.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 330.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 15, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 31.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 31.
Assemblyman Humke moved the adoption of the resolution.
Remarks by Assemblymen Humke, Anderson, Carpenter, Marvel, Gibbons, Collins, Price, Angle, Hettrick, Gustavson and Evans.
Resolution adopted unanimously.
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6 determined the exemption of Assembly Bills Nos. 455, 458 and 564.
Assemblyman Perkins moved that Assembly Bills Nos. 60, 194, 204, 217, 334, 348, 376, 451, 527, 535, 536, 552, 555, 562, 567, 576, 581, 584, 603, 610, 621, 653, 669 and 677 be placed on the Second Reading File.
general file and third reading
Assembly Bill No. 162.
Bill read third time.
Remarks by Assemblywomen Berman and Gibbons.
Roll call on Assembly Bill No. 162:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 162 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 239.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 239:
Yeas—40.
Nays—Angle, Collins—2.
Assembly Bill No. 239 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 265.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 265:
Yeas—42.
Nays—None.
Assembly Bill No. 265 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 293.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 293:
Yeas—42.
Nays—None.
Assembly Bill No. 293 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 388.
Bill read third time.
Remarks by Assemblymen Bache and Collins.
Roll call on Assembly Bill No. 388:
Yeas—42.
Nays—None.
Assembly Bill No. 388 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 392.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 392:
Yeas—42.
Nays—None.
Assembly Bill No. 392 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 397.
Bill read third time.
Remarks by Assemblymen Goldwater, Angle and Collins.
Conflict of interest declared by Assemblywoman Angle.
Potential conflict of interest declared by Assemblyman Collins.
Roll call on Assembly Bill No. 397:
Yeas—38.
Nays—Berman, Tiffany, Von Tobel—3.
Not Voting—Angle.
Assembly Bill No. 397 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 432.
Bill read third time.
Remarks by Assemblymen Parks, Tiffany, Chowning, Nolan, Marvel and Anderson.
Assemblymen Anderson, Giunchigliani and Williams moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 432.
Roll call on Assembly Bill No. 432:
Yeas—35.
Nays—Angle, Bache, Chowning, Giunchigliani, Perkins, Tiffany—6.
Not Voting—Evans.
Assembly Bill No. 432 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 436.
Bill read third time.
Remarks by Assemblymen Berman and Carpenter.
Roll call on Assembly Bill No. 436:
Yeas—42.
Nays—None.
Assembly Bill No. 436 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 465.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Buckley, Bache and Tiffany.
Assemblywoman Giunchigliani moved that Assembly Bill No. 465 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assembly Bill No. 503.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 503:
Yeas—38.
Nays—Anderson, Claborn, Koivisto, Parnell—4.
Assembly Bill No. 503 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 517.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Assembly Bill No. 517:
Yeas—42.
Nays—None.
Assembly Bill No. 517 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 593.
Bill read third time.
Remarks by Assemblyman Claborn.
Roll call on Assembly Bill No. 593:
Yeas—41.
Nays—None.
Not Voting—Dini.
Assembly Bill No. 593 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 636.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 661.
Amend sec. 9, page 2, by deleting lines 20 through 24 and inserting:
“Not more than $1,000,000............ $100
Unlimited.............. 500”.
Amend sec. 15.5, page 5, line 36, by deleting “$500” and inserting “$100”.
Amend sec. 15.5, page 5, line 37, by deleting “$1,000” and inserting “$250”.
Amend sec. 15.5, page 5, line 37, by deleting “$1,000” and inserting “$250”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 647.
Bill read third time.
Remarks by Assemblyman Claborn.
Roll call on Assembly Bill No. 647:
Yeas—42.
Nays—None.
Assembly Bill No. 647 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 680.
Bill read third time.
Remarks by Assemblymen Buckley and Beers.
Roll call on Assembly Bill No. 680:
Yeas—42.
Nays—None.
Assembly Bill No. 680 having received a two-thirds majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 333.
Bill read third time.
Remarks by Assemblymen Hettrick, Buckley, Brower and Price.
Assemblyman Price moved that Assembly Bill No. 333 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Price.
Motion lost.
Remarks by Assemblymen Freeman, Perkins, Collins, Humke, Ohrenschall and Carpenter.
Assemblymen Perkins, de Braga and Leslie moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 333.
Roll call on Assembly Bill No. 333:
Yeas—15.
Nays—Angle, Arberry, Bache, Brower, Buckley, Carpenter, Chowning, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, McClain, Mortenson, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas—24.
Not Voting—Berman, Evans, Gibbons—3.
Assembly Bill No. 333 having failed to receive a constitutional majority, Madam Speaker pro Tempore declared it lost.
Assembly Bill No. 614.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 614:
Yeas—41.
Nays—Angle.
Assembly Bill No. 614 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 549.
Bill read third time.
The following amendment was proposed by Assemblywoman Buckley:
Amendment No. 652.
Amend the bill as a whole by deleting sections 3 through 5 and renumbering sec. 6 as sec. 3.
Amend the bill as a whole by deleting sections 7 and 8.
Amend the title of the bill, third and fourth lines, by deleting:
“providing that a minor who falsely represents his age to purchase tobacco products is in need of supervision;”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblymen Buckley and Carpenter.
Amendment lost.
Remarks by Assemblymen Anderson, Leslie and Freeman.
Roll call on Assembly Bill No. 549:
Yeas—15.
Nays—Arberry, Bache, Beers, Berman, Buckley, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Leslie, Marvel, McClain, Neighbors, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Williams—26.
Not Voting—Ohrenschall.
Assembly Bill No. 549 having failed to receive a constitutional majority, Madam Speaker pro Tempore declared it lost.
Assembly Bill No. 434.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 645.
Amend section 1, pages 1 and 2, by deleting lines 7 through 18 on page 1 and lines 1 through 7 on page 2, and inserting:
“(c) The statement required pursuant to NRS 623.225;
(d) Proof which is satisfactory to the board that he has completed:
(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design;
(2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;
(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;
(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or
(5) At least 6 consecutive years of experience in the practice of interior design; and
(e) A certificate issued by the National Council for Interior Design”.
Amend sec. 2, pages 2 and 3, by deleting lines 28 through 42 on page 2 and line 1 on page 3, and inserting:
“(c) The statement required pursuant to NRS 623.225;
(d) Proof which is satisfactory to the board that he has completed:
(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design; [or]
(2)At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;
(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design; or
(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; and
(e) A certificate issued by the National Council for Interior Design”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Brower gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 333 was this day refused passage.
CONSENT CALENDAR
Senate Bill No. 115.
Bill read by number.
Roll call on Senate Bill No. 115:
Yeas—42.
Nays—None.
Senate Bill No. 115 having received a two thirds majority, Madam Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 372.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Price gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 517 was this day passed.
Assemblywoman Chowning moved that Assembly Bill No. 258 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.
Remarks by Assemblywoman Chowning.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 397.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 410.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 420.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 457.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 461.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 464.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 470.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 471.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 472.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 476.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 502.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 508.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 519.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 523.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 528.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 529.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 534.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 536.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 538.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 615.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 460.
Amend the bill as a whole by deleting sections 4 through 6 and renumbering sections 7 through 18 as sections 4 through 15.
Amend sec. 9, pages 5 and 6, by deleting lines 29 through 43 on page 5 and lines 1 through 31 on page 6 and inserting:
“293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and before the first Tuesday in September must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for the office in question in the state, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the third Tuesday in September. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general election and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after a primary election and before the second Tuesday in September must be filled by the person who received the next highest vote for the nomination in the primary.
4. Except to place a candidate nominated pursuant to subsection 2 on the ballot, no change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed before 5 p.m. on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.”.
Amend the bill as a whole by renumbering sections 19 and 20 as sections 17 and 18 and adding a new section designated sec. 16, following sec. 18, to read as follows:
“Sec. 16. NRS 293.202 is hereby amended to read as follows:
293.202 A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days , excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.”.
Amend the bill as a whole by deleting sections 21 and 22 and renumbering sections 23 through 27 as sections 19 through 23.
Amend the bill as a whole by deleting sec. 28, renumbering sections 29 and 30 as sections 30 and 31 and adding new sections designated sections 24 through 29, following section 27, to read as follows:
“Sec. 24. NRS 293C.175 is hereby amended to read as follows:
293C.175 1. A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in [May] April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Sec. 25. NRS 293C.190 is hereby amended to read as follows:
293C.190 1. A vacancy occurring in a nomination for a city office after the close of filing and before the first Tuesday after the first Monday in [May] April in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. The petition must be filed not earlier than 30 days before the date of the primary city election and not later than the third Tuesday after the third Monday in [May.] April. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election and his name must not appear on the ballot for a primary city election.
2. A vacancy occurring in a nomination for a city office after a primary city election and before the second Tuesday after the second Monday in [May] April must be filled by the person who received the next highest vote for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot after the second Tuesday after the second Monday in [May] April of the year in which the general city election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
4. All designations provided for in this section must be filed before 5 p.m. on the second Tuesday after the second Monday in [May] April of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.
Sec. 26. NRS 293C.195 is hereby amended to read as follows:
293C.195 A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days , excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy or an acceptance of candidacy.
Sec. 27. NRS 293C.345 is hereby amended to read as follows:
293C.345 The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in [April] March and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, an official mailing ballot to be voted by him at the election.
Sec. 28. NRS 293C.370 is hereby amended to read as follows:
293C.370 1. Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the third Tuesday after the third Monday in [May] April and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 29. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after [the] :
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election[.]; or
(b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.”.
Amend the bill as a whole by renumbering sections 31 through 38 as sections 33 through 40 and adding a new section designated sec. 32, following sec. 30, to read as follows:
“Sec. 32. NRS 294A.200 is hereby amended to read as follows:
294A.200 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after [the] :
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election[.]; or
(b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.”.
Amend the bill as a whole by renumbering sec. 39 as sec. 46 and adding new sections designated sections 41 through 45, following sec. 38, to read as follows:
“Sec. 41. Section 96 of the charter of Boulder City is hereby amended to read as follows:
Section 96. Conduct of city elections.
1. All City elections [shall] must be nonpartisan in character and [shall] must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)
2. All full terms of office in the City Council [shall be] are four years, and Councilmen [shall] must be elected at large without regard to precinct residency. Two full-term Councilmen and the Mayor are to be elected in each year immediately preceding a Federal presidential election, and two full-term Councilmen are to be elected in each year immediately following a Federal presidential election. In each election, the candidates receiving the greatest number of votes [shall] must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-96)
A. In the event one or more two-year term positions on the Council will be available at the time of a municipal election as provided in Section 12, candidates [shall] must file specifically for such position(s). Candidates receiving the greatest respective number of votes [shall] must be declared elected to the respective available two-year positions. (Add. 15; Amd. 2; 6-4-91)
3. A city primary election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in [May] April of each odd-numbered year and a City general election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in June of each odd-numbered year.
A. [No primary shall] A primary election must not be held if no more than double the number of Councilmen to be elected file as candidates. [No primary shall] A primary election must not be held for the office of Mayor if no more than two candidates file for that position. The primary election [shall] must be held for the purpose of eliminating candidates in excess of a figure double the number of Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)
B. If, in the primary City election, a candidate receives votes equal to a majority of voters casting ballots in that election, he shall be considered elected to one of the vacancies and his name shall not be placed on the ballot for the general City election. (Add. 10; Amd. 7; 6-2-81)
C. In each primary and general election, voters shall be entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)
Sec. 5.010 Primary election.
1. A primary election must be held on the Tuesday after the first Monday in [May] April of each odd‑numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this state.
3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law must pay to the city clerk, at the time of filing the declaration of candidacy, the filing fee in the amount fixed by the city council.
4. All candidates for elective office must be voted upon by the registered voters of the city at large.
5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected and no general election need be held for that office.
6. If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election may be held for that office.
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the [1st] first Monday in [May] April 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
2. On the Tuesday after the [1st] first Monday in [May] April 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.
3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.
4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk. The city clerk shall collect from each candidate, at the time of filing that candidate’s declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.
6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.
7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office must be held on the Tuesday following the first Monday in [May] April preceding the general election.
3. Except as otherwise provided in subsections 4 and 5, after the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes must be placed on the ballot for the general election.
4. If one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.
5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:
(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.
(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.
Sec. 45. Section 5.020 of the charter of the city of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 686, Statutes of Nevada 1997, at page 3482, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the first Tuesday after the first Monday in [May] April preceding the general election.
2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.”.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“petitions; changing the date of the primary city election for certain cities; revising various deadlines and procedures relating to the filing of petitions, challenges, withdrawals of candidacy, lists of”.
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. 304.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 571.
Amend sec. 2, page 2, by deleting lines 14 through 30 and inserting:
“You have the right to make a complaint against a peace officer and have it investigated if you believe a peace officer has acted improperly. According to the laws of the State of Nevada, this agency has established written procedures for investigating complaints against peace officers. You have a right to receive a written copy of these procedures. This agency investigates complaints and determines, based on the evidence, any action that may be warranted. Please provide accurate and complete details of the reasons for your complaint. It is against the law to knowingly make a false or fraudulent complaint against a peace officer.
I have read and understand the above statement.
Complainant’s Signature”.
Assemblyman Anderson withdrew Amendment No. 571.
The following amendment was proposed by Assemblywoman McClain:
Amendment No. 637.
Amend section 1, page 1, by deleting lines 3 through 15 and inserting:
“1. A person who knowingly files a false or fraudulent written complaint or allegation of misconduct against a peace officer for conduct in the course and scope of his employment is guilty of a misdemeanor.”.
Amend sec. 2, page 2, by deleting lines 3 through 30 and inserting:
“Each agency in this state that employs peace officers shall:
1. Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and
2. Make copies of the written procedures established pursuant to subsection 1 available to the public.”.
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. 60.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 656.
Amend sec. 2, page 1, by deleting lines 3 through 9 and inserting:
“Sec. 2. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.”.
Amend sec. 2, page 2, line 17, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 2, page 2, line 22, after “4.” by inserting:
“The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.
5. An insurer which offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
6.”.
Amend sec. 3, page 2, by deleting lines 24 through 30 and inserting:
“Sec. 3. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.”.
Amend sec. 3, page 3, line 10, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 3, page 3, line 15, after “4.” by inserting:
“The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.
5. An insurer which offers or issues such a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.
6.”.
Amend sec. 6, page 3, by deleting lines 27 through 33 and inserting:
“Sec. 6. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for prescription drugs or devices shall include in the policy coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.”.
Amend sec. 6, page 4, line 12, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 6, page 4, line 17, after “4.” by inserting:
“The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the policy.
5. An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 7, page 4, by deleting lines 19 through 25 and inserting:
“Sec. 7. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance which provides coverage for outpatient care shall include in the policy coverage for any health care service related to contraceptives or hormone replacement therapy.”.
Amend sec. 7, page 5, line 4, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 7, page 5, line 9, after “4.” by inserting:
“The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the policy.
5. An insurer which offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 9, page 5, by deleting lines 13 through 19 and inserting:
“Sec. 9. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for prescription drugs or devices shall include in the contract coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.”.
Amend sec. 9, page 5, line 40, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 9, page 6, line 3, after “4.” by inserting:
“The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the insured is required to pay for other prescription drugs covered by the contract.
5. An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 10, page 6, by deleting lines 5 through 11 and inserting:
“Sec. 10. 1. Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service which provides coverage for outpatient care shall include in the contract coverage for any health care service related to contraceptives or hormone replacement therapy.”.
Amend sec. 10, page 6, line 32, by deleting “A” and inserting:
“Except as otherwise provided in subsection 5, a”.
Amend sec. 10, page 6, line 37, after “4.” by inserting:
“The provisions of this section do not prohibit an insurer from requiring an insured to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the insured is required to pay for other outpatient care covered by the contract.
5. An insurer which offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection. The insurer shall provide notice to each insured, at the time the insured receives his certificate of coverage or evidence of coverage, that the insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 12, pages 6 and 7, by deleting lines 41 through 43 on page 6 and lines 1 through 4 on page 7, and inserting:
“Sec. 12. 1. Except as otherwise provided in subsection 5, a health maintenance organization which offers or issues a health care plan that provides coverage for prescription drugs or devices shall include in the plan coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration.”.
Amend sec. 12, page 7, line 6, by deleting “maintenance” and inserting “care”.
Amend sec. 12, page 7, by deleting lines 11 and 12 and inserting:
“(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by”.
Amend sec. 12, page 7, line 24, by deleting “Evidence” and inserting:
“Except as otherwise provided in subsection 5, evidence”.
Amend sec. 12, page 7, line 29, after “4.” by inserting:
“The provisions of this section do not:
(a) Require a health maintenance organization to provide coverage for fertility drugs.
(b) Prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by paragraphs (a) and (b) of subsection 1 that is the same as the enrollee is required to pay for other prescription drugs covered by the plan.
5. A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage required by paragraph (a) of subsection 1 if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.
6. If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 13, page 7, by deleting lines 31 through 40 and inserting:
“Sec. 13. 1. Except as otherwise provided in subsection 5, a health maintenance organization that offers or issues a health care plan which provides coverage for outpatient care
shall include in the plan coverage for any health care service related to contraceptives or hormone replacement therapy.
2. A health maintenance organization that offers or issues a health care plan that provides coverage for outpatient care shall not:”.
Amend sec. 13, page 8, by deleting lines 3 and 4 and inserting:
“(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by”.
Amend sec. 13, page 8, line 16, by deleting “Evidence” and inserting:
“Except as otherwise provided in subsection 5, evidence”.
Amend sec. 13, page 8, line 21, after “4.” by inserting:
“The provisions of this section do not prohibit a health maintenance organization from requiring an enrollee to pay a deductible, copayment or coinsurance for the coverage required by subsection 1 that is the same as the enrollee is required to pay for other outpatient care covered by the plan.
5. A health maintenance organization which offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage for health care service related to contraceptives required by this section if the health maintenance organization objects on religious grounds. The health maintenance organization shall, before the issuance of a health care plan and before renewal of enrollment in such a plan, provide to the group policyholder or prospective enrollee, as applicable, written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection. The health maintenance organization shall provide notice to each enrollee, at the time the enrollee receives his evidence of coverage, that the health maintenance organization refused to provide coverage pursuant to this subsection.
6. If a health maintenance organization refuses, pursuant to subsection 5, to provide the coverage required by paragraph (a) of subsection 1, an employer may otherwise provide for the coverage for his employees.
7.”.
Amend sec. 14, page 8, by deleting lines 41 and 42 and inserting:
“Medicaid [pursuant to a contract with the welfare division of the department of human resources.] under the state plan for Medicaid. This subsection does not exempt a health maintenance”.
Amend sec. 14, page 9, by deleting lines 5 and 6 and inserting:
“managed care to recipients of Medicaid under the state plan for Medicaid.”.
Amend the bill as a whole by deleting sec. 16 and renumbering sec. 17 as sec. 16.
Amend the bill as a whole by deleting sections 18 through 20.
Amend the title of the bill to read as follows:
“AN ACT relating to health care; requiring health insurers to include in certain policies of health insurance coverage for services and prescription drugs and devices related to contraceptives and hormone replacement therapy; providing a religious exemption for certain insurers; prohibiting certain health insurers from committing certain acts concerning coverage for services related to contraceptives and hormone replacement therapy; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning health care services related to contraceptives and hormone replacement therapy. (BDR 57‑181)”.
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. 194.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 373.
Amend section 1, page 1, line 3, by deleting “If” and inserting “1. If”.
Amend section 1, page 2, by deleting line 1 and inserting:
“(a) Prohibit an insured from receiving services covered”.
Amend section 1, page 2, line 5, by deleting “2.” and inserting “(b)”.
Amend section 1, page 2, line 10, by deleting “3.” and inserting “(c)”.
Amend section 1, page 2, line 14, by deleting “4.” and inserting “(d)”.
Amend section 1, page 2, line 18, by deleting “5.” and inserting “(e)”.
Amend section 1, page 2, line 20, by deleting “(a)” and inserting “(1)”.
Amend section 1, page 2, line 22, by deleting “(b)” and inserting “(2)”.
Amend section 1, page 2, after line 23, by inserting:
“2. Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or facility other than the hospital described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.”.
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. 204.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 639.
Amend sec. 8, page 2, by deleting sec. 8 and inserting:
“Sec. 8. (Deleted by amendment.)”.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“making various changes concerning disciplinary”.
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. 217.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 593.
Amend section 1, pages 1 and 2, by deleting lines 3 through 8 on page 1 and lines 1 through 7 on page 2 and inserting:
“1. A public school shall afford the parents and legal guardians of pupils who are enrolled in the school and other members of the general public an opportunity to:
(a) Review, at least annually, the supplemental textbooks proposed for instructional use in the public school; and
(b) Submit written comments regarding the supplemental textbooks proposed for instructional use.
2. A public school shall not use a supplemental textbook unless the school has afforded the parents and legal guardians of pupils who are enrolled in the school an opportunity to review the supplemental textbook and submit written comments regarding the supplemental textbook.”.
Amend section 1, page 2, line 8, after “3.” by inserting:
“The board of trustees of each school district shall ensure that the public schools within the school district afford parents and legal guardians of pupils who are enrolled in the public schools and other members of the general public an opportunity to review the supplemental textbooks proposed for instructional use in accordance with subsection 1.
4.”.
Amend sec. 2, page 2, by deleting lines 14 and 15 and inserting:
“instruction containing a presentation of the principles of a subject and used”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend sec. 4, page 3, by deleting lines 25 and 26 and inserting:
“school district submits proof that the public schools within the school district comply with the requirements of section 1 of this act.”.
Amend the title of the bill, second line, by deleting “textbooks and”.
Amend the summary of the bill, first line, after “review of” by inserting “supplemental”.
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. 334.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 494.
Amend the bill as a whole by deleting sections 1 through 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The system or a private carrier may provide industrial insurance, as a part of a homeowner’s policy of insurance, to a person who employs a domestic worker for the term of that worker’s employment. Upon providing such coverage, the manager or private carrier may, with the approval of the commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided.
2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1:
(a) Shall be deemed to be an employee while performing work for his employer at a wage:
(1) Equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 if he is employed more than 20 hours per week; or
(2) Of $150 per month if he is employed not more than 20 hours per week; and
(b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.
3. The provisions of this section do not authorize the system to transact property or casualty insurance in this state.
4. As used in this section:
(a) “Domestic worker” is a person who is engaged exclusively in household or domestic service performed inside or outside of a person’s residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener.
(b) “Homeowner’s policy of insurance” means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property.”.
Amend the title of the bill by deleting the second line and inserting:
“domestic workers; and providing other matters”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for industrial insurance coverage for domestic workers. (BDR 53‑86)”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Williams moved that Assembly Bill No. 348 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Williams.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 376.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 594.
Amend section 1, page 2, by deleting line 1 and inserting:
“4. The board of”.
Amend section 1, page 2, line 3, after “officers.” by inserting;
“If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the board of trustees. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer.”.
Amend section 1, page 2, line 7, by deleting “shall” and inserting “may”.
Amend section 1, page 2, by deleting lines 10 and 11 and inserting:
“therein that is owned by the school district. If a contract is entered into pursuant to this section, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this section, the board of trustees shall, if applicable, cooperate with appropriate local law”.
Amend sec. 2, page 2, line 18, by deleting “shall” and inserting “may”.
Amend sec. 2, page 2, line 22, by deleting “The” and inserting:
“If the department enters into a contract pursuant to this section, the”.
Amend sec. 3, page 2, line 37, by deleting “the” and inserting “a”.
Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 4.
Amend the title of the bill by deleting the second through fifth lines and inserting:
“districts to employ a chief of school police; authorizing the boards of trustees of certain school districts to contract with metropolitan police departments for police services; providing for the creation of a school police unit within a metropolitan police department that has entered into a contract with the board of trustees; and providing other matters properly relating thereto.”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 304 be placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 478 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 451.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 377.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
“1. The division shall enter into cooperative agreements with state and local agencies to provide inspections of regulated facilities where explosives are manufactured, or where an explosive is used, processed, handled, transported or stored in relation to its manufacture. The inspections must be conducted jointly by:”.
Amend section 1, page 2, line 7, by deleting “As” and inserting:
“Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
5. Except as otherwise provided in subsection 6, as”.
Amend section 1, page 2, between lines 15 and 16, by inserting:
“6. 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 establishmentowned by or operated on behalf of the United States.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the title of the bill to read as follows:
“AN ACT relating to explosives; requiring inspections of certain regulated facilities where certain explosives are manufactured, used, processed, handled, transported or stored to be conducted jointly by various state and local agencies that are responsible for minimizing the risks posed by those facilities; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires inspections of certain regulated facilities where certain explosives are manufactured, used, processed, handled, transported or stored to be conducted jointly by various state and local agencies. (BDR 40‑777)”.
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. 527.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 514.
Amend section 1, page 2, line 5, after “Vegas,” by inserting:
“and the University of Nevada, Reno,”.
Amend sec. 2, page
2, line 17, by deleting “$12,000,000” and inserting “[$12,000,000] $25,000,000”.
Amend the title of the bill, third line, after “Vegas,” by inserting:
“and the University of Nevada, Reno,”.
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. 535.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 297.
Amend sec. 2, page 1, line 12, after “oil.” by inserting:
“The term does not include any ammunition, powder, percussion caps, fuses, quills, matches, primers or explosive materials specified in 18 U.S.C. § 845(a)(4)-(6).”.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 459.380 is hereby amended to read as follows:
459.380 The legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:
1. Protect the health, safety and general welfare of the residents of this state from the effects of the improper handling of hazardous chemicals or explosives at the point where [they] :
(a) The chemicals are produced, used or stored in this state; or
(b) The explosives are manufactured for sale in this state;
2. Ensure that the employees of this state who are required to work with hazardous chemicals or explosives are guaranteed a safe and healthful working environment;
3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and
4. Ensure the safe and adequate handling of [hazardous] :
(a) Hazardous chemicals that are produced, used, stored or handled in this state[.]; and
(b) Explosives that are manufactured for sale in this state.”.
Amend the bill as a whole by renumbering sec. 5 as sec. 7 and inserting a new section designated sec. 6, following sec. 4, to read as follows:
“Sec. 6. NRS 459.3808 is hereby amended to read as follows:
459.3808 “Hazard” means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance;
4. Regulated facility that manufactures explosives for sale; or
[4.] 5. Process relating to a highly hazardous substance,
which makes possible a chemical accident[.] or explosion.”.
Amend sec. 5, page 2, line 23, by deleting:
“produced and stored.” and inserting:
“manufactured for sale.”.
Amend the bill as a whole by renumbering sections 6 and 7 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 5, to read as follows:
“Sec. 8. NRS 459.3812 is hereby amended to read as follows:
459.3812 “Risk” means a risk posed by [a] :
1. A highly hazardous substance that is produced, used, stored or handled at a regulated facility[.]; or
2. An explosive that is manufactured for sale at a regulated facility.”.
Amend sec. 6, page 2, by deleting line 41 and inserting:
“(b) Manufactures explosives for sale.”.
Amend sec. 6, page 3, line 7, by deleting “8” and inserting “[8] 3”.
Amend sec. 7, page 3, by deleting line 40 and inserting:
“precaution against chemical accidents, which is hereby”.
Amend the bill as a whole by renumbering sections 8 through 10 as sections 12 through 14 and
adding a new section designated sec. 11, following sec. 7, to read as follows:
“Sec. 11. NRS 459.3826 is hereby amended to read as follows:
459.3826 1. Each owner or operator of a new regulated facility shall, within 10 days after the opening of the facility, tender the base fee and any additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to NRS 459.3824 for the first fiscal year with the form for registration of the facility.
2. Each owner or operator of a regulated facility registering a new highly hazardous substance or explosive at the facility shall tender the fee computed from the inventory of the highly hazardous substance or explosive when he registers the substance[.]or explosive.”.
Amend sec. 8, page 4, by deleting line 7 and inserting:
“(b) Manufactures any explosive for sale.”.
Amend sec. 8, page 4, line 16, by deleting:
“produced and stored” and inserting:
“manufactured for sale”.
Amend sec. 8, page 4, line 17, by deleting:
“produces and stores explosives;” and inserting:
“manufactures explosives for sale;”.
Amend sec. 8, page 4, lines 35 and 36, by deleting:
“within 90 days:
(a) After” and inserting:
“:
(a) Not later than 90 days after”.
Amend sec. 8, page 4, line 39, by deleting “(b) Before” and inserting:
“(b) Not later than 90 days after an explosive is added to the list of explosives that are manufactured for sale at the facility, if the facility manufactures explosives for sale;
(c) At least 90 days before”.
Amend sec. 8, page 4, line 42, by deleting “(c) Before” and inserting:
“(d) At least 90 days before”.
Amend sec. 8, page 4, by deleting line 43 and inserting:
“facility manufactures explosives for sale.”.
Amend the bill as a whole by renumbering sections 11 through 14 as sections 18 through 21 and adding new sections designated sections 15 through 17, following sec. 10, to read as follows:
“Sec. 15. NRS 459.3848 is hereby amended to read as follows:
459.3848 The findings of the person who conducted the assessment must include, without limitation:
1. The identity and quality of all highly hazardous substances produced, used, stored, handled, or that could unwittingly be produced in the event of a breakdown of equipment, human error, defect in design or procedural failure,or the imposition of an external force;
2. The identity and quantity of all explosives that are manufactured for sale at the regulated facility;
3. The nature, age and condition of all of the equipment and instruments [involved in the handling and management of] used to handle and manage a highly hazardous substance or explosive at the regulated facility, and the schedules for [their] the testing and maintenance[;
3.] of the equipment and instruments;
4. The measures and precautions designed to protect against the intrusions of internal or external forces and events[,] or to control or contain discharges within the regulated facility;
[4.] 5. Any training or managerial practices in place which impart knowledge to appropriate personnel regarding the dangers posed by a release of a highly hazardous substance or a discharge of an explosive and the training provided to prepare [them] those personnel for the safe operation of the facility and for unanticipated occurrences;
[5.] 6. Any other preventive maintenance, capability to respond at the regulated facility to an emergency[,] or other internal mechanism developed to safeguard against the occurrence of an accidental release of a highly hazardous substance or accidental discharge of an explosive or any other aspect or component of the facility deemed relevant by the division;
[6.] 7. The practices, procedures and equipment designed to forestall a hazard at the [covered] regulated facility; and
[7.] 8. Any other information which is relevant to carry out the purposes of the report.
Sec. 16. NRS 459.385 is hereby amended to read as follows:
459.385 The conclusions of the person who conducted the assessment must include, without limitation:
1. The nature and magnitude of any hazard at the regulated facility;
2. The likelihood of a chemical accident resulting from the hazard at the regulated facility;
3. The circumstances that would result in a discharge of a highly hazardous substance or explosive at the regulated facility;
4. The effectiveness of the systems and procedures for safety at the regulated facility and for the control of any hazards; and
5. Any other information which is relevant for the purposes of the report.
Sec. 17. NRS 459.3852 is hereby amended to read as follows:
459.3852 The recommendations of the person who conducted the assessment must include, without limitation, the following information if applicable to the facility:
1. Alternative processes, procedures or equipment which [might] may reduce the risk of a release of a highly hazardous substance or a discharge of an explosive at the regulated facility while yielding the same or commensurate results;
2. The [need] requirement for :
(a) A change in a process;
[3. The need for a]
(b) A chemical substitution or change;
[4. The need for]
(c) Any additional safety equipment;
[5. The need for a mitigation system;
6. The need for]
(d) A mitigation system;
(e) Any additional preventive maintenance or responses at the regulated facility to emergencies, to safeguard against a hazard;
[7. The need for] and
(f) Any additional planning near the regulated facility to meet emergencies;
[8.] 3. A detailed plan to abate hazards suitable for adoption as an accident reduction plan to reduce accidents; and
[9.] 4. Any other information which is relevant for the purposes of the report.”.
Amend sec. 12, page 7, line 6, by deleting “annual fee:” and inserting:
“[annual fee:] the fee required pursuant to NRS 459.3824:”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; providing for the registration and regulation of facilities that manufacture explosives for sale by the division of environmental protection of the state department of conservation and natural resources; requiring an assessment of risks through analysis of hazards to be conducted at a regulated facility where highly hazardous substances are located or explosives are manufactured for sale if such a substance or explosive is newly introduced into the facility; abolishing the requirement that the division establish a schedule for those assessments; providing penalties; 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. 536.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 376.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. “Process” means:
1. Any activity that involves a substance listed in NRS 459.3816 or in a regulation of the division adopted pursuant to NRS 459.3833, and includes, without limitation, the use, storage, manufacture, handling or on-site movement of the substance, or any combination thereof.
2. A group of vessels that are used in connection with such an activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner which makes possible the release of a substance.
Sec. 3. “Vessel” means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other container.
Sec. 4. 1. No owner or operator of a regulated facility may commence construction or operation of any new process subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and sections 2, 3 and 4 of this act, unless he first obtains all appropriate permits from the division to construct the new process or commence operation of the new process, or both. Before issuing any such permits, the division shall consult with the division of industrial relations of the department of business and industry.
2. An application for such a permit must be submitted on a form prescribed by the division.
3. The division may require the applicant to comply with requirements that it establishes by regulation before issuing any permits for construction and operation of the process.
4. The division may charge and collect a fee for the issuance of such a permit. All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents created pursuant to NRS 459.3824.”.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 5 through 12.
Amend sec. 2, page 2, lines 6 and 7, by deleting “section 1” and inserting:
“sections 2, 3 and 4”.
Amend sec. 2, page 2, line 8, after “inclusive,” by inserting:
“and sections 2 and 3 of this act”.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 2, to read as follows:
“Sec. 5.5. NRS 459.3824 is hereby amended to read as follows:
459.3824 1. The owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.
2. The state environmental commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive[.] , and sections 2, 3 and 4 of this act. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the quantity of hazardous substances located at each facility.
3. After the payment of the initial annual fee, the division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
4. The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the department of taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.
5. All fees collected pursuant to this section and penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874, and any interest earned thereon , must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.”.
Amend sec. 3, page 2, line 12, by deleting “1” and inserting “4”.
Amend sec. 3, page 2, line 19, by deleting “1” and inserting “4”.
Amend sec. 4, page 3, between lines 32 and 33, by inserting:
“The civil administrative penalty prescribed in category L may be assessed against a contractor who is constructing the regulated facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the regulated facility and the contractor knows or has reason to know the planned use of the regulated facility.”.
Amend sec. 4, page 4, line 4, by deleting “1” and inserting “4”.
Amend sec. 5, page 4, line 14, by deleting:
“6 and 7” and inserting:
“9 and 10”.
Amend sec. 6, page 4, by deleting lines 15 through 20 and inserting:
“Sec. 9. 1. No owner or operator of a place of employment may commence the construction of, substantially alter the construction of, or modify any major process used to protect the lives, safety and health of employees at a place of employment where an explosive is manufactured, or used, processed, handled, transported or stored in relation to its manufacture, unless he first obtains a permit therefor from the division. Before issuing any permit, the division shall consult with the division of environmental protection of the state department of conservation and natural resources.”.
Amend sec. 6, page 4, by deleting lines 30 through 33 and inserting:
“6. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.”.
Amend sec. 6, page 4, line 34, by deleting “As” and inserting:
“Except as otherwise provided in subsection 8, as”.
Amend sec. 6, page 4, after line 42, by inserting:
“8. 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 sec. 7, page 5, line 1, by deleting “6” and inserting “9”.
Amend the title of the bill to read as follows:
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. 552.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 654.
Amend sec. 3, page 2, line 25, by deleting “subsection 2,” and inserting:
“subsections 2 and 3,”.
Amend sec. 3, page 2, line 28, by deleting “6” and inserting “4”.
Amend sec. 3, page 2, line 29, by deleting “20” and inserting “18”.
Amend sec. 3, page 2, by deleting lines 37 through 39 and inserting:
“section 2 of this act may transport as a passenger a member of his immediate family, regardless of the age of the family member.
3. A person to whom a provisional license is issued pursuant to section 2 of this act may, during the first 12 months after the provisional license is”.
Amend sec. 3, pages 2 and 3, by deleting line 43 on page 2 and line 1 on page 3, and inserting:
“condition of the licensee, if the licensee has in his immediate possession a signed”.
Amend sec. 3, page 3, by deleting lines 7 through 10 and inserting:
“activity authorized by his school, if the licensee has in his immediate possession a signed statement from his parent or legal guardian stating the reason for the necessity and an attached statement from the school that includes”.
Amend sec. 3, page 3, by deleting lines 13 and 14 and inserting:
“(c) It is necessary for the licensee to drive to attend work, if the licensee has in”.
Amend sec. 3, page 3, by deleting lines 19 and 20 and inserting:
“his immediate family, if the licensee has in his immediate possession a signed”.
Amend sec. 3, page 3, line 24, by deleting “3.” and inserting “4.”.
Amend sec. 4, page 4, by deleting lines 14 and 15 and inserting:
“(b) Is not grounds for suspension or revocation of the provisional license pursuant to NRS 483.360.”.
Amend sec. 5, page 4, by deleting line 23 and inserting:
“of this act or otherwise indicate that the license is provisional;”.
Amend sec. 5, page 4, by deleting line 26 and inserting:
“of 16 and 18 years; and
(c) May adopt regulations necessary to carry out the laws governing the issuance of provisional licenses.”.
Amend sec. 9, page 6, line 40, by deleting “school,” and inserting:
“school [,] or a school activity,”.
Amend sec. 9, page 7, line 2, by deleting “school,” and inserting:
“school [,] or a school activity,”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning, Bache, and Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 555.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 625.
Amend sec. 2, page 2, by deleting lines 1 and 2 and inserting:
“less than the value of the money or property transferred and a deduction as a charitable contribution is allowable for purposes”.
Amend sec. 2, page 2, between lines 18 and 19, by inserting:
“The term does not include an annuity for which any person is paid compensation that is contingent upon the issuance of the annuity or based upon the value of the annuity other than a payment for reinsurance to an insurer licensed to issue insurance in this state.”.
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. 562.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 618.
Amend section 1, page 1, by deleting lines 3 through 9 and inserting:
“1. The personal property of an employer who provides free child care for the children of his employees at an on-site child care facility, not to exceed the amount of $3,500,000 of assessed valuation, is exempt from taxation.
2. An employer must file his”.
Amend section 1, page 2, by deleting lines 2 and 3 and inserting:
“making a claim pursuant to this section.
4. As used in this section, “on-site child care facility” has the meaning ascribed to it in NRS 432A.0275.”.
Amend the title of the bill to read as follows:
“AN ACT relating to property tax; providing an exemption from personal property tax for an employer who provides free on-site child care for his employees; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides exemption from personal property tax for employer who provides free on-site child care for employees. (BDR 32‑1349)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Assemblyman Goldwater moved that upon return from the printer Assembly Bill No. 562 be placed on the Chief Clerk’s desk.
Motion carried.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk,
Assembly Bill No. 567.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 617.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The personal property of an employer who provides a free pass for public transit to an employee for the entire fiscal year preceding the fiscal year for which the exemption is claimed, not to exceed the amount of $3,500 of assessed valuation, is exempt from taxation.
2. An employer must file his claim for the exemption on or before June 15 preceding the fiscal year for which the exemption is claimed with the county assessor of the county in which the personal property of the business is located.
3. The department shall prescribe by regulation the form to be used to make a claim pursuant to this section.
4. As used in this section:
(a) “Pass for public transit” means a card or other object that, when held by a person, entitles the person to use one or more of the methods of conveyance employed by a public transit system without paying an additional fare.
(b) “Public transit system” has the meaning ascribed to it in NRS 377A.016.”.
Amend the title of the bill to read as follows:
“AN ACT relating to property tax; providing a partial exemption from personal property tax for an employer who provides a free pass for public transit to an employee; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides partial exemption from personal property tax for employer who provides free pass for public transit to employee. (BDR 32-1340)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Assemblyman Goldwater moved that upon return from the printer Assembly Bill No. 567 be placed on the Chief Clerk’s desk.
Motion carried.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.
Assembly Bill No. 576.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 592.
Amend section 1, page 1, line 9, after “2.” by inserting:
“If the board of trustees of a school district employs a person who is not licensed as an administrator to serve as the superintendent of schools, the board of trustees shall employ a person who is licensed as an administrator to oversee the academic programs of the public schools within the school district.
3.”.
Amend section 1, page 1, line 12, by deleting “3.” and inserting “[3.] 4.”.
Amend section 1, page 1, line 13, by deleting “4.” and inserting “[4.] 5.”.
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. 581.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 616.
Amend sec. 3, page 2, by deleting line 19 and inserting:
“Sec. 56.3. The legislature may exempt from the taxes imposed by”.
Amend sec. 3, page 2, by deleting lines 22 through 41 and inserting:
“eligible pupil for a period of not more than 14 consecutive days at the beginning of each school year. If the legislature authorizes the exemption, it shall establish:
1. Standards for determining whether a pupil is eligible for the exemption and which school supplies are exempt;
2. The dates during which the exemption applies; and
3. Procedures for administering the provisions of this section.”.
Amend sec. 4, page 3, line 5, after “to” by inserting:
“authorize the legislature to”.
Amend sec. 5, page 3, line 16, after “would” by inserting:
“authorize the legislature to”.
Amend the bill as a whole by renumbering sections 9 and 10 as sections 10 and 11 and adding a new section designated sec. 9, following sec. 8, to read as follows:
“Sec. 9. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There are exempted from the taxes imposed by this chapter the gross receipts from the sale and the storage, use or other consumption of school supplies by or on behalf of an eligible pupil during the last 7 days of August each year. To obtain the exemption, a pupil or his parent or legal guardian shall, in the manner prescribed by the Nevada tax commission, present to the retailer from whom he is purchasing a school supply, documentation of the eligibility of the pupil for the exemption. Upon the presentation of such documentation, the retailer shall provide the exemption to the pupil or his parent or legal guardian.
2. The department of taxation shall:
(a) In cooperation with the department of education, establish the type of documentation that may be presented to and must be accepted by a retailer pursuant to subsection 1; and
(b) Provide to each retailer:
(1) On or before May 24 of each year, a notice indicating that an eligible pupil or his parent or legal guardian may obtain the exemption provided in subsection 1 during the last 7 days of August;
(2) Information concerning the documentation that may be presented to and must be accepted by a retailer pursuant to subsection 1; and
(3) A copy of the regulations adopted by the Nevada tax commission pursuant to subsection 4.
3. The department of education shall provide to each school district:
(a) A notice of the exemption provided pursuant to subsection 1; and
(b) Samples of the documentation that the department of taxation determines may be presented to and must be accepted by a retailer pursuant to subsection 1. The school district shall copy and distribute the documentation to each pupil of the school district.
4. The Nevada tax commission shall adopt regulations to carry out the provisions of this section.
5. As used in this section:
(a) “Eligible pupil” means a person who is enrolled for the current academic year in a public or private school as evidenced by a photographic identification card or other enrollment documentation deemed acceptable for this purpose by the department of taxation as evidence of his enrollment.
(b) “Private school” has the meaning ascribed to it in NRS 394.103.
(c) “Public school” has the meaning ascribed to it in NRS 385.007.
(d) “School supplies” means paper, pencils, pens, markers, crayons, notebooks, binders, poster board, scissors, rulers, lunchboxes, backpacks, dictionaries, thesauruses, tape, tape dispensers, staples, staplers and calculators. Except as otherwise provided in this paragraph, the term includes, without limitation, any other similar supplies determined by the Nevada tax commission to be for use by pupils to assist in the performance of their course work. The term does not include clothing, shoes, computers, computer software or any single item sold at retail for more than $100.”.
Amend sec. 9, page 3, line 41, by deleting “student” and inserting “pupil”.
Amend sec. 9, page 3, line 42, after “year.” by inserting:
“To obtain the exemption, a pupil or his parent or legal guardian shall, in the manner prescribed by the Nevada tax commission, present to the retailer from whom he is purchasing a school supply, documentation of the eligibility of the pupil for the exemption. Upon the presentation of such documentation, the retailer shall provide the exemption to the pupil or his parent or legal guardian.”.
Amend sec. 9, page 4, line 1, after “2.” by inserting:
“The department of taxation shall:
(a) In cooperation with the department of education, establish the type of documentation that may be presented to and must be accepted by a retailer pursuant to subsection 1; and
(b) Provide to each retailer:
(1) On or before May 24 of each year, a notice indicating that an eligible pupil or his parent or legal guardian may obtain the exemption provided in subsection 1 during the last 7 days of August;
(2) Information concerning the documentation that may be presented to and must be accepted by a retailer pursuant to subsection 1; and
(3) A copy of the regulations adopted by the Nevada tax commission pursuant to subsection 4.
3. The department of education shall provide to each school district:
(a) A notice of the exemption provided pursuant to subsection 1; and
(b) Samples of the documentation that the department of taxation determines may be presented to and must be accepted by a retailer pursuant to subsection 1. The school district shall copy and distribute the documentation to each pupil of the school district.
4.”.
Amend sec. 9, page 4, line 3, by deleting “3.” and inserting “5.”.
Amend sec. 9, page 4, lines 5 and 6 by deleting:
“school, community college or university” and inserting “school”.
Amend sec. 9, page 4, line 8, by deleting:
“Nevada tax commission” and inserting:
“department of taxation”.
Amend sec. 9, page 4, line 9, after “(b)” by inserting:
““Private school” has the meaning ascribed to it in NRS 394.103.
(c) “Public school” has the meaning ascribed to it in NRS 385.007.
(d)”.
Amend sec. 9, page 4, line 12, by deleting “subsection,” and inserting “paragraph,”.
Amend sec. 9, page 4, line 14, by deleting “and students”.
Amend sec. 9, page 4, by deleting line 18 and inserting:
“Sec. 11. Sections 9 and 10 of this act become effective on January 1, 2001,”.
Amend the title of the bill, third line, by deleting “provide a” and inserting:
“authorize the legislature to provide not more than 2 weeks without sales tax on school supplies; contingently providing 1”.
Amend the summary of the bill to read as follows:
“SUMMARY—Proposes to authorize legislature to provide not more than 2 weeks without sales tax on school supplies. (BDR 32-1501)”.
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. 584.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 266.
Amend sec. 4, page 1, by deleting line 8 and inserting:
“Sec. 4. Except as otherwise provided in NRS 366.395:
1. If a person fails to file a return or the department is not”.
Amend sec. 10, page 3, line 26, by deleting “45” and inserting “30”.
Amend sec. 55, page 17, line 5, by deleting “or”.
Amend sec. 55, page 17, line 8, by deleting the italicized period and inserting:
“; or
3. Produces, manufactures or refines motor vehicle fuel, except aviation fuel, in this state.”.
Amend sec. 59, page 18, line 2, by deleting “25th” and inserting “last”.
Amend sec. 61, page 18, line 26, by deleting “25th” and inserting “last”.
Amend sec. 61, page 18, line 27, before “month,” by inserting “calendar”.
Amend sec. 62, page 19, line 14, by deleting “20” and inserting “25”.
Amend sec. 71, page 22, line 18, by deleting “25th” and inserting:
“[25th]last”.
Amend sec. 73, page 23, line 18, by deleting “gasoline.” and inserting:
“[gasoline.]motor vehicle fuel.”.
Amend sec. 73, page 23, line 21, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 77, page 25, line 19, after “3.” by inserting:
“Any person who resells any motor vehicle fuel exempt from taxation pursuant to NRS 365.220 to 365.260, inclusive, for use that is not exempt pursuant to those provisions shall collect the excise tax required to be paid on the motor vehicle fuel and remit it to the department.
4.”.
Amend sec. 83, page 27, line 22, by deleting “2000,” and inserting “2002,”.
Amend sec. 84, page 27, line 26, by deleting “1.” and inserting “[1.]”.
Amend sec. 84, page 27, by deleting lines 29 through 33 and inserting:
2. The fee for each license issued shall be $5, which shall be paid to the department. All such fees shall be delivered by the department to the state treasurer and shall be credited by him to the state highway fund.] or supplier.”.
Amend sec. 85, page 28, lines 1 and 2, by deleting:
“or supplier may” and inserting:
“[may] or supplier must”.
Amend sec. 85, page 28, line 4, by deleting the period and inserting:
“[.] , or $1,000, whichever is greater.”.
Amend sec. 88, page 29, line 13, by deleting “25th” and inserting “[25th] last”.
Amend sec. 88, page 29, by deleting lines 26 through 34 and inserting “collection.”.
Amend sec. 89, page 29, line 37, by deleting “25th” and inserting “[25th] last”.
Amend sec. 90, page 30, line 30, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 90, page 30, line 31, by deleting “gasoline” and inserting:
“motor vehicle fuel”.
Amend sec. 95, page 31, line 40, after “dealer” by inserting “and supplier”.
Amend sec. 95, page 32, line 7, after “dealer” by inserting “or supplier”.
Amend sec. 95, page 32, line 13, by deleting the italicized comma and inserting “or supplier,”.
Amend sec. 95, page 32, line 18, after “dealer’s” by inserting “or supplier’s”.
Amend sec. 95, page 32, line 19, after “dealer” by inserting “or supplier”.
Amend sec. 95, page 32, line 24, after “dealer” by inserting “or supplier”.
Amend the bill as a whole by adding new sections designated sections 100.5 and 100.7, following sec. 100, to read as follows:
“Sec. 100.5. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any [person] special fuel user who fails to pay any excise tax[, except taxes assessed pursuant to the provisions of NRS 366.405,] within the time prescribed by this chapter shall pay, in addition to the tax, a penalty of[:
(a) If the amount of the tax owed is $50 or more, 10 percent of the amount owed or $50, whichever is greater; or
(b) If the amount of the tax owed is less than $50,] $50 or 10 percent of the amount owed, whichever is greater, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.
2. A tax return or statement is considered delinquent when it has not been received by the department by the date the tax return or statement is due, as prescribed by the provisions of this chapter.
Sec. 100.7. NRS 366.540 is hereby amended to read as follows:
366.540 1. The tax provided for by this chapter must be paid by special fuel suppliers, special fuel dealers and special fuel users. A special fuel supplier or special fuel dealer shall pay to the department the excise tax he collects from purchasers of special fuel with the monthly return filed pursuant to NRS 366.383 or 366.386, respectively. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the amount that the number of gallons of special fuel consumed by the special fuel user in the propulsion of motor vehicles on the highways of this state exceeds the number of gallons of special fuel purchases by him.
2. Except as otherwise provided in subsection 3, in computing the amount of tax on special fuel a special fuel supplier owes to the department, the special fuel supplier may deduct from the amount due pursuant to subsection 1 any amount which is due but has not been paid by a purchaser who is authorized by the department to defer payment of the tax pursuant to NRS 366.397. If such a deduction is claimed, the claim must identify the purchaser and the amount of taxes that he failed to pay.
3. A special fuel supplier shall not deduct from the amount he owes the department pursuant to subsection 1 any amount which has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of NRS 366.397 if, before the special fuel was purchased, the special fuel supplier had been notified by the department pursuant to subsection 5 of NRS 366.397 that it had revoked the purchaser’s permit.
4. Each special fuel supplier and special fuel dealer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.”.
Amend sec. 106, page 37, line 38, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 106, page 37, line 41, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 106, page 38, line 2, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 106, page 38, line 10, by deleting “25th” and inserting “[25th] last”.
Amend sec. 106, page 38, line 13, by deleting “gasoline” and inserting:
“[gasoline] motor vehicle fuel”.
Amend sec. 109, page 39, line 13, by deleting “25th” and inserting “[25th] last”.
Amend sec. 110, page 39, line 23, by deleting “366.395,”.
Amend sec. 111, page 39, line 29, by deleting:
“July 1, 1999.” and inserting:
“January 1, 2002.”.
Amend sec. 112, page 39, line 31, by deleting:
“July 1, 1999.” and inserting:
“January 1, 2002.”.
Amend sec. 113, page 39, by deleting lines 32 through 35 and inserting:
“Sec. 113. 1. This section and section 100.7 of this act become effective upon passage and approval.
2. The remaining sections of this act become effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes on January 1, 2002.”.
Amend sec. 114, page 39, line 36, by deleting “reprint” and inserting:
“and 2001 reprints”.
Amend the leadlines of repealed sections by deleting the leadline of NRS 366.395.
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. 603.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 375.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
“1. No person may commence operation in this state of a facility where an explosive, or a substance listed in NRS 459.3816, the regulations adopted pursuant thereto or the regulations adopted pursuant to NRS 459.3833, will be used, manufactured,”.
Amend section 1, page 1, line 7, after “is” by inserting “to be”.
Amend section 1, page 1, line 14, by deleting “10” and inserting “30”.
Amend section 1, page 2, by deleting line 22 and inserting:
“and a description of all explosives, and all substances described in subsection 1, that”.
Amend section 1, page 2, by deleting lines 25 through 27 and inserting:
“(a) Consult with:
(1) Local emergency planning committees;
(2) The administrator of the division of environmental protection of the state department of conservation and natural resources;
(3) The state fire marshal;
(4) The administrator of the division of industrial relations of the department of business and industry; and
(5) The governing body of any other city or county that may be affected by the operation of the facility; and”.
Amend section 1, page 2, line 30, by deleting “30 days” and inserting:
“a reasonable time”.
Amend section 1, page 3, by deleting lines 1 and 2 and inserting:
“7. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
8. Except as otherwise provided in subsection 9, as used in this section, “explosive” means gunpowders, powders used for blasting, all”.
Amend section 1, page 3, by deleting lines 11 and 12 and inserting:
“9. 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 by deleting the first through fourth lines and inserting:
“AN ACT relating to land use; requiring a person who wishes to commence operation of a facility where explosives or certain substances will be used, manufactured, processed, transferred or stored to obtain a conditional use permit from the governing body of the city or county in which the facility is to be located; providing exceptions; establishing the”.
Amend the summary of the bill, first line, by deleting “for” and inserting “to commence”.
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. 610.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 644.
Amend section 1, page 1, by deleting lines 16 and 17 and inserting:
“(1) Buildings for his own private residential use;[or]
(2) Farm or ranch buildings used as such [.] ; or
(3) Buildings owned by that person or his employer when an architect, a registered interior designer, a residential designer or a licensed professional engineer is also engaged by that person or his employer for work on the same building.”.
Amend section 1, page 2, line 3, by deleting:
“, during or after construction,”.
Amend section 1, page 2, by deleting lines 13 through 18 and inserting:
if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure.
(h) Any person who holds a certificate of registration issued by the state fire marshal to provide approved interior materials and furnishings used in interior design to the extent authorized by the certificate.”.
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. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state fire marshal shall, by regulation, provide for the registration of qualified interior designers who provide interior materials and furnishings regulated by a building code.
2. The regulations must set forth:
(a) The qualifications necessary for the issuance of a certificate of registration pursuant to this section, including, without limitation, the submission of evidence of the successful completion of a course of study approved by the state fire marshal regarding applicable building codes and other related information.
(b) The criteria for approving instructors and courses of study regarding applicable building codes and other related information.
(c) Any continuing education necessary for the renewal of a certificate of registration issued pursuant to this section.
3. A person licensed or registered by the state board of architecture pursuant to chapter 623 of NRS is not eligible for the issuance of a certificate of registration pursuant to this section.”.
Amend the title of the bill, first line, by deleting:
“in skeleton form”.
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. 621.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 432.
Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, a copy of the order must be sent to [each] :
1. The central repository for Nevada records of criminal history; and
2. Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.
Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. “Record of public safety” means a record, other than a record of criminal history, that is submitted to the central repository by an agency of criminal justice and maintained by the central repository pursuant to the provisions of this chapter.”.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Sec. 4. 1. In the time and manner prescribed by the director of the”.
Amend section 1, page 1, line 5, by deleting “shall” and inserting “may”.
Amend section 1, page 1, line 9, after “authority;” by inserting “and”.
Amend section 1, page 1, by deleting lines 11 through 13 and inserting “agency.”.
Amend section 1, page 2, by deleting lines 3 through 7.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 6 through 13 and adding a new section designated sec. 5, following section 1, to read as follows:
“Sec. 5. NRS 179A.010 is hereby amended to read as follows:
179A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.”.
Amend sec. 2, page 2, line 14, after “171.1773,” by inserting:
“citations issued for violations of NRS 484.379 and 484.3795,”.
Amend sec. 2, page 2, by deleting lines 17 and 18 and inserting:
“without limitation, dismissals, acquittals, convictions, sentences,”.
Amend sec. 2, page 2, line 19, by deleting “12” and inserting “17”.
Amend sec. 2, page 2, line 26, by deleting “state. [The” and inserting:
“state [. The”.
Amend sec. 2, page 2, line 28, after “regulations.]” by inserting:
“, including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the division of parole and probation of the department.”.
Amend sec. 2, page 3, line 4, by deleting “Records” and inserting:
“[Records] Except as otherwise provided in subsection 1, records”.
Amend sec. 3, page 3, by deleting line 26 and inserting:
“to sexual offenses , [and] other records of criminal history and records of public safety that it [collects,] creates or issues, and any”.
Amend sec. 3, page 3, line 42, by deleting “shall:” and inserting:
“shall [:] , in the manner prescribed by the director of the department:”.
Amend sec. 3, page 4, by deleting lines 1 through 7 and inserting:
“(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; [and]
(2) The genetic markers of the blood and the secretor status of”.
Amend sec. 3, page 4, by deleting lines 11 through 14 and inserting:
“(3) Records of public safety.
(b) When practicable, usea record of the[subject’s fingerprints] personal identifying information of a subject”.
Amend sec. 3, page 4, line 22, by deleting “Disseminate” and inserting:
“[Disseminate] Except as otherwise provided in paragraph (b), disseminate”.
Amend sec. 3, page 4, line 24, after “(b)” by inserting:
“Except as otherwise provided in subsection 4 of NRS 179A.100, disseminate only to law enforcement agencies in this state, records concerning:
(1) An applicant for the issuance or renewal of a permit to carry a concealed firearm submitted to the central repository pursuant to NRS 202.366 or 202.3687; and
(2) An applicant for the issuance or renewal of an occupational license or permit submitted to the central repository pursuant to section 4 of this act.
(c)”.
Amend sec. 3, page 4, line 25, by deleting “such information;” and inserting:
“[such information;] the information that the central repository may disseminate pursuant to paragraph (a);”.
Amend sec. 3, page 4, line 26, by deleting “(c)” and inserting “[(c)] (d)”.
Amend sec. 3, page 4, line 27, by deleting “person:” and inserting:
“person [:]whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:”.
Amend sec. 3, page 5, by deleting lines 5 and 6 and inserting “central repository.”.
Amend sec. 3, page 5, by deleting line 37 and inserting:
“(h) On or before [January 31] July 1 of each [odd-numbered] year, prepare and”.
Amend sec. 3, page 5, line 39, after “legislature,” by inserting:
“or the legislative commission when the legislature is not in regular session,”.
Amend sec. 3, page 6, line 18, after “to” by inserting “receive and”.
Amend sec. 3, page 6, between lines 20 and 21, by inserting:
“(d) Collect and maintain records submitted to the central repository pursuant to section 4 of this act.”.
Amend sec. 3, page 6, line 21, by deleting “section, “advisory” and inserting:
“[section, “advisory] section:
(a) “Advisory”.
Amend sec. 3, page 6, between lines 22 and 23, by inserting:
“(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.”.
Amend sec. 4, page 6, by deleting lines 33 and 34 and inserting:
“records of criminal history [.] and records of public safety.”.
Amend sec. 5, page 7, line 3, after “agencies” by inserting:
“of criminal justice”.
Amend sec. 5, page 7, line 5, after “agency” by inserting:
“of criminal justice”.
Amend sec. 5, page 7, line 17, after “offenses” by inserting:
“, other records of criminal history or records of public safety”.
Amend sec. 6, page 8, by deleting line 37 and inserting:
“criminal history or records of public safety”.
Amend sec. 6, page 8, line 38, by deleting “440.030”.
Amend sec. 6, page 9, by deleting line 3 and inserting:
“of public safety were provided;”.
Amend sec. 7, page 9, by deleting line 10 and inserting:
“criminal history or records of public safety”.
Amend sec. 7, page 9, line 11, by deleting “440.030”.
Amend sec. 8, page 9, by deleting line 25 and inserting:
“criminal history or records of public safety”.
Amend sec. 8, page 9, line 26, by deleting “440.030”.
Amend sec. 8, page 9, by deleting lines 31 and 32 and inserting:
“relating to sexual offenses , [or] a record of criminal history [.] or a record of public safety.”.
Amend sec. 8, page 9, by deleting line 36 and inserting:
“of public safety by those persons who”.
Amend sec. 8, page 10, by deleting line 8 and inserting:
“of public safety by the person who is the”.
Amend sec. 8, page 10, by deleting lines 11 and 12 and inserting:
“other record] , other records of criminal history or records of public safety found by the director to be inaccurate,”.
Amend sec. 8, page 10, by deleting lines 19 through 25 and inserting:
“criminal history or records of public safety must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.”.
Amend sec. 9, page 10, by deleting lines 30 and 31 and inserting:
“criminal history or records of public safety under false pretenses;”.
Amend sec. 9, page 10, by deleting line 33 and inserting:
“records of criminal history or records of public safety”.
Amend sec. 9, page 10, line 34, by deleting “NRS 440.030”.
Amend sec. 9, page 10, by deleting lines 36 and 37 and inserting:
“record relating to records of criminal history [;] or a record of public safety or any record relating to records of public safety,”.
Amend the bill as a whole by renumbering sections 10 through 13 as sections 15 through 18 and adding a new section designated sec. 14, following sec. 9, to read as follows:
“Sec. 14. NRS 62.350 is hereby amended to read as follows:
62.350 1. The fingerprints of a child must be taken if the child is in custody for an act that, if committed by an adult:
(a) Would be a felony, a gross misdemeanor or a sexual offense; or
(b) Would be a misdemeanor, and the act involved:
(1) The use or threatened use of force or violence against the victim; or
(2) The possession, use or threatened use of a firearm or a deadly weapon.
2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child [for the purpose of making]to make an immediate comparison with the latent fingerprints. If the comparison is:
(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.
(b) Positive, the fingerprint card and other copies of the fingerprints:
(1) Must be delivered to the court for disposition if the child is referred to court.
(2) May be immediately destroyed or may be retained for future use if the child is not referred to court.
3. Fingerprints that are taken from a child pursuant to the provisions of this section:
(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.
(b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. Any such fingerprints submitted to the central repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The central repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.
(c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.
4. A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures that limit inspection of the photographs to law enforcement officers who are conducting criminal investigations. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.
5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.”.
Amend sec. 12, page 12, by deleting lines 11 and 12 and inserting:
“Nevada records of criminal history:
1. A record of:
(a) The name and fingerprints of each offender serving a term of imprisonment in an”.
Amend sec. 12, page 12, line 14, by deleting “2.” and inserting “(b)”.
Amend sec. 12, page 12, by deleting line 17 and inserting:
“(c) The date of admission of the offender; and
2. A notice of the release of each offender.”.
Amend sec. 13, page 12, by deleting lines 27 through 29 and inserting:
“3. A coroner who makes a certificate of death concerning a person for whom the central repository for Nevada records of criminal history has a record shall collect and submit a record of the certificate of death and, if possible, a record of the fingerprints of the decedent to the central repository in the time and manner prescribed by the”.
Amend the bill as a whole by renumbering sections 14 and 15 as sections 20 and 21 and adding a new section designated sec. 19, following sec. 13, to read as follows:
“Sec. 19. NRS 481.245 is hereby amended to read as follows:
481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall [have] :
(a) Collect a record of the fingerprints of the decedent, if possible, and submit the record to the central repository for Nevada records of criminal history; and
(b) Have a dental examination of the body [made] conducted by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division and to the central repository for Nevada records of criminal history.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit to the investigation division and to the central repository for Nevada records of criminal history:
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center and the central repository for Nevada records of criminal history, if appropriate.
3. The sheriff, chief of police or other law enforcement agency shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain certain identifying information about the missing person that the National Crime Information Center recommends be provided from the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the identifying information from the providers of medical care and forward that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing person by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division, the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.
6. The investigation division and the central repository for Nevada records of criminal history shall:
(a) Maintain the records and other information forwarded to them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and
(b) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.”.
Amend sec. 14, page 12, line 31, by deleting “9” and inserting “13”.
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. 653.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 532.
Amend section 1, page 1, line 4, after “Attends training” by inserting:
“for initial certification as a category I peace officer”.
Amend section 1, page 2, between lines 13 and 14, by inserting:
“4. As used in this section, “category I peace officer” means a person within the first training category established by the peace officers’ standards and training committee or a similar category established by another law enforcement academy for peace officers who are empowered by law to perform a broad spectrum of law enforcement duties and whose primary functions specifically include:
(a) Routine patrol;
(b) Criminal investigations;
(c) Enforcement of traffic laws; and
(d) Investigation of motor vehicle accidents.”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Assemblyman Arberry moved that upon return from the printer Assembly Bill No. 653 be placed on the Chief Clerk’s desk.
Motion carried.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.
Assembly Bill No. 669.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 659.
Amend the bill as a whole by renumbering section 1 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has:
(a) Been denied a license by the commission;
(b) Been found unsuitable by the commission; or
(c) Had a license or finding of suitability revoked by the commission,
shall not enter or attempt to enter into any contract or agreement with a licensee, either directly or indirectly, through any business organization under such a person’s control, that involves the operations of a licensee without the prior approval of the commission. This provision does not prohibit any person from purchasing any goods or services for personal use from a licensee at retail prices that are available to the general public.
2. Every contract or agreement with a person that is subject to the provisions of subsection 1 shall be deemed to include a provision for its termination without liability on the part of the licensee. Failure to expressly include that condition in the contract or agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
3. Any person, contract or agreement subject to the provisions of subsection 1 is subject to being enjoined pursuant to and in accordance with the provisions of NRS 463.346.
Sec. 2. NRS 463.165 is hereby amended to read as follows:
463.165 1. Except for persons associated with licensed corporations, limited partnerships or limited-liability companies and required to be licensed pursuant to NRS 463.530, 463.569 or 463.5735, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensee’s operation of a gaming establishment may be required to apply for a license.
2. A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the commission requests that he do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being requested to do so by the commission, and the commission makes a finding of unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the commission,
the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or [registered holding company]affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the commission , and whose name has been placed on the list maintained pursuant to subsection 8, or with any business enterprise that the licensee knows or under the circumstances reasonably should know is under the control of that person after the date of receipt of notice of the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or [registered holding company] affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
6. A gaming licensee or an affiliate of the licensee shall not , without the prior approval of the commission, employ any person in a capacity for which he is required to be licensed, if he has been found unsuitable or denied a license, or whose license has been revoked by the commission, and whose name has been placed on the list maintained pursuant to subsection 8, after the date of receipt of notice of the action by the commission . [, without prior approval of the commission.]Every contract or agreement for employment with a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure to expressly include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
7. As used in this section, “affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a licensee.
8. The board shall maintain and make available to every licensee a complete and current list containing the names of every person the commission has denied a license, who has been found unsuitable or who has had a license or finding of suitability revoked. The list must also contain the names of any business organization under the control of any such person known to the board.
Sec. 3. NRS 463.167 is hereby amended to read as follows:
463.167 1. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require the arrangement to be terminated.
2. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the commission may, upon recommendation of the board, require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:
(a) Does business on the premises of the licensed gaming establishment;
(b) Is an independent agent or does business with a licensed gaming establishment as a ticket purveyor, a tour operator, the operator of a bus program, or as the operator of any other type of casino travel program or promotion; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.
3. If the commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection 2, is subject to termination upon a finding of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
4. The name of any person determined to be unsuitable pursuant to this section must be included on the list required pursuant to subsection 8 of NRS 463.165.
Sec. 4. NRS 463.387 is hereby amended to read as follows:
463.387 1. State gaming license fees or taxes paid in excess of the amount required to be reported and paid may be refunded, upon the approval of the commission, as other claims against the state are paid.
2. Within 90 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
3. Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.
4. Within 20 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may file a motion for rehearing with the commission. The commission must take action on the motion for rehearing within 50 days after it has been filed with the commission. If the motion for rehearing is granted, the commission’s earlier action upon the claim for refund is rescinded and the 90-day period specified in subsection 2 does not begin until the commission mails notice of its action upon the claim following the rehearing.
5. If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed[,] or reheard, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
[5.] 6. In any case where a refund is granted, interest must be allowed at the rate prescribed in NRS 17.130 upon the amount found to have been erroneously paid from the first day of the first month following the date of overpayment until paid. The commission may in its discretion deny or limit the payment of interest if it finds that the claimant has failed to file a claim for a refund within 90 days after receiving written notification of overpayment from the board or has impeded the board’s ability to process the claim in a timely manner.
[6.] 7. Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment and not thereafter.
[7.] 8. The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.”.
Amend section 1, page 1, line 11, by deleting “[collected and]” and inserting:
“, including those imposed in connection with use of credit cards or debit cards, that are collected and”.
Amend the bill as a whole by renumbering sec. 2 as sec. 7 and adding a new section designated sec. 6, following section 1, to read as follows:
“Sec. 6. NRS 463.645 is hereby amended to read as follows:
463.645 1. If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license, or a holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability, or if his license or finding of suitability is revoked, and his name has been placed on the list maintained pursuant to subsection 8 of NRS 463.165, the corporation, partnership, limited partnership, limited-liability company, business organization, holding company, intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the corporation, partnership, limited partnership, limited-liability company, business organization, holding company or intermediary company shall not, after receipt of written notice from the commission:
[1.] (a) Pay him any remuneration for any service relating to the activities of a licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
[2.] (b) Enter into any contract or agreement with him or with a business organization that the licensee knows or under the circumstances reasonably should know is under his control which involves the operations of a licensee, without the prior approval of the commission.
[3.] (c) Employ him in any position involving the activities of a licensee without prior approval of the commission.
2. The name of any person who has been denied a license, been found unsuitable or had a license or finding of suitability revoked pursuant to subsection 1 must be included on the list required pursuant to subsection 8 of NRS 463.165.”.
Amend the title of the bill, second line, after “changes;” by inserting:
“prohibiting certain persons from entering into contracts or agreements with a licensee; authorizing a rehearing on a claim for a refund of gaming license fees or taxes;”.
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. 677.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 535.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of NRS 706.011 to 706.791, inclusive, and this section to the contrary, if the registered owner of a vehicle which is impounded pursuant to NRS 706.476 is a short-term lessor licensed pursuant to NRS 482.363 who is engaged in the business of renting or leasing vehicles in accordance with NRS 482.295 to 482.3159, inclusive, the registered owner is not liable for any administrative fine or other penalty that may be imposed by the authority for the operation of a passenger vehicle in violation of NRS 706.011 to 706.791, inclusive, if:
(a) At the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee; and
(b) The registered owner did not know or have reason to know that the vehicle would be used in violation of NRS 706.011 to 706.791, inclusive.
2. A short-term lessor may establish that a vehicle was subject to the care, custody or control of a lessee at the time that the vehicle was impounded pursuant to NRS 706.476 by submitting to the authority a true copy of the lease or rental agreement pursuant to which the vehicle was leased or rented to the lessee by the short-term lessor. The submission of a true copy of a lease or rental agreement is prima facie evidence that the vehicle was in the care, custody or control of the lessee.
3. Upon the receipt of:
(a) A true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the authority pursuant to NRS 706.476 was under the care, custody or control of a lessee and not the registered owner of the vehicle; and
(b) An affidavit made by the short-term lessor which states that the registered owner did not know or have reason to know that the vehicle would be operated in violation of NRS 706.011 to 706.791, inclusive,
the authority shall release the vehicle to the short-term lessor.
4. As used in this section, “short-term lessor” has the meaning ascribed to it in NRS 482.053.
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.013 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 706.476 is hereby amended to read as follows:
706.476 Except as otherwise provided in section 1 of this act:
1. A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service must be impounded by the authority if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the authority shall notify the registered owner of the vehicle:
(a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of his right to be represented by counsel during all phases of the proceedings.
2. The authority shall hold the vehicle until the registered owner of the vehicle appears and:
(a) Proves that he is the registered owner of the vehicle;
(b) Proves that he holds a valid certificate of public convenience and necessity;
(c) Proves that the vehicle meets all required standards of the authority; and
(d) Posts a bond in the amount of $20,000 with the [administrator.] authority.
The authority shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.
3. If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.
Sec. 4. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act, or by the authority or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive[;], and section 1 of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive[;], and section 1 of this act;
(d) Fails to obey any order, decision or regulation of the authority or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the authority or the department;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive[;] , and section 1 of this act;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the authority or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. Any person who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
4. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
5. Any bail allowed must not be less than the appropriate fine provided for by this section.”.
Amend the title of the bill to read as follows:
“AN ACT relating to vehicles; providing immunity under certain circumstances for short-term lessors of vehicles from administrative fines and other penalties that may be imposed by the transportation services authority for vehicles leased by short-term lessors that are operated in passenger service without a certificate of public convenience and necessity; providing for the release of such a vehicle impounded by the transportation services authority to a short-term lessor; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides immunity under certain circumstances for short-term lessors of vehicles from penalties that may be imposed by transportation services authority for unlawful use of vehicles leased by short-term lessors. (BDR 58‑1599)”.
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. 478.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 572.
Amend sec. 2, page 2, line 2, by deleting “7,” and inserting “8,”.
Amend the bill as a whole by deleting sections 3 through 6, renumbering sections 7 and 8 as sections 8 and 9 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:
“Sec. 3. As used in sections 3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 4. “Keg” means any container which is capable of holding 4 or more gallons of beer and which is designed for or capable of dispensing beer from a tap.
Sec. 5. “Licensed retailer” means a person who is licensed to sell beer or liquor to a consumer.
Sec. 6. 1. A licensed retailer shall not sell beer in a keg to a purchaser or lease a keg to a lessee unless, before the purchaser or lessee takes possession of the keg:
(a) The purchaser or lessee provides to the licensed retailer identification in the form of a driver’s license or other identification containing a photograph of the purchaser or lessee;
(b) The licensed retailer collects from the purchaser or lessee a deposit of not less than $50 or more than $100 for each keg involved in the transaction and prepares a receipt for the transaction that complies with the provisions of this section;
(c) The purchaser or lessee signs, in the appropriate place in accordance with the provisions of subsection 3, the receipt prepared by the licensed retailer; and
(d) The licensed retailer gives a copy of the signed receipt to the purchaser or lessee and informs the purchaser or lessee that the purchaser or lessee has a duty to maintain a copy of the signed receipt at the location where the keg will be used to dispense beer.
2. Each receipt prepared by a licensed retailer pursuant to subsection 1 must include, without limitation:
(a) The name and address of the establishment of the licensed retailer where the transaction occurred;
(b) The date of the transaction;
(c) The identification number for each keg involved in the transaction;
(d) The amount of the deposit collected by the licensed retailer for each keg involved in the transaction;
(e) The name and address of the purchaser or lessee; and
(f) The identification number of the driver’s license or other form of identification provided to the licensed retailer by the purchaser or lessee.
3. In addition to the requirements of subsection 2, each receipt prepared by a licensed retailer pursuant to subsection 1 must include a place for the signature of the purchaser or lessee. The place for the signature of the purchaser or lessee must follow immediately after a declaration that is printed conspicuously on the receipt in substantially the following form:
I declare under penalty of perjury that I am 21 years of age or older and that I will not allow a person who is less than 21 years of age to consume, in violation of any applicable law, any beer involved in this transaction. I am signing this receipt with the knowledge that I am making a sworn declaration under penalty of perjury.
4. A purchaser or lessee who signs a receipt containing a declaration that substantially complies with the provisions of subsection 3 shall be deemed to have made a sworn declaration under penalty of perjury.
5. For each transaction completed pursuant to this section, the licensed retailer shall:
(a) Retain, for not less than 6 months at the establishment of the licensed retailer where the transaction occurred, a copy of the signed receipt given to the purchaser or lessee pursuant to subsection 1; and
(b) Make a copy of the signed receipt available for inspection by any law enforcement agency during that period.
6. A licensed retailer who collects a deposit from a purchaser or lessee pursuant to subsection 1 shall refund the deposit to the purchaser or lessee if, within 6 months after the date of the transaction, the purchaser or lessee:
(a) Returns to the licensed retailer the keg for which the deposit was collected; and
(b) Presents to the licensed retailer a copy of the signed receipt that was given to the purchaser or lessee pursuant to subsection 1.
A licensed retailer shall not refund a deposit to a purchaser or lessee who fails to comply with the provisions of this subsection.
Sec. 7. 1. A person shall not purchase beer in a keg from a licensed retailer or lease a keg from a licensed retailer unless the person is 21 years of age or older and, before the person takes possession of the keg, the person:
(a) Provides to the licensed retailer identification in the form of a driver’s license or other identification containing a photograph of the person;
(b) Pays to the licensed retailer the deposit required pursuant to section 6 of this act for each keg involved in the transaction; and
(c) Signs, in the appropriate place, a receipt which is prepared by the licensed retailer and which contains a declaration that substantially complies with the provisions of subsection 3 of section 6 of this act.
2. A person who has purchased beer in a keg or who has leased a keg:
(a) Shall not allow a person who is less than 21 years of age to consume, in violation of any applicable law, any beer that is dispensed from the keg; and
(b) Shall maintain at the location where the keg is used to dispense beer a copy of the signed receipt that was given to the person pursuant to section 6 of this act.”.
Amend sec. 7, page 3, line 31, by deleting “6,” and inserting “7,”.
Amend the title of the bill, third line, by deleting:
“and other containers”.
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 Bache moved that Assembly Bill No. 142 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Beth Schwartz, Ed Rivera, Zuri Langhorn, Mary Rector, and Stephanie Wong.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Young and Havilah E. Marrel.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Kay Elverum.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Allyn Goodrich.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Sadie Anstedt, Nichole Barkley, Anthony Delgado, Zaide Diaz, Ruby Garcia, Alexander Goodell, Darcy Morris, Keinia Olivares-Wenzel, Keaton Rich, Derek Rizo, Joseph Rowan, Michael Santoyo, Stephen Sawyers, Felipe Segura, Trevor Voight, Arissa Anaya, Jesus Abundis, Jeff Aldama, Jessica Adams, Trevor Fowlkes, Garrick Hague, Ronald Kennison, Casey Lenox, Blaine Lentz, Yadira Lopez, Kayla Massoni, Cody Rhodes, Ashley Runge, Mikel Schachten, Brandon Snoddy, Arlenne Villagrana, Rafael Silis, Bryan Byrne, Monica Carreon, Jaime Carrillo, Daniel Ceballos, Nick Cutunilli, Heather Douglas, Alfredo Hernandez, Sarah Lange, MacKenzie Leslie, Morgan Little, Jose Rodriguez, Nick Sisson, Cody Swanson, Cierra Thomas, Charles Timko, Betty Jo Wagers, Chris Simmons, Jorge Meza, Rebecca Badzinski, Seth Henderson, Alejandra Melgarejo, Tracy Avery, Jan Carsten, Brice Crook, Jared Hill, Ben Hopkins, Chris Kuhn, Blake Maxwell, Stephen Remer, David Rikalo, Kevin Sloan, Andrew Willett, Nicole Belarde, Caitlin Berger, Ashley Boyd, Katie Cocking, Ashley Davis, Ali Dillard, Denim Estrada, Becca Fox, Heather Habdy, Whitney Hoote, Courtney Kaylor, Lindsey Lee, Paige Miller, Alecia Timmons, Latosha Edmondson, Nikki Cazier, Laurie Nellis, and Barbara Culbert.
Assemblyman Perkins moved that the Assembly adjourn until Friday, April 16, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 2:53 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon